Attorneys/Judges
| Prosecutor(s): | Shawn Steinberg | | Judge(s): | Janet Barton |
Shelter neglect - 100 dogs and cats seized
Phoenix, AZ (US)Incident Date: Tuesday, Nov 3, 2009
County: Maricopa
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Diane Habener
Case Updates: 4 update(s) available
Diane Habener said she has run an animal rescue service for several years and has made it a priority to try and save dogs and cats at risk of being euthanized.
"We are euthanizing way too many animals," Habener insisted Wednesday.
But Maricopa County Sheriff's deputies believe Habener's good intentions turned into neglect.
Nearly 100 dogs and cats were rescued Tuesday after the sheriff's office served search warrants at two locations in north Phoenix.
According to Sheriff Joe Arpaio, Habener started a rescue business called 'Tuffies Rescue' in 2004 intending to provide shelter and adoption services to animals which might otherwise have been euthanized.
"It appears as though Ms. Habener got in way over her head by taking in too many animals," Arpaio said. "She did not provide the proper care needed to safely and humanely house these animals. Conditions at both locations where Habener housed animals were deplorable at best."
Habener denies the allegations.
"It really doesn't make any sense at all and I think when they check the animals and they find that they are healthy they'll see it wasn't whatever rumors and speculation were floating around," Habener said.
She could be charged with as many as 77 counts of animal neglect .
The search warrants were served at 25312 North 16th Avenue in Phoenix and at 3836 West Morrow Drive.
Neighbors in the area said the bust was a long time coming and that they have been trying for years to get something done.
"This was not the proper set up for it," Barb Gentz said. "The dogs should not have been in that situation."
Gentz has lived in the area for years. She said the smell could be picked up far from the house. And others said the barking and odor forced them inside their homes.
Sheriff's deputies said some of the animals required immediate medical attention and were transported to area veterinarians.
Sheriff's deputies and animal crimes detectives are working with local veterinarians and the County Attorney's Office to determine the magnitude of the neglect.
Animals were reportedly without water, food, living in excrement and many were caged in kennels too small to even allow any real movement by the animal.
MSCO said extra precaution was needed by deputies and detectives as they removed the animals and at least one dog tested positive for leptospirosis, an animal-to-human contagion.
As a safety measure, Arpaio said all animals brought in to the MASH facility from this case will be quarantined until a health evaluation can be made.
The jail MASH unit is located in the old First Avenue Jail that was closed to inmate incarceration due to plumbing issues in 1999.
MCSO said that same year Arpaio turned the jail into an air-conditioned animal housing facility for dogs, cats and other pets confiscated by deputies during abuse or neglect cases.
Over 500 animals have reportedly been cared for by female inmates while the animals' owners were going through the court process.
MCSO said inmates who care for these animals will not be allowed to do so alone until the health evaluation is done.
Officers will accompany the inmates in the quarantine area to ensure all inmates comply with health recommendations to stop the spread of leptospirosis.
Case UpdatesA Maricopa County Superior Court judge has found the operator of a Phoenix animal-rescue shelter guilty on nine counts of animal cruelty.
Diane Habener was arrested in November 2009 after investigators found dozens of dogs and cats living in deplorable conditions at two Phoenix locations.
Sheriff's deputies found that the animals were without food and water and were living in excrement. Many were caged in kennels too small to even allow any real movement by the animal.
"It appears as though Ms. Habener got in way over her head by taking in too many animals," Sheriff Joe Arpaio said at the time of her arrest. "She did not provide the proper care needed to safely and humanely house these animals."
Judge Janet Barton found Habener guilty on nine misdemeanor counts of cruelty to animals and not guilty on seven others at a non-jury trial.
Habener faces possible jail time, a fine and probation when she's sentenced April 15.
Habener started Tuffies Animal Rescue in 2004. | Source: fox11az.com - Mar 31. 2011
Update posted on Mar 31, 2011 - 7:37PM |
A valley woman who ran an animal shelter out of her home has refused to cut a plea deal that would have cleared her of nearly all her charges.
Diane Habener was arrested more than a year ago and charged with 77 counts of animal cruelty. She says she did nothing wrong, so there's no sense in pleading guilty.
Attorneys delivered their closing argument Monday in what has turned out to be a very long trial for someone charged with 16 misdemeanors.
Sheriff's deputies shut down Diane Habener's rescue organization back in 2009. They found more than 100 animals on the property, some in pretty bad shape.
She was initially charged with 77 counts, although now she's only facing 16. In court, her defense attorney claimed the animals were being well cared for -- the ones in bad shape came in that way and were being nursed back to health.
The prosecution countered that's not what detectives saw.
"There was no way that she was checking on all these animals and making sure that that they were well taken care of. Did she have good intentions? Maybe. But that is not good enough," said prosecutor Shawn Steinberg.
"Diane can be weird. Diane can be difficult to work with. She didn't get along with every employee that she had. It doesn't make her a criminal. It doesn't make her action criminal and it doesn't make her reckless," said defense attorney Amy Kalman. "These animals were getting Diane's heart and soul and they were getting their energy."
This is a bench trial so the judge is the one who will decide whether the accused is guilty or not. The case is now in the judge's hands. | Source: myfoxphoenix.com - Mar 7, 2011
Update posted on Mar 7, 2011 - 10:17PM |
A Phoenix woman who once faced more than 200 charges of animal neglect said Friday that her case has been a waste of time and taxpayers' money.
Diane Habener, 63, was arrested in November 2009 after Maricopa County sheriff's deputies served search warrants on two of Habener's Phoenix homes. Sheriff's officials said deputies found as many as 120 animals without adequate food or water in her care.
According to the Sheriff's Office, Habener in 2004 started Tuffie's Animal Rescue at her home, 25312 N. 16th Ave., Phoenix. The goal was to save cats and dogs from death in Valley animal shelters. Habener cared for the animals with assistance from volunteers and foster families until they were given permanent homes.
"To Diane, this is a calling," Habener's spokesman Mark Macias said Friday.
Before her arrest, Habener said she saved and adopted out 199 animals in 2009. Habener said she sold her California home to expand the shelter.
Originally, Habener was charged with one felony of cruel animal mistreatment and 77 misdemeanors of cruel animal neglect.
After further investigation, Habener was charged with an additional 142 misdemeanors, including abandonment and failure to provide medical attention.
Throughout the 22-month trial that began in December 2009, the prosecution offered Habener two plea bargains. The first required Habener to plead guilty to two misdemeanors. The second required a guilty plea to one misdemeanor of disorderly conduct.
In a news conference Friday morning, Habener and Macias compared the disorderly conduct charge to that of a teenager acting inappropriately.
"It is a waste of time, energy and taxpayers' dollars," Macias said.
Habener rejected both pleas.
"I'm an animal person. How can I plead guilty to something I'm not guilty of?" she said. "There was no cruelty. There was no neglect."
Habener said the 96 dogs and 16 cats were divided between her two homes at the time of the arrest. Two volunteers were at one of the homes with 68 of the dogs, and Habener had the remaining 28 animals, she said. According to Habener, each animal was fed and let out to play at least twice a day.
"She is called from God to do this," said Frances Booher, a prayer partner and longtime friend.
The day of the arrest, Habener offered to go to the station quietly, Macias said, but the deputies handcuffed her and made it a public scene. "This is all about publicity over justice," he said.
Macias called it an "abuse of power involving Sheriff (Joe) Arpaio and other zealous prosecutors."
Before the arrest, sheriff's deputies visited the shelter several times for welfare checks, entering the house and taking pictures of the conditions with Habener's consent. According to sheriff's reports, deputies reported feces on the ground of the shelter and inadequate food, water and shade. After each visit, deputies explained to Habener what they saw and that "per Arizona law the dogs require necessary water and shelter." Deputies usually made follow-up visits.
After the fourth visit, Habener asked if the deputies would return and they replied, "Everything is OK unless we get more complaints."
Friend and supporter Linda Trexler said she let Habener watch her dog and feels she had the shelter under control.
Since the trial began almost two years ago, the prosecution dropped the felony and all but 16 misdemeanor charges. Currently, Habener is not allowed to walk dogs on leashes or care for any animals except for her two horses. When the animals, including her own five dogs, were seized, Habener fought to regain custody of them, but lost. She later won an appeal, which she will pursue when her criminal case has concluded.
Habener is due back in court on Monday and Tuesday.
"It's been real tough financially," said Habener, who has since sold one of her houses and is cleaning houses part time. "But the hardest part was coming home to empty crates and no animals."
The Sheriff's Office denied further comments while the case is ongoing. | Source: azcentral.com - Feb. 25, 2011
Update posted on Feb 25, 2011 - 8:21PM |
The owner of a Phoenix animal rescue shelter now faces new counts of animal abuse.
Diane Habener will be charged with 142 counts of neglect, abandonment and other charges after investigators found dozens of dogs and cats living in terrible conditions on her property.
Many of the healthier animals are now residing and being cared for at the downtown jail. | Source: AZ Family - Nov 19, 2009
Update posted on Nov 20, 2009 - 11:34AM |
References« AZ State Animal Cruelty Map
« More cases in Maricopa County, AZ
|
