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.