Wednesday, February 11, 2009

NEW BLOG

All posts and comments have been imported.

Visit the new site here:

http://turn3.freelief.com/

Wednesday, February 4, 2009

David Eggert, you ignorant ass.

Yes, I'm angry.

Shouldn't journalists report the truth?

Why doesn't a writer for Associated Press check facts? Did he even Google the case before submitting this?

"Authorities in March 2007 discovered 69 malnourished horses without food or water on a farm in Jackson County."


This allegation, first published nearly two years ago, has been proven false.

While there were some horses that were underweight, most notably a mare who had been very sick, vets testified that 56 horses were in ideal or better weight.

There was hay and water on the premises, proven by the prosecution's own photos. There were witnesses who testified that the defendant bought hay from them.

How hard would it have been to look into this, Dave?

Instead, we have the following "news" outlets reporting your untrue allegation:

  • Detroit Free Press [link]
  • WLAJ, MI [link]
  • ConnectMidMichigan.com [link]
  • Battle Creek Enquirer, MI [link]
  • WILX-TV, MI [link]
  • Lansing State Journal, MI [link]
  • Fox 28, IN [link]
  • WLNS, MI [link]
  • MLive.com [link]
  • and probably more not yet indexed


I expect a correction.

XP


P.S. Where possible, I am adding in the comments:

I'm ashamed that [news source] is recycling misinformation from March 2007. These horses were not tortured. They had food and water. There was medicine and dewormer; this is all documented. Review the testimony for yourself: http://turn3vsjcac.blogspot.com/

It is important to note that Jackson County combined separate groups of horses, allowing very young horses to become impregnated *after* the seizure, allowing Elvis to be trampled *after* the seizure which was the direct cause for his euthanasia, sold horses with massive parasite loads and unkempt hooves 6-8 months *after* the seizure and even sold a number of them to "kill buyers" who ship horses to slaughterhouses in Canada.

That's not rescue. The public has the right to know.

Recycling BS

I think I will just call an article "compost" if it recycles erroneous information like this:


Court reinstates charges against horse farm [link]
Midday update
DAVID EGGERT • Associated Press • February 4, 2009 • From LSJ.com

The Michigan Court of Appeals has reinstated felony torture charges against two horse farm operators.

Authorities in March 2007 discovered 69 malnourished horses without food or water on a farm in Jackson County. The horses were found amid piles of trash, rusted auto parts and manure.

A three-judge panel released an opinion Wednesday finding probable cause to bind over James Henderson Jr. and Matthew Mercier for trial. A circuit judge had ruled there was no evidence that the defendants intended to harm horses.

The appeals court also reversed a lower court and ordered the farm's owner to forfeit his herd.

Messages seeking comment have been left with attorneys for the two defendants.


My comment:

I'm ashamed that the Lansing State Journal is recycling misinformation from March 2007. These horses were not tortured. They had food and water. There was medicine and dewormer; this is all documented. Review the testimony for yourself: http://turn3vsjcac.blogspot.com/

It is important to note that Jackson County combined separate groups of horses, allowing very young horses to become impregnated *after* the seizure, allowing Elvis to be trampled *after* the seizure which was the direct cause for his euthanasia, sold horses with massive parasite loads and unkempt hooves 6-8 months *after* the seizure and even sold a number of them to "kill buyers" who ship horses to slaughterhouses in Canada.

That's not rescue. The public has the right to know.



P.S. For that matter, the Michigan Court of Appeals written judgment was likewise "compost" -- the same old disproved arguments of the prosecution touted as fact.

Not the end.

It's not over.

Court of Appeals overturns Jackson County judges in Grass Lake horse abuse case [link]
by Steven Hepker | Jackson Citizen Patriot
Wednesday February 04, 2009, 10:38 AM

The Michigan Court of Appeals has reversed two Jackson County Circuit Court judges and reinstated criminal and civil cases against a Grass Lake horse farm.

The ruling Tuesday came just three weeks after oral arguments in Prosecutor Hank Zavislak's appeal.

In the civil case, Circuit Judge Thomas Wilson overturned District Judge Joseph Filip's forfeiture of 69 horses owned by James Henderson Jr. Wilson determined forfeiture was improper because Henderson was an absentee owner and did not have direct control of the animals.

The appeals court ruled that because Henderson owned the horses and leased the farm in E. Michigan Avenue, and care of the horses, pastures and pens were inadequate, the forfeiture was correct.

The appeals court also reinstated three felony counts of animal torture against Henderson and farm manager Matthew Mercier. Circuit Judge Chad Schmucker dismissed the charges, saying the evidence did not establish the three animals in question were tortured.


Don't think that this ruling will end the fight for justice in this case.

Jackson County should not have seized the horses. The problems were minor, common, fixable and being addressed. Animal control made things far worse with their inept handling of the herd.

Never forget that Elvis was trampled to death after the seizure.

Never forget Summer or the other horses loaded onto trailers bound for slaughter in Canada after the public livestock auctions.

That's not rescue.

Tuesday, January 13, 2009

Turn 3 case continues in court of appeals

Members of the self-titled Turn 3 Army drove down ice-covered highways to show their support for Matt Mercier and James Henderson as the Michigan Court of Appeals heard opening arguments.


Court of appeals hears arguments in Grass Lake horse case [link]

Steven Hepker | Jackson Citizen Patriot | Jan. 13, 2009


James Henderson said he did not visit his Grass Lake horse farm in the first quarter of 2007.


Jackson County Assistant Prosecutor Jerrold Schrotenboer argued Tuesday that a jury should get to decide if some of his animals were tortured in that time either intentionally or as the result of "conscious disregard."


"The torture statute is a general-intent statute," Schrotenboer argued before the Michigan Court of Appeals in Detroit. "The Circuit Court got it wrong."


In other words, torture can involve active participation or inaction.


Circuit Judge Chad Schmucker last year dismissed animal-torture charges against Henderson and farm manager Matthew Mercier. In a parallel civil case, Circuit Judge Thomas Wilson overturned a ruling by District Judge Joesph Filip that ordered Henderson to forfeit his herd of 60-plus horses to the county.


Although charges involved just three horses, the county seized the entire herd in March 2007 and eventually sold them at auction for a fraction of what Henderson claimed they were worth. About 80 horses sold for $50,000.


Defense attorney Michael Dungan said Henderson did not consciously disregard medical problems with the three horses because he was not aware of them.


Henderson was an absentee owner and Mercier ran day-to-day operations, he said.


That's what I've seen so far in the media. Will update with witnesses' accounts of the first day in court when supporters return home and send updates.