For 120 days, Miami-Dade County was fighting to euthanize a dog its owners said was seized illegally.
A judge agreed, ordering the county to release the dog. And then, the day after Help Me Howard with Patrick Fraser aired last week, the county attorney’s office made a phone call.
Louise Davis had not seen her dog for 120 days until she walked out of animal services with Precious.
Louise Davis: “I’m ecstatic to see that she’s in such good shape. Really?”
Precious, wearing a county-mandated muzzle, kept putting her paw on Louise’s arm, not wanting to let go of her.
Louise Davis: “Baby is coming home.”
It’s a new beginning for Precious after a bizarre battle with Miami-Dade County, determined to euthanize her, and Louise and her husband Scott fighting to bring her home.
Scott Davis: “Extremely difficult for both my wife and I.”
Back in March, Scott opened the gate to move his boat in. A boy was riding his bike on the dirt road in the Redlands.
Precious darted out and bit the boy once on the leg.
Scott Davis: “I’ve accepted the fact that I was negligent in this particular case.”
And a terrible accident turned into a travesty Scott believes.
Nearly six weeks later, animal services and several Miami-Dade Police officers showed up with a court order to seize precious and euthanize her.
Scott Davis: “This dog is like a child to me. I’ve had this dog for a decade.”
Scott hired well-known animal rights attorney Lauren Peffer who was shocked at what she found.
Lauren Peffer: “And then going and taking someone’s property without due process, without their side of the story, that should freak you out.”
The county held a hearing without notifying Scott they were putting Precious down. Then drew up three court orders signed by two judges that were based on several factual errors.
The order to seize the dog, signed by a judge, was actually a case of a tenant eviction that had nothing to do with the owners of Precious.
The bite victim’s mother said the animal services investigator told her it was not the first time Precious had bitten someone. Not true, just the boy.
The affidavit from the county said Precious had bitten the boy twice. Again not true, just once.
Lauren Peffer: “I mean, you gotta, you gotta be pretty disturbed by this.
Lauren filed an appeal to block Precious from being put down.
She also asked Miami-Dade to at least show Davis a picture of Precious to prove she was still alive. The county’s attorney, Christopher Wahl said no.
Lauren Peffer: “But they have no cause of action that they could bring before this court, to dictate to us, how we are taking care of the dog.”
Judge Diana Gonzalez Whyte later ruled the decision to seize precious without Scott being notified of the hearing violated his rights and state law. She said to return the dog.
Diana Gonzalez Whyte: “If it’s possible, by the end of the day today, I think that would be ideal.”
The county attorney agreed but that weekend worked to file this appeal to block the Judge’s order to return the animal.
Two days later Judge Gonzalez Whyte issued another order in bold letters ‘RETURN THE DOG’
The county attorney filed another appeal to block that leaving Scott both, despondent and furious.
Scott Davis: “It’s unbelievable. Absolutely.”
The assistant county attorney wouldn’t talk to us about his reason for refusing to at least show the family a picture of Precious or why the county attorney’s office was working weekends, spending tens of thousands of dollars to fight a case based on factual errors.
Our story aired, and we were inundated with emails from people, outraged about the county’s actions.
Maybe it was a coincidence but the next day Lauren got a call from the county attorney’s office.
Lauren Peffer: “Well, the county wants you to have the dog back. They’d like it to be as soon as possible. And I was like. Well, okay, that’s great.”
24 hours later Precious was back home and the law that was used to seize her has been ruled illegal by a county judge.
Scott Davis: “Vindicated. Totally vindicated, they can’t do this to somebody else anymore.”
And that may be why the county tried so hard to put Precious down.
Here are 21 separate court cases where Miami Dade declare a dog dangerous and seized them to euthanize them without the owners being notified of the hearing and given a right to tell their side of the story.
The ramifications of that, Howard?
Howard Finkelstein/ 7 News Legal Expert: “I believe Miami Dade County fought so hard because the owners of those 21 dogs have a federal lawsuit. Their dogs were taken, like Scotts, through a violation of their constitutional rights, if those owners sue and win that means the taxpayers could be on the hook for an enormous amount of money.”
Lauren saved Precious in court.
Lauren Peffer: “When when we got off camera, I mean, I dropped a tear.”
Precious will have to get used to the county order nasal, when strangers are around but she is happy back in Scott’s lap.
Scott Davis: “That’s right, you are not going anywhere, I love you too, You are home.”
Precious is home, She won.
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