Abuse of power, waste of money.

Associated Press still has some facts wrong, but they are getting people to take another look.

Animal abuse case hits Jackson County's budget

Associated Press
Published December 10, 2007

JACKSON, Mich. - Jackson County is taking a budget hit after tending to more than 80 horses seized last spring in an animal cruelty investigation.

As of Nov. 30, overtime wages for county animal control employees had come to nearly 400 percent of the amount budgeted for 2007, officials said. Food and medical expenses also were inflated.

County commissioners on Tuesday were to consider transferring $84,100 for wages and $20,000 for food from its contingency fund to cover the expenses.

"All of it is related to those horses," acting county Administrator Randy Treacher told the Jackson Citizen Patriot. "Horses eat a lot."

Animal control officials in March swarmed the Turn-3 Ranch, a horse farm in Grass Lake Township about 65 miles west of Detroit. They found 69 horses - including quarterhorses and thoroughbreds - standing amid piles of trash, rusted auto parts and animal feces. Several of the horses were visibly malnourished.

The owner of the farm, James Henderson Jr. and Matthew Mercier, who managed the horses, are charged with felony animal torture relating to three of the horses.

One of the horses was euthanized for a hip injury after the seizure, and more than half of the horses were late found to be pregnant. About 15 foals were born after the raid.

A few horses were adopted out, but most were sold at auctions that raised less than $50,000 for the county, Treacher said.

Donations for the horses poured in at first, but trailed off as the case continued.

The county budgeted nearly $400,000 for its contingency fund, which covers unplanned expenses, county finance officer Gerard Cyrocki said.

Henderson and Mercier have denied that the horses were harmed.

Copyright 2007 Lansing State Journal

News flash: horses EAT and POOP without constant supervision. Really!

I hope the recent coverage condemning Jackson County is a direct result of the protest that many who oppose the seizure took part in. The general public heard nothing about this case for so long, it made it easy for them to think that everything turned out hearts and rainbows.

Jackson County animal control overtime pay 400 percent over budget after horses seized

Posted by Kristin Longley
Jackson Citizen Patriot
December 07, 2007

Jackson County officials will have to make major budget adjustments this month to reflect the costs of caring for a herd of more than 80 seized horses.

As of Nov. 30, overtime wages for county animal control employees were nearly 400 percent of the allotted amount for 2007, according to a budget report. Food and medical expenses also were inflated.

"All of it is related to those horses," acting county Administrator Randy Treacher said.

Animal Control seized a Grass Lake Township horse farm last winter, impounding the herd based on allegations of abuse. The owner and manager of the farm, James Henderson Jr. and Matthew Mercier, are charged with felony animal torture relating to three of the horses.

Another compelling article.

Latest news from the front:

Michigan horses sold as owner faces more abuse allegations

By KEVIN WALKER
Michigan Correspondent

EAST LANSING, Mich. — After the fourth and final auction of Matt Mercier’s horses, Mercier could be described as down, but not out.

“I sat there on Sunday and watched my life’s work being auctioned off,” Mercier said of the large auction on Nov. 4 at the Michigan State University Pavilion, which included horses from other states and even Canada. “They rode poor, old, crippled broodmares through the sale ring, because it brings them more money.”

Mercier’s 69 horses were seized earlier this year after reports that the animals looked underfed and that the ranch was in disarray. He and his business partner for the past 10 years, James Henderson Jr., were originally charged with misdemeanor animal abuse.

Later, the charge was upgraded to felony animal torture, which carries a possible four-year prison sentence.

A hearing is scheduled for Dec. 3, in which Jackson County prosecutors will try to introduce into evidence alleged animal abuse that occurred in the past, but where charges were never brought. Meanwhile, Mercier has started a website to tell his side of the story, and has gathered supporters. He and his supporters paint a picture of Jackson County Animal Control officers and Assistant Prosecutor Jennifer Lamp as run amuck. One of Mercier’s claims is that Jackson County Animal Control seized the horses and moved to auction them off in order to raise money for a new animal shelter.

Chief Animal Control Officer Kimberlee Luce denied this, saying the horses were auctioned off in order to pay for expenses already incurred by the county to care for the horses.

One Mercier supporter, horse hobbyist Kathy Brown, purchased two of Mercier’s seized horses at auction on Sept. 15 in Napoleon, Mich.

The other auctions were in October, in Onsted, Mich., and Napoleon. Brown said Animal Control made her sign a statement saying she wouldn’t return the horses she bought to Mercier. She said she was going to ask her attorney if the document is legal. “Do I think Matt should have the horses back? Yeah,” she said.

As a horse owner, Brown is concerned about the precedent the horse seizures could set for anyone who owns horses for fun or profit. “I have high-dollar horses,” Brown said. “I am afraid they will come in and take everything I own.”

Dr. Robert Sray, a veterinarian in Jackson County for the past 29 years and an adjunct professor at MSU, looked at the horses at Mercier’s ranch in March before they were seized. He said although conditions could have been better, it was not a case of abuse, much less torture.

“The majority of horses were not in bad condition, considering the winter,” Sray said. “Three of the horses were very thin, but that’s not unusual after a long winter. There was good quality hay there. If you looked at the horses that day, there were horses standing next to bales of hay. The whole thing of them not being fed all winter is totally ridiculous. What I saw was not unusual.”

According to Sray, the condition of the horses did not improve under Animal Control’s care. He also said, early on – before the animals were taken off the ranch property – that Animal Control Officer Heather Wheaton would not allow Mercier to have an animal with a cut on one of its legs to be treated.

“If Matt’s guilty of torture, so are they,” he said. “My personal opinion is that weather conditions caused a lot of the problems. If Animal Control had worked with him for a month, they would have seen a tremendous difference.”

Animal Control did not include Sray’s assessment of the situation in the original police report on the Mercier ranch; why they didn’t isn’t clear. According to Sray, Jackson County Animal Control has a history of aggressively trying to seize horses from horse owners in the county.

Luce denied this, saying little except, “We approach all cases the same.”

Sray insists the county could have saved itself a lot of “money and embarrassment” if it had just worked with Mercier to improve conditions at his ranch.

Keep updated by visiting the discussion board at www.GLHorseTruth.com

MFN: Lives in the Balance

Excellent article in the Michigan Farm News.

Lives in the balance

November 15, 2007
By Paul W. Jackson

Horses like these would be of no concern to animal rights extremists, right? Maybe. Maybe not, according to a number of Farm Bureau members who are concerned that any well-meaning but uninformed perception of bad care - including sparse springtime pasture - could lead to a visit from county animal control officers.

Tom Zenz was driving past his own property a half-mile from his house last spring when he saw a sheriff's car pull onto the shoulder.

"I thought he was going to cite me for speeding," said the Jackson County Farm Bureau president. "I pulled up to him to see what was going on, and he told me he had driven by once, and there was a horse lying on its side in the pasture. When he came back, it hadn't moved.

"He told me he thought something must be wrong with it," Zenz said. "So I hollered at the horse - Jake - and Jake stood up. The deputy said 'well, that's good. I didn't know what I would have done next.' Then he drove on. But I know what he would have done next if Jake hadn't gotten up or if I hadn't come by," he said. "He would have called animal control."

The mere mention of Jackson County Animal Control in the days following the county's March seizure of 69 horses amid charges of animal neglect, cruelty and torture near Grass Lake was enough to make farmers such as Zenz walk on egg shells. But now, more than six months after the seizure and about two months before the criminal trial for horse owners Matt Mercier and James Henderson, the eggshells are in pieces as local farmers seek to change what some of them view as trampled rights and a dangerous precedent that could lead to animal rights extremists dictating animal husbandry to farmers.

What is still muddled - and won't be clear until a verdict is reached in the Jan. 7 criminal trial - is whether Mercier and Henderson were cruel or negligent or merely in business over their heads, as Jackson County District Judge Joseph Filip wrote in his ruling in the preliminary examination and forfeiture hearing which resulted in seizure - and auction sale - of nearly all the horses, months before the two men were to go on trial.

"I want to make it clear," Filip said, "that I certainly don't find that Mr. Henderson and Mr. Mercier are bad people. I don't think they did any of this on purpose."

Zenz, however, takes that opinion one step further. He said the two men were guilty of nothing more than poor housekeeping.

"They may have been poor caretakers, but they didn't starve those horses," he said. "I brought over the first load of hay after this all started, and we stacked hay on top of hay, which is a far cry from what the animal control officers said when they told the press that the horses hadn't been fed all winter. I'll admit the two men are not good farm managers, but I can drive in a five-mile radius of that farm and show you horses that are in worse shape than those animals were."

Before anyone jumps to the conclusion that there are undernourished horses all around Jackson County amid debris and poor fencing, Zenz's point is that people who know little to nothing about livestock shouldn't go around condemning what farmers do. He's watched as extremist groups such as the Humane Society of the United States and People for the Ethical Treatment of Animals spent millions of dollars to push their anti-farming agenda in other states with little fact and bountiful emotion. And, he said, he would have been content to watch the Jackson County hearing on forfeiture proceed if not for his familiarity with the property - he leased it from the absentee owners many years ago - and his firm conviction that witch hunts drown a lot of innocent people before a real witch surfaces.

The innocence or guilt of Mercier and Henderson will ultimately be in the hands of a jury, although Zenz insists that biased press coverage - including an article in Michigan Farm News - has tainted the potential jury pool against them.

Attacks on the press aside, the uproar over the seizure - fueled by trial transcripts and other items posted on GLhorsetruth.com - is far from objective and at times borders on hysteria. People involved have reported death threats, threats to set their barns and houses ablaze and rumors that have no basis in fact.

Facts - and there certainly are some in this case - are hard to uncover these days because opinions tend to wrap them in shrouds of emotion. Perhaps it's enough simply to say that for every person like Zenz who is convinced that the two men are innocent, there is another who is convinced that Jackson County Animal control did the right thing for the well-being of the horses. Who is ultimately right will be for the court to decide, although the verdict is certain to be controversial.

Wrongs impeding rights

If there is any one person involved with the case who sees both sides of the issue, it may be Jim Spink, a farmer and vice-president of the Jackson County Farm Bureau and a county police officer who saw the horses first-hand and was a major source for the April Michigan Farm News article.

"Those horses were not good at all, and I know that Tom (Zenz) and I disagree on that," Spink said. "I took 20 round bales there myself, and there was no other hay there. The shape of the barns, the manure the horses were standing in, all were a travesty. But the other travesty is what's been done since then. Animal Control is just as guilty of mismanagement in how this was handled as Mercier and Henderson were guilty of mismanaging the herd."

Spink's concerns are the same as Zenz's: that allowing seizure of personal property and dispersal of that property before the accused reach trial is a dangerous precedent that leaves basic rights in shambles.

"In my opinion, Animal Control needed to do something, but they turned it into an extremely large fiasco," Spink said. "They acted too hastily and got the newspapers involved too soon, and tried to turn public opinion by trying the case in the papers before it got to trial. Everything seemed to be based on emotion, and not sound science. Since March, these men have been crucified in the local paper, and the judge (in the preliminary examination and forfeiture hearing) didn't have a clue. But the other issue that most people don't realize is that Animal Control, like the Department of Natural Resources, has powers of search and seizure that I as a police officer don't have. They can conduct a search without a search warrant based only on receiving a complaint."

Changing the laws

Disturbed by allegations and rumors that Jackson County Animal Control - which has now sold all the horses seized from the farm except one that was euthanized and 11 that went to the Leelanau County Horse Rescue - sold the animals in worse shape than they were at seizure, Spink and Zenz and other members of the county Farm Bureau passed a resolution that would direct Michigan Farm Bureau lobbyists to work to "change the state operating procedures that govern all (county) animal control departments to mirror the same procedures of state law enforcement ..."

While Jackson County Farm Bureau has a specific beef with a specific county agency, other county Farm Bureau resolutions addressed the same issue in more general terms. Cass County expressed its opposition to the concept of "animal rights," while Clare county asks that Michigan Farm Bureau educate all members about the difference between "their local humane society and the National Humane Society." Missaukee County simply opposes unreasonable restrictions on animal agriculture, and Osceola supports animal husbandry GAAMPs (Generally Accepted Agricultural Management Practices). Montcalm County resolved that county animal control agencies be made aware of GAAMPs; and St. Joseph County resolved that "...Before being steamrolled by this issue, animal agriculture must become more proactive and take leadership of this issue."

All those resolutions were amalgamated into several proposed additions to a single Michigan Farm Bureau policy - Animal Care - which will be debated at the State Annual Meeting, Nov. 27-30 in Grand Rapids.

Present policy states that Farm Bureau members "support a sensible approach to the substantiation of animal abuse accusations," among many other things, but directing a lobbyist to bring common sense into the legislature is a difficult task, to say the least.

But common sense is all farmers seem to want when it comes to animal-handling regulations. And, they know, it's a very tall order to expect restraint when society's vision of horses and how they should look come from watching movies and a televised horse race every now and then that involves animals worth more than many people earn in a lifetime.

Ruined reputation

But a little restraint and common sense is all Matt Mercier asks, and not necessarily for himself, but for the next farmers who are accused.

"Even if I'm acquitted," he said, "my name will forever be attached with torture, which is normally reserved for horrible people who set animals on fire. It will be difficult to rebuild my name, and it may not ever happen. I used to have faith that the justice system would protect people, but I learned the hard way. That's not how it works in Jackson County. I've never said that there was no cause of action for Animal Control to come on the property, but they should have called it an investigation, not a wholesale seizure. I mean, they even stole our saddles."

Seizing saddles and other tack from the property before a conviction or trial on animal abuse or neglect charges is just one of the concerns Spink said he has about the situation.

"Animal Control really dropped the ball on this one," he said. "I don't disagree that some assistance was needed on the farm, but they bit off more than they could chew, and kept these animals confined all summer and fed them hay at great expense when there was available pasture growing on the other side of the drain. And I believe that seizing the tack and saddles was just a money grab."

Debating motives is never a sensible proposition, nor is trying to deal with facts when emotions are smoldering. Somewhere in the middle, Zenz said, is one basic fact, and that is that Mercier and Henderson lost everything they had - assets and reputation - but still haven't been convicted of anything.

That leads to what Zenz believes is another fact: farmers are in danger from an ignorant populous and an overzealous government sticking its nose where it doesn't belong.

"I believe the best farm in Jackson County could be treated this same way," Zenz said. "Every farm has a head of cattle or two with a sore foot or problems calving, and at any time, that animal could take a turn to the wrong direction. If someone were to see that, they would call the farmer inhumane, and Animal Control could seize the property and ruin the farm's reputation. Things that happened in this case could happen to any farmer at any time. We're all backed into a corner here, and anyone who knows animals knows what they do when they're backed into a corner."

Watching, waiting.

My personal involvement in the case has taken a backseat to more pressing issues, but here is an update with recent Voice of the People letters published in the Jackson Citizen Patriot.

Look at officials' record in protecting animals

Posted by Jackson Citizen Patriot
November 12, 2007 09:30AM
Categories: Voice of the People

BROOKLYN -- I am so proud to live in Jackson County, with allegedly drug-using elected officials, elected officials abusing their offices and, best of all, the useless Humane Society and county animal shelter.

We have dealt with both the Humane Society and animal control on several occasions on severe abuse of horses. One occasion a pregnant mare that we used to own was so skinny and hungry that she ate a loaf of bread. One horse's feet were bad and it was skinny due to plain stupidity. We rescued a sheltie from the Humane Society that was a real joke. The only reason nothing was done about these problems was the headlines weren't big enough for them to bother with.

I do not know the real condition of those horses in Grass Lake, but I know some of the people involved with the so-called protection of these animals. One should look into the way they took care of other people's horses. Taking animals and selling them without a trial is the way that the law works.

I am so proud to live in Jackson, with these useless officials looking out for these poor horses.

-- James A. Paquette

Animal control destroys horse owners' lives

Posted by Jackson Citizen Patriot
November 11, 2007 05:09AM
Categories: Voice of the People

MUNITH -- Jackson County Animal Control is out of control. If Children's Protective Services was run this way, it would be seizing our children and selling them to recoup costs of care before we had been found guilty of any alleged crime. Why is it OK to do this to the horse owners?

It boggles my mind that Jackson Animal Control can destroy people's lives based on allegations. And as a livestock owner, it scares me.

-- Dale Kellenberger

For more, visit the discussion forums at GLHorseTruth.com as it will be updated more often than this blog in coming weeks.

More media coverage coming in.

Covering both sides is a good thing.

Final set of horses sold

Monday, November 05, 2007
By Danielle Quisenberry
dquisenberry@citpat.com -- 768-4929

EAST LANSING -- As the last of the horses seized from a Grass Lake Township farm awaited auction Sunday, a group adamantly opposed to their seizure hoisted signs nearby.

"There is only one word for this whole thing and it is 'atrocious,''' said Jared Brown of Brooklyn, who stood with about 15 people holding signs scrawled with phrases such as "Jackson County Animal Control is out of control.''

The group, who allege officers have treated the horses poorly since the March seizure, prostested outside the Michigan State University Pavilion.

Inside, 34 horses that had been in the county's care were auctioned at prices ranging from $100 to $10,400. Altogether, the horses -- deemed the most valuable of the original herd of 69 -- netted more than $42,300.

The money will help the county recoup its costs of caring for the horses.

The horses were impounded six months ago based on reports they were malnourished and living in unsafe conditions. Farm manager Matthew Mercier and owner James Henderson each are facing three counts of felony animal torture.

Under the county's control, the herd grew to 84 as mares foaled in the spring and summer. Animal-control officers say the horses' health has improved under their care.

The 50 less valuable horses in the herd were sold at auctions in September and October in Napoleon and Onsted. The September auction garnered nearly $4,000. Total figures from all four auctions were not available Sunday.

Horses sold Sunday included two pedigreed stallions, Sky High Fame and Buggy Full of Money. Each sold for more than $10,000.

Tiany Schuster, a breeder and trainer based near Hattiesburg, Miss., bought Sky High Fame for $10,200, and six other horses. "I think I got some really good deals,'' said Schuster, who was a business associate of Mercier and Henderson.

If she gets the horses' registration papers, they'd "be an even better deal,'' she said.

Animal control Director Kimberlee Luce said the papers are in the process of being reissued from the previous owner to Jackson County. The auctioneer presented the audience with scant information on each horse as it was ridden or walked through a dirt-floor arena.

Schuster and several others said Sunday some of the horses at auction were being misrepresented as their information had been mixed with other horses once owned by Henderson.

Luce said they were going with information given to them by the previous owners. "We've done the best of our ability to match up who is who,'' she said.

Protesters argued the horses were in worse condition when cared for by animal control than when they were taken from the farm.

They held signs with pictures of thin or wormy horses that read "This is NOT what 'six months after rescue' should look like.''

Luce said she would not comment on the protesters. "I just want the horses to find good homes.''

A doctor saw the horses last week and was "impressed,'' Luce said.

County Assistant Prosecutor Jennifer Lamp, who attended the auction, said the horses have "absolutely'' improved since the seizure.

Prostester Melissa Adams of Brooklyn, who raises horses and cattle, said the group wanted to draw attention to animal control and its actions. She said it isn't right they sold all the horses before the men were convicted of any crime -- a move Lamp said the forfeiture statute allows to protect animals.

"It is scary to those of us in agriculture that they can come in and take our farm and we can't do anything,'' Adams said.

Others expressed similar sentiment. "I fear for horse owners. I fear for all horse owners in the county,'' Brown said.

©2007 Jackson Citizen Patriot
© 2007 Michigan Live. All Rights Reserved.

We certainly appreciate the reporters who stopped to talk to us during our peaceful protest and informational picketing. The MSU campus police were likewise friendly and professional.

WILX TV 10 news coverage.

Send out your thanks to Jessica Aspiras and News 10 for the coverage of the "other" side at last.

Protesting Against Horse Auction

Posted: 5:54 PM Nov 4, 2007
Reporter: Jessica Aspiras
Email Address: jessica.aspiras@wilx.com

While a horse auction got underway inside the MSU Pavillion, outside a peaceful protest was just beginning.

"It's a total miscarriage of justice. Men are getting tried, and their horses are getting auctioned, and they haven't even been convicted yet."

Protestor Jered Brown is referring to the case of James Henderson, Jr. and Matthew Mercier. Both men are charged with three counts of felony animal torture each. In March, Jackson County Animal Control seized 69 of their horses from Turn Three Ranch in Grass Lake. Authorities estimated the animals had not been fed or watered since last fall.

"If the animal control thought that they had a problem, they should have come in and worked with the gentlemen and said, this is what we want you to do."

Melissa Adams owns horses of her own. She says she got involved with the protest after the first group of horses was auctioned off in September.

"I know that the horses at the auction, I have talked to vets who have done fecal counts on these horses and found that they were wormy," she says. "And to me if you're rescuing horses, it is coming on you to make sure these horses are healthy."

Brown decided to protest after the first auction as well, because, he says, the condition of the horses worsened after Animal Control took over.

"You could see the condition that their ribs are showing. You can see the spine line. His feet, there's damage to his feet. This picture was taken three weeks after we purchased him. You can see, you can't see the rib lines anymore. He looks healthier. His feet look good."



On Sunday, the last of the horses was up for auction. In total 84 were sold. That number includes the foals born after the seizure. News 10 contacted Jackson County Animal Control, but they declined to do an on-camera interview.

Melissa, Jered ... you guys rock. Thanks to everyone behind the scenes that made great things happen today.

The support pours in.

Contributors have made some great things possible these last few days.

There will be 2,000 flyers to hand out, financed by a few supporters who cannot attend ... a convenient bookmark sized fact sheet with websites, quotes, photos and compelling information. This can be sent in PDF format to anyone who would like to produce additional copies.

Another donation has made possible the manufacture of some very nice 14" x 20" signs. We were only able to produce a dozen today, but I have PDF art available to anyone who would like to print their own signs to bring.

There are even several people offering to pick up others in their area and car pool to East Lansing from several counties away. The response has been great. Hope you're planning to join us. The sun will be shining, so never mind the temperature. :)

We'll all be there.

Update on the outcome of the hearing:

Horse farm defendants allowed to be at auction

Friday, November 02, 2007
By Kristin Longley
klongley@citpat.com -- 768-4917

A judge on Thursday denied a motion to ban two men accused of neglecting their horses from attending a livestock auction.

The last of 84 horses forfeited to Jackson County will be sold Sunday at the Michigan State University Pavilion.

The prosecutor argued that Matthew Mercier and James Henderson Jr., who are charged with three counts each of felony animal torture, should not be able to attend the public auction, fearing they would intimidate potential buyers. Witnesses testified that the defendants have been following up with buyers after the horses are sold.

Circuit Judge Chad Schmucker said the defendants can attend the auction, but prohibited them from approaching Animal Control officers and witnesses who ask to be added to a "no-contact list,'' and banned them from purposely disseminating personal information about Animal Control officers online.

The judge then set aside Animal Control officers' personal-protection orders against the defendants, saying they never should have been entered. Defense attorneys argued that the orders, which were based on reports of alleged stalking and intimidation, do not meet proper criteria and are "nothing but a creature of hysteria.''

Schmucker said the case has generated an unusual amount of rancor and interest by supporters on both sides. Defense attorney Ronald Fabian said the case is "out of control.''

Mercier and Henderson are scheduled to stand trial in Circuit Court early next year on the felony charges.

Animal Control agents seized the horses in March and took control of the Grass Lake Township farm based on reports of unsafe facilities and malnourished horses. The horses were later forfeited to Jackson County by District Judge Joseph Filip, and most have been sold.

Henderson appealed the civil ruling, and the case is pending.

©2007 Jackson Citizen Patriot
©2007 Michigan Live. All Rights Reserved.

There is still a chance that these horses -- although by the end of the weekend they'll have all been sold to new owners -- will be returned to their former owners. If the defendants are found not guilty of the felony torture charges (which I have no doubt that they should be found innocent, for torture implies intentional harm), the horses should be returned to them. Will the new owners receive compensation for what they have paid for the horses, and what they put into them from now until the appeal is heard?

All in all, a good day.

Court today could not have gone much better.

And this was printed in the Jackson Citizen Patriot.

Protest planned to support men accused of neglecting horses

Thursday, November 01, 2007
By Kristin Longley
klongley@citpat.com -- 768-4917

Supporters of two men accused of neglecting their horses have started a grassroots campaign to try to clear their names.

The group plans to conduct a peaceful protest Sunday at Michigan State University, where Jackson County will auction off the last of the 84-horse herd it seized from the defendants' Grass Lake Township farm.

James Henderson Jr. and Matthew Mercier are charged with three counts each of felony animal torture. They will stand trial early next year before Circuit Judge Chad Schmucker.

Their supporters have generated several online forums about the case, and one Web site, www.glhorsetruth.com, has received more than 14,000 hits in the few months since it started.

"I think it's people who are looking at this case and are fearful about their own property,'' Mercier said. "They're ticked off.''

Acting county Administrator Randy Treacher said the supporters' campaign is "an attempt to smear what Animal Control has done.''

Animal Control agents seized the horses in March and took control of the farm based on reports of unsafe facilities and malnourished horses. The horses were later forfeited to Jackson County by District Judge Joseph Filip. Henderson appealed the civil ruling, and the case is pending.

Shantell Coats of Springport is organizing the MSU protest. She said information will be disseminated regarding Animal Control's care of the horses, including allegations that some haven't been fed, groomed or dewormed properly since the seizure.

Treacher said a lot of time and resources have been spent on the horses, and added the animals have been well taken care of, according to Animal Control veterinarian Dr. Pamela Fouty.

"Our Animal Control officers have done a tremendous job,'' Treacher said. "The condition of the animals overall continues to improve.''

The horses up for auction Sunday include trained and pedigreed barrel-racing horses, officials said.

Schmucker is scheduled to hold a hearing today on a motion to bar Mercier and Henderson from the auction based on reports that they have created disturbances at previous auctions.

©2007 Jackson Citizen Patriot
© 2007 Michigan Live. All Rights Reserved.

Guess what? Schmucker threw out the PPOs that were served on Matt Mercier at the third auction, and did not grant the motion to bar the defendants from the final auction this weekend. There simply was nothing concrete in the allegations against the defendants.

I have to believe that the tide is turning.

Become an activist.

Now that the media knows, there is no reason not to inform the public that our peaceful protest will be held at the site of the final auction of the remaining horses JCAC seized from Turn 3 Ranch:

Sunday, November 4
MSU Pavilion, East Lansing
10:00 a.m. until noon

The media has been alerted, and now it is up to YOU to show your condemnation of the actions of Jackson County in this case. Supporters have funded the printing of 1,000 flyers for activists to distribute. Make and bring your own signs. Feel free to use anything at all you want from this blog, from the flyers, any photos posted here.

MSU Police have been made aware of our intentions ... there are certain guidelines to follow, but on the whole, they support peaceful protesting by concerned citizen activists. Do not block the entrance, no weapons, etc. Being non-confrontational, truthful and respectful at all times is critical to fair coverage of the story.

Peace for the horses.

The final auction of horses who have been in the "care" of Jackson County Animal Control for the last 7 months is almost upon us.

You are probably reading this as someone who expressed interest in pursuing an investigation into JCAC with regards to the case against Turn 3 Ranch, where in March of this year, 69 horses were seized, and later 84 horses (including the spring foals) were forfeited to Jackson County. Many have found this seizure to be unjust, as proper procedures as outlined in the Right To Farm Act were not followed, because the county's own equine vet found the majority of horses to be at ideal weight or better, but most alarmingly -- many horses sold by JCAC in the past month have been apparently neglected for months by JCAC, infested with parasites, skinny with ribs showing, young fillies testing positive for pregnancy. The former owners have yet to go to trial on the charges against them, but if found innocent, their entire herd -- their livelihood -- will already be gone.

Maybe your only knowledge of this case so far is what the media had to report -- "69 starving horses" -- "half of them pregnant" -- or any of the other misinformation that was published. The pre-trial testimony of horse experts debunks much of the sensationalism that was reported. We know that there were only a dozen pregnant mares, not 37 -- and that the majority of the herd was in good health, with three horses in poor condition coming out of a harsh winter, as well as two horses with injuries that were being treated.

As a statement of solidarity among the agricultural community, especially the horse owners and citizens concerned about the government acting inappropriately, we are asking for your support in distributing information about this case.

Contact me privately (xpbuttercup at gmail dot com) to receive information on a meeting place and time for a peaceful protest, or if you cannot meet us, for a printable informative flyer to distribute in your area. (Looking for volunteers in the Birch Run area for the upcoming horse expo.)

If you have an "in" with a friendly reporter who might provide some news coverage to help expose the case, send this message along. A great deal of misinformation was released in March and April, and most people have not heard what happened to the horses since then.

http://Turn3vsJCAC.blogspot.com/

http://www.GLHorseTruth.com/

I am XP, and I approve of this message. Pass it on.

Stand.

Jackson County Animal Control has made a motion to amend the bond conditions and make it so that the defendants cannot attend the final auction.

Among other unfounded allegations, they state:

iii. At the third sale, it appeared that the horses being put up for auction were sedated just prior to the sale soon after Mr. Mercier and his buddies left the pen containing the horses.

As I was a witness to this alleged activity, I am testifying as to what I did and did not see at the bond hearing this week, as well as several of the other witnesses, who have never been "buddies" with the defendant, but like myself were concerned citizens and potential buyers.

Did you think we would all run and hide? I am stunned that JCAC would make this allegation to attempt to blame the pathetic condition of those weanlings on the defendant. They have accused ME, by association, of drugging young horses.

So now it is not enough to attempt to smear the public image of the defendants... they mean to make allegations against anyone who does not condone the seizure of these animals, and the poor care they have received in the hands of Jackson County Animal Control.

I will stand.

Right to Farm.

This is long, but very well worth the read! Thanks to Bob Reid for this great story.

If you are a farmer or rancher this article is one that you need to pay careful attention to. It is no exaggeration to say that the story I am about to tell you holds the potential to negatively impact the future of your farm. It’s going to talk a while to explain the entire situation, so grab a cup of coffee and start reading.

Recently a case went to court in Jackson County in the state of Michigan. After hearing secondhand how ludicrous and unjust the case was from a number of livestock owners, I decided to take a look at what was happening. When I finished reading the court transcripts and the verdict I was appalled. Not only were the two ranchers being seriously abused, but the precedence set by the outcome of the case was staggering.

What would you say if I told you that if your ranch/farm needs to be cleaned up, your fencing and shelters need to be repaired, and “some” of your livestock isn’t up to par, that I can seize your entire farm, sell all your livestock and keep the money for myself? That’s what Jackson County did and wait until you hear some of the details involved.

Before I get caught up in describing a number of the facts that will leave the hairs on the back of your neck standing up, let me take a second and explain how this case effects every farmer and rancher in our country. For those of you that haven’t had the opportunity to be involved in the judicial system, here’s how it works. When charges are brought before the court, the judge reviews the charges, the laws relevant to the charges, the evidence and testimony, AND previous cases of a similar nature. He uses the previous cases as a benchmark to determine how other courts have applied the laws to similar situations and as a strong source of guidance as to how he should cast his judgment. I’m sure you’re beginning to see the impact here. Should the county you live in decide that they want to seize your farm, claiming that you’re not meeting the standards they expect, they have a much stronger chance of succeeding now by referencing the Jackson County case.

Some of you may be thinking, “That’ll never happen to me.” Well, you may be very surprised at how likely it could be. The majority of people in our country have no understanding of agriculture and as is common psychologically, they tend to apply their own personal standards to what they expect in others. As crazy as it seems, this means that many city folks expect your livestock to receive the same care as the cute little puppy in their own backyard. The case in Jackson County is not only a perfect example of this unrealistic perspective, but has now set a precedence that will bolster the confidence and authority to take similar actions by agriculturally ignorant local governments across the country.

This particular case in Jackson County involves so many areas of concern that I’m having to spend a great deal of time filling you in on the groundwork before getting to the actual case details. I ask for your patience as I continue and I promise that this entire plate of spaghetti that I’m throwing in front of you will be worth your attention in the end. Unfortunately, I can’t guarantee that you’re going to like the taste.

There are a number of states that have recognized the needs of the agricultural community and as such have passed legislation protecting their farmers and ranchers. Michigan is one of these states. The following are two excerpts from the 1981 Michigan Right to Farm Act.

This first excerpt outlines the more common areas of complaint that the Department of Agriculture investigates. Note that one of the areas specifically defined is “care of farm animals”.
“Subject to subsection (2), the director shall investigate all complaints involving a farm or farm operation, including, but not limited to, complaints involving the use of manure and other nutrients, agricultural waste products, dust, noise, odor, fumes, air pollution, surface water or groundwater pollution, food and agricultural processing by-products, care of farm animals and pest infestations.”

This second excerpt defines the process to be used if the Department of Agriculture finds that the farmer/rancher isn’t meeting the standards.
“If the director identifies that the source or potential sources of the problem were caused by the use of other than generally accepted agricultural and management practices, the director shall advise the person responsible for the farm or farm operation that necessary changes should be made to resolve or abate the problem and to conform with generally accepted agricultural and management practices and that if those changes cannot be implemented within 30 days, the person responsible for the farm or farm operation shall submit to the director an implementation plan including a schedule for completion of the necessary changes.”

The process above makes sense and seems to be a fair way to assure that the people handling farming inspections and problems are hopefully agriculturally intelligent being that they’re employed by the Department of Agriculture. But, what if the Department of Agriculture turns a blind eye to the use and enforcement of these laws at the local level? After reading the transcripts the first thing I did was contact the director of the Michigan Department of Agriculture to find out what their involvement was. Two weeks after telling me that he would look into it, he responded with a detailed description of what they had done.

The director’s response was very bothersome not in regards to what had been done, but rather what hadn’t been done. He stated, “The Michigan Right to Farm Act does not affect the application of other state statutes and federal statutes; and as such, does not affect actions taken by MDA Animal Industry Division or local Animal Control regarding animal neglect, abuse, cruelty, etc.,” Wait a minute! Didn’t we just read that the Michigan Right to Farm Act defines “care of livestock” as part of their investigative responsibilities? Didn’t it go on to define the process that the Department of Agriculture should use if they discover a problem during their investigation? Why are they turning their backs and letting the local Animal Control call the shots? Why would the state of Michigan pass legislation defining these responsibilities and processes if they didn’t intend for it to be applied?

Oh, it gets better. The local Animal Control had filed the charges against the farmers under Michigan Penal Code Act 328 of 1931, section 750.50. In this section of the penal code there is a line that states:
(8) This section does not prohibit the lawful killing or other use of an animal, including, but not limited to, the following:
…
(f) Farming or a generally accepted animal husbandry or farming practice involving livestock.

Now we have the penal code saying that the charges are not applicable to an animal being used in a farming practice involving livestock and the Department of Agriculture telling us that the Animal Control can call the shots even though the Right to Farm Act defines it as the Department of Agriculture’s responsibility for such cases. Furthermore, the Department of Agriculture has developed a “Generally Accepted Practice” manual for the care of livestock. There is definitely an issue here that needs to be resolved at the state level or higher.

Keep what I just mentioned in mind while you read some of the details of the Jackson County case. It is shocking how out of sync the urban perspective of Jackson County’s government is compared to the reality of farming.

On March 13th an Animal Control officer was investigating a fencing issue at the ranch and upon further investigation decided that the condition of the ranch and the state of some of the livestock was unacceptable. As such, she demanded the rancher meet her at the ranch with a veterinarian.

On March 16th she met with the rancher and the veterinarian that he had called, Dr. Sray, who had been the vet for Jackson County Animal Control for 28 years. Looking over the ranch, Dr. Sray noted that there were some horses that had weathered hard over the Michigan winter, but these were primarily the very young horses, which is common, and a couple 28-year-old mares. All of the thinner horses had already been segregated from the herd and penned separately prior to Animal Control’s involvement, so it was pretty obvious that the ranchers were working on the issue. There was also a horse with a wire cut near one hoof that the rancher had been treating himself and one horse that had a sensitive hip that Dr. Sray mentioned should be looked at. After looking over the remainder of the herd, his conclusion to Animal Control was that the farm needed to be cleaned up, but there didn’t seem to be any overall problem that a few weeks of warm weather wouldn’t take care of. This was a reasonable conclusion considering that it was later testified to in court that 56 of the 69 head herd were at or near optimal weight (i.e. 4-5 on the Henneke scale). He also suggested that if she was still concerned with the situation, she should stop by occasionally over the next month and verify that things were improving.

Rather than follow the professional advice provided by the vet that they had used for the past two plus decades, Animal Control contacted the Department of Agriculture, requesting a second opinion. Although it appears that this is pushing the issue more than should have been appropriate, it is what Animal Control did before the DA vets arrived that is very unsettling. Animal Control took it upon themselves to obtain a warrant to seize the herd and all related property, disregarding the professional opinion of Dr. Sray by lying on the affidavit that there was a conflict of interest because Dr. Sray was a personal friend of the rancher and had known him since he was a child. Both Dr. Sray and the rancher each testified in the trial that neither had said such. Dr. Sray had only been to the ranch approximately six times over the past two years to provide veterinary services, they did not know each other socially, and the rancher had not been born or raised in Jackson County. In the warrant Animal Control justified the seizure based on inadequate care and abandonment.

After seizing the ranch, Animal Control called in a local Horse Rescue. After the Horse Rescue visited the farm they wanted nothing more to do with it. They said there was no justification for seizing the farm.

From what you’ve read so far I’m sure you can see that this entire case didn’t hold any water in front of any person with an ounce of agricultural experience. You can’t abandon a 69 head herd through an entire Michigan winter and have 56 of the 69 in good shape come spring. Young and old horses weather harder than others, so when spring comes around you segregate them from the herd and give them some extra attention. That’s common sense and that is what was being done on this ranch (The yearlings had been rated between a 2 and 3 on the Henneke scale.). But, when agriculturally ignorant people get their hands on something like this, they see it quite different. The problems for the farmers were only beginning.

Once the case got to court things only got worse. The case was ruled by Judge Joseph Filip, who admitted to his ignorance in the realm of agriculture and whose actions and judgment substantiated the fact. With no understanding of horses, the prosecution bombarded him with unreasonable expectations for animal husbandry and put great effort in avoiding any distinguishing between livestock and pet care. An example of this was the testimony of the second Horse Rescue that they brought in after the first group wanted no part of the situation. This Horse Rescue was run by a woman who ran a small hunter/jumper boarding and training ranch. She testified that in her opinion proper care of horses requires that each horse has its own stall, each water bucket should be emptied and scrubbed daily, and each stall should be stripped and freshly bedded daily. Can you imagine the cost of trying to run a farm or ranch in this manner? Most of us would go belly up within the first year.

Needless to say, being agriculturally ignorant the judge took it all to heart. Instead of looking at the 56 of 69 horses that were in good shape and using common sense to realize that this ranch could not have been abandoned, and instead of looking at the thinner horses penned separately and realizing that this meant that the ranchers were obviously working with these animals, his focus remained on smaller images rather than the overall picture. He had the audacity during his judgment to mention his concern that the ranchers had purchased used horse blankets and that this could be an example that they were in over their heads as far as their ability to care for their horses. In his inept, agriculturally ignorant judgment he also stated his opinion that even though 56 of the horses had no problem in anyone’s eyes, that the issues with the others was just the tip of the iceberg and they shouldn’t wait for the additional 56 horses to undergo similar problems. Unfortunately, his judgment gets worse.

Pay careful attention to this part of the judgment. All of us have been in similar situations and this precedence puts us all at risk.. They charged the farmers with three counts of FELONY TORTURE. These poor guys have not only lost everything they’ve worked so hard for, now they’re looking at the possibility of serving time in prison and here’s why.

The first count of felony torture involves a colicky mare. She had been having gas colic issues for about four months and had dropped a great deal of weight, but being one of the farmer’s favorites, they were working with her and trying to avoid having to put her down. The court concluded that her emaciated state was causing her pain and anguish, which is the definition of torture in the eyes of the court and therefore the charge stands and the defendants will be tried on this count.

The second count of felony torture involved a filly that had had a wire injury around the right rear ankle. The farmer, who had many years of experience treating his own livestock, had been trying to treat it himself without much luck and had already made an appointment to take it into the vet on March 21st. The court concluded that this injury had caused the animal great pain, which is the definition of torture in the eyes of the court, and therefore the charge stands and the defendants will be tried on this count.

The third count of felony torture involved a yearling colt. When Dr. Sray initially came to the farm at the behest of the farmer, the farmer had asked him while he was there to take a look at the yearly colt because he seemed to be a little sore in his rear hip. Dr. Sray checked him out and although it didn’t seem to be too severe, he recommended that the farmer take him in and have it x-rayed. Two weeks after Animal Control seized the farm there was an accident with the colt and he was down, apparently trampled. He was sent to Michigan State University where it was determined that he had Osteochondrosis, which many believe is a genetically instigated degenerative disease of the bones.

This entire case involves so many unbelievably ugly precedents that it is difficult to take it all in. If you treat your own injured livestock, per this case you can be charged with felony torture. If you don’t want to put down that beloved colicky horse that is losing so much weight, you had better reconsider because you may be charged with felony torture. If one of your animals starts showing signs of lameness you had better put it down quick or you may find yourself facing felony torture charges if it is determined to have been a long-developing issue. If your younger and older horses lose weight from wintering outside, beware; you could lose everything you’ve ever worked for.

Here’s one last note. Following the judgment, a bond hearing was held in which the court offered to allow ownership of the herd to remain in the farmers’ hands if they paid Jackson County $143,000 cash within 72 hours. This amount was determined based on Animal Control’s claimed expenditures to date and an estimated three months of continued care before the criminal trial. Animal Control’s itemized list of costs is posted on the farmers’ website if you care to take a look. There are some pretty outrageous numbers, but the one that floored me was their claim that they’re feeding these horses 42 square bails AND 6 round bails PER DAY. Rumor has it that Jackson County is hurting financially. This is only speculation, but could this entire thing be simply an elaborate extortion scheme? Regardless, as I said before, this whole plate of spaghetti is leaving a very bad taste in my mouth.

Folks, this is not a horror story written for entertainment. This is something that is happening and it’s the first stage of a very ugly cancer. It has to be cut out before it has a chance to spread or it WILL eventually kill the farming community in our country. The voice of a single farmer can seldom be heard beyond the limits of his own land, but the united voice of the farming community can rage so loud that it is heard all the way to the steps of the White House. If this story hasn’t brought you to the edge of your seat in anger, ask yourself what you’re going to do when it happens to you or someone you love.

The next step is to make our voices heard. Write to your congressmen and senators. Tell them that if they want your vote, they better get involved. Talk with the leaders of your organizations and associations. If you know lawyers experienced in agricultural cases, have them contact the farmers now appealing their case in Jackson County and preparing to face their criminal trial. If you know lobbyists in Washington, tell them to start stomping their feet. Have your leaders contact every media they can come up with, whether magazines, television, newspapers, or websites, and let them know that we won’t tolerate this type of abuse in the farming community. If you have an emergency fund in your organization, send these farmers some money. They’ve lost every penny they have and it’s up to us to ensure that they can afford the best possible legal defense in both the criminal trial and the appeal of the forfeiture trial. We have to pool our resources and turn every bit of aid we can come up with to ensure that this precedence goes no further.

God bless you all and I pray that you will stand with me in defending our rights. Here’s the website for the farmers: www.glhorsetruth.com

Another great letter published.

Jackson Citizen Patriot has published several opinion letters shifting the focus from Turn 3 to JCAC for potential abuse. Another one was posted today:

Animal control looks out of control

Posted by Jackson Citizen Patriot
October 28, 2007 06:22AM
Categories: Voice of the People

OWOSSO — We need more voices of the people heard concerning the Turn-3 Ranch horses.

It is about time the news shows the truth about the care of the Turn-3 horses after animal control took them over. I would like to say what it looks like to someone who does not live in that county.

All appearances show an animal control out of control. How can these horses be sold before there is a trial proving guilt of the owners? How is it that trucks, trailers, feed bills, health records, registration papers, medications, saddles and anything else in the barn can be taken by animal control? Why did the news focus only on the older mares that lost some weight through the winter? There are many more questions with no answers.

What is happening to animal control? This kind of thing is going on in other states, too, not just Michigan.

Animal control needs a new shelter. In the eyes of many, it looks like these horses and equipment are taken and sold to go toward the new shelter. People want answers. Where are we going to get those answers if not from Jackson County?

If this is allowed to go on, will every horse owner live in fear of someone from animal control coming on their property to take everything they own for any reason they can dream up? What ever happened to innocent until proven guilty?

— Carol Palembas

More about the auctions:

County rushes to sell horses before trial

Posted by Jackson Citizen Patriot
October 23, 2007 09:59AM
Categories: Voice of the People

SPRINGPORT — After reports that horses that Jackson County Animal Control ran through a livestock auction last month looked skinny and lacked basic care, I went to a recent auction. While this batch of horses seemed to be fed adequately, it appeared their hooves were very overgrown and that they had signs of intestinal worms.

Where is the money going that Jackson County demands for the "care" of these horses, which it is now selling for as little as $100 a head? Just read the newspaper: Officials are replacing their condemned, filthy and disease-ridden animal shelter with a highly criticized, $1.3 million move.

They're doing this on the backs of horses unjustly taken from their rightful owners, who have yet to go to trial on the charges made against them. No warnings were issued. No attempt was made to investigate why these horses would be thin. Instead, animal control rolled in and took over the farm, animals, vehicles and whatever it could get its hands on. County officials found a horse-ignorant judge who believes, among other ridiculous notions, that you must not care about your animals if you buy used tack.

Visit the forums at GLHorseTruth.com. Every animal owner should be angry. Innocent until proven guilty is not the modus operandi for Jackson County. And the nation is watching the outcome of this case.

— Shantell Coats

Yet another one:

Horses not getting high-priced care

Posted by Jackson Citizen Patriot
October 07, 2007 06:03AM
Categories: Voice of the People

BROOKLYN — I attended the Napoleon auction for the Grass Lake horses Sept. 15 and was appalled at their condition.

These horses appeared skinny and wormy, and had horrible feet. These animals were not the recipients of $22,000-per-month care. As a lifetime horse owner and hay farmer, I felt compelled to donate and deliver $500 worth of hay April 10 and got a close look at all the horses on that farm at that time. Other than shedding out their winter hair, these horses were in no better condition Sept. 15.

I would like to know if all the donations were taken into consideration when coming up with the total dollar figure of $143,000 for compensation.

It was not my intent to donate something only for the county to charge someone else for my generosity. Nobody took my name and, to my knowledge, there was no record of who I was or how much I donated. Did anyone get a receipt for anything? I certainly didn't. Leelanau Horse Rescue is a nonprofit organization, and any donation made should be tax-deductible.

These animals have not received the basic care that a $150-per-month pasture boarding facility would give, and Jackson County Animal Control is not paying board. To state that it costs $300 per month only for feed for each animal is outrageous. Believe me, these horses didn't even see a quarter of that.

— Kathy Brown

JCP ~ your readers are aware of the situation. When will your reporting reflect what your readers have witnessed for themselves?

Breaking news.

On the GLHorseTruth.com website discussion board:

Matt Mercier
Oct 25, 07 - 7:23 PM
3 year old Turn 3 mare aborts after Tom Moore sale

Breaking news. Just got off the phone with the purchaser of the 3 year old Grulla mare at Tom Moore's sale.

She was confirmed pregnant a couple of weeks ago. Well this afternoon she aborted a 5 month old colt fetus. The vet report will be released ASAP. His opinion at this time is inadequate nutrition for the mare.

This is one of the mares who was impregnated while JCAC was in charge of the farm. She was sold (as a 4 year old, no mention that she could be pregnant) at the Tom Moore sale in Onsted about three weeks ago.

New and newsworthy.

Although the media often claims that JCAC cares for 80 horses now that the mares have foaled, the July forfeiture order makes reference to 84 horses. After seeing the flyer for the upcoming Tom Moore sale and reading that Jackson County is offering only 34 horses at this "final" auction, the question arose of where 14 missing horses might be.

This email exchange might lend some insight to that topic:

To: XP
Date: Thu, Oct 25, 2007 at 1:31 PM

I was told that on Sept 14th or 15th the same weekend as the first Auction at Napoleon . I was in a discussion of with the trainer who had acted on behalf of the Leelanau Horse Rescue. She said "they ( the Rescue) were given 12 of the horses and that now they would have to be responsible for them for the rest of their lives" , I was told where the horses went was out of there hands, I was also told it wasn't the judges fault, and that the county had over $90,000.00 in to them and no other choice. I asked about foster situations as a possible solution, She said that would be impossible because then they would have to send people all over the place to monitor them. I would think that it would be easy enough to check the facts. The county seized the animals they must be accountable for where they ended up...whether dead or alive I believe you would be able to access the county records through the freedom of information act.

On a personal note I find this entire fiasco a tragedy, for the horses, for other horse rescues, for the owners , and the tax payers. This was a text book case in how not to rescue horses and what not to do with them. The public was left to believe this was a rescue and so donated accordingly, this was not a rescue this was a seizure of property, which is often sold at auction. These horses were treated no differently then a car or boat as far as I'm concerned , there is no good spin you can put on this.

--------

From: XP
Date: Thu, Oct 25, 2007 at 2:32 PM

Wow ... as far as I know, the defendants were not made aware of this arrangement ...

May I post this email on the blog?

Can I pass your information along to people who are working on the case against JCAC?

Thanks for the info ... this case gets stranger and stranger.

XP

--------

To: XP
Date: Fri, Oct 26, 2007 at 9:40 AM

You can pass on the information, I have no idea why this should be considered a secret. Why can't you just call Laura Steenrod or Leelanau Horse Rescue or the County and ask them. I mean if there intention was to rescue these horses then why would they hide the fact they actually RESCUED 12 of them? Right now I am worried about the 100's of TB's that are going to be sent to slaughter due to no more TB horse racing in Michigan. We have a huge problem and the facts are 100's are in eminent danger. A paddock or pasture with hay and water look a hell of a lot better then a slow torturous trip through Canada or to Mexico .. CANTER is in desperate need of FOSTER homes and donations but I think a heck of a lot of people who may have donated are questioning horse rescues in general, I know the last thing I want to hear is that $100.00 of my money is just going to keep enough meat on a horse so it can go for a $150.00 to the meaters. I personally would rather put a bullet in a horses head then send it through a cattle auction house, it would be much more humane.

The forfeiture order is on its way to me, but it is believed that the judge ordered Jackson County to SELL all of the forfeited horses to repay part of the taxpayers' debt. How do Jackson County taxpayers feel about JCAC giving these horses away?

We're still looking for 2 horses unaccounted for.

Write to WILX TV.

Here is a WILX news story you can respond to, posted March 30, 2007.

Community Responds to Abandoned Horses
Reporter: Jessica Aspiras
Email Address: jessica.aspiras@wilx.com

This is the face of one of 69 abandoned horses at Turn Three Ranch in Grass Lake. Some so undernourished their bones can be seen clearly. At the Napoleon Livestock auction on October 20, weanlings born under the care of JCAC also had bones that could be clearly seen. What excuse do they have for the appalling condition of these young foals that may have been separated from their mothers too soon?

But thanks to overwhelming donations from the community - the future looks more promising for them.

"I've probably tried to field over 100 phone calls in the last 24 hours. People willing to donate anything from farmers with large quantities of hay willing to bring us large quantities of hay," says Laura Steenrod of Leelanau Horse Rescue. Still looking for an account of how much hay was donated, as the amount of hay purchased by JCAC was far beyond even a generous estimation of how much hay that number of horses would consume in the given time frame.

However the primary concern at this time is monetary donations. Certainly a valid concern. You speak of "overwhelming" response--how much money was donated that was meant for the care of these horses? Why was this not considered when Jackson County offered a bond request of over $134,000 which gave no account of the donations of money or hay to date?

"What the financial donation enables us to do is enables us to once something does get filled we can move on to the next thing instead of putting out there we need vet wrap and end up with 200-300 rolls of vet wrap."

The horse ranch was taken into the custody of Jackson County Animal control a little more than two weeks ago after a dead horse was found. A horse that had recently died of natural causes, a common and sometimes fatal condition known as colic, unrelated to malnutrition or abuse, and was awaiting removal. JCAC did not necropsy the horse, so it would seem there was no question of neglect there.

It's estimated the horses had not been fed or watered properly since last fall. A false allegation, made by one horse expert who was brought in after several other horse experts did NOT find reason to impound the animals. Apparently, JCAC shopped around for a vet that would say what they wanted to hear.

"The survival rate right now is pretty good. There's still exceptions when we start treating such as worming them can cause adverse reactions," says Kim Luce of Jackson County Animal Control. Is this why so many of the horses appear wormy, or have been confirmed to be infested with internal parasites, six months after the seizure? Did you assess that worming them wasn't worth the risk, and neglect to provide this basic medical care? There are ways of worming that are less risky to the horses' sensitive system, such as administering a partial dose and then treating again soon after. Where is the evidence that this was done? Evidence exists that auctioned horses had massive numbers of three different types of parasites.

Currently 30 mares are pregnant. But the outcome for the foals is not as good. We've been over this ... the defendants did not breed 30 mares. After the seizure, stallions were allowed access to mares and fillies who may be bred for 2008 foals. But by JCAC's own accounting, only 10-12 foals were born this year.

"We're hoping for 100 percent survival rate, but due to the fact that these horses have not received the right nutrition, the foals are going to be high risk." They have yet to report to the public the death of any horses with the exception of the injured paint colt they euthanized, AFTER cancelling vet appointments made by the defendants and waiting until weeks later to provide medical attention to the colt.

While the cleanup effort has been ongoing for weeks, it's not expected to be finished any time soon.

"Basically these horses are living in a garbage dump," says Steenrod.
A dump, that for now, is home to 69 hopeful animals. And where the majority have remained throughout the summer, allegedly in small pens without grass, while about 80 acres of grassy fields have gone to waste. They could have safely and inexpensively put up temporary horse fencing--there are products made for this purpose, for camping--yet did not. It is reported that most of the same hazards that were considered part of the reason for the property seizure are still in place at the Maute Road farm today.

My comments have been added, in red, to help with your letter writing. It is best to put things into your own words, and important that you print out and mail your letter through the postal service rather than just email it.

Jessica Aspiras, Reporter
WILX-TV
500 American Road
Lansing, MI 48911

Time is of the essence.

Guest blogger of the day.

This time around, words in red are those of Terry Dishman of Oklahoma, who is one of many people watching this case unfold from another state.

JCAC Ordinances.

http://www.co.jackson.mi.us/Agencies/animalShel/ProtectionOrdincance.pdf

See how many of there own ordinances they are in violation of - AMAZING!

ARTICLE 1.
PURPOSE

The Board of Commissioners furthermore recognizes that animals require legal protection, that the property rights of owners and non-owners of animals need to be protected, and that the health, safety and welfare of the people in Jackson County will best be served by adoption of "The Animal Control and Protection Ordinance."

They signed it, why do they not enforce it?

Refresher course in your own definitions:

ARTICLE 2.
DEFINITIONS

"Animal Control Manager or Manager" means the person, under the general supervision of the County Administrator/Controller, who oversees the daily
operation of the Animal Shelter. He/she is responsible for preparing and monitoring the departmental budget and ensuring compliance with appropriate legislation, supervises the work of employees at the Animal Shelter and Animal Control Officers, and assists in any classification as necessary.

"Animal Control Officer" means the person under the supervision of the County Administrator/Controller, and the immediate supervision of the Animal Control Manager, who shall enforce this Ordinance and the Laws of the State regarding domestic animal control, dangerous domestic animals, and protection of the people and domestic animals of Jackson County.

Who's protecting the animals? not JCAC

"Neglect" means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.

"State of Good Health" means free from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.

"Torment" means to cause, by an act or omission, unjustifiable pain, suffering, or distress to an animal, or cause mental and emotional anguish in the animal as evidenced by its altered behavior for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and/or reasonable person would conclude is likely to precipitate a bite or attack.

Early weaning [blog owner would like to add: forced weaning at auction house, made extremely stressful situation worse and could lead to stress colic, many consider 6 months the standard age for weaning]

"Veterinarian" means a person licensed to practice veterinary medicine as required in or under the Public Health Code, Act No. 368 of the Public Acts of 1978, being 333.18811 of the Michigan Compiled Laws, such other applicable State or Federal Law.

ARTICLE 3
ANIMAL CONTROL OFFICERS DUTIES,
AUTHORITY AND RESPONSIBILITIES

Section 3.1 The Jackson County Board of Commissioners shall employ an Animal Control Manager who shall direct Animal Control as necessary, and in accordance with County budgetary and personnel policies.

Section 3.2 It shall be the responsibility of the Animal Control Manager and/or Officers to enforce the provisions of this Ordinance.

Does this sound like "DO AS I SAY NOT AS I DO" to ya'll?

Section 3.5 Animal Control Officers shall act reasonably and with the exercise of judgement in the enforcement of the State Law and County Ordinance in reference to animals.

What was reasonable about any of this to begin with?

ARTICLE 7
PROHIBITIONS AND REGULATED CONDUCT

Section 7.1 It shall be a violation of this Ordinance:

6) To physically mistreat any animal by deliberate abuse, or neglect to furnish adequate care or shelter, including veterinary attention, or by leaving the animal unattended for more than twenty four (24) hours without adequate care.

Is this not what they did to the mare who had aborted her foal, and to the colt that had to be euthanized, due to ACs cancellation of vet appointments? Has adequate care been provided to the horses going through the sales barn? [blog owner: I feel the internal parasite infestation not adequate treated by JCAC while the animals were under their care falls under neglect, comparing a normal common parasite load to the mass expulsion of at least three types of parasites by horses dewormed after the auction]

10) To interfere with, hinder, resist, oppose, obstruct, issue a false report or molest an Animal Control Officer in the performance of his/her duties, or for any person to remove any animal from an Animal Control vehicle or Animal Shelter property without permission of the Animal Control Manager or Officer.

Is this not what JCAC has been doing all along? Follow the money trail!

11) To fail to comply with the requirements of this Ordinance or Federal or State Statutes applicable to keeping of an animal or a facility where animals are kept.

JCAC is in violation of it's own ordinances!

Section 7.3 It is unlawful for any person to fail to provide medical care when an animal is in pain or distress, including but not limited to the following:
1) In a state of emaciation.
2) Unable to rise and walk
3) Unable to urinate or defecate.
4) Crying out in pain.
5) Unable to eat or drink.
6) Suffering from unattended broken bones, wounds, burns or contusions.
7) Painful or difficult breathing.
Passing blood in urine, feces and/or vomit.
9) Presence of maggots or infested with other parasites.
10) Severe skin disease.

Farrier work and not to mention the underage bred fillies due to JCACs ignorance of animal husbandry and the release of studs to roam at large. Hasn't a vet preg checked already to confirm? [blog owner: yes, the 3 year old grulla mare at Tom Moore's auction was pregnancy tested and found to be bred for a 2008 foal, although the defendants had not bred any of the mares this year]

ARTICLE 13
VIOLATIONS AND PENALTIES
Section 13.1 In the event of a violation of this Ordinance, the Animal Control Manager, his/her deputies or other law enforcement officers may issue a citation or seek a warrant for the person in violation, summoning him/her to appear before a district court within the County to answer the charges made regarding violation of this Ordinance.

SOOO if the County Commisioners are the fathers of this ordinance it is time for the County Commissioners to start issuing citations to ACOs - Don't cha think? [blog owner: good luck getting a reponse from the Board of Commissioners]

How many more violations can you find???

Adding one more from the same ordinance, although it applies to dogs it should apply to the horses too:

ARTICLE 7

PROHIBITIONS AND REGULATED CONDUCT

Section 7.1 It shall be a violation of this Ordinance:

2) For a dog in heat (estrus) to be accessible to a male dog except for intentional breeding purposes.

Keep up the good fight!!

Thanks for the guest article; good to know folks outside of Michigan care about what is happening here.

Morning update:

Here's a couple more -

Section 3.4 Animal Control Manager and Officers shall wear satisfactory identification and carry a picture identification card when enforcing this Ordinance and State Laws.

No where does it say T-shirts [blog owner: a reference to money allegedy required to pay for t-shirts for the rescue volunteers, part of the forfeiture bond money]

Section 4.1 The Animal Control Manager shall operate and maintain an adequate facility as a shelter to receive, care for and safely confine any animal in the Officer's custody under provisions of this Ordinance. The Animal Shelter shall be accessible to the public during the days and hours in which County Offices are open and/or such other hours as may be authorized by the Board of Commissioners.

If T3 is the designated JCAC shelter for the horses, why is it not accessible to the public as stated? Once again in their ordinances.

I know in this state we have open Commissioners meetings every month and a posted agenda. Has any one contacted the Commissioners to be in a meeting and put on the agenda to address concerns? I go would flood the meeting area with all the concerned citizens I could get and let the media know too!

Just one more after thought - if the Commissioners have signed on to these ordinances and are not willing to enforce what they implemented - are they not as guilty as JCAC? These are elected officials take it it to the voters and take it up the chain of command! Time for a RECALL!

Terry Dishman - Oklahoma

P.S. Feel free to use my name and state, I fought for this country and its citizens rights for 20 years. I'm a retired military vet (1994) of Viet Nam, Grenada, Panama, and Desert Storm. This just chaps my jaws. I belong to a Cattleman's Association and the AQHA.

Out of the frying pan...

In the past several days, there have been some HEATED discussions on the message boards that boil down to this: if the horses had been properly cared for in the first place, JCAC would not have stepped in, so I can't blame JCAC for their actions.

This analogy is similar to a young woman wearing a short skirt and getting raped, and the theory that she wouldn't have been raped if she hadn't been wearing the short skirt, so it must be her fault and you can't really blame the rapist, she was "asking for it."

I have shared what I believe to be true as well as what I've witnessed with my own eyes on this blog.

I have spoken to a couple of people who saw the horses shortly after seizure. I know that some of them looked very, very bad. I'm not trying to say that Matt and Jim were doing everything right and JCAC chose to pick on them.

Instead, I am looking at the actions of JCAC from the time they first entered the property and posted a notice for the owner/manager to contact them (3/14) and the time of the ex parte seizure (3/21) and the fact that they are supposed to give a warning and 30 days to fix things, and follow up. I think it was premature to seize the farm and that a "fix-it ticket" would have saved Jackson County taxpayers a lot of money. I believe it violates the Right To Farm Act. I believe that the farm was following GAAMP* for Equines. Although things may have not been handled the way other equine professionals would have handled them, I do not feel, based on the pre-trial testimony I have read, that they were torturing horses.
*GENERALLY ACCEPTED AGRICULTURAL AND MANAGEMENT PRACTICES

Since that time in March, a lot of things have happened that are very suspect. The forfeiture hearing, for one ... you can have your horses back, even though you are accused of torture, if you pay $134,000 in trumped-up fees? (Don't forget the donuts.) That sounds suspicious and highly unusual. The horses were kept on the very same farm that JCAC claimed was dangerous, unsuitable, and according to passersby the farm has not been "improved" much. Allegedly, young horses are being kept in small dirt paddocks, while over 80 acres of grass pasture could be utilized but is untouched.

The final straw that prompted my full scale involvement, was seeing these horses with my own eyes, six months after the seizure, looking the way they did at the auctions. There is no excuse, none at all, for the condition of those weanlings, and for them putting a mare and foal through the trauma of separation at an auction house ... just appalling. Many people have contacted me who would rather not be named, do not trust the defendants, yet are still upset with JCAC's actions.

And that is where my focus will remain ... on the fates of these horses, and the repercussions that should arise from this case. Imagine, for a moment, if you will, if the defendants are found not guilty on the charges. ALL of their horses are already GONE. It has been reported that a kill buyer was bidding at the first auction, the only one I missed. There can be no justice if property and/or livestock can be liquidated BEFORE a trial takes place!

10 horses missing!!

In the transcripts of the forfeiture, you will see that the judge orders Jackson County Animal Control to sell the horses to the public in order to recoup their expenses.

By JCAC's own account, after the foals were born, they had 80 head of horses.

19 were sold at Napoleon Livestock in September.

7 were sold at Tom Moore's in Onsted on October 6.

10 were sold at Napoleon Livestock on October 20.

Now, Tom Moore's catalog announces 34 will be sold on November 4 at the MSU Pavilion.

Where are the missing 10 horses that JCAC is required by law to SELL to the public to recoup the taxpayers money, not give away to volunteers, friends or family?

Who's in charge?

State officials "we" have been able to reach have referred us back to Jackson County officials as far as finding who JCAC is accountable to.

These are the email addresses of the Jackson County Board of Commissioners. This is publicly available information. Write to them and demand an explanation for the condition that horses in JCAC's care are in. Demand accountability. Demand a third party investigation of the premises which JCAC found unsuitable for horses, but has not removed the horses from. We need the investigation done prior to the final scheduled auction on Nov. 4, so time is of the essence!

Jackson County Board of Commissioners
CHerl@co.jackson.mi.us
DLutchka@co.jackson.mi.us
PDuckham@co.jackson.mi.us
ejpolesk@co.jackson.mi.us
JVideto@co.jackson.mi.us
JShotwel@co.jackson.mi.us
GMahoney@co.jackson.mi.us
mbrown@co.jackson.mi.us
PASmith@co.jackson.mi.us
mway@co.jackson.mi.us
delwell@co.jackson.mi.us

Copy to acting County Commissioner:
RTreache@co.jackson.mi.us

Let them know how you feel about the documented parasite infestations found in JCAC horses, about the lack of farrier care, about the ribs and other bones plainly in sight. Obviously, it would be best if you've been to one or all of the auctions, or have hands-on contact with one or more horses purchased at the auctions. Photos, like the one of Slim at the top right of the blog, are compelling but irrelevant to officials ... let them know if you have put a hand on one of these horses and felt the bones yourself, or if you have documentation in hand of the fecal results.

Objecting to JCAC's actions.

I am attempting to determine public interest in an upcoming peaceful protest and information dissemination.

If you would like to be involved, please email me privately.

xpButtercup -at- gmail.com

This is unrelated to the pending legal case against defendants Matthew Mercier or James Henderson of the Turn 3 Ranch, the accused who have not yet faced trial. This is simply to discuss *alleged* neglect at the hands of Jackson County Animal Control as evidenced by the condition of the horses auctioned 6-7 months after seizure. You do not have to support the defendants in order to participate. -- XP

How YOU can help.

People have been asking me what they can do about JCAC's handling of the Turn 3 horses. Regardless of what they believe to be true about the accused, they are as appalled as I was to see the condition of the horses that JCAC sold at auction 6-7 months after the farm seizure.


Here's what EVERYONE can do:

Write a handwritten letter. Mail it in an envelope, with a stamp. (A mailed letter will get more attention than 20 emails.)

Send it to these people:

Kevin Ragan, News Director
WILX-TV
500 American Road
Lansing, MI 48911

Kaci Lyons, Producer
WILX-TV
500 American Road
Lansing, MI 48911

Beth Shayne, Reporter
WILX-TV
500 American Road
Lansing, MI 48911

Richard Ramhoff, President and Publisher
Lansing State Journal
120 E. Lenawee St.
Lansing, MI 48919

Michael Hirten, Executive Editor
Lansing State Journal
120 E. Lenawee St.
Lansing, MI 48919

In the letter you should reference you read an article/saw a news story on _____ date and discovered errors in the facts presented, and an unbalanced slant to the story. You feel it is the responsibility of the media to present a more fair and balanced representation of the story. Present a summary of your side of the story and your stance.

Do it immediately! If you wait, you will forget. We want media coverage before the final sale of Turn 3 horses on November 4 at the MSU Pavilion. Your letters are needed TODAY.


Here's what people who witnessed the auction horses firsthand can do:

Contact Kristin Longley at 517-768-4917 or email klongley@citpat.com and express your feelings about the condition of the horses. I am under the impression that she is writing an article that will be in print before the end of next week, so time is of the essence.

If you are a resident of Jackson County, Michigan:

Write your county's board of commissioners. Demand accountability for the expenses claimed and actions taken by Jackson County Animal Control and accountability for the conditions of the horses six full months after seizure.