Attorneys/Judges
| Prosecutor(s): | Jeff Sawyer | | Judge(s): | Charles Snyder |
Images for this Case
Llama neglect
Ferndale, WA (US)Incident Date: Friday, Mar 9, 2007
County: Whatcom
Disposition: Alleged
Case Images: 1 files available
Alleged: Lanette E. Smith
Case Updates: 7 update(s) available
Officials are investigating the owner of a Ferndale llama herd on suspicion of animal neglect - a move some neighbors say is long overdue.
The Whatcom County Sheriff's Office obtained a search warrant March 9 afternoon for a field on Olsen Road owned by Ferndale resident Lynette Smith. Security Specialists Plus Preferred Animal Care, which has a county contract to provide animal control services, investigated Smith's llama herd after neighbors reported a dead llama in the field earlier this week.
Two veterinarians - one contracted by SSP and one who works for the state of Washington - examined the herd of 42 llamas Friday morning and determined they were distressed and showed signs of neglect, sheriff's Chief Deputy Jeff Parks said. SSP and llama rescue organizations from Whatcom and King counties will examine and move the llamas March 11 morning.
Jamey Forss is one of several neighbors with experience raising animals who say the herd has not had sufficient food, water or shelter for several years.
"It's a red flag of improper animal care when you put animals on a piece of property where they don't have year-round access to water," Forss said.
Niki Kuklenski, a Lynden llama owner who is organizing the removal of the llamas, said the animals have not been sheared as often as necessary, which can breed disease and hide malnutrition.
"If these llamas were dogs, there's no way anyone would let this go on," Kuklenski said. "With all that fiber, they may look fat ... but underneath could be parasites, lice and ringworm."
But Jeannie Cox, who lives adjacent to the pasture, said Smith comes to check on the animals frequently, bringing buckets of water and occasionally camping overnight with the herd.
"We don't know what llamas need for care," Cox said. "But we always see her out there. ... If we really thought they were being mistreated, we would say something."
Case UpdatesTwo and a half years after a Whatcom County woman was charged with abusing eight llamas, a Superior Court judge will determine her guilt or innocence.
Lanette E. Smith is facing eight counts of first-degree animal cruelty, and her bench trial began in Judge Charles Snyder's courtroom Tuesday, Oct. 13.
A prosecutor and Smith's public defender delivered opening statements Tuesday afternoon, and afterward Snyder heard testimony from a veterinarian who evaluated many of the llamas.
Smith was caring for 41 llamas in a pasture in the 6000 block of Olson Road west of Ferndale in March 2007 when passing drivers reported seeing a dead llama in the pasture.
Security Specialists Plus, which at that time contracted with the county government to provide animal control, sent an officer and Nancy Williams, a veterinarian based in Maple Falls, to the site to check on the animals.
Williams testified that many of the llamas were dangerously underweight and dehydrated, some had matted fur and were missing teeth, and almost all had lice and parasites.
All 41 were eventually seized, but seven had to be euthanized, Williams said.
Senior Deputy Prosecutor Jeff Sawyer said that evidence would be enough to convict Smith.
"Almost every single one of them were determined to be starved," Sawyer said. "There will be overwhelming evidence in this case that Ms. Smith was responsible for these animals ... and that she starved them and dehydrated them."
Senior Deputy Public Defender Lance Hendrix, who's representing Smith, disputed that assertion and said SSP had been to Smith's ranch to check on the llama herd several times and found nothing wrong.
Hendrix said the animals were seized in a raid, which he contends caused one to suffer a broken leg and contributed to the death of another.
The seven llamas were euthanized because of their nasty attitudes toward people, which prevented them from being adopted, Hendrix said.
"Many of the animals that were confiscated ... were not starving," Hendrix said. "Basically what the court will find when this is over is that this was a bit of a witch hunt." | Source: Bellingham Herald - Oct 14, 2008
Update posted on Oct 14, 2009 - 11:57AM |
A woman accused of animal cruelty in the care of llamas is scheduled to go to trial Jan. 12.
The trial date for Lanette E. Smith was set during a hearing Monday, Nov. 24, in Whatcom County Superior Court.
Smith faces eight felony counts of animal cruelty. She was arrested after Whatcom County Sheriff's deputies and animal control specialists confiscated 41 llamas from her Ferndale field in March 2007.
Seven of the seized llamas had to be euthanized, one died shortly afterwards and at least 30 of the animals were suffering from starvation, according to documents filed in Superior Court. | Source: Bellingham Herald - Nov 23, 2008
Update posted on Nov 24, 2008 - 8:29PM |
The owner of a Ferndale-area llama herd pleaded not guilty Friday in Whatcom County Superior Court to eight felony counts of animal cruelty.
Lanette E. Smith, 48, is free on her own recognizance. She was charged March 28, after Whatcom County sheriff's deputies and animal control officers took 41 llamas from Smith's field in the 6000 block of Olson Road. They were responding to a report of a dead llama that had been left in the field for five days, according to documents filed in Superior Court.
In court documents, investigators said 30 of the llamas were suffering from starvation. Smith's attorney, Jeff Lustick, has denied the charges, arguing that the animals were kept in lean condition because they were used as pack animals.
Also on Friday, Lustick filed a motion asking the court to give the seized animals back to Smith, arguing that his client "has the capability and the intent to provide sufficient food, shelter and housing for the seized animals' welfare."
No hearing has yet been scheduled on the motion.
Smith's next court appearance is set for Friday. | Source: Bellingham Herald - April 14, 2007
Update posted on Apr 15, 2007 - 5:33PM |
A Ferndale woman is facing charges after eight llamas from her herd had to be euthanized.
Lanette E. Smith operates Pasayten Llama Packing, which offers hiking trips with llamas in the Pasayten wilderness. She's due in court next Friday to face eight counts of first-degree animal cruelty.
Her lawyer, Jeffrey Lustick, says many of the animals were old, the charges are dramatically overstated, and that llama experts from around the country have expressed support for her.
Authorities say many of the animals were starving and infested with lice, and one was left dead in a field for five days. | Source: KNDO - April 6, 2007
Update posted on Apr 9, 2007 - 2:29AM |
The co-owner of a Ferndale-area llama herd seized in a neglect investigation was charged Wednesday with eight felony counts of first-degree animal cruelty, according to court documents.
Lanette E. Smith, 48, could be fined up to $10,000 and receive up to a year of jail time, Whatcom County Prosecutor Dave McEachran said.
Smith could not be reached for comment, but her attorney, Jeff Lustick, denied the charges, claiming the llamas are pack animals that needed a thick coat and low body fat to go on guided tours in the North Cascades. Smith and business partner Randall Perry run a company in Twisp called Pasayten Llama Packing.
The Whatcom County Sheriff's Office and animal control officers from Security Specialists Plus took 41 llamas from Smith's field in the 6000 block of Olson Road March 10 after a report of a dead llama being left in the field for five days, according documents filed in Superior Court. Seven of the seized llamas had to be euthanized due to poor health stemming from starvation, lice, parasites and other ailments, according to the documents. An eighth died shortly after being taken away.
Smith is charged with one felony count for each llama that died.
At least 30 of the llamas were suffering from starvation, and five of those were categorized as being "near death," according to the documents. The remains of several adult llamas were found on the property, and a dead baby llama was found in a nearby ditch, according to the documents.
Lustick questioned the validity of evidence gathered by SSP, which has since lost its animal control contract with the county. County Executive Pete Kremen decided to end the contract after a Sheriff's Office investigation showed numerous problems with how SSP handled reports of the neglected llamas and other animal cases.
Smith told investigators that she fed the herd four large garbage bags of hay every day but hadn't had the llamas' feet trimmed in about two years and no vet had visited them since May 2006, according to the documents.
Niki Kuklenski, who helped organize the llamas' rescue, doubted that the herd had been fed, sheared and vaccinated regularly, given their low body mass and high number of parasites when they were seized.
"If she had been feeding them hay every day, they would have looked a lot better than that," Kuklenski, a llama rancher, said. "It doesn't matter if they pack; llamas still need to be sheared."
But Lustick said Smith kept her llamas unshaven and lean for guided pack excursions.
"The kind of llamas kept by Ms. Smith differs greatly in appearance from the llamas that one might see at a county fair or at an animal show," Lustick said in the press release.
Nancy Williams is a Maple Falls veterinarian who is contracted by SSP and helped move the animals off the property. Williams said she was relieved that the llamas are now getting the care they need.
"I hope this is a wake-up call to all the marginal hobby farm people in the county - and there are a lot of them," Williams said. "You have an obligation to take care of your animals."
Barb and Jamey Forss, who repeatedly complained to SSP about the llamas' treatment, said they and other neighbors offered Smith help in caring for the herd several times.
"Every chance we got to offer help, we did," Barb Forss said. "We tried to do the neighborly thing, but she adamantly refused." | Source: Bellingham Herald - March 31, 2007
Update posted on Apr 2, 2007 - 10:51PM |
The Whatcom County Sheriff's Office has finished its investigation into alleged animal neglect after seizing 41 llamas on Olson Road near Ferndale March 11. The case has been given to the Whatcom County Prosecutor's Office.
That office is reviewing the case and will decide whether to file charges within the next few weeks, Prosecutor Dave McEachran said.
Seven of the seized llamas were euthanized due to poor health. | Source: Bellingham Herald - March 23, 2007
Update posted on Mar 23, 2007 - 5:29AM |
Whatcom County Sheriff Bill Elfo has suggested the county consider dropping the contract of its current animal control provider.
The rebuke of Security Specialists Plus Preferred Animal Control came a week after the Sheriff's Office seized 41 llamas from a Ferndale-area field that neighbors say they have been complaining about for several years. The County Executive's office asked Elfo to review SSP's handling of that case and the quality of the company's animal control services as a whole.
SSP, owned by Greg and Mary Lee Rustand, has a $378,000 annual contract to handle animal control for the county. The company also runs a facility that houses minimum-security county jail prisoners in workrelease programs.
Elfo has previously criticized SSP for the management of the jail facility.
The county pays SSP about $500,000 a year for jail services.
In a nine-page memo to County Executive Pete Kremen obtained by The Bellingham Herald through a public records request, Elfo pointed to a history of allegations of inadequate animal abuse investigations by
SSP and a failure to notify the Sheriff's Office when investigating potential criminal cases.
"Our major concern is that the public has lost confidence in SSP's ability to provide (animal control) service in the county," Elfo wrote.
In the memo, Elfo suggests either giving the contract to a nonprofit agency such as a humane society or having the county government assume responsibility for animal control.
Bob Gardner, SSP security operations director, said he believes the company has fulfilled the duties it was contracted to do. He declined to comment on the memo.
Elfo also raised questions about the training that SSP employees have received. In response to questions about SSP's employee training record, the Sheriff's Office sponsored an animal abuse investigation seminar in 2005. Though Sheriff's Office, Blaine Police Department, FBI and Humane Society staff attended, SSP did not, according to the memo.
All options remain on the table for the County Executive's office, which is responsible for maintaining the county's contracts. Last week, Kremen told the Whatcom County Council that his office was conducting its own investigation and that terminating the contract was an option.
County Administrator Dewey Desler said they will meet with SSP management next week to discuss the company's recordkeeping practices, employee training requirements and communication with the Sheriff's Office.
Any changes to the contract would have to be approved by the County Council.
Councilwoman Barbara Brenner said the animal control situation needs to be fixed, but she is waiting to see what the executive's office proposes.
"Things are not working well as they are," Brenner said. "But I don't know what the solution is. … I do think SSP should be (involved in) the conversation."
SSP declined to renew its animal control contract early last year, citing the "politics" involved. This prompted the county to purchase the company's building for approximately $700,000 in hopes of finding another animal control provider.
Management at the Whatcom County Humane Society, which provides animal control services to Bellingham, Blaine, Sumas, Everson and Nooksack, turned the contract down because they could not hire the staff necessary to run the building in the month they were given. In a bind, the county persuaded SSP to sign a $378,000 annual contract, up from $338,000 the year before.
Whatcom County Humane Society Executive Director Penny Cistaro said they've had "theoretical" discussions about a contract with county officials in the last week, but they will not engage in any concrete negotiations while SSP is still under contract.
"We want to make sure every animal that needs care is getting that care," Cistaro said. "But (the county) is in a contract; they need to figure out what they're doing first." | Source: Bellingham Herald - March 23, 2007
Update posted on Mar 23, 2007 - 5:28AM |
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