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<br />1 While reasonable people may hear and see the same thing differently, in this instance Mr. <br />2 Miller is trying to save the life ofhis "closest friend" "BEAR", while Mrs. Sergent is grieving th <br />3 death, and dealing with the killer, of her "companion", "Cookie". <br />4 Santa Ana Police Department Animal Services Officer Santra Howey, investigated the <br />5 case and interviewed the only two witnesses, Mr. Miller and Mrs. Sergent, each admittedly with <br />6 bias. After careful review of the conflicting statements the investigating officer came to the <br />7 conclusion that classified "BEAR", the Rottweiler, as a "vicious dog". <br />8 First Issue: <br />9 Was there a prior hearing by a neutral from St. Vincent DePaul Society where the issues <br />10 were heard and determined thus making this hearing moot as "res adjudicate"? <br />11 Argument by Mr. Miller based upon logic and confusion of S.A.P .D. and their dropping 0 <br />12 some charges. <br />13 The City Attorney rebutted, saying that Municipal Code procedure requires an Appeal of <br />14 the Animal Control Officer's determination that in fact was filed by Miller and his then counsel. <br />15 The court: A hearing results in a written opinion and decision. None has been provided b <br />16 Miller. Santa Ana City Attorney states that none exists as the "hearing" was abandoned before it <br />17 began and not in compliance with Santa Ana Municipal Code regulations. <br />18 Finding: No such alleged hearing took place and this. "Appeal" tribunal is free to act, hold <br />19 a hearing and ultimately rule and is not impeded by any "res adjudicate" determination. <br />20 Second Issue: <br />21 Is Bear the Rottweiler a vicious animal consistent with Santa Ana Municipal Code? <br />22 Daniel Miller, angrily, erratically, aggressively, attacked the City of Santa Ana Police and <br />23 Animal Control Investigator as well as Mrs. Sergent, and her former, now deceased, <br />24 CHllIUAHUA. His position was that Bear was on an unbreakable leash, that he always walked <br />25 the Rottweiler on the specially designed unbreakable leash, that Cookie, the CHllIUAHUA <br />26 attacked him; that this dog was aggressive and always attacked him and his dog, while circling <br />27 and remaining just out of reach; that he Miller slipped on oil in the car port and that the <br />28 <br /> <br />2 <br /> <br />18A-4 <br />