Four legged friends (and enemies): norwegian spets

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Saturday, December 24, 2016

Michigan: After dog hoarding / animal cruelty case falls apart, prosecutors take what they can get: one year of probation for Lynn Higgins and Michael Higgins, who were cruelly confining more than 100 animals in their feces and urine-filled home

MICHIGAN -- One of the largest animal welfare cases in recent St. Clair County history ended Friday as Michael and Lynn Higgins each pleaded guilty in circuit court to misdemeanor charges.

The Higginses, of Cottrellville Township, pleaded guilty during a status conference to failure to provide adequate care to three dogs. Judge Daniel Kelly sentenced them each to one year of probation and $500 fines.

“No matter how well intentioned you were, the sheer number of animals ... was outrageous and very troubling to anyone concerned about animal welfare,” Kelly said before sentencing the couple.

The Higginses had been charged with abandonment of 10 or more animals, a four-year felony, after 98 dogs and three cats were removed on June 14 and 15 from their residence.

ANIMAL ABUSERS ALLOWED TO CONTINUE TO OWN ANIMALS
As a term of their probation, the Higginses will be allowed four animals — a service dog for Michael Higgins, a dog for Lynn Higgins, a cat that is being housed at St. Clair County Animal Control and a horse that is being boarded.

The couple also will be subject to random monthly inspections by St. Clair County Animal Control, which in effect will act as their probation officer.

“I don’t think these are people who will intentionally violate the terms,” Kelly said, “but we need assurances it will not happen again.”

Kelly had ruled in November that searches of the Higginses’ property violated Lynn Higgins’ constitutional rights.

Lynn and Michael Higgins had no comments after Friday’s hearing. Lynn Higgins’ lawyer, Allen M. Wolf, said they were satisfied with the agreement.

“We believe justice has been served,” he said. “These people are good people. They love animals.”

Wolf said Lynn and Michael Higgins are animal lovers and that Lynn Higgins had competed successfully as a dog trainer and breeder.

“None of these animals were tortured or beaten or emaciated,” he said. “All the animals were sheltered, fed and watered.”

Allen Wolf is a liar. He is only saying this because he was given a fat check by Lynn Higgins. Money she obtained by breeding dogs in horrific conditions and then selling off their puppies.

I dare Allen Wolf to go and spend just one night in this feces and urine-filled condemned home.

Randy Martinek, lawyer for Michael Higgins, said he was pleased about the misdemeanor plea.

The dogs that were seized in June were taken in by animal control and by animal rescue groups. Fourteen of the dogs were euthanized at animal control after showing symptoms of parvovirus.

(Detroit Free Press - Dec 9, 2016)

Earlier:

Michigan: Animal cruelty case against dog hoarders Lynn Higgins and Michael Higgins falls apart as judge throws out most of the state's evidence

MICHIGAN -- A judge has ruled searches of a Cottrellville Township couple's home and property were done illegally during an investigation into dog hoarding.

Circuit Judge Daniel Kelly also denied the prosecution's motion requesting additional charges be brought against Lynn Higgins.

Kelly ruled in an opinion that St. Clair County Animal Control Officer Ken Jewell and Deputy Marcus King violated Lynn Higgin's Fourth Amendment rights.

Judge Kelly states Animal Control Officer Jewell's June 13 walk into the Higgins' back yard was nothing more than a "technical trespass" — it was just to see if someone was home.

WAS CLEAR CONSENT GIVEN TO ENTER THE HOME?
On June 14, Jewell made contact with Michael Higgins. According to Wolf's motion, the couple stated the officer needed a search warrant to enter the home. During preliminary examination on July 13, Jewell testified he "came to an understanding" with Michael Higgins that he could enter the home without a warrant.

Judge Kelly decided that while Michael Higgins consented to allow Officer Jewell into the home, Lynn Higgins had initially said no. The judge said while her husband consented to the search, it didn't make it legal.

"The law is clear that Mr. Higgins' grant of consent does not outweigh Mrs. Higgins' express denial of consent. Therefore, ACO Jewell's search of the home and loft on June 14, 2016, violated Mrs. Higgins' Fourth Amendment protection against unreasonable searches," the opinion states.

Kelly ruled Lynn Higgins' rights were again violated June 15 when Deputy King performed "a warrantless investigatory walk around the house." Judge Kelly believes Deputy King's purpose for entering the property on June 15th was "for the unlawful purpose of gathering evidence without a warrant."

The judge further ruled that evidence obtained with a subsequent search warrant can't be used at trial because the evidence used to request the warrant came from an illegal search.

"Defendant's motion to suppress is granted as to all evidence and observations obtained as a result of ACO Jewell's warrantless searches on June 14, 2016, and June 15, 2016; Deputy King's warrantless search on June 15, 2016; and the invalid warrant obtained on June 15, 2016, by Deputy King," Kelly wrote.

The judge also stated in the opinion the Higgins' consent June 15 was not voluntary.

"The court is not persuaded that Mr. and Mrs. Higgins' consent was not made under duress or the product of actual or implied coercion. By the time the Higgins consented on June 15, 2016, their rights had already been violated multiple times, officers had been present on Mr. and Mrs. Higgins' property for three days in a row, and the Higgins' were told that a search warrant was being processed. Reviewing the totality of these circumstances, it is apparent to this court that is more likely that Mr. and Mrs. Higgins consented to the search and seizure on June 15, 2016, because they felt backed into a corner and had no other option," Kelly wrote.

Lynn and Michael Higgins were both charged with abandonment of 10 or more animals, a four-year felony, after 98 dogs and three cats were removed from their residence at 7585 S. River Road in Cottrellville Township.

Lynn Higgins has a jury trial scheduled for Dec. 13.

Her lawyer, Allen Wolf, said he's waiting to hear from the prosecutor's office on how the case will proceed and to determine exactly what evidence will be allowed. He said Jewell's observations on June 13 were not ruled out by the judge.

"We're very pleased with the judge's opinions," Wolf said.

Michael Higgins pleaded guilty to the charge Nov. 14 and is scheduled for sentencing Dec. 19.

A call to the prosecutor's office was not immediately returned.

The dogs were taken in by the county animal control as well as rescues throughout the country. Fourteen dogs were euthanized at animal control after showing symptoms of parvovirus.

WHO IS KAREN RIGGIN?
These are comments that were left online about the Higgins' dog hoarding case. However, what caught my eye is Karen Riggin's comments. She seems to have been somewhat involved in the placement of some of the dogs after the seizure, but certainly doesn't have much good things to say about the case, the seizure, the shelter or the placement of the dogs. In fact, she flat-out says the animals were "not cared for at the prosecuting shelter".

She says she was working with the Higgins "prior to the seizure". In what capacity? Was she buying dogs from them? Did she know the horrific conditions inside the home?

She complains that the shelter opted to use local rescues over her -- maybe because they found out she had a 'relationship' with the Higgins and were worried she would turn right around and hand the dogs back to them if she got possession of them? Or maybe the shelter insisted that all the dogs be sterilized and she didn't want to do that? Who knows? Riggin doesn't bother to explain what exactly her involvement was before the seizure.

It appears that she is a breeder ("I am very excited to announce this pending litter. This litter is the product of four friends who have worked together for years, Ch. Iseyjar Mjoll is co-owned with me by the Runestone Icelandics sisters Elaine Mozur and Dolores Porrino, and Astvinur Imaldur I co-own with Hrafna Icelandics Karen Riggin."). In 2013 she was on the board of the National Icelandic Sheepdog Rescue Alliance.

Barbara Barham - It is good to see a judge stand up for the 4th Amendment. Hope this works out for the animals.

Karen Riggin - The animals, with the exception of the ones that got parvo and were not cared for at the prosecuting shelter, are taken care of

Karla Brewster - Karen Riggin, still not legal to make an end run around the law. Why not go in with food and medication and help....spay/neuter? Rather than strong arm?

Karen Riggin - I was just addressing the status of the animals.I fully support the judge's decision. I was involved with the rescue effort that helped keep some of the dogs out of the shelter by working with the owner prior to the seizure, then worked to do our best to help shelters that were given dogs information on the breeds, took dogs that got parvo and is still watching because we worry that there were uneducated placements from some of the shelters and groups that the seizing shelter opted to work with over breed rescues. The first dogs that came out were voluntary releases to a local group and a breed rescue, then things went south.

Karen Riggin - I did what I could, less than had I been local. There were many people who helped - it was a community effort that spanned the country. The heavy lifting happened locally. The dogs were largely in good shape.

We would prefer to see attempts to help rather than jump to seizures. We also offered educational help to shelters/groups that were adopting out dogs from this situation as the breeds are not on most people's radars and have some traits that can make them a challenge. Being rebuffed on that was frustrating; we will continue to watch for dogs being rehomed as both breeds can be very vocal as it is part of what they do in the jobs they were bred for.

(Times Herald - Nov 30, 2016)

Earlier:

Friday, October 21, 2016

Michigan: Animal hoarding trial for Lynn Higgins and Michael Higgins has been postponed

MICHIGAN -- The trial for a husband and wife charged with animal cruelty after more than 100 dogs were found in their Cottrellville home has been postponed.

The trial was scheduled to begin Monday but was moved to make room for an evidentiary hearing that will decide if evidence taken from Lynn and Michael Higgins' home will be included at trial.

The Higgins are being represented separately but are facing a joint trial on charges of the abandonment or cruelty of 10 or more animals, a four-year felony, after St. Clair County Animal Control seized more than 100 dogs and three cats from their home at the 7500 block of South River Road in June.

On Oct. 17, Lynn Higgins' attorney Allen M. Wolf argued five motions before the case goes to trial. Circuit Court Judge Daniel Kelly postponed the trial for two of Wolf's motions, setting an evidentiary hearing for Thursday to decide what evidence will be presented at trial.

CURTILAGE, 4TH AMENDMENT AND PLAIN VIEW QUESTIONS
Lynn Higgins requested to suppress evidence recovered from her home on June 13 and 14, when animal control Officer Ken Jewell investigated complaints about the condition of the home. The motion stated Jewell did not obtain a search warrant, but looked through the windows around the front, side and back of the home, observing multiple dogs in the house.

WAS CLEAR CONSENT GIVEN TO ENTER THE HOME?
On June 14, Jewell made contact with Michael Higgins. According to Allen M. Wolf's motion, the couple stated the officer needed a search warrant to enter the home. During preliminary examination on July 13, Jewell testified he "came to an understanding" with Michael Higgins that he could enter the home without a warrant.

Granting a motion to suppress evidence requires an evidentiary hearing. Kelly wrote that the court is required to hold the hearing before it is able to examine "the totality of circumstances surrounding the contested search and seizure."

Wolf also filed a motion of limine, which prevents certain information from being presented at trial. The motion was to exclude Jewell's "opinion testimony" delivered at preliminary exam. The attorney said Jewell was allowed to make editorial comments during his testimony, such as about the condition of the home and dogs, that should not stand at trial.

"All these opinions were done without any foundation in reference to any testing he did to make these determinations," Wolf said Oct. 17. "We're assuming that if he testified that way (during preliminary exam) he will testify that way during trial. Based on the testimony it's all non-expert opinions."

In his response, Kelly wrote he will rule on this motion after the evidentiary hearing, at which Jewell will likely testify on the motion to suppress.

Kelly denied Wolf's motions for bill of particulars, which addresses the "vagueness" of the charges. Kelly said Lynn Higgins is sufficiently advised of the charges against her.

A motion to quash information was also denied. Wolf argued the law which Lynn Higgins is charged under is "unconstitutionally vague," because the definition of "sanitary conditions" of where the animals are kept is not clearly defined. Kelly disagreed.

"The term 'sanitary conditions' sufficiently provides people of ordinary intelligence with notice of what conduct the statute prohibits," he wrote.

HUSBAND AND WIFE BLAMING EACH OTHER
Lastly Wolf filed a motion to separate the trials of Lynn and Michael Higgins, as they would be antagonistic because in court he will try to push the blame on Michael Higgins.

"(Lynn Higgins) claims that her defense at trial will be that Mr. Higgins was tasked with certain duties involving the animals in question and that (he) failed to complete these duties, resulting in whole or in pertinent parts," Kelly wrote.

He ruled that the Higgins will be tried together because their charges and evidence against them are nearly identical. Michael Higgins' attorney did not file any motions.

Considering Michael Higgins is the only one with a full-time job, one that requires him to travel for business, I would say Lynn Higgins is the one who is more to blame for the conditions in the home and the cruelty inflicted on the animals. Not that he's not guilty, too, but she is MORE guilty than he, IMHO.

(Times Herald - Oct 21, 2016)

Earlier:

Tuesday, October 18, 2016

Michigan: Accused dog hoarders Lynn Higgins and Michael Higgins to face trial Oct. 25

MICHIGAN -- A Cottrellville couple charged with animal cruelty has filed a motion to throw out the testimony of a St. Clair County Animal Control officer before heading to trial.

Lynn and Michael Higgins are both charged with abandonment or cruelty of 10 or more animals, a four-year felony, after more than 100 dogs and three cats were removed in June from their home at the 7500 block of South River Road. They appeared in court Monday for a plea and motion hearing.

Though being represented separately, both Lynn and Michael Higgins did not enter a plea and were not offered any plea deals. Their trial is scheduled to begin Oct. 25.

Senior Assistant Prosecutor Melissa Keyes did not offer them plea deals because of what they are being charged with.

"This is a case where theoretically they could have been charged with multiple counts of the same charge, but we chose not to do so," she said. "That was kind of the bargain they received up front. It's my understanding that neither defense attorney was interested in pleading."

In five motions filed Oct. 7, Lynn Higgins' attorney Allen M. Wolf asked to suppress evidence seized during animal control's June 13 and 14 visits. Her attorney also asked the court to hold an evidentiary hearing to discuss animal control's entry to the Higgins' home and the absence of a search warrant.

Lawyer Allen M. Wolf's five motions included a motion to suppress evidence, motion to quash information, motion for bill of particulars in order to clear up what part of animal cruelty laws she is being charged with; motion to sever a joint trial between Lynn and Michael Higgins and a motion to limine, which prevents the prosecution from presenting certain evidence at trial.

Wolf's request was to have an evidentiary hearing, which would clear the air on what information is going to be presented at trial, he said.

Most of Wolf's motions have to do with the preliminary examination testimony of animal control officer Ken Jewell.

REASONABLE SUSPICION
On June 13, Jewell received instruction to investigate the Higgins home after a complaint about constant barking and an odor coming from the home.

Before this visit, a motion says, Jewell did not obtain a search warrant. He went to the home where no one was present and looked into the front door window, where he saw a large number of dogs. He then walked to the side and back of the home, seeing more dogs. Jewell then posted a 24-hour warning notice on the residence, asking the Higgins to contact him "so no further action is necessary."

PROBABLE CAUSE
During his visit on June 14, Jewell made contact with Michael Higgins. According to the motion, the couple stated the officers needed a search warrant to enter their home. Jewell said that he would request a warrant.

During a preliminary examination on July 13, Jewell testified that he and Michael Higgins "came to an understanding" that he could enter the home without a warrant.

Keyes wrote in response to the motion Michael Higgins voluntarily consented to Jewell entering when he relinquished the dogs in a written statement.

"However, Office Jewell was only able to get a few feet inside of the home before he was confronted with 30 aggressive dogs," she wrote.

When he did enter, Jewell found incriminating evidence, including a strong odor of animal urine and feces, dogs covered in urine and feces, seeing feces on the walls, dogs in cages and crates and dogs roaming free. The same day, he and two sheriff deputies seized 22 dogs.

On June 15, Jewell returned to the home to see if any dogs were still at the house. He testified he had seen more dogs in the house, and then was instructed to apply for a search warrant, which was granted.

NO OBJECTIONS MADE BY ATTORNEY DURING EARLIER HEARING
In court Monday, Wolf said Jewell was allowed to make editorial comments during his testimony that would not stand in trial. However, the attorney did not object to the testimony at preliminary exam, Judge Daniel Kelly noted. Jewell made comments about the condition of the Higgins home and dogs, saying they were stained with urine and feces, and the floor had a spongy feel due to being soaked with urine.

"All these opinions were done without any foundation in reference to any testing he did to make these determinations," Wolf said. "We're assuming that if he testified that way (during preliminary exam) he will testify that way during trial. Based on the testimony it's all non-expert opinions."

Wolf also suggested that if the Higgins' trial cannot be separate, there could be a separate jury, as the defendants will be antagonistic during trial. This is because, Wolf said, Michael Higgins was tasked with keeping sexes and breeds of dogs separate and taking excess animals to a shelter or selling them.

"My client is going to have to say negative things about her husband," he said. "As much candid I can get with the court, the finger will be pointed at (Michael)."

Randolph Martinek, Michael Higgins' lawyer, presented to motions at Monday's hearing.

MICHAEL HIGGINS' ARRESTS AFTER THE RAID
According to court records, Michael Higgins is also charged with larceny stemming from two incidents at VG's Food Center in Marine City. On Sept. 16, he was caught stealing steaks, and on Sept. 25, he attempted to steal batteries, said Marine City Police Chief Jim Heaslip. Michael Higgins was arraigned Oct. 11 and stood mute. He is scheduled for a preliminary exam on Nov. 2 and is no longer allowed to enter the store.

Lynn Higgins has no prior criminal record.

Kelly said he would issue a written opinion on the motions filed, and the original trial date still stands.

(Freep - Oct 17, 2016)

Earlier:

Friday, July 15, 2016

Michigan: Animal Control officer describes the filth Lynn Higgins and Michael Higgins are accused of forcing more than 100 animals to exist

MICHIGAN -- A St. Clair County Animal Control officer testified Wednesday he found a Cottrellville Township home in June filled with dogs and covered in animal waste.

“There was a strong odor of animals, urine, feces. It was all over, it was up along the walls,” said Kenneth Jewell, during the preliminary examination of Michael and Lynn Higgins.

The couple were bound over to circuit court following the hearing in front of District Judge Michael Hulewicz.

Lynn Higgins and Michael Higgins are charged with abandonment or cruelty of 10 or more animals, a four-year felony, after more than 100 dogs and three cats were removed from their home in June in the 7500 block of South River Road.

“This was a residence, a home for human habitation. This was not some type of building or facility that was meant to house a large number of animals,” Hulewicz said. “The pictures (submitted as evidence) show absolutely filthy, terrible conditions.

“It would be problematic for humans, and it certainly was not an adequate situation for the number of animals involved here.”

INITIAL INVESTIGATION
Jewell testified he first approached the home June 13.

He described it as a “normal” residence at first, but after getting closer could smell a strong odor of animals. He could see and hear a large number of dogs, with no evidence that any animals were ever let outside. He said he could also see feces and dirt smeared on the windows of the home.

All the things described by Officer Jewel give him probable cause. Facts and circumstances that would cause a reasonable person to believe that a crime has been committed, is being committed or is going to be committed. Based on these observations - garnered in plain view aka where he had a legal right to be [which was based on a complaint of "numerous dogs barking and a noxious smell coming from the home] - he could get a search warrant.

Unable to make contact with the homeowners, Jewell left a warning notice. Michael Higgins contacted him later that day, he said, scheduling a time the two could speak at the home June 14.

GETTING RID OF THE EVIDENCE
When he met with Michael Higgins at the house, Lynn Higgins had loaded some dogs in the car, and said she was taking them to a rescue. Michael Higgins said he had taken nine dogs to the St. Clair County Humane Society earlier that day. Though he told the court he was working to get a search warrant, Michael Higgins let Jewell in the house, where he said he was greeted by about 30 dogs.

Jewell left that day with 22 dogs. When he returned June 15, animal control left with 38 more dogs and three cats. Though he said the dogs did not seem malnourished, he was concerned about the sanitary conditions of the home. Jewell said all the animals removed were stained yellow from urine and some had feces caked into their fur.

Throughout his interactions with the couple, Jewell said they were very concerned the dogs would be euthanized, making them hesitant to surrender the animals.Fourteen of the dogs have been euthanized after showing symptoms of parvovirus. Others have been adopted and are doing well.

After the hearing, Hulewicz amended Michael Higgins' bond, so he can travel out of state for work, as his consulting job is the couple’s only income. Lynn Higgins still may not leave the state.

A circuit court arraignment date has not been set.

(Freep - July 15, 2016)

Earlier:

Friday, June 17, 2016

Michigan: 98 dogs, 3 cats taken from Lynn Higgins' and Michael Higgins' house in St. Clair County

MICHIGAN -- More than 100 animals were removed from a Cottrellville Township home Tuesday and Wednesday — 98 dogs and three cats.

The case remains under investigation, with the township office determining possible code violations, the county health department investigating, and the prosecutor's office determining possible criminal charges.

Deputies and animal control officers responded to the home in the 7500 block of South River Road after a neighbor complained about foul odors and non-stop barking coming from the residence.

Twenty-two dogs (mostly Norwegian Buhund, Norrbottenspets and Norwegian Spets mix) were removed from the home by animal control on Tuesday.

The homeowners - Lynn Higgins and Michael Higgins - on Tuesday turned over 23 dogs to a Colo.-based Norwegian Buhund rescue, which arranged temporary housing for the animals throughout Michigan. Another nine dogs were turned over by the homeowners to the St. Clair County Humane Society.

On Wednesday, deputies and an animal control officer returned to remove the remaining dogs. The residents refused to allow entry and a search warrant was issued. A total of 38 dogs and three cats were removed.

It was also discovered that the homeowners had given up six dogs to the Blue Water Humane Society before deputies returned, according to a statement from the St. Clair County Sheriff Department.

“Inhumane conditions,” said St. Clair County Sheriff Tim Donnellon, “they were running free on the first floor of the home – so they weren’t crated, they basically had the whole run of the first level of a small house, where the husband and wife lived upstairs in a bedroom. Now, they were not without food or water but they were covered in feces and urine — they were unsanitary.”

The animals were in overall good physical condition, however they were covered in feces and urine, according to the sheriff department. The animals all had free run of the house - [but were obviously mostly kept locked inside the home, which then filled with feces, urine and dangerous levels of ammonia]. It's said that the Higgins were breeding dogs, selling puppies, showing dogs and also supposedly involved in rescuing dogs.

The sheriff's office had said in a Facebook post: 'According to the Animal Control Office, the pair [of homeowners] moved [to Michigan] from Colorado in hopes of breeding and selling the dogs.'

The animals will be evaluated for adoption or rescue.

(Freep - June 17, 2016)

Earlier: