Justice for Diva, Part 13 - Bat Shit Crazy

May 21, 2016 - I asked for the return of Diva from the defendant. The reasoning doesn't really matter because Diva is my dog. I wanted her back for several reasons. The defendant was being paid to handle and show Diva to obtain her AKC championship. I was paying dog show entries per the defendants instructions. The defendant wasn't showing Diva. According to the daughter, Diva was sitting in a muddy kennel run and being fed whatever dog food was on sale to sustain life.
When it came time to show Diva - excuses.
When it came time to return Diva - excuses.
When I tried to make multiple airlines reservations to make it convenient - excuses.
When my husband spoke to the defendant and said he would drive from Idaho to Missouri and defendant could hand Diva through the gate and leave - excuses.
When my attorney wrote a letter to both defendants to contact her to make arrangements to return Diva - Defendant responded with.... excuses.
When I posted on social media - WHERE IS DIVA? - There was no response except from those in her tiny circle of friends who thought I was being an asshole for making it public.
Well... WHERE IS DIVA? Simple question.
I won't back down... so I hammered away in an attempt to locate my dog. MY DOG.
Not one word from the defendant or her daughter - the last two people in possession of my dog.
What were they hiding?
Was Diva injured in the RV accident?
Was Diva being bred under another AKC number?
Was Diva dead?
There would have been no theories had Diva been returned.
Again, excuses as to why not.
I had enough and hired an attorney in December of 2016 and filed a lawsuit to get answers.
My attorney prepared the lawsuit in case Diva was dead, and in case Diva was alive and for some bat shit crazy reason Diva was being held captive - somewhere?
My attorney asked the defendants who were representing themselves to produce a photograph or a video proving Diva was alive. Excuses.
From May 2016 up until the filing of the civil suit in December of 2016, I had no proof that Diva was alive.
EIGHT MONTHS of not knowing. How would you feel? I pray you never do feel this pain and suffering.
From May 2016 to December of 2016 - NOT ONE PERSON contacted me directly or through a friend or attorney to let me know my dog was alive.
Both the defendant or her daughter could have picked up the phone, called me, my husband, my attorney or a mutual friend - but didn't.
Diva was either dead or being held hostage.
Once both defendants were served with the civil suit and read the charges, one or the other defendant should have picked up the phone and told the truth about Diva.
Neither one did.
Neither one made arrangements to send Diva home.
Instead they hired a "dog expert" attorney out of Michigan who was previously suspended from practicing law, to assist them in preparing responses to the court and to my attorney.
From December 2016 to October 2017 - both defendants represented themselves with the help of this "dog expert" attorney.
Diva has been missing for EIGHTEEN MONTHS NOW.
It still mind boggles me the lack of response from the Golden community who should be outraged. Don't think it can't happen to you.
No word from either defendant stating Diva is alive. First it was about Angel, a dysplastic dog I purchased from the defendant. The word was Diva would be returned in exchange for a Angel.
Then it was about the social media posts referencing where is Diva.
Then it was about.... then it was about....
It was about EVERYTHING but DIVA.
When both defendants FINALLY hired an attorney the first thing this attorney did was change the jury trial date, and set the date for my deposition. Great... now some progress.
My attorney arranged for both defendants depositions and at MY request set up both depositions to be videotaped.
Playing the daughter's videotaped deposition to the jury throwing her mother under the bus was second to the forensic handwriting experts testimony in showing the type of character the defendant really is.
Both defendants in their respective interrogatories claimed Diva was alive and sent by court ordered discovery (not voluntarily) a photograph of the alleged Diva - which I said was NOT DIVA in that photograph.
My attorney filed a motion to do an inspection of DIVA on December 13, 2017 the morning of the videotaped depositions.
The defendant refused to bring the alleged Diva to the law firm where the depositions are being videotaped, but agreed to allow us to inspect the alleged Diva on her property.
It shows again, the defendant is not cooperating and in control of the situation.
When I arrived with my attorney at the defendants location, I saw a Golden Retriever standing on a grooming table.
I have NOT seen DIVA, my dog since she left Idaho in June of 2015.
Diva was born August 2014, and left Idaho to go to Missouri when she was just 9 months old.
I am now looking at a Golden Retriever standing on a grooming table two and a half years later (December 13, 2017) and wondering if this Diva?
The first thing I noticed was the Golden Retriever standing on the grooming table wasn't wagging its tail. The dog was underweight, and the coat although appeared to be recently washed, wasn't in good condition.
The second thing I noticed about the Golden Retriever standing on the grooming table was that the dog did NOT display the typical Golden Retriever behavior... wiggling, trying to approach any one within petting range. Nothing.
The dog in my opinion, and remember I am a former humane investigator appeared to be drugged in an attempt to keep the dog calm.
Why does this dog need to be calm?
What is the defendant who was standing close by hiding?
Unknown to anyone, I purchased a AKC DNA swab kit.
I swabbed this dogs mouth.
Unknown to anyone, I brought my microchip scanner.
I scanned this dog and photographed a microchip number for future reference.
When Diva left Idaho to Missouri, Diva did not have a microchip.
I checked this dog for signs of being bred.
I checked this dog for a spay scar.
I can't explain to you how hard this was to go to this defendant's property, to see a dog, the alleged Diva that defendant claims is my dog, and having to leave the dog behind because of the civil nature of the case. Defendant claims she has ownership on Diva, so even if I was 100 percent sure, I could not simply leave with this dog.
I looked at the ceiling with a zillion thoughts floating through my head, ... and sadly walked away not really knowing if this dog was in fact Diva and if so why was she being held by the defendant who knew Diva was my dog.
My saving grace at the time was the DNA SWAB which would tell me the truth.
My attorney asked me if the dog presented could be Diva. I responded with "could be... not 100 percent sure."
Diva left at 9 months old. I am looking at a mature Golden Retriever who has literally sat in a kennel run for the past two and a half years with little to no socialization. I don't know.
What I do know is that I was lead to believe my Diva had died for the past two and a half years while neither defendant stepped forward to say otherwise.
What I do know is that both defendants attorneys, including the "dog expert" never told my attorney that Diva is alive and well...
What I do know is that there was never an offer to return my dog or a settlement even after the judge told the defendants attorney to make an offer during the jury trial. Defendant refused.
May 21, 2016 I asked for DIVA back. Still NO DIVA.
February 12, 2018 - After checking my post office box daily for the AKC results, two months later, it arrives - THE AKC DNA ON THE DOG I SWABBED AT THE INSPECTION IS..... DIVA!!
Diva is STILL being held by the defendant for over 634 days apparently ALIVE in a dirty muddy kennel run, fed GOD knows what while the entire time I was grieving the loss of Diva.

Back to Part 12  - Continue to Part 14
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