The story about Tobi has been going on for over a year and a half now and has finally come to an end! The Honorable Fred E Avera awarded custody of Tobi to me on January 26th, 2005.
All the lies that have been told throughout this case and the total disregard to tell the truth the whole truth and nothing but the truth. Laura Pope and Theresa Werder both made a mockery of the justice system.
A week after the seizure of the dogs, I called Theresa once I verified Tobi was there. I asked Theresa why did Pope tell everyone Tobi was not there at Pope's place and was at your place instead. Theresa said because Pope was afraid I would steal Tobi. I said Tobi is also pg. and Pope said she had never been unable to produce puppies in a SWORN court affidavit just a few days before Tobi was seized. Than I asked Theresa is that even the Sire of the puppies that Pope said it was in her SWORN affidavit to the courts that was signed on August 26th, 2004. Theresa said no. Theresa went on to say that she couldn't remember the name of the dog except it had blue eyes and was g/w. Than I asked her when the puppies were due, that it was very important that we have a date so the KYHS could be prepared. Theresa told me 9/12/04.
We talked about other issues like how many of her dogs were there and she couldn't even remember all the names and if she co-owned any dogs with Pope and she said yes. Theresa also told me Pope said I was crazy and that was the reason she "Theresa" had never spoken to me until I called her. Theresa also went on to say how she found the attorney for Pope here in Oregon and didn't know why Pope was fighting this as Tobi was " Nothing Special".
On the day of the court hearing Pope's attorney presented a SWORN affidavit from Theresa Werder that stated that Tobi has been at her place all this time and puppies were born in October, Both which were lies. I have pictures of Tobi the day of the seizure and know when the puppies were due because they were born at the human society. Now remember Theresa had told me Tobi had never been at her place that she had always been at Pope's place except when she was being shown by Marie. Pope and Werder came up with this brilliant idea that they would say Tobi was another bitch and also claimed Tobi's puppies were out of the same bitch in order to get them reg. by AKC. I also have pictures of the puppies that were out of Tobi.
Pope's attorney asked the court for a continuance that he was sure they could prove that I was a puppy mill, That was denied by the judge.
I was very up set by this slanderous statement made to the courts" Pope's idea of course" I have 6 dogs Lucky who is 12 and spayed than there is Abby and Boo who are sisters, Simon 3 year old male, Jessie and Casper who are young puppies...... I had 1 litter last year 2004, 1 the year before that 2003, 2 in 2002 and 2 in 2001 than the last breeding I did before those were back in 1994. So seven years went by before I did any breedings. I don't think this even comes close to being a puppy mill.
This is an example of just a few of the lies and under handed tricks that were told/done though out the year and a half that this case has been going on. I have all the documents to prove what I have said is the truth. It is not GOSSIP or SLANDER it's all true. Inn order for it to be slanderous it has to false statements, which they are NOT!
Luckily the courts saw right through all the lies in this case. It's not over for Tobi yet. I don't have Tobi back and Pope has said on many occasions the only way I would ever get Tobi back would be in ashes. I pray that nothing happens to Tobi she has been through enough . My hope is that Pope and Werder does as the judge has ordered.
Theresa Werder is a UKC and should be held to the highest standard. Instead she lied and schemed with Pope in hopes that I would lose this case. I would boycott every show Theresa judges at and JMO she should lose her UKC lic. for being affiliated with a puppy mill, being unethical and for lying on a sworn court affidavits.
It's fine to support a friend, but when they end up lying especially on a sworn court affidavit that's where i draw the line. I feel that Theresa Werder is just a guilty as Pope is for all the lies and covering up Theresa did for Pope. Than when Theresa went back to Kentucky to help Pope move all the dogs back to Pope's property. When Theresa returned home a few weeks later she took Tobi with her to keep me from being able to get Tobi is just inconceivable to me and I would think to anyone that is of sound mind......
As many of you know, the judge awarded the judgment and return of Tobi in my favor and ordered that Tobi be returned to me immediately. During the course of the trial Pope's attorney handed a signed affidavit from Theresa Werder dated that morning 1/26/05 stating that Tobi was in her care since and that she currently is in her care. This being the case, the judgment was sent to Florida overnight where the judgment was served upon Theresa Werder today by the police department and the
Humane Society. Why would Theresa care if they looked in her back yard if she had nothing to hide. Theresa Werder denied that Tobi was there and would not allow the officers to come in and see the dogs. During the course of the officer's visit to Theresa Werder's home the officers overheard her on the telephone telling someone on the other end to move the Tobi, that the officers had her address also and would most likely be going there next and that Tobi needed to be moved, preferably to a boarding kennel! where she could not be found!
Theresa Werder is involved with the conspiracy to keep my now legal property from me. It is rather disgusting that this woman is on the board of her local kennel club, is a UKC judge, and an assistant to a well known professional handler. How can this kind of person be accepted by the local dog community? and how can any law abiding citizen disregard a direct court order? Theresa Werder is now looking at contempt of court. When I called her after I got the news all she would say is call my attorney....
This case has NOTHING to do with Theresa. This case is between Pope and myself and now she has put herself smack dab in the middle of this and is helping Pope hide Tobi out where she cannot be found!
I won this case and Pope can't stand the idea of her losing and is only doing this out of spite. This has been a very up setting day to me. To know that Theresa knows where Tobi is and Tobi is being moved from place to place and wondering when help will be coming for her. I'm at a loss as to what else can be done to get them to return Tobi. I'm physically sick over all that has gone on today. This needs to all end enough is enough. Pope and Werder need to do the right thing and return Tobi to me NOW.
"You people are so paranoid
you think everyone is Kathleen, whatever you want to think I don't really
care. I am sure what you know about my aunt is only one side of it all.
As she would say don't waste your time they are all the dog ladies. They
can't have friends because they don't know how, all they do is talk about
each other to each other."
"That tells you I am Kathleen's
niece? What of it?
The case it not final until the appeals are done. As I said I think that if the bitch should go any place it should be back to the breeder which is Des & Mary Cole not you. I think the court should hear that maybe they would allow that to happen. You have like 4-5 years of appeals coming up, why don't you try to buy her back instead of starting more trouble?"
The Cole's are indeed the breeder of Tobi, but Tobi was payment for my stud fee who was out of Rebel, Who was also payment for a stud fee. Rebel lived here with me, from the time he was 8 weeks old until his passing at age 11.
The appeal process can take up to a year not 4 or 5 yeas, but in the mean time Tobi belongs to me. I am the legal owner. As of this date no appeal has been filled. Also the Cole's have NO claim to Tobi. Just because they are the breeders doesn't mean they have any right to her.
2/8/05 Letter sent to
UKC and The Siberian Husky Club of Tampa Bay
Tue, 08 Feb 2005 12:16:22 -0800
Cynthia Acosta <email@example.com>
Dear Ms. Stickley,
filed a complaint about a judge named Theresa Werder that
was co- owning dogs from a known puppy miller by the name
of Laura Pope, who was arrested on 95 counts of animal
cruelty. Your reply was that there was nothing UKC could do
because they do not own dogs together through UKC, hog wash.
least AKC took a stand, you should do the same and
follow their lead.
because Theresa Werder does not co-own any dogs though
UKC with Laura Pope does not make her an innocent party
in this case. Theresa Werder still has 20 of her dogs at
Laura Pope's place even after the arrest. Mrs. Werder could
have removed her dogs, but left them there instead, to continue
ask you is this the type of judge you want representing
UKC? I certainly hope not and after your investigation I
would hope UKC will reconsider keeping her on as a judge and remove her as a UKC
judge. I would certainly question her
ethics in all of this. Who wants a judge who has no ethics and no regard for the
court system?? Certainly not myself or any
other decent human being that cares about the breed.
Werder was served with a signed court order from the
judge telling her to turn over a dog she was hiding for the
puppy miller Laura Pope. I had just won a year and a half
long court battle over a dog I had sold to Laura Pope. The
dog in question "Tobi" was awarded back to me by the courts on 1/26/05 During the
court hearing Mrs Werder signed a sworn court affidavit stating she had "Tobi"
in her possession.
were drawn up that day for the judge to sign that
Tobi was to be handed back over to me. Upon the arrival of the Humane Society and
the local Police Department Theresa Werder refused to let them in her back yard
to remove my dog. Mrs. Werder claimed she knew nothing about it. Now remember she
just signed a sworn affidavit that same day stating she had Tobi.
Werder is breaking the law by helping hide Tobi for
Laura Pope and the courts are now in the process of drawing
up new court orders to have her arrested if she denies them
access or does not tell the officers where she has hid Tobi.
It takes time because of out of state issues.
is OUTRAGES that Mrs. Werder feels she can go against a court order and
as she pleases with total disregard for
the judicial system. Mrs. Werder has no claim to this dog
what so ever, never has and never will. She does not belong
in this and should have stayed out of it. Hiding a dog against a
court order for a puppy miller friend goes against anything
decent and ethical.
Siberian community condemns her behavior and will
BOYCOTT all shows she judges at until she is removed!
December Jennifer Weaver who lives on Mrs. Werder's
property had all her dogs seized for animal cruelty. Now
this is the second case that Mrs. Werder has been in involved with.
Werder's husband Roger Werder is also a registered
pedophile. I would think UKC would be concerned about
liability as he usually attends all the shows she judges at. This is not a false
statement. You can check for yourself for registered sex offenders in the State of Florida.
also going to the local news paper in your town and tell
them the story about your judge Theresa Werder. That way the
community will know what kind of judge you have judging UKC shows and bring
attention to other breeders who don't know the kind of person who is judging
Thank you for your time.
2/24/05 Still no
word on Tobi's whereabouts........
2/25/05 Pope filed an appeal with the courts of appeal. Tobi is still mine until the court of appeals hears the case. Than and only than if Pope wins will Tobi belong to her.......
Theresa Werder was hired to judge at the Kalamazoo, MI UKC shows for the K9 Fanciers club On May13 -16.
PLEASE BOYCOTT THIS SHOW AND ANY SHOW THERESA WERDER HAS BEEN HIRED TO JUDGE AT
3/18/05 Still no word on Tobi's whereabouts. Theresa has admitted to moving Tobi from her place, but still will not say to where. Talk about an abuse of the justice system. What makes Theresa think she's above the law??????
3/5/05 Still no word on Tobi.
5/5/05Appeal hearing is set for May 5th, 2005 at 9:30 am.
5/6/05 I had to sign a gag order so am unable to say much, except I'm hoping that Pope will come to her senses and return Tobi, if not it's on the the appeals court in Salem, Oregon. Yesterday was a mediation hearing heard by a retired judge hoping to settle the disagreement between Pope and myself without going through the appeals process. Pope has one week to make her decision. The gag order was only for what was said during the hearing. I may discuss anything else about Tobi and her case. I won the appeal case !!!!!! still Pope won't give up.
7/14/05 I received a copy of a letter Pope's attorney had been sent to mine today. I will tell you this. This is NOT! the agreement that was made nor does it even come close to it. Pope is coming up with more things to delay the turn over of Tobi. I told my attorney this week either she gets Tobi returned to me by weeks end like she was suppose to do months ago or I'll go forward with putting a lien on Pope's property for court cost and attorney fees. Below is Pope's response.
I will NEVER apologize to Pope period! and for what?? stating facts about the type of person she really is, and how her dogs have been treated, much less put it on my web site and than to remove all negative comments about Pope which I might add it is all true. Any one thinking about buying a dog from Pope should know the truth about her. All I'm guliy of is caring enough about my dog and carrying enough to get Tobi out of those horrible conditions.Pope has done nothing, but lie through out this whole case. I will not be black mailed! Pope is holding Tobi, which is against the law.
3/30/06 Pope still has not returned Tobi to me. I won
my case and the legal system worked, but when the other person doesn't
think she has to follow the law what else can you do??????