For reasons I cannot understand, God has called you home.
I still look for your morning wiggles and your sloppy, happy tongue; I can only hope that the energy and light you brought to my life will spread as far and wide across the universe, as it did for me and in our home.
I know that if I just stop, and think of you: your bounce, your wag - it will still shine all the way from Heaven to warm my aching heart and make me smile.
- Desiree Hedberg.
Update:
The complaint against David Kahn was rejected by the Cal Bar, however, there is room for an appeal, and we have ample evidence of his ethical breaches to bring to that appeal.
Other actions, we are keeping quiet about so as not to forearm anyone.
Every day, we miss her dearly, she haunts our dreams and we wish she was there to bring us all her joy.
It's a New Year, and we're determining not to let Lucy's loss of life be in vain.
We will be establishing a non-profit to create a legal fund for other pet owners who have found themselves in a similar situation. Our 'working name' for now, is:
"Lucy's Pet Amnesty Law Foundation."
I have seen letters in the local newspaper saying that the dog walker is so traumatized that she hasn't walked her dogs since the incident and is only now walking them again.
Fortuntately in this high-tech age, we took the precaution of recording her walking her dogs THE NEXT DAY, and I usually see her walking her dogs when I leave for work.
While I have every sympathy for what she went through on that day, this is also a person who collected a petition to ban ALL pit bulls from Sunnyvale and who stated ON RECORD, that ALL pit bulls should be put down...
It has also come to light that the city of Sunnyvale has chosed to kill just about every single dog involved in any kind of incident - regardless of ACTUAL harm done. Some are simply perceived to be aggressive and have been put down. We heard of a case through Desiree's workmate where her dog escaped thanks to her housekeepers lackadaisical attitude with closing and locking doors. This is while the dog's owner was on her honeymoon.
There was NO incident, yet the dog was impounded and temperament tested, found to be vicious (despite no incident!) and was put down without the owners consent! They took consent from the landlord.
This arrogant disregard for law, morality and simple common-sense is apparently common in small city's throughout California - especially Northern California (so much for the supposed tolerance that is spouted by many Northern Californian's...).
This cannot continue. While we are very much in favor of justice and fair laws, the current implementation is laughable and easily corruptable by small-minded local town officials, who are free to make up their own laws thanks to clauses in the California law that are supposed to promote judicial economy - that is, to reduce the case load on Superior Courts by dealing with things at a local level.
Making draconian laws and decisions that fly in the face of the spirit of the original California law - which is very fair and well drafted - totally makes a mockery of the spirit of the law, and the spirit of judicial economy.
Please do your part by writing to your elected representative and ask them to overturn the clause in the California law that allows city's to totally ignore not only the spirit of the California law, but in the case of animals (which are considered property) to totally fly in the face of The Constitution.
Regardless of the justifications that will be spouted by David Kahn et al in the coming months, the timing of this speaks volumes about the wanton disregard the agents of Sunnyvale have toward their citizens, and the arrogance that they feel they can lie, exagerate and omit - simply to kill a family pet, right before Christmas.
Watch this space. Don't let Lucy's death get you down, let it be an energizing force to stop other families going through this ridiculous pain and suffering needlessly. She is in a better place, away from people like the malicious officers of Sunnyvale, playing with Tommy the Cat, and waiting for us to come join her when it's our time.
CONTACT
On July 30th 2007, Ian Young received the call that turned his world upside down. His dog Lucy had escaped his home and allegedly got into a fight with another dog. The other dog, being a small Chihuahua, lost the battle.
Despite a long history of aggravation and provocation from the Chihuahua not only to Lucy, but to Mr. Young, his son and partner of seven years, Desiree Hedberg, the city of Sunnyvale and the courts of Santa Clara decided that simply ordering Lucy out of the city or declaring her a potentially dangerous dog was not enough.
Lucy has been ordered killed after three appeals.
Lucy has been part of the Young family for six years, and has worked closely with many dogs from foster associations around the bay area, helping shelter dogs to be socialized. She is a doting mother-dog to their 2-year old son Liam and an integral part of the family.
Under California Law, Lucy would be considered a potentially dangerous dog - she would be free to live, but with restrictions such as having to carry supplemental insurance, and muzzling in public. There are many other options for Lucy other than death. In fact, under the Sunnyvale Municipal Code, Lucy could have been ordered back home with restrictions, or ordered out of the city.
Traditionally, this has what has always been done on a “first offense,” especially given the fact that she was provoked and poses no threat to humans or other animals.
Despite this being her first offense, the city of Sunnyvale is adamant that she is so dangerous, that she must die.
Even the City's own animal behaviorist had said in her own report, that Lucy is a very friendly, well-socialized dog. The Young's behaviorist gave Lucy a 0 out of 10 for human aggression and even represented them for free in court; such was the strength of her convictions.
During one of the motions in Superior Court, even the Judge stated, "I would love to keep Lucy alive by ordering her out of the city." Despite his discretion to do so, he ultimately caved to the pressure of the city.
Lucy has made such an impact on the lives of those around her, that she has friends on the Sunnyvale Chamber of Commerce asking for leniency, over 25 sworn declarations attesting to her good nature, the two lawyers that Young hired are now representing them pro-bono, such is the strength of feeling that Lucy has evoked in all who know her. An online petition raised over 12,000 signatures in support - in just 2 days!
Videos of Lucy:
Lucy and Liam (Ian's 2 year old son).
More pictures and a letter from Mike Folz, Lucy's primary caretaker and manager of the Humane Society:
To Contact the Executive Assistant to the Mayor and the City Council: council@ci.sunnyvale.ca.us
JOHN N. HOWE, COUNCILMEMBER: jh2@aol.com
DEAN J. CHU, COUNCILMEMBER: CouncilDeanChu@yahoo.com
MELINDA HAMILTON, COUNCILMEMBER
mhamilton@ci.sunnyvale.ca.us
CHRISTOPHER R. MOYLAN, COUNCILMEMBER
cmoylan@ci.sunnyvale.ca.us
Amy Chan
Sunnyvale City Manager
citymgr@ci.sunnyvale.ca.us
David Kahn, the city attorney, has lied to the city council in last weeks meeting:
He stated that Lucy had been impounded before - FALSE.
He stated that Lucy inflicted serious human injury - FALSE.
He failed to provide the Council with all the facts of the case, a violation of the State Bar ethics code:
"Rule 5-220. Suppression of Evidence
A member shall not suppress any evidence that the member or the member's client has a legal obligation to reveal or to produce."
He spoke with Desiree Hedberg, my partner in this case, without representation on 12.12.2007 in direct violation of California Bar Ethics code 2-100. Literally, took her into a closed room and tried to intimidate her into giving up:
"Rule 2-100. Communication With a Represented Party
(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer."
Also:
1) He is gave false information to a government entity and thus violated
his duty of candor
and
2) failed to provide his client with a "settlement offer" (to apply Sunnyvale municipal codes on alternatives to death)
On top of all this, he was in receipt of a copy of our appeal motion to the Superior Court and request for a Stay of Execution - this was being appealed.
CONTACT
