Linda Kapsa, the Ballantine dog breeder charged with aggravated animal cruelty, has threatened to file a lawsuit against Yellowstone County if officials don't provide her with information about the welfare of the dogs seized from her kennel.
In a letter dated May 1 and received by the county on Monday, Kapsa's attorney, Elizabeth Honaker, demands answers to 26 questions regarding the seizure and treatment of English shepherds and other animals seized in December from Kapsa's Shady Lane Kennels.
The questions range from information about the death of chickens taken from Kapsa to the number of puppies born since county authorities seized nearly 200 dogs. Kapsa has been charged with two counts of aggravated animal cruelty, and her trial is scheduled in District Court on July 13.
"While I realize that you have attempted to keep this information out of the public eye, I believe it does not constitute criminal justice information," Honaker said in the five-page letter addressed to Deputy County Attorney Ingrid Rosenquist, who is prosecuting the case against Kapsa. "However, in the event Ms. Kapsa is unable to informally obtain this information from you, we will presume that you have no intention in cooperating in providing this information to Ms. Kapsa, and she may have no alternative than to file suit in order to obtain it."
Kapsa said Monday she is most concerned about how her animals have been treated while under the care of county employees and volunteers.
"Absolutely," Kapsa said when asked if she is prepared to file a lawsuit if the county does not respond to her information request. "This county shouldn't have ever screwed with me again."
Kapsa said she is especially upset about how her animals were treated "after the media left" her property on Dec. 30,when the county served the second search warrant that month and seized nearly 200 dogs and some chickens.
The letter asked the county to confirm that between 47 and 51 animals have died since they were seized and whether there were any dogs injured during the raids "by choke poles, whips, farming implements, dragging paws across the snow and ice, by a stun gun, and/or any other source in the county's control."
The letter also demands to know if a dog was shot and killed during the second raid, and if tranquilizers were used.
"These people all need to be charged with animal cruelty," Kapsa said in a phone interview Monday.
The letter sets a May 11 deadline for the county to provide Kapsa with the information.
Rosenquist, a criminal attorney, declined to comment Monday. A civil attorney for the county, Kevin Gillen, also declined comment on the letter.
Kapsa's criminal trial was originally scheduled to begin Monday, but it was delayed recently at the request of her court-appointed attorney. Deputy Public Defender Moira D'Alton said in a court brief that the delay was needed so a psychiatrist could complete his work to determine if Kapsa is competent to stand trial.
Most of the seized dogs are being held at the MetraPark grounds. Officials have estimated the cost of caring for them so far at more than $75,000.
In court records, prosecutors allege authorities found about a dozen dead dogs at her kennel, and many others were malnourished and neglected. Kapsa has also been charged with four related misdemeanor charges.
In February, the county filed a civil action against Kapsa seeking to force her to post a bond to help pay for the care of the seized dogs. That effort ended in March when the county filed a motion to dismiss the action. The county's motion said that the cost related to caring for Kapsa's animals would be resolved in the criminal case.
Honaker represented Kapsa in the civil case. Although the case was dismissed, Honaker said Monday that Kapsa remains her client.
Posted in Local on Tuesday, May 5, 2009 12:00 am Updated: 11:36 am. | Tags: Linda, Kapsa, Shady, Lane, Kennels
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