Kagan ordered
back to court to
account for dogsThe Hawaii Kai woman
misses her deadline to provide
the animals' locations
A Hawaii Kai woman will have to explain to a judge Monday why she failed to provide detailed information about the whereabouts of 14 dogs that were returned to her July 29.
Circuit Judge Eden Elizabeth Hifo gave Lucy Kagan until 5 p.m. yesterday to turn over the names, addresses and contact numbers of the individuals she has turned over or sold the dogs to or else face the court at a 1:30 p.m. compliance hearing Monday.
Eve Holt, Humane Society spokeswoman, said they will return to court because the information Kagan provided was late and incomplete.
"The information we received raises issues which we feel should be brought before the court," Holt said.
Kagan is under investigation by the Hawaiian Humane Society after the agency seized 27 dogs and two cats discovered on May 7 at her Hawaii Kai condominium by Honolulu firefighters responding to a kitchen fire. The animals were living in close quarters littered with trash, feces and roaches, fire officials said.
CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
Lucy Kagan appeared in court yesterday and failed to provide detailed information about the whereabouts of 14 dogs that were returned to her July 29. Kagan will now face a compliance hearing on Monday.
Hifo's order was in response to a request by the Hawaiian Humane Society for a temporary restraining order against Kagan to find the dogs so they can be retrieved. The humane society alleged that Kagan violated the terms of an agreement that called for her to move out of her original residence and allow the agency to inspect her new home and the animals.
Despite three visits to the Waimanalo home, humane society inspectors found no dogs and no Kagan, said Linda Haller, director of shelter operations at the humane society. The agency had initially inspected the home and found it adequate.
"We wanted to give her a chance, and she promised us conditions had changed," Janice Futa, attorney for the humane society, said outside the courtroom. "Unfortunately, she didn't live up to that agreement."
Attorney Scott Strack, who was retained just recently by Kagan, did not respond to questions after yesterday's hearing.
He had argued in court that the humane society has no legal basis to "simply snatch back the dogs" and that its request for information about the animals' whereabouts was moot because they no longer belong to Kagan and have been placed with other individuals.
Four of the dogs are being cared for by others, and the remaining 10 have been sold, Strack said.
After the animals were initially seized May 7, 10 were reclaimed by Norman Texeira, who claimed to be Kagan's boss. Others have since been claimed by their owners, and one died of a deformity.
The humane society was willing to release one of the remaining dogs, which was a pet of Kagan's son and was ill. But Kagan wanted all the dogs, not just one, Futa told the judge.
The humane society agreed to return the remaining animals -- 11 dogs and three Maltese-mix puppies -- only upon conditions agreed to by Kagan through her former attorney, Futa said.
She said the humane society was lied to and deceived by Kagan. "We're quite concerned about the welfare of any animal released to her," Futa said.
Hifo had said that if Kagan did not comply with her order, she will revisit the humane society's request for a temporary restraining order on Monday.
Criminal charges of animal cruelty are still pending against Kagan, said Haller. "We've looked at the evidence, and we now believe we will be pressing charges soon."
