TEARS
ALL CRIMINAL CHARGES AGAINST TEARS FOUNDER TERRA COTROMANO DISMISSED
by the judge
(Jan 25, 2011)
ALL of the criminal animal cruelty charges against Terra Cotromano (TEARS founder) were dismissed after the criminal "case" was heard by the judge. >>> (Alabama's 13); >>> (FOX 6) plus comments; >>> (Birmingham News) plus comments. Text of Judge Eric Fancher, Sr.'s order of dismissal of criminal charges against TEARS founder Terra Cotromano. >>> (here); >>> (pdf)
NOTE: Defense has relayed that the following should be mentioned:
1) On July 30 , 2010, the facility had been closed and denied maintenance for seven months.
2) The state was allowed to present its ENTIRE CASE, including all witnesses and evidence, before the judge's decision was made. (See item 4 of the judge's order. Text of Judge's dismissal of criminal charges against TEARS founder Terra Cotromano. >>> (here); >>> (pdf))
NOTE that there was no need for the defense to even present its case. [ed. (SS)]
...
"Here it is, almost 1 year later and the legal battle is still not over. That means Terra is still on her own, with no income, ...
"She is in the fight of her life right now. ...
"If you can send any amount of money to help Terra, it would be greatly appreciated. (Walmart or other grocery gift cards are welcome too). If we all pitch in, it would mean so much."
-- from a 10/25/10 email from Robyn Bennitt, one of the attorneys representing Terra Cotromano pro bono.
(Please note ahead of time that in the "Questions" section of this page there is a definite "slant" — expression of concerns about the raid on TEARS, the effects of closing it down, and questions about some of the reporting on the matter. -- ss [ed.])
TEARS stands for The Emergency Animal Rescue Service. It mainly serves Birmingham and the surrounding area. In a joint action involving the Jefferson County Sheriff's Department and others, TEARS was raided and functionally shut down in late December, 2009.
Civil and criminal legal actions are involved. There is a civil suit that involves, among other things, a dispute about who constitutes the board of directors of Tears. There are animal cruelty charges against Terra Cotromano, disputed executive director.
There is what might reasonably be called a "spirited debate" about this matter.
Some of the legal documents pertaining to this matter can be found on the 4th floor of the Jefferson County Courthouse (Birmingham) in the civil case clerk's room (case No. CV200903752).
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QUESTIONS:
WHAT HAVE THOSE WHO SHUT DOWN TEARS DONE TO REPLACE THE SUFFERING-ALLEVIATING RESCUE FUNCTIONS TEARS PROVIDED?
HOW MANY ANIMALS HAVE BEEN LEFT TO EXPERIENCE GREAT SUFFERING (SAY, AFTER HAVING BEEN HIT BY A CAR OR TRUCK), BUT WOULD HAVE BEEN HELPED BY TEARS?
WERE ANIMALS EUTHANIZED AT ANY OTHER FACILITIES TO MAKE ROOM FOR ANIMALS (ABOUT 200) TAKEN FROM TEARS?
WHO ALL TOOK PART IN PLANNING THE RAID ON TEARS?
ARE THERE ANY POTENTIAL CONFLICTS OF INTEREST INVOLVED, i.e., is there any organization involved in the shutdown that stands to gain, say, financially, from the shutdown of TEARS?
DID THE RAID ON TEARS BEGIN ON THE EVENING OF DEC 30 JUST BY CHANCE? Or were those who planned it also thinking it would be difficult if not impossible for anyone on the other side to reach a judge to stop the raid until after the long holiday weekend?
HOW BALANCED HAVE THE MAINSTREAM MEDIA BEEN IN COVERING THIS MATTER? See, for example, the March 11 report by WBRC Fox6. >>>
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WEB SITES:
"GoPetition" Web site: "For Terra Cotromano and TEARS." Recommendation: read through the comments. -- ss (ed).
>>>
"About TEARS" blog by pita7763
>>> (new blog)
"for Terra" Web site; items by multiple authors
>>>
"Higher Ground for Animals" blog by Victoria Nichols
>>> (multiple pages concerning TEARS)
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SELECTED QUOTES FROM MAINSTREAM MEDIA REPORTS:
NOTE: Comments associated with several of the items below are recommended for perusal, especially by those with a high level of interest in this matter.
3/11/10: "Each person at the meeting saw a differeint aspect of alleged mismanagement at TEARS -- ..."
-- from the WBRC Fox6 report "TEARS founder Terra Cotromano arrested"
>>>
3/11/10: "... charged with 20 counts of animal cruelty to a dog or cat...
-- from the "TEARS founder [Terra Cotromano] arrested and charged with animal cruelty," report by Carol Robinson of The Birmingham News
>>> (plus numerous comments)
1/25/10:
"... They are being prepared for adoption, which is a mission of TEARS. ..."
-- from the report "TEARS animals likely to remain at other agencies, Jefferson County judge says" by Erin Stock of The Birmingham News. >>> (plus comments)
1/15/10:
... "The animals removed from the TEARS facility are being held at the Greater Birmingham Humane Society, Birmingham-Jefferson Animal Control and at various veterinarian offices. Some are available for adoption, ..."
-- from the report "Animal rescue group litigants agree to leave donations alone" by Erin Stock of The Birmingham News. >>> (plus comments)
1/3/10:
..." 'Overcrowding brought about a lot of problems sanitary problems were the biggest thing we saw. (sic) ...' ..." [from reported statements by veterinarian Dr. Mark Pelham]
-- from a report " 'TEARS' Animal Cruelty Investigation" by Kimberly Rankin of cbs42. >>> (plus a few comments)
1/2/10:
... "Lepore said there were about three heat lamps in the trailer, and the cats were huddled in 'small masses' trying to get as close as possible to the lamps."...
-- from the report "Board members at TEARS release video of trailer crowded with cats" by Marie Leech at The Birmingham News. >>> (plus comments)
1/16/10:
NOTE: When I clicked this afternoon on the links (in the above B'ham News article) to the three videos reportedly released by the reported TEARS board of directors, in each case the response was that the video had been removed by the user. -- ss (ed.)
1/2/10:
"... The deputies spent four days overseeing the animals' removal and medical treatment. ..."
-- from the 1/2/10 report "Animals Treated, Removed from Tears Property" by Honora Gathings at abc33/40
>>>
1/2/10:
"… Upon entering the trailer the group found furniture coated with feces, urine, and mucous. 'Every cat was struggling to breathe,' said David Young. ..."
-- from a reported press release (showing a date of 1/2/10) from the TEARS board of directors, posted on the "Higher Ground" blog. >>> [scroll down to "TEARS Press Release (Birmingham)"]
1/1/10:
... "She said the real issue behind the accusations and her firing Wednesday is a power struggle." ...
-- from the report "Some animals removed from Birmingham-area rescue agency for additional care" by Sherrel Stewart of The Birmingham News. >>> (plus comments)
1/1/10:
"... 'All of the agencies agreed from the onset that none of the animals would be euthanized.' " ...
-- from the report, "No TEARS animals will be put to to sleep, board spokeswoman says." by Sherrel Stewart of The Birmingham News. >>> (plus comments)
12/31/09:
...
" 'The judge issuing a temporary restraining order has only heard one side of the story,' said Lawden Yates Jr., an attorney who worked for the TEARS board and is now assisting Cotromano. 'Terra and the group of members have not been afforded an opportunity at this time to tell their side of the story.' "
-- from the report "Birmingham animal rescue agency director denies allegations of cruelty" by Erin Stock of The Birmingham News. >>> (plus comments
12/31/09:
... "The executive director of The Emergency Animal Rescue Service has been fired by its board of directors amid questions about expenditures and the treatment of animals at the facility located in Mulga."
-- from the report "Animal rescue agency investigates director on cruelty allegations" by Erin Stock of The Birmingham News. >>> (plus comments)
Note to mainstream media: Please inform me (editor SS) of new reports or any reports we seem to have missed: >>>
Note to all: please inform me of any Web sites primarily devoted to or containing a significant amoount of information about this matter: >>>
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SELECTED QUOTES FROM NON-MAINSTREAM SOURCES:
1/14/10:
"... When nobody else cared, Terra did. ..."
-- from a comment by signer 43 (Joni Crowe, McCalla, AL) of the 1/13/10 petition "For Terra Cotromano and TEARS" >>> (plus comments)
1/2/10:
"… Upon entering the trailer the group found furniture coated with feces, urine, and mucous. 'Every cat was struggling to breathe,' said David Young. ..."
-- from a reported press release (showing a date of 1/2/10) from the TEARS board of directors, posted on the "Higher Ground" blog. >>> [scroll down to "TEARS Press Release (Birmingham)"]
1/2/10:
"... it is important that everyone know I was hired by the board and recommended by the legal folks ..."
-- from a 1/2/10 email sent out by Allison Black Cornelius
>>>
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