June 16, 2005

A Hutchinson County judge has ruled that 67 dogs taken from a Dimock breeder are to be auctioned to cover the cost of their care, a decision that upsets many animal rescue groups.

Sioux Falls,SD,USA

"I think it's outrageous," said Susan Battista of Almost Home Canine Rescue in Madison, who was present for the ruling. "It has the potential to put (the dogs) back in the hands of their abusers."

Lawyers for breeder Marcia Lee and the Sioux Falls Area Humane Society and the Hutchinson County state's attorney are exploring an alternative to Circuit Judge Glen Eng's ruling. If an option can be agreed on it will be presented to Eng for review.

On March 2nd an anonymous tip had led authorities to Lee's home, where they found the dogs living in their own feces and in cases without ventilation.

The dogs, including dachshunds, Westies, Yorkies, papillons, Maltese, Shih Tzus and shelties, were rescued by the Humane Society, which had placed most in foster care.

In May, a jury found Lee guilty of two counts of inhumane treatment of animals and two counts of allowing an injured or diseased animal to suffer. She faces up to four years in jail and a $4,000 fine when sentenced on July 25th.

Neither Roth nor Suzanne Zutter, executive director of the Humane Society were expecting the judge to make the rulling of auctioning the dogs. Roth says there is nothing forbidding Lee from bidding on the dogs and regaining custody.

Julie Lavin, founder of Almost Home Canine Rescue, said she is upset that the dogs might be auctioned.

"I would've liked to see them given to the Humane Society, have them spayed or neutered and given to loving homes," she said and continued that foster families wanted to adopt the dogs and could have paid an adoption fee to offset costs.

"I hope a better solution can happen for these dogs than an auction," she said. "The dogs deserve better than what they've been through."

During last week's hearing, Eng inquired about the cost of caring for the dogs. Zutter said the Humane Society's bill was $29,000.

The Humane Society has been charging Hutchinson County a flat rate of $250 a day for all 67 dogs, which the usual fee is $10 daily per dog. The county, in turn, would seek reimbursement from Lee.

"It's not about the money but about the dogs," Zutter said. "Our main objective is to get these dogs in safe and happy homes. We want these dogs to be companions and not breeding pets."