From: Kristina Brunner
Sent: Tuesday, June 16, 2009 11:41 AM
To: Robert.M.Gibbens@aphis.usda.gov; Robert M. Gibbens
Subject: ASUS/WAO Settlement Agreement 2009
Sent: Tuesday, June 16, 2009 11:41 AM
To: Robert.M.Gibbens@aphis.usda.gov; Robert M. Gibbens
Subject: ASUS/WAO Settlement Agreement 2009
Dear Dr. Gibbens:
It has been brought to my attention the USDA/APHIS may have entered or plans to enter into a contractual agreement waiving enforcement proceedings against the ASUS/WAO for its AWA non-compliance, in exchange for certain concessions.
It has also been brought to my attention the USDA/APHIS may drop several citations from the original Settlement Agreement issued in 2007. If one of the citations dropped is related to the “outdoor housing facilities,” then I must strongly protest. These primates died a very slow death in 2005; they froze in their very tiny squeeze-back cages, while the staff and directors, in the comfort of the ASUS/WAO’s heated office building, did absolutely nothing to save these animals. The staff knew there was an impending freeze and despite my pleas to protect the primates from bone-chilling temperatures and gusting winds, the Asvestas turned their backs on these animals and allowed them to die. Their deaths must not be in vain.
In regards to the concessions, it is my understanding the ASUS/WAO may be allowed to offset the fine levied against the organization, so it can build a perimeter fence for the Talley Road property. It is also my understanding the ASUS/WAO will be allowed to submit a request to your Agency to add the Talley Road property to its current AWA license.
My concerns are:
1. The ASUS/WAO will not be able to afford the cost of a perimeter fence encompassing its 112-acre property—there is no way the facility can build a perimeter fence for just over $5,000. Right now the ASUS/WAO is experiencing financial difficulties. Donations are at an all time low and the directors are spending more money to get tourist to visit the property (brochures, pamphlets) and not organizing local fund raising events to cover its current bills. The board learned this month that the facility only has $179,000 in checking and $200,000 in savings—the exact same amount of a large donation the organization received last month. With several bills totaling over $150,000 overdue (60-90 days) for newsletter production and postage, a large land mortgage bill due by March 1, 2010 totally over $112,000 (a one-year extension was granted a few months ago), a $9,000 overdue vet bill from last year, plus other operational bills (feed, monthly domestic cat transports, salaries, etc); I do not see how the facility can afford to build a perimeter fence that will comply with AWA standards, either this year or next year. Will the USDA/APHIS mandate a timeframe as to when the fence must be built? If not, I believe the ASUS/WAO is buying time until they can close the Leslie Road facility and drop its USDA permit;
2. ASUS/WAO made it publicly known they wish to close the Leslie Road facility and move all the animals to Talley Road . Once this new Settlement Agreement goes into affect, what will stop the ASUS/WAO from dropping its exhibitor’s license after just a few months—especially since it will take a lot of money and time to get the facility up to AWA standards?
3. While I applaud the USDA/APHIS in its attempt to gain access to the Talley Road facility, I can assure you Ms. Asvestas will not allow “unannounced” visits to the Talley Road facility. I have no doubt Ms. Asvestas will demand the USDA provide notice of any impending visits and for the inspector to report to Leslie Road property first, prior to being escorted by either herself or Ronald Asvestas to the Talley Road facility. My guess is she will claim that the Talley Road property is a “closed facility” which houses bio-safety level 2 animals and therefore no one is allowed on the property without advance notice and an escort. The “advance notice” and delay in “escorting” the inspector will allow the animal caretakers and other staff members to conduct certain clean-up efforts.
On the plus side, if your Agency can gain access to the property, your staff will be in the position of checking on Sabu (lion reported dead 2008); Jake (white crowned mangaby reported alive in 2008); two Louisiana tigers (taken to Talley in 2008); Jinx (lioness taken to Talley); Noel (reported alive 2009 with alleged injuries to the cougar’s left rear leg resulting from her “introduction” to the cougars at Leslie Road property—she is still on the mend); Lexus (white Arctic Fox taken to Talley this year); and so forth.
Once the ASUS/WAO applies for an AWA exhibitor’s license, you may want to conduct an unannounced visit and look for the following problems: quarantine cages with damaged door hinges; primate cages with broken welds and lexits; baboons breeding (babies born this year); ground holes in the wolf and leopard cages left unfilled in some places; missing shelter roofs in the tiger enclosures; shelter boxes need to be rebuilt in the tiger areas; the meat freezer not always working property; mid-walls in the New Jersey tiger enclosures damaged due to the constant fighting between tigers (tiger injuries have been noted but not reported to vet); the baboon building drain continually clogs up; tiger water bowls are malfunctioning; dead animal bodies contained in the HIV chimp building stored for pickup—ASUS/WAO orders roll off dumpsters from Allied Waste on an as needed basis; broken baboon welds; “old” bears; in-between wall requires welding; South Dakota tigers’ enclosures have broken welds on mid wall; water bowels need fixing or replacing; farrier required for the care of hoof stock animals (especially “Elmer”); and so forth.
In the meantime, I have not received word from your Office as to whether or not anyone plans to investigate the six dead cougars (all died within a few months this year), the six New York primates urinating blood, and the missing two tigers. Will anyone check on these animals, or will they fall victim to politics? With the surface temperatures in the 100s (with heat index exceeding 103 degrees), I am concerned there may be more deaths at the Leslie Road facility, therefore I formally requesting an investigation into the dead, sick, and missing animals. No doubt the facility’s animal manifest will need to be adjusted once again – question is, will the manifest be found at the main office (as required by law), or will it be found at the Asvestas’ personal residence? Thank you for your attention to this most pressing issue.
Kindest Regards,
Kristina Brunner
CONFIDENTIALITY NOTICE: This electronic transmission and any attachments constitute confidential information which is intended only for the named recipient(s) and may be legally privileged. If you have received this communication in error, please contact the sender immediately. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication by anyone other than the named recipient(s) is strictly prohibited. Email addresses are confidential and should not be forwarded to anyone unless permission is granted from the sender.
From: Robert.M.Gibbens@aphis.usda.gov <Robert.M.Gibbens@aphis.usda.gov>
Subject: Re: ASUS/WAO Settlement Agreement 2009
To: "Kristina Brunner"
Date: Wednesday, June 17, 2009, 12:31 PM
Ms. Brunner:
I am unable to discuss any settlement negotiations that may be taking place with WAO. In regards to settlement agreements in general, I can tell you that if the facility fails to comply with any part of an agreement, then that agreement is voided. With regard to any licensee that refuses to allow unannounced inspections, we have and will continue to pursue enforcement action in those situations. Dr. Pannill will be looking into the concerns mentioned in the last paragraph of your email (below) during her next inspection.
Robert M. Gibbens, DVM
Director, Western Region
USDA, APHIS, Animal Care
2150 Centre Ave., Bldg B
Ft. Collins, CO 80526
(970)494-7478
Just for the record, there are animal caretakers at the Talley Road facility, Monday-Sunday, and all animal caretakers have cell phones, so they can remain in contact with the ASUS/WAO's office. These cell phones (NEXTEL) are paid for by the ASUS/WAO and could have easily been added to the ASUS/WAO's Exhibitor application, thereby eliminating the need for the "unannounced" inspector to be "escorted" from the Leslie Road property to the Talley Road property (approximately 20 minutes apart). Needless to say, the "escort" time delay may allow certain "clean-up efforts" to be conducted prior to an AWA "inspection."
Here is the Talley Road employee work schedule:
Micheal Dereadt
Monday – Leslie - 9:00 am-12:30 pm
Talley - 1:00pm - 5:00pm
Wednesday – Talley 9:00 - 5:00pm
Thursday – Talley 9:00 - 5:00pm
From: Robert.M.Gibbens@aphis.usda.gov <Robert.M.Gibbens@aphis.usda.gov>
Subject: Re: ASUS/WAO Settlement Agreement 2009
To: "Kristina Brunner"
Date: Wednesday, June 17, 2009, 12:31 PM
Ms. Brunner:
I am unable to discuss any settlement negotiations that may be taking place with WAO. In regards to settlement agreements in general, I can tell you that if the facility fails to comply with any part of an agreement, then that agreement is voided. With regard to any licensee that refuses to allow unannounced inspections, we have and will continue to pursue enforcement action in those situations. Dr. Pannill will be looking into the concerns mentioned in the last paragraph of your email (below) during her next inspection.
Robert M. Gibbens, DVM
Director, Western Region
USDA, APHIS, Animal Care
2150 Centre Ave., Bldg B
Ft. Collins, CO 80526
(970)494-7478
From: Kristina Brunner
Subject: Re: ASUS/WAO Settlement Agreement 2009
To: Robert.M.Gibbens@aphis.usda.gov
Date: Wednesday, June 17, 2009, 1:11 PM
Dear Dr. Gibbens:
Thank you for responding and for asking Dr. Pannill to > look in on the primates tigers, and cougars.
Regards,
Kristina
From: James Anthony <james.anthony@oag.state.tx.us>
Subject: Re: ASUS/WAO Settlement Agreement 2009
To: "Kristina Brunner"
Date: Friday, June 19, 2009, 8:26 PM
Mr. Anthony is presently out of the office. If you need a response from Mr. Anthony or to leave him a message, please contact either Denise Diaz at 512-475-4168 or Debbie Stubbs at 512-475-4288 and provide your telephone number and message. Ms. Diaz or Ms. Stubbs will return your call if you request. Thank you.
>>> kbrunner 06/19/09 20:26 >>>
VIA E-MAIL: TO: Robert.M.Gibbens@usda.gov
CC: james.anthony@oag.state.tx.us
christopher.krhovjak@oag.state.tx.us
Dear Dr. Gibbens:
I am profoundly disappointed in the USDA/APHIS' investigation into the ASUS/WAO. I just learned Ms. Asvestas and other interested parties are celebrating tonight because:
a.. Ms. Asvestas got you to agree that "unannounced" inspectors will have to report to Leslie Road property first prior to be "escorted" to the Talley Road property from Tuesday-Sunday, 9:00am - 4:30pm; and that
b.. Mr. Turton worked diligently to make sure "no violations regarding animal care" were listed in the Settlement Agreement. They are really excited about this point because they wanted to show no animals died due to their negligence, thereby dispelling any allegations/citations made that the primates were not provided heat during freezing temperatures resulting in the animals' death. This also allows them to continue to take in animals for money without any warnings given to the public (i.e. private animal owners/universities/colleges, etc) regarding the ASUS/WAO's past animal care history.
>>> kbrunner 06/19/09 20:26 >>>
VIA E-MAIL: TO: Robert.M.Gibbens@usda.gov
CC: james.anthony@oag.state.tx.us
christopher.krhovjak@oag.state.tx.us
Dear Dr. Gibbens:
I am profoundly disappointed in the USDA/APHIS' investigation into the ASUS/WAO. I just learned Ms. Asvestas and other interested parties are celebrating tonight because:
a.. Ms. Asvestas got you to agree that "unannounced" inspectors will have to report to Leslie Road property first prior to be "escorted" to the Talley Road property from Tuesday-Sunday, 9:00am - 4:30pm; and that
b.. Mr. Turton worked diligently to make sure "no violations regarding animal care" were listed in the Settlement Agreement. They are really excited about this point because they wanted to show no animals died due to their negligence, thereby dispelling any allegations/citations made that the primates were not provided heat during freezing temperatures resulting in the animals' death. This also allows them to continue to take in animals for money without any warnings given to the public (i.e. private animal owners/universities/colleges, etc) regarding the ASUS/WAO's past animal care history.
Just for the record, there are animal caretakers at the Talley Road facility, Monday-Sunday, and all animal caretakers have cell phones, so they can remain in contact with the ASUS/WAO's office. These cell phones (NEXTEL) are paid for by the ASUS/WAO and could have easily been added to the ASUS/WAO's Exhibitor application, thereby eliminating the need for the "unannounced" inspector to be "escorted" from the Leslie Road property to the Talley Road property (approximately 20 minutes apart). Needless to say, the "escort" time delay may allow certain "clean-up efforts" to be conducted prior to an AWA "inspection."
Here is the Talley Road employee work schedule:
Micheal Dereadt
Monday – Leslie - 9:00 am-12:30 pm
Talley - 1:00pm - 5:00pm
Wednesday – Talley 9:00 - 5:00pm
Thursday – Talley 9:00 - 5:00pm
Mary & Michelle Reininger
Monday - Talley Road - Off (both employees)
Tuesday - Talley Road - 9am - 5pm
Wednesday - Talley Road - 9am-5pm (one employee has off)
Thursday - Talley Road - 9am-5pm (one employee has off)
Friday - Sunday - 9:00am - 5:00pm
I cannot understand how you can allow the ASUS/WAO to dictate to your Agency as to where and when inspectors can report to investigate alleged animal welfare violations or even just conduct a routine inspection. Sadly, by removing the "9CFR 3.78(a) "Outdoor Housing Facilities" (Housed non human primates that were not acclimated to the temperature and humidity during winter months in outdoor facilities) from the original Settlement Agreement (in which the payment request date was March 7, 2007), you have condoned the ASUS/WAO's willful negligence and violation of the Animal Welfare Act, whereas numerous primates lost their lives in a cruel, yet preventable, manner. It is my understanding the ASUS/WAO has shown no remorse in the animals' deaths and as reported last month via email, animal deaths continue to rise at this facility. With over 81 animal deaths reported (not including domestic and hoof stock animals) from January 2006 - May 2009, I cannot understand why this facility is allowed to continue to operate.
Absolutely dismayed and saddened,
Kristina Brunner
CONFIDENTIALITY NOTICE: This electronic transmission and any attachments constitute confidential information which is intended only for the named recipient(s) and may be legally privileged. If you have received this communication in error, please contact the sender immediately. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication by anyone other than the named recipient(s) is strictly prohibited. Email addresses are confidential and should not be forwarded to anyone unless permission is granted from the sender.
June 17, 2009
From: Kristina Brunner
Date: Thu, 18 Jun 2009 06:50:40 -0700 (PDT)
To: Jessica
Subject: RE: Need WAO tour volunteers!
June 22, 2009
From: ASARescue@
Subject: Hi Kristina
To: kbrunner@
Date: Monday, June 22, 2009, 4:15 PM
From: kbrunner@
Subject: Hi Kristina
To: ASARescue@
Date: Monday, June 22, 2009
Monday - Talley Road - Off (both employees)
Tuesday - Talley Road - 9am - 5pm
Wednesday - Talley Road - 9am-5pm (one employee has off)
Thursday - Talley Road - 9am-5pm (one employee has off)
Friday - Sunday - 9:00am - 5:00pm
I cannot understand how you can allow the ASUS/WAO to dictate to your Agency as to where and when inspectors can report to investigate alleged animal welfare violations or even just conduct a routine inspection. Sadly, by removing the "9CFR 3.78(a) "Outdoor Housing Facilities" (Housed non human primates that were not acclimated to the temperature and humidity during winter months in outdoor facilities) from the original Settlement Agreement (in which the payment request date was March 7, 2007), you have condoned the ASUS/WAO's willful negligence and violation of the Animal Welfare Act, whereas numerous primates lost their lives in a cruel, yet preventable, manner. It is my understanding the ASUS/WAO has shown no remorse in the animals' deaths and as reported last month via email, animal deaths continue to rise at this facility. With over 81 animal deaths reported (not including domestic and hoof stock animals) from January 2006 - May 2009, I cannot understand why this facility is allowed to continue to operate.
Absolutely dismayed and saddened,
Kristina Brunner
CONFIDENTIALITY NOTICE: This electronic transmission and any attachments constitute confidential information which is intended only for the named recipient(s) and may be legally privileged. If you have received this communication in error, please contact the sender immediately. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication by anyone other than the named recipient(s) is strictly prohibited. Email addresses are confidential and should not be forwarded to anyone unless permission is granted from the sender.
June 17, 2009
From: Kristina Brunner
Date: Thu, 18 Jun 2009 06:50:40 -0700 (PDT)
To: Jessica
Subject: RE: Need WAO tour volunteers!
Greetings Jess!
I spoke with Leah last night and she said she would try and go in this weekend--keep your fingers crossed! I received an email from Dr. Gibbens yesterday and he said Dr. Pannell will check on the primates next time she inspects the facility. I sure hope she goes soon --
Hugs,
Kris
CONFIDENTIALITY NOTICE: This electronic transmission and any attachments constitute confidential information which is intended only for the named recipient(s) and may be legally privileged. If you have received this communication in error, please contact the sender immediately. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication by anyone other than the named recipient(s) is strictly prohibited. Email addresses are confidential and should not be forwarded to anyone unless permission is granted from the sender. --- On Wed, 6/17/09, Jessica Saucedo <jessica.saucedo@ylconsulting.com> wrote:
|
From: ASARescue@
Subject: Hi Kristina
To: kbrunner@
Date: Monday, June 22, 2009, 4:15 PM
The USDA case was never that important to me since the worst that could happen is that they would pay a fine and go on as usual. It's the AG who holds a hammer. So I am not too disappointed. Has the USDA issued a public statement yet (they usually do) or have you seen an actual settlement agreement?
Vernon
From: kbrunner@
Subject: Hi Kristina
To: ASARescue@
Date: Monday, June 22, 2009
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