The blog covers the period from December 17, 2005 - April 30, 2010. The information in this blog was brought over from my handwritten notes, various documents, and email accounts which transpired during this period.



Friday, October 1, 2010

January 1 - February 24, 2010 Notes

January 1, 2010
From: smatthes@...
Sent: Saturday, January 02, 2010 12:17 AM
To: W.westcpa@...; waonicole@...
Subject: Fwd: 2008 990 audit


Will:  The reviews of the 990 by myself and Nicole seem to indicate that the 990 for 2008 is still a work in progress. Maybe you and I and Nicole should discuss this and try to reach a resolution.

Sumner   

Wildlife Rescue Coordinator
Sarasota in Defense of Animals, Inc.
PO Box 15653
Sarasota, FL. 34277-1653
Tel: 941-924-2505
Email:
smatthes@...


From: w.westcpa@...
To: smatthes@...; waonicole@...
Subject: RE: 2008 990 audit
Date: Sat, 2 Jan 2010 07:37:28 -0600


Let me get my arms around the notes today and we’ll figure out the best way to proceed.

From: waonicole@...
To: w.westcpa@...; smatthes@...
Subject: RE: 2008 990 audit
Date: Sat, 2 Jan 2010 08:54:37 -0600

Just FYI Will,

I will be covering the gift shop today and working on some other items for minutes, etc. If you want to come by and share some of the work, I have free time tonight.

Thank you again for all that you are doing.

Nicole Garcia

January 4, 2010

Myrna was asked to take a follow-up drug test today.  I have a feeling if she fails this test, she will be terminated.

Later:  Myrna was tested and she came up negative.  I guess Nicole's talk with her worked after all.  I still recommended another follow-up test later this year, just to make sure she is on the right track so as not to place the WAO animals in any danger.

January 17, 2010


Another primate injury reported - hurts to see this little one suffer so with this injury.  This poor former Bayer Pharmaceutical Laboratory macaque was found injured in the "quarantine" cage.  I was told several of the males died or were severely injured from fighting in the one enclosure


January 18, 2010

----- Forwarded by Robert M Gibbens/CO/APHIS/USDA on 01/19/2010 06:46 AM

From:  Kristina Brunner
To: james.anthony@oag.state.tx.us; Robert.M.Gibbens@aphis.usda.gov; "Chris Krhovjak"<christopher.krhovjak@oag.state.tx.us>
Sent:  01/18/2010 07:06 PM
Subject:  Response to USDA/APHIS WAO Animal Welfare Complaint Form dated 9.3.08
  
VIA E-MAIL:                          
                                    TO:    james.anthony@oag.state.tx.us
                                              Robert.M.Gibbens@aphis.usda.gov
                                                 christopher.krhovjak@oag.state.tx.us
                                             
Please accept this letter as an addendum to the original complaint letter previously submitted to your Office pertaining to Ms. Carol A. Asvestas.  The information contained herein pertains to my original complaint regarding alleged animal welfare act violations perpetrated by Ms. Asvestas while she served as CEO and President of the non-profit 501 (c) (3) tax exempt organization  titled the Animal Sanctuary of the United States, d/b/a Wild Animal Orphanage (WAO); f/k/a the Primate Sanctuary of the U.S. (PSUS), f/k/a the National Sanctuary for Retired Research Primates (NSRRP), f/k/a The San Antonio Wildlife Emergency Centre, f/k/a Primate Sanctuary of America (PSA); f/k/a Chimp Aid; f/k/a Cat Haven; and f/k/a Whisker’s and Wag’s Humane Society. 
  
On Friday, January 15, 2010, I received the attached USDA, APHIS, Animal Care Animal Welfare Complaint form sent to me in response to my FOIA request made in September 2008.  
According to the response, Ms. Asvestas was allegedly asked if she acquired any animals from Hurricane Katrina in 2005.  Ms. Asvestas claimed "no animals returned to Texas with them."  If this statement was true, then where did all the cats come from as seen in the attached photographs ?  When I took the photographs, the cat cages were stacked several feet high in what is now the WAO's gift shop.  I personally fund raised money from County employees in support of the cats Ms. Asvestas
 
Also, if "no animals returned to Texas with them," then why did Ms. Asvestas send out several newsletter appeals requesting donation for the "victims of the storm?"  According to financial records, HSUS and ASPCA provide substantial funding towards the care of these cats. 
I contend, Ms. Asvestas purposely lied to the USDA APHIS inspector in the hopes of avoiding answering questions regarding the disposition of the hundreds of cats taken in by Ms. Asvestas (see attached timeline).

Tarzan - May 2005

Leo - 2005

I further contend, Ms. Asvestas purposely lied regarding the death of Tarzan.  In September 2009, I was told by a Leslie Road animal
caretaker, Terry Minchew, Tarzan was alive and living in the same enclosure with Sheba and Sebastian.   According to Ms. Minchew, she said she found a dead lion in the enclosure, and believed it to be Leo.  I was told when Ms. Minchew reported the lion's death to Ms. Asvestas, Ms. Asvestas allegedly told Ms. Minchew that she was mistaken--the dead lion was actually "Tarzan."  Despite Ms. Minchew's protests, Ms. Asvestas told her to record the death as that of "Tarzan."  I have reason to believe, based on the animal caretakers report, Dr. Ehrlund did not euthanize "Tarzan" as claimed by the "signed vet statements concerning the death of these 2 animals" -- for how can one euthanize a dead lion? 

Tarzan - December 2009
 When I visited the WAO in December 2009, I took pictures of the surviving lions.  I am convinced the lion that died was in fact Leo and that Tarzan is alive and well, living with Sebastian and Sheba (see attached photographs -- one taken in 2005 and the other taken in 2009).  I believe the reason why Ms. Asvestas lied about the cause of death of the lion and the identity of the same was due to the fact that Leo was one of the "Growing Up Lion" stars and Ms. Asvestas did not want to disclose to the public that another "Growing Up Lion" star died at the WAO in case it leaked out to the local media.  Ms. Asvestas consistently lied about Rex's cause of death (another "Growing Up Lion" star), so it is not much of a stretch to believe Ms. Asvestas lied once again regarding Leo's cause of death.
 
As to Tag's death -- it was my understanding Tag was euthanized by Ms. Mary Reininger.  I was not aware that Dr. Erhlund was even on the property at the time of the animal's death.  I would be surprised if there were even x-rays or medical exam reports on file at Dr. Ehrlund's office confirming the diagnosis of "degenerative joint disease."
 
I would like this information to be added to the official USDA/APHIS Animal Welfare Complaint document dated 9.3.08, signed by Dr. Pannill and reviewed by Daniel Jones, as I believe the attached information supports the conclusion that Ms. Asvestas was not truthful in responding to the USDA/APHIS inspector's questions.
 
I pray the Texas Office of the Attorney General continues to investigate both Mr. and Ms. Asvestas actions, as I believe they were wholly responsible for the many animals deaths that took place from 2005-2009.  
 
Your kind consideration into this matter is greatly appreciate.
 
Regards,
Kristina Brunner
_______________________________________
From: "Connie.R.Morris@aphis.usda.gov" <Connie.R.Morris@aphis.usda.gov>
To: kbrunner@...
Sent: Thu, January 21, 2010 1:05:20 PM
Subject: Fw: Response to USDA/APHIS WAO Animal Welfare Complaint Form dated 9.3.08

Dear Ms. Brunner,

Thank you for your email correspondence of January 18, 2010, concerning Wild Animal Orphanage and your animal concerns.

However, these activities are not covered under the Animal Welfare Act and, therefore, not subject to regulations.  Complaint 08-264 was closed with the results that were provided to you by FOIA.  Carol Asvestas, by herself, was not licensed and is currently not licensed.  The information you are requesting should be directed to the facility - Wild Animal Orphanage, Inc., to address your concerns and questions.  Animal Care does not have any animal acquisition/disposition information or any funding information in the official facility file.

Animal Care is the division of the U.S. Department of Agriculture (USDA) that is responsible for the enforcement of the Animal Welfare Act.  The Act provides minimum standards for the humane care and use of animals at USDA licensed or registered facilities.

Animal Care inspectors conduct routine unannounced inspections at all USDA licensed and registered facilities to ensure that they are meeting or exceeding these minimum standards.   Our inspectors also conduct searches for unlicensed facilities conducting regulated activities. We perform inspections and searches when necessary in response to valid concerns and complaints received from the public to ensure the well-being of the animals and compliance with the law.  Should violations be found, enforcement action appropriate for the circumstances will be initiated.

Thank you for your interest in the welfare of these animals.

Connie Morris
Program Specialist
Western Region Animal Care

_______________________________________
From: Kristina Brunner
To: Connie.R.Morris@aphis.usda.gov
Sent: Thu, January 21, 2010 1:18:14 PM
Subject: Re: Fw: Response to USDA/APHIS WAO Animal Welfare Complaint Form dated 9.3.08
Dear Ms. Morris:

The information provided on January 18, 2010 was merely in support of the Animal Welfare Complaint Form dated 9.3.08 -- I did not expect any action to be taken in regards to my email relating to the statements made by Ms. Asvestas to Dr. Pannill in 2008.  What took place in 2005-2006 is now history and I do not believe I will ever know what truly happened to 100+ hurricane Katrina and Rita cats acquired by Ms. Asvestas and taken to the WAO.

If at all possible, I would like the information provided in my email to be attached to the 9.3.08 complaint form in the event this information becomes pertinent in the future. 

Thank you for your consideration to this request -

Regards,

Kristina Brunner
_______________________________________
From: "Connie.R.Morris@aphis.usda.gov" <Connie.R.Morris@aphis.usda.gov>
To: Kristina Brunner
Sent: Thu, January 21, 2010 1:32:40 PM
Subject: Re: Fw: Response to USDA/APHIS WAO Animal Welfare Complaint Form dated 9.3.08


Thank you - We will add your email to the complaint report in our files as additional information.

I apologize for any confusion.
Connie

_______________________________________
From: Kristina Brunner
To: Connie.R.Morris@aphis.usda.gov
Sent: Thu, January 21, 2010 2:26:57 PM
Subject: Re: Fw: Response to USDA/APHIS WAO Animal Welfare Complaint Form dated 9.3.08

Thank you, Connie – I appreciate your assistance in this matter –

Regards,

Kris
I cannot get over how Carol lied to the USDA inspector, saying no hurricane cats came back with her when it was all over the news that she did--not to mention all the newsletters she sent out claiming she was caring for hundreds of cats which she called her little "orphans of the storm!"  And the pictures I sent to the USDA...did they mean nothing to them?  Why in the world did anyone from the USDA/APHIS believe a single word coming out of Carol's mouth? Are there no consequences for lying to investigators?  What a useless government agency!!

I believe this clearly proves Dr. Ehrlund falsified animal care records, no doubt on behest of Carol Asvestas.  It has been previously reported that all Carol had to do was call Dr. Ehrlund and request a death certificate.  There was no health care problems with Leo for he was looking great right up to his death.  For if he did have health care problems, wouldn't he have be under the care of Dr. Ehrlund for liver problems?  How did they even know he died from liver problems if there was no necropsy report?  Doesn't the USDA ask any questions at all regarding animal care at the WAO?  Questions, questions, and more questions left unanswered.  With so many deaths at the WAO,  it must have been great for Carol to have a vet in her back pocket.

January 25, 2010 
From: waokimberly@...
To: waonicole@...
Subject: Edodolac for Bubba and Lance
Date: Mon, 25 Jan 2010 14:49:17 -0600

I already told Jenna about this: 
Dr. Finkelstein called back this afternoon and wanted to tell us that she wants Bubba and Lance on Famotidine, which is basically generic Prevacid.  She wants them to have 40 mg on the mornings that we will be giving the Edodolac in the afternoon for stomach protection.

Let me know if you have any questions.

Bubba and Lance are finally receiving the medication they have needed for so long.  I just pray it's not too late.

From: waonicole@...
To:xxxxxxxxxxxxxxxx
Subject: FW: Info on Black leopard
Date: Mon, 25 Jan 2010 15:00:56 -0600

Nicole Garcia 



From: waokimberly@...
To: waonicole@...
Subject: Info on Black leopard
Date: Mon, 25 Jan 2010 14:46:00 -0600
INFO FOR BLACK LEOPARD WITH GROWTH

Her name is Mindy.

Date of birth:  March 15, 1993

In the spring of 2008, she was sedated to remove a toenail.  At the time, x-rays were done of her hips (not sure what else). 

The growth on her abdomen has been there for over 5 years.

Over the past few months it has seemed to have increased in size quite a bit.

Other than the one toenail, all other nails are still present.

She has some bare patches on her tail but had a skin test done and nothing was ever diagnosed.

(Do you want me to forward this info to Dr. Finklestein?
Poor Mindy.  For FIVE YEARS she has had this growth!  How could Ron or Carol be so cruel as to let it grow to such a size that the growth is now rubbing the ground under her belly!  Now this is animal abuse.  How come Dr. Pannill never said something about this when she visited the WAO property this year?  She should have demanded the leopard be examined by a qualified vet.  She should have done something to help Mindy.

January 30, 2010

So many sick animals.  I'm heartbroken to learn how sick the animals were for some time and no one cared enough to get them medical care, up until now.  Thank goodness Nicole is providing the animals the care they truly deserve.

From: avianexoticdvm@...To: waonicole@...
Subject: Emergency Drugs and Brody
Date: Sat, 30 Jan 2010 22:38:28 -0600
Hi Nicole,

First off it seems Brody is not improving- are we going to consider euthanasia?
Call me to discuss- tomorrow, I don’t know if it is worth waiting until Monday to read the TB test?

Blood work indicates chronic infection- monocytosis and elevated TP, early kidney compromise elevated BUN and Phos, muscle trauma elevated CPK- don’t worry about the glucose- I checked it while I was there on a glucometer and it was normal


I ordered emergency drugs- do you want one bottle of each on each property- these are the non controlled ones- or just one bottle and someone will run them over there in an emergency- this will be less expensive but a little less convenient- let me know.

Inventory is starting to add up fast and I still need to order more supplies.
Let me know what would like me to do

Dobbins fecal test did not find parasites- how is his stool?
Are Royal and Minday doing any better now that they started medication?
Is Bubba vomiting?
January 31, 2010   
From: SMatthes@aol.com
Date: Sun, 31 Jan 2010 12:08:39 -0500
Subject: Activity Report and Other Information
To: waonicole@hotmail.com

Nicole:  As I recall you said that you would be preparing an activity report for the BOD today.  When will you be ready to email it to us?
Also, Kim was trying to send me a resume on a possible new board member but I did not get it by FAX or email.  Can you check this for me?
Finally, what did you decide about Carol's hearing this week? 
Trust all is well with you.
Sumner

In a message dated 1/31/2010 8:56:20 P.M. Eastern Standard Time, waonicole@hotmail.com writes:
 I apologize we have been really busy so I am a tad late. The matters we are currently dealing with:

Mindy - The Black Leopard that was born in 1993, has a large mass that has been growing in size for the past 2 years -- We were considering removing the mass, however if it is cancer which most likely it is, she will not survive past 6 months from the date of removal. To sedate her and put her through xrays, mri and removal - would be costly and risky. We are considering Euthanasia with all that has been discussed with Dr. Finkelstein and 1 other Veterinarian - this would be a logical decision.

Brody - A male Macaque had a severe break and separation in a digit (toe) on his back R foot. We transported him to the clinic and Dr. Finkelstein amputated. The next day as he was recovering, he became ill and it was a concern that he had tetnis. Dr. Finkelstein came to WAO and placed him on some IV Fluids, anti-biotics and other meds(toxin treatments). He was very ill today and she had to euthanize, we will be doing a necropsy tomorrow.

Tomorrow, we are also vaccinating the domestic cats and continuing with the testing.

Myrna Leal (Caretaker) transported a group of domestic cats to a facility for adoption.

Newsletters- Due to difficulty with the postal service, there was a delay in the last 2 sets that I sent out. This should be corrected on Monday and they will then resume.

We have hand carried 1,000 newsletters to surrounding neighborhoods and businesses and will continue through the week.

We are holding a Valentines Day event to allow enrichments for the animals and sponsorships.

There will also be an open house (new beginning) celebration in March that KONO Radio is going to be attending as well as holding a rock n roll party at WAO.

Will and I are meeting with Jefferson State Bank tomorrow to make some financial arraingements and changes to the accounts.

I will be meeting with the gentleman on the bear enclosures on Wednesday evening.

TCEQ - We have submitted our suggested changes in the way we clean our enclosures at Talley Road to meet their guidelines and as far as I know there has not been a complaint.

USDA - We have completed our renewal application for our permits and they have given us until April to complete the fence.

Pericos Restaraunt - will allow us to hold a fundraiser event in the near future.

We have received many compliments from Veterinarians, primate specialists and visitors on the health of our animals. We have had many visitors that would like to act as consultants.

We have put out our first email newsletter which is receiving response - I will send a copy.

Litigation - Will and I will be meeting with the attorneys on Thursday. We have requested our own discovery and I will forward copies of this to you as well. I will be completing all items requested from their (Asvestas) side. If there is anything that you as a board can handle, that would help a ton. Any statements you can provide will be needed by Wednesday.

The guys are still working on the recycling of items and we are trying our best to accomplish everything.

Nicole Garcia

From: SMatthes@aol.com
Date: Mon, 1 Feb 2010 00:02:08 -0500
Subject: Re: Activity Report and Other Information
To: waonicole@hotmail.com
CC: w.westcpa@yahoo.com; Sherwood.samuel@gmail.com; michelleanthonycryer@yahoo.com

Nicole:  Thanks for this update.  I would also like an update on the following:
Leslie Road Deed
BOD Sept 21 Minutes
Detail Listings for 2006 thru 2009.
Information I asked about on BOD Member and Kim's action.
Do you have any information on Carol? What do they want to know?  I'll be glad to provide whatever the state want by email is that is O.K.
Are you going to transfer all  the banking from Jefferson to Credit Union?  What about outstanding loans from Jefferson to WAO?
How's the finances? 
Have you considered additional temporary administrative help to assist in taking some of the work load off of you?
Stay well.
Sumner
February 1, 2010


I have very sad news to report.  Brody took a turn for the worse and was humanely put to sleep so he would not suffer any longer.  I'm heartbroken for I had hoped he would recover.  Brody was very sick, we just didn't know how bad his health was at the time he was diagnosed with TB.   At least he did not die alone... Brody was loved and he will be missed.  God Bless Brody's Soul in Heaven.







On a lighter note:  I am so happy the small domestic cats are finally receiving health care.  I'm worried about a couple of cats because of the lack of care they received while at the WAO:
From: avianexoticdvm@satx.rr.comTo: waonicole@...
Subject: cats
Date: Mon, 1 Feb 2010 21:57:54 -0600

Here is the record and bill for today’ s services rendered
Histopath will be billed separately and sent by Texas Vet Path Associates

Ariana Finkelstein, DVM


Later:

I never got a chance to thank Dr. Finkelstein for all her service to the animals.  So, thank you Dr. Finkelstein for helping the WAO critters, great and small, during their time of need.  You saved lives that otherwise would have been snuffed out by the other vet and WAO directors.

I just wished the animal caretakers took better care of the domestic cats as they deserved just as much love as the tigers.  Too often I found overflowing litter boxes, exposed feces laying all over the enclosures' rock hard floors, and urine soaked blankets.  I've tried speaking to the ladies (animal caretakers), but I don't think they really cared whether or not the cats lived or died  Often I stayed behind after everyone left, just so I could clean and add fresh litter to the boxes.  I tried pointing this out to the workers, in the hopes that they would actually do their job and care for the cats.  Instead I was met with excuses and snide remarks.  I just don't understand how the workers could ignore the needs of these precious kitties.  After all, they are equal in spirit to the big cats in God's eyes. 

Febuary 3-4, 2010   

From: Jenna Elizabeth [mailto:jenna.elizabeth517@yahoo.com]
Sent: Wednesday, February 03, 2010 10:36 AM
To: Nicole Asvestas; avianexoticdvm@satx.rr.com
Subject: hurt vervet tail

Attached are photos of the vervet with the frost bitten tail. He keeps on picking on it, and it looks much worse than the Long-tailed Macaques' tails.

-Jenna Peters



My take:  Since the monkeys did not have heat boxes in the winter, frost bite tails were common at Talley Road.  The WAO board of directors and animal caretakers who ignored the animals' suffering should be ashamed.

 From: avianexoticdvm@satx.rr.com
To: waonicole@hotmail.com
Subject: FW: hurt vervet tail
Date: Thu, 4 Feb 2010 12:04:01 -0600

Nicole- still haven’t heard from you- so I do not think that I will be able to schedule the varvet today.- I will have no availability this weekend- unless you will bring her to I 10 at night- I am working Fri-Sat and Sun.

Will be able to schedule for Tuesday

AT any rate she should be on antibiotics and  pain meds- call me to discuss so I can call in a prescription if needed
From: Kristina Brunner  
Sent: Wednesday, February 03, 2010 11:50 AM
To: Dr. Finkelstein
Cc: Nicole Garcia
Subject: Omega 3 liquid capsules for WAO animals

Greetings Dr. Finkelstein:

I just received a generous donation of Omega 3 250mg and 300mg liquid capsules for the WAO animals.. 

What animals may receive the Omega 3 (ie. bears, wolves, tigers, lions, cougars, etc) liquid capsules?

What should be the dosage be per approximate pound for each authorized animal?

Your assistance in this matter is greatly appreciated!
 



From:  Ariana Finkelstein, DVM
To: 'Kristina Brunner'
Cc: 'Nicole Garcia'
Sent: Wednesday, February 03, 2010 7:33 PM
Subject: RE: Omega 3 liquid capsules for WAO animals

What is the trade name? just Omega 3?  Is there a liquid or capsule or just a gel capsule type thing?
I believe that Bubba, Tsavo, and Lance at Leslie Rd is receiving them- and if not they can start
Tally rd Mindy (panther) is also getting them  And Royal can start them
 
I would give 2 of either size capsule to any of the above except Mindy she would only get one capsule! Due to her smaller size. The dosage difference between 250 and 300 is minimal
 
Ariana Finkelstein, DVM



From: Kristina Brunner
Sent: Thursday, February 04, 2010 12:34 AM
To: Ariana Finkelstein, DVM
Cc: 'Nicole Garcia'
Subject: Re: Omega 3 liquid capsules for WAO animals
 
They are just Omega 3 liquid capsules (not powder or gel).  Can the wolves, tigers and bears take the Omega 3 as well, or should they be limited to the animals mentioned in your email below? 

Kindest Regards,

Kris



From: Ariana Finkelstein, DVM
Subject: RE: Omega 3 liquid capsules for WAO animals
To: "'Kristina Brunner'"
Cc: "'Nicole Garcia'"
Date: Wednesday, February 3, 2010, 11:21 PM

Why are we supplementing the others?
How many bottles do you have?



From: Kristina Brunner
Sent: Thursday, February 04, 2010 8:18 AM
To: DVMAriana Finkelstein
Subject: RE: Omega 3 liquid capsules for WAO animals

A donor donated 3 bags of Omega 3 for the animals.  In light of the animals' past diet, I was not sure if the wolves and such can take Omega 3



From: Ariana Finkelstein, DVM
Subject: RE: Omega 3 liquid capsules for WAO animals
To: "'Kristina Brunner'"  
Cc: "'Nicole Garcia'"  
Date: Thursday, February 4, 2010, 10:57 AM

Wolves can  - but what are they currently eating? Triple A meat? What else?



Date: Thu, 4 Feb 2010 09:14:49 -0800
From: kbrunner@...
Subject: RE: Omega 3 liquid capsules for WAO animals
To: avianexoticdvm@satx.rr.com
CC: waonicole@...

Greetings Nicole:

Do you happen to know what the wolves are eating right now?




From: Nicole Garcia
Sent: Thursday, February 04, 2010 1:38 PM
To: kbrunner@...; avianexoticdvm@satx.rr.com
Subject: RE: Omega 3 liquid capsules for WAO animals

Beef and chicken. Same as the big cats. We need a supplement

Nicole Garcia



From: avianexoticdvm@satx.rr.com
To: waonicole@...
Subject: RE: Omega 3 liquid capsules for WAO animals
Date: Thu, 4 Feb 2010 17:14:39 -0600

Aren’t they getting Triple A meat?



From: Nicole Garcia
Sent: Thursday, February 04, 2010 5:56 PM
To: avianexoticdvm@satx.rr.com
Subject: RE: Omega 3 liquid capsules for WAO animals

We were unable to get the triple a brand this month and we are looking for another source. This month we are feeding chicken and red meat and we still need to add a supplement because we ran out of the clovite. I mentioned this to you before the last visit. I spoke to USDA and they stated that we could do this without harming them.

Also, until 2 weeks from now, funds are low.



From: avianexoticdvm@satx.rr.com
To: waonicole@...
Subject: RE: Omega 3 liquid capsules for WAO animals
Date: Thu, 4 Feb 2010 19:18:48 -0600
Got it- didn’t realize that you ran out of triple A…
Am looking for an appropriate inexpensive supplement… but with the triple A you really do not need one…
Did you look into Dallas Crown?  Or Nebraska meat products?

Here is a supplement for raw meat from Mauzuri – 58QC  http://shop.mazuri.com/mazuricarnivoresupplement.aspx,   http://www.mazuri.com/PDF/58QC.pdf
This may be the best option for when feeding raw
They also have a complete carnivore diet- you may be interested in that but I do not know if they will eat a kibble diet
They have a supplement also for the meat diets 57uX, http://www.mazuri.com/PDF/57UX.pdf

Both may fit your needs in either situation….
I prefer the natural meat diet –triple A or similar as opposed to a raw diet with supplementation….

Omega 3 won’t hurt either with the raw meat diet- 1 pill per animal per day…

FWIW.

From: SMatthes@ 
Date: Thu, 4 Feb 2010 21:13:25 -0500
Subject: Re: Quick hits - Lots for irons in the fire.
To: w.westcpa@ ; michelleanthonycryer@  waonicole@hotmail.com; Sherwood.samuel@ ; nicole.garcia@wildanimalorphanage.org; sherwood.samuel@ 


All:  Looks like Will is in an upbeat mood.  That's good, we all need a little good news occasionally.

I know you all have had a full plate down there with the financial mess, the AG and now the lawsuit.

As to the finances, I'm looking forward to getting the financial and business plan, including the cash flow statement on the $375+ contribution. That is something that might be beneficial in the law suit.

I certainly agree with whatever needs to be done to bring the Leslie Road facility up to proper standards.  Trust that some of it can be done "in house" maybe with the help of Samuel's people.

As to Talley, I have some reservations on it. First, I don't know if we want to expand the Talley facility for public tours.  I've always felt that Talley was a true sanctuary and should not be commercialized.  The animals there are not used to having large numbers of humans around them and could very well become stressed out.  I guess that I want to stress that WAO is a sanctuary and not a zoo.  I had also hoped that we could close out the tours at Leslie sometime in the future.  However, from a practical standpoint I understand the financial requirements of the WAO and I know that the tours do bring in some of the money that we need to operate.  What I'm talking about here is long term goals and ideas.  If we can increase our donation base to sufficently care for the animals the tour system could slowly be closed out over the years and the emphasis would then be placed totally on the care and welfare of the animals.  This is just my thinking on this and is input as requested by Will. 

On to the lawsuit.  I attended, by phone, the hearing yesterday at which Carol requested that she be paid unemployment compensation.  The hearing was 2 hours long and I did not really get that much out of it except for 3 items.  One.  Carol stated a number of times that she never stated that she "quit" during the Sep 24, 09 Board Meeting.  Karen typed up a copy of the tape and I find that she actually did say that she quit in two specific places. Unfortunately, her statements were not totally typed in the formal typed minutes. I suggest that the BOD amend the minutes ASAP to include the entire statements that she made.  Second:  Ron has apparently already received authorization for his unemployment compensation.  I don't know how he did that without a hearing as required for Carol.  Nicole is checking this out and I would like to know what she determines.  Third: During the hearing Ron stated specifically that they owned the 7+ acres that make up the Leslie Road facility. In all of the research I've done on this I believe that Ron sold the WAO this property and that a deed to it was signed by Ron and Carol.  I have not been able to actually find that deed on the Internet and I hope that someone at WAO can go to the appropriate deed office and get a copy.  I do not, under any circumstances want Ron and Carol to be considered as owners.  Maybe our lawyers can get this for us.  I think it is very important. As I understand it we will be meeting with the lawyers next week.  I am looking forward to that as I have many things that need discussing, i.e. was a formal Police Report made when they were called about Carol and Ron being in the office and removing items? This was another item that was brought up at the hearing.  I was asked if I was physically present when this incident happened.  Of course I was not and the only knowledge I had was statements for WAO personnel.

I agree with Will.  I think we should fight this until a legal decision is made.  I only hope we can afford the legal costs.  I think we have more than sufficient evidence to justify our terminating Ron and Carol and, as I see it, that's the bottom line.

I assume we will be getting a report from Will as to his meeting with the lawyers today.

Sumner  

February 5, 2010

Date: Wed, 3 Feb 2010 08:36:20 -0800
From: jenna.elizabeth517@...
Subject: hurt vervet tail
To: waonicole@...; avianexoticdvm@satx.rr.com
Attached are photos of the vervet with the frost bitten tail. He keeps on picking on it, and it looks much worse than the Long-tailed Macaques' tails.

-Jenna Peters



Poor vervet.  Even when heat was provided to the monks during the cold weather, there were still frost bitten tail injuries.  One could only imagine how much worse it was when there was no heat provided to any of the monks. 

February 6, 2010

From: avianexoticdvm@satx.rr.com
To: waonicole@hotmail.com
Subject: donations for vet care...
Date: Sat, 6 Feb 2010 14:31:37 -0600
Hi Nicole- this came up this weekend with regular rescue groups and they received a good response…
Have you ever considered setting up an donation drive/account for veterinary care only- you could market it in 1 of 3 ways- donations used just to 1. feed the animals- diet produce, supplements- to help keep them well, 2. preventative care- heartworm, vaccinations, deworming, TB testing, physical exams with immobilization, 3. Emergency care ie unexpected emergencies- bite wounds, frost bite, lameness etc.
If marketed right- you can raise money solely for food and vet care and it wouldn’t interfere in your normal fund drive…it may even increase routine donations if they know the money will be used in a specific way…
These are just thoughts….thought this may help you….
February 7, 2010

In a message dated 2/7/2010 11:44:45 A.M. Eastern Standard Time, waonicole@...writes:

Dear Board;

I received a package yesterday explaining that Carol Asvestas was granted her unemployment. I would like to appeal this decision and compile a package for their review. Does anyone have anything they would like to add to the package? I will put my portion together and send it to you for review prior.

On Monday, I will scan the packet from TWC and send it for your review.

Thank you,

Nicole Garcia



From: SMatthes@...
Date: Sun, 7 Feb 2010 12:33:06 -0500
Subject: Re: (no subject)
To: waonicole@...; w.westcpa@...; michelleanthonycryer@...; sherwood.samuel@gmail.com

Nicole and All BOD Members: 

We must be very aware of the time factor in getting an appeal back to TWC.  I believe that they give us 10 days, or 14 days from the date the packet was mailed.  (Not when it was received).  I, of course, have input for the appeal. As you all know, I attended the Hearing, by phone, last week.  The items I have listed below where all part of the hearing questions. 

1.  Since Carol "quit" and we have the tapes that confirm this, these tapes must be forwarded to TWC as part of the appeal.

2.  Because she was terminated by the BOD the minutes of the termination action must be forwarded to TWC.

3.  Does anyone have a copy of the Police Report that was made when Carol and Ron went into the Leslie Road Office and removed WAO property files etc?  We need to send it to TWC. Also, we need to send them a copy of the list of items that they removed from the office.

4.  I am not that familiar with the Texas law, but I don't understand why this is not being handled under the Employment at Will Doctrine, which certainly applies to and allows our action to terminate.

5.  This needs to all be discussed with our attorney.

Although I certainly do not agree with the TWC decision, I believe that if we can not get this overturned it will become an issue of concern relating to the lawsuit.

Sumner 


From: SMatthes@...
Date: Sun, 7 Feb 2010 14:09:56 -0500
Subject: Re: (no subject)
To: waonicole@...; w.westcpa@...; michelleanthonycryer@...; sherwood.samuel@...

To All:  At the Sept 28, 2009 BOD Meeting I made the following motion, after Ron and Carol had chosen to and had left the meeting. "Motion:  Sumner  Matthes made a motion to put Ron Asvestas and Carol Asvestas on 90 day unpaid Administrative Leave until Board members had time to study the documents and reach a decision regarding their employment status at WAO.  This motion was seconded by Michelle Cryer and passed unanimously." 

This was the legal authority to place them on Administrative Leave. 

After the Leslie Road thefts, that occurred on the same day after the meeting, and after the resignation of Andrew Behaine and Chris Morton the remaining 3 BOD members conducted a formal BOD meeting and voted to take the action to terminate the employment of Ron and Carol.

For the record I have a copy of a letter, dated Sept 29, 2009, that was sent by attorney Eric Turton to Ron and Carol advising them that they had been placed on administrative leave effective Sept 28, 2009.

To my knowledge Eric Turton did not provide any such letter to Ron and Carol advising that they had subsequently been terminated.

Sumner  

In a message dated 2/7/2010 1:03:48 P.M. Eastern Standard Time, waonicole@...writes:

One thought. If the board has anything stating that they officially accepted Carol's voluntary resignation---emails or anything. This would help. Do you guys have anything?

I am tied up today, tomorrow and Tuesday due to a 5 year business plan that I am working on drafting and because I will be in Austin on Tuesday to meet with some people and request the OAG documents.

Michelle, we have had some things come up that we are working hard on, can you help us by making copies of the info I want to be given to the OAG. You can take it to Kinko's, let me know. I will pull everything and let someone else do the entry.

Thank you
 

February 8, 2010
From: csuroiu@...
To: waonicole@...; w.westcpa@...
CC: EPullen@...
Date: Mon, 8 Feb 2010 13:47:30 -0600
Subject: Turton v. WAO case: Turton suffered a heart attack
Nicole and Will,

 We recently received a letter from Ms. Click informing us that Eric Turton has suffered a heart attack and requesting that the Turton v. WAO case be removed from the trial docket.

 I am attaching both her letter and our response.

 Whether he had a heart attack or not remains to be seen. However, as defendants, it is to our advantage to agree to remove the case from the trial docket at this time. I will keep you updated on any other developments in this case.

 Please don’t hesitate to call me if you have any questions.

Thanks,

Cristina M. Suroiu
Pulman, Cappuccio, Pullen & Benson, LLP

From: waomary@...
To: waonicole@hotmail.com; avianexoticdvm@satx.rr.com
CC: waokimberly@...; waomichelle@...
Subject: Animal Meds and Issues
Date: Mon, 8 Feb 2010 05:54:18 -0600

We are going to need amoxicillin (liquid) today (Monday) for Cinnamon (Barbary macaque) and the vervet male.

Lance (tiger) seems to be having a hard time with his leg. He was limping pretty badly on Sunday.

Lady (Leslie tiger) was bitten on her left ear by Lulu (through the fence) Sunday afternoon. Also, she has some abrasions and a possible bite on her tail.

Thank you,

Mary


February 9, 2010


From: waomiked@...
To: waonicole@...
Subject:
Date: Tue, 9 Feb 2010 10:01:53 -0600

hi nicole,

   Just shooting you an update on mindy. Her mass has actually seem to decrease by about 35 percent and her over all diet and coloration of tongue seems to also be improving. She has been being very playful, and purring. I beleive the meds she has been taking has made an improvement. The spots on her tummy also seem to be healing. k Talk to you soon.

mike

From: waonicole@...
To: avianexoticdvm@satx.rr.com
Subject: FW:
Date: Tue, 9 Feb 2010 10:04:04 -0600

What are your thoughts.

Nicole Garcia
From: avianexoticdvm@satx.rr.com
To: waonicole@...
Subject: RE:
Date: Tue, 9 Feb 2010 16:13:55 -0600
                                                  
                            AS long as she is doing ok- I think we
can continue to monitor or consider surgery- it is possible that the masses were infected and are Cox 2  sensitive (I was hoping for both) so the medication is helping decrease the size- I can do a visual exam on Thurs and we can reassess and re consider surgery.
If she is doing well- continue all meds as directed for another 2 weeks

Discontinue the amoxi at that time and continue the tramadol, EFA and metacam



Oh thank goodness Mindy's health is improving.  I knew the vet recommended she be euthanized due to the large mass on her belly and because of her age.  I just wanted to make sure Mindy had every opportunity to live, if that is what she wanted.  And it looks like Mindy is a fighter!  I am so glad Nicole did not rush to put her down!  I am so saddened that Mindy had to suffer this long without medical care.  What was the WAO Board of Directors thinking?  


And now Sabu? 

From: waomiked@...
To: waonicole@...
Subject:
Date: Tue, 9 Feb 2010 18:53:08 -0600

Hi nicole,

    Heres a few pics of sabu he was bitten by atti a few days back. I took a few pics of it i'm not sure that it is to terribly bad but am more concerned about the area it  is in. Basically at the tail hip area. i have seen worse and have been watching it closely i am just wondering if u think that it may need vet attention. He is cleaning it himself regularly and the pics kinda look worse than in person but thought i would run it by you to see what you think. Weeping a little, but he is still walking "normal" for sabu and seems to not be in pain. I am wondering if we just squirt a rinse to help keep clean may do the trick. Let me know what think.

thank you
mike

I remember seeing this wound last month and the bite marks looked smaller back then.  I was told Sabu was already under medical care, specifically antibiotics.  So, why does the above email read like this was the first time it was reported to the vet? 

February 12, 2010

More health treatments for the forgotten domestic kitties:
From: avianexoticdvm@satx.rr.com
To: mary.reininger@...; waonicole@...; waokimberly@...; waomary@...
Subject: skinny kitty blood results
Date: Fri, 12 Feb 2010 16:50:23 -0600

Hi all,

Reviewed skinny kitty blood work- we should have started metronidazole yesterday for the diarrhea.  I am also adding Pennicillin G for the elevated white count- can someone make sure she gets a shot today and once daily for the next 7 days?? Total dosage Is 0.06 cc SQ once daily

Please call me to confirm you received this.

Thanks,

Ariana Finkelstein, DVM
February 13, 2010
From: avianexoticdvm@...
To: waonicole@...
Subject: FW: bubba
Date: Sat, 13 Feb 2010 10:13:51 -0600

From: drfpetemergency@...
Sent: Saturday, February 13, 2010 12:01 AM
To: avianexoticdvm@....
Subject: bubba

my recommendations for Bubba

Oh no.  On top of everything else, Bubba may have internal parasites?  Makes me wonder how many other animals may have parasites too.  All that rotten slimy green chicken really did a number on Bubba.  My poor Bubba.


 
On Sat, Feb 13, 2010 at 6:07 PM, Will West <w.westcpa@...> wrote:
mso-add-space: auto; mso-margin-bottom-alt: auto; mso-margin-top-alt: auto;"> All -

First - I would like to schedule a BOD meeting for this Friday after 1 pm.  Our attorneys will attend to discuss legal matters.  Please advise of a "best time for you and plan on about an hour.  I would propose we cover legal first and then go into other matters giving legal the opportunity to get off the meter when their part is over.  In addition, since she is a party, they have asked that Karen attend.  I will contact her individually.

Now -

Further to Sumner's question regarding communication - couldn't come at a better time as so much has transpired only this week.  I planned to cobble together a "week in review" for the board over the weekend and while I recognize that excuses are unacceptable, we have really been shagging fast ball hit grounders to third base for the last 10 days.  Having said that, here goes:

WAO Weed in Review - 2/13/10

Issue: Cash - Just now WAO is in a working capital tight spot, living week to week with payroll looming each week and having to triage payables, etc. depending on status.  Certainly not uncommon for an entity like ours, but not comfortable either.

Solution(s): (1) I signed the Jefferson Bank docs yesterday PM collapsing all our fixed asset ("f/a") debt into a single instrument with a 36 month payout at 6.25%.  A small step to be sure, but it does save +/-$2,500 per month is debt service cash flow.  This was the first item in our restructuring proposal.

Side note: Due to my first exposure to Jefferson Bank via our prior legal counsel, I was laboring under the assumption that they were simply not a candidate for our ongoing banking needs.  However, after Nicole and I met with their Senior V.P. Commercial lending where we proposed a new overall debt structure and my subsequent meeting (described below), I am now convinced they may well be a real candidate.   
(2)  I again met with Jefferson's SVP Commercial for about 2 hours last Thursday.  A copy of the material I presented him with is attached.  The Reader's Digest version is as follows:  After collapsing the existing f/a debt, the Bank would review our '08 Audit Report and '08 990.  The Band (and IFAW, discussed below) also wanted draft financials for '09 and our business plan (known to us as our short and medium term budgets and goals), which I am working on now for submission to the BOD for approval ASAP.  Note that in the interest of time, I plan to deliver these docs to the Bank and IFAW with the caveat "pending BOD approval".   We would then move forward with the restructuring toward:

a)      a fixed asset facility with a little room under it so as to facilitate the acquisition for disposition of say. $10k+ trucks, etc. without having to re-tool the entire note.
b)      conventional long term financing on all real estate (probably excepting Leslie)
c)      establishing a conventional working capital draw note or revolver to better handle the ebbs and flows of cash
While a good plan, and most definitely shoppable to other banks, this takes time.  Our working capital tight spot is now, so last Thursday I met with the Bank again, this time for about 2 hr.  As more accurately delineated in the attached memo (and now would be a good time to give it a good read), they were very receptive to the following:

"We are in a tight spot for working capital.  Having said that, we also have over $600k in non-liquid asset collateral value (not "fair market value"), a portion of which we would like to utilize now, and as follows:"

·        Prior to the "big restructure", i.e. immediately - let's do the following: 
·        Set up a working capital facility for WAO in the amount of $225k. 
·        First disbursement will be to extinguish the existing seller financing on "Talley 2".
·        Balance to cover working capital needs up to the "big restructure" which will likely reduce the working capital facility balance to zero but reduced and maintained for use on an as needed basis.
·        Collateral: All WAO assets except Talley 1, which is still encumbered by seller financed debt.  This would include Leslie which, after extensive research into the historical transaction records revealed some interesting facts, we still have support for even hazard a S.W.A.G. as to collateral value.
·         
Result: The only bank debt WAO will have is to Jefferson Bank - a fixed asset note covering encompassing the old fixed asset notes and a working capital note which will likely be interest only until the overall restructuring or when it is maxed out.  If it were maxed out prior to the restructuring plus some reasonable time, the bank would likely have us term it out at some point.

The bank was very receptive (as they should be, since they would be collateralized several times over) and offered to expedite the loan and make it "pending" the appraisal on Talley 2 holding up.  Note: I think the appraisal will fulfill our highest expectations as the property was purchased during a severe real estate crises in Texas and it is not encumbered by any special use facilities.

Ok, that is right now.  Now, the near future:  Nicole has done an excellent job in renewing and improving WAO's relationship with the International Federation for Animal Welfare, "IFAW".  They appear quite pleased with the recent changes in management, the Board, culture and Company and have expressed a high interest in "partnering" with WAO going forward.  They also have our Audit Report and Form 990 and are awaiting our draft ("unaudited") 2009 financials and business plan.  I cannot overstate the importance of this relationship.  IFAW is an international funding organization, best described as follows: Say a person or entity desires to donate a large sum for the care of animals.  Said person doesn't have the time or skills to scrub down every organization as to viability and performance.  Enter IFAW - that is what they do, and they do it in large denominations.  Case in point: IFAW provided $175k of the $225k used to buy Talley 2.

In that connection Nicole and I are assembling a "business plan" (I call it a forecast and budget) that really articulates the goals and aspirations of a new Company under new management.  It will include a move to Talley; Talley consisting of well built state-of-the-art animal enclosures, a clinic, new animal enclosures capable of handling many new rescues, state-of-the-art (and legal) animal transport capabilities and a new office/gift shop and tour capabilities.  Overall, this represents a "new and improved" WAO as opposed to the same old Company content to simply continue status quo.  I would like to think that IFAW would be quite interested in participating, perhaps on a staged basis, in this plan.  In my review of the historical agreements, IFAW's only conditions pertain to dispositions of property they help fund (WAO must give IFAW the opportunity to recapture the initial grant if they like) and significant "credit" signage, etc.  I'm prepared to offer that each officer and director will get a plainly visible IFAW tattoo it that's what it takes.

In summary, we are tight, with a great deal of value to put to use and we are working hard on doing just that.  Look for draft 2009 financials and business plan early next week.

The good stuff:

Animals: are healthy with only the ordinary occasional issues to be expected.  In addition, Myrna alerted Nicole to some Tigers needing rescue in the Rio Grande Valley (TX) and I understand they are expected today.  Nicole can fill in the blanks on this one at the BOD mtg.

System and related personnel: Utilization our accounting system for more than just accounting is coming along nicely.  It can track donors in multiple ways, giving Nicole the ability to focus her fund raising dollars and efforts more efficiently.  Marsha Adams has assumed the administrative duties and Kim Meyer has moved into the internal accountant/bookkeeper role.  This at my request due to my needing a great deal of Kim's time immediately, our historical investment in her learning the system, and providing WAO the ability to have Kim handle the day to day matters and thus reducing my hours to say, a day or two per week in the oversight/review mode.

Rodeo: Nicole has been trying to get a booth at the heavily attended San Antonio Stock Show and Rodeo for some time, no openings.  At the last minute she was called with an opening - rodeo provided the booth for the duration, about 19 days I think, for $1,200.  Nicole jumped on it and at last check we are already seeing results via donations and visitors, many saying "Gee, we didn't even know you were there..." and thus highlighting the fund raising opportunities that are in our back yard. 

Television: Further to WAO's need for local exposure, Nicole engineered a great deal on a set of television commercials.  In summary, for $10,000 (credit extended by KSAT) WAO will bet exposure to nearly 1MM people in S.A. and surrounding area.  The station estimated 990,100, but I round up.  This is a Nielson Rating number, so some of these "exposures" may be to the same people more than once, but that's good too.

Other: I have taken up the charge in handling legal matters and that is going well.  Nicole is quite focused on animal care issues and is in the process of applying for several grants and pursuing all other fund raising opportunities she can while continuing to extricate herself from minor personnel and other issues.  It's working.

In closing, yes, WAO is in a tight spot financially, but it is not unmanageable and will be handled.  WAO is doing what WAO does best - care for wild animals.  That's the business we're in.  I also believe now more than ever that WAO's future is quite exciting.  As to communication - my bad.  I have a character flaw in that I can get so focused on the "right now" issues that I neglect to report and inform properly.  I would hope to keep you all better informed in the future.

Thanks for your patience,

Will

_________________________________________________________________________
It’s my opinion Will did not emphasize enough that the WAO was in deep financial trouble as it had no cash on hand to pay the bills.  Even I knew WAO was in real trouble only because I cared enough to ask in person what was going on at the WAO. 

Back then, I truly believed that the WAO could overcome its financial difficulties, but sadly time was not on the WAO’s side.  We did some amazing things to improve the animals' lives in such a short period of time and yet Will was the only one to acknowledge all the positive changes.

I suppose even if Will told the board how bad the situation really was, no one would have DONE anything to fix the problems, other than point fingers at one another, blaming everyone but themselves for the WAO financial mess. 

February 10 - 15, 2010

From: Corrine Lutz
Sent: Monday, February 15, 2010 2:52 PM
To: Kristina Brunner
Subject: RE: Enrichment Training for WAO Employees

Kristina,

Unfortunately I will not be able to arrange a visit here for your staff.  However, you may get some enrichment ideas for your monkeys and apes from our enrichment device manual.  The link is below.  We are currently working on an enrichment “cookbook” containing recipes and nutritional information for food enrichment, but that is not yet complete.


Feel free to contact me with any enrichment or behavioral questions that you might have.

Sincerely,
-Corrine

Corrine Lutz, Ph.D.
Director, Behavioral Services
Southwest National Primate Research Center
Southwest Foundation for Biomedical Research
P.O. Box 760549
San Antonio, TX 78245
phone: (210) 258-9729
fax: (210) 475-4339

From: Kristina Brunner
Sent: Thursday, February 11, 2010 10:01 PM
To: Corrine Lutz
Cc: Kris Murthy; 'Nicole Garcia'
Subject: Re: Enrichment Training for WAO Employees

Greetings Dr. Lutz

The WAO staff is very excited to learn more about your enrichment program.  Due to limited staff, we can only send two animal caretakers, one from each location (Leslie Road/Talley Road).

I'm not sure what your schedule looks like for early March -- but if you have an open appointment, the staff will work around your schedule.  Please let me know of your availability so I may coordinate the enrichment training with the WAO employees.

Thank you for this amazing opportunity, Dr. Lutz!  Our caretakers are eager to learn new enrichment techniques so they can provide a better quality of life for the WAO's human and non-human primates.

Kindest Regards,

Kristina Brunner

----- Original Message -----
From: Kris M.
To: Kristina Brunner
Cc: Corrine Lutz
Sent: Wednesday, February 10, 2010 10:45 AM
Subject: RE: WAO News

Dear Kristina:

If Mindy has normal appetite and more energy, it would be tough decision to make. With regard to
with your query regarding vegetation in the chimp enclosure, we have only regular green grass. I have
good news on the enrichment front. Yesterday, I talked to our Director of Enrichment and she has
agreed to meet with you and anybody else from WAO and provide guidance on the enrichment
program. Please contact Dr. Corrine Lutz at clutz@  (210-258-9729) for more information.

Thanks.

Regards,
Kris

Krishna K. Murthy, DVM., PhD
Department of Virology and Immunology
Southwest Foundation for Biomedical Research
7620 N.W. Loop 410
San Antonio, TX 78227
Tel:   210-258-9422
Fax: 210-670-3330

From: Kristina Brunner
Sent: Wednesday, February 10, 2010 11:08 AM
To: Kris Murthy
Subject: RE: WAO News


I agree too, Mindy's quality of life was not as it was in the past.  Ironically, Nicole reports the leopard is eating like normal and has more energy.  This has got to be a tough decision for both Nicole and the vet.

On a different note, I'm working on grant proposals, and I was wondering, besides grass, what other type of vegetation may be introduced into the primates' enclosures?  I would like to keep it simple, but still provide the animals with some "greenery."  Would you happen to have any photographs of chimp enclosures with vegetation which would help me proceed in the right direction? 

Also, any recommendation on types of enrichment items that are safe for chimps that will last awhile?

Many thanks!

Regards,

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, 2/10/10, Kris Murthy <kmurthy@sfbr.org> wrote:

From: Kris M
Subject: RE: WAO News
To: "Kristina Brunner" , "Kaitlin C"
Date: Wednesday, February 10, 2010, 9:23 AM
Hi Kristina:
I am really sad to hear the news regarding the monkey; however, with regard to Mindy I felt
that tumor had compromised her quality of life and after seeing her condition I was not convinced
that she would survive the stress of surgery and post-op recovery. I concur with the decision made
by the Veterinarian. Let me know if I can be further assistance.
Best regards,
Kris

Krishna K. Murthy, DVM., PhD
Department of Virology and Immunology
Southwest Foundation for Biomedical Research
7620 N.W. Loop 410
San Antonio, TX 78227
Tel:   210-258-9422
Fax: 210-670-3330

From: Kristina Brunner
Sent: Monday, February 08, 2010 10:13 PM
To: Kris M; Kaitlin C
Subject: WAO News

Greetings Kris and Kaitlin:

Sad news to report.  The macaque with the missing diget did not make it.  He was put to sleep by the WAO vet due to what she believed to be advanced tetnus.  The long-tailed macaque took a turn for the worse before he was euthanized.

Also, Mindy, the black spotted leopard will also be put to sleep this Thursday.  The vet and Nicole do not believe she would survive the extensive surgery required to remove the tumor and uterus.  Mindy was born in 1993, so she lived a long life at the WAO.  I will miss her.

Wish I had happier news to report.  Take care - Kris


February 17, 2010
From: avianexoticdvm@...
To: waonicole@...
Subject: FW: Monkey Vasectomies
Date: Wed, 17 Feb 2010 21:14:35 -0600
Hi Nicole,
This is from you e mail from Jan- no mention of tetanus  (you can provide the vax- 1 cc  for each, you can also provide Pen G – 2.5 cc for the larger one and 1.5 cc for the smaller baboon as a precaution) or Rabies vax, ask them to draw one purple top and 3 tiger top blood tubes- you can supply the tubes you have them. Have them spin down the samples and then submit one purple top and one tiger top to Antech, separate out the serum and place in a plain glass tube and freeze for later viral analysis.
No mention of TB testing- Please make sure you ask them….if they will not do it maybe you can keep them separate for 1 more day and I can come down and Friday and do it….You can also send 3 doses for their vet to inject- one as a back up …that way the actual bottle can stay in your refrigerator…
I can speak with their vet if you would like- just let me know.

If the varvet is coming to southeast animal hospital tomorrow- they will probably want a check at the time of pickup …if not I will need to make arrangements prior to the varvet arriving
I set up an appointment at 1:15 pm tomorrow if that will work for you…I am going to recommend bringing 1 dose of tetanus- 0.5cc and 1 dose of TB – 0.1 cc  in a 1 cc syringe (maybe bring a second dose so I have it if something happens…If we cannot arrange this for tomorrow- I can stop by and check him out on Friday…
Let me know what you would like me to do…
Thanks,
Ariana Finkelstein, DVM

From: Nicole Garcia
Sent: Thursday, January 07, 2010 1:04 PM
To: avianexoticdvm@...
Subject: FW: Monkey Vasectomies

I think I was off a couple of dollars but here is the response.

Nicole Garcia
 



Subject: Monkey Vasectomies
Date: Thu, 7 Jan 2010 08:48:48 -0600
From: meganm@...
To: waonicole@...

Hi Nicole,

 I apologize that we have not yet been able to start on the vasectomies.  The holidays always complicate things with vacations and such.  Noelle forwarded your e-mail so I could try to answer some of your questions and concerns. 
            The sedatives we use will depend on the type of monkey, any known medical conditions, and my assessment of their overall condition when I see them.  The drugs we commonly use are some combination of ketamine and xylazine and occasionally diazepam (valium).  We then intubate and maintain them on isoflurane (we can use sevoflurane if you prefer, but this will greatly increase the cost per procedure and I am just as comfortable using iso in most cases).   They will be given pain meds and an injection of antibiotics.  The procedure for each animal may vary slightly depending on their anatomy and any complications that may arise.  I estimate the average cost to be ~$125. 
            Will you want microchips placed?  Microchips are ~$11 a piece.  I will need to know ASAP if you want them microchiped so we can have the supplies ready.  Please also let me know if you will want blood work done or any other procedures performed while the animals are sedated. 
            If you have any other questions, don’t hesitate to ask and we will try to get the first monkeys scheduled for next week.  Would Thursday work from your end?

Thanks,

Megan McAndrew, DVM
Wildlife Rescue & Rehabilitation 
February 18, 2010
From: csuroiu@...
To: waonicole@...; w.westcpa@...
CC: BBenson@...
Date: Thu, 18 Feb 2010 14:08:35 -0600
Subject: WAO: Status of AG investigation
Dear Will and Nicole,

Buck and I spoke with Mr. Anthony regarding the status of the AG investigation. He stated the investigation will likely come to an end soon and that there are only a couple of loose ends.

There are several documents he would like as soon as possible:
(1)    The 2009 and 2010 WAO budget; and
(2)    The 2009 audited 990 and 2009 financial statements.

He stated the closing of the investigation would take the form of a Assurance of Voluntary Compliance which will likely contain these elements:
(1)    Governance – a statement and acknowledgement that the WAO Board of Directors is and shall be the exclusive governing body of the organization.
(2)    The executive director will not be permitted to be a board member. All officers will not be permitted to sit on the board.
(3)    WAO loans to board members and officers shall be prohibited.
(4)    Financial reporting requirements: (a) each year’s 990 shall be prepared based upon financial statements audited by an outside accounting firm; (b) financial statements will be available for the public to inspect for the three preceding years.  He stated he also wants these financials to be available on the WAO website at some point.
(5)    The WAO Board shall have to approve all newsletters and information posted on the website or shared with the public.
(6)    WAO shall have to maintain its assumed name certificate with the Texas Secretary of State and ensure this is current (I verified this and it is current and will expire in September of 2016).
(7)    Articles of Incorporation shall have to be amended to state the current mission and purpose that is listed on the WAO website.
(8)    Bylaws should be amended to state some of the above provisions; likewise he stated it would be prudent to reduce the number of board members from 5 to 3.

Mr. Anthony also stressed that while not part of the Assurance of Voluntary Compliance language, a successful closing of the investigation also depends on taking proactive steps to ensure that before WAO incurs any major spending (like taking on new animals), it will first:
(1)    Purchase a commercial general liability insurance policy for the Leslie and Tally road property;
(2)    Provide either workers compensation to its workers or some sort of other formal plan for protection in case of on-the-job injury; and
(3)    Update its liability coverage for its vehicles.

Mr. Anthony also indicated that the WAO will have to reimburse the AG’s office for the cost of this investigation. While he did not have an exact number at this time, he stated the costs of the investigation are likely in the neighborhood of $25,000.00. He stated a payment plan could be worked out if needed.

Please provide me the: (1) 2009 and 2010 budget and (2) 2009 form 990 and audited financial statement for 2009, as soon as possible.

Likewise, please forward this email to all of the other board members and do not hesitate to contact me if you have any questions.

Sincerely,

Cristina M. Suroiu
Pulman, Cappuccio, Pullen & Benson, LLP
What OAG investigation?  According OAG's public statements, the Office took a "wait and see" stance.  I sent the Charitable Trust Division timely evidence almost on a weekly basis for years.  If anyone should charge money, it should be me, to the tune of $26k to the OAG!  Shame on the OAG for trying to shake the WAO down for money when there was no real investigation and NO criminal charges levied against the WAO Board of Directors!

February 20, 2010

At a crucial time, the WAO board of directors are attacking each other!  Ridiculous!
Date: Sat, 20 Feb 2010 12:41:28 -0600
Subject: Yesterday's BOD meeting
From: sherwood.samuel@...
To: SMatthes@...

Sumner,

I got an email from Michelle, she said she talked to you yesterday evening after the Board meeting and that I should call you. I don't have your telephone number so I will talk to you here and if you have any input I would welcome it. My phone is 775-315-8434.

Yesterday after you hung up Will became very verbally abusive toward Michelle. I was able to make my points supporting the separation of powers between the board and administration and he refused to discuss it. When Michelle tried to talk to him he completely shut her down, interrupted her and demeaned her. She rose her voice at him matching his adamant outbursts of passive aggressiveness until he essentially said he quit the accounting and we could find someone else to do that on Monday.

It turns out he has been charging us $55 per hour for 40+ hours a week since October, and up to 70 hours a week. I wanted to get the actual bills but was unable to. It is my opinion that we don't need an "oil and gas" CPA doing the books, we need a general bookkeeper who is honest and conscientious which would cost probably more like $40 an hour. I agree with the AG that we need to separate the management functions and guidance overview of the board. So did Michelle. When she tried to ask him questions about it he became verbally abusive and swore using foul language inappropriate to a woman, and in a business environment. He cut her off, and got up and walked out on her as she was trying to talk to him.

I think in regards to this problem we need to look at what we have paid for. In the last 5-6 months, at a cost of $8,800 a month to $12,000 a month, by his own statement, what have we got to show for $44,000-50,000?. I think we need to ask ourselves in the last 5-6 months of him helping Nicole what do we have?

The bears still don't have a proper enclosure, we still don't have the accounting done, and we are still looking at three law suits that could have been settled much cheaper and easier than what we are dragging them out to be.

Well, I am new, and you have been here working on this for years now, so your input is very valuable to me. However, I recommend we add two more BOD members like the charter says we should have, and I would like to recommend we ask the attorney Christine who was at the meeting to be one of them. I think her input, or the other gentleman with her, would be a very good stabilizing influence and might get some free legal advice out of it.

As for will quitting, I think he will calm down. If he doesn't I think we can not have someone who yells, swears, and blows up at other board members. I don't know if you have the ability to come out here and see the situation for yourself, but if you can, I would recommend it, and welcome your visit and input.

Kind regards,

Samuel
775-315-8434

From: SMatthes@...
Date: Sat, 20 Feb 2010 20:29:23 -0500
Subject: Fwd: Yesterday's BOD meeting
To: waonicole@...

Nicole:  Comments??  Please keep this between you and I for the time being until we can work out a plan.

Sumner
From: SMatthes@...
Date: Mon, 22 Feb 2010 14:32:28 -0500
Subject: Re: Yesterday's BOD meeting
To: waonicole@hotmail.com

Nicole:  I can't believe you have no comments.  I understand that Will is working today.  What is the status on Samuel?  Sumner

From: waonicole@hotmail.com
To: smatthes@...
Subject: RE: Yesterday's BOD meeting
Date: Tue, 23 Feb 2010 10:24:29 -0600

Sumner,

I have many comments but have been tied up with harrassment from Ron and Carol. Every day there is someone here that is investigating complaints made by them. I have alos had a sick tiger that we are tending to as well as electric work that I have been working on letters and grants as well as attorney requests.

I thought I sent a brief email with comments. I dont have any more to say that this because I feel that this is a conversation that samuel should not have started with everything else that we have going on.

Please scroll down and you will see my comments in red.

Thank you sumner and I hope you feel well.

Nicole Garcia

Sumner,

I got an email from Michelle, she said she talked to you yesterday evening after the Board meeting and that I should call you. I don't have your telephone number so I will talk to you here and if you have any input I would welcome it. My phone is 775-315-8434.
I feel that Michelle and Samuel have frequent conversations without our involvement.

Yesterday after you hung up Will became very verbally abusive toward Michelle.
Will was not abusive toward michelle. I was able to make my points supporting the separation of powers between the board and administration and he refused to discuss it Honestly, Samuel should not have brought this up at this time. Not when there is 200,000 on the line that will is a huge part of making happen. . When Michelle tried to talk to him he completely shut her down, interrupted her and demeaned her. She rose her voice at him matching his adamant outbursts of passive aggressiveness until he essentially said he quit the accounting and we could find someone else to do that on Monday. He quit because samuel has not taken the time nor michelle , to come here and have anything to do with what is going on. They love to talk and question but have NO clue what is going on. He quit because Samuel compared him to my parents - even though he still has no clue what my parents have done, or what will has done. If they are so concerned, then why are they not helping? why is it left up to me and will but they are asking questions about stuff that they want no hands on involvement. EX: I asked them to create roles and descriptions for board members so we can recruite more- this was 2 months ago.....have not got anything yet. Michelle was supposed to help with OAG copying, nothing yet.

He has been charging us $55 per hour for 40+ hours a week since October, and up to 70 hours a week. I wanted to get the actual bills but was unable to.
There has been no request for bills. Where did this come from? It is my opinion that we don't need an "oil and gas" CPA doing the books, we need a general bookkeeper who is honest and conscientious which would cost probably more like $40 an hour. I agree with the AG that we need to separate the management functions and guidance overview of the board. So did Michelle. When she tried to ask him questions about it he became verbally abusive and swore using foul language inappropriate to a woman, and in a business environment. He cut her off, and got up and walked out on her as she was trying to talk to him.

I think in regards to this problem we need to look at what we have paid for. In the last 5-6 months, at a cost of $8,800 a month to $12,000 a month, by his own statement, what have we got to show for $44,000-50,000?. I think we need to ask ourselves in the last 5-6 months of him helping Nicole what do we have? 
I want to know who else would come in for this amount of cheaper and spend countless hours trying to work through the mess that was left for us to deal with? Let him find someone but you know what? He can't, no one will deal with all of the fine points of what is going on and what we are having to do because this happened for so long.

The bears still don't have a proper enclosure, we still don't have the accounting done, and we are still looking at three law suits that could have been settled much cheaper and easier than what we are dragging them out to be.
I have a stack of emails proving communication with the guy who was going to help. Where is he? He has not returned any of my emails that I sent in the last 2 weeks. And I provided all the information that I have regarding the bears and it was not good enough for him. Professional welders (the ones he is providing) are supposed to go out and get the measurements themselves, build their plan then come to me and tell me what they need to complete the enclosure. I can not walk out there when they choose to show up and hold their hand. They have 2 students, high school kids that I don;t know that I want working on our enclosures but until he comes to meet me, I dont know what he is offering.

Well, I am new, and you have been here working on this for years now, so your input is very valuable to me. However, I recommend we add two more BOD members like the charter says we should have, and I would like to recommend we ask the attorney Christine who was at the meeting to be one of them. I think her input, or the other gentleman with her, would be a very good stabilizing influence and might get some free legal advice out of it.

As for will quitting, I think he will calm down. If he doesn't I think we can not have someone who yells, swears, and blows up at other board members. I don't know if you have the ability to come out here and see the situation for yourself, but if you can, I would recommend it, and welcome your visit and input.

Kind regards,

Samuel
775-315-8434

February 22, 2010

From: waomichelle@...
To: waokimberly@...; waonicole@...; waomary@...
Subject: FW: Animals at Talley
Date: Mon, 22 Feb 2010 23:20:11 -0600

I called the office, this morning, to report medical issues with Judy Baboon and Stu Chimpanzee.  Judy has a large growth on the 4th toe of her right foot.  Stu sounds congested and has a cough.

After speaking with Marsha, I learned Dr. Finkelstein was still on site, so I called and spoke with her, as well.  During the course of our conversation, we also spoke of Royal and Sabu. 

I sent her stats on all four animals, as well as photos of Judy's toe and Sabu's bite wound.  These photos are attached.

Dr. Finkelstein recommended starting Stu and Judy on amoxicillin.  She would really like to have Stu taken in for x-rays.  She has started Royal on the same treatment/meds as what Lance is getting, over at Leslie.  She would like to examine Royal closer, to make sure that nothing is broken.  I mentioned to her that Royal appeared to have lost weight, since the last time that I saw him, four weeks ago.  She asked that we stop giving him meloxicam, in case this is causing the weight loss.

Sabu will continue on antibiotics.  For now, he is to be on them another 3 days.  She may change her mind, after she sees the photos, but she will let us know.

Future Pharmacist,
Michelle
--------------------------------------------------------------------------------
From: waomichelle@...
To: avianexoticdvm@...
Subject: Animals at Talley
Date: Mon, 22 Feb 2010 23:05:31 -0600

Dr. Finkelstein,

Here are the stats and attached photos for the animals we spoke of today:

Judy (intact female):

Issue: growth on the 4th toe of her right foot
Species: Olive Baboon
Age: 24 years old
Started on amoxicillin 2/22 in the PM
Photo attached



Stu (vasectomized male)

Issue: cough and chest congestion
Species: Chimpanzee
Age: ~50 years old
Started on amoxicillin 2/22 in the PM

Royal (neutered male)

Issue: having difficulty walking
Species: Tiger
Age: ~22 years old
Taking tramadol.  Will start taking same course of meds as Lance, beginning AM of 2/23.
Seems to have lost weight over past few weeks.

Sabu (neutered male)


Issue: bite wound in rear area, near base of tail
Species: Lion
Age: ~20 years old
Taking amoxicillin since 2/11

Photos attached.  Wound near base of tail still open.  


From: avianexoticdvm@satx.rr.comTo: waonicole@...; waomary@...; waomichelle@...; michelle.reininger@...
Subject: feb 21 visit- notes are written in for your records...
Date: Wed, 24 Feb 2010 00:04:33 -0600

I need to get you dewormer for Bubba

Ariana Finkelstein, DVM
The following email between Will and Sumner was very interesting -
From: SMatthes@...
Date: Sat, 20 Feb 2010 20:29:23 -0500
Subject: Fwd: Yesterday's BOD meeting
To: waonicole@...

Nicole:  Comments??  Please keep this between you and I for the time being until we can work out a plan.

Sumner

In a message dated 2/22/2010 1:22:45 AM Eastern Standard Time, w.westcpa@... writes:

Sumner -

Kinda busy around here and I let it get too late to call.  I have come down out of the rafters, and yes, I'll be in the WAO offices tomorrow.  Contrary to popular belief, I do have a great deal of integrity along with a strong emotional attachment to WAO.  In that connection and both professionally and personally, I feel strongly that you, Nicole and I need to talk through the alternatives and get WAO back to a coherent plan ASAP.  We have some hurdles, the three primary ones being Samuels naiveté, inexperience, ignorance, and dishonesty, Michelle's being Samuel fan due to his irrational trashing of Nicole, and our need for another BOD member or two that are both rational and that have more than two brain cells to rub together.

Anyway, let's talk, preferably tomorrow morning getting our thoughts together and maybe again in the PM after getting through the work day.
Will

From: SMatthes@...
Date: Tue, 23 Feb 2010 14:20:46 -0500
Subject: Re: Sorry I missed your call.............
To: w.westcpa@...
CC: waonicole@...

Will:  I've had a bad cold for the past few day but it's getting better now.  I will try to call you at about 7:00 PM your time today if that is O.K.  I've given this whole thing a lot of thought and the only real answer I've come up with is to ask for the resignation of Samuel and Michelle. I believe you have that authority as outlined in Article Five of our bylaws.  Also I'm concerned about Nicole being harassed by Ron and Carol.  It would seem that all they are doing is pointing out problems that they initiated and can be used against them if we have to go to trial.  Let's talk about it tonight.

Sumner

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