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.
1 comment:
That is so unfortunate and just plain WRONG! If they want to charge someone, they should be charging the Animal Control Officers w/ abuse and neglect. This is ridiculous! An outrage!
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