Ed Boks publicly convicted Ron Mason of felony animal neglect CPC 597(B) and City TV35 aired the raid of his house, wherein accusations were made that the the cats had panleukemia when they did not and the warrant was based on health issues.
You have denied Mr. Mason's MULTIPLE requests to tell him where his cats are and their final disposition. Boks said 25 cats were killed, including all the kittens because of irremediable suffering.
Yet you have denied Mr. Mason the opportunity for a Postseizure Hearing as provided for by California Penal Code 597. Y.u even failed to tell him he has a right to a Postseizure Hearing.
You failed to provide Mr. Mason with information as to location of his cats as required under CA PC 597.
This is irrespective of whether there is an investigation or not. In fact, the Postseizure Hearing is supposed to be part of the investigation process to establish validity of the seizure and ownership.
Officer Ortega said photos of the cats would be taken.
CA PC 597:
(d) An animal control agency that takes possession of an animal pursuant to subdivision (c) shall keep records of the whereabouts of the animal from the time of possession to the end of the animal's impoundment, and those records shall be available for inspection by the public upon request for three years after the date the animal's impoundment ended. ---
(f) Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both. ---
(1) The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:(A) The name, business address, and telephone number of the officer providing the notice. ---
(B) A description of the animal seized, including any identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.
(D) A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail.
I WOULD NOTE THAT MR. MASON WAS NEVER GIVEN A DECLARATION OF OWNERSHIP FORM.
(2) The postseizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer(k) Upon the conviction of a person charged with a violation of this section, or Section 597 or 597a, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition.
SO Misters Boks, Cocek, Delgadillo and Villaraigosa, where are Mason's cats? Why was there no Postseizure Hearing? Ask them.
Don Cocek: email@example.com
Dov Lesel: firstname.lastname@example.org
Rocky Delgadillo: email@example.com
Ed Boks: firstname.lastname@example.org