NH woman who had 84 Great Danes seized from 'deplorable' home asks for control over dogs
OSSIPEE — The Carroll County Superior Court is holding off on issuing a relief injunction for the woman who had 84 Great Danes seized from her Wolfeboro mansion.
Police and animal welfare workers took the 84 European Great Danes from Tina Fay's home in June after receiving a tip from a 16-year-old worker that the dogs lived in deplorable conditions.
The Wolfeboro Police Department charged Fay with two misdemeanor counts of animal cruelty, with more charges reportedly coming.
Since the seizure of the dogs, Attorney Kent Barker said The Humane Society of the United States has failed to keep Fay informed about the Great Danes who are being kept at an undisclosed location.
"It's clear under the United States and the New Hampshire constitution that these animals are our client's property," Barker said.
District court, which is handling the criminal case, has allegedly not given Fay or her attorneys any direction when it comes to the dogs. According to Barker, they have not been told where the dogs are being held, who is caring for them, whether or not they can be used for advertising or fundraising purposes, or what financial arrangements were needed for where they are being kept.
The attorneys turned to Superior Court for a hearing after allegedly receiving a lack of results from district court. Following the filing, the attorneys received an order from district court about a conference being held Sept. 6 regarding Fay's case.
“If we can get the relief that we need in district court, we just assume do that; however, we're asking for injunctive relief between now and whenever the district court acts," Barker said.
- Fay's attorneys are asking for:
- No more surgeries for the dogs after finding out through the media about surgeries being conducted.
- Access to the dogs to find out what kind of shape they are in and if they've been getting their medication as they suffer from specific conditions.
- Find out if any dogs have died after allegedly finding out that two passed away in the care of the HSUS. The HSUS could not confirm this allegation as the criminal case carries on.
He also argues that there are parts of the case that need to be addressed. According to Barker, police and animal welfare workers entered the mansion before Fay or her workers had a chance to clean out the dogs' pens and before officers took pictures of them. They then allegedly allowed the dogs to run through their own feces.
“These are facts that will come out of the time of the criminal trial, but between now and then – we don’t know when then’s going to be – we are asking that she either can have her property back or at least have some knowledge of or control of what happens to them,” Barker said.
Judge Amy Ignatius did not believe that it was appropriate to move this issue to superior court at this time, saying that the district court should have jurisdiction to solve it. She did hold a motion to dismiss the injunction in the event that the case moves from district court to superior court.
"We’re pleased with the decision that the case has been dismissed at this time," said Lindsay Hamrick, state director of The HSUS. "We just want to reassure the public that these animals are being cared for every single day by our expert animal rescue team and under the guidance of veterinary professionals."
Due to the criminal case, Hamrick could not go into specifics about allegations made in the court room or if the HSUS feels Fay should have some type of control over the dogs. She did, however, say the dogs are improving overall from their initial conditions when seized.