More on Right to Farm.

What is Right to Farm?
from michigan.gov/mda

The Right to Farm Act affects everyone. Michigan agriculture is a $37.5 billion industry involving every county of the state. A wide variety of crop and livestock production strengthens our farm economy and helps to enhance the natural environment.

The Michigan Right to Farm Act, P.A. 93, was enacted in 1981 to provide farmers with protection from nuisance lawsuits. This state statute authorizes the Michigan Commission of Agriculture to develop and adopt Generally Accepted Agricultural and Management Practices (GAAMPs) for farms and farm operations in Michigan. These voluntary practices are based on available technology and scientific research to promote sound environmental stewardship and help maintain a farmer's right to farm.

View the Right to Farm Act.


Why is this important?

According to the act, if a farm is found to be the subject of complaints, they should only have to show evidence that they are complying with GAAMPs, or if they are found to not be in compliance, they should be given thirty (30) days to comply.

From P.A. 93:

Sec. 4.

(1) ... the director shall investigate all complaints involving a farm or farm operation, including, but not limited to, complaints involving the use of manure and other nutrients, agricultural waste products, dust, noise, odor, fumes, air pollution, surface water or groundwater pollution, food and agricultural processing by-products, care of farm animals and pest infestations. Within 7 business days of receipt of the complaint, the director shall conduct an on-site inspection of the farm or farm operation.

(3) If the director finds ... that the person responsible for a farm or farm operation is using generally accepted agricultural and management practices, the director shall notify, in writing, that person, the complainant, and the city, village, or township and the county in which the farm or farm operation is located of this finding. If the director identifies that the source or potential sources of the problem were caused by the use of other than generally accepted agricultural and management practices, the director shall advise the person responsible for the farm or farm operation that necessary changes should be made to resolve or abate the problem and to conform with generally accepted agricultural and management practices and that if those changes cannot be implemented within 30 days, the person responsible for the farm or farm operation shall submit to the director an implementation plan including a schedule for completion of the necessary changes.

What are the GAAMPs for equines in Michigan?

You can view the full Generally Accepted Agricultural and Management Practices document at michigan.gov/mda under Care of Farm Animals.

A few excerpts:

Horses need to be adequately fed to maintain their body weight and health; however, idleness, overfeeding and obesity are undesirable and often harmful... Nutritional demands are usually met with good quality, properly harvested forages and pastures... Horses utilize hay or other roughages more efficiently than do other non-ruminants...

As a rule, horse owners can obtain adequate housing for their horses with uninsulated buildings. Healthy horses with adequate diet and good body condition only require protection from the wind. Pastures should have adequate shelter where horses can get out of the sun, wind, rain, and other inclement weather. These may include, but are not limited to, open barns, lean-to's, constructed windbreaks and woodlots.

Common fencing materials are wood, pipe, PVC, electrical wire or tape, smooth, non-electrical wire, rubber belt and woven wire. Bands of horses may be housed in open sheds.

Before and after photos.

Before the seizure. After the seizure.

Plus:

• meet Dee
• meet Elvis
• meet Jamie
• meet Mattie
• meet Mia
• meet Satan
• meet Shaggy
• meet Slim
• meet Summer
• meet Sunny

More photos to come.

Still looking for current photos of Turn 3 Ranch horses so that we can confirm those that are safe and alive versus the many eye-witness reports of these "rescued" horses going to kill buyers and being sent to slaughter in Canada.

So far only those sympathetic to the plight of the defendants have stepped forward and offered photos of the horses they bought in order to ensure good homes for these improperly seized horses, some clearly in worse condition when purchased from auction than when seized from Turn 3.

You may remain anonymous if you like, and do not have to give your location. We just want a current photo of an identifiable animal that was part of the Turn 3 Ranch case for peace of mind... to know that just one more "unknown fate" was not the abattoir.

Regarding felony animal torture: Moose

One of three felony animal torture counts is related to a horse named Moose.

February 2007—Mercier noticed that Moose had dropped about fifty pounds. Mercier brought Moose into the barn where she would be warmer, would not have to compete for food, and he could keep a close eye on her and control her diet.

Moose stressed out from being separated from a "buddy" horse and would not eat much. She began to colic, and ate even less food. Mercier provided Moose with supplements and supportive care. Moose recovered from the colic, but had difficulty putting weight back on because of the cold weather (supported by testimony).

March 14—ACO Wheaton found Moose segregated with the other thin horses in the barn.

March 16—Dr. Sray found Moose standing in a pen with two other thin horses. He did not observe anything about the three horses that led him to suspect torture or failure to provide. He believed that the low body weight of Moose and the other two thin horses were due to common factors such as age, weather and sickness.

March 20—Dr. Altemose and Dr. Chickering found Moose to be emaciated and recommended immediate veterinary treatment, which was not provided by Animal Control until March 27.

March 21—Brad Chaltry examined Moose and noted that she was “really skinny” but walking around. She was in the same pen as two other thin horses. He did not find her starved, and believed she needed to be dewormed. He did not recommend veterinary care for Moose.

March 27—Dr. Hammer examined Moose and found no medical problems, but noted that she was “severely emaciated.” The prosecution’s expert did not find a need for veterinary care for this horse.

Moose was a “hard keeper” that had difficulty keeping weight on during the winter for a
variety of reasons. She put on weight when the weather warmed up, and was sold at auction by Jackson County.

Regarding felony animal torture: Elvis

One of three felony animal torture counts is related to a horse named Elvis.

Check out the Turn 3 Ranch Photo Albums on Facebook to see pictures of Elvis, a young horse that was critically injured during and after the seizure, allowed to suffer without vet care for weeks, and then finally euthanized after being trampled.

Court documents show that while Elvis presented with a minor limp prior to the seizure, the complications that manifested after the horses were mismanaged by Jackson County Animal Control led to his death.

March 14—ACO Wheaton on site and did not see any signs of discomfort with Elvis.

March 15—Mercier first notices Elvis has a limp.

March 16—ACO Wheaton on site and did not see any signs of discomfort with Elvis. He is examined by Dr. Sray, who testified the horse was not showing hip pain or discomfort, but some weakness or soreness on the right. Mercier has appointment for Dr. Irving to examine Elvis and Ice that afternoon. Mercier later forced to reschedule for March 21 due to extended meeting with ACO Wheaton.

March 20—Mercier forced to vacate premises that morning. ACO Wheaton on site during the day, did not see any signs of discomfort with Elvis. Dr. Altemose and Dr. Chickering examined horses and farm, and did not offer testimony regarding Elvis’ injury. ACO Dunlap canceled March 21 appointment. Despite Dr. Sray's recommendation, no veterinarian care was provided by Animal Control until March 27.

March 20—ACO Wheaton first noticed that Elvis was “dragging his leg” when he passed in front of the headlights of a truck during the late evening hours. ACO Wheaton was not concerned and felt it appropriate to monitor the horse.

March 21—ACO Wheaton checked on Elvis and did not notice any obvious problems other than the limp. Brad Chaltry examined Elvis and noticed that he had a "really sore back leg" he did not want to move around on.

March 27—Dr. Hammer examined Elvis and described him as “severely lame" ... "the horse was very sore on the hip" ... "almost to the point of refusing to move.”

March 27 through April 10—Prosecution offers no testimony relative to Elvis' condition or treatment during this time.

April 11—Elvis suddenly taken to MSU by Leelanau Horse Rescue personnel, examined by Dr. Marteniuk. MSU is told he was found on the ground and initially thought to be dead, recumbent and needed assistance to rise. It was believed that Elvis had been trampled by the seventeen horses in the group.

Animal Control had been in charge of the farm and the horses for three weeks. According to testimony, he was not critically injured at the time the farm was seized. However, the prosecution claims the defendants are responsible for felony animal torture with regard to Elvis' condition.

Elvis was euthanized at MSU, and Dr. Kurt Williams performed a necropsy. He found that Elvis was suffering from osteochondrosis, a poorly understood degenerative disease of the bones. This condition would render Elvis more likely to be injured by other horses.

Contrary to the testimony given about Elvis’s condition from March 20 through April 11, Dr. Williams testified that Elvis should have been acting severely lame prior to April 11.

This information would lead an intelligent person to conclude that Animal Control failed to provide adequate veterinary care, or even to notice the horse was suffering for weeks. The secondary injury was likely sustained during the seizure on March 20, where it is alleged that volunteers mixed segregated groups of horses which often leads to fighting and kicking.

Regarding felony animal torture: Ice

One of three felony animal torture counts is related to a horse named Ice.

March 14—ACO Wheaton did not observe any wire in the wound. Mercier testified that Ice was injured 7-10 days prior. At that time, Mercier removed a wire wrapped around Ice's leg, and treated the wound with bandages and antibiotics. The wound initially improved, but then worsened. Mercier made an appointment with Dr. Irving for March 16.

March 15—ACO Wheaton did not observe any wire in the wound.

March 16—ACO Wheaton did not observe any wire in the wound. Mercier forced to cancel appointment for Ice with Dr. Irving due to time spent with ACO Wheaton, rescheduled for March 21. Dr. Sray did not observe any wire in the wound, but recommended immediate veterinary care for the injury.

March 20—Mercier forced to vacate premises that morning. ACO Wheaton did not observe any wire in the wound. Dr. Altemose and Dr. Chickering (MSU veterinarians) did not observe any wire in the wound during their examination. Despite Dr. Sray's advice that the injury receive immediate veterinary care, ACO Dunlap cancels March 21 appointment with Dr. Irving for Ice's injury. Veterinary care was not provided by Animal Control until March 27.

March 21—Brad Chaltry examined the wound, cleaned and treated it. He did not observe any wire in the wound.

March 27—Dr. Hammer examined Ice's leg and described the injury as the most severe on the farm. He observed wire sticking out 1-1/2 inches, and testified that anyone should have been able to see it and that it was impossible for the wire to have worked its way out from the inside.

Dr. Hammer's testimony leaves an intelligent person to believe that wire became embedded in Ice's wound after the farm was seized on March 20. However, it was used to support a felony animal torture charge against the defendants.

April 18—Dr. Irving examined Ice and found the wound healed and Ice recovering. He testified that the wound should have been treated prior to Dr. Hammer's examination on March 27.

Ice fully recovered and was sold at auction by Jackson County.

Definition of torture may be distorted for prosecution's benefit.

As stated earlier, this case carries national ramifications for all livestock owners.

National Humane Group Files Brief in Michigan Horse Abuse Case
Pat Raia | Aug 26, 2008

The American Humane Association (AHA) has filed an amicus brief with the Michigan Court of Appeals in connection with a controversial animal cruelty case involving Matt Mercier and James Henderson Jr., of Grass Lake, a move that is designed to provide background information or perspective that might contribute to a court decision.

Mercier and Henderson were charged with felony animal torture charges and one count of misdemeanor animal abuse in March 2007 after authorities seized 69 horses owned by Henderson from a ranch operated by Mercier. Those charges were dropped in April 2008 when Jackson County Circuit Court Judge Chad C. Schmucker ruled that neither intended to harm the horses. The AHA filed the brief after the Michigan Court of Appeals agreed to hear arguments that felony charges be reinstated. Misdemeanor charges are still pending.

Jackson County Chief Appellate Attorney Jerrold Schrotenboer said the brief, filed on Aug. 18, does not speak to specifics of the case, nor the individuals involved. "The brief gives the court information to consider the case in a different light," he said. "My case is about Michigan's animal cruelty law and how it is applied. The brief gives a national perspective."

Amicus briefs, often called "friend of the court" briefs, which contain relevant matter not already brought to the attention of the Court, are commonly filed in connection with appeals cases. Individuals or groups filing such briefs must not be directly connected with the case, but must have knowledge or perspective of value to the court.

According to Allie Phillips, AHA director of Public Policy, the brief addresses directly the intent portion of Michigan's animal cruelty statute. "Michigan law speaks to general--not specific--intent," she said.

However, Henderson's attorney, Michael Dungan, said the brief contains no new information.

"I didn't see anything different from the prosecution's case," Dungan said. "I don't think it will make a difference in both the civil or criminal case."

Phillips said she became aware of the case via the Michigan Bar Association, for which she is a council member. She consulted with Schrotenboer before filing the brief. "The American Humane Association will never insert itself into a case without first talking with local prosecutors," she said.

The Michigan Bar Association's Animal Law section has also entered a motion to file an amicus brief regarding the case, Schrotenboer said. Details were unavailable.

Mercier's attorney, Susan Meinsberg, was unavailable for comment.

I hope the legislative champions for the agriculture industry in Michigan and in the nation are poised to file their own briefs in this case. Someone must stand up for the Right to Farm Act.

Colic can occur in any horse barn, and often causes a drastic and sudden weight loss. Horses in accommodations that are essentially "padded stalls" can find ways to injure themselves. Neither of these should be grounds for the government to seize and sell $500,000 worth of personal property.

We're going national, too.

Get on & hang on.



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David, meet Goliath.

The update I told you was forthcoming ... still trying to get a copy of the brief that American Humane Association sent in. My comments in brackets, red. [XP]

Animal rights groups join Jackson Co. horse case appeals [link]
Hepker/Quisenberry | Aug 22, 2008

Two big guns have joined Jackson County in its legal fight over the 2007 seizure of a herd of horses in Grass Lake and related torture allegations.

The Denver-based American Humane Association this week filed a brief backing prosecutors in the Michigan Court of Appeals case against Turn-3 Ranch owner James Henderson and farm manager Matthew Mercier.

The animal-law section of the Michigan Bar Association also plans to file a similar amicus brief.

"It is very, very unusual for outside groups to file an amicus brief in criminal appeals at the Court of Appeals level," Jackson County Assistant Prosecutor Jerrold Schrotenboer said.

Both organizations are interested in the case because the court is to make a decision on how the state's animal torture statute is to be interpreted, which could have far-reaching consequences, lawyers affiliated with the organizations said. [XP—I do believe that is the point we have been stressing to the agricultural community for more than a year ... what affects Turn 3 may one day affect YOU.]

"States look to each other as to how they interpret laws. Michigan really has been a leader in animal-protection laws," said Allie Phillips, who heads the Washington, D.C., office of the American Humane Association, a national nonprofit organization working to prevent cruelty, abuse, neglect and exploitation of children and animals. "If Michigan comes up with this interpretation, other states could follow."

Jackson County prosecutors have argued the law does not require that anyone accused of breaking it intended specific harm to an animal.

Prosecutors appealed after two Jackson County Circuit Court judges dropped felony torture charges and ruled the county must pay economic damages that include the value of more than 80 horses sold at auctions.

Court action in Jackson County is on hold until the Court of Appeals rules. It could be spring before the case is heard, Schrotenboer said. There are more than 2,000 pages of transcripts that the Court of Appeals must sort through.

At issue is the civil case, in which District Judge Joseph Filip ordered Henderson to forfeit his horses, and the criminal matter involving alleged torture. The cases are combined in the Court of Appeals.

Mary Chartier, chairwoman of the litigation committee of the bar association's animal law section, said it is most important the law is "interpreted in a manner consistent with the wording and the legislators' intent."

Michael Dungan, a Jackson attorney representing Henderson, reiterated his Circuit Court arguments that the prosecution could not prove horses were tortured, and that Henderson was an absentee owner who had not visited the farm during the time in question in early 2007.

Dungan is part of a defense team that includes civil attorney Richard Ginsberg of Ann Arbor and state appellate defender Susan Meinberg of Detroit.

Mercier, who has not been able to find farm work, asked for a public defender.

Dungan said the addition of the Michigan Bar and the American Humane group won't help what he considers a weak appeal. Their briefs only seconded points made by Schrotenboer, Dungan said. [XP—Choosing to be ignorant of both sides of a case, judging based on the words of one side. Brilliant.]

"Obviously, they were not in court and did not read the transcripts," Dungan said. "They basically said, 'Yeah, what Jerry said.' "

Circuit Judge Chad Schmucker on April 30 dropped three charges of felony animal torture, saying there was no evidence Henderson or Mercier intended to harm three horses found injured, too thin or lame in March 2007. [XP—Kudos, Judge Schmucker.]

Circuit Judge Thomas Wilson later overturned Filip's decision, ruled the forfeiture was improper. By then, Jackson County Animal Control had dispersed the entire herd at auctions in Jackson, Lenawee and Ingham counties. [XP—Kudos, Judge Wilson. Oh, and JCAC did not disperse all of the horses at auction ... do the math.]

The county took control of 69 horses in March 2007. With births that spring, the herd grew to more than 80.

Henderson said the horses were worth $500,000 — 10 times the actual sale totals. Henderson was fired in July from his longtime job as a probation agent in Washtenaw County. [XP—directly related to the appeal extending this case past his available leave time.]

Mercier sent an e-mail message to supporters this week advising that the animal rights group had teamed with the county.

"They will take this to the U.S. Supreme Court if they have to. We are up against big money and high-powered lawyers now," Mercier said.

Schrotenboer said the outside agencies are not funding the appeal by Jackson County and that the others aren't likely to present oral arguments.

Incredible. Who are they going to call for back-up next, PETA? Oh, that would be fun times.

Maybe the defendants should be calling MythBusters ... as Jackson County is having a difficult time facing the reality that what they did was wrong.

More to come.

What neglected horses look like.

* NONE of these horses are from the Turn 3 Ranch.

ALL of the photos were found on news sites or captured from news video. They involve recent cases—most of them still open, with charges pending, that have not yet gone to trial.

---

This is apparent, alleged neglect. Open case in Florida.
See the pronounced dip between the spine and hip?

This is apparent, alleged neglect. Open case in Oregon.
NOTE: Authorities seized the three malnourished horses
and did not seize the four healthy horses.

This is apparent, alleged neglect. Open case in Michigan.
NOTE: Authorities seized this malnourished mare
(who has no teeth, by the way) and also four other horses;
however, the other horses seized appear healthy.

Open case in New York.
The horse on the left is malnourished.
The horse on the right is underweight.
Can you see the difference? I can point out several.

This is emaciated. Open case in New Mexico.
Allegedly abandoned in this condition.
I have never seen a horse this bad, ever.

This is apparent, alleged neglect. Open case in Illinois.
This does not happen overnight.
The horse could barely move and was destroyed.

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If someone is guilty of intentionally neglecting horses, they should face the consequences.

• Abandoned, emaciated horse.
  

If someone is struggling to care for their horses and needs help, they should get assistance.

• Some need help, not jail.


• Rescue needs rescuing.

If someone is caring for their horses and meeting their needs, taking action to treat disease and injury, they should not be treated as animal torturers.

• Neighbors think these healthy horses are "starving."

XP

I spoke too soon.

BIG update coming in the next few days.

Remember, these are the pre-seizure photos:

• Turn 3 Before

And these are 6-7 months after the county took the horses:

• Turn 3 After

Never forget.

Skinny horses, slaughter debate and more.

Since there has been nothing to update recently on this case, I've been busy on other projects:

All Horses
Site for horse lovers to publish pages about related topics and get paid.
• www.allhorses.us

Blogs
• Obese Horse of the Day
• Skinny Horse of the Day
• Horse Slaughter Debate
• Unsafe Horse Fence

I welcome all comments, from those who disagree as well as those who agree. Speak your mind, but be respectful to your fellow human.