Court hears canine
welfare caseThe humane society wants
assurance that dogs returned
to Lucy Kagan are cared for
The Hawaiian Humane Society went to court again yesterday to try to track down some of the dogs returned to Lucy Kagan after they were discovered in squalid conditions in her burning Hawaii Kai townhouse.
At issue is the condition of six of 14 dogs returned July 29, more than three months after 27 dogs and two cats were removed from her townhouse by humane society officers.
Under an agreement between the humane society and Kagan, the dogs would be released to her if she complied with certain conditions: that the dogs be kept at a Waimanalo home where she said she was moving and was inspected by the humane society, that humane society inspectors be allowed to check the premises and the condition of the dogs at their discretion and that the animals be provided adequate and necessary care.
Kagan's attorney, Scott Strack, says the humane society is harassing her and will not let up despite Kagan repeatedly telling them where the dogs are.
"They're like pit bulls -- they won't let go," Strack said. "We've accounted for all animals to the best of our ability."
Humane society officials deny they are harassing Kagan and only want to determine that she has sold the animals and no longer has them.
"We're concerned about how they are being cared for," said Linda Haller, director of shelter operations. "If she sold them all, we want to make sure in fact that happened."
Jan Futa, the humane society's attorney, said they tried to follow up information provided by Kagan's attorney about the ownership of the six dogs but have not received cooperation from the new owners.
The society proceeded with its motion for an injunction because Kagan has not lived up to the agreement, Futa said.
At yesterday's hearing, Kagan said she never agreed to the conditions and that the humane society has made it impossible for her to comply.
She said she never moved into the Waimanalo home because the landlord changed his mind about leasing her the place after humane society investigators harassed him.
During questioning by Futa, Kagan said she has been instructed by her psychiatrist not to rehash the trauma of having her dogs seized.
At one point Kagan refused to continue answering questions, saying she felt as though she was suffering a heart attack.
"I'm starting to feel nauseous. ... I can't ... I'm under medication, I cannot continue," she said, adding that the court would be held responsible if she suffered an attack.
By the end of the hearing, Kagan had confirmed the whereabouts of the six dogs in question, one of which was sold but was reported as a runaway by its new owner.
The hearing is expected to resume tomorrow.
Prosecutors are reviewing possible animal cruelty charges against Kagan, said Jim Fulton, a spokesman for the prosecutor.
Kagan said she has not done anything wrong.
"There was no cruelty," she said.
