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Barb

posting from
http://www.itchmo.com/another-.....a-dog-1077

SSPhilips says:

October 18th, 2007 at 5:34 pm
Press Contact:

Phil West, Luminaria Media & Public Relations
512.945.7493, philwest@gmail.com

FOR IMMEDIATE RELEASE: September 27, 2007

NEW ORLEANS DOG OWNER TO APPEAL TEXAS RULING
DENYING RETURN OF HER COCKER SPANIEL

Austin-based attorneys hope to reunite woman with dog lost in Hurricane Katrina

(AUSTIN, TX) – Lawyers representing Shalanda Augillard, the New Orleans-area woman who lost her fight to have her dog returned to her in a Hays County court earlier this summer, have announced they are appealing the District Court’s ruling. This is the first case that has gone to trial in which an owner of a dog lost in Katrina was denied the return of her pet.

Augillard said, “I put my faith in the justice system, and it failed me. I know without a doubt that the dog in Texas is Jazz. I love my dog, and all I want is to bring Jazz home.”

This is the latest chapter in a two-year ordeal for Augillard, who was separated from her cocker spaniel named Jazz in the chaos ensuing from Hurricane Katrina in 2005. Her parents, who were taking care of Jazz while Augillard was working at FedEx, were ordered to leave Jazz behind by the National Guard when they were escorted from their dry and undamaged home in New Orelans. After the door to their home was kicked in and their home was vandalized, Jazz ended up at a New Orleans-area animal triage center. From there, Andy Odam, the director of Austin-based PawMatch, took the black cocker spaniel to Texas, eventually leaving her in the custody of Tiffany Madura, who resides in Hays County.

Augillard’s long search for her dog included many trips to Lamar-Dixon, a shelter run by the Humane Society of the United States, where rescued animals were taken for processing. Augillard also listed Jazz’s information on Petfinders.com, the database listing all lost and found animals following the hurricane.

It was truly miraculous that Augillard found her dog. In spite of the protocol prescribed by various animal rescue groups, PawMatch never listed Jazz on Petfinders.com. In December 2005, a woman in Virginia involved in cocker spaniel rescue noticed a picture of a black cocker spaniel on PawMatch’s website and forwarded the picture to Augillard, who immediately contacted Odam to see see the dog. He refused. By that time, the dog was in the custody of
Madura. After continued refusals to visit the dog, Augillard eventually turned to the Texas courts for help. The trial concluded on June 13, 2007.

According to Austin attorney Susan Philips, who represented Augillard in the case, the outcome was incomprehensible, given the uncontroverted and overwhelming evidence that Jazz is indeed Augillard’s dog. who represented Augillard in the case, the outcome was incomprehensible, given the uncontroverted and overwhelming evidence that Jazz is indeed Augillard’s dog.

“A noted DNA expert, Dr. Joy Halverson, testified that, ’with scientific certainty, I can unequivocally say the DNA samples came from the same dog.’ ” Philips said. “At the outset of the case, we were confident that the court would return Jazz to Augillard. We thought that the quickest way to get Jazz home was to file suit in Texas, in Hays County, which is where the dog was being held. Because the judge limited the trial to four hours, we didn’t have the opportunity to present our case. We were stunned by the judge’s decision.”

She added, “Since Jazz is now ten years old, it is imperative that we continue to pursue this case at all levels and hopefully reunite her with Augillard before it’s too late.”

A fund has been set up to support Augillard’s ongoing quest for justice.

Donations may be sent to:

Augillard-Jazz Reunification Fund
Wells Fargo Bank
Account # 1482693908
1601 West 35th Street
Austin, TX 78703

Timeline of Events

August 27, 2005
Shalanda Augillard leaves her home in Kenner, La., and takes her eight-year-old cocker spaniel, Jazz, to her parents’ home on A.P. Tureaud in New Orleans. She is on her way to work at FedEx and knows it will be a long shift as they prepare for the hurricane. Jazz frequently stayed with the Augillards when Shalanda worked at FedEx at the New Orleans airport. Even though the family initially considered evacuating New Orleans, as they and many New Orleanians had done many times before, they decided to stay because they did not want to leave without Shalanda. However, they did move their vehicles to higher ground and made sure they had adequate supplies.

August 28, 2005
After working through the night, Shalanda gets off work early Sunday morning and goes home to pack, then goes to her parents’ home. They spend the afternoon making sure they and their neighbors and friends are prepared. Shalanda leaves to take some supplies to a friend west of them and then is unable to get back to her parents’ home because a curfew had been put into effect earlier than expected.

August 29, 2005
In the very early morning, Hurricane Katrina makes landfall just east of New Orleans. Within hours, the first of many levees break and parts of the city begin to flood. The Augillards’ home sustains little damage and no flooding. Phone service is disrupted, and the Augillards are not able to contact each other.

August 29 -September 1, 2005
The Augillards provide a refuge for neighbors, several of them elderly people with no families.

September 1, 2005
The National Guard evacuates the family. As Shalanda’s mother tries to board the boat with Jazz in her arms, the Guard orders her to leave the dog behind. She places Jazz in their second-floor apartment with lots of water, food, and access to a well-ventilated porch, thinking they will return soon. CBS reporter John Roberts is on the boat with the Guard.

September 1, 2005
Shalanda succeeds in contacting her parents and learns that they were forced to leave Jazz behind.

September 8, 2005
FedEx, which never suspended operations, sent teams to survey hard-hit areas to determine the most efficient way to continue service. Shalanda, as a FedEx employee, is assigned to survey the area in which her parents live and goes to her parents’ home. The door has been kicked out, the home has been ransacked, and the building has been marked with the date of September 7th . Jazz is not in the apartment.

September 9, 2005
Shalanda makes the first of many trips to Lamar-Dixon, a shelter established by the U.S. Humane Society, to look for Jazz, who needed her medication for a thyroid condition. She inputs all of Jazz’s information on Petfinders.com.

September 11, 2005
Andy Odam of PawMatch and Thomas Darnell of Rivers & Reefs leave Austin with a truckload of supplies to assist in animal rescue after Katrina. They are told by a representative of the Louisiana SPCA that they must deliver the supplies to Jefferson Feed Store, an official animal triage shelter operated by the Louisiana SPCA to process animals. The store was staffed by many volunteers, including veterinarians and veterinary technicians.

September 12, 2005
A black cocker spaniel appears at the Jefferson Feed Store Charlotte Lily, a rescue worker, remembers seeing the Jefferson Feed Store Charlotte Lily, a rescue worker, remembers seeing a black cocker spaniel with a group of other animals who had been rescued from the Augillards’ neighborhood. The spaniel had been examined by a veterinarian and had documentation attached to her crate. No one reported seeing any other cocker spaniels that day.

September 12, 2005
After being told not to remove any animals from the Jefferson Feed Store, Odam transports a black cocker spaniel to Austin in violation of protocol established by the U.S. Humane Society for dealing with animals displaced by Katrina.

September 12, 2005
Jennifer Hays, then a PawMatch board member, posts information about the black cocker spaniel on the PawMatch blog before Odam returns to Austin, stating that he is bringing a cocker spaniel with him and that sponsorships benefiting Jefferson Feed Store will be available. In an earlier posting, Hays stated that PawMatch is a 501(c) (3) organization, which it was not.

September 13, 2005
The PawMatch blog recounts Odam’s return to Austin with a black cocker spaniel. Odam later stated in his deposition that he took the dog so that he could provide her immediate medical care and so that he could put a face on his rescue efforts. A picture of the dog appeared on the blog right above a PayPal button.
September 14, 2005
Andy Odam and PawMatch place the black cocker spaniel in foster care with Catherine Danie of ARF, an animal rescue group, in Wimberley. At the time of placement, Odam had not provided any medical care for the dog.

September 15, 2005
Another ARF volunteer takes Jazz to veterinarian Dr. Thomas House at San Marcos Veterinary Clinic. Dr. House exams Jazz and determines that she has numerous health issues that are all treatable. His tests indicate that her urine contains triple phosphate crystals and that she is heartworm NEGATIVE. He suspects that she has bladder stones and that she is hypothyroid. The ARF volunteer declines any further treatment.

September 19, 2005
PawMatch posts that the cocker spaniel needs a new foster home.

September 25, 2005:
Tiffany Madura agrees to foster the black cocker spaniel.

September 28, 2005
Madura takes the dog to Dr. Barrett Donop at Oak Springs Veterinary Hospital in Austin. The dog had received no veterinary care in the interim. If this is Jazz, she has now been without her medication (for thyroid problems and urine crystals) for almost a month. Dr. Donop says that there is no evidence of stones. He does not check her thyroid.

November 2, 2005
The dog undergoes surgery for removal of bladder stones at Oak Springs Veterinary Clinic.

December 27, 2005
A tip from Barbara Cotters from Virginia leads Shalanda to the PawMatch web site, which has a photograph of a black cocker spaniel on the home page, along with a link to contribute to PawMatch through PayPal. Shalanda notices that the dog has white markings on her mouth that are very similar to Jazz’s distinctive white markings.

December 27, 2005
Shalanda contacts Odam, who refuses to let her see the dog.

January – April, 2006
Shalanda continues her attempts to persuade Andy Odam to allow her access to the dog on his web site. She provides the medical records that she was able to retrieve from Jazz’s veterinarians (their clinics had been destroyed by Katrina) to Louisiana Deputy Attorney General Mimi Hunley, who tries to negotiate a meeting between Augillard and Odam. Odam cuts off contact with Hunley.
March, 2006 – May, 2006
Many people involved in animal rescue throughout the United States try to arrange a meeting between Shalanda, Odam, and Madura. It is later learned that Madura used at least three different user names to post information discouraging the return of the cocker spaniel to anyone; under one of those names, she asked Barbara Cotters to remove all of the information she posted on her website about the PawMatch cocker spaniel, contending that the dog should not be returned. Some rescue people contacted attorney Mimi Smith, in Alpine who coordinated the initiation of legal proceedings.
May 5, 2006
Shalanda obtains a temporary restraining order from the District Court of Hays County to have the cocker spaniel removed from Madura’s home and placed in a kennel at Augillard’s expense. Mimi Smith and Austin attorney Susan Philips, brought in by Smith as local counsel, meet with a Hays County constable who instructs them on the procedure to be followed in enforcing the court’s order. The constable and a deputy remove the dog from Madura’s home and her property and then transfer her to Smith. A confused-looking and apprehensive dog immediately begins wagging her tail and wriggling when she is called “Jazz.” , With the constable leading the way, Smith, and Philips, drive the dog to where Augillard, her mother, and a friend were
waiting. Before the car stops, with the windows and doors still closed, the dog starts barking frantically and charges out of the car the moment the door is opened. She runs in circles around Augillard and her mother and friend, all of whom have tears running down their faces. For the first time since the hurricane, Shalanda is allowed to see the black cocker spaniel. She, her mother, and her friend positively identify the dog as Jazz.

They then drive to a nearby kennel, the constable still leading the way, with Jazz riding in Susan Philips’ car, pursuant to the court order and Augillard behind in her car. When Augillard gets out of her car at the kennel, Jazz jumps in and takes her place on the center console, where she always loved to ride. Shalanda lifts Jazz out of the car and says it would be too painful to spend any more time with her, thinking that she would be taking Jazz home on May 16, after the hearing for the preliminary injunction. Shalanda then prepays the kennel costs
while Mimi Smith stays with Jazz. Shalanda, her mother and her friend then begin the drive back to New Orleans.

May 5 -30, 2006
Jazz is held at a kennel at Shalanda’s expense.

May 16, 2006:
The first of two parts of the preliminary injunction hearing is held in San Marcos in front of Judge Bill Henry, and Shalanda is in attendance. The temporary restraining order is extended two weeks after the hearing is cut short due to an infestation of tropical mites in the courthouse.

May 30, 2006
When the preliminary injunction hearing resumes, Judge Henry is not available. Because Augillard has again traveled to Austin and is eager to take Jazz home, she agrees to a visiting judge, Judge Paul Davis, who is unfamiliar with the case. This hearing is also cut short due to the mite infestation. The Court denies Shalanda’s motion for a preliminary injunction and orders, among other things, that Jazz be returned to Madura because the judge does not want her to have to stay in a kennel any longer. He orders the parties to arrange for DNA
comparison testing and to return to the court once the results are received.

June 2, 2006
Two sweaters and a hairbrush belonging to Jazz are sent to Dr. Joy Halverson, a veterinary geneticist at QuestGen Forensics in Davis, CA. Dr. Halverson is a nationally respected DNA expert who performs DNA tests on dogs to verify pedigrees for the American Kennel Club and provides court testimony in human criminal cases.

June 7, 2006:
Dr. Halverson reports that even though she found hairs on the sweaters, there is inadequate amplification. She does, however, find a serum exudate encrusted at the base of the bristles of the brush that yields adequate DNA. She then requests a reference sample from the dog in Texas.

June 13, 2006
Attorney for Madura files a motion for a protective order, arguing that Jazz should not be made available for DNA sampling because Augillard, Philips and Smith had access to her on May 5, 2006.

June 15, 2006
Even though Judge Davis had ordered the DNA testing, an additional hearing is required to compel Madura to produce the dog for DNA sampling. Judge Henry orders the defendants to produce the dog within one month; Shalanda is at the hearing.

July 14, 2006:
DNA samples are taken from the cocker spaniel by Thomas Beckett, DVM, in the presence of Dr. Donop at Oak Springs Veterinary Clinic . The samples were sealed by Dr. Beckett in the presence of Dr. Donop and Susan Philips. The envelopes were signed by both Dr. Beckett and Dr. Donop and sent to Dr. Halverson. Once more, Shalanda makes the trip from New Orleans to Central Texas.

July 19, 2006:
Dr. Halverson concludes that the samples from the hairbrush are from the same dog that the samples were taken from in Texas, stating that “with scientific certainty, I can unequivocally say the samples came from the same dog.”

August 8, 2006
A hearing is held to determine if the Court would allow Dr. Halverson to testify by telephone. The request is denied. Shalanda attends the hearing.

September 28, 2006
Dr. Halverson is deposed in Sacramento, CA.

October 19, 2006
Dr. Halverson travels from California to testify at a hearing regarding the DNA test results. Shalanda comes from New Orleans to attend the hearing. Both are present in the courtroom when the hearing is canceled. The clerk reschedules the hearing for December 12.
December 12, 2006

Dr. Halverson and Shalanda again travel to Austin for another hearing to introduce the DNA results by testimony from Dr. Halverson in order for the Court to reconsider its decision of May 30, 2006, which returned Jazz to Madura.. Dr. Halverson testifies that “typically, when we have a 17 marker DNA match in a case, the likelihood ratio exceeds a trillion. It’s a trillion times more likely that the match occurred because the DNA came from the same dog as that it came to happen by random chance. Later on in the report, further on, I actually did the calculation, and the number gets –– the actual number is much higher … ten to the 16th, which is a quadrillion or something like that. In a nutshell. it means that to a very, very, very high degree of scientific
certainty the samples match because they came from the same dog.” Judge Henry makes no findings, denies the request that Jazz be returned to the kennel pending trial, and orders the parties to seven hours of mediation.
January 17, 2007
The parties mediate for four hours.

February 14, 2007
The parties mediate for an additional three hours but do not reach an agreement.

March 2007
To provide even more proof that Jazz and the dog in Texas are the same dog and to refute the vague inferences that samples had been tampered with, AKC records are obtained by subpoena of all of the litters born to the mother of Jazz. A half-sister of Jazz who was born a year after Jazz from a different sire is found in Virginia. Dr. Halverson compares the DNA from the Virginia dog with the DNA of the Texas dog and determines that they, too, are both related to the same female.

April 2007
Laura Maloney, director of the Louisiana SPCA, writes to Andy Odam, requesting the immediate return of the cocker spaniel he removed from Jefferson Feed Store in violation of established protocol. Odam never responds to that letter.

June 12-13, 2007
Trial is held in Hays County District Court in San Marcos before Judge Henry. The parties are limited to a total of four hours for the trial, and Shalanda’s attorneys are unable to call eight of her witnesses. Dr. Halverson was present and repeated her testimony from December.

June 29, 2007:
Judge Henry faxes a letter to counsel stating that the Court renders judgment in favor of Madura. No explanation is provided.

July 20, 2007
Judge Henry releases his findings of fact, contending that the testimony of Augillard’s witnesses was not credible and alleging that the DNA evidence had a “high potential for tampering” even though no evidence of tampering was ever introduced.

July 30, 2007:
Susan Philips files a motion for a new trial.

September 17, 2005
Shalanda’s attorney files a notice of appeal.

Thanks for sharing that video. Too bad Tiffany won’t watch it and have any compassion or any feeling for what Shalanda has been put through.

http://www.youtube.com/watch?v=uuuz84A3ma0

Not trying to upset anyone here but I would like to know how DNA proof of ownership would change the minds of those who still believe justice was served. Breaubridge, what would be your take?

Read about “Hope Floats” rescue in the link below
(who names a dog Hope Floats unless perhaps you want to use it as a fundraiser then adopt it out to a friend)

Hope was taken early on in the rescue by a man delivering supplies who was not there to rescue pets and against the direction and laws set by Doctor Littlefield of the Louisiana State Veterinarian’s office for rescued pets leaving the state. They did not let her go through the check in process and instead took her out of the state illegally.
They called her their little hitchhiker on their blog.
Jazz was taken from La around Sept 11, 2005

scroll down to 11/2/2005 posting

http://web.archive.org/web/200.....match.org/

As for chipping don’t count on that being a safeguard for people who had an attitude about returning Katrina pets. A lost Katrina Cocker/poodle mix was found with the matching original owner’s chip number listed on petfinder and they still refused to return the dog to the owner, even denying it was her dog and not posting a picture of the dog there. They put the chip number on petfinders thinking it was the chip given at Lamar Dixon to all pets coming in. Even when confronted with proof of ownership thru a chip number they denied it was her dog and hung up on the owner. Only after lawyers from both sides were brought in did they agree to return the dog but not before making an offer to buy the dog, which the owner turned down flat. That is my baby she told them!

There were many compassionate and legit rescuers there who did follow the laws and gave the people a chance to find and be reunited with their pets and they are to be rightly praised for the heroes that they are.
The people on the coast went through a disaster never seen before in the United States. Don’t be responsible for more misery to human beings who have lost so much.
Jazz was found before Christmas 2005 by that time the adopter only had her for a few months unlike the owner who has had Jazz for 9 years and the owner had her spayed and on Thyroid med’s long before ever being rescued.
Madura worked in reuniting pets, so she had to know Hope was never listed on petfinder. She was found by accident on the man’s web site. There were numerous pictures of her on that web site easy for the owner to identify her dog. One of her standing up getting a bath looking perfectly healthy.
Common sense tells us Hope Floats is Jazz why would the owner want an old dog that has medical issues and fight for over a year in the courts to get her back if Hope Floats were not her dog Jazz? Because it is her baby!
There are too many black Cocker Spaniels needing rescued right now, even in the state of Texas, Tiffany should go save one of them from being PTS and return Jazz to her rightful owner. I would not wont to be responsible for the misery of another human being who is suffered such a great loss.
As for the rest of us pet owners, do you really want people coming in and taking pets out of a disaster area without following laws and regulations? Not me, this was not a stray dog on the streets, it was a rescued dog from a house with plenty of food and water left.
If a disaster should hit your area and other people judge you unjustly as an unfit owner you may never see your pets again if this is allowed to stand.

If the DNA evidence were proven, then there would be no question it was the same dog, yet that question remained, so there was obviously an issue with the evidence.

Madura could have been a hero…helped a hurricane victim get reunited with her long lost pet. Apparently they both love the dog since they’re spending so much on attorneys. At lease I hope Madura loves the dog and there is no other motive here. Yet, doing the right thing came and went for Madura. She opted for low road instead. And I find that both disturbing and disgusting.

Go for the appeal Shalanda. Please don’t give up.

But you don’t want to know about the 13 year chipped dog I found–chip had NEVER been called in. Or all the New Orleans tags that were NEVER called in despite the fact that there was a working phone to a man who ’saved’ the database within weeks of Katrina. Or all the animals that were immediately adopted–as early as 10/16/05 some shelters told owners their pets were adopted and goodbye! Some shelters actually offered money to owners to leave their pets with adopters–nobody ever took them up on it but there were owners had to pay thousands of dollars to adopters to get their pets back! And then there are the countless of animals simply euthanized cause they were too old, not pretty enough, didn’t like to be caged, were too scared… Those are the untold stories…

As for Jazz–no city can or should ever be called racists! But individuals do open themselves up to those kinds of accusations if they hurl racial epithats! And DNA did prove the dog was Jazz. It remains a mystery on what basis the judge made his decision. His lack of legal rationale left a lot to the imagination but he will be forced to issue that rationale in writing within a few weeks…

yes of course it’s important to know the facts and I have rarely been let down by the itchmo posters pooling info and pointing people in the right direction to find more.

deej