WITNESSES:
-Sgt. Chad Langdon, from theLiberty County Sheriff's Department, was the first state witness. He was the local sheriff assigned as the point person for the dogs. He is the person who got Sgt. Timmers of the Houston Humane Society (HHS) involved in the case. He investigated the dogs on the Weigner property as a part of Mr. Weigner's murder.
-Sgt. Timmers, a licensed Peace Officer employed by HHS as a cruelty investigator. He testified as follows:
-That the dogs on chains were standing in water, mud and their own feces.
-That fecal matter was in the paws of these dogs
-About 50-60% of the 285 dogs were staked on chains in a field
-The dogs had 55 gallon drums elevated off the ground used for shelter for these dogs
-That is was over 100 degrees when they were seizing the dogs
-That a treadmill w/chains was found and also a water tank. He testified that these were equipment that dog fighters use. On cross, he admitted that the
Dog Whisperer, Cesar Millan, uses treadmills and pools to exercise his dogs
-Some of the dogs he said were aggressive and around 12 had to be sedated to remove them
-He testified that the dogs were being cruelly treated
-He said they had no problem with the wife of Thomas Weigner, Julie Laban, during the seizure and that by agreement with the local sheriff, Ms. Laban was allowed to pick four of the pit bulls to keep, which she did
-He asked Ms. Laban for vet records proving Rabies vaccination but she could not produce them. However, the records were seized by police investigators. While she could not produce the records, she didn't say they weren't vaccinated. There was no evidence one way or another that whether the dogs had their Rabies vaccinations
-He made records of the dogs which included 145 females, 72 males and 68 puppies
-154 dogs were chained in the field, 108 in kennels in the back of the house and 23 were in the house
-When asked, "If a pit bull has been bred to fight can they be rehabilitated for pets?" His answer was, "No."
`
-Timothy Harkness, DVM, a Vet for HHS, who inspected the dogs during the seizure. He testified as follows:
-Went with Sgt. Timmers to oversee the general conditions of the dogs and puppies and to sedate dogs that were aggressive
-Said the dogs had mud and fecal matter in their fur
-Some were tangled in their chains
-Said there was a smell of feces and urine
-Tested the puppies for worms and they had tapes, hooks and giardia.
-Said there was sand and debris in the fecal matter of the dogs on location leading him to believe that their food was thrown on the ground
-They had large pails for water and there was green algae in some of them
-Testified that the dogs were being treated cruelly
-When asked, "If a pit bull has been bred to fight can they be rehabilitated for pets?"
His answer was, 'No."
- On a follow up question from the wife's lawyer, he further stated that, "Dogs bred or trained for fighting aren't suitable for pets."
DEFENSE WITNESSES:
None. The attorney for the wife wanted a
continuance, alleging that any witnesses had been intimidated by what was in the press about anyone claiming these dogs might face criminal charges. He said that HHS had denied him access to see the dogs and that he wanted to see them and have them seen by a vet to prepare this case.
JUDGE PHIL FITZGERALD'S ORDERS:
1. Denied the defense's request for a continuance.
2. Determined that the dogs were being treated cruelly.
Then he said he needed to decide on the disposition of the dogs. He recalled Timothy Harkness, DVM to the stand. He asked Dr. Harkness at what level of maturity can a puppy bred for fighting be rehabilitated. Dr. Harkness stated, "Six months." The Judge asked him if he could determine which puppies were less than six months old, and Dr. Harkness said, "Yes."
Judge Fitzgerald then made the rest of his Orders:
3. All puppies and dogs greater than six (6) months old will be disposed of by the HHS and will be euthanized.
4. All puppies less than six (6) months old will be sold at a public auction.
5. All puppies not sold at the auction, wll be put up for adoption.
The judge was asked about spaying and neutering of the puppies so he further
ruled:
6. All puppies will be sold in the condition that they are in.(My comment: that means dogs that are NOT FIXED will be put up for auction. Who will buy these dogs that are fully intact? I fear irresponsible breeders will..)
APPEAL:
Pursuant to
Sec. 821.005 of the Health and Safety Code:
-Only the selling of the puppies at public auction may be appealed
-The order awarding all dogs over the age of six months to be euthanized
by HHS may not be appealed
-The owner has ten (10) days to appeal and must post a bond for the care
of the dogs
Your Comments..
ANY comments with profanity will be deleted as soon as I find them, and your IP address will be banned. If you can't make your point without cursing, you don't have any business posting.
Good Evening:
I believe the Judge is correct.
Any person bidding for more than one pup can probably be identified as a fight trainer. So, I would expect them to be absent.
If I were engaging in an illegal activity, I would not draw attention by buying any of these animals.
Have a good evening.
radrabbit
--Posted by: radrabbit at July 6, 2007 2:50 AM
Love me, love my dog. Sarah.
--Posted by: Sarah at October 27, 2006 1:13 PM
Murder!!! Not important? But the fact that the owner must have be doing illagel activities since he owned Pit Bulls. Pit Bulls Make News!!
When asked, "If a pit bull has been bred to fight can they be rehabilitated for pets?" His answer was, "No." That is a Media statment if one looks at the days of old in Dog Fighting you dind not teach a dog to fight it was in there Heart/Desire
and breeding those dogs together made for a stronger Fighter "Still Not Proper" Those today who breed for fighting are not teaching them to be fighters they are teaching People aggression!
Back in the Old Time if a dog ever!!!! showed aggression to a person/child the dog was killed and any offspring were also killed. Its today that people do wrong not the Breed."Dogs bred or trained for fighting aren't suitable for pets."
That is not true completly it really depends on how the dogs were breed/trained and socialized.
any true breeder of fighting dogs will tell you they are not guard dogs and they can be stolen by anybody. The True PitBull is just like any Mother/Father they will be social with anybody around the family but if you act wrong the will react,No different then people But many of the bad folks of our world create a bad dog.Ive been running a Rescue for AMPT and AMST along with Rotties/BullDogs. Ive recived many of them from the courts and owners who know longer can have them,Ive had Fighters and Lovers and the Fighters have to be Single family pets if they have no people aggression and Lovers need educated owners to deal with those uneducated around them.
I wish the best for the family at this time.
--Posted by: UsaForever at September 26, 2006 12:10 AM
geez..a murder has been committed, and yes the dogs are a large number, there are several things WRONG here! first off, there should be more on the case and investigations of the murdered victim and focus to the grieving family. also did anyone ever think that maybe the family would want to have a say over what happens to the dogs that thier loved one had collected? i didn't hear anything on that either? did they want them auctioned off? are they recieving funds for this to help costs of funerals and financial burdens? or is this a way for the state to get money for themselves? then the intact of dogs-NOT SPAY/NUETERED! oh please! i would be in huge trouble for adopting an intact dog, there is huge push for spay/neutering nationwide, due to over populations of unwanted animals, and yet, its ok for this large number of puppies to just go off and make babies when they mature, and add to the already troublesome needs of the pit bull dogs prejudices/bans/death tolls, its hard enough to place the unwanted ones, without thinking of the future destroyed animals that will come out of this stock of dogs in 6 months!!! my heart goes out to those that lost thier loved family member and i am so sorry for this added terrible situation that they are suffering today too.
--Posted by: kindle gonzales at September 22, 2006 10:11 AM
I find it interesting that the authorities focus their atttention on the dogs and not the murderers responsible for this ordeal. Because the authorities have no clue as to who committed the murder, they will, in turn, propogate lies and try to substantiate that crimes were committed by the deceased. The only crime committed, next to Tom's murder, is what the authorities are trying to get away with. That is, lie about the care and condition of the animals and use the media as a tool to justify their bureaucracy. Here's an idea, let's try and do this like they do it in the movies. Attention authorities: Go find the bad guys responsible for the murder. Julie and her family are without their loved one and should be afforded compassion and the assistance of the authorities to bring the murderers to justice. However, that is not likely to sell newspapers or get the media coverage they are looking for. Our deepest and sincerest condolences go out to Tom's family. He was obviously an animal lover.
--Posted by: Dan at September 21, 2006 2:02 AM
Justice of the Peace, Phil Fitzgerald made this Order and he is an elected official. I don't know if he is up for re-election in November or not, I'm trying to find out, but if he is I hope the good citizens of Liberty County will see fit to vote him out of office.
--Posted by: Claudia at August 22, 2006 2:17 PM
Being an avid Pit Bull ambassador I must say that the decision handed down by the court system in this case was a tremendous set back for the breed and showed poor judgement ultimately resulting in future problems with breeding for the purpose of fighting! Shame on the decision makers for making such incredibly uneducated and irresponsible "auction" orders.
--Posted by: Tricia at August 21, 2006 3:45 PM
I posted a comment earlier and didn't realize it would be for all to see. I thought it was just for the news staff at KHOU-TV. I put my phone numbers on the posting and would like for you to take the phone numbers off that appeared under my name. Thank you for your help with this matter.
--Posted by: Marilyn Shoemaker at August 21, 2006 1:12 AM
I am very interested in this story because my family and I believe that the man who owned 6 pit-bull/rottweiler dogs that killed my mother on November 26, 2005 was using his dogs for illegal dog fighting! He would brag to people how he used his dogs for fighting. Then his dogs killed my mother while she was gardening in her own front yard.
Marilyn Stiles Hampton Shoemaker
512-635-4612 or 512-339-2335
--Posted by: Marilyn Shoemaker at August 21, 2006 1:10 AM
The people representing the sale of the house to Tommie knew of his plans for the property and did not reveal of the water problem. Tommy had never lived anywhere where this was a problem and was not aware of it. Tommy had contracted with a fence builder to put in raised concrete pads with fenced kennels. Julies legal counsel knows who this and is in contact woth him for obvious reasons.
The state of Pa. made Tommy remove his wooden houses and replace them with barrells.
it was over 100 degrees for everyone and there are lots of dogs kept outside in Texas.
These dogs had two workers who cleaned, fed, walked the dogs 10 hrs. per day. Tommy and Julie continued the care to midnight, seven days per week.
Anyone who knows anything about dogs know that dogs react to oders. This is why his pet little attacked the intruder to be shot and this is why Tommy's dogs were upset, they knew the family was in peril. The trainer of my dog who trained police dogs taught me. Qualified handlers, trainers, and vets know this. Any of these who do not proclaim this are not qualified or are lying.
Julies parents just took care of the dogs while the family was on vacation, they were on vacation themselves and did not know the dogs.
These dogs were not treated cruelly, this is a lie. the dog who was shot I have pictures of that dog climbing on my Mothers 77 year old lap. My Mother played with all of Tommy's dogs and Tommy wopuld not allow any attack dog to be close to his Grandma.
I do admit there are only a few people with the talent to rehab a bad dog. There is a lady in Texas who is known to do this, and tommy can do it. You are the reporter you should be able to find others who have this talent.
Tommy did adopt strays and one dog that had been mistreated and was mean. He told me to stay away from it that julie did not even go near it. Six months later he asked me to watch and care for his dogs while he took the family on vacation. I asked him about that bad dog and he told me not to worry, the dog was fine now. Fourty five years ago as a seven year old I was mauled by a German Shepard trained to attack. I was in surgery for three annd one half hours and have relived the ordeal ten times a day for the past fourty five years. Just telling you this brings a sweat to me, I remember being in his mouth him twiling me. Tommy would not have allowed me to be near his dogs if any of them were bad: both for my sake and the sake of the dogs. If one dog showed any aggression to me I would have called him off vacation and left the property and he knew this. I took care of his dogs including the one he broke of its problems and for the first time in fourty five years I can look at a dog without terror. Tommy's dogs did this for me and he told me they would. There is no evidence One of Tommy's dogs were ever in a fight, he loved his dogs too much.
Algie in the water is a lie, the workers gave them fresh water several times per day, I saw that.
Tommy was a collector and he told me five years ago when I asked him were not 20 dogs enough, his response was that he wanted to have the biggest and best collection of dogs in the country. I now here this to be the view of most dog men.
The dog who alerted Tommy of the intruders was a non pittbul named walmart. This was a stray who Tommy saw abanded at walmarts and after three days took him home and put him in the front yard away from the other dogs. That is why he is named walmart. He would rather give this dog a new home rather than see it walking the parking lot day after day. You can continue to sensationalize tommy's murder or tell a litlle of the truth and true side of him
Joe
--Posted by: Joe Franciscus at August 20, 2006 3:00 PM
these dogs need to be fixed!!
--Posted by: Sheila at August 18, 2006 10:49 AM
