Regarding today's canceled hearing.

This is the defendant's request to dismiss the misdemeanor charges. It was to be put before Judge Schmucker today, which only did not happen due to the last minute reponse from the Michigan Court of Appeals. (Wonder who pulled strings.) What text I removed includes supportive case law references cited that most people would skip over anyway, but I do have the full text of the document on file.

Background

The charges in this case arise out of a Jackson County Animal Control investigation in which 69 horses owned by Defendant Henderson were seized on a farm operated by Defendant Mercier. The Defendants are each charged one count of misdemeanor failure to provide adequate care to 66 horses. The operative time period these offenses are alleged to have occurred is from January 1, 2007, through March 20, 2007.
The testimony at the District Court proceedings indicated that at former ACO Wheaton’s request, Mr. Mercier made arrangements to have Dr. Robert Sray, the veterinarian for Jackson County, meet with him and Former ACO Wheaton at the farm on March 16, 2007, to review the concerns Former ACO Wheaton had after trespassing on the farm during the prior two days. Dr. Sray is the veterinarian that Jackson County Animal Control has relied upon to assist them with animal cruelty cases for the past 29 years. Dr. Sray told Former ACO Wheaton that “it had been a hard winter and it’s nothing that four weeks worth of good weather wasn’t going to fix.” Dr. Sray did not recommend seizing the farm or the horses. He recommended that Animal Control let Mr. Mercier continue taking care of the horses and that Animal Control could monitor the situation.
As a result of not being satisfied with their own veterinarian’s opinions, Animal Control contacted two veterinarians from Michigan State University, Dr. Denis Altemose and Dr. Vicki Chickering. On March 20, 2007, Animal Control obtained a search warrant to seize the horses and to allow the two MSU veterinarians to examine them. The search warrant was obtained based on fraudulent information in the affidavit that was attested to by ACO Machell Dunlap. ACO Dunlap testified that she spoke with Dr. Sray and that he informed her that Mr. Mercier was a personal friend and that he had known Mr. Mercier since he was a child. ACO Dunlap manufactured this information in order to obtain probable cause for an “independent” veterinarian to examine the farm and the horses. The suggestion of a longstanding personal relationship between Dr. Sray and Mr. Mercier was absolutely false.
This fabricated conflict of interest was the primary basis for the finding of probably cause in the affidavit to the search warrant, as well as the other misrepresentations and omissions that are discussed below.

Applicable Law

The Fourth Amendment of the United States Constitution and the parallel provision of the Michigan Constitution guarantee the right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. The Fourth Amendment protection against unreasonable searches and seizures is a limitation on governmental action. Therefore, the touchstone of a reviewing court's Fourth Amendment analysis is always “the reasonableness in all the circumstances of the governmental invasion of the citizen's personal security.”
The United States Constitution requires search warrants to be based “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Those seeking the warrant must demonstrate to the magistrate their probable cause to believe that “the evidence sought will aid in a particular apprehension or conviction” for a particular offense. To determine whether probable cause exists, a magistrate must evaluate “whether, given all the circumstances ..., including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.”
Under the exclusionary rule, evidence obtained by methods violating constitutional proscriptions is excluded from use in criminal prosecutions. Fruits of evidence so obtained are excluded as well.
The standards for determining whether erroneous information in an affidavit for a search warrant should be excluded in determining whether probable cause existed to issue the search warrant were set out in Franks v. Delaware.

• (W)e hold that, where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant's request. In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit's false material set to one side, the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit.”

• “There is, of course, a presumption of validity with respect to the affidavit supporting the search warrant. To mandate an evidentiary hearing, the challenger's attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. The deliberate falsity or reckless disregard whose impeachment is permitted today is only that of the affiant, not of any nongovernmental informant.”
  

In challenging the sufficiency of an affidavit used to support a search warrant, the defendant has the burden of showing, by a preponderance of the evidence, that the affiant knowingly and intentionally, or with a reckless disregard for the truth, inserted false material into the affidavit and that the false material was necessary to the finding of probable cause; the same standard applies to material omissions from affidavits.
For purposes of rule allowing severance of valid portions of a search warrant from invalid portions, there is a multi-step analysis to determine whether severability is applicable; first, court must divide warrant into categories, then, court must evaluate the constitutionality of each category, and, if only some categories are constitutional, court must determine if the valid categories are distinguishable from the invalid ones and whether the valid categories make up the great part of the warrant.
Where tainted information comprises more than a very minor portion of that found in an affidavit supporting a search warrant, the warrant will be held invalid.
Where an affidavit in support of a search warrant includes false information provided either intentionally or with a reckless disregard for the truth, evidence obtained pursuant to that warrant must be suppressed if probable cause would not exist without the misinformation.
Suppression of the evidence is required even if the affidavit remains valid after excising an erroneous statement, when the statement was intentionally false or given with reckless disregard for the truth.

The March 20, 2007 Search Warrant

The following is a list of the false statements, misrepresentations, or omissions that are contained in the affidavit sworn to by ACO Machell Dunlap:
1. “[O]bserved a dead horse in the drive of the property.” This statement is misleading at best, as there was no evidence that the horse died from anything other than natural causes. To date, no investigation has been done into the cause of death of this horse, and both Defendants have not been charged with any crime as a result of the death of this horse.
2. “[O]bserving a collapsed building and multiple piles of garbage....” This statement is misleading at best as the collapsed building and the piles of garbage are in an area of the property that the horses are fenced off from. This was obvious upon casual inspection.
3. “A second horse had an injury that was... untreated.” This statement (referring to Ice who had the injury caused by the wire) is false. Mr. Mercier testified that Ice was injured about a week to ten days before former ACO Wheaton first came to the farm on March 14, 2007. An electrical fence had come loose and one of the wires got wrapped around the horse’s leg. Mr. Mercier removed the wire and treated the wound with bandages and antibiotics. The wound initially got better, but later took a turn for the worse. Mr. Mercier had an appointment to take Ice in for treatment at Dr. Irving’s office on March 16, 2007. He was not able to make that appointment because of the amount of time he had to spend on the farm with Former ACO Wheaton and Dr. Sray on March 16, 2007. Dr. Sray examined the wound on March 16, 2007. The appointment with Dr. Irving was rescheduled for March 21, 2007, but that was cancelled by ACO Dunlap on March 20, 2007, when Animal Control took over the farm. None of this information was provided in the search warrant.
4. “Officer Wheaton did not observe any available food or water for the horses except for one tank with ice.” This statement is false and is contradicted by former ACO Wheaton’s own report. In the report, former ACO Wheaton states regarding her observations on March 14, 2007:

• “RO and Off. Deland observed 25 to 30 square bales of hay in a pile inside the barn.”
• “RO observed a full tank of water in a pen that was completely enclosed and the horses did not have access to it.” (The statement regarding the lack of access is also false)
• “RO...observed...approx 25 horses eating on a round bale....”

In further support of the falsity of the statement in the search warrant, please see the report of Dr. Sray regarding his observations on the farm on March 16, 2007: “There was plenty of good quality alfalfa hay in the form of round bales and the horses were eating.” Also, “There were watering troughs at the front and back of the barn and the horses had free access to water.” Former ACO Wheaton was present at the time of Dr. Sray’s visit to the farm, and presumably, since she walked around with Dr. Sray and Mr. Mercier, made the same observations as Dr. Sray.
5. “The horses appear to be in different stages of malnutrition. The horses ribs, hips, and back bone are all very visible a lot of these horses.” These statements are false. Again, refer to Dr. Sray’s report. Further, the two expert veterinarians that were brought down from MSU as a result of the search warrant, Drs. Altmose and Chickering, both testified that 56 of the 69 horses had a body condition score that was ideal or near ideal.
6. “Officer Wheaton make [sic] contact with several people who stated the owners of the horses may be out of town at this time, and that when they are in town they only cared for the horses once per week.”
The “several people” are not identified in the search warrant. This information must also be stricken from the search warrant as a violation of statute.
7. “Matt Mercier stated that Dr. Sray...is...a personal friend of Mr. Mercier.... Animal Control Officer Dunlap did contact Dr. Sray...who did state...he...had known him [Mr. Mercier] since he was a small child.” ACO Dunlap manufactured this information in order to obtain probable cause for an “independent” veterinarian to examine the farm and the horses. The suggestion of a longstanding personal relationship between Dr. Sray and Mr. Mercier was absolutely false.
8. While the search warrant mentions the examination of the farm and horses by Dr. Sray, the affidavit omits much the of positive statements made by Dr. Sray, and omits that Dr. Sray did not recommend seizing the farm or the horses. In fact, he recommended that Animal Control let Mr. Mercier continue taking care of the horses and that Animal Control could monitor the situation.
The affidavit to the search warrant then finishes with a request for an “impartial veterinarian.” This fabricated conflict of interest was the primary basis for the finding of probable cause in the affidavit to the search warrant, as well as the other misrepresentations and omissions that are discussed above. If the false and misleading information is stricken from the warrant, and the information that was omitted is considered, there is no probable cause to search and seize this farm and the horses.

Relief Requested

Defendants respectfully request that this Honorable Court make a finding that the search warrant dated March 20, 2007 is invalid, suppress all evidence obtained as a result of that search warrant, and dismiss all charges pending or on appeal.

Posted with permission.

Indefinitely postponed.

Not just the case. People's lives.

Torture case lands in Court of Appeals
Posted by Danielle Quisenberry | Jackson Citizen Patriot
June 13, 2008 09:33AM
Categories: Top Stories

The Michigan Court of Appeals agreed Thursday to review a Jackson County judge's decision to dismiss animal torture charges against the owner and manager of a Grass Lake Township farm.

Until the court hears arguments, which could take months, any action in Jackson County on the case against James Henderson Jr. and Matthew Mercier is delayed indefinitely, said Chief Assistant Prosecutor Mark Blumer.

Jackson County Circuit Judge Chad Schmucker decided April 30 to drop three charges of felony torture, saying there was no evidence Henderson or Mercier intended to harm three horses found injured, too-thin or lame in March 2007.

The prosecutor's office appealed Schmucker's decision.

"This is a significant first step," Blumer said of the appeal being granted. "No. 1, it stops the case from progressing at the county level and No. 2, it shows they are interested in the issue."

A hearing scheduled for today and a Monday trial on the misdemeanor neglect charges Mercier and Henderson still face have been canceled, pending a decision by the appeals court.

Blumer said it is up to the state court to determine when the case will be heard.

Ronald Fabian, Mercier's lawyer, said it could be next spring before both sides present their arguments, further putting on hold Mercier's life and causing Henderson to lose his job.

Henderson's attorney, Michael Dungan, has said in court that Henderson, a Washtenaw County probation agent, would be fired if still facing a criminal charge by July 1.

Mercier, who has not been able to find other farm work, and Henderson were charged in March 2007 with neglecting a herd of more than 60 horses.

Jackson County Animal Control seized the horses the same month and later sold most of them, saying conditions at the farm were unsanitary and unsafe.

District Judge Joseph Filip in July ordered Henderson to forfeit the horses to the county, but Circuit Judge Thomas Wilson decided last month Filip's decision was improper and the county would have to pay Henderson for his lost property.

The Prosecutor's Office also appealed Wilson's decision, but the appeals court has not decided what it will do on that civil matter. It could decide to hear both issues together, Blumer said.

Since the farm seizure, the Jackson County Sheriff's Office has taken over Animal Control and its former director, Kimberlee Luce, left her position last week.

Fabian, who with Dungan was to present a motion to suppress evidence obtained using a search warrant in March 2007, has said the recent rulings show the case is "basically garbage" and the appeals process will further prolong proceedings.

"It will cost the taxpayers of Jackson County an untold amount of money," he said Thursday.

The county spent more than $133,000 to maintain the farm and sold the horses for about $50,000.

Henderson has said his horses were worth $500,000.

Comments welcome here and at the Citizen Patriot site.

Editorial full of thinly veiled jabs at Luce.

The following is a Jackson Citizen Patriot editorial for June 13:

Shelter's changes no reason to howl
Posted by Jackson Citizen Patriot June 13, 2008 08:08AM
Categories: Editorial

Issue: Sheriff reports progress since taking over county animal shelter.

Our Say: Despite some hiccups, this operation is in much better shape today than a year ago.

The recent marriage between Jackson County's sheriff and the animal shelter has not been flawless. Longtime shelter director Kimberlee Luce just left, while Sheriff Dan Heyns is getting his hands slapped for hiking the fee to euthanize animals without anyone's approval.

Still, the sheriff's new role overseeing the shelter is one that we think will work. There's a natural overlap between the two agencies, and the new arrangement is leading to a more efficient operation. Heyns might step a little more gingerly here, but he and county commissioners are barking up the right tree. (stepping gingerly would be prudent, considering the debacle of the last 15 months)

Jackson County residents ought to see the improvements. The current shelter at 3370 Spring Arbor Road opened four months ago and is a huge improvement from the dilapidated old facility on Blackstone Street. The new building twice has passed muster with state inspectors who had questioned the old shelter's conditions. (they certainly SHOULD see improvements with a new MILLION DOLLAR facility, that is for damn sure)

Putting the sheriff in charge was another logical improvement. Deputies and animal-control officers often handle the same calls, such as when someone is arrested at home and leaves unlicensed animals behind.

In a short time, Heyns has made changes to make the shelter more efficient and save the public money. Inmates are helping clean the building and soon might be walking dogs. Yippee. Animal-control officers are getting extra training, and their radio calls now are part of the system that other law-enforcement agencies use. (I wonder what that "extra training" includes; no, really, I do!)

The improvements feed into a culture change, away from seeking to adopt out animals toward controlling this county's population of wild animals. Public safety is first, as it should be. (what I read here is, less focus on adoption, more on killing)

There also will be room for serving the community's other needs. Don't forget that county officials touted the new shelter because it was more friendly for residents looking to adopt animals. (what a mixed message! I thought we were "controlling" rather than finding them new homes, just a paragraph ago ...)

Heyns can build some trust by proposing a sliding scale for euthanasia fees. The previous $10 fee is far too little, especially with some veterinarians charge 10 times as much, but the shelter provides services for those who cannot afford the alternatives. And, yes, the task of raising fees belongs with county commissioners.

These are small bones to pick in the big picture. County residents today have the animal shelter they deserve — and the right person to run it. (meaning, they had the wrong person before, one could assume)

I should feel bad for her. Right?

Heartbreaking news.

Ruined. Lives have been irreversibly destroyed. Those who did wrong but cannot bear to face the consequences of their actions have won another battle.

Appeals court agrees to hear horse abuse case
Posted by Danielle Quisenberry | Staff Writer
June 12, 2008 18:20PM
Categories: Breaking News

The Michigan Court of Appeals agreed today to hear arguments about whether the owner and manager of a Grass Lake Township farm can face charges of animal torture.

Jackson County Circuit Judge Chad Schmucker issued a decision April 30 dismissing three felony torture charges against James Henderson Jr. and Matthew Mercier, who were accused of causing three horses to suffer.

The county prosecutor's office appealed Schmucker's ruling and the higher court granted its leave to appeal, delaying indefinitely any action on the case in Jackson County, said Chief Assistant Prosecutor Mark Blumer.

A hearing scheduled for Friday and a trial to begin next week on neglect charges against Mercier and Henderson have been canceled.

Blumer said it is up to the appeals court to decide when the case will be heard. That could take months, he said.

How incredibly sad. Sending "rescued" horses to slaughter, and ruining careers and reputations. Way to go, Jackson County!

This would have ended today. Critics of the way Animal Control violated human rights and protocol in seizing the herd of horses -- the overwhelming majority of them healthy, with a few fixable issues -- were certain that the misdemeanor charges would be dropped just as the felony charges were. But the hearing scheduled for today was canceled.

Now Jackson County will stretch this another YEAR while the "rescued" horses suffer unknown fates (and some known fatalities) and the accused are subjected to further unjust hardships.

I'm sorry for all of your losses.

Jackson County: If you drag this out another year, or two, or five -- those who remember what you did will still be here, watching and waiting. We know what you did to these men and these horses was WRONG and if you think that by dragging it out, we will lose interest and disappear, you are mistaken.

Quotes from blog history:

I did the work for you. You're welcome. My comments in red.

LUCE:

Animal control Director Kimberlee Luce said the papers are in the process of being reissued from the previous owner to Jackson County. (November 5, 2007) ... untrue, the registries were holding these papers and doing NOTHING until the outcome of the court case ... the horses remain in the title of the Turn 3 Ranch ... an ACO lied at an auction when she stated there was no lien on the horses and that the buyers would get their papers

"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. (March 30, 2007) ... so, did they decide against worming them at all, then? Sickly horses at auction were infested with at least three different types of internal parasites' larvae (aka worms) and required multiple treatments to remedy. JCAC records show they spent less than $3/horse on dewormer. Quality broad spectrum dewormers such as Zimectrin Gold cost $10-12 a tube, which treats one horse. You do the math.

Luce told the first horse rescuer, Bradley Chaltry, and the press that the horses had not been fed or watered for six months. (October 22, 2007) ... untrue & ridiculous ... I don't believe that even a cactus could survive six months without food or water ... no way would foals survive if the mares were starved.

"We have approximately 30 pregnant mares," Luce says. (March 30, 2007) ... untrue, only 12 pregnant at time of seizure ... maybe they were counting the fillies that THEY allowed to be bred by the studs they released into the herd?


TREACHER:

"Anyone who said these horses were in fine shape doesn't really know what went on out there,'' Treacher said. (February 5, 2007) ... untrue, Dr. Sray and many others who were at the farm testified that the majority of the herd was in near ideal body condition and typical for the time of year and type of horse.

"Horses eat a lot." (December 10, 2007) ... true, couldn't resist

Acting county Administrator Randy Treacher said the supporters' campaign is "an attempt to smear what Animal Control has done.'' (November 1, 2007) ... untrue, it was simply an attempt to REVEAL what Animal Control had done.

"Honestly, our hope was they'd take the horses back....There is no money to be made because we are only getting back what we've spent."
Treacher says Jackson County has not decided what to do with the horses now that they own them, but sale or auction is likely. He says it's the best way to ward off the future cost of caring for them. (July 2007) ... this statement still just boggles my mind ... "our hope was they'd take the horses back" ... for the $134K we required within the week ... or we'll just dump 'em at auction rather than feed 'em, trim 'em, treat 'em, adopt 'em out properly.

"The foals will not be removed from their mothers until they are weaned."
"Horse slaughter, as you know, is illegal." (email-unconfirmed) ... untrue, proven beyond the shadow of a doubt at the Napoleon auction with hundreds of witnesses

I'm always surprised when I go back and look at the archives myself ... how could they ever have felt in their hearts that they were doing the right thing?

Reorganization of JCAC leads to retirement of director

We knew it would have something to do with the Turn 3 horses.

Full coverage of yesterday's blurb is in today's CitPat:

Animal shelter director retires
Thursday, June 12, 2008
By Holly Klaft
hklaft@citpat.com -- 768-4917

Kimberlee Luce, director of Jackson County Animal Control, has left her position at the agency following a county-requested shift in management and a court ruling that last year's seizure of 69 horses was improper.

Luce told officials Friday afternoon of her immediate retirement from Animal Control, where she began working as a secretary in 1986, County Administrator Randy Treacher said.

He said her decision to leave was a recent one.

"It was clear to her that the commissioners were looking at Animal Control moving in a different direction than it had been under her management," Treacher said. "Kim did a very honorable thing."

Luce decided to leave after it appeared there was no place for her in the reorganized agency, he said.

"She just didn't see herself fitting into that," Treacher said. A new Animal Control director will be named at a later date, he said.

Luce could not be reached for comment Wednesday.

Jackson County Sheriff Dan Heyns took over Animal Control and its new $1.3 million facility, 3370 Spring Arbor Road, in March at the request of county commissioners. Commissioner David Elwell, who asked the county board to consider the change in supervision, said Animal Control and the Sheriff's Office often overlap.

The former Animal Control facility at 2004 N. Blackstone St. had been receiving poor grades from the state and was falling into disrepair. It met only minimum state standards and volunteers have said it was understaffed.

In May, Circuit Judge Thomas Wilson ruled that the county must repay the owner of horses taken from Turn 3 Ranch in Grass Lake Township after he determined the horses' forfeiture -- based on allegations of animal cruelty -- was improper. More than $133,000 was spent on care for the animals, and the county also could be asked to pay for lost stud fees, the value of the horses seized and foals born while in Animal Control custody.

Animal Control officials seized the horses based on a court order in the animal-cruelty case.

The two horsemen involved in the case were cleared of felony torture charges but still are awaiting trial on misdemeanor neglect charges.

The sheriff presented commissioners with a progress report on the facility and Animal Control operations on Friday, highlighting improvements in communication systems, training and record keeping.

Luce, a longtime Jackson-area resident, has said that limited resources made upkeep difficult at the facility.

"It's no secret we're understaffed," she said in July, when commissioners first considered the possibility of a new animal shelter. "But we do the best we can with what we have."

She told the Citizen Patriot in 1999 that her love for animals prompted her to accept a job with the agency.

But she said her work as Animal Control director was bittersweet.

"I can't say it's been all smooth sailing," she said at the time. "But I've learned a lot."

They went back almost 10 years for a quote?

I urge you to search this blog history for quotes made by JCAC Director Luce.

Why is Treacher speaking on her behalf? From his interesting and careful wording choices, I'd hate to have him speaking for me. Look up his past comments and actions on the case as well.

What a tangled web indeed.

JCAC can't seem to stay out of the news.

Two more recent tidbits while we wait for a trial.

Jackson animal control director to leave post
Posted by Holly Klaft | Jackson Citizen Patriot
June 11, 2008 11:33AM
Categories: Local government

Jackson County Animal Control Director Kim Luce has left her position at the agency.

Luce informed officials Friday afternoon of her immediate retirement from animal control, where she spent about 27 years, said County Administrator Randy Treacher.

He acknowledged that her decision to leave was a recent one.

"It was clear to her that the commissioners were looking at animal control moving in a different direction than it had been under her management," Treacher said. "Kim did a very honorable thing."

There are so many places I could go with "moving in a different direction" but I'll just leave that up to your imaginations.

And, as if the new shelter would be run any more professionally than the old shelter ...

County to give refunds to pet owners who paid higher euthanizing fee
Posted by jbwheato
June 09, 2008 16:54PM
Categories: Breaking News

At least nine people will receive refunds from Jackson County Animal Control after the agency raised fees for euthanization without county approval.

Undersheriff Tom Finco told county commissioners today that animal control records were being reviewed to determine who had been overcharged and how much was owed. Those who paid the higher fees could be refunded as much as $90.

Officials at animal control decided to raise the cost of euthanization to $100 on May 12 and said the change was to put fees for the service on a similar level as those charged at local veterinarian offices.

The price of euthanization at the agency, which typically costs pet owners between $10 and $20, was rescinded and dropped to its previous rates on June 2, Finco said.

Wonder which "officials at animal control" decided to jack the price to between 5 and 10 times what it was ... and where that extra cash was going.

What is more disturbing are public comments left under the first article about alleged previous JCAC shelter activities ...

"Currently, the animal shelter does not keep track of how many animals are available for adoption, held for owners, or held to be euthanized."

"...it was under her watch that animals that HAD IDENTIFICATION tags were sold to research facilities without the owners being contacted only a couple of days after being brought into animal control, and that happened on more than one occasion."

"The animal control in Jackson has been a disaster for as long as I can remember."

The extended version of the euthanasia story follows:

Refunds due for euthanization
Tuesday, June 10, 2008
By Holly Klaft
hklaft@citpat.com -- 768-4917

At least nine people will receive refunds from Jackson County Animal Control after the agency raised fees for euthanization without approval from the county Board of Commissioners.

Undersheriff Tom Finco told county commissioners Monday that Animal Control records are being reviewed to determine who had been overcharged and how much is owed. Those who paid the higher fees may be refunded as much as $90.

Animal Control officials raised the cost of euthanization to $100 on May 12, a fee that stood until June 2. It then reverted to the previous fee of $10 to $20, depending on the weight of the animal.

Sheriff Dan Heyns, who took over the agency's operations in March, has said the price hike was part of "rational budgeting" and he was not aware that commission approval was needed.

Sheriff's officials said the fee hike put the rate on a level similar to what is charged at area veterinarian offices.

County officials are still looking into a possible fee increase.

More than 200 animals have been euthanized at the facility this year, Heyns said.

It is uncertain how many people were charged the higher fee, but those who think they may have been overcharged are being asked to contact Lt. David Teriaco.

Friday, commissioners scolded Heyns for changing the fees without approval during a board study session, where he presented a progress report on the agency that passed its first state inspection May 8.

He then told commissioners he was not aware of anyone who had been charged the raised rate.

Commissioner Todd Brittain said $100 is too much to pay for euthanization.

"For us to increase it from $10 to $100 is ludicrous," he said. "People aren't going to be able to afford to have their dog euthanized."

As the pitchfork turns ...

When PETA hates you ...

... chances are you're doing something right.

I have no use for PETA. I strongly oppose the idea that a dog's life and a child's life should be held in equal regard. I disagree that companion animals should be euthanized or altered (spayed or neutered) out of existence because they are "slaves of human manipulation" and you can bet your prize bull that I disagree that enjoying a big beefy burger with bacon makes me a sadistic double murderer just a hair's breadth from turning to cannibalism.

Seems to have taken them a while to catch wind of the case, but their trademark propaganda is in full effect in this release from June 9:

PETA Demands Jail Time, Psychiatric Intervention
if Alleged Grass Lake Horse Abusers, Killers Are Convicted

Grass Lake, Mich. - This morning, PETA sent an urgent plea to Jackson County Prosecuting Attorney Henry C. Zavislak urging his office to vigorously prosecute James Henderson and Mathew Mercier from the Turn-3 Ranch in Grass Lake. Henderson and Mercier each face charges stemming from authorities' reported March 2007 removal of 70 horses from the ranch following their discovery of allegedly suffering and dead animals on the premises. According to news reports and a witness (XP: emphasis mine), the seized animals included horses who were severely emaciated and suffering from parasites, horses with patchy coats, a young mare with wire embedded in her flesh, a hemorrhaging mare whose baby was stillborn, and a weeks-old colt with a fractured hip who had to be euthanized. Also, a dead foal was reportedly found lying on the ground. Graphic photos reportedly taken at the scene are available upon request. (Shall we recap the facts once again and discuss how many of these things happened during and AFTER the seizure, when JCAC was supposed to be in charge of safeguarding these horses?)

"Henderson and Mercier appear to be either unable or unwilling to provide even the most basic care to animals," says PETA cruelty caseworker Peter Wood. "People who demonstrate such blatant disregard for life and desensitization to suffering can pose a serious risk to all animals--including humans--with whom they come into contact." (Incredibly, after making the acquaintance of both men during the months since the horse auctions, I've not felt that my life was ever in imminent danger in their presence.)

PETA is asking that--if convicted and in addition to serving a period of incarceration--the pair be prohibited from owning or harboring animals, that authorities seize all animals currently in the custody of Henderson and Mercier, and that both men be required to undergo thorough psychological evaluations followed by mandatory counseling.

PETA, the majority of Americans are disgusted with your terrorist tactics, and your attempts at brainwashing children into being your eager minions with cute pics of kittens and puppies. Your account shows that you have NO idea what investigative reporting is, as you've simply repurposed many lies that were proven false in court to further your own agenda.

I think anyone who feels that PETA (the organization—not the mostly well-meaning individuals who actually care about animals—the huge fundraising and lobbying machine itself) is doing legitimate good deeds for animals, should "be required to undergo thorough psychological evaluations followed by mandatory counseling."

Evidence, schmevidence.

So the prosecution "loses" evidence that hinders the case against the defendants, such as health records that show the horses were cared for ... but insinuates that they have "new" evidence against the owner and manager of Turn 3 Ranch, 15 months after the seizure?

Something doesn't quite settle right.

Dismissal request is denied
Saturday, June 07, 2008
By Steven Hepker
shepker@citpat.com -- 768-4923

James Henderson never visited his herd of horses near Grass Lake in the first quarter of 2007, leaving daily operations to manager Matthew Mercier, Henderson's lawyer said.

Defense attorney Michael Dungan asked Circuit Judge Chad Schmucker Friday to dismiss the remaining misdemeanor neglect charge because Henderson was an absentee owner.

"We already know what the outcome will be,'' Dungan said of the June 16 trial, citing Schmucker's recent dismissal of felony animal torture charges against the two men.

Schmucker denied the motion, saying he did not think state law gives him authority to dismiss the misdemeanor.

Jerrold Schrotenboer, appellate attorney for Jackson County Prosecutor Hank Zavislak, said Dungan is putting the cart before the horse.

"Do we really know the outcome?'' he asked. "He is assuming there will be no extra evidence at trial, and we do have more.''

Another hearing is scheduled Friday, just three days before the trial.

Dungan and Ronald Fabian, counsel for Mercier, will again seek a dismissal, this time based on allegations Jackson County Animal Control lost evidence seized from the Turn-3 Ranch in March 2007.

Fabian said the evidence included veterinary and feed records and a dry-erase board Mercier used in treating individual horses.

Schrotenboer, meanwhile, plans to file a motion for Schmucker to interpret the meaning of animal ownership in state law before the trial.

"We hold that the owner is free-standing. It doesn't matter if the owner has charge or custody,'' Schrotenboer said.

The misdemeanor count alleges each defendant "failed to provide an animal with adequate care.'' The misdemeanor alludes to 66 horses that were seized and eventually sold.

Prosecutors initially charged the men with felony torture for each of three horses. Schmucker in April tossed the felonies for lack of evidence.

Schrotenboer on Friday added the three horses to the 66 in the misdemeanor case because their medical conditions were detailed by the county.

In his motion, Dungan said Henderson was not at the farm from Jan. 1 to March 20, 2007, because he is probation agent in Ann Arbor and lectures nationally on domestic violence.

Defense attorneys also complained prosecutors did not specify which horses were neglected and how.

The trial is scheduled for 15 months after Animal Control took action on Turn-3. It could be delayed another year or more if the Court of Appeals takes up the case.

Prosecutors appealed Schmucker's ruling on the felony charges, as well as a ruling by Circuit Judge Thomas Wilson. A decision to hear the appeal likely would stay the trial until 2009.

Wilson, who is handling the civil side of the case, ruled in May that District Judge Joseph Filip should not have ordered Henderson to forfeit his herd.

Wilson returned the case to Filip with instructions to determine how much the county owes Henderson for his horses, including foals sold with their mothers.

The county sold the animals at auctions for about $50,000. Henderson said they were worth 10 times that.

Also Friday, Fabian said a civil rights attorney has been contacted regarding a potential federal suit alleging the county violated the defendants' constitutional rights in some manner.

He told Schmucker the case will ultimately cost Jackson County more than $1 million.

Jackson Citizen Patriot, Michigan Live. All Rights Reserved.

Apparently "evidence" is only important to keep track of if it makes the prosecutors look good.