Friday, September 25, 2009

Dog waste case trashed again

This morning's Northwest Herald reports that Algonquin's case against Carrie Fosdale has been dropped - again.

If you remember, Fosdale objected to the placement of a poop can for doggie waste in front of her home in the Old Oak Terrance Homeowners' Association territory. It was placed there by the Association, apparently without notice to or consultation with Fosdale. Now, which of us wants a smelly, mosquito-attracting can in his front yard for all dog-walkers to drop their bagged waste in??? Not I!!!

Fosdale was charged with theft, after she removed the can. She didn't steal it; she just removed it. But the "powerful" people in the Association (and some of us have had experience with those whose power has gone to their heads) claimed "Foul" and sicced the Algonquin Police on Fosdale, which put her squarely in the sights of the State's Attorney's Office (SAO).

The case was apparently dropped once on a "technicality" and then re-filed by the SAO. And then they dropped it a second time. The reason this time? "It was our determination that we would not be successful in providing that part," Deputy Chief State's Attorney Demetri Tsilimigras told the Northwest Herald. What was "that part"?

"That part" was "proving that Fosdale intended to permanently deprive the association of the dog waste can." Well, duh.... What was Fosdale going to do? Hide the waste can full of dog poop in her house?

This type of case shows the abuse of authority and incredible power of a police department and the State's Attorney's Office to wreak havoc in a person's life and bank account. It's a case that never should have made it past the patrol officer's computer keyboard. It's a dispute between the Association and a homeowner, not a criminal matter. What has Fosdale's defense cost her so far???

The cop should never have accepted a criminal complaint, and the police department should have had the guts to back up the officer. And the SAO should have had the case dismissed at the very first court appearance.

Of course, the entire matter could have been handled a different way. The Association could have contacted Fosdale to ask how she would feel about a smelly can in front of her house. Or the Association could have thought about it for five seconds and figured out what she would say. Then it could have put the dog poop can in the common area, away from any houses.

Dog owners should learn how to "curb" their dogs; i.e., you make them poop in the street. After they pick it up, the next rain might wash away what's left. And you take the poop home and put it in your own waste can, in your own garage. In the meantime, no one will have to see the poop stain in their yard or worry about kids stepping in it. Better yet, have their dogs poop in their own yards; then take them for a walk.

And you don't follow the advice in a recent "Dear Abby" column to dump it in your neighbor's trash can, just because you don't want to carry it home.

Fosdale should go back to court - this time to sue the Association over its criminal complaint against her! Go for it, Carrie! Remember: Don't get mad; get even!

If you would like to contribute to Carrie Fosdale's legal defense fund (I'm sure Attorney George Kililis didn't work for free, and there is no reason he should have), please send your checks or money orders, payable to Carrie Fosdale, to me. I'll be sure she gets them.

4 comments:

Unknown said...

too bad for you, you dont own a front yard!

Franker said...

Thats almost as bad as calling the police to have an officer right a report about someone looking at someone else

Unknown said...

Thank you Gus!!!
Carrie

Gus said...

Carrie, if I had gotten the envelope with this to the mailbox in time, I would have mailed to you. The stamp is already on the envelope, so I might just mail it, anyway.