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Court gives custody of 114 cats to county in landmark case

County officials give custody to Best Friends

From Russ Mead, Best Friends Legal Counsel

Yesterday was an exciting day in Pahrump for the cats – and a legal milestone in the overall work of animal protection groups fighting institutionalized hoarding.

Nye County had charged Sherri Allen with 120 counts of animal cruelty and took these animals from her. Now, in a forfeiture proceeding Nye County asked the court to permanently take ownership of 114 cats away from Sherri Allen and transfer ownership to Nye County. These are the cats Best Friends has been taking care of for over a month at the Nye County Shelter.

The motion hearing went into its second day today. The court heard testimony from a vet called by the county as well as a vet called by Sherri Allen. Basically, Allen’s vet said the cats were not in chronic pain. The county’s vet testified that the cats were in bad condition and were indeed in pain.

Patty Hegwood, animal care director for Best Friends, took the stand and supplied photographs of the condition of the cats when they were confiscated. The photos showed cats with terrible eye infections, starving to death, with untreated wounds and visible signs of upper respiratory conditions. Sherri Allen supplied a video in an attempt to show the conditions weren’t really that bad.

Deputy Dawn Moore, the person who arrested Sherri Allen, testified to gruesome conditions at Allen’s house: feces on every surface, two shriveled dead cats in the house, and a cat tail on the floor. Moore showed photographs of the conditions when she came to the house.

Defense pleads Allen's house was a "no-kill" shelter

One of the defenses from Sherri Allen was that this was really a trial of the no-kill movement – with her as the model of a no-kill shelter. This is often how hoarders portray themselves.

Allen testified that these cats were unwanted, and that “no-kill" shelters like hers were needed to give these animals a place to live.

This kind of defense is a classic one of hoarders – that even starving, etc., the cats are better off with her. On a very strange note, the vet called by Sherri Allen said that she (the vet) did not agree with the no-kill movement. The vet repeatedly said “if not in a bed, better off dead.”

Best Friends' response

The county called me to the stand to explain how a real no-kill sanctuary like Best Friends Animal Sanctuary was different from Sherri Allen’s house.

We explained that a proper shelter takes in the same kind of sick, injured and unwanted cats but that we isolate the cats initially and set them up on a medical protocol; we make sure they are healthy before putting them in a cat colony. Then we work to place them in good homes. The point was that a proper no-kill shelter or sanctuary treats and cares for and finds good homes for the animals, rather than neglecting them.

Hoarding as the explanation

Just before the hearing started today, the county attorney told me he needed to put on testimony about hoarding. He said the judge wanted an explanation of how an individual could do such terrible things to animals in the name of helping them. The judge said she didn’t understand how this could happen if Allen did not intend it.

I took the stand and gave the judge an explanation of the traits of a hoarder: possessing a large number of animals, the animals are terribly neglected, and the caretaker is in denial that the conditions are bad, and has an attitude that “they just need a little help”. Our testimony and evidence helped establish that Sherri Allen fits these conditions. The judge then understood what had happened here.

This shows how helpful an anti-hoarding law would be to animals caught in these situations. Prosecutors and judges would then have a better tool to shut them down.

The judge’s decision

The judge ruled that the cats in the photos that had been produced as evidence had to have been suffering. She ruled in Nye County’s favor and transferred ownership to Nye County with the stipulation that if the county felt any of the cats needed to be euthanized, this had to be approved by a veterinarian.

Best Friends takes ownership

Within minutes of the decision, Best Friends went to the county shelter with the County executive and officially adopted 114 cats, 3 Dagus, 2 ferrets, 2 desert lizards, 2 rabbits and 2 dogs.

Five of the cats were promptly given veterinary certificates, enabling them to be brought directly to Best Friends Animal Sanctuary for special care. Juliet Watt, who works at the sanctuary and is also a pilot, boarded the cats into her four-seater plane and flew them straight to the sanctuary.

At the same time, one of the 24-foot climate-controlled rescue trucks set off from Best Friends to pick up the remaining 109 cats. Meanwhile, we began the process of obtaining travel documents, and should be on the road Thursday evening.

P.S. The staff who have been helping look after these cats (and the 500 others at the Pahrump property) bought Champagne to celebrate. This is a huge win – a lifesaver for the cats; an important precedent for any animal protection groups fighting the horror of hoarding; and for our staff who have been caring for these neglected animals.

Posted Aug 30 2007, 11:26 PM by michaelm

Comments

Posted 30 Aug 2007 11:43 PM by JSW

Thank you for explaining in common terms the legal aspects of this horrible situation. God bless those of you at Best Friends and elsewhere that take care of His creatures, big and small. Many people send thanks for the selfless acts of care and kindness for these innocent little lives.

Posted 31 Aug 2007 12:01 AM by lemming

Big Yay!

Posted 31 Aug 2007 12:05 AM by jennifer

I have been almost holding my breath hoping upon hope for this outcome. Mark & I worked with these kitties one of the weekends we were in Pahrump, and we have the ultimate honour of unloading them and settling them into their new temporary housing. I am beyond thrilled!

Posted 31 Aug 2007 12:58 AM by judylew

Are the yurts going into the pasture where they were for the Lebanon animals?

Posted 31 Aug 2007 1:38 AM by MINI

Yay Best Friends!!!!!

There are no words to describe how happy and relieved I am. I helped for two days at Animal Control. I tried to go on auto pilot to keep from breaking down and crying at the thought that these precious babies wouldn't at least be given a chance at the better life that they truly deserved.

I can not say enough about what a wonderful organization Best Friends is. For them to go to bat for these innocent and helpless darlings is nothing short of the work of true saints. I wish that every animal in the world could be saved by Best Friends, but one at a time is all anyone can ask for.
Each one in it's self is a victory.

Congratulations Best Friends on another job well done. I didn't break open the bubbly, but I did have a celebration cupcake.

Soon I will be off to Kanab to help care for these precious darlings. ^..^

PS. What about the chinchilla's?

Posted 31 Aug 2007 3:00 AM by Felis_sapien

This is such wonderful news, and once again Best Friends has been at the forefront of something that is really remarkable achievement.

A big thanks to all the volunteers who have been out there working while all this legal stuff has been in the works.

I also think that the authorities in Nye County who called Best Friends are to be commended. Rather than choosing what might have been a more expedient route, they turned to an organization that is expert in how to handle such a situation compassionately.

This is a good day.

Posted 31 Aug 2007 3:21 AM by Wuzzysmom

Oh, let me tell you, we were smiling as we cleared out that truck last night! I had to head back to my own critters before any champagne could be got out, but frankly working on the truck was quite the party atmosphere. Everyone was SO happy and relieved. Relieved that the judge did the right thing, and that the "shelter cats" will be safe from their abuser, out of that cramped space and up in Utah where they can get proper care. And also that the four people a day needed to care for them won't have to be pulled out of the crew there at the flock site. Its all good. They left this afternoon/evening for Utah, took all day to get the health certs and everyone secured and ready to go. I'm hoping they're "home" by now, and the kitties are getting their first glimpse of their new quarters.

Posted 31 Aug 2007 4:35 AM by jennifer

The kitties are all in their new digs. Many of them are a bit nervous, but many of them are already stretching, and playing, and grooming themselves. Having seen them at Animal Control in Pahrump, it is WONDERFUL beyond words to see them here.

The yurt that they're in is not in 'Little Lebanon', but further up onto the property.

There were a lot of people there tonight, helping to unload, get them settled, check on them medically, power wash the carriers, put the laundry into bags to be done later....a wonderful group effort.

Mark is in the shower now, it's after 2:30 in the morning, and we both have to work tomorrow - I'll be tired, but oh, so happy!

Thanks to everyone for their prayers for these furry ones.

Posted 31 Aug 2007 9:39 AM by czimmer671

Go get 'em Russ! I am glad that all animals have you on their side, working to legally ensure their health, comfort and quality of life!

Coming October 4,5,6,7, is the Pahrump Fall Festival, and Best Friends will have a booth. It is unlikely this event will be suited for a mobile adoption, so no live kitties, but I believe strongly that this a prime opportunity to raise awareness for the Nye County Rescue. If anyone would like to volunteer to help in the booth, please send me a BF Network mail.

Posted 31 Aug 2007 10:14 AM by judylew

Talk about a Rapid Response! Best Friends wasted no time. I can't believe the kitties are there and already settled in. I really shouldn't be surprised, though. Best Friends knows how to get things done. Great job everyone!

Posted 31 Aug 2007 10:31 AM by ratmom

Although it's horrible that these hoarding situations exist, each time one is made this public, it increases the understanding for both the public and the legal profession of the psychological problems of the hoarders behavior.

Judges will now have a much better understanding of the difference between hoarding and a large or small well-run shelter. There's a huge difference. You CAN keep large numbers of animals and not hoard them. BF is a fine example of that. But BF is NOT one person trying to save every animal. Hoarding situations usually are.

Congrats to these cats for finally getting the legal help and care they need.

Unfortunately, hoarders just don't get it and often crop up again. So, everyone out there in Nevada, keep an eye on this person and don't ever let it happen again!

Posted 31 Aug 2007 11:10 AM by jennifer

I posted this earlier, but I think it's REALLY important to understand. Hoarding is a mental illness, it is related to Obsessive Compulsive Disorder. A hoarder truly does not see what everyone else does - in the same manner that someone who is anorexic can look in the mirror and honestly believe they are fat.

If a hoarder does not receive psychiatric care, the recidivism rate is 100%.

I can completely understand the judges bewilderment, because until you've either worked with hoarding cases, or done some research into it, it is beyond baffling. Even knowing what I do, I continually ask- How could this happen? Didn't they see?

Again - I'm so glad they're here!

Posted 31 Aug 2007 12:31 PM by nutmegger

Oh how I would have loved to be there to help unload this precious cargo and welcome them to their new home!! I doubt I could get a room for this weekend but I would love to come down and volunteer with these babies.

I will be at the Fall Festival booth with Christina, come on down everyone!

Posted 31 Aug 2007 1:03 PM by Lora726

Well done, everyone! Truly a cause for celebration! I spent a day (with Crystal, Bobbie & Keri) helping out at the shelter and have been praying as hard as I could since then that those poor creatures would soon be in the skilled and loving hands of BF staff & volunteers. Can't wait to hear of their progress and see pictures of the Pussycat Lounge!

Posted 31 Aug 2007 4:32 PM by sue12paws

Fabulous news! At last these kitties will know love and comfort and have a chance at finding purrever homes. Thank you Russ, Patty, Juliette, Best Friends, Deputy Moore, Nye Animal Control, the judge, rescue truck drivers, loaders and unloaders, and everyone else who made this happy, happy ending possible.

Posted 31 Aug 2007 6:20 PM by saraesc

Oh, Happy Day for the kitties! I left Pahrump on Sunday night and have been eagerly watching for the results of this hearing. All good news for the kitties. Bless all the caregivers!

Posted 31 Aug 2007 8:10 PM by Tooky

I left the FLOCK site Monday night, having heard that Sherri Allan's day in court was going to be the next day. I was on pins and needles all during my drive home that next day and have been glued to the computer ever since I got back home.

While I was volunteering at Pahrump, I spent one day at the shelter helping with these 114 cats, and it was certainly a depressing experience, not knowing what their fate would be. They were definitely in bad shape! Kudos to Liz and Aldo who worked so hard for so long with these poor babies. I know they must be experiencing the ultimate in satisfaction with the outcome of this ordeal.

And my hat is off to everyone at Best Friends and all the volunteers and everyone else who has stepped up to help all the victims of this horrific situation.

Saraesc, glad you made it home safe and sound! It was a delight working with you!

Posted 31 Aug 2007 9:04 PM by Elaine1975

I'm SO happy that the cats and other animals are now SAFE! I do hope that Sherri Allen will also receive TREATMENT for her mental health condition. It's so sad when things like this happen. Elaine

Posted 31 Aug 2007 9:50 PM by Robere

Attaboy and Attagirl!!! Way to go! Common sense triumphs over greed and stupidity. I love that the kitties all are going to good homes and are not sick anymore.

Posted 31 Aug 2007 11:19 PM by Squeakie42

Above all else, I want to commend, congratulate and celebrate everyone involved who won another battle in the Kindness Revolution and are working tirelessly to patch up and comfort the survivors. That being said, I can't help but express a different opinion...

I know that animal hoarding is a form of mental illness, Russ, but it's one that causes tremendous suffering and sometimes death to basically helpless creatures. It's like the child abuse syndrome, and if these were human creatures, Ms. Allen would not be free to go home and retreat into her cocoon. I feel strongly that Sheri Allen should be hospitalized or incarcerated, or both, and have court-ordered treatment until her denial is dissolved. You know she'll just do it again, if there is no serious intervention.

Posted 1 Sep 2007 12:04 AM by Nevada10

A 100% win for those poor babies. Now they truly have a chance at life. It is real sad when people with this kind of illness do not see what they are doing that they actually think they are doing nothing wrong, but another win for BF. Where would these poor babies be without BF on their side, BF YOU ARE THE ABSOLUTE BEST, THANK YOU THANK YOU THANK YOU

Posted 1 Sep 2007 1:11 AM by Dcastillo

This is great news. I have been following this story...thank goodness things have turned out this way. I never heard of animal hoarding until now - its is awful to think about how those animals have suffered. I continue to question - what kind of vet is the "they weren't in chronic pain". It seems what ever vet Ms. Allen used to treat her animals and testify on her behalf - ought to look at the man in the mirror. They should be ashamed of themselves.

Posted 1 Sep 2007 1:32 AM by unadog

The pity of hoarders is that Counties and Cities
use this excuse to close down legitimate no-kill shelters. In Snohomish County, Washington, this just happened. Now no no-kill shelters are not allowed.

Posted 1 Sep 2007 12:10 PM by stacied

Thanks BF for the rescue, the advocacy, the important work with the legal system, and everything BF does. I wish I had alot more money to send BF for all the great work y'all do. I guess the modest donations of all of modest means really do add up. And I hope those who have more find it in their hearts to give more. I am grateful to BF!

Posted 1 Sep 2007 4:26 PM by CatherineB

I agree with Jennifer. Hoarding is a mental illness for sure. In most situations , the animals are the only focus of the rescue effort. Understandable. However, this must change. The human must also be part of the rescue effort if ever to ameliorate or alter the 100% recidivism. As HARC (Hoarding of Animals Research Consortium) has pointed out: "Hoarded animals are typically viewed as the problem, as opposed to a symptom of a problem." There are signs and characteristics that all hoarders possess. Let us call it, FIOD. FAILURE to provide even a minimum of standard of care. INABILITY to recognize. OBSESSIVE attempts to maintain or obtain more. DENIAL of the problem. Most animal collectors, collect other items as well. Old newspapers, empty plastic bottles, emptied bags/cans of dog and cat food, filthy furniture, broken appliances, et cetera. Nothing gets thrown into the rubbish bin. I have also noticed their vehicles mirror their home. Here, in southern California, we have an area in the high dessert of Kern County (2-3 hour drive north of Los Angeles) who have pretty much opened their arms in a welcoming fashion to those whom collect animals. The high desert is a vast area of dry land with Joshua trees, tumble weeds and wind that rarely stops. The entire high desert is massive and stretches far into the sunset. It is a locale where one can secure a secluded piece of land, far from civilization. One can collect for decades before being found out. I am so pleased to hear that Best Friends is working with other groups to create guidelines, of which, officials and judges will be able to follow. Let us also hope Best Friends can help with an animal hoarding bill that will be recognized nation wide. For more information on animal hoarding and ways to deal with the rising problem in your community, go to: <http://www.tufts.edu/vet/cfa/hoarding>

Posted 1 Sep 2007 5:53 PM by smwtlr6

It is interesting that Tufts University is mentioned. They killed a dozen or so dogs for an experiment a few years ago. Many people and organizations stepped in to offer homes to the dogs. The dogs had had one leg removed for the experiment. Rather than allow the rescue organizations to rehome these 3 legged dogs, Tufts moved up the kill date and killed them all. Does anyone know if Tufts has improved its animal research policies since then?

Posted 1 Sep 2007 11:15 PM by ahermes72

Please take care of those two ferrets. They can be mischievious, but are loads of fun.

Posted 2 Sep 2007 10:19 AM by Squeakie42

The report about Tufts is disturbing. Is there documentation of that incident? Was it the Vet. School, or another university department?

Posted 2 Sep 2007 11:23 AM by ratmom

Go to these two urls for information about the Tufts experiments on dogs that resulted in their "euthanization."

http://www.neavs.org/programs/pressreleases/Tufts_Vet_school_research.htm
http://www.neavs.org/programs/campaigns/Dogs_Suffer.htm

Posted 2 Sep 2007 9:06 PM by cuda

I don't know why research stuff got here but a few years ago the Spokane shelter in Washington state stopped giving live animals to Washington State University because they were dong too many evasive surgeries on animals without even putting them under then would just kill them. I understand this has been going on for years in many universities. This is where our vets come from so if they seem to have no compassion this could be why. They don't learn it.

Posted 2 Sep 2007 9:16 PM by cuda

Something I just thought of is that maybe Best Friends should holds some type of seminars to teach officials the difference between hoarders and no kill shelters. This would be an excellent example....photos and all.

Posted 3 Sep 2007 3:32 AM by CatherineB

Thank you for the information on Tufts. I am looking into that. If, it is true, I am most disheartened. I had no idea. I have been utilizing their HARC manual for years (Hoarding of Animals Research Consortium) and promoting same. It has helped greatly in the area of animal hoarding. It's a great manual. That being said, I am 100% against any and all animal experimentation. It is cruel and totallly unecessary.

Catherine

Posted 4 Sep 2007 9:39 AM by czimmer671

I apologize in advance, but I am looking for volunteers to help with the Pahrump Fall Festival. I will be heading up the Best Friends booth October 4,5,6,7 and so far I only have 1 person signed up to help. If you might be interested, please go the BF Network and search for Pahrump Fall Festival.

Posted 4 Sep 2007 12:26 PM by pcesari

I have volunteered in three shelters where their dryers were not vented. This fire trap caused two of those shelters to catch fire...how can this be regulated to force these shelters to take action?

Posted 4 Sep 2007 6:19 PM by chickenjoan

I had hoarders in my family, and I too can attest to it being a psychological condition. Fortunately, they did not hoard animals, just junk. If you love anmals and have the wrong genes, though, it can become a big problem. It certainly can start innocently enough as a well-intentioned attempt to take in, cure, foster, and place, but the nature of this condition tempts the "rescuer" to attempt to take in too many animals, thus eventually overwhelming her (usually , with pets, it's a woman). There also can be a misguided belief on her part that she is the only one who would take the best care of the pets, so why even look for someone to adopt them? And unless she's really on top of things and has some financial wherewithal, the cats will breed, get sicker, and then it's a huge mess. Denial then kicks in-- you can't take positive steps to get help unless you can see the problem. Or it's just too embarrassing to seek help. It seems that Best Friends has recently been to several of these scenarios-- Pets Alive was one as well.

Of course, the animals are in danger, and anybody who suspects such hoarding should report it. But I think there must be compassion and assistance provided for the hoarder as well. Best Friends seems to handle these situations with more dignity than I've seen local TV stations use. They usually jump on a sensational hoarding story like bees to honey, naming the person, getting a good shot of the poor woman, and sending a couple of cameras into the house, searching for the most disgusting, horrifying photos as possible. We're not supposed to persecute or ridicule the mentally ill anymore, but the poor old lady hoarders seem to still be fair game.

That having been said, there can and should be safeguards and sanctions. Perhaps the sanctions could include a court order that such a person never be allowed to own more than 3 or 4 animals at a time and must submit to periodic reviews if they continue to own pets.

Posted 4 Sep 2007 9:21 PM by Sanchali

Awesome!

Posted 4 Sep 2007 9:47 PM by cattees

whee!

Posted 5 Sep 2007 9:24 AM by Dragonfly

This is extraordinary news and deserves the widest venue possible. I have written a brief letter to USA Today and expressed my personal opinion that they consider an in-depth story on Best Friends with perhaps a focus on the cats but also updated BF coverage overall - so many different areas of interest. I did point out that the Vicks issue is not going to go away (thanks Whoopi!). Locally, all we keep getting are the shocker headlines about dog fighting and animal torture. Time for the rest of the story, don't you think? I have insight into how hard it might be to get a major newspaper spread. The bottom line - is the story timely and will the story sell the paper - I certainly think so. Who knows, further press coverage might bring some of the wandering cat owners who lost their pets in NV back into the fold. I didn't think it would hurt to ask.

Posted 5 Sep 2007 12:59 PM by Tooky

Dragonfly, I totally agree. A popular, nationwide venue such as USAToday would bring this amazing story to a huge number of people. The outcome of Best Friends' efforts would be news that a lot of people are starving to hear. So many magazine, TV, and other media outlets will tell or show the horrifying details of the situation, but leave their audience with a sense of hopelessness and despair that nothing can or is done for the animals involved. Focusing on the rescue and care provided by Best Friends and the positive results for these babies would show that something can be done for animals in desperate circumstances.

Posted 8 Sep 2007 3:21 PM by ruthy92

Very true about about an anti-hoarding law

But too often that would kick in after animals had already suffered and died

Even better to require licensing and inspections for any facilities with larger numbers of animals. Then these problems could be discovered much earlier

and perhaps even fixed so that the sanctuary or shelter can still function!

Posted 8 Sep 2007 3:51 PM by ruthy92

As as for the commentsa about lack of compassion in vet schools, this is a long-standing problem

These schools were buying animals from bunchers to sell to the schools for procedures. The pets were stolen. They just took the collars off.

It has improved some, but not enough.

And to see what disgrace Auburn University is up to, see http://vids.myspace.com/index.cfm?fuseaction=vids.individual&VideoID=8701138

Posted 9 Sep 2007 9:37 PM by pinkys

Chickenjoan...

Poor old lady hoarders? Do you have any idea what level of abuse hundreds of cats suffered at this "poor old lady's" hand? I can't muster any sympathy for that criminal.

As far as granting these criminals permission to be limited to 4-5 cats, hello? That is equivalent to Social Services allowing a child abuser custody of two of his five kids but not allowing him custody of the other three. Lots of logic there!

The spotlight is glaring on this one and I hope she and everyone involved with this crime, get exactly what punishment is deserved on each and every count of animal abuse caused in Pahrump.

The "poor old lady hoarders" cannot commit crimes while behind bars can they? A stiff jail sentence and fine might scare hoarders into sanity.

Posted 17 Sep 2007 12:06 AM by kwhitlock

Maybe John Ensign would be interested in this. He used to be a vet. Maybe he could get the ball rolling on some needed legislation to protect animals from hoarders.