Open Records Fine Print

As mentioned in the last posting, the Texas OAG sent me about 100 documents pertaining to the pseudo-sanctuary. Included in the package were open records request from one of the witnesses that assisted me early on in the case and from the pseudo-sanctuary director! In the pseudo-sanctuary director's letter dated 11-29-07, she wrote:

"As the president of the [pseudo-sanctuary name inserted here], I am requesting copies of all complaints filed against the organization which has resulted in an ongoing investigation by the Attorney Generals Office."

It appears the pseudo-director, after reviewing the first CID supplement dated 11-16-07, decided to find out who is passing on specific information to the AG's Office by requesting past complaint letters to the OAG.

According to the Texas OAG, anyone, including the person or organization under investigation, can request and obtain information pertaining to the open investigation. You would think witness information would be considered "protected" until the investigation concluded so as to protect the witness(es) from harassment or intimidation. Not true! The only way the information would remain confidential would be if a CID was issued and the witness' information happened to be related to an item on said Demand. Any information provided to the OAG that was not covered by a CID would be fair game and given to an open records requester.

It is no wonder why people are afraid of reporting alleged crimes to the authority as the criminal seems to have more rights and protection that witnesses!! In this case, the pseudo-sanctuary received about a years worth of witness information, including their contact information.

So, if you ever decided to write the OAG, remember, the information will not remain "top secret," unless the OAG moves quickly and issues a CID which covers the information provided. Knowing this, if you have any witnesses hesitant to come forward, don't put their names in any complaint package until after the CID has been issued. This will ensure the protection of your witnesses from harassment or intimidation.

Supplemental Civil Investigation Demand (CID)

The investigation into the pseudo-sanctuary continues with the issuance of two more civil investigative demands (November 2007 and April 2008).

On Friday, I received my Open Records Request package from the Attorney General's Office. I received under 100-pages, and while most of the information was non-informative, there were several pages of information I found very enlightening.

First off, the OAG will not provide any information collected by way of a CID. Since the original CID did not request animal records or board meeting minutes, I thought I'd ask for these records. Turns out, in November 2007 and April 2008, the OAG requested these records and since the fruits of a CID is off limits unless the pseudo-sanctuary releases the records to the public (as if), I am out of luck for the time being .

The OAG did request 24 important files in 2007 and an additional 18 files in 2008. I was pleased to note the OAG requested very specific records, records I know the pseudo-sanctuary did not maintain while I was VP/Treasurer/Volunteer.

Also of interest, the Office tried to reconcile the pseudo-sanctuary's 2006 general ledger, and ended up giving up "after not being able to tie much of anything" and requesting the sanctuary's CPA to "explain all of the numbers."

Apparently the Board Chairperson is getting tired of OAG's investigation for her certified letter from the Office was "return to shipper, Reason for return: Receiver did not want, refused delivery." When confronted with this action, the board chairperson claimed "this is not the first time I have not received our mailings. If you would please change all your records to my PO Box address this should insure I get everything you send me." I don't believe the OAG bought this story because an e-mail sent to the pseudo-sanctuary's attorney said:

"If true, (1) this is the first notice ever received by the Attorney General's office from [boardchair person' name omitted] and (2) no explanation is provided why the Attorney General's office was not previously notified."

So, a meeting between the pseudo-sanctuary was supposed to take place on April 29, 2008 to collect the April 2008 CID material. But surprise, surprise, the pseudo-sanctuary's director became ill and its attorney was hospitalized (all of this took place one week before the scheduled visit). According to the e-mail notifying the OAG the pseudo-director "is very ill and can't gather the required information until such time as she feels well enough to do so." Question is, why can't her staff put together the required documents? Could it be that they don't exist??

In any case, the attorney was back at his desk on May 1, 2008 and the pseudo-director was still MIA. So the OAG tried to reschedule the meeting for June 5th, at 9:00am, but with little success. Finally, 90+ days later, the OAG and the pseudo-sanctuary finally met. Unfortunately, there is no mention in the records as to the outcome of the meeting, but I can't imagine it went for the full three days since the directors did not keep meticulous records--unless of course during the 90+ day "delay" the records were manufactured...hmmm, this would not surprise me in the least!!

More to come on the CID in the next posting...

Dire Straights

It has become routine to check the Internet for news stories pertaining to the pseudo-sanctuary. You just never know what you might find when you're searching for that "needle in the haystack." Last week I came across an article published by a neighborhood newspaper concerning the dire needs of the pseudo-sanctuary.

In this article, the pseudo-sanctuary's director told the writer the organization was in "dire financial straights." Apparently the donated supply of dog food and produce from a local grocer has "completed ceased." It seems the Board of Directors did not plan for this contingency, and so in addition to cash donations, an appeal for 10-pound bags of dog food was made public.

According to the article, the pseudo-sanctuary goes through 500 lbs of dog food per day! That means a lot of dog food is given to the bears, primates, possibly the chimpanzees, and goodness knows what other animals. Now that the pseudo-sanctuary must purchase dog food, no doubt they are buying the cheapest dog food available from the grocer.

Tarzan is also mentioned in this article. You may recall, the pseudo-sanctuary tour guide told tours in 2007 that Tarzan was moved from the touring property to a large natural enclosure at the second property to be a part of a lion pride. When that lie fell flat, the tour guide finally fessed up in 2008 that the lion died, but it was from "medical complications" resulting from his early upbringing. This summer, the staff writer wrote "Tarzan died last year because of renal failure, but not without living more than four years at the sanctuary, where he played and socialized with others of his breed."

Renal failure is very common "cause of death" at the pseudo-sanctuary. Based on my conversations with the pseudo-sanctuary's veterinarians in 2006, I have reason to believe the 6-year old lion either may have died from eating a steady diet of chicken, resulting in renal failure, or he died from another cause which the pseudo-sanctuary is hiding from the public. At this time, we are waiting for word for the cause of death for Tag, the tiger, who died several months after Tarzan, as there is concern he too may have died from "renal failure." As for Tarzan living with others of his breed - well this is completely untrue, for Tarzan only lived with one lion, Leo, whom he absolutely adored (see past posting for Tarzan and Leo's video).

The Texas AG's Office confirmed today the case is still active and that it could take YEARS to resolve. I just hope by the time the State finally takes action against this place there will be some animals left to rescue.

Note: Picture of bear and his dog food was taken by S. Snyder

A Fanstastic Tale Untold in Wake of Ike

A fantastic tale untold No tiger on the loose in Crystal Beach

By James Shannon, Staff Writer

In the aftermath of Hurricane Ike, there have been the usual stories of devastation and human perseverance generated by most disasters, natural or otherwise. But none seem to have garnered more attention than the irresistible tale of a man-eating tiger on the loose in Crystal Beach.

The beachfront community on Bolivar Peninsula along the Texas Gulf Coast was nearly wiped out by Ike, and then came the tiger report.

The Associated Press quoted an ominous warning from Galveston County Judge Jim Yarbrough, who said, "Turns out there's a tiger, and I understand he's hungry... so we're staying away from him."

Although Yarbrough apparently never explicitly said the tiger was on the prowl, that quickly became the story. The statement was picked up by CNN and Britain’s Sky News, then repeated by newspapers and television networks around the world. It made a fascinating sidebar to dramatic accounts of the killer storm that left a path of destruction from Haiti to Texas, but there was one small problem. It wasn’t true.

The genesis of the fantastic tale was remarkable in itself, however. A local animal lover waited too late to evacuate Crystal Beach. As he attempted to drive to safety, he was trapped by rising waters. In the back of his vehicle was Shackles, an 11-year old lioness. Sympathetic people who had taken shelter at the First Baptist Church in Crystal Beach gave sanctuary to the man and the lion he described as his pet.

The animal lover in question was Michael Ray Kujawa, who ran what Crystal Beach visitors have described as a make-shift home zoo that had previously housed goats and an emu in addition to the big cats.

After wading to the church, he restrained Shackles inside the church and rode out the storm with the other residents who had taken shelter there. But Kujawa had another cat back at his home zoo, a 400-pound tiger secured in a fairly spacious enclosure. The tiger was being fed in the post-storm confusion, but clearly something had to be done.

Dr. Sarah Matak is the local veterinarian in Winnie, the nearest town on the mainland. She was contacted by officials who requested she tranquilize the tiger so it could be moved to safety. She in turn called Carl Griffith, the former Jefferson County Sheriff and Judge who owns an exotic game ranch down the road.

“Parks and Wildlife called and asked if she could come down and try to sedate the animal, and she asked could I use the dart gun to do that,” related Griffith. Conditions in the storm-ravaged community had deteriorated by the time Matak and Griffith arrived in Crystal Beach on Wednesday, Sept. 17, four days after Ike hit.

“They had been feeding it, but he was a very aggressive and angry cat,” said Griffith. “There were only two choices. It was either put it to sleep or they were going to have to kill it.”

Accompanied by Texas Game Wardens, Griffith and Matak went to Kujawa’s animal house. The former sheriff and two others cautiously approached the tiger’s enclosure in an attempt to avoid agitating the animal.

“That’s the biggest problem with darting animals,” said Griffith. “As long as you don’t get them excited, the adrenaline doesn’t start pumping. He went down fairly easily; we got a dart in him and got another dart in him.”

Matak said the tiger was transported to an animal refuge facility near Somerville in Central Texas. Shackles the lion, who is more of a pet, was cajoled into a cage so she too could be transported.

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While the above story has nothing to do with the pseudo-sanctuary, I decided to re-print the article pertaining to this amazing lion because it was very interesting wild animal story. It's not every day when you read about people opening their church doors to a lion in need! At this time, there is no news to report regarding the pseudo-sanctuary. Open records have been requested from the State and Federal agencies, and so I eagerly await news regarding the status of the pending cases.