Wow, thanks for all the kind words guys.
To recap for those that don't know:
Lucy got out, got into a fight with her long-time nemesis, Bobbi, a Chihuahua that lived 4-doors down. The Chihuahua lost. Incidentally, the Chihuahua had tried to attack me, Lucy, Desiree, my two-year old son on numerous occasions, through the fence. This apparently, in the eyes of Mark Stivers and Craig Walsh (Superior court judge) doesn't constitute provocation...
We had the Sunnyvale admin hearing, the deputy chief (Mark Stivers) decided she was vicious and should be put down.
We then appealed at Superior court, the Judge decided not to change that sentence.
We then put in a motion for reconsideration and the Judge refused to hear it, citing CA agricultural code, which is interesting considering that he refused to hear the CASE under CA agricultural code.
As an FYI, Sunnyvale code says that any unlicensed animal, or animal at large, PERCEIVED to act aggressively (even if not attack was made) is considered vicious...
CA law states that a dog isn't vicious unless they cause an injury to a human that requires stitches - not the case at all here.
Attacks on domestic animals would get her a 'potentially dangerous dog' label, non of the remedies for this are euthanasia.
However, under CA law, principalities can make their own laws... which is what the judge used to justify his decision to stay with the Sunnyvale verdict, but interestingly refused to hear the motion to reconsider under Agricultural code - go figure... :|
If anyone wants to write to Sunnyvale Dept. of Public Safety, please be my guest. We collected 25 sworn statements attesting to her temperament and her total lack of danger to humans, that she's socialized numerous foster dogs within Badrap.
We're trying to get an audience with the Major - we've been told not to contact him directly, so please don't write to him directly (Unless you are his BFF of course!).
There is a precedent for the governor to issue a pardon, and for SOME mayor's, but it looks like that's down to each city's ordinance.
We're not even looking for a pardon anyway, just commute the death sentence to removal from the city would be just fine with us - we're totally OK with moving town to save her life.