Judge to consider dismissing the remaining charges.

Now, just how DID evidence in an ongoing court case end up in a box labeled with the county employees' boyfriend's address on it?

Dismissal of horse charges considered
Saturday, May 31, 2008
By Steven Hepker
shepker@citpat.com -- 768-4923

A judge will be asked to dismiss the criminal neglect case against two Grass Lake horse farmers just days before the June 16 trial.

Circuit Judge Chad Schmucker agreed Friday to consider defense motions to dismiss the cases against Turn-3 Ranch owner James Henderson and farm manager Matthew Mercier on June 13.

Schmucker earlier tossed all felonies against the men and Circuit Judge Thomas Wilson ruled in a civil case that Jackson County must pay for 69-plus horses it seized and sold.

Defense attorneys Michael Dungan and Ronald Fabian will seek to dismiss the remaining misdemeanor count based on evidence Jackson County Animal Control apparently lost, and on allegations the search warrant was based partly on lies by a witness.

Remove false statements that allowed a search of the farm on March 20, 2007, and the criminal case crumbles, Dungan said.

Fabian said Animal Control officials admit most of the evidence he is seeking is lost, or at least not in the county's possession.

Among the missing evidence is a dry-erase board upon which Mercier kept track of medications and treatments for various horses.

"Imagine how I would use that in a jury trial," Fabian said.

Schmucker said he will move forward based on a June 18 trial date. Because animal neglect is a misdemeanor, the trial will require six jurors and two alternates, rather than a dozen jurors, he said.

Assistant Prosecutor Jerard Jarzynka said the trial will take about a week.

The trial could be put on hold indefinitely if the Michigan Court of Appeals agrees to hear appeals by Jackson County prosecutors in recent rulings by Wilson and Schmucker.

©2008 Jackson Citizen Patriot / Michigan Live. All Rights Reserved.

So, where is the rest of the missing Turn 3 Ranch property? Maybe you should be checking your county employees' friends and families homes and barns, Mr. Prosecutor. Amazing where valuable "evidence" ends up.

People continue to speak out.

Jackson Citizen Patriot has been hearing a lot from readers of this blog lately.

County makes it worse in horse case
Posted by Jackson Citizen Patriot
May 30, 2008 10:23AM
Categories: Voice of the People

BROOKLYN — I am appalled at the county prosecutor's office and its handling of the case involving the horses seized in Grass Lake.

The prosecutor says this case isn't over yet and that he is appealing because, if his office does not, the county will have trouble paying James Henderson back.

A couple of questions arise. Isn't an appeal due to matters of law rather than finance? I didn't think you got to appeal because the county can't pay, or because you do not like what the judge ruled.

Now, two respected judges in our county have ruled in favor of the men being prosecuted. Is the county saving money by paying for appeals and the staff to chase them? Is it saving by continuing to persecute two men who have done nothing wrong? All the prosecutors are accomplishing is making the situation worse. I am sick of the ends that Jackson County seems to go to hide its mistakes.

I know there are people who still think the county and animal control is in the right, but they are not. I am glad people are finally seeing this for what it is. A lot of taxpayer money is going down the drain so a few people in the prosecutor's office, in animal control and on the county Board of Commissioners can save face.

This just makes me sick. You made a mistake, fess up, pay up and move on!

— Melissa Adams

Keep telling them, and keep setting the record straight in the comments. Be polite, honest and to the point. People are watching, listening, reading. Sadly, many still believe the lies reported well over a year ago, but public opinion is changing with every letter published.

Neglect, not neglect.

Folks, THIS is neglect:


(one of many starved Arabians from a recent Florida case)


(a rescued Saddlebred being rehabilitated at Horses Haven)



THIS is NOT neglect:


(Turn 3 Ranch, March 2007)


(Turn 3 Ranch, March 2007)


Just making sure we don't lose perspective, here.

Busy day!

Even more in the Cit Pat today.

Judge denies motion to postpone Grass Lake horse case
Posted by Steven Hepker
Jackson Citizen Patriot
May 23, 2008 10:56AM
Categories: Crime/courts

A judge Friday denied a prosecution motion to postpone the June 16 trial in the Grass Lake horse case pending appeal.

Circuit Judge Chad Schmucker said the misdemeanor animal neglect case will go forward against farm manager Matthew Mercier and Turn 3 Ranch owner James Henderson.

Henderson's attorney, Michael Dungan, argued that if the trial is delayed, Henderson will lose his job as a probation agent in Ann Arbor.

Dungan said Henderson, who is suspended from his job, will be fired if the charge remains on July 1.

Assistant Prosecutor Gerrold Schrotenboer told Schmucker he will file appeals early next week and ask for an immediate decision whether the Court of Appeals will consider the appeal.

Prosecutors will appeal Schmucker's recent ruling that tossed felony torture charges, and a ruling a week ago by Circuit Judge Thomas Wilson that Jackson County must reimburse Henderson for the loss of 68-plus horses.

The county Animal Control seized the Grass Lake horse farm in March 2007 and eventually sold or gave away the horses and their offspring.

Smell that, Jackson County Animal Control?
(No, it's not your old filthy, disease-ridden shelter.)

Thanks for noticing.

Kudos to the Cit Pat for this article, enlightening residents on the costs that Jackson County is passing along to them.

Horses' seizure, sale begs questions
Posted by Jackson Citizen Patriot
May 23, 2008 09:33AM
Categories: Editorial

Issue
A judge orders Jackson County to pay the owner for horses it seized and sold off.

Our Say
The way that county officials handled this case could be very expensive.

The following is a Jackson Citizen Patriot editorial for May 23:

With every court ruling, it's becoming clear that Jackson County got more than it bargained for last year when it seized 69 horses from a Grass Lake farm.

County officials' actions since stepping foot on the Turn-3 Ranch in March 2007 have turned out to be expensive for taxpayers. That's especially true after Circuit Judge Thomas Wilson last week said the county will have to pay back the horses' owner after selling the animals.

Of course, the public should have been interested in the well-being of animals on the Turn-3 Ranch. But while officials acted in good faith, their handling of this should lead to questions.

Did officials at all levels of the county — from commissioners to the animal-control office to the prosecutor — make the best decisions? Did they get the best advice along the way? Could any of this been avoided?

Supporters of farm owner James Henderson Jr. and manager Matthew Mercier have been adamant that they did nothing wrong. That's a matter for the courts to settle, but Henderson and Mercier have refused to budge, even when faced with felony torture charges. A judge later tossed out those charges.

It's a stretch to say that this duo has been railroaded by local government, but the county's go-for-broke approach to this entire situation has backfired.

Today, county taxpayers are out $130,000 for the horses' care, plus whatever amount a District Court judge might order (prosecutors are appealing Wilson's ruling).

Should county officials have done anything differently? It's playing Monday-morning quarterback to say at this point, particularly as Henderson and Mercier still face criminal charges.

Still, the government's handling of this entire case raises doubts — expensive ones that the public might be paying for quite a long time.

Nice. Please add your comments on the Cit Pat link.

Rescued? Not exactly.

I want to show you a current photograph of a horse that was bought at a Napoleon auction last fall. This is one of the Turn 3 horses that was seized in March 2007.
(First off, this photo belongs on the Unsafe Fence site.)

It is now late May, 2008. This two year old looks no bigger than a yearling, his growth apparently stalled over the past year, and probably permanently stunted. While other horses lost their shaggy winter coat 30-60 days ago, and are sporting sleek shiny new summer coats, this stud colt still retains his which is a clear sign that he's not healthy on the inside.
(Could be worse. At least he's alive—for now.)

A couple of my horses in May of years gone by
(obviously, I tend to err on the side of "overfed")

Indeed, it is easy to see the colt's protruding spine and hip bones. There is no top line, no protective fat layer along his backbone. While his belly looks fat, knowledgeable folks know the "bloated" look combined with a dull coat is an obvious sign of severe parasite problems in the digestive tract. We know that many of the horses sold by Jackson County were infested with them, and have eye-witnesses and vet records to prove it. If this poor boy has been dewormed, it wasn't enough. Deworming a horse with a severe parasite load is a delicate process that involves several steps and careful execution to avoid fatal side effects.

Here is one of MANY photos taken within days of the seizure, that shows the true condition of the majority of the herd at the time. Fuzzy due to a cold wet winter, but clearly well fed.

In fact, the "rescued" colt at top looks worse a year after the seizure than 96% of the Turn 3 horses looked at the time the ranch was seized. As a matter of fact, of the many photos I have examined, the ONLY horse that looked worse was a young mare that had nearly died from a severe colic episode (many famous and expensively maintained horses have been lost to sudden colic), lost a dramatic amount of weight within a couple of weeks, and was being appropriately cared for in her rehabilitation.

One of the other horses deemed "emaciated" actually looked better than this gelding. And she looked 500 times better than this truly starved Saddlebred mare, Angel, that was taken in by Horses Haven last year. (Fair warning: there are more heartbreaking photos at the link.)
(Please click on her name to help sponsor her recovery!)

Angel, now recovering at Horses Haven

Turn 3 mare that the county's "expert" deemed just as bad as Angel
(actually looks great for her advanced age and athletic build,
can see fat padding along the spine, hip and shoulder;
slightly underweight being preferable and healthier than obese)

But that's not even the worst of it.

Remember meeting Jamie last year?

In December, the discovery of Jamie's aborted foal greatly upset her new owners.

graphic photo

This dead foal fetus, the result of Animal Control's gross mismanagement of the Turn 3 herd, is actually a blessing for her momma ... horses are not mature enough for a healthy pregnancy until at least age 4 or 5, with most conscientious breeders waiting until full growth is achieved at age 6 or 7.

A pregnant two year old filly is roughly similar to a 12 year old girl having a baby. It invites dangerous complications, and interferes with healthy growth. Many people do not even start training their horses to ride until they are 4 or 5 years old, due to complications later in life due to starting them too young.

Jamie was far from the only Turn 3 horse impregnated after the seizure. There are other reported spontaneous abortions (a natural defense for the too-young mare) and owners upset due to the loss of use of their new mares due to unplanned and unwanted pregnancies, as well as the problem of having a foal with an unknown sire that—despite its quality lineage—cannot be registered.


It's been over a year since this fiasco began. Jackson County failed its citizens.

Allow it to end, Prosecutor Blumer. Stop the appeal process, and let those lives affected begin to heal.

Several articles from thehorse's mouth.

Did not mean to overlook these recent articles that were published at the online site, TheHorse.com—thanks to Pat Raia for keeping the equestrian community informed.

Felony Charges in Michigan Horse Abuse Case Dismissed
by: Pat Raia, thehorse.com
May 01 2008, Article # 11786

A judge yesterday dismissed the felony animal torture charges leveled against two Grass Lake, Mich., men in a case that began more than one year ago.

According to attorney Ronald J. Fabian, who represents defendant Matt Mercier in the case, Jackson County Circuit Court Judge Chad C. Schmucker dismissed three counts of felony animal torture against Mercier and codefendant James Henderson, Jr.

The pair were charged with the felonies and one count of misdemeanor animal abuse in March 2007 after authorities seized a total of 69 horses owned by Henderson from a ranch operated by Mercier.

In his five-page opinion, Schmucker ruled that the District Court erred in finding probable cause in the case.

"There was no finding by the District Court to suggest that either of the defendants knew their actions were wrong at the time this crime was committed or that they intended to cause physical or mental harm to any of these three animals," said Schmucker.

The pair will appear in Schmucker's court June 16 on the misdemeanor charge.

Jackson County Chief Appellate Attorney Jerrold Schrotenboer said the prosecutor's office is "considering its options" in the misdemeanor case, but according to Fabian, the dismissal of the felony charges could open the door to further litigation.

"Now that the felonies are gone," said Fabian, "the question becomes, can these guys sue the county for malicious prosecution?"

Since the horses were seized, one was euthanized, three were adopted out, and the rest were sold to defray the cost of their care to the county.

Another on May 18:

Michigan County to Reimburse Abuse Defendants for Seized Horses
by: Pat Raia
May 18 2008, Article # 11893

A Jackson County, Mich., judge ruled on Friday that James Henderson Jr. was improperly forced to forfeit 69 horses during a controversial animal cruelty case, and that he should be reimbursed for their value.

According to Ronald J. Fabian, attorney for Matt Mercier, the horses' caretaker, Circuit Court Judge Thomas D. Wilson ruled that there were no reasonable grounds for Henderson to forfeit his horses. Wilson also ordered the county's District Court to determine the value of the horses--most of which were sold to cover the cost of their care--and pay Henderson that sum.

In March 2007, Henderson and Mercier were each charged with three counts of felony animal torture and one count of misdemeanor animal abuse after Jackson County Animal Control authorities seized a total of 69 horses owned by Henderson from a ranch operated by Mercier. The felony charges were dismissed last month by Circuit Court Judge Chad C. Schmucker.

Neither Mercier's attorney Michael Dungan nor prosecutor Jerrold Schrotenboer were available for comment.

And again on May 19:

Prosecutors Planning to Appeal Seized Horse Reimbursement Ruling
by: Pat Raia, thehorse.com
May 19 2008, Article # 11900

An attorney with the Jackson County, Mich., prosecutor's office said Monday he will appeal a Circuit Court ruling that horses at the center of a controversial animal cruelty case were improperly seized, and that their former owner be reimbursed for their value.

"We're going to appeal (Circuit Court Judge Thomas D. Wilson's) decision," Chief Appellate Attorney Jerrold Schrotenboer said. "We're also going to appeal the decision to toss the felony charges."

The attorney for horse owner Jim Henderson, Jr. was unavailable for comment.

In March 2007, Henderson and Matt Mercier were each charged with three counts of felony animal torture and one count of misdemeanor animal abuse after Jackson County Animal Control authorities seized a total of 69 horses owned by Henderson from a ranch operated by Mercier. Since their seizure, one horse was euthanized, three were adopted out, and the rest sold to defray the county's cost of their care.

On Friday, Wilson ruled that there were no reasonable grounds for Henderson to have been ordered to forfeit his horses. The ruling went on to direct the district court determine the horses' value in order to pay Henderson. For more on this see "Michigan County to Reimburse Abuse Defendants for Seized Horses."

Wilson also found that the horses had not been abused or neglected while under Henderson's ownership, or under the care of co-defendant Mercier.

"That means my client did nothing wrong," said Ronald J. Fabian, Mercier's attorney.

Last Month, Circuit Court Judge Chad C. Schmucker ordered the felony charges against Henderson and Mercier dropped, as the District Court had erred in finding probable cause in the case.

Schrotenboer said the county will move forward with the single misdemeanor charges pending against the pair.

"We're going to court on the misdemeanor charges on Friday, but we're going to ask for a stay in that case so we can prepare our appeal," he said.

Kimberlee Luce, animal control director Jackson County at the time the seizure took place, was unavailable to comment on the case. Laura Steenrod, who served as spokesperson for the Leelanau Horse Rescue, a group which coordinated donations for the horses after they were forfeited to county care, was also unavailable. Steenrod and Leelanau Horse Rescue were not directly involved in the horses' care.

Continued coverage of this case by the horse community will help restore public image at least within the equestrian world, but nothing can be done about the association their names will always have with this controversial case.

More major media coverage.

We've been waiting a long time for this.

County Ordered to Reimburse Horse Owner Accused of Neglect
Posted: May 19, 2008 07:43 AM
Alison Himelhoch, WLNS TV 6 Lansing Jackson Michigan

A big blow for Jackson County. A judge has ordered the county to pay thousands of dollars to a local horse owner. You may recall the owner and a caretaker are accused of neglecting dozens of race horses. For James Henderson, horses are his passion.

James Henderson: "Raise and race and barrel race horses, I love doing that."

And soon he'll be able to afford to do that a lot more. Friday, a judge ruled Jackson County must pay Henderson for property he used to own.

James Henderson: "I was overjoyed."

Fourteen months ago, Jackson County Animal Control seized 69 horses owned by Henderson. They say the horses had been neglected. They treated the animals and sold them in auctions last year. Matt Mercier was the animal's caretaker, which is why the judge says it wasn't fair for Henderson to have to forfeit the animals.

James Henderson: "The law is in our favor, I'm not the caretaker of the horses. I believed Matt was taking care of horses, always taken care of horses appropriately before."

Prosecutor: "We believe, with all due respect, that the district court judge made a legal mistake in his ruling. What he's saying is, if you don't want to be responsible for your animals, just hire a resident agent and they can never take the animals away from you."

But the prosecutor says this case isn't over yet.

Prosecutor: "We will be appealing this, no doubt about that."

Because he says, if they don't, the county will have trouble paying Henderson back.

Prosecutor: "The county is hurting financially and this certainly wouldn't help."

James Henderson: "I would say probably close to $500,000. That's just the animals, that's not including my other property."

Money which Henderson says will help him move forward.

James Henderson: "What's next for me is I'll be buying a really nice farm."

A district court judge will now decide just how much the county will have to pay Henderson, but that case could be delayed when the county appeals the forfeiture decision.

All content © Copyright 2000 - 2008 WorldNow and WLNS. All Rights Reserved.

It feels good to have taken a part in exposing Jackson County's misguided forfeiture and being a part of seeing justice for the defendants.

Worried about paying for what you took, Jackson County? Should have thought of that before ignoring due process and the Right To Farm Act and standard operating procedure ... should have never taken those horses and all that personal property still missing ... should have never underestimated the farmers and livestock owners out there who make a daily living on "messy" farms to put food on your table and mine.

Henderson's reaction

More media coverage of the judge's recent ruling:

Horse Ranch Owner Reacts to Judges Decision
Judge rules that 69 horses seized from James Henderson Jr.'s ranch be returned.

Posted: 6:26 PM May 18, 2008
Reporter: Tiffany Teasley

James Henderson Jr. says his connection with horses is like none other.

"If you actually ride a horse, you really become connected with that horse and you really become one," Henderson said.

But that connection was put on hold last year when Jackson County Animal Control seized 69 of his horses. The county impounded the horses from the Turn Three Ranch owned by Henderson and his ranch caregiver Matthew Mercier. The county alleged thee horse were left with little to no food water and inadequate shelter.

"Emotionally this has been absolutely devastating, this has been going on for a year," Henderson said.

But on Friday a judge ordered the return of those horses.

"I was elated, I was absolutely elated, that the judge followed the letter of the law," Henderson said.

The judge says the county didn't prove the horses were neglected when they were seized. Now begins the tedious process of tracking down those horses.

"Some have been sold two or three times over and those will be impossible to find," Henderson said.

Some horses were auctioned off and 11 were adopted, and Henderson says those should be relatively easy to track down.

"All the ones that were adopted out will be very easy to be found," Henderson said.

While Henderson doesn't plan on keeping Matthew Mercier as his caregiver he does plan on opening another ranch.

"When this gets over, I see myself doing it on a smaller scale so I can actually go back to riding and competing," Henderson said.

The Jackson County prosecutor's office plans to appeal the decision.

Jackson County ... you have nothing to gain by appealing this decision. The taxpayers are done funding your wrongdoing. Give them a break, and let people attempt to go on with their lives.

I'm disappointed that Ms. Teasley did not use this opportunity to report that some of the horses will not be able to be "recovered" because they were shipped to slaughter in Canada. I hope she chooses to follow up on the recovery process and expose this atrocity.

Perhaps readers would like to contact WILX and other media sources, and reiterate this grisly truth to the public.

Tell Prosecutor Blumer: ENOUGH.

Today's news:

County must pay for horses
By Bill Chapin
Jackson Citizen Patriot
May 17, 2008 08:00AM
Categories: Top Stories

Jackson County will have to pay the owner of the horses seized from a Grass Lake Township farm last year for his lost property, a Circuit judge ruled Friday.

Jackson County will have to pay the owner of the horses seized from a Grass Lake Township farm last year for his lost property, a Circuit judge ruled Friday.

Judge Thomas Wilson said last year's district court decision by Judge Joseph Filip ordering James Henderson to forfeit his herd based on allegations of animal cruelty was improper. The civil case was returned to the district court to determine the amount owed to Henderson, which could include not only the value of the 69 original horses, but the value of more than 10 foals born after the seizure, lost stud fees and other lost income.

Matt Mercier, who managed the herd, said he estimates the fair-market value to be about $500,000. The county sold most of the horses at auctions in the fall for about $50,000.

Henderson and Mercier still face misdemeanor animal cruelty charges. Felony torture charges against them were dismissed on April 30.

Friday's ruling "vindicates Jim Henderson (and shows) that Jackson County didn't do a proper investigation when they started this thing," Mercier said, "and it should never have gotten this far."

County prosecutors say they plan to appeal the decision.

"We respectfully believe the judge erred in his decision," said Chief Assistant Prosecutor Mark Blumer. "We believe the forfeiture was a proper order from the court."

In his ruling, Wilson said Henderson may have owned the animals but did not have "charge or custody" of them "and was in fact an innocent owner in these circumstances." Wilson said there was a lack of evidence about how much direct involvement Henderson had with their care.

Wilson also said he was given no details on sections of damaged fencing through which horses had escaped, including whether any steps were being taken to repair it.
"Even looking at it in a light most favorable to the prosecution, that would not be enough for me to find that there was a failure to provide adequate care," he said.

"Even if I was to find Mr. Henderson in some way vicariously in custody of the animals, that there was a failure to provide adequate care as defined in the statutes, that should apply to 13 of the 69 horses."

Testimony in the case indicated the other 56 horses were in OK condition when the county took control of the Turn-3 Ranch in March 2007.

The county has spent more than $133,000 on the case, not including prosecution costs.

"This thing's been ugly from the get-go," Mercier said. "They should never have handled this case the way they did.

"Jim Henderson can start rebuilding what Jackson County took from him."

-- Staff writer Holly Klaft contributed to this story.

Write your letters today, and be sure to impress upon Jackson County that its taxpayers do not wish to fund an appeal ... tell the prosecution to give it up already.

Taxpayers have had enough!

Kudos, Judge Wilson.

This brought tears to my eyes.

Judge: Horse forfeiture was improper
Posted by Holly Klaft
May 16, 2008 17:01 PM
Categories: Breaking News

The forfeiture of 69 horses in an animal cruelty case was improper, a judge ruled today.

Circuit Judge Thomas Wilson made the ruling in the case that involved two Grass Lake horsemen who were recently cleared of felony torture charges.

County prosecutors say they plan to appeal.

I don't regret an ounce of effort that I have put into this campaign. I have known since I saw the first pictures come back from the first auction, since I felt the ribs of those parasite-infested foals, that I was absolutely positively doing the right thing.

Jackson County should be forced to pay back not only the real value of each and every horse that they confiscated but lost income and personal suffering at being labeled animal torturers and knowing that your beloved horses were mismanaged by Jackson County and sold to unknown fates.

Can you put a value on a reputation? Can you put a price tag on an animal you raised since birth?

And more support.

Another letter:

System does injustice to Henderson, Mercier

Posted by Jackson Citizen Patriot
May 15, 2008 10:01AM
Categories: Voice of the People

JACKSON — I can honestly say I am ashamed to live in Jackson County after the absolute fiasco that Animal Control has caused James Henderson and Matt Mercier.

This is the second time in my lifetime that I have seen injustice in this county, and that is too much.

I have tracked this whole Grass Lake horse story from the very beginning, and it is sad to say I am appalled at not only our judicial system, but those in authority, period.

Just because you have a high-ranking job does not remove you from taking responsibility for your actions, right or wrong.

You are human, and you can make mistakes. The difference is we "everyday people" have the moral obligation to admit when we are wrong. Apparently Animal Control and Mark Blumer are exempt from that.

My only hope is that these two men and their families will be able to heal from the scarring that these people have inflicted on them. No amount of money can ever replace what was lost.

Well Animal Control got its pictures in the paper and its name on the news. I hope officials there are satisfied!

— Christina Hayden

Keep at 'em.

Keep the letters coming.

Latest:

Treatment of horses amounts to stealing

Posted by Jackson Citizen Patriot
May 11, 2008 08:03AM
Categories: Voice of the People

LEONI TOWNSHIP — It is about time the newspaper represented James Henderson and Matt Mercier in a fair manner. We stopped our subscription because all of the articles made them out to look like animal abusers based on what Animal Control said.

Animal Control did not provide a better living environment for those horses. It delayed treatment for the injured colt and didn't have a clue about grain when they took over.

Animal Control had no right selling or disposing of any of those animals before those men were proven guilty and they were given rights to the animals. These officials ought to be prosecuted and charged with theft and animal cruelty, considering the conditions of the horses they sent to auction and sold.

The horses they sold should be re-claimed because they are "stolen" and should have never been sold. County officials also should be responsible for restitution. This whole ordeal was wrong.

— Jackie Briggs

I hope all blog readers take just a few minutes and write a letter or two. The damage done to the reputations of Mercier and Henderson may never be undone, but you may help to change the minds of some.

Thank you, Judge Schmucker.

For seeing what we've all been saying, all along.

From his decision:

"...there is simply no evidence that these Defendants intended to harm any of these three animals."

"...the District Court erred in finding probable cause. The three felony charges are dismissed against both Defendants."

It is so refreshing to see the right thing happen after so many months of incredible wrongs.

Filip: You too.

I want to hear from Judge Filip, who gave these 80+ horses to Jackson County last summer, how he feels about the documented neglect they suffered at the hands of JCAC agents.

I want to know what he thinks about Summer's foal, where ever the poor thing may be now.

I want to know what he thinks of the sale by Jackson County of that beautiful, registered and well-bred chestnut Quarter Horse mare—sold as a grade horse, well below market meat price—at Napoleon, and the subsequent transfer of ownership to a kill buyer, who is known to have put Summer (and an unrelated stallion from the same sale) on a truck bound for slaughter facilities in Canada within days of the auction gavel falling.

They cared not about her eventual fate, or this would have been handled as a TRUE RESCUE is handled. Horses in need of rescue are:

• a body condition score of 1 or 2 (very thin) and not being treated, not 4 or 5 (ideal)
• legally obtained from the previous owner(s) after a trial and conviction
  
• rehabilitated by the rescuing group, not neglected by them
• adopted out to inspected, approved homes and followed up on...

• not allowed to be indiscriminately pasture bred
  
• not sold with papers belonging to other horses
• not sold with heavy infestations of at least three types of parasite
• not sold with cracked, chipped hooves, past due for routine care
  
• not sold at public auction, at or below "kill pen" (meat) prices

So, your honor, it is on you now. I want a public apology.

To the defendants, and to those horses that YOU helped to kill.

I'll be waiting.

Treacher: Man up.

This quoted text copied from email sent by Randy Treacher last year, to those who spoke out against the seizure and auction of the Turn 3 horses:

The foals will not be removed from their mothers
until they are weaned.

Horse slaughter, as you know, is illegal.

Randy Treacher

When confronted with a follow-up email recently, Mr. Treacher reportedly sent the correspondence to the police, accusing the sender of harassment.

He doesn't WANT to hear about Summer's unweaned foal being pulled off her AT the Napoleon auction. He doesn't WANT to hear about Summer being sold to a horse dealer who ships them to slaughter just across the border in Canada.

I suppose it is the only way he can sleep at night, knowing that he supported and condoned the actions taken against Turn 3 in Jackson County last year. The defendants will not be charged with felony torture. The charges were dismissed.

So, Mr. Treacher: Will you admit that you were wrong? This is not harassment, this is a simple question with a simple yes or no answer.

Blumer: You 'protected' them?

Transcript from News 6 video update is available here.

WLNS reporter Alison Himelhoch narrates:
"Mark Blumer is in charge of prosecuting the pair. He says in March of 2007, animal control workers found 69 horses at the ranch, starving and malnourished." ...

Chief Assistant Prosecutor Mark Blumer, on camera with WLNS:
"The goal of this type of case, is first and foremost to protect the animals" ... "We won because we successfully protected those animals."

Mr. Blumer, are you on the same planet that we are?

First, I wonder if you'd like to repeat under oath that there were 69 starving horses, since it was testified in court months ago by equine experts that the vast majority of the herd was in near optimum body condition at the time of the seizure—neither over nor under ideal weight. Are you a licensed large animal veterinarian? Are you familiar with the Henneke system? Do you understand that, much like humans, thin is preferable to fat?

Second, you protected them? By sending them to slaughter?

What exactly did you protect them from... life? How many more Turn 3 horses will be traced to a grisly end before you admit that seizing them and selling them at auction was the wrong thing to do?

Not over; not even close.

Check out the comments on this article by clicking the title link.

Lawyers say horse fight not over
Posted by By Steven Hepker
Jackson Citizen Patriot | Top Stories
May 02, 2008 23:30PM

Attorneys for two horsemen vindicated of felony torture say they will win the remaining misdemeanor animal cruelty case and Jackson County will pay for the horses it seized.

Circuit Judge Chad Schmucker on Wednesday dismissed felony counts against farm owner James Henderson and herd manager Matt Mercier, saying there was no evidence the men intended to harm their horses.

"This is a case that never should have been brought in the first place," Henderson's attorney, Michael Dungan, said. "If Animal Control had only listened to their own veterinarian, and their own first choice horse rescue team, this case never would have been started."

Prosecutors maintain a history of neglect and poor conditions led to torture. They are still considering appealing Schmucker's ruling.

"If we do appeal, it will be in the next 10 days," Chief Assistant Prosecutor Mark Blumer said.

Animal Control investigated Turn 3 Ranch, east of Grass Lake, in March 2007 and took control of the farm and 69 horses. After the foaling season, the county eventually was responsible for maintaining more than 80 horses.

Nearly all were sold at auctions last fall, most at low prices reflecting the depressed horse market. Two barrel-racing stallions sold for $10,000 each.

The county's expense, not including prosecution, exceeds $133,000. The county sold the horses for about $50,000.

The tab could climb considerably if Circuit Judge Thomas Wilson rules the forfeiture was improper, or if Henderson and Mercier win in a threatened civil suit. Wilson will hear a motion May 16 to overturn the forfeiture ordered by District Judge Joseph Filip last summer.

Attorney Richard Ginsberg, who represents Henderson in the civil matter, will ask Wilson to toss the forfeiture ruling and order the county to make financial amends. Ginsberg could not be reached for comment.

Making Henderson whole again, in legal terms, could require replacing 83 horses, covering lost stud fees and other lost income.

The misdemeanor abuse case, separate from the civil forfeiture issue, is scheduled to go to trial June 16. The felony charges referred to three horses, while the cruelty case covers the other 66 horses on the farm in March 2007.

Ronald Fabian, attorney for Mercier, said Mercier will not take a plea in the misdemeanor case nor will Henderson.

"Jim would lose his job," Fabian said.

Henderson is a veteran probation officer for Ann Arbor, specializing in supervising defendants convicted of domestic violence.

Testimony in District and Circuit courts indicated Henderson was an absentee owner and that Mercier ran the farm. Testimony also has shown the farm was in disrepair, although a veterinarian testified before Schmucker that debris was mostly outside the horse pens and that Mercier followed his treatment recommendations.

The farm community has been uneasy about the action, fearing a foot in the door for further seizures of livestock deemed to be neglected, abused or tortured. Farmers fear animal welfare officers that confuse farm animals with household pets.

"Congratulations Jim and Matt," the road sign at the Napoleon Cafe declared this week after Schmucker's ruling.

"That is how the community looks at this case," Fabian said. "There was all kinds of testimony that these guys were regular farmers and that Animal Control's own veterinarian, Dr. Shray, said the horses were in good condition."

Testimony from various witnesses indicated Mercier and Henderson were not practicing the best of animal husbandry, and that some horses were undernourished and in need of veterinary care. Horses broke down fences and ran in the roads numerous times.

James Spink, a police officer, farmer and president of the Jackson County Farm Bureau, delivered donated hay to Turn 3 in the first two days it was seized.

"There were some issues with the condition of the facilities, and with enough feed on hand for that time of winter," Spink said. "But it wasn't felony torture. I think the judge ruled appropriately."

The Jackson County Sheriff's Office recently took over Animal Control, and there has been speculation that some Animal Control staff and the lead prosecutor on the Grass Lake case may have been forced out.

Undersheriff Thomas Finco said Friday no one was fired over the horse case, and that changes recently instituted were at the animal shelter and had nothing to do with horses.

"When we get cruelty to animal complaints, we are going to investigate them," Finco said.

As for the lead prosecutor, Assistant Prosecutor Jennifer Lamp was hired as an assistant prosecutor in Ingham County. She said at the time it was a career move.

"No one asked her to leave," Blumer said.

Regardless of the criminal and civil outcome, the way Animal Control conducts business may change.

Spink said the farm community will not tolerate animal abuse or torture, but also will fight further attempts to seize livestock or to equate farm animals with household pets.

Jackson attorney Alfred Brandt, who has handled several animal cruelty cases involving farmers, said he recommends that farmers facing an Animal Control investigation should contact the Michigan Department of Agriculture for an independent investigation.

That move helped him defend a Leoni Township farmer who was accused of keeping sloppy pig pens and not properly burying dead piglets. A judge tossed the case.

"Always call the Department of Ag," Brandt said. Early in the Grass Lake case, Animal Control called state veterinarians who said the horses' body conditions ranged from poor to moderate. They also said trash and debris posed safety risks to the horses.

Spink said the Jackson County Farm Bureau is working with local legislators to pass a bill that would require animal welfare officers to seek search warrants based on probable cause.

"Now, they can walk in your house or barn on a hunch," Spink said. "They have more search powers than law officers. This case snowballed out of hand, and Animal Control did not have a grip."

We're not going anywhere, Jackson County.

We want justice for the defendants, justice for Summer and all the other horses sent to death by your own doing, and to any other unknown ends, like to the so-called "rescue" that was begging online for hay it couldn't afford for the weanlings it purchased at Napoleon.

I'm sorry, Summer.

I'm sorry that someone decided you needed to be 'rescued' because your home was muddy and messy — like most older multi-purpose farms during a damp March in Michigan — and that you and your friends were seized by Jackson County Animal Control.

Summer (far right, nearest camera) at the time of the farm seizure in March 2007

I'm sorry that someone saw fit to tell the world that you were neglected, without food or water, for months. I'm sorry that the media reported such blatant lies, and your owners were labeled 'abusers' long before any trials took place.

Summer (middle) just two weeks after farm seizure

I'm sorry you and your friends were not given the minimum standards of basic horse care, such as routine deworming and hoof care, even though your caretakers claim it cost them over $134,000 to take care of you during those first months.

the neglected hooves of a luckier horse, immediately after the auction;
this young mare was dewormed and rehabilitated

I'm sorry that Judge Filip decided that Jackson County would be a better owner for you and your friends, when your rightful owners could not fork over $134,000 in a week's time. You understand, I hope, that there was no conviction of neglect — the judge didn't say that your owners could not have you back, just that they had to pay the money if they wanted to see you again. Like a ransom.

treated as a number ... and clearly NOT starved for six months,
as evidenced by the 'crease' of fat padding along the spine

I'm sorry you were taken to a dark auction barn full of strange smells and loud noises.

I'm sorry JCAC decided to sell your unweaned colt separately from you, and that he was suddenly taken from your side. I'm sure he called for you as loudly and frantically as you called for him in the hours after the auction gavel fell. I was there, shocked and in disbelief, as the auctioneer called out the order to sell the two of you separately — horrified when I heard the numbers of the winning bidders were not the same.

where is he now? wish I could tell you he's safe ... but ...

I'm sorry that your rightful owners were not even allowed to bid on you to buy you back. Even their friends were forced to sign a document stating that they would not let your owners have you back, even though they had NOT been found guilty of ANY CRIME. Instead, they had to sit on their hands and watch as strangers and known meat or "kill" buyers bid on you and your friends, and your foals.

I'm sorry that you, Rugged Red Bug, a beautiful sorrel broodmare with an impressive pedigree, ended up in the ownership of a person who takes horses to slaughterhouses in Canada for a living. I don't blame that man — he was just doing his job. Slaughter is legal, and it is going to exist as long as there is a surplus of American horses.

But when a government takes animals from its citizens claiming they were being tortured, subjects them to half a year of verifiable neglect, and then sells them for as little as $100 a head to anyone with cash including the meat man, I believe I have every right to speak out against the actions of that government.

saying goodbye ... who knew it would be for the last time

I'm sorry that everything I tried to do to help show the world what was really going on in Jackson County was ignored — and continues to be ignored — by the majority of the media outlets that could have prevented your untimely death.

I'm sorry, Summer.
May you gallop free in green fields forever.

JCAC, that's blood on your hands.

The felony charges have been dismissed, and now the defendants only face one misdemeanor charge for neglect.

Right now, friends of the accused — along with many opponents of the misguided seizure in general — are staging a media campaign to remind the public that these charges that the media continues to distort with misinformation and biased sources are without merit, and not only that ...

There is eye witness evidence that Turn 3 horses —
forfeited to Jackson County and subsequently sold at auction —
were sent to Canada for slaughter.

The mare who had not yet weaned the foal still nursing off of her at the second auction — whose foal was ripped away as it was sold to a different bidder as her frantic screams filled the sale barn — that mare, is dead.

This mare slaughtered, after her unweaned foal was taken from her,
as a direct result of the deplorable actions of JCAC.

The person who bought her from the auction, under the condition that we keep his identity unknown, has agreed to speak with the media and confirm that this mare was killed.

As if it wasn't bad enough, that while under the "care" of JCAC:

• horses were subjected to extremely heavy parasite loads, including verified infestations of at least three different types of intestinal worm — indicating little if anything was done to manage parasites in the six months that JCAC managed the herd
  
  
• horses were not given basic, routine farrier care, including regular hoof trims to keep them from becoming sore, crippled and lame — witnesses report visibly lame horses sold at the MSU auction
  
  
• smaller herds were combined into large groups which allegedly resulted in the injuries leading to the euthanasia of a young horse not long after the seizure, and also contributed to the unintended pregnancies of many mares and fillies that should not have been bred at their young age, producing foals with unknown lineage and adding to the grade horse surplus (another major contribution to the number of horses shipping to slaughter)
  

How many more things do we have to prove?

There are still media outlets such as WLNS (Channel 6 in Lansing, Michigan) who report on this story as if it is an outrage that the felony charges were dropped ... as if none of the misinformation that they continue to tout as NEWS was proven false in pre-trial testimony ... as if this evidence does not exist?

They may never see the light — who knows who is getting paid to continue disseminating lies — BUT WITH YOUR HELP we can spread the facts to other news outlets who will listen and respond with responsible, factual reporting on the truth of this case.

Emails are nice, but neatly handwritten letters mailed with a stamp get the best results. Phone calls direct to staff reporters are also very helpful.

It's too late for this mare, sold by JCAC to a "kill" buyer —
once a valuable asset to a champion breeding program.

We can not help this dead mare, or the injured horse put down at MSU.

We can not give the remaining horses back to their rightful owners.

But with your help, we can try to keep this from happening again.

Supporters: please post names and mailing addresses of media contacts in the community that may help, as a reply in the comments. Phone numbers are helpful, as are emails, but real stamped correspondence is best.

Dismissed: no evidence of torture

Big headline in the Cit Pat today:

Torture case tossed
Posted by Kristin Longley and Danielle Quisenberry
Jackson Citizen Patriot
May 01, 2008 09:28AM

There is no evidence the owner or manager of a Grass Lake Township farm intended to harm three horses they were accused of torturing, a judge decided Wednesday.

Circuit Judge Chad Schmucker issued a written opinion dismissing the three felony torture charges against owner James Henderson Jr. and manager Matthew Mercier, saying the felony case never should have made it to Circuit Court. It has been nearly a year since torture charges were filed.

"At a minimum, there is disputed evidence of neglect, but there is simply no evidence that these defendants intended to harm any of these three animals," Schmucker wrote.

Henderson and Mercier still face one misdemeanor count of neglecting the 66 horses kept with the three horses. The case will next come before the court May 30.

Jackson County Animal Control seized all 69 horses in March 2007, pointing to unsafe and unsanitary farm conditions. After foaling season, the herd grew to more than 80.

District Judge Joseph Filip in July ordered the horses forfeited to the county after an eight-day hearing in conjunction with a preliminary examination.

A few animals were adopted, one was euthanized and the rest were sold last fall.

Chief Assistant Prosecutor Mark Blumer said Wednesday's ruling has no effect on the earlier forfeiture decision.

"Legally, it is a 100-percent separate issue," he said.

Mercier and Henderson have said they will pursue a civil suit to recoup their property losses.

Mercier said he was "absolutely elated" that the felony charges were dropped, but said the case was a waste of resources. The preliminary exam involved 1,963 pages of transcript and 33 witnesses.

"I cannot speak how thankful I am how this judge looked at it from a reasonable viewpoint," Mercier said. "All this time and money were wasted on getting the felony charges. I would be absolutely outraged as a taxpayer."

Blumer said the prosecutor's office is reviewing its options and might appeal the Wednesday decision.

"The real issue here is, how do you define torture in these animal cases?" he said. "We respectfully disagree with the judge."

Prosecutors alleged that poor conditions Henderson and Mercier created at the farm caused the three horses to suffer. They said this amounted to torture, which, as defined by state law, is committed by someone "who woefully, maliciously, and without just cause or excuse, tortures an animal."

Blumer said his office stands by its decision to file the felony charges. "We charged what we thought was appropriate based on the circumstances," he said.

Defense attorneys said Filip was wrong in finding there was probable cause to justify the torture charges because Henderson and Mercier never deliberately hurt the animals, and Schmucker's opinion supports that view.

"Even assuming both defendants were on the farm, their mere negligent acts are not enough," Schmucker wrote. "They may have simply been below-average farmers making unintentional mistakes, which is what it appears the District Court concluded.

"I find that because there was no finding by the District Court to suggest that either of the defendants knew their actions were wrong at the time this crime was committed, or that they intended to cause physical or mental harm to any of these three animals, that the District Court erred in finding probable cause."

Truly bittersweet news.

Felony torture charges DROPPED, but the owners can't have horses back because the county sold them last year — some reportedly went for meat.

Makes that anger I remember so very well from last fall just simmer right up into my throat again.

I can find a dozen farms with bad fence, manure, mud, wire, twine, rusty nails, broken glass, falling down sheds and then some, within a couple miles from my house. But I bet no one cares about those, because they are FARMS — and that's what many old family farms look like.

Unless, of course, there happens to be a $10K stud or two on the farm ... and hundreds of thousands of dollars worth of racing bred stock ... and a trucks and trailer, saddles, computer, generator ... then, somebody cares all right ... *sigh*

Being born a farmer's daughter and raised in a farming community, sometimes I forget:
Most people have no freaking clue where their beef and pork comes from.
Sure as heck isn't an air-conditioned and heated, sanitized and odor-free facility like they send their pets on vacation to when they take a trip out of town.

Better get out there and clean up all those "messy" farms, ya'll.