12/02/05
Brief note to those of you who don't know why you're reading this, because you don't care about animals: Aside from all the animal suffering, which is the most tragic part of all of this- this tragedy affects ALL of us, because it's costing us ALL money. Our taxes pay the Animal Control Officer. Our taxes are going to pay for the DA's office to prosecute. Our taxes are going to pay the judges and their assistants. Our taxes paid for the courthouse, and all the utilities and supplies that keep it open. And who do you think is going to pay for all those public defenders who are defending these people in court? You got it! We are!
This disaster ranks #2 in my list of "Disasters I've Personally Had to Deal With". I believe that before it is all over, I will have spent more volunteer hours on it than I did the Weyauwega Train Derailment, which ranks #1! I am writing this primarily because I care about the welfare of the animals in this county, but also because I know FIRSTHAND how much work it is to clean up after a mess like this. We should not have to do things like this often, and certainly should not have to do it for the same people more than once!
It will come as no secret to anyone who knows me that I don't believe enough charges have been filed against these people yet. I sincerely hope that the DA's office is working day and night to come up with a much longer, and stiffer list....much the same way others of us have spent our days and nights taking care of the many animals that remain in shelters, rescues and foster care, over 2 months after the initial seizure.
It is my opinion that these people fall under the generally accepted definition of "hoarders" as outlined on this website: http://www.tufts.edu/vet/cfa/hoarding/abthoard.htm#A1
Also from the above website: "Animal hoarding is a community problem. It is cruel to animals, can devastate families, be associated with elder abuse, child abuse, and self-neglect, and be costly for municipalities to resolve. Without appropriate post-intervention treatment, recidivism approaches 100%. Increased awareness, leading to more comprehensive long-term interventions, is needed."
"Recidivism approaches 100%". That bore repeating because, in plain English, it means that Niemuths are probably going to do this AGAIN, and it's already started, as they are already in possession of over 30 animals. Which is more than currently have at my house, and I'm fostering 5 guinea pigs and 2 dogs, babysitting 2 dogs, and have 15 animals that belong to my family. Although we have, at times in the past, had more animals staying here, we are all well-aware that 30 animals would stretch the bounds of what we (6 people) can comfortably and properly care for!
Clifford, Brian and Jennifer all were in court today and entered pleas of Not Guilty on all charges. The cases have all been referred back to Judge Huber, Branch III, to be scheduled for Status Conferences.
The ACO still has not been able to do an inspection (through no fault of her own). There has not been time in the scheduling apparently, for her to complete this task. It is imperative that it be done ASAP! That way, if there has been any neglect going on, ADA Fassbender will be in a position to be able to ask that Bond be changed, hopefully to get the animals out of there, and order that they not have any more pending the final outcome of these cases.
Meanwhile, the (hopefully LAST) few guinea pigs are still having babies. There were 5 more born in the past few days. The total guinea pigs taken to the rescue + their offspring is now at almost 170. Thank goodness this was less than we originally feared. Several sows still suspected of being pregnant. There are still over 10 cats/kittens at the Humane Society, 25 hamsters, and 4 cockatiels looking for homes.
Our ACO got over to Niemuth's for an inspection today. There were some direct violations of the Bond orders. They were given fair warning today, and told to come under compliance right away. If they do not, there will be repercussions!
The worst part of this is, it only took them approximately 2 months to acquire 73 animals! They're averaging over one/day. Sickening. At least they're under close scrutiny now, so it's likely they're at least being fed and watered. I also believe it's likely that they are breeding them- so there will be a population explosion at some point.
According to my sources, Clifford, Jennifer and Brian have the following animals:
Clifford:
6 female guinea pigs (4 look very pregnant)
1 guinea pig boar
20 sheep
6 ducks
6 chickens
Jennifer and Brian:
2 dogs
1 ferret
17 hamsters
5 guinea pigs (all female)
4 kittens
There were also 3 rabbits, it's unclear as of right now just WHO they belong to.
If you haven't already written a letter, it's definitely NOT too late. If you already have, you can certainly write again! We need to encourage the DA's office to come down hard on them. It's still not too late for them to file additional charges against Niemuths. We could also encourage them to consider asking the ALDF (Animal Legal Defense Fund) for help in prosecuting these crimes. We can point out the bond violations, the fact that they already have animals they aren't allowed to have according to the Bond posted, the impending population explosion, and the need to get an order that Niemuths not keep ANY animals ASAP. We can implore them to prosecute this to the best of their abilities NOW so we don't end up doing it all over again next year!
We can encourage the Judge to get tough with them and alter the Bond stipulations- specifically to not let them have ANY animals. They misrepresented the amount of animals they had when Bond was initially set, and keep asking that it be loosened up to accommodate animals they have that they're NOT supposed to.
To date, there are still a few cats and dogs that need homes. Approximately 20 hamsters and 40 guinea pigs as well. The birds have gone to a bird rescue- their status is currently unknown.
The next court appearance is scheduled for 1/24/06. Please drop Judge Huber a note before that to let him know how you feel about this case. I've added another article from today's Waupaca County Post, see above. Letters can be seen at this website. If you would like to write, but have no idea what to say, perhaps the letters will help inspire you.
I would like to take this opportunity to heartily thank all the dedicated people who came together to handle this situation and see that the animals were taken care of. Let us hope we will not need to do so again, but try to be ready, just in case!
Court is coming up on Tuesday the 24th, 11:15am, in Branch III. Please try to be there if you can. I will be posting an update here soon after. There are approximately 20 guinea pigs, 18 hamsters, several dogs and a cat looking for a home from the original seizure in October.
Court appearance yesterday: The motion had been made by the Assistant DA Fassbender to consolidate the cases. Some of the attorneys did not want to agree with that at this time. A motion hearing was set for February 9 at 1:30pm. All motions are to be filed within 10 days of yesterday. Talk of the attorneys preparing briefs after that. To this observer, it looks as another month will pass before they decide how the cases will proceed.
Then the subject of bond came up. Judge Huber mentioned how he has received numerous correspondence on this issue. The letters are helping!! Fassbender expressed his opinion that Niemuths should not be allowed to have ANY animals. Judge Huber asked how many animals were currently owned by the Niemuths. No one could answer him. He called a 10 minute recess and directed them to go figure it out. When that was done, Judge Huber said he was attaching the list to their bond, and directed them not to acquire ANY more animals. He further explained that he considered breeding to be acquisition, and that they were not to breed. Some whining/excuses came from the Niemuth side, complaining like they couldn't help animals being pregnant- at which time, Judge Huber told them all guinea pigs should be housed separately, so there would not be any more breeding. All other bond conditions remained the same.
The list of animals:
20 sheep
6 ducks
6 chickens
1 ferret
5 cats
2 dogs
8 guinea pigs
14 hamsters
2 gerbils
also, there are 3 goats, which Clifford indicates are being kept on someone
else's pasture
Now, we're waiting for the Animal Control Officer to go do an inspection. Meanwhile, if anyone happens to witness any of the Niemuths acquiring any animals, please call the Waupaca County Sheriff's Dept. and ask for Jennifer Furman.
Jennifer and Brian's cases have been consolidated and there is a Motion Hearing for them set for March 3 at 1:30pm and Jury Trial dates of March 15 and 16.
Clifford, Sandra and Duane's cases have been consolidated and there is a Motion Hearing scheduled for them on May 12, with Jury Trial dates of May 31 through June 2.
All Court Dates are in Branch III. For the Jury Trials, assuming it gets that far (and at this point, we hope it will), court begins at 8:30am and could go all day. It is IMPERATIVE that the court room is FULL of concerned citizens. This will send a powerful message to the Judge and Jurors!
ADA Fassbender has indicated that he is still considering filing amended charges (he can still add to the list at this point!). Apparently, he is still waiting for the full report from the State Veterinarian for stronger evidence.
The good news: All of the cats and all but a couple of the guinea pigs have found new permanent homes. There are still some cockatiels left at the RoseBerry Bird Rescue, and about a dozen hamsters left at the Humane Society of Waupaca County.
It seems like this will never be over.
Jennifer and Brian Niemuth were scheduled for Motion Hearings today, and instead they ended up presenting their Plea deals.
They are pleading No Contest to counts 1 and 3, which are PTAC charges (Party To A Crime)- one for not providing adequate shelter to a dog, and one for not providing water to a dog. The rest of the charges will be dismissed but read in for sentencing, and the ADA made the point that there were many more charges that could have been entered but weren't.
Jennifer's attorney was pressing hard for the Judge to go ahead with sentencing today. Judge Huber stated his reluctance to do so because of all the correspondence he had received from concerned citizens who he felt would want to know when sentencing would be happening(!!!) (Huge thanks to all of you who wrote. Please consider doing so again! It may not be too late to encourage strong sentencing! Judge Huber is listening!)
The sentence I heard thrown around today was 2 yrs. Probation. ADA Fassbender indicated he was going to ask the Judge to not allow them to have animals. In private conversation with him (Fassbender), I told him of my fears for what would happen to any animals in their possession if they were ordered to not have any-and my next letter to Judge Huber will be addressing that issue. I want to make sure those animals' safety is provided for.
The subjects of Restitution and Ability to Pay will be argued later also. What I'd like to know is- if they admittedly do not have the ability to pay restitution, how can they afford to keep even ONE hamster?
BTW, the max. sentence for these charges would be 9 months jail and $10,000 for Brian and Jennifer (so $20,000 total). This sounds unlikely to happen.
Sentencing for Jennifer and Brian is scheduled for Mar. 28, 9am. Restitution and Ability to pay may be argued at a later date. Anyone anywhere near Waupaca that can make it that day, should. Sitting in court through these proceedings is an interesting experience! And please, write more letters- to Judge Huber, to the DA's office, and to the Newspapers.