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1.21.2007

ER - Trinity County Animal Control warned of dogs' plight since 2005

Trinity County Animal Control warned of dogs' plight since 2005
by Heather Muller , 8/18/2006

As far as shocking discoveries go, this one doesn’t look like much.

It’s a copy of a two-page letter addressed to Trinity County Animal Control Officer Christine Edwards and printed on the letterhead of Eureka legal firm Morrison, Morrison & Cooper.

But its contents are explosive.

“I have been upset about the condition of these dogs since March of 2005,” said Allison Jackson, a Eureka attorney who provided the document to The Eureka Reporter.

Jackson became angrier when she learned that 13 dogs, some barely alive, were rescued last Friday from the former Mad River property of Roberta Bugenig, who is serving a 16-month prison term for her role in a two-day armed standoff with Trinity County Sheriff’s Deputies attempting to evict her from the property.

The land where the surviving dogs were found — along with dozens of dead dogs, many of which appeared to have been eaten by the survivors — had been the subject of civil litigation, and Jackson had represented a client with a tangential interest in the case.

But Jackson’s anger turned to what she called “complete outrage” when she read in Thursday’s paper that Edwards had denied ever having been notified of concerns about the animals housed at the Bugenig residence.

“Christine Edwards is lying,” Jackson said. “I personally had numerous conversations with her begging her to take control of these animals. Begging her.”

Jackson said her pleas for intervention dated back to March of 2005.

“I had so many phone calls with her I’ve lost count.”

And she had something more.

The letter she provided to The Eureka Reporter, dated Nov. 3, 2005, asserted the legal firm’s belief that the animals were not being cared for.

“We believe they were abandoned by the former occupant of the property, Roberta (Kiki) Bugenig. Alternatively, they have been abandoned by the persons who now claim to be the owners of the animals, John and Stacy Malcolm.”

The letter continued, “There are serious problems with the health and well-being of these animals. It is imperative that a report to the District Attorney and to the Sheriff be made for their protection. As it is your duty to oversee Trinity County’s animal protection services and to make and file such reports, it is respectfully demanded that you cause both to occur immediately.”

On the same day, a similar letter was sent by certified mail to the Malcolms, stating that they, too, had abandoned the animals.

Both letters were signed by Daniel Cooper, a partner in the firm and the attorney of record for Humboldt County Public Guardian Ramon Herrera, who was the legal owner of the property.

Jackson said that when Edwards told her Trinity County lacked adequate staffing and resources to remove so many animals, Jackson suggested that she contact surrounding jurisdictions for assistance.

“But she refused,” Jackson said. “She flat-out refused.”

Officials from the Trinity County Sheriff’s Office confirmed Thursday that the county is actively pursuing multiple felony animal cruelty charges against John and Stacy Malcolm.

But anyone wanting to point fingers in this case is going to need a lot of them.

By most accounts, the animals were only sporadically cared for after March 2005, when the eviction occurred.

As previously reported in The Eureka Reporter, Bugenig was released on bond and was on and off the property through March 2006, when she was remanded.

By then, the Malcolms had assumed legal ownership of the animals, which at one time included several horses and sheep, in addition to an unknown number of dogs.

The letters show that Trinity County officials were informed, and Herrera, the legal guardian of the property, already knew about the condition of the animals by November 2005.

But there is no evidence to suggest anyone did anything to intervene on the dogs’ behalf until Aug. 11, when U.S. Forest Service law enforcement agent Steve Frick and Shannon Miranda, owner of Miranda’s Animal Rescue in Fortuna, rescued the surviving animals.

Of the 13 dogs, one could not be saved, and a second may have to be euthanized.

“He just went insane,” Miranda said. “He was ramming his head into the side of the stall, and I couldn’t get him to stop.”

Miranda said he is sedating the dog, but if that doesn’t work he’ll have to be put down.

“I sat with him last night and tried to soothe him, but he’s pretty far gone.”

When the dog was rescued from the Mad River property, Miranda said, it had been locked in a kennel with five dead dogs.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

Related Stories:
Two mass dog graves discovered near Mad River 8/16/2006
Trinity County Animal Control warned of dogs' plight since 2005 8/18/2006
"Dogs seemed fine," Animal Control Officer Edwards says 8/18/2006
Defense attorney says John and Stacy Malcolm not to blame for abuse of dogs 8/18/2006
Dogs' condition consistent with starvation, report states 8/20/2006
Death toll rises in Mad River dog deaths 8/22/2006
IN THE 'INTERESTS OF JUSTICE'? 8/23/2006
Evidence mounts in animal abuse case 8/24/2006
Report details 'horrific' conditions 8/26/2006
Community responds to dogs' abuse by donating to rescue 8/27/2006
51 CHARGES FILED IN DOG CASE 8/30/2006
National Animal group challenges Gallegos over abuse case 8/30/2006
National, international animal groups weigh in on abuse scandal 8/30/2006
ER Editorial - Specious arguments
8/30/2006
78 additional felonies charged in Mad River dog abuse case 9/1/2006
Malcolms 'walked through' arraignment 9/2/2006
When law enforcement fails, 'vigilantism' sometimes needed 9/4/2006
Third suspect in dog case arraigned 9/7/2006
Mad River dog abuse case suspect speaks out 9/9/2006
Hearing set for Mad River dog suspects 9/14/2006
Dog suspects head for trial 10/13/2006
Code addressing animal abuse requires low burden of proof 10/16/2006
Animal abuse linked to serial killings, needs to be addressed 10/16/2006
Gallegos says he will not file felony in Bugenig horse case 10/21/2006
If Lucky had been seized, perhaps he would have survived 10/23/2006
Original owner of Mad River dogs released from prison 11/1/2006
Malcolm attorney requests charges be dropped 12/13/2006
Defendant in Mad River dogs case accepts plea deal 8/20/2007

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