Possible puppy mill - Animal neglect by dog-sitter - 27 dogs
Hawai'i Kai, HI (US)Incident Date: Wednesday, May 7, 2003
County: Honolulu
Charges: Misdemeanor
Disposition: Dismissed
Person of Interest: Lucy Kagan
Case Updates: 5 update(s) available
Thirteen of the 27 puppies and dogs found during a raid on a Hawai'i Kai condominium Wednesday have been returned to their owners, The Hawaiian Humane Society said yesterday.
"We continue to receive information from persons who say they had problems with the woman who was keeping the puppies, and our investigation of possible charges of animal cruelty is continuing," Humane Society spokeswoman Eve Holt said.
Lucy Kagan, who rented the condominium unit in the Marina Villa complex, has denied anyone was cruel to the animals. Kagan says she was dog-sitting 21 of the dogs, and that six are hers. She said a person at the condo who was supposed to take care of the animals in her absence had failed to clean up after them as much as she wanted, but that otherwise all were being well-cared for.
Holt said owners of 13 of the animals had come forward by Friday with photographs and documentation proving the animals were theirs. Humane society officials who discovered the dogs in the two-story residential unit said the animals were living in squalor, amid trash and feces.
Bryan Windisch, manager of field services for the Humane Society, has said animals will not be returned to Kagan if she is charged, but will be kept as evidence in the case.
Animal cruelty is a misdemeanor with possible penalties of up to a $2,000 fine and a year in jail.
Case UpdatesA judge has dismissed 25 counts of animal cruelty against a woman who was accused of operating a "puppy mill" out of a Hawaii Kai condo in 2003.
Lucy Kagan said yesterday she loves dogs, and denied ever mistreating 25 dogs that the Humane Society says were discovered in cages crammed into a filthy condo.
The judge dismissed the charges because of the lengthy delay between the time of the alleged offense and the filing of the complaint.
Kagan, however, is not completely in the clear. She was sentenced by another judge yesterday in a tax evasion case.
Lucy Kagan says she might be a pack rat, but she loves dogs and would never abuse them despite widely publicized accusations.
Circuit Judge Reynaldo Graulty dismissed 25 counts of misdemeanor cruelty to animals against Kagan on Thursday. She was accused of running a "puppy mill" after 25 dogs, including newborn puppies, were found in kennels at her ex-husband's Hawaii Kai condo on May 7, 2003, by firefighters responding to a fire that broke out in the kitchen.
Hawaiian Humane Society investigators who also responded described the kennels as "filled with feces, urine and infested with insects, including cockroaches, flies, spiders and other pests."
Kagan defended herself yesterday after a state judge placed her on five years' probation in a tax evasion case that arose after she failed to report income from the sales of dogs in 2001 and 2002.
She said the dogs belonged to her former business partner Norman Texeira, who submitted a check yesterday to the state Tax Department for the unpaid taxes totaling $1,362.
Circuit Judge Richard Pollack stayed a 30-day jail term but ordered Kagan to serve 100 hours of community service.
Kagan's attorney and family friend Richard Lehrfeld of Sacramento, Calif., said Kagan has been "castigated" in the media and has been known as the "dog lady" since the fire.
From the start, Kagan denied mistreating the dogs, calling the investigation and resulting publicity against her a "witch hunt."
She maintained that the dogs were healthy, being properly cared for and caged with food and water. She sought a dismissal of the charges last month based on the lengthy delay between the time of the offense to the date of the complaint.
Graulty agreed that Kagan would be "substantially prejudiced" if she went to trial without the testimony of witnesses who have since moved away or are no longer able to testify on her behalf, said Lehrfeld.
City Prosecutor Peter Carlisle acknowledged that there was a long delay between the alleged offense and when she was charged on Feb. 24, 2005. However, the charges were filed within the statute of limitations and brought because there was probable cause Kagan had committed the offenses, he said.
Pamela Burns, president and chief executive officer of the Hawaiian Humane Society, which supported animal cruelty charges against Kagan, said the group was extremely disappointed to hear the case was dismissed.
The Humane Society conducted a nearly monthlong investigation into suspected animal cruelty and neglect after the dogs were removed from the condo. The group determined that the dogs were kept in "deplorable conditions and small cages -- well below standards considered acceptable," Burns said. Earlier, the Humane Society said Kagan was basically running a "puppy mill."
Kagan objected to the characterization, saying the Humane Society found that the dogs were healthy and not abused.
The Humane Society later returned 14 of the dogs so Kagan could turn them over to the people who had bought them. Another 10 were returned to Texeira. One miniature Pinscher puppy died.
Kagan said she was using the condo as storage for furniture and belongings after moving into a smaller place about a half-mile away. She does not deny the place was messy and in disarray, and stray cats apparently had the run of the place after entering through a hole in the roof. Repairs to the condo were neglected because her ex-husband was living on the mainland, she said. A trash can containing remnants of dog food had tipped over, attracting roaches, she said.
She said she went daily, even twice a day, to feed and care for the dogs, who were being bred for sale and were valued at about $1,000 apiece.
Kagan said she and Texeira, who invested thousands into constructing a kennel on his farm, had planned to go into business together to breed dogs. The plan fell through after the fire and the resulting negative publicity, which affected her physically and emotionally, she said.
Kagan, a self-professed "eccentric dog lover," said she has cared for strays and rescued dogs since she was a child. | Source: Star-Bulletin Nov 10, 2007
Update posted on Nov 13, 2007 - 4:44AM |
| Lucy Kagan is pleading not guilty to the charges against her. She was arraigned in court Friday morning. Kagan requested a jury trial to face the 25 counts of cruelty to animals. | Source: KHON - Feb 22, 2005
Update posted on Feb 23, 2005 - 10:22AM |
Lucy Kagan was served Wednesday with penal summons charging her with 25 counts of cruelty to animals, a misdemeanor, prosecutors confirmed.
The charges stemmed from an investigation that began more than 1 1/2 years ago after firefighters and police responding to a report of a kitchen fire at Kagan's Hawaii Kai townhouse in May 2003 discovered the animals in kennels, surrounded by trash and feces.
A Hawaiian Humane Society investigator at the time described the kennels as "filled with feces, urine and infested with insects, including cockroaches, flies, spiders and other pests."
Humane Society spokesman Jacque Smith said the organization is satisfied that charges were brought against Kagan in what they feel is a very "clear-cut case of animal cruelty." | Source: Honolulu Star-Bulletin - Jan 14, 2005
Update posted on Jan 14, 2005 - 7:27AM |
The Hawaiian Humane Society has been able to confirm that four of the 14 dogs that were under the care of a Hawai'i Kai woman accused of animal abuse have been sold and are in good condition.
Spokeswoman Eve Holt said the Humane Society will attempt to locate the 10 other dogs and verify that they also have new owners and are in good living conditions. Information on the remaining dogs is to be provided to the Humane Society by the attorney for Lucy Kagan by Sept. 2.
Read more: The Honolulu Advertiser | | Update posted on Aug 24, 2003 - 12:49PM |
Hawaiian Humane Society officials say they have not been able to see the 14 dogs of suspected illegal dog breeder Lucy Kagan since they returned the animals to her Tuesday.
"The dogs were not at the site she had previously agreed that they would be to allow us to inspect them," Pam Burns, executive director of the Hawaiian Humane Society, said yesterday. She said the humane society is exploring legal options to require regular inspections.
Read More: The Star Bulletin | | Update posted on Aug 2, 2003 - 11:50AM |
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