(Bill, I apologize for this being long and hope you can fit it in.  I want
to get all pertinent facts in one place.)
 
Laurie, who helps at the North Coast Ferret Shelter, had been visiting the
ferrets in the pet shop since August.  There were 3 females and 2 males,
about 2-3 months old.  They did not sell right away, and slowly got more and
more nippy and wild.  They were obviously not being handled well enough to
learn proper behavior.
 
Laurie offered to take the worst, the 3 females, home to try to train them.
Judy, the pet shop owner readily agreed.  About a month and many bites
later, Laurie returned them.  They were now well behaved.  The grateful
owner asked Laurie to try to litter train the 2 males.  So they went home
with her for a couple weeks and were dutifully returned to the store (they
needed nip training too).  Shortly after that, Laurie noticed that one of
the males, Bear, had ear mites and possible ear infection.  Judy, not
wanting to pay any veterinary bills, gave him up to the shelter so he could
be treated.
 
On Nov 21, Jerry went to the pet shop.  He had adopted 2 ferrets from our
shelter a couple weeks earlier, and was looking for a DEW.  One of the
females at the shop fit that description, so we suggested he check there.
The owner was away on vacation, so an employee showed the ferrets to Jerry.
When the employee opened the cage, one of the ferrets lunged for her, and
was viciously knocked to the floor.  The employee then roughly shook the
sleep sack to dump the DEW out, and handed her to Jerry.  Jerry promply got
nailed between the thumb and forefinger.  He berated the employee for her
mishandling of the ferrets and left the store in pain.  He called the
shelter and told us what had happened.
 
The next day Laurie went in to find out what had happened.  Brenda the
employee admitted to the incident, but hadn't yet told Keith, who was
apparently in charge in the owner's absence.  When Keith found out, he was
very upset and concerned that Jerry might want to sue for the bite.  He was
planning on buying the store and didn't need this kind of problem.  What
what it take, he asked Laurie, to placate Jerry?  The next day Laurie came
back with Jerry's suggestion: turn the ferrets over to the shelter so good
homes can be found for them and he will agree not to sue.  Laurie and Keith
wrote up a release of ownership for all 4 remaining ferrets which he signed
as store manager.
 
On Monday Nov 24, Judy returned.  She was not happy that Keith had given up
the ferrets, and called Laurie demanding their immediate return and
threatening to go to the police if she didn't.  Concerned about how they
would be treated if taken back, and convinced she had lawfully acquired
them, Laurie said no.  Laurie immediately called me, I immediately called
our attorney, Lisa Waltz, and Lisa called Judy to try to work things out.
 
Judy refused to discuss the matter with Lisa, claiming to have her own
attorney, whose name she would not give to Lisa.  Lisa followed up with a
letter the next day, again asking for her attorney's name or that Judy give
her attorney Lisa's name.
 
On Tuesday, about 1 hour before I was leaving town for almost 2 weeks, I got
a call from the police.  Judy was there filing a theft report.  The officer
tried to cajole and then bully me into agreeing to return the ferrets.  I
told him the ferrets had been lawfully released to us.  Judy apparently
claimed Keith had no authority and was not even an employee.  I told the
officer I would not do anything without consultin my attorney, and as I was
leaving in 30 minutes for 2 weeks, it would have to wait.
 
On Mon Dec 1 (or thereabouts, I'm a little fuzzy on this date), we were told
that the matter had been turned over to the Elyria prosecutor's office, but
the complaint had not yet been signed by Judy.  So we watied.
 
On Friday Dec 12, I received a short but threatening letter from Judy's
attorney in Columbus.  From the letter, it was clear Judy had not told him
the full story.  (By the way, in that letter, Keith is referred to as a
"sales associate".  On Monday Dec 15, Lisa sent a 3 1/2 page letter to the
Columbus atty, laying out the full story and suggesting that his threats
were hollow and that if Judy is not happy with Keith's decision, she should
pursue the matter with him.  (Lisa has consulted with several other
prosecutors and attorneys who agree we are on firm legal ground.)
 
This morning we learned that the complaint had been signed.  The prosecutor's
office gave us until 4:30 pm today to return the ferrets or a summons will
be issued.  Laurie will be indicted for theft, and I may be named as a
conspirator.
 
After discussions with Laurie and Lisa, I agreed to try to offer a deal to
Judy: we would buy the ferrets from her at wholesale cost, about $200.
Inexplicably, the pet shop's phone line is having problems: it either gives
the fast busy signal or a message that this number is not in service.  We
tried to call from 3 different locations.
 
It is now after 5 pm, and the ferrets are still with us and will stay with
us.  Lisa tells us our case is very winnable, but you can never tell what
will happen.
 
Lisa, an animal lover and ferret owner, is donating her time.  If we win, we
will have no costs.  If we lose, we will have fines to pay and still be
compelled to return the ferrets.
 
I will keep everyone up to date.
 
Linda Iroff
North Coast Ferret Shelter
http://www.oberlin.edu/~liroff/ncfs.html
[Posted in FML issue 2159]