Good Morning,

I think I can speak for most who subscribe to this list.....this is a
heart-wrenching situation with no easy solution. I sincerely doubt that
anyone has dismissed or brushed this tragedy aside. As for myself, I
have followed this story from the beginning in hopes of finding any
fact in law that could possibly result in a good outcome for Kim and
her missing ferrets. What makes this situation particularly difficult
is 1) the two parties involved are legally married; and 2) the alleged
stolen property has crossed into another state and out of the
jurisdiction of the alleged theft.

Because my legal speciality is not in the states in question and it is
outside family law, I am not professing to the first, last and foremost
authority in the law in this matter. State laws vary and there verily
well may be statutes in these jurisdictions that can provide relief for
Kim and if she can find a licensed attorney who can and will serve as
her advocate, god speed! Having said all of that, I can tell you this,
however.....possession is unfortunately 9-10th's of the law in most
situations, especially in marital disputes. Possession is everything
and the burden of proof rests entirely upon the party leveling the
charge of theft to provide proof that 1) the property in question rests
solely in the person filing the charge and that the accused is not
entitled to that property in any shape or fashion; and 2) that the
accused did, in fact, take possession of the property without the
consent of the party alleging the theft -- especially with married
parties! Again, since the parties involved are married (and I believe
Florida to be a community-property state anyway), and unless specified
otherwise in some sort of pre-divorce order by a court or by notarized
written agreement executed by the parties at the direction of legal
representation (attorneys), all property within that martial estate
remains "joint" until a Marital Dissolution Agreement is entered in a
court of that jurisdiction.

And the other unfortunate fact is that the ferrets are out of state
and law enforcement will simply not pursue this type of allegation
of stolen property unless you find a kind heart who has the power to
investigate the matter. A stolen property report of pets will normally
not rise to the level that out-of-state law enforcement will pursue
vigorously. Stolen vehicles, yes. Because that carries a felony charge.
Unfortunately, stolen pets is not considered a felony. The law simply
does not look at the value of pet(s) (animals) in that manner.... they
are chattel and marital chattel at that. If convicted, I have seen most
people accused, prosecuted, and then found guilty of possessing stolen
animals or stealing animals as Class C Misdemeanors. Why? Because the
law values them as less than $500 in most instances. They may be
priceless to the owners, but chattel carries little market value. The
law just does not value animals to the level of felony...unless they
are used in drug-trafficing or in dog fighting, which is covered under
the organized-crime or RICCO statutes.

I have had some experience in these sad tragedies....it occurs daily
and is not limited to pets....people in divorce situations can be soo
mean and heartless to each other, to the one's they profess to love
and care about, and the outcomes are all too sad. Unfortunately, the
law provides little relief in these situations unless there is a court
order or notarized written agreement between the two married parties.
Law enforcement is not really inclined to help -- unfortunately there
is not much local law enforcement can do as there is usually nothing in
the law that allows them to pursue a stolen property allegation against
a spouse. If there is a court order, then law enforcement can make an
arrest for violation of the court order and that person can be brought
before the judge who signed the order and something can be done then.
If there is a viable written, notarized property agreement before a
MDA is reached by the court and dissolves the marriage, then law
enforcement can make an arrest. Beyond that, there is little that can
be done.

Since I work for a law firm, my cats and, especially my ferrets and
shelter, are solely my property. This agreement was executed long
before we were married and remains in full force and effect in the law.
It's not that I do not trust my husband nor that I believe he would
ever do anything to harm them (I would not be with him if I thought
that for one millisecond), I am just that organized. Most people never
think of the worst-possible scenarios and prepare, but my chosen
profession has long ago taught me to spell everything out in law so
there would never be any dispute. But, who can foresee it all...no one.

Lastly, you cannot prosecute a third-party who is either given or
lawfully purchases property from someone whom the law describes as
being an owner - thus, Kim cannot have the person who bought one of her
ferrets from her soon-to-be estranged husband prosecuted for receipt of
stolen property since the transaction was lawful.

It absolutely breaks my heart, this story. I have seen and heard so
many versions of this tragedy....it's awful what people do to each
other just to be hateful and mean and so many times, either pets or
children are taken from loving owners, abused, killed .....

Kim is doing the only thing she can do within her limitations. Keeping
her story out there in hopes that some (or even one) of these stolen
babies is found in a rescue or someone finds her story on Craigslist
or in other media.

Tonite, as I have done soo many times before, I will pray for Kim and
the return of her beloved ferrets. I wish you all the best and I will,
as I have always, keep my eyes open wide for some sign of any of your
missing babies.

Respectfully submitted,
Maren Qualls
Raisins From Heaven Ferret Rescue
Hernando, MS

[Posted in FML 7011]