“The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” Louis D. Brandeis

On Friday, January 20, 2012, a jury in the 181^st District Court, in Canyon, Texas with Judge John Board presiding, found that no animal cruelty was found in the controversial Alpha Tex Kennels case. After hearing four days of testimony, the jury took just less than an hour to reach its not guilty verdict.

According to myplainview.com, “Judge John Board gave the jury a choice in asking if all of the dogs at Alpha Tex were cruelly treated or if just some of them were cruelly treated. They decided none were.”

Mark and Sandra Smith, owners of Alpha Tex Kennels, are happy with the verdict and glad this portion of their ordeal is over. They feel that justice was served, as the prosecution did not prove animal cruelty. They have stated since the seizure of their dogs on September 28, 2011 that none of their animals were cruelly treated. They are happy that they won by an unbiased jury, and feel their attorney’s did a tremendous job. They feel that this entire ordeal was orchestrated by Joe Cantu, the alleged investigator for the Humane Society of the West Texas (HSWT), who is also a neighboring breeder and trainer of German Shepherds. 

Don Feare, the attorney from Arlington, Texas who solicited the job of prosecuting attorney, failed to prove any animal cruelty and said the outcome was not like he wanted, and it was not his decision but it was the jury’s. Feare presented as evidence pictures of six dogs, which made up only 3% of the number of dogs at the kennel. Defense attorney Paul Holloway presented a binder containing pictures of all of the dogs over the last 18 months, showing healthy and good looking dogs, with Feare objecting to this presentation. However, Holloway was allowed to present the binder.

Don Feare is not the only person surprised and disappointed over the verdict. The FaceBook group Animal Lovers against Alpha Tex Kennels, primarily ran by Daizy Langmesser of Killeen, Texas, who it appears also goes by Faye Longknife, appears to have made this case a personal vendetta; have had the comments and threats in high gear throughout the case and continue after the verdict announcement. They have made horrible comments and threats against the Smiths, or anyone who supported, stood by, or assisted them. This group fully supported Don Feare as if he were a saint who “would save the dogs,” at least up until the verdict, but have now suddenly turned on him with claims that he completely bungled the case and are playing armchair quarterback/lawyer on the case.

They refuse to accept that the complaint originated from Joe Cantu. Now think about that for a moment. The HSWT has allegedly built a facility within the last couple of years, but have no funds to pay for it and cannot access it. Remember that statement from Debra Avery of the HSWT saying “There are some absolutely beautiful dogs out here...” Now, you don’t think they seized these animals on trumped up charges so that they could sell them, do you? Hmmm... After the seizure, reports and comments were flying about the dogs and issues allegedly being faced by the foster homes. What did these people think the dogs would be like when you take them away from their family and the people who cared for them on a daily basis? Let’s not forget that it was this “Humane” Society that loaded these dogs into a cattle trailer the day of the seizure, exposing them to who knows what!

The “Animal Lovers” refuse to accept that, as shown in testimony, the HSWT went to the Sheriff of Floyd County, Paul Raissez, requesting his assistance to get the dogs away from the kennels, as testified to by Sheriff Raissez. They refuse to accept that Sheriff Raissez gave conflicting testimony in both the November 2011 hearing and the trial that just ended. They refuse to accept that the veterinarian present at the seizure, Dr. Paul Glasson, admitted on the stand that at the time of the seizure, he was unaware of the medical history of the dogs. Dr. Glasson put down one collie who he thought had mange, while never considering it may have been, and was, a thyroid condition. The dog was under medical care at the time. In fact, the other two dogs he put down were also under medical care. The horse was already scheduled to be put down the next day, as he was not responding to medical care. During testimony regarding these animals being put down, Mark Smith had a difficult time talking about it. Sandra Smith did not testify at the trial. Due to the stress from this ordeal, she recently had a stroke and has a difficult time organizing her thoughts.

The “Animal Lovers” are suggesting to the fosters “wouldn’t it be sad if all the dogs ran away from home at the same time.” They have not stopped there. They are now calling for an “Occupy Alpha Tex” movement of their “supporters.” Their staunch loyalty towards the HSWT is quickly waning and they appear to be turning on them as well. More than this, it is sad that they have no compassion for their fellow man while claiming to have it for the animals. Why are they so quick to judge when their own treatment of others leaves much to be desired?

The Smith’s, their attorney’s and Floyd County now have to work out the details on the return of the dogs. The court will issue the order for the return of the dogs. The Smith family is anxious for the return of their loved and missed animals. As Sandra Smith said, each of them is different, and each of them is loved. While no date is set at this time, they still have the lawsuits against Floyd County, Sheriff Paul Raissez, the HSWT, and KCBD Television to deal with. But they have made it over a huge hurdle, one that could have a big effect on future complaints and seizures.

The Smith’s and their attorney’s should be commended on their persistence in fighting this illegal act and for the return of their dogs. Perhaps the HSWT, and other organizations, will think a bit harder prior to initiating, and acting on, any complaint. This ordeal has caused great harm to the Smith’s, the county, and several other people-while ultimately, the dogs paid the highest price. This did not need to happen, and there is a better way. We have to find it, or the animals will continue to pay the highest price and unintentional consequences of illegal acts and bad legislation.

By Debi R***