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NEW BLOG

2009-02-11T01:51:00.000-05:00

All posts and comments have been imported.

Visit the new site here:

http://turn3.freelief.com/

David Eggert, you ignorant ass.

2009-02-04T19:03:00.005-05:00

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

2009-02-04T16:16:00.002-05:00

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.

2009-02-04T13:00:00.002-05:00

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.

Turn 3 case continues in court of appeals

2009-01-13T16:16:00.000-05:00

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.

We're looking for your testimonials.

2008-11-14T13:09:00.003-05:00

In my inbox yesterday, as a result of a mass email from another Turn 3 Army member, I received this testimonial.

I not only think everyone should read it, but if you have a personal experience to share involving this case, I'd like to hear from you, too.

Horse friends and associates;

Last spring I emailed many (if not all) of you when the media frenzy covering the seizure of horses in Grass Lake broke and I realized that I personally knew Matt Mercier, one of the young men charged in the case. Having shown with him at Spur of the Moment Horse Shows; having seen his horses, their willing attitude and affection for him; their healthy condition and witnessed first hand his consideration for his horses... the belief I shared in my email—that the charges being brought against these young men were not only suspect, but had to be inherently wrong—was validated several months ago.

If you have not been following the continued Grass Lake horse seizure—or been enlightened—the front page of the Farm Bureau newsletter disclosed earlier this year that all charges were dropped against Matt Mercier and Jim Henderson. Subsequent court decisions concluded the seizure was conducted without any basis in fact, and the return of their horses and property (or value) was ordered. However, Matt and Jim are still subjected to animosity from the uneducated public because the mass media has not sensationalize the truth like it did the falsehood.

With the charges dropped, rather than owning up and acknowledging they made a serious mistake, Jackson County Animal Control—using our public donation and tax dollars intended to provide for needy animals—is now taking a different direction to circumvent making restitution and admitting their actions were completely, totally and irresponsibly WRONG. Now, they are pursuing legal steps that jeopardize anyone who owns livestock. The results could give animal "shelters" more power and autonomy to make subjective decisions for privately owned farms and how we provide for our animals, and justify (and absolve) their misconduct in the Grass Lake seizure or the repeat of such.

Livestock and farm owners have to galvanize into action before this goes back to court in January! If WE don't keep people with limited knowledge about our animals and farms from making more arbitrary decisions and laws FOR us, the farms and horses that are lost tomorrow will be our own. Please contribute a few minutes of your time to write a letter; forward contact information for helpful sources for others to send letters to, and forward this email to your horse and farm associates for OUR mutual protection!

SINCERELY,
Gerry Eaton

This is exactly the kind of material that is needed to share and forward that will help spread the word about this case and motivate others to get involved. Thanks, Gerry.

To get involved, e-mail your letter to xpbuttercup@gmail.com and jdocpony@yahoo.com so we can share more testimonials with the public.

May the good you do today benefit us all tomorrow.

No excuse: Ag groups must act now.

2008-11-10T09:05:00.006-05:00

I was at three of the four public auctions of "Turn 3 Ranch" horses held in 2007, after seeing photos from the first one. I was absolutely appalled at the condition of the horses that had been in Jackson County's care for at least six months:

There was NO EXCUSE for the horses to be long overdue for hoof care, with the dollar amount that Animal Control demanded for their basic needs.
There was NO EXCUSE for the weanlings—born after the farm was seized—to be bloated from an obvious parasite infestation, with their bones sticking out through dull, fuzzy coats a clear indication that those distended bellies were not "fat" by any means.
There was NO EXCUSE for yearlings and two-year-old fillies to be bred for spring 2008 foals, which also clearly happened during the months that the county was "in charge" of the herd.

Fecal tests done by new owners showed that the horses suffered from as many as three different kinds of intestinal parasite, in numbers great enough to kill the horse if not dewormed with the utmost care. This indicates that regular deworming did NOT occur under the county's watch.

I didn't trust what I was hearing when this case first went public—didn't know anyone on either side—so I read the pre-trial hearing transcripts for myself. While conditions at the farm were truly not ideal, neither were they abuse.

To see abuse, you need to look at what the county's actions did to the defendants' lives. Read what the media reported based on what county officials told them.

What manner of animal lives for six months without food or water?
Who claims there are 30 pregnant mares, when only a month or two before foaling, it is clear to any knowledgeable farmer what is a developing foal and what is a "hay belly"? (Only about a dozen mares were actually pregnant, and the fact that they carried to term indicates they received adequate care during their pregnancy.)
Who perjures themselves and says there was no food or water available, in order to seize the property, when their own photographs and testimony later entered prove that food and water WAS available?

This case is a nightmare for farmers. The agricultural community better wake up, and quick.

How would it affect YOU if keeping livestock in muddy spring fields was considered animal cruelty? Does every cow in your herd need an individual stall and a clean blanket?
How would it affect YOU if every scratch, cut or cough had to be appraised and treated by a veterinarian or you could be considered guilty of a felony?
How would it affect YOU if wire fencing were banned for large animals? If a neighbor with a vendetta opens your gate at night, should you lose the right to own animals?

Think about it. National case law could be made in Michigan in January 2009. Are you ready?

Date set for appeal.

2008-11-04T08:36:00.005-05:00

News today in the Cit Pat:

Appeals court to hear horse forfeiture case
Steven Hepker, Jackson Citizen Patriot | Nov. 4, 2008

Attorneys will argue the Grass Lake Township horse case on Jan. 13 before the Michigan Court of Appeals.

Jackson County Assistant Prosecutor Jerrold Schrotenboer said Monday the appeals court set oral arguments in the case of Jackson County vs. James Henderson and Matthew Mercier.

At issue is the court-ordered forfeiture of Henderson's large herd of horses at his farm on Page Avenue.

The American Humane Association, the Michigan State Bar Animal Law Section and Leelanau Horse Rescue filed amicus briefs supporting the appeal.

District Judge Joseph Filip ordered the county to sell the animals in July 2007, four months after Jackson County Animal Control seized more than 60 horses on allegations of abuse.

Circuit Judge Thomas Wilson in May overturned Filip's ruling in the civil forfeiture case.

In the related criminal matter, Circuit Judge Chad Schmucker dismissed animal-torture charges against Henderson and Matthew Mercier.

Jackson County Prosecutor Hank Zavislak appealed both rulings.

Henderson owned the farm and Mercier managed it. Schmucker determined Henderson was an absentee owner who did not handle day-to-day operations in the winter of 2006-07.

Eventually, after foaling season, the county sold nearly 80 horses for about $50,000 at three auctions.

Henderson plans to sue the county for lost horses and lost income.

He was fired as a probation officer in Washtenaw County last summer because of his legal problems.

Oral arguments will pit Schrotenboer against defense attorney Michael Dungan of Jackson.

Farm Bureau and others, where is your amicus brief in support of Michigan farmers adhering to the Right To Farm Act?

Where is the public outrage over the documented mistreatment of the horses at the hands of incompetent county staff and untrained volunteers?

Where is the outcry over the county selling these "rescued" horses to meat buyers at auction, with the inevitable destination of slaughter in Canada?

Why should the owners face felony animal cruelty charges in the death of a horse trampled under the "care" of Jackson County, weeks after the farm was seized?

Get the facts. Don't believe me, read the transcripts yourselves. Interview the witnesses at the auctions. Do not assume your government is there to protect you. Indeed, take action to protect yourself from your government.

I'm XP, and I approve this message.

Farmers rights at risk. Will you stand?

2008-09-22T09:15:00.003-04:00

Once again, it is time to step up and take action.

Case of seized horses threatens rights [link]
Jackson Citizen Patriot | Sep. 20, 2008

SPRINGPORT — Jackson County Animal Control overstepped its bounds when it seized 69 horses at a Grass Lake farm more than a year ago. A judge agreed, but the county appealed.

We should show support for the farmers whose property was wrongfully taken and sold. Why? Because the dangerous precedent this case will set if the county prevails puts us all at risk.

To seize the farm, officials claimed the horses had no food or water, but submitted photos into evidence showing this was untrue. Experts testified most of the valuable herd was near ideal body condition.

Adequate food and shelter — per Michigan Department of Agriculture recommendations — was provided. The Right to Farm Act should have protected the owners from overzealous officers and an ignorant judge who wrongly allowed the county to auction the horses away for pennies per pound.

Testimony also indicates Jackson County failed to provide adequate care. A wounded filly, Ice, did not receive proper veterinary attention. Elvis, a young paint, was euthanized.

Judges this spring dismissed torture charges, found the forfeiture improper and ordered the owner reimbursed for the animals and lost income. Prosecutors waste taxpayer money by appealing those rulings.

Worse, radical groups like People for the Ethical Treatment of Animals are watching. A new ruling could adversely affect farmers by setting unfriendly case law and giving authorities overreaching power to seize property with little or no evidence.

With national attention focused on this appeal, state agriculture organizations must act to support the rights of Michigan farmers.

If you value your personal property rights, urge Michigan Farm Bureau to file an amicus brief in support of James Henderson and Matthew Mercier, owner and manager of Turn 3 Ranch. For more on this case, visit Turn3Justice.com.

— Shantell Coats

Keep it going.

I'm counting on fellow supporters to run with this. Contact your local Farm Bureau office with a copy of this letter, and any supporting information from this blog.

(Permission granted. Copy and disseminate freely.)

Join the Farm Bureau and make sure they know you are joining because of this case (always best to put it in writing) and that you expect their support of these Michigan farmers to ensure it doesn't happen to you or your neighbor next time.

Another reason you should care.

2008-09-16T22:43:00.003-04:00

If it can happen to Turn 3 Ranch, it can happen to you.

Here is a news article about another alleged neglect case:
Couple face animal cruelty charges

Read the comments ... there are pages of them!

Then visit this site: www.painterdefensefund.com

I'm waiting for more details on this case, but it sounds more and more like another improper seizure from what information I have been receiving.

Why should anyone care?

2008-09-04T09:09:00.003-04:00

A CitPat reader questions the concern over national lobbying interests' involvement in the Turn 3 case:

Association's role defended on horse case [link]

RIVES JUNCTION — Why are some people upset that the American Humane Association filed a brief in the county horses case? I looked up the definition of an amicus brief in a law book and it says, "to call the court's attention to some matter which might otherwise escape its attention. To aid the court in gaining information to make a proper decision ..."

AHA was just protecting the integrity of a statute involving animals. [Really? Have you read the brief?] It is the only more conservative national organization that works hard to protect both children and animals.

The outcome of this case will affect other animal cruelty/neglect cases and so that is rightly its concern. Don't we allow freedom of speech in Jackson County?

One of the suspects was fined by the court for using a sexual slur against one of our female animal-control officers as reported by this paper. What kind of people defend suspects who would do something like that? [If we're commenting on "alleged" remarks, what kind of people would make references to one's sexual orientation as if it were material to the charges? Pretty sure that's illegal.]

— Mary Ganson

We care, Mary, because of the rights of agricultural families that have been stripped by ignorant but powerful and well-funded animal rights organizations, whose supporters may be several generations removed from the farming life.

Apparently you weren't in court when one of the female animal control officers asserted she would not hesitate to use deadly force against the defendant(s) ... I believe this was just before the case was thrown out due to lack of evidence that the personal protection order (wrongfully obtained, by the way) had been violated.

These officers lied under oath and it was proven. They, for lack of a better word, STOLE over $500,000 worth of horses from the defendants and the horses were in worse condition after the farm was seized—also proven. How can you defend these actions?

More on Right to Farm.

2008-08-28T22:14:00.002-04:00

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.

2008-08-26T23:05:00.003-04:00

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

2008-08-26T22:42:00.002-04:00

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

2008-08-26T22:12:00.002-04:00

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

2008-08-26T22:08:00.002-04:00

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.

2008-08-26T19:32:00.000-04:00

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.

2008-08-26T19:02:00.004-04:00

Get on & hang on.

Join the Facebook Group: Support Turn 3 Ranch

Become a Fan of the Facebook Page: Turn 3 Ranch

Support the Facebook Cause: Support Turn 3 Ranch

David, meet Goliath.

2008-08-22T12:09:00.003-04:00

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.

2008-08-20T13:16:00.004-04:00

* 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.

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."

I spoke too soon.

2008-08-20T13:04:00.002-04:00

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.

2008-08-16T13:41:00.002-04:00

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.

Lives in the balance. Indeed.

2008-07-25T21:31:00.002-04:00

Below is an article published in the MQHJ this month.

Juanita Stubleski | Jul 25, 2008

In the January issue we printed Paul Jackson’s article appropriately named, “Lives in the Balance.” It recapped the real life drama of nationally known Turn 3 Ranch, owner Jim Henderson and manager Matt Mercier, and their barrel race herd of 69 head at the time of seizure by Animal Control, which after spring births rose to 80 head.

The article also made horse owners aware that an older horse or a natural passing of a horse in the winter must be handled with extreme caution and documentation to be able to pass the scrutiny of untrained and unknowing individuals regardless of their intentions.

As it turns out Jim & Matt’s lives have hung In the Balance and continue to do so, and so have the horses that the purported rescuers set out to save. Recent court decisions have dropped all felony abuse charges brought for injuries sustained by three of the horses. Of these three—one Life is no longer part of the Balance—the people who “rescued” the herd, tried to feed 69 horses with one round bale and this weakest individual (Elvis) sustained irreversible injury and had to be euthanized. Jim and Matt were not notified until after the horse was put down—even though Jim was still the owner of record at that point. The second of the trio, Ice—will never be 100% sound because the “rescue team” refused to allow medical treatment to take place as originally scheduled and I believe the third horse, Mouse has fully recovered from the bout of colic and separation anxiety that caused her initial loss of weight.

That leaves 77 horses' Lives in the Balance. As we all know, the horse market has been down the last several years and horse slaughter has been banned in the US—but not Mexico or Canada. The next step of the people on the rescue mission—as winter was coming was to dump all the remaining horses at auctions—promising registration papers they can’t deliver—with the horses in worse shape at the time of the auction then at the time they were seized, all the while knowing that Jim had a court ordered lien on all the horses.

Testimony during the first trial of three vets verified that the majority of the herd was in optimum condition. Rugged Red Bug was one of the broodmares in optimum condition. She had her foal—which was stripped from her side at a sale—no advanced weaning. At least the foal got to live. Not so for Rugged Red Bug—she was reportedly shipped to Canada to the slaughterhouse, and she was not the only one.

To make matters worse, buyers got young fillies and mares that they had purchased home, and found that unknown yearlings and/or 2 year old studs had impregnated them while the rescuers had allowed them in the herd. Several of those were aborted before birth.

As for Dee and Easy, the old mares who were underweight at the end of the winter in spring of 2007—the rescue agency that testified to the standard of care necessary for all horses, didn’t provide that care for them. They were left at another facility. The horse rescue also took 2 of the most valuable mares—a daughter of On the Money Red and a daughter of Packin Sixes and her baby—and sold them right after the rescue.

As for the human Lives in the Balance, Jim and Matt’s names have been dragged through the mud by the media—ready to pounce on ever shred of what could be bad news—reporting inaccurate information without retraction, using photos of horses not even owned by Turn 3. All of this while Jim and Matt’s horse friends (Matt is quoted as knowing each one’s whinney) demise was completely out of their control. They fought the battle for all of us, at great expense, and have finally won redemption having the seizure reversed as unlawful. The case is now back in the lower court to determine the actual value of the herd and equipment that was taken, and I hope that they indeed do receive just remuneration.

Who can put a price on some of the relationships we have with our four legged friends? Who can replace that springtime rush, seeing the new foals born, which Jim and Matt have missed for two seasons now? And how do you replace years of getting the right pedigrees, which have the right crosses to your stallions at just the right generations? And who can replace campaigning not one stallion but two of the top in the nation—Sky High Fame (APHA) and Buggy Full of Money (AQHA).

I urge each of you to contact the Michigan Horse Council to express your views on whether horses are livestock or companion animals, whether the slaughter facilities should be allowed in the US and most of all—how the Michigan Legislature is going to ensure that each county’s animal control follows the Michigan Right to Farm Act.

I hope if you see either of these two gentlemen out at a show, race or event—you will stop them to say thanks. Thanks for keeping our Lives out of the Balance.

Obviously written before the Michigan Court of Appeals decided to hear Jackson County's case, but still a good read and a reminder of what has occurred in this landmark case. Keep following the blog to learn how you can help with any future activism.

Appeals court to hear horse farm case.

2008-07-22T10:58:00.003-04:00

Recap of the state of affairs in JCAC vs. Turn 3 Ranch:

Appeals court to hear horse farm case

Jackson Citizen Patriot | 22-July-2008

The Michigan Court of Appeals will decide whether a Jackson County judge was right to declare the county's forfeiture of a Grass Lake Township horse farm was improper.

Circuit Judge Thomas Wilson ruled in May that District Judge Joseph Filip acted improperly in July 2007 when he ordered James Henderson, facing allegation of abuse, to forfeit his horses.

The prosecutor's office appealed the decision and the appeals court agreed Friday to hear arguments, Jackson County Assistant Prosecutor Jerrold Schrotenboer said.

It likely will be December or later before the case goes before the court, Schrotenboer said.

Appellate judges will address the propriety of the forfeiture, a civil issue, at the same time they review Circuit Judge Chad Schmucker's April 30 ruling in a related criminal matter dismissing animal-torture charges against Henderson and Matthew Mercier, the farm manager, Schrotenboer said.

The court agreed last month to review Schmucker's decision, which the prosecutor's office also appealed.

"Both Judge Wilson and Judge Schmucker ruled what the law is and we are confident the court of appeals will uphold the law,'' Mercier said.

Schmucker 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.

Until the court hears the cases, all county-level action is stopped, Schrotenboer said. Both Henderson and Mercier still face a misdemeanor charge of neglect.

"We'll sit and wait. Jackson County is delaying the inevitable,'' Mercier said. "The wheels of justice don't turn all that fast, especially in Jackson County,'' he said. "Our lives have been completely on hold (since March of 2007).

In his May ruling, Wilson determined Henderson could not be guilty of failing to provide adequate care, which the forfeiture statute requires, because he was not involved with the day-to-day operations of the farm, Schrotenboer said.

Wilson ordered the county to repay Henderson for his lost property and sent the case back to District Court, where Filip was to decide how much Henderson is owed.

That has not been determined as any further hearings are delayed until the appeals court makes its ruling.

Filip had found Henderson did not adequately care for his animals after an eight-day forfeiture hearing held in conjunction with a preliminary examination.

Jackson County Animal Control seized 69 horses on Henderson's farm in March 2007, saying conditions were unsafe and unsanitary. After foaling season, the herd grew to more than 80.

Most of the horses were sold for about $50,000.

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

Regarding today's canceled hearing.

2008-06-13T14:23:00.002-04:00

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.

2008-06-13T14:18:00.001-04:00

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.

2008-06-13T09:04:00.003-04:00

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.

2008-06-12T19:16:00.002-04:00

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:

2008-06-12T11:27:00.004-04:00

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

2008-06-12T10:49:00.002-04:00

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.

2008-06-11T18:41:00.003-04:00

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 ...

2008-06-10T17:17:00.001-04:00

... 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.

2008-06-08T22:09:00.001-04:00

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.

Judge to consider dismissing the remaining charges.

2008-05-31T20:20:00.002-04:00

Now, just how DID evidence in an ongoing court case end up in a box labeled with the county employees' boyfriend's address on it?

Dismissal of horse charges considered
Saturday, May 31, 2008
By Steven Hepker
shepker@citpat.com -- 768-4923

A judge will be asked to dismiss the criminal neglect case against two Grass Lake horse farmers just days before the June 16 trial.

Circuit Judge Chad Schmucker agreed Friday to consider defense motions to dismiss the cases against Turn-3 Ranch owner James Henderson and farm manager Matthew Mercier on June 13.

Schmucker earlier tossed all felonies against the men and Circuit Judge Thomas Wilson ruled in a civil case that Jackson County must pay for 69-plus horses it seized and sold.

Defense attorneys Michael Dungan and Ronald Fabian will seek to dismiss the remaining misdemeanor count based on evidence Jackson County Animal Control apparently lost, and on allegations the search warrant was based partly on lies by a witness.

Remove false statements that allowed a search of the farm on March 20, 2007, and the criminal case crumbles, Dungan said.

Fabian said Animal Control officials admit most of the evidence he is seeking is lost, or at least not in the county's possession.

Among the missing evidence is a dry-erase board upon which Mercier kept track of medications and treatments for various horses.

"Imagine how I would use that in a jury trial," Fabian said.

Schmucker said he will move forward based on a June 18 trial date. Because animal neglect is a misdemeanor, the trial will require six jurors and two alternates, rather than a dozen jurors, he said.

Assistant Prosecutor Jerard Jarzynka said the trial will take about a week.

The trial could be put on hold indefinitely if the Michigan Court of Appeals agrees to hear appeals by Jackson County prosecutors in recent rulings by Wilson and Schmucker.

©2008 Jackson Citizen Patriot / Michigan Live. All Rights Reserved.

So, where is the rest of the missing Turn 3 Ranch property? Maybe you should be checking your county employees' friends and families homes and barns, Mr. Prosecutor. Amazing where valuable "evidence" ends up.

People continue to speak out.

2008-05-30T20:15:00.001-04:00

Jackson Citizen Patriot has been hearing a lot from readers of this blog lately.

County makes it worse in horse case
Posted by Jackson Citizen Patriot
May 30, 2008 10:23AM
Categories: Voice of the People

BROOKLYN — I am appalled at the county prosecutor's office and its handling of the case involving the horses seized in Grass Lake.

The prosecutor says this case isn't over yet and that he is appealing because, if his office does not, the county will have trouble paying James Henderson back.

A couple of questions arise. Isn't an appeal due to matters of law rather than finance? I didn't think you got to appeal because the county can't pay, or because you do not like what the judge ruled.

Now, two respected judges in our county have ruled in favor of the men being prosecuted. Is the county saving money by paying for appeals and the staff to chase them? Is it saving by continuing to persecute two men who have done nothing wrong? All the prosecutors are accomplishing is making the situation worse. I am sick of the ends that Jackson County seems to go to hide its mistakes.

I know there are people who still think the county and animal control is in the right, but they are not. I am glad people are finally seeing this for what it is. A lot of taxpayer money is going down the drain so a few people in the prosecutor's office, in animal control and on the county Board of Commissioners can save face.

This just makes me sick. You made a mistake, fess up, pay up and move on!

— Melissa Adams

Keep telling them, and keep setting the record straight in the comments. Be polite, honest and to the point. People are watching, listening, reading. Sadly, many still believe the lies reported well over a year ago, but public opinion is changing with every letter published.

Neglect, not neglect.

2008-05-28T20:56:00.001-04:00

Folks, THIS is neglect:

(one of many starved Arabians from a recent Florida case)

(a rescued Saddlebred being rehabilitated at Horses Haven)

THIS is NOT neglect:

(Turn 3 Ranch, March 2007)

(Turn 3 Ranch, March 2007)

Just making sure we don't lose perspective, here.

Busy day!

2008-05-23T15:35:00.003-04:00

Even more in the Cit Pat today.

Judge denies motion to postpone Grass Lake horse case
Posted by Steven Hepker
Jackson Citizen Patriot
May 23, 2008 10:56AM
Categories: Crime/courts

A judge Friday denied a prosecution motion to postpone the June 16 trial in the Grass Lake horse case pending appeal.

Circuit Judge Chad Schmucker said the misdemeanor animal neglect case will go forward against farm manager Matthew Mercier and Turn 3 Ranch owner James Henderson.

Henderson's attorney, Michael Dungan, argued that if the trial is delayed, Henderson will lose his job as a probation agent in Ann Arbor.

Dungan said Henderson, who is suspended from his job, will be fired if the charge remains on July 1.

Assistant Prosecutor Gerrold Schrotenboer told Schmucker he will file appeals early next week and ask for an immediate decision whether the Court of Appeals will consider the appeal.

Prosecutors will appeal Schmucker's recent ruling that tossed felony torture charges, and a ruling a week ago by Circuit Judge Thomas Wilson that Jackson County must reimburse Henderson for the loss of 68-plus horses.

The county Animal Control seized the Grass Lake horse farm in March 2007 and eventually sold or gave away the horses and their offspring.

Smell that, Jackson County Animal Control?
(No, it's not your old filthy, disease-ridden shelter.)

Thanks for noticing.

2008-05-23T12:23:00.002-04:00

Kudos to the Cit Pat for this article, enlightening residents on the costs that Jackson County is passing along to them.

Horses' seizure, sale begs questions
Posted by Jackson Citizen Patriot
May 23, 2008 09:33AM
Categories: Editorial

Issue
A judge orders Jackson County to pay the owner for horses it seized and sold off.

Our Say
The way that county officials handled this case could be very expensive.

The following is a Jackson Citizen Patriot editorial for May 23:

With every court ruling, it's becoming clear that Jackson County got more than it bargained for last year when it seized 69 horses from a Grass Lake farm.

County officials' actions since stepping foot on the Turn-3 Ranch in March 2007 have turned out to be expensive for taxpayers. That's especially true after Circuit Judge Thomas Wilson last week said the county will have to pay back the horses' owner after selling the animals.

Of course, the public should have been interested in the well-being of animals on the Turn-3 Ranch. But while officials acted in good faith, their handling of this should lead to questions.

Did officials at all levels of the county — from commissioners to the animal-control office to the prosecutor — make the best decisions? Did they get the best advice along the way? Could any of this been avoided?

Supporters of farm owner James Henderson Jr. and manager Matthew Mercier have been adamant that they did nothing wrong. That's a matter for the courts to settle, but Henderson and Mercier have refused to budge, even when faced with felony torture charges. A judge later tossed out those charges.

It's a stretch to say that this duo has been railroaded by local government, but the county's go-for-broke approach to this entire situation has backfired.

Today, county taxpayers are out $130,000 for the horses' care, plus whatever amount a District Court judge might order (prosecutors are appealing Wilson's ruling).

Should county officials have done anything differently? It's playing Monday-morning quarterback to say at this point, particularly as Henderson and Mercier still face criminal charges.

Still, the government's handling of this entire case raises doubts — expensive ones that the public might be paying for quite a long time.

Nice. Please add your comments on the Cit Pat link.

Rescued? Not exactly.

2008-05-23T10:08:00.011-04:00

I want to show you a current photograph of a horse that was bought at a Napoleon auction last fall. This is one of the Turn 3 horses that was seized in March 2007.
(First off, this photo belongs on the Unsafe Fence site.)

It is now late May, 2008. This two year old looks no bigger than a yearling, his growth apparently stalled over the past year, and probably permanently stunted. While other horses lost their shaggy winter coat 30-60 days ago, and are sporting sleek shiny new summer coats, this stud colt still retains his which is a clear sign that he's not healthy on the inside.
(Could be worse. At least he's alive—for now.)

A couple of my horses in May of years gone by
(obviously, I tend to err on the side of "overfed")

Indeed, it is easy to see the colt's protruding spine and hip bones. There is no top line, no protective fat layer along his backbone. While his belly looks fat, knowledgeable folks know the "bloated" look combined with a dull coat is an obvious sign of severe parasite problems in the digestive tract. We know that many of the horses sold by Jackson County were infested with them, and have eye-witnesses and vet records to prove it. If this poor boy has been dewormed, it wasn't enough. Deworming a horse with a severe parasite load is a delicate process that involves several steps and careful execution to avoid fatal side effects.

Here is one of MANY photos taken within days of the seizure, that shows the true condition of the majority of the herd at the time. Fuzzy due to a cold wet winter, but clearly well fed.

In fact, the "rescued" colt at top looks worse a year after the seizure than 96% of the Turn 3 horses looked at the time the ranch was seized. As a matter of fact, of the many photos I have examined, the ONLY horse that looked worse was a young mare that had nearly died from a severe colic episode (many famous and expensively maintained horses have been lost to sudden colic), lost a dramatic amount of weight within a couple of weeks, and was being appropriately cared for in her rehabilitation.

One of the other horses deemed "emaciated" actually looked better than this gelding. And she looked 500 times better than this truly starved Saddlebred mare, Angel, that was taken in by Horses Haven last year. (Fair warning: there are more heartbreaking photos at the link.)
(Please click on her name to help sponsor her recovery!)

Angel, now recovering at Horses Haven

Turn 3 mare that the county's "expert" deemed just as bad as Angel
(actually looks great for her advanced age and athletic build,
can see fat padding along the spine, hip and shoulder;
slightly underweight being preferable and healthier than obese)

But that's not even the worst of it.

Remember meeting Jamie last year?

In December, the discovery of Jamie's aborted foal greatly upset her new owners.

graphic photo

This dead foal fetus, the result of Animal Control's gross mismanagement of the Turn 3 herd, is actually a blessing for her momma ... horses are not mature enough for a healthy pregnancy until at least age 4 or 5, with most conscientious breeders waiting until full growth is achieved at age 6 or 7.

A pregnant two year old filly is roughly similar to a 12 year old girl having a baby. It invites dangerous complications, and interferes with healthy growth. Many people do not even start training their horses to ride until they are 4 or 5 years old, due to complications later in life due to starting them too young.

Jamie was far from the only Turn 3 horse impregnated after the seizure. There are other reported spontaneous abortions (a natural defense for the too-young mare) and owners upset due to the loss of use of their new mares due to unplanned and unwanted pregnancies, as well as the problem of having a foal with an unknown sire that—despite its quality lineage—cannot be registered.

It's been over a year since this fiasco began. Jackson County failed its citizens.

Allow it to end, Prosecutor Blumer. Stop the appeal process, and let those lives affected begin to heal.

Several articles from thehorse's mouth.

2008-05-20T12:36:00.002-04:00

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.

More major media coverage.

2008-05-19T09:40:00.002-04:00

We've been waiting a long time for this.

County Ordered to Reimburse Horse Owner Accused of Neglect
Posted: May 19, 2008 07:43 AM
Alison Himelhoch, WLNS TV 6 Lansing Jackson Michigan

A big blow for Jackson County. A judge has ordered the county to pay thousands of dollars to a local horse owner. You may recall the owner and a caretaker are accused of neglecting dozens of race horses. For James Henderson, horses are his passion.

James Henderson: "Raise and race and barrel race horses, I love doing that."

And soon he'll be able to afford to do that a lot more. Friday, a judge ruled Jackson County must pay Henderson for property he used to own.

James Henderson: "I was overjoyed."

Fourteen months ago, Jackson County Animal Control seized 69 horses owned by Henderson. They say the horses had been neglected. They treated the animals and sold them in auctions last year. Matt Mercier was the animal's caretaker, which is why the judge says it wasn't fair for Henderson to have to forfeit the animals.

James Henderson: "The law is in our favor, I'm not the caretaker of the horses. I believed Matt was taking care of horses, always taken care of horses appropriately before."

Prosecutor: "We believe, with all due respect, that the district court judge made a legal mistake in his ruling. What he's saying is, if you don't want to be responsible for your animals, just hire a resident agent and they can never take the animals away from you."

But the prosecutor says this case isn't over yet.

Prosecutor: "We will be appealing this, no doubt about that."

Because he says, if they don't, the county will have trouble paying Henderson back.

Prosecutor: "The county is hurting financially and this certainly wouldn't help."

James Henderson: "I would say probably close to $500,000. That's just the animals, that's not including my other property."

Money which Henderson says will help him move forward.

James Henderson: "What's next for me is I'll be buying a really nice farm."

A district court judge will now decide just how much the county will have to pay Henderson, but that case could be delayed when the county appeals the forfeiture decision.

All content © Copyright 2000 - 2008 WorldNow and WLNS. All Rights Reserved.

It feels good to have taken a part in exposing Jackson County's misguided forfeiture and being a part of seeing justice for the defendants.

Worried about paying for what you took, Jackson County? Should have thought of that before ignoring due process and the Right To Farm Act and standard operating procedure ... should have never taken those horses and all that personal property still missing ... should have never underestimated the farmers and livestock owners out there who make a daily living on "messy" farms to put food on your table and mine.

Henderson's reaction

2008-05-18T21:27:00.000-04:00

More media coverage of the judge's recent ruling:

Horse Ranch Owner Reacts to Judges Decision
Judge rules that 69 horses seized from James Henderson Jr.'s ranch be returned.

Posted: 6:26 PM May 18, 2008
Reporter: Tiffany Teasley

James Henderson Jr. says his connection with horses is like none other.

"If you actually ride a horse, you really become connected with that horse and you really become one," Henderson said.

But that connection was put on hold last year when Jackson County Animal Control seized 69 of his horses. The county impounded the horses from the Turn Three Ranch owned by Henderson and his ranch caregiver Matthew Mercier. The county alleged thee horse were left with little to no food water and inadequate shelter.

"Emotionally this has been absolutely devastating, this has been going on for a year," Henderson said.

But on Friday a judge ordered the return of those horses.

"I was elated, I was absolutely elated, that the judge followed the letter of the law," Henderson said.

The judge says the county didn't prove the horses were neglected when they were seized. Now begins the tedious process of tracking down those horses.

"Some have been sold two or three times over and those will be impossible to find," Henderson said.

Some horses were auctioned off and 11 were adopted, and Henderson says those should be relatively easy to track down.

"All the ones that were adopted out will be very easy to be found," Henderson said.

While Henderson doesn't plan on keeping Matthew Mercier as his caregiver he does plan on opening another ranch.

"When this gets over, I see myself doing it on a smaller scale so I can actually go back to riding and competing," Henderson said.

The Jackson County prosecutor's office plans to appeal the decision.

Jackson County ... you have nothing to gain by appealing this decision. The taxpayers are done funding your wrongdoing. Give them a break, and let people attempt to go on with their lives.

I'm disappointed that Ms. Teasley did not use this opportunity to report that some of the horses will not be able to be "recovered" because they were shipped to slaughter in Canada. I hope she chooses to follow up on the recovery process and expose this atrocity.

Perhaps readers would like to contact WILX and other media sources, and reiterate this grisly truth to the public.

Tell Prosecutor Blumer: ENOUGH.

2008-05-17T13:42:00.003-04:00

Today's news:

County must pay for horses
By Bill Chapin
Jackson Citizen Patriot
May 17, 2008 08:00AM
Categories: Top Stories

Jackson County will have to pay the owner of the horses seized from a Grass Lake Township farm last year for his lost property, a Circuit judge ruled Friday.

Jackson County will have to pay the owner of the horses seized from a Grass Lake Township farm last year for his lost property, a Circuit judge ruled Friday.

Judge Thomas Wilson said last year's district court decision by Judge Joseph Filip ordering James Henderson to forfeit his herd based on allegations of animal cruelty was improper. The civil case was returned to the district court to determine the amount owed to Henderson, which could include not only the value of the 69 original horses, but the value of more than 10 foals born after the seizure, lost stud fees and other lost income.

Matt Mercier, who managed the herd, said he estimates the fair-market value to be about $500,000. The county sold most of the horses at auctions in the fall for about $50,000.

Henderson and Mercier still face misdemeanor animal cruelty charges. Felony torture charges against them were dismissed on April 30.

Friday's ruling "vindicates Jim Henderson (and shows) that Jackson County didn't do a proper investigation when they started this thing," Mercier said, "and it should never have gotten this far."

County prosecutors say they plan to appeal the decision.

"We respectfully believe the judge erred in his decision," said Chief Assistant Prosecutor Mark Blumer. "We believe the forfeiture was a proper order from the court."

In his ruling, Wilson said Henderson may have owned the animals but did not have "charge or custody" of them "and was in fact an innocent owner in these circumstances." Wilson said there was a lack of evidence about how much direct involvement Henderson had with their care.

Wilson also said he was given no details on sections of damaged fencing through which horses had escaped, including whether any steps were being taken to repair it.
"Even looking at it in a light most favorable to the prosecution, that would not be enough for me to find that there was a failure to provide adequate care," he said.

"Even if I was to find Mr. Henderson in some way vicariously in custody of the animals, that there was a failure to provide adequate care as defined in the statutes, that should apply to 13 of the 69 horses."

Testimony in the case indicated the other 56 horses were in OK condition when the county took control of the Turn-3 Ranch in March 2007.

The county has spent more than $133,000 on the case, not including prosecution costs.

"This thing's been ugly from the get-go," Mercier said. "They should never have handled this case the way they did.

"Jim Henderson can start rebuilding what Jackson County took from him."

-- Staff writer Holly Klaft contributed to this story.

Write your letters today, and be sure to impress upon Jackson County that its taxpayers do not wish to fund an appeal ... tell the prosecution to give it up already.

Taxpayers have had enough!

Kudos, Judge Wilson.

2008-05-16T20:50:00.003-04:00

This brought tears to my eyes.

Judge: Horse forfeiture was improper
Posted by Holly Klaft
May 16, 2008 17:01 PM
Categories: Breaking News

The forfeiture of 69 horses in an animal cruelty case was improper, a judge ruled today.

Circuit Judge Thomas Wilson made the ruling in the case that involved two Grass Lake horsemen who were recently cleared of felony torture charges.

County prosecutors say they plan to appeal.

I don't regret an ounce of effort that I have put into this campaign. I have known since I saw the first pictures come back from the first auction, since I felt the ribs of those parasite-infested foals, that I was absolutely positively doing the right thing.

Jackson County should be forced to pay back not only the real value of each and every horse that they confiscated but lost income and personal suffering at being labeled animal torturers and knowing that your beloved horses were mismanaged by Jackson County and sold to unknown fates.

Can you put a value on a reputation? Can you put a price tag on an animal you raised since birth?

And more support.

2008-05-15T21:24:00.000-04:00

Another letter:

System does injustice to Henderson, Mercier

Posted by Jackson Citizen Patriot
May 15, 2008 10:01AM
Categories: Voice of the People

JACKSON — I can honestly say I am ashamed to live in Jackson County after the absolute fiasco that Animal Control has caused James Henderson and Matt Mercier.

This is the second time in my lifetime that I have seen injustice in this county, and that is too much.

I have tracked this whole Grass Lake horse story from the very beginning, and it is sad to say I am appalled at not only our judicial system, but those in authority, period.

Just because you have a high-ranking job does not remove you from taking responsibility for your actions, right or wrong.

You are human, and you can make mistakes. The difference is we "everyday people" have the moral obligation to admit when we are wrong. Apparently Animal Control and Mark Blumer are exempt from that.

My only hope is that these two men and their families will be able to heal from the scarring that these people have inflicted on them. No amount of money can ever replace what was lost.

Well Animal Control got its pictures in the paper and its name on the news. I hope officials there are satisfied!

— Christina Hayden

Keep at 'em.

Keep the letters coming.

2008-05-11T21:21:00.000-04:00

Latest:

Treatment of horses amounts to stealing

Posted by Jackson Citizen Patriot
May 11, 2008 08:03AM
Categories: Voice of the People

LEONI TOWNSHIP — It is about time the newspaper represented James Henderson and Matt Mercier in a fair manner. We stopped our subscription because all of the articles made them out to look like animal abusers based on what Animal Control said.

Animal Control did not provide a better living environment for those horses. It delayed treatment for the injured colt and didn't have a clue about grain when they took over.

Animal Control had no right selling or disposing of any of those animals before those men were proven guilty and they were given rights to the animals. These officials ought to be prosecuted and charged with theft and animal cruelty, considering the conditions of the horses they sent to auction and sold.

The horses they sold should be re-claimed because they are "stolen" and should have never been sold. County officials also should be responsible for restitution. This whole ordeal was wrong.

— Jackie Briggs

I hope all blog readers take just a few minutes and write a letter or two. The damage done to the reputations of Mercier and Henderson may never be undone, but you may help to change the minds of some.

Thank you, Judge Schmucker.

2008-05-10T21:26:00.000-04:00

For seeing what we've all been saying, all along.

From his decision:

"...there is simply no evidence that these Defendants intended to harm any of these three animals."

"...the District Court erred in finding probable cause. The three felony charges are dismissed against both Defendants."

It is so refreshing to see the right thing happen after so many months of incredible wrongs.

Filip: You too.

2008-05-07T10:34:00.003-04:00

I want to hear from Judge Filip, who gave these 80+ horses to Jackson County last summer, how he feels about the documented neglect they suffered at the hands of JCAC agents.

I want to know what he thinks about Summer's foal, where ever the poor thing may be now.

I want to know what he thinks of the sale by Jackson County of that beautiful, registered and well-bred chestnut Quarter Horse mare—sold as a grade horse, well below market meat price—at Napoleon, and the subsequent transfer of ownership to a kill buyer, who is known to have put Summer (and an unrelated stallion from the same sale) on a truck bound for slaughter facilities in Canada within days of the auction gavel falling.

They cared not about her eventual fate, or this would have been handled as a TRUE RESCUE is handled. Horses in need of rescue are:

a body condition score of 1 or 2 (very thin) and not being treated, not 4 or 5 (ideal)
legally obtained from the previous owner(s) after a trial and conviction
rehabilitated by the rescuing group, not neglected by them
adopted out to inspected, approved homes and followed up on...

not allowed to be indiscriminately pasture bred
not sold with papers belonging to other horses
not sold with heavy infestations of at least three types of parasite
not sold with cracked, chipped hooves, past due for routine care
not sold at public auction, at or below "kill pen" (meat) prices

So, your honor, it is on you now. I want a public apology.

To the defendants, and to those horses that YOU helped to kill.

I'll be waiting.

Treacher: Man up.

2008-05-07T10:24:00.002-04:00

This quoted text copied from email sent by Randy Treacher last year, to those who spoke out against the seizure and auction of the Turn 3 horses:

The foals will not be removed from their mothers
until they are weaned.

Horse slaughter, as you know, is illegal.

Randy Treacher

When confronted with a follow-up email recently, Mr. Treacher reportedly sent the correspondence to the police, accusing the sender of harassment.

He doesn't WANT to hear about Summer's unweaned foal being pulled off her AT the Napoleon auction. He doesn't WANT to hear about Summer being sold to a horse dealer who ships them to slaughter just across the border in Canada.

I suppose it is the only way he can sleep at night, knowing that he supported and condoned the actions taken against Turn 3 in Jackson County last year. The defendants will not be charged with felony torture. The charges were dismissed.

So, Mr. Treacher: Will you admit that you were wrong? This is not harassment, this is a simple question with a simple yes or no answer.

Blumer: You 'protected' them?

2008-05-06T09:30:00.002-04:00

Transcript from News 6 video update is available here.

WLNS reporter Alison Himelhoch narrates:
"Mark Blumer is in charge of prosecuting the pair. He says in March of 2007, animal control workers found 69 horses at the ranch, starving and malnourished." ...

Chief Assistant Prosecutor Mark Blumer, on camera with WLNS:
"The goal of this type of case, is first and foremost to protect the animals" ... "We won because we successfully protected those animals."

Mr. Blumer, are you on the same planet that we are?

First, I wonder if you'd like to repeat under oath that there were 69 starving horses, since it was testified in court months ago by equine experts that the vast majority of the herd was in near optimum body condition at the time of the seizure—neither over nor under ideal weight. Are you a licensed large animal veterinarian? Are you familiar with the Henneke system? Do you understand that, much like humans, thin is preferable to fat?

Second, you protected them? By sending them to slaughter?

What exactly did you protect them from... life? How many more Turn 3 horses will be traced to a grisly end before you admit that seizing them and selling them at auction was the wrong thing to do?

Not over; not even close.

2008-05-04T15:27:00.002-04:00

Check out the comments on this article by clicking the title link.

Lawyers say horse fight not over
Posted by By Steven Hepker
Jackson Citizen Patriot | Top Stories
May 02, 2008 23:30PM

Attorneys for two horsemen vindicated of felony torture say they will win the remaining misdemeanor animal cruelty case and Jackson County will pay for the horses it seized.

Circuit Judge Chad Schmucker on Wednesday dismissed felony counts against farm owner James Henderson and herd manager Matt Mercier, saying there was no evidence the men intended to harm their horses.

"This is a case that never should have been brought in the first place," Henderson's attorney, Michael Dungan, said. "If Animal Control had only listened to their own veterinarian, and their own first choice horse rescue team, this case never would have been started."

Prosecutors maintain a history of neglect and poor conditions led to torture. They are still considering appealing Schmucker's ruling.

"If we do appeal, it will be in the next 10 days," Chief Assistant Prosecutor Mark Blumer said.

Animal Control investigated Turn 3 Ranch, east of Grass Lake, in March 2007 and took control of the farm and 69 horses. After the foaling season, the county eventually was responsible for maintaining more than 80 horses.

Nearly all were sold at auctions last fall, most at low prices reflecting the depressed horse market. Two barrel-racing stallions sold for $10,000 each.

The county's expense, not including prosecution, exceeds $133,000. The county sold the horses for about $50,000.

The tab could climb considerably if Circuit Judge Thomas Wilson rules the forfeiture was improper, or if Henderson and Mercier win in a threatened civil suit. Wilson will hear a motion May 16 to overturn the forfeiture ordered by District Judge Joseph Filip last summer.

Attorney Richard Ginsberg, who represents Henderson in the civil matter, will ask Wilson to toss the forfeiture ruling and order the county to make financial amends. Ginsberg could not be reached for comment.

Making Henderson whole again, in legal terms, could require replacing 83 horses, covering lost stud fees and other lost income.

The misdemeanor abuse case, separate from the civil forfeiture issue, is scheduled to go to trial June 16. The felony charges referred to three horses, while the cruelty case covers the other 66 horses on the farm in March 2007.

Ronald Fabian, attorney for Mercier, said Mercier will not take a plea in the misdemeanor case nor will Henderson.

"Jim would lose his job," Fabian said.

Henderson is a veteran probation officer for Ann Arbor, specializing in supervising defendants convicted of domestic violence.

Testimony in District and Circuit courts indicated Henderson was an absentee owner and that Mercier ran the farm. Testimony also has shown the farm was in disrepair, although a veterinarian testified before Schmucker that debris was mostly outside the horse pens and that Mercier followed his treatment recommendations.

The farm community has been uneasy about the action, fearing a foot in the door for further seizures of livestock deemed to be neglected, abused or tortured. Farmers fear animal welfare officers that confuse farm animals with household pets.

"Congratulations Jim and Matt," the road sign at the Napoleon Cafe declared this week after Schmucker's ruling.

"That is how the community looks at this case," Fabian said. "There was all kinds of testimony that these guys were regular farmers and that Animal Control's own veterinarian, Dr. Shray, said the horses were in good condition."

Testimony from various witnesses indicated Mercier and Henderson were not practicing the best of animal husbandry, and that some horses were undernourished and in need of veterinary care. Horses broke down fences and ran in the roads numerous times.

James Spink, a police officer, farmer and president of the Jackson County Farm Bureau, delivered donated hay to Turn 3 in the first two days it was seized.

"There were some issues with the condition of the facilities, and with enough feed on hand for that time of winter," Spink said. "But it wasn't felony torture. I think the judge ruled appropriately."

The Jackson County Sheriff's Office recently took over Animal Control, and there has been speculation that some Animal Control staff and the lead prosecutor on the Grass Lake case may have been forced out.

Undersheriff Thomas Finco said Friday no one was fired over the horse case, and that changes recently instituted were at the animal shelter and had nothing to do with horses.

"When we get cruelty to animal complaints, we are going to investigate them," Finco said.

As for the lead prosecutor, Assistant Prosecutor Jennifer Lamp was hired as an assistant prosecutor in Ingham County. She said at the time it was a career move.

"No one asked her to leave," Blumer said.

Regardless of the criminal and civil outcome, the way Animal Control conducts business may change.

Spink said the farm community will not tolerate animal abuse or torture, but also will fight further attempts to seize livestock or to equate farm animals with household pets.

Jackson attorney Alfred Brandt, who has handled several animal cruelty cases involving farmers, said he recommends that farmers facing an Animal Control investigation should contact the Michigan Department of Agriculture for an independent investigation.

That move helped him defend a Leoni Township farmer who was accused of keeping sloppy pig pens and not properly burying dead piglets. A judge tossed the case.

"Always call the Department of Ag," Brandt said. Early in the Grass Lake case, Animal Control called state veterinarians who said the horses' body conditions ranged from poor to moderate. They also said trash and debris posed safety risks to the horses.

Spink said the Jackson County Farm Bureau is working with local legislators to pass a bill that would require animal welfare officers to seek search warrants based on probable cause.

"Now, they can walk in your house or barn on a hunch," Spink said. "They have more search powers than law officers. This case snowballed out of hand, and Animal Control did not have a grip."

We're not going anywhere, Jackson County.

We want justice for the defendants, justice for Summer and all the other horses sent to death by your own doing, and to any other unknown ends, like to the so-called "rescue" that was begging online for hay it couldn't afford for the weanlings it purchased at Napoleon.

I'm sorry, Summer.

2008-05-02T15:07:00.010-04:00

I'm sorry that someone decided you needed to be 'rescued' because your home was muddy and messy — like most older multi-purpose farms during a damp March in Michigan — and that you and your friends were seized by Jackson County Animal Control.

Summer (far right, nearest camera) at the time of the farm seizure in March 2007

I'm sorry that someone saw fit to tell the world that you were neglected, without food or water, for months. I'm sorry that the media reported such blatant lies, and your owners were labeled 'abusers' long before any trials took place.

Summer (middle) just two weeks after farm seizure

I'm sorry you and your friends were not given the minimum standards of basic horse care, such as routine deworming and hoof care, even though your caretakers claim it cost them over $134,000 to take care of you during those first months.

the neglected hooves of a luckier horse, immediately after the auction;
this young mare was dewormed and rehabilitated

I'm sorry that Judge Filip decided that Jackson County would be a better owner for you and your friends, when your rightful owners could not fork over $134,000 in a week's time. You understand, I hope, that there was no conviction of neglect — the judge didn't say that your owners could not have you back, just that they had to pay the money if they wanted to see you again. Like a ransom.

treated as a number ... and clearly NOT starved for six months,
as evidenced by the 'crease' of fat padding along the spine

I'm sorry you were taken to a dark auction barn full of strange smells and loud noises.

I'm sorry JCAC decided to sell your unweaned colt separately from you, and that he was suddenly taken from your side. I'm sure he called for you as loudly and frantically as you called for him in the hours after the auction gavel fell. I was there, shocked and in disbelief, as the auctioneer called out the order to sell the two of you separately — horrified when I heard the numbers of the winning bidders were not the same.

where is he now? wish I could tell you he's safe ... but ...

I'm sorry that your rightful owners were not even allowed to bid on you to buy you back. Even their friends were forced to sign a document stating that they would not let your owners have you back, even though they had NOT been found guilty of ANY CRIME. Instead, they had to sit on their hands and watch as strangers and known meat or "kill" buyers bid on you and your friends, and your foals.

I'm sorry that you, Rugged Red Bug, a beautiful sorrel broodmare with an impressive pedigree, ended up in the ownership of a person who takes horses to slaughterhouses in Canada for a living. I don't blame that man — he was just doing his job. Slaughter is legal, and it is going to exist as long as there is a surplus of American horses.

But when a government takes animals from its citizens claiming they were being tortured, subjects them to half a year of verifiable neglect, and then sells them for as little as $100 a head to anyone with cash including the meat man, I believe I have every right to speak out against the actions of that government.

saying goodbye ... who knew it would be for the last time

I'm sorry that everything I tried to do to help show the world what was really going on in Jackson County was ignored — and continues to be ignored — by the majority of the media outlets that could have prevented your untimely death.

I'm sorry, Summer.
May you gallop free in green fields forever.

JCAC, that's blood on your hands.

2008-05-02T13:15:00.007-04:00

The felony charges have been dismissed, and now the defendants only face one misdemeanor charge for neglect.

Right now, friends of the accused — along with many opponents of the misguided seizure in general — are staging a media campaign to remind the public that these charges that the media continues to distort with misinformation and biased sources are without merit, and not only that ...

There is eye witness evidence that Turn 3 horses —
forfeited to Jackson County and subsequently sold at auction —
were sent to Canada for slaughter.

The mare who had not yet weaned the foal still nursing off of her at the second auction — whose foal was ripped away as it was sold to a different bidder as her frantic screams filled the sale barn — that mare, is dead.

This mare slaughtered, after her unweaned foal was taken from her,
as a direct result of the deplorable actions of JCAC.

The person who bought her from the auction, under the condition that we keep his identity unknown, has agreed to speak with the media and confirm that this mare was killed.

As if it wasn't bad enough, that while under the "care" of JCAC:

horses were subjected to extremely heavy parasite loads, including verified infestations of at least three different types of intestinal worm — indicating little if anything was done to manage parasites in the six months that JCAC managed the herd
horses were not given basic, routine farrier care, including regular hoof trims to keep them from becoming sore, crippled and lame — witnesses report visibly lame horses sold at the MSU auction
smaller herds were combined into large groups which allegedly resulted in the injuries leading to the euthanasia of a young horse not long after the seizure, and also contributed to the unintended pregnancies of many mares and fillies that should not have been bred at their young age, producing foals with unknown lineage and adding to the grade horse surplus (another major contribution to the number of horses shipping to slaughter)

How many more things do we have to prove?

There are still media outlets such as WLNS (Channel 6 in Lansing, Michigan) who report on this story as if it is an outrage that the felony charges were dropped ... as if none of the misinformation that they continue to tout as NEWS was proven false in pre-trial testimony ... as if this evidence does not exist?

They may never see the light — who knows who is getting paid to continue disseminating lies — BUT WITH YOUR HELP we can spread the facts to other news outlets who will listen and respond with responsible, factual reporting on the truth of this case.

Emails are nice, but neatly handwritten letters mailed with a stamp get the best results. Phone calls direct to staff reporters are also very helpful.

It's too late for this mare, sold by JCAC to a "kill" buyer —
once a valuable asset to a champion breeding program.

We can not help this dead mare, or the injured horse put down at MSU.

We can not give the remaining horses back to their rightful owners.

But with your help, we can try to keep this from happening again.

Supporters: please post names and mailing addresses of media contacts in the community that may help, as a reply in the comments. Phone numbers are helpful, as are emails, but real stamped correspondence is best.

Dismissed: no evidence of torture

2008-05-01T09:45:00.005-04:00

Big headline in the Cit Pat today:

Torture case tossed
Posted by Kristin Longley and Danielle Quisenberry
Jackson Citizen Patriot
May 01, 2008 09:28AM
There is no evidence the owner or manager of a Grass Lake Township farm intended to harm three horses they were accused of torturing, a judge decided Wednesday.
Circuit Judge Chad Schmucker issued a written opinion dismissing the three felony torture charges against owner James Henderson Jr. and manager Matthew Mercier, saying the felony case never should have made it to Circuit Court. It has been nearly a year since torture charges were filed.
"At a minimum, there is disputed evidence of neglect, but there is simply no evidence that these defendants intended to harm any of these three animals," Schmucker wrote.
Henderson and Mercier still face one misdemeanor count of neglecting the 66 horses kept with the three horses. The case will next come before the court May 30.
Jackson County Animal Control seized all 69 horses in March 2007, pointing to unsafe and unsanitary farm conditions. After foaling season, the herd grew to more than 80.
District Judge Joseph Filip in July ordered the horses forfeited to the county after an eight-day hearing in conjunction with a preliminary examination.
A few animals were adopted, one was euthanized and the rest were sold last fall.
Chief Assistant Prosecutor Mark Blumer said Wednesday's ruling has no effect on the earlier forfeiture decision.
"Legally, it is a 100-percent separate issue," he said.
Mercier and Henderson have said they will pursue a civil suit to recoup their property losses.
Mercier said he was "absolutely elated" that the felony charges were dropped, but said the case was a waste of resources. The preliminary exam involved 1,963 pages of transcript and 33 witnesses.
"I cannot speak how thankful I am how this judge looked at it from a reasonable viewpoint," Mercier said. "All this time and money were wasted on getting the felony charges. I would be absolutely outraged as a taxpayer."
Blumer said the prosecutor's office is reviewing its options and might appeal the Wednesday decision.
"The real issue here is, how do you define torture in these animal cases?" he said. "We respectfully disagree with the judge."
Prosecutors alleged that poor conditions Henderson and Mercier created at the farm caused the three horses to suffer. They said this amounted to torture, which, as defined by state law, is committed by someone "who woefully, maliciously, and without just cause or excuse, tortures an animal."
Blumer said his office stands by its decision to file the felony charges. "We charged what we thought was appropriate based on the circumstances," he said.
Defense attorneys said Filip was wrong in finding there was probable cause to justify the torture charges because Henderson and Mercier never deliberately hurt the animals, and Schmucker's opinion supports that view.
"Even assuming both defendants were on the farm, their mere negligent acts are not enough," Schmucker wrote. "They may have simply been below-average farmers making unintentional mistakes, which is what it appears the District Court concluded.

"I find that because 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, that the District Court erred in finding probable cause."

Truly bittersweet news.

Felony torture charges DROPPED, but the owners can't have horses back because the county sold them last year — some reportedly went for meat.

Makes that anger I remember so very well from last fall just simmer right up into my throat again.

I can find a dozen farms with bad fence, manure, mud, wire, twine, rusty nails, broken glass, falling down sheds and then some, within a couple miles from my house. But I bet no one cares about those, because they are FARMS — and that's what many old family farms look like.

Unless, of course, there happens to be a $10K stud or two on the farm ... and hundreds of thousands of dollars worth of racing bred stock ... and a trucks and trailer, saddles, computer, generator ... then, somebody cares all right ... *sigh*

Being born a farmer's daughter and raised in a farming community, sometimes I forget:
Most people have no freaking clue where their beef and pork comes from.
Sure as heck isn't an air-conditioned and heated, sanitized and odor-free facility like they send their pets on vacation to when they take a trip out of town.

Better get out there and clean up all those "messy" farms, ya'll.

Felony charges dismissed!

2008-04-30T22:12:00.004-04:00

This is the latest from the case that has been dragged out for more than a year.

Felony Charges of Animal Torture Dismissed
Posted by: Matt Mercier
Date/Time: Apr 30, 08 - 2:09 PM

3 Counts of Felony Animal Torture were dismissed by Judge Schmucker today.
He ruled that the definition of torture did not apply at all in this case.

There is still one misdemeanor animal neglect charge left open at this time. Will keep readers up to date as news breaks.

No news on whether or not anyone from Animal Control will stand trial for neglect ... although the evidence has been stacking up against them for nearly a year as well.

Additional information from the JCP site:

Torture charges dismissed in horse case
Posted by Kristin Longley
Jackson Citizen Patriot
April 30, 2008 17:14 PM

There is no evidence the owner or manager of a Grass Lake Township farm intended to harm the three horses they are charged with torturing, a judge said today.

In a written opinion, Circuit Judge Chad Schmucker dismissed the three felony torture charges against owner James Henderson Jr. and manager Matthew Mercier.

The men still face one misdemeanor count of neglecting a herd of 66 horses.

And the county faces a lot of people that are angry about these horses being seized from the owners, kept on the "messy" farm that was allegedly so dangerous, and sold to anyone with $100 and a horse trailer bound for anywhere, including the slaughter facilities in Canada and Mexico.

Follow-up to "atrocity" letter

2008-04-29T12:00:00.002-04:00

The Brooklyn Exponent saw fit to print a rebuttal:

Facts distorted in horse case

Dear editor,

I felt compelled to write a response to the letter by Pam Jarvis that was printed in the April 22, 2008, Brooklyn Exponent.

I became involved in this case on April 10, 2007 while donating hay -- and her facts are grossly distorted. This has dragged on for over a year and it is well overdue for trial. Jackson County bungled this case from the beginning. Many of the "facts" she brings up have already been voluntarily recanted by Jackson County Prosecutors and Animal Control.

What they told Pam is what they were telling the press. Anything to get they public's sympathy, support and donations. Now that the old prosecuting attorney has been "relocated" and a senior attorney has taken it on, he is trying his best to ascertain damage control.

Judge Schmucker is currently considering dropping all felony charges. (note: charges were indeed dismissed on 4/30) Is it really justification for taking everything these two men had over a possible pending misdemeanor charge?

One has to personally own and raise livestock to understand the situation. Is Pam a livestock owner?

Syringes are used to vaccinate livestock -- I'd be more concerned if I didn't find any on a farm of that size.

A dead horse cannot be buried in winter (frozen ground) -- a rendering truck had already been called and the carcass was moved to the driveway for pick up.

Hay, grain and water were on the premises.

Two elderly horses and one sick one were very thin. That happens with the old and sick -- and they were already separated and being fed extra before AC came in.

The hip problem with one horse occurred after AC took over -- horse was trampled by the others when AC was only feeding one round bale to a herd of 40 plus horses and they were fighting over it.

The horse with wire embedded had an appointment with the vet on March 17th that Mr. Mercier had to cancel because JCAC would not let him "remove" the horse for care, then they took 3 more weeks to get him in to a vet after the county seizure.

A 5 x 7 foot stall never existed on the premises.

Animal Control and Leelanau brought in some of the items that were donated, the money and many donated items "disappeared".

Incidentally, after numerous requests in writing to Leelanau Horse Rescue, a 501(c)3 non-profit organization, I was never given a receipt for my large donation. I'd love to see a list of donations, because my name and what I gave is nowhere on it.

Animal Control did not give a 10, 15 or 30 day notice to make improvements to their specifications.

Stalking charges? What a joke, all were laughed out of court for lack of justification to begin with. No assault ever took place and there were never any charges filed for such. What a waste of taxpayer dollars.

And what of the infamous "black chopper" that Officer Wheaton stated under oath that these two men were flying and was hovering over the farm in Grass Lake? One of many ridiculous accusations under sworn testimony that was sheepishly recanted by JCAC.

A short visit to www.GLHorsetruth.com would clear up all these misconceptions. All the trial transcripts are there, along with pictures that JCAC took immediately after the seizure of overweight horses with recently trimmed or shod feet.

Did you see any of the pictures taken at the auctions? Let's talk about atrocious.

I bought a Turn 3 horse at the September auction in Napoleon. It only took me 3 weeks to de-worm and put weight on his skinny frame. His spine, ribs and hip bones were prominent and his feet hadn't been done at all in the 6 months they had him. I have 'before' and 'after' pictures. This horse did not look this bad in April, 2007. How could I do in 3 weeks what the "experts" couldn't even maintain in six months?

Animal Control is not knowledgeable enough about livestock to attempt to maintain a herd of this size. They bit off way more than they could chew and they did these horses a grave injustice. They were in worse shape at the auctions than they were at seizure. Small wonder they were in such a rush to auction them off before winter set in. If they were unable to keep weight on or properly maintain these horses over the easy summer months, imagine how many dead horses in the driveway we would have seen this spring.

Thus far, these men have not been convicted of anything. Not even a misdemeanor charge.

It "saddens and frightens me" that if I have one sick animal out of 20, that the government can storm in, seize my personal property (trucks, trailers, saddles, computers, clothing, tools, etc) along with the remainder of my livestock and sell it all before I'd have my day in court.

If Pam believes everything she reads in the papers and was told by JCAC, maybe there's a bridge in Brooklyn she'd be interested in buying.

Kathy Brown, Brooklyn

Way to go, K.B.! Amazing how the witness testimony of people who were actually there differs from the testimony of those who were apparently told what to say by the prosecution, hmmm?

Oh, wow.

2008-04-23T12:59:00.004-04:00

Out of the blue, we have a new opinion column to share.

New to this blog? Please, before you assume for one moment that the following letter is truthful and accurate; before thinking to yourself, "How awful for those horses, lock these men up" ... might I suggest you read the long and incredible history of this alleged "torture" case ... you'll find blog entries dating back to last spring on the right side of this page. Thank you. Now kindly proceed ...

Brooklyn Exponent
http://www.theexponent.com/
The Exponent - Brooklyn Michigan Local Newspaper

Letters to the Editor
Tuesday, April 22, 2008
Our readers voice their opinions

Horse farm atrocity

Dear editor,

To whom it may concern -- that would be any volunteer, police officer, or animal control personnel that was involved with the horse farm atrocities at the Turn 3 Ranch in Grass Lake. It seems from the article recently published in the Citizen Patriot that your efforts were for nothing. There is now discrepancy in the actual definition of cruelty and torture, not to mention the fact that one judge has said that another judge doesn't seem to know the difference.

The court case is to be sped up because it is an older case, yet the fact remains that James Henderson and Matthew Mercier are responsible for this in the first place. They had opportunity before seizure to make things right. However, they choose to walk away from this, and thus we have an old case tying up the courts, and money spent on the horses that all could have been avoided had animal control [officers] not seen a dead horse in the driveway of the ranch. If Henderson as the owner, and Mercier as the manager had been doing the responsible thing, there would have been no dead horse, no starving animals, and no court case. There is now a judge who will decide if it is, in fact, a solid case based on misinformation, partial truths supplied by the defendants, a new prosecuting attorney and a time factor.

It would be interesting to see what the defense attorney Fabian (CitPat-is this a first or last name? Stage name or what?) would say if he were able to see before and after pictures of the farm, before stating that the farm was left a mess. It was an old burned out house with a ramshackle barn, an empty in-ground pool full of debris, and heaps of refuse. Animal control [officers] went through the property to remove any hazards, such as discarded syringes used for who knows what purposes, boards, nails, old wire, garbage and other debris. One such wire is what endangered the quality of life on one of the horses in question. A section of rusted wire was surgically removed from the horse, and she is now rendered lame, never to bear the weight of a person. Animal control and the Leelanau Rescue brought in gates, fence and materials to build shelters for the several horses that were left exposed to the elements. Not to mention the fact that they also brought food, medicine, water, hay and safety to these same horses. Which it was proven that previously to the intervention, the had none of.

Through donations and volunteers, these horses were brought back to a healthy state of being. It saddens and frightens me to think that a judge who portrays such a lack of professional ethics, is going to decide whether or not two men who have also shown a lack of ethics, their fate. Judge Schmucker is a felony judge, so maybe the fact that someone wasn't shot, or stabbed makes a difference to him. Too bad horses can't talk about how it feels to go months without food, or limp around for months with a broken hip, or infected wire wrapped around your ankle. Or maybe what its like to live in a 7 foot by 5 foot stall that has been nailed shut and stand in your own feces for over a year, be covered in lice, filled with worms to the point that they crawl out of your rear end. If that could happen, maybe he would think of these as "crimes" instead of time consuming paperwork. This same judge, doesn't seem to see the problem of besmirching a fellow judge and basically calling him incompetent. The total lack of respect shown a colleague, and all of the other professionals that were called upon to testify, these being professional veterinarians from Michigan State University and local veterinary professionals, shows me that he thinks an awful lot of himself. As witness to the day that the Michigan State vet testified, Judge Filip brought out the Webster's dictionary and read the definition of cruelty and torture to her. She testified that yes, that is what the horses had suffered. It is my hope that Judge Schmucker will read these testimonies while not wearing his omnipotent glasses. The complete disregard of the court system shown by Mr. Mercier and Mr. Henderson shows me that the efforts to save the horses may have amounted to nothing more than an act of kindness.

The Citizen Patriot stated that Mr. Henderson is a Probation Officer in Washtenaw County. What relevance does that have? Other than maybe it explains his knowledge of how to manipulate a court hearing, a judge and the system. Is it not important to say what Mr. Mercier does? Not glamorous or impressive? It was documented that Henderson and Mercier threatened, stalked and harassed several people during the investigation and assaulted an officer.

Judge Schmucker, are you reading this?

Pam Jarvis, Brooklyn

Okay. You guys know best. Start commenting.

I'll add my inline comments later ... I'm stuck in a rare moment of wordless shock at Ms. Jarvis' unfounded allegations, ridiculous statements, outright ignorance and condescending attitude toward the judicial process that protects us all from wrongful conviction.

Alright, nearly wordless shock. ;)

XP

Squidoo lens getting attention

2008-03-30T14:45:00.004-04:00

The page built by All Horses on Squidoo that relates to the Turn 3 case is getting
a lot of traffic.

It is currently ranked #5,494 out of over 400,000 lenses.

Visit the lens at http://www.squidoo.com/turn3vsjcac and leave your comments.

Be sure to see the "before" slideshow near the middle of the page ... the general public should be able to discern that these are NOT starving horses.

Visits, comments, adding the page to your favorites, printing the page, rating the page, and emailing the page to friends, all increase the "LENSRANK" and will bring the story to more people. Take a moment to share it—enough traffic could result in national coverage. If anyone can prove that even one of these "rescued" horses subsequently went to slaughter in Canada or Mexico, it would mean a great deal to the case against uneducated animal control officers seizing and selling healthy animals, and calling it a rescue.

We are, most of us, Michigan farmers at heart, and with a sad but realistic view of the cruel winter that just passed us, hay and feed prices skyrocketing, and auction prices at incredible lows ... we KNOW that many, many horses went to slaughter over the past few months.

Proving that JCAC was personally responsible for taking horses out of a home that was proven by court testimony to be providing adequate care to these horses, and selling them at auction to dealers, known "kill" buyers, and others such as ***** ***** Horse Rescue (whose web site BEGS for hay and basic daily necessities) was an irresponsible thing to do, and a dangerous precedent to be set for our government leaders to follow in future 'neglect' cases.

(Visit www.AllHorses.us to make a lens about your horse-related passion.)

Sound off on the debate.

2008-03-05T13:29:00.002-05:00

There is now a Squidoo lens about the case.

It has been close to a year since the saga began.

Has you perception of any of the parties involved changed?

You know, "county" means "taxpayers"

2008-02-06T09:26:00.000-05:00

Jackson County residents should be outraged. Did I mention that already?

County Pays Big for Horse Care
Feb 6, 2008
Associated Press

Jackson County authorities say they spent about $130,000 tending to dozens of horses seized in an animal cruelty investigation.

Animal control officials in March confiscated the herd from the Turn-3 Ranch in Grass Lake Township.

Authorities say conditions were filthy and dangerous.

About 15 foals were born afterward.

Farm owner James Henderson Jr. and manager Matthew Mercier are charged with torturing three horses. Defense lawyers say the facts don't support torture charges.

Authorities euthanized one injured horse and sold or gave away about 80 that remained.

Conditions were SO filthy and SO dangerous, that they continued to keep the horses there on site all spring, summer and fall ...

Money spent on wages, not horses

2008-02-05T21:52:00.000-05:00

More great news for Jackson County residents.

Jackson County horse care bill: $133,031
Posted by Press News Service
February 05, 2008 17:00PM

JACKSON -- Jackson County Animal Control spent $133,031 caring for dozens of horses in a high-profile case involving alleged neglect in Grass Lake Township, according to a financial report.

The amount is about $1,500 less than a judge estimated in July for seven months of food, supplies, medical care and wages.

Some of the expenses were offset by auctioning off most of the horses. The last of the 80-plus herd were sold or adopted out in November, amassing less than $50,000 for the county.

In December, the county Board of Commissioners had to transfer more than $104,000 from the contingency fund to cover the costs of caring for the horses.

Acting county Administrator Randy Treacher has said donations initially poured in, but trailed off as the case plodded along.

Animal Control seized horses from the Turn-3 Ranch in March, impounding the herd on a court order based on allegations of abuse. The owner and manager of the farm, James Henderson Jr. and Matthew Mercier, are charged with felony animal torture relating to three of the horses and misdemeanor charges of inadequate care for the balance of the original herd.

Animal Control Director Kimberlee Luce presented the updated financial report to the County Agencies Committee on Monday, saying she hopes Animal Control doesn't have to handle an issue of this magnitude again. The costs cover late March through early November.

Treacher said many of the horses required specialized feed programs, but critics say the horses had just weathered a harsh winter outside and never should have been seized in the first place.

Anyone who said these horses were in fine shape doesn't really know what went on out there,'' Treacher said.

Defense attorneys say the prosecution is stretching the meaning of torture beyond the common definition.

Luce didn't comment on the criminal case, which is ongoing in Circuit Court.

Information on the expenses of Leelanau Horse Rescue, which was involved in caring for the horses, was not immediately available Monday.

What happened to all of the donated hay, feed, halters, supplies, and cash?

There is plenty of evidence that Jackson County did not provide proper nutrition, did not provide proper hoof care, did not provide adequate deworming, and allowed studs to breed mares and young fillies under their watch.

There are many reports that horses, selling for as little as $100 a head, went to known "meat pen" buyers.

There were several reports of abuse of the horses, by JCAC employees and volunteers, at the MSU Pavilion on the weekend of the final auction.

We're still watching.

Trial still a distant speck on the horizon

2008-01-21T09:23:00.000-05:00

No speedy trial for the STILL innocent until proven otherwise:

Michigan Horse Cruelty Case Stretches to Autumn 2008
by: Pat Raia
January 21 2008

Two Michigan men accused of animal cruelty and torture in a highly publicized equine welfare case are slated to appear in Jackson County Circuit Court on Sept. 30, 2008, according to a spokesperson for the Jackson County 12th District Court Criminal Division clerk's office.

The new court date will come about a year and a half after Jackson County animal control authorities seized 69 horses in March 2007 from Turn-3 Ranch in Grass Lake, Mich. It also will be more than a year after a district judge's July 2007 ruling that evidence was sufficient to charge Turn-3 Ranch manager Matthew Mercier and horse owner James Henderson with three counts of felony animal torture apiece, as well as charges of misdemeanor animal cruelty.

This postponement is the last twist in the case that was slated to go to trial on Jan. 7, according to reports published in The Jackson Citizen Patriot. Instead, Circuit Judge Chad Schmucker presided over a two-day hearing to determine whether or not he would allow witness testimony alleging that poor fencing around the Turn-3 property allowed horses to escape from the property repeatedly, roaming neighboring fields and nearby roadways.

During that hearing, Jackson County prosecutors argued that poor conditions around the property were indicative of a "state of mind" that eventually resulted in neglect and torture, according to the Citizen Patriot report.

However, Schmucker ruled not to allow testimony regarding the horses' alleged habitual escapes, but he pondered testimony from a veterinarian regarding other aspects of the horses' care.

A total of 69 horses, including Quarter Horses, Paints, and Thoroughbreds, were seized by Jackson County authorities from Turn-3 Ranch after investigators and veterinarians responding to a complaint said the horses were in poor body condition or emaciated, had no access to grain or water, and that conditions around the farm were in dangerous disrepair.

If convicted, Mercier and Henderson each face up to four years in prison on the felony animal torture charges and one year in prison on animal neglect charges, according to Mark Blumer, chief assistant prosecutor for Jackson County.

While the legal proceedings continue, Randy Treacher, acting administrator for Jackson County has been tallying the cost of the rescue. He said the rescue and its aftermath cost Jackson County $105,000 from mid-March 2007, when the seizure took place, through Dec. 4, 2007, when all the horses had been removed from the Turn-3 Ranch property. The figures do not include the cost of prosecuting the case, Treacher said.

"These figures represent personnel, overtime, feed, medical bills, electric wire, and the costs of building and repairing stalls," said Treacher.

And because Mercier and Henderson leased the property on which Turn-3 Ranch resided, Treacher said the county paid the property's owner $150 monthly until county personnel and horses were no longer present there.

In all, Jackson County paid for the maintenance of 81 horses--66 horses that remained in officials' care after the seizure and 15 foals born to mares pregnant at the time of the seizure.

According to Treacher, two of the horses were adopted out, one was euthanatized, and the rest sold during a trio of auctions, bringing in $43,000.

Source: theHorse.com

Sorry I haven't been updating much ... there hasn't been much to update you with.

Abuse of power, waste of money.

2007-12-10T09:40:00.000-05:00

Associated Press still has some facts wrong, but they are getting people to take another look.

Animal abuse case hits Jackson County's budget

Associated Press
Published December 10, 2007

JACKSON, Mich. - Jackson County is taking a budget hit after tending to more than 80 horses seized last spring in an animal cruelty investigation.

As of Nov. 30, overtime wages for county animal control employees had come to nearly 400 percent of the amount budgeted for 2007, officials said. Food and medical expenses also were inflated.

County commissioners on Tuesday were to consider transferring $84,100 for wages and $20,000 for food from its contingency fund to cover the expenses.

"All of it is related to those horses," acting county Administrator Randy Treacher told the Jackson Citizen Patriot. "Horses eat a lot."

Animal control officials in March swarmed the Turn-3 Ranch, a horse farm in Grass Lake Township about 65 miles west of Detroit. They found 69 horses - including quarterhorses and thoroughbreds - standing amid piles of trash, rusted auto parts and animal feces. Several of the horses were visibly malnourished.

The owner of the farm, James Henderson Jr. and Matthew Mercier, who managed the horses, are charged with felony animal torture relating to three of the horses.

One of the horses was euthanized for a hip injury after the seizure, and more than half of the horses were late found to be pregnant. About 15 foals were born after the raid.

A few horses were adopted out, but most were sold at auctions that raised less than $50,000 for the county, Treacher said.

Donations for the horses poured in at first, but trailed off as the case continued.

The county budgeted nearly $400,000 for its contingency fund, which covers unplanned expenses, county finance officer Gerard Cyrocki said.

Henderson and Mercier have denied that the horses were harmed.

Copyright 2007 Lansing State Journal

News flash: horses EAT and POOP without constant supervision. Really!

2007-12-08T09:30:00.000-05:00

I hope the recent coverage condemning Jackson County is a direct result of the protest that many who oppose the seizure took part in. The general public heard nothing about this case for so long, it made it easy for them to think that everything turned out hearts and rainbows.

Jackson County animal control overtime pay 400 percent over budget after horses seized

Posted by Kristin Longley
Jackson Citizen Patriot
December 07, 2007

Jackson County officials will have to make major budget adjustments this month to reflect the costs of caring for a herd of more than 80 seized horses.

As of Nov. 30, overtime wages for county animal control employees were nearly 400 percent of the allotted amount for 2007, according to a budget report. Food and medical expenses also were inflated.

"All of it is related to those horses," acting county Administrator Randy Treacher said.

Animal Control seized a Grass Lake Township horse farm last winter, impounding the herd based on allegations of abuse. The owner and manager of the farm, James Henderson Jr. and Matthew Mercier, are charged with felony animal torture relating to three of the horses.

Another compelling article.

2007-12-01T21:16:00.000-05:00

MFN: Lives in the Balance

2007-11-17T09:27:00.000-05:00

Excellent article in the Michigan Farm News.

Lives in the balance

November 15, 2007
By Paul W. Jackson

Horses like these would be of no concern to animal rights extremists, right? Maybe. Maybe not, according to a number of Farm Bureau members who are concerned that any well-meaning but uninformed perception of bad care - including sparse springtime pasture - could lead to a visit from county animal control officers.

Tom Zenz was driving past his own property a half-mile from his house last spring when he saw a sheriff's car pull onto the shoulder.

"I thought he was going to cite me for speeding," said the Jackson County Farm Bureau president. "I pulled up to him to see what was going on, and he told me he had driven by once, and there was a horse lying on its side in the pasture. When he came back, it hadn't moved.

"He told me he thought something must be wrong with it," Zenz said. "So I hollered at the horse - Jake - and Jake stood up. The deputy said 'well, that's good. I didn't know what I would have done next.' Then he drove on. But I know what he would have done next if Jake hadn't gotten up or if I hadn't come by," he said. "He would have called animal control."

The mere mention of Jackson County Animal Control in the days following the county's March seizure of 69 horses amid charges of animal neglect, cruelty and torture near Grass Lake was enough to make farmers such as Zenz walk on egg shells. But now, more than six months after the seizure and about two months before the criminal trial for horse owners Matt Mercier and James Henderson, the eggshells are in pieces as local farmers seek to change what some of them view as trampled rights and a dangerous precedent that could lead to animal rights extremists dictating animal husbandry to farmers.

What is still muddled - and won't be clear until a verdict is reached in the Jan. 7 criminal trial - is whether Mercier and Henderson were cruel or negligent or merely in business over their heads, as Jackson County District Judge Joseph Filip wrote in his ruling in the preliminary examination and forfeiture hearing which resulted in seizure - and auction sale - of nearly all the horses, months before the two men were to go on trial.

"I want to make it clear," Filip said, "that I certainly don't find that Mr. Henderson and Mr. Mercier are bad people. I don't think they did any of this on purpose."

Zenz, however, takes that opinion one step further. He said the two men were guilty of nothing more than poor housekeeping.

"They may have been poor caretakers, but they didn't starve those horses," he said. "I brought over the first load of hay after this all started, and we stacked hay on top of hay, which is a far cry from what the animal control officers said when they told the press that the horses hadn't been fed all winter. I'll admit the two men are not good farm managers, but I can drive in a five-mile radius of that farm and show you horses that are in worse shape than those animals were."

Before anyone jumps to the conclusion that there are undernourished horses all around Jackson County amid debris and poor fencing, Zenz's point is that people who know little to nothing about livestock shouldn't go around condemning what farmers do. He's watched as extremist groups such as the Humane Society of the United States and People for the Ethical Treatment of Animals spent millions of dollars to push their anti-farming agenda in other states with little fact and bountiful emotion. And, he said, he would have been content to watch the Jackson County hearing on forfeiture proceed if not for his familiarity with the property - he leased it from the absentee owners many years ago - and his firm conviction that witch hunts drown a lot of innocent people before a real witch surfaces.

The innocence or guilt of Mercier and Henderson will ultimately be in the hands of a jury, although Zenz insists that biased press coverage - including an article in Michigan Farm News - has tainted the potential jury pool against them.

Attacks on the press aside, the uproar over the seizure - fueled by trial transcripts and other items posted on GLhorsetruth.com - is far from objective and at times borders on hysteria. People involved have reported death threats, threats to set their barns and houses ablaze and rumors that have no basis in fact.

Facts - and there certainly are some in this case - are hard to uncover these days because opinions tend to wrap them in shrouds of emotion. Perhaps it's enough simply to say that for every person like Zenz who is convinced that the two men are innocent, there is another who is convinced that Jackson County Animal control did the right thing for the well-being of the horses. Who is ultimately right will be for the court to decide, although the verdict is certain to be controversial.

Wrongs impeding rights

If there is any one person involved with the case who sees both sides of the issue, it may be Jim Spink, a farmer and vice-president of the Jackson County Farm Bureau and a county police officer who saw the horses first-hand and was a major source for the April Michigan Farm News article.

"Those horses were not good at all, and I know that Tom (Zenz) and I disagree on that," Spink said. "I took 20 round bales there myself, and there was no other hay there. The shape of the barns, the manure the horses were standing in, all were a travesty. But the other travesty is what's been done since then. Animal Control is just as guilty of mismanagement in how this was handled as Mercier and Henderson were guilty of mismanaging the herd."

Spink's concerns are the same as Zenz's: that allowing seizure of personal property and dispersal of that property before the accused reach trial is a dangerous precedent that leaves basic rights in shambles.

"In my opinion, Animal Control needed to do something, but they turned it into an extremely large fiasco," Spink said. "They acted too hastily and got the newspapers involved too soon, and tried to turn public opinion by trying the case in the papers before it got to trial. Everything seemed to be based on emotion, and not sound science. Since March, these men have been crucified in the local paper, and the judge (in the preliminary examination and forfeiture hearing) didn't have a clue. But the other issue that most people don't realize is that Animal Control, like the Department of Natural Resources, has powers of search and seizure that I as a police officer don't have. They can conduct a search without a search warrant based only on receiving a complaint."

Changing the laws

Disturbed by allegations and rumors that Jackson County Animal Control - which has now sold all the horses seized from the farm except one that was euthanized and 11 that went to the Leelanau County Horse Rescue - sold the animals in worse shape than they were at seizure, Spink and Zenz and other members of the county Farm Bureau passed a resolution that would direct Michigan Farm Bureau lobbyists to work to "change the state operating procedures that govern all (county) animal control departments to mirror the same procedures of state law enforcement ..."

While Jackson County Farm Bureau has a specific beef with a specific county agency, other county Farm Bureau resolutions addressed the same issue in more general terms. Cass County expressed its opposition to the concept of "animal rights," while Clare county asks that Michigan Farm Bureau educate all members about the difference between "their local humane society and the National Humane Society." Missaukee County simply opposes unreasonable restrictions on animal agriculture, and Osceola supports animal husbandry GAAMPs (Generally Accepted Agricultural Management Practices). Montcalm County resolved that county animal control agencies be made aware of GAAMPs; and St. Joseph County resolved that "...Before being steamrolled by this issue, animal agriculture must become more proactive and take leadership of this issue."

All those resolutions were amalgamated into several proposed additions to a single Michigan Farm Bureau policy - Animal Care - which will be debated at the State Annual Meeting, Nov. 27-30 in Grand Rapids.

Present policy states that Farm Bureau members "support a sensible approach to the substantiation of animal abuse accusations," among many other things, but directing a lobbyist to bring common sense into the legislature is a difficult task, to say the least.

But common sense is all farmers seem to want when it comes to animal-handling regulations. And, they know, it's a very tall order to expect restraint when society's vision of horses and how they should look come from watching movies and a televised horse race every now and then that involves animals worth more than many people earn in a lifetime.

Ruined reputation

But a little restraint and common sense is all Matt Mercier asks, and not necessarily for himself, but for the next farmers who are accused.

"Even if I'm acquitted," he said, "my name will forever be attached with torture, which is normally reserved for horrible people who set animals on fire. It will be difficult to rebuild my name, and it may not ever happen. I used to have faith that the justice system would protect people, but I learned the hard way. That's not how it works in Jackson County. I've never said that there was no cause of action for Animal Control to come on the property, but they should have called it an investigation, not a wholesale seizure. I mean, they even stole our saddles."

Seizing saddles and other tack from the property before a conviction or trial on animal abuse or neglect charges is just one of the concerns Spink said he has about the situation.

"Animal Control really dropped the ball on this one," he said. "I don't disagree that some assistance was needed on the farm, but they bit off more than they could chew, and kept these animals confined all summer and fed them hay at great expense when there was available pasture growing on the other side of the drain. And I believe that seizing the tack and saddles was just a money grab."

Debating motives is never a sensible proposition, nor is trying to deal with facts when emotions are smoldering. Somewhere in the middle, Zenz said, is one basic fact, and that is that Mercier and Henderson lost everything they had - assets and reputation - but still haven't been convicted of anything.

That leads to what Zenz believes is another fact: farmers are in danger from an ignorant populous and an overzealous government sticking its nose where it doesn't belong.

"I believe the best farm in Jackson County could be treated this same way," Zenz said. "Every farm has a head of cattle or two with a sore foot or problems calving, and at any time, that animal could take a turn to the wrong direction. If someone were to see that, they would call the farmer inhumane, and Animal Control could seize the property and ruin the farm's reputation. Things that happened in this case could happen to any farmer at any time. We're all backed into a corner here, and anyone who knows animals knows what they do when they're backed into a corner."

Watching, waiting.

2007-11-12T15:45:00.000-05:00

My personal involvement in the case has taken a backseat to more pressing issues, but here is an update with recent Voice of the People letters published in the Jackson Citizen Patriot.

Look at officials' record in protecting animals

Posted by Jackson Citizen Patriot
November 12, 2007 09:30AM
Categories: Voice of the People

BROOKLYN -- I am so proud to live in Jackson County, with allegedly drug-using elected officials, elected officials abusing their offices and, best of all, the useless Humane Society and county animal shelter.

We have dealt with both the Humane Society and animal control on several occasions on severe abuse of horses. One occasion a pregnant mare that we used to own was so skinny and hungry that she ate a loaf of bread. One horse's feet were bad and it was skinny due to plain stupidity. We rescued a sheltie from the Humane Society that was a real joke. The only reason nothing was done about these problems was the headlines weren't big enough for them to bother with.

I do not know the real condition of those horses in Grass Lake, but I know some of the people involved with the so-called protection of these animals. One should look into the way they took care of other people's horses. Taking animals and selling them without a trial is the way that the law works.

I am so proud to live in Jackson, with these useless officials looking out for these poor horses.

-- James A. Paquette

Animal control destroys horse owners' lives

Posted by Jackson Citizen Patriot
November 11, 2007 05:09AM
Categories: Voice of the People

MUNITH -- Jackson County Animal Control is out of control. If Children's Protective Services was run this way, it would be seizing our children and selling them to recoup costs of care before we had been found guilty of any alleged crime. Why is it OK to do this to the horse owners?

It boggles my mind that Jackson Animal Control can destroy people's lives based on allegations. And as a livestock owner, it scares me.

-- Dale Kellenberger

For more, visit the discussion forums at GLHorseTruth.com as it will be updated more often than this blog in coming weeks.

More media coverage coming in.

2007-11-05T11:22:00.000-05:00

Covering both sides is a good thing.

Final set of horses sold

Monday, November 05, 2007
By Danielle Quisenberry
dquisenberry@citpat.com -- 768-4929

EAST LANSING -- As the last of the horses seized from a Grass Lake Township farm awaited auction Sunday, a group adamantly opposed to their seizure hoisted signs nearby.

"There is only one word for this whole thing and it is 'atrocious,''' said Jared Brown of Brooklyn, who stood with about 15 people holding signs scrawled with phrases such as "Jackson County Animal Control is out of control.''

The group, who allege officers have treated the horses poorly since the March seizure, prostested outside the Michigan State University Pavilion.

Inside, 34 horses that had been in the county's care were auctioned at prices ranging from $100 to $10,400. Altogether, the horses -- deemed the most valuable of the original herd of 69 -- netted more than $42,300.

The money will help the county recoup its costs of caring for the horses.

The horses were impounded six months ago based on reports they were malnourished and living in unsafe conditions. Farm manager Matthew Mercier and owner James Henderson each are facing three counts of felony animal torture.

Under the county's control, the herd grew to 84 as mares foaled in the spring and summer. Animal-control officers say the horses' health has improved under their care.

The 50 less valuable horses in the herd were sold at auctions in September and October in Napoleon and Onsted. The September auction garnered nearly $4,000. Total figures from all four auctions were not available Sunday.

Horses sold Sunday included two pedigreed stallions, Sky High Fame and Buggy Full of Money. Each sold for more than $10,000.

Tiany Schuster, a breeder and trainer based near Hattiesburg, Miss., bought Sky High Fame for $10,200, and six other horses. "I think I got some really good deals,'' said Schuster, who was a business associate of Mercier and Henderson.

If she gets the horses' registration papers, they'd "be an even better deal,'' she said.

Animal control Director Kimberlee Luce said the papers are in the process of being reissued from the previous owner to Jackson County. The auctioneer presented the audience with scant information on each horse as it was ridden or walked through a dirt-floor arena.

Schuster and several others said Sunday some of the horses at auction were being misrepresented as their information had been mixed with other horses once owned by Henderson.

Luce said they were going with information given to them by the previous owners. "We've done the best of our ability to match up who is who,'' she said.

Protesters argued the horses were in worse condition when cared for by animal control than when they were taken from the farm.

They held signs with pictures of thin or wormy horses that read "This is NOT what 'six months after rescue' should look like.''

Luce said she would not comment on the protesters. "I just want the horses to find good homes.''

A doctor saw the horses last week and was "impressed,'' Luce said.

County Assistant Prosecutor Jennifer Lamp, who attended the auction, said the horses have "absolutely'' improved since the seizure.

Prostester Melissa Adams of Brooklyn, who raises horses and cattle, said the group wanted to draw attention to animal control and its actions. She said it isn't right they sold all the horses before the men were convicted of any crime -- a move Lamp said the forfeiture statute allows to protect animals.

"It is scary to those of us in agriculture that they can come in and take our farm and we can't do anything,'' Adams said.

Others expressed similar sentiment. "I fear for horse owners. I fear for all horse owners in the county,'' Brown said.

©2007 Jackson Citizen Patriot
© 2007 Michigan Live. All Rights Reserved.

We certainly appreciate the reporters who stopped to talk to us during our peaceful protest and informational picketing. The MSU campus police were likewise friendly and professional.

WILX TV 10 news coverage.

2007-11-04T18:58:00.000-05:00

Send out your thanks to Jessica Aspiras and News 10 for the coverage of the "other" side at last.

Protesting Against Horse Auction

Posted: 5:54 PM Nov 4, 2007
Reporter: Jessica Aspiras
Email Address: jessica.aspiras@wilx.com

While a horse auction got underway inside the MSU Pavillion, outside a peaceful protest was just beginning.

"It's a total miscarriage of justice. Men are getting tried, and their horses are getting auctioned, and they haven't even been convicted yet."

Protestor Jered Brown is referring to the case of James Henderson, Jr. and Matthew Mercier. Both men are charged with three counts of felony animal torture each. In March, Jackson County Animal Control seized 69 of their horses from Turn Three Ranch in Grass Lake. Authorities estimated the animals had not been fed or watered since last fall.

"If the animal control thought that they had a problem, they should have come in and worked with the gentlemen and said, this is what we want you to do."

Melissa Adams owns horses of her own. She says she got involved with the protest after the first group of horses was auctioned off in September.

"I know that the horses at the auction, I have talked to vets who have done fecal counts on these horses and found that they were wormy," she says. "And to me if you're rescuing horses, it is coming on you to make sure these horses are healthy."

Brown decided to protest after the first auction as well, because, he says, the condition of the horses worsened after Animal Control took over.

"You could see the condition that their ribs are showing. You can see the spine line. His feet, there's damage to his feet. This picture was taken three weeks after we purchased him. You can see, you can't see the rib lines anymore. He looks healthier. His feet look good."

On Sunday, the last of the horses was up for auction. In total 84 were sold. That number includes the foals born after the seizure. News 10 contacted Jackson County Animal Control, but they declined to do an on-camera interview.

Melissa, Jered ... you guys rock. Thanks to everyone behind the scenes that made great things happen today.

The support pours in.

2007-11-02T22:26:00.000-04:00

Contributors have made some great things possible these last few days.

There will be 2,000 flyers to hand out, financed by a few supporters who cannot attend ... a convenient bookmark sized fact sheet with websites, quotes, photos and compelling information. This can be sent in PDF format to anyone who would like to produce additional copies.

Another donation has made possible the manufacture of some very nice 14" x 20" signs. We were only able to produce a dozen today, but I have PDF art available to anyone who would like to print their own signs to bring.

There are even several people offering to pick up others in their area and car pool to East Lansing from several counties away. The response has been great. Hope you're planning to join us. The sun will be shining, so never mind the temperature. :)

We'll all be there.

2007-11-02T10:46:00.000-04:00

Update on the outcome of the hearing:

Horse farm defendants allowed to be at auction

Friday, November 02, 2007
By Kristin Longley
klongley@citpat.com -- 768-4917

A judge on Thursday denied a motion to ban two men accused of neglecting their horses from attending a livestock auction.

The last of 84 horses forfeited to Jackson County will be sold Sunday at the Michigan State University Pavilion.

The prosecutor argued that Matthew Mercier and James Henderson Jr., who are charged with three counts each of felony animal torture, should not be able to attend the public auction, fearing they would intimidate potential buyers. Witnesses testified that the defendants have been following up with buyers after the horses are sold.

Circuit Judge Chad Schmucker said the defendants can attend the auction, but prohibited them from approaching Animal Control officers and witnesses who ask to be added to a "no-contact list,'' and banned them from purposely disseminating personal information about Animal Control officers online.

The judge then set aside Animal Control officers' personal-protection orders against the defendants, saying they never should have been entered. Defense attorneys argued that the orders, which were based on reports of alleged stalking and intimidation, do not meet proper criteria and are "nothing but a creature of hysteria.''

Schmucker said the case has generated an unusual amount of rancor and interest by supporters on both sides. Defense attorney Ronald Fabian said the case is "out of control.''

Mercier and Henderson are scheduled to stand trial in Circuit Court early next year on the felony charges.

Animal Control agents seized the horses in March and took control of the Grass Lake Township farm based on reports of unsafe facilities and malnourished horses. The horses were later forfeited to Jackson County by District Judge Joseph Filip, and most have been sold.

Henderson appealed the civil ruling, and the case is pending.

©2007 Jackson Citizen Patriot
©2007 Michigan Live. All Rights Reserved.

There is still a chance that these horses -- although by the end of the weekend they'll have all been sold to new owners -- will be returned to their former owners. If the defendants are found not guilty of the felony torture charges (which I have no doubt that they should be found innocent, for torture implies intentional harm), the horses should be returned to them. Will the new owners receive compensation for what they have paid for the horses, and what they put into them from now until the appeal is heard?

All in all, a good day.

2007-11-01T19:18:00.001-04:00

Court today could not have gone much better.

And this was printed in the Jackson Citizen Patriot.

Protest planned to support men accused of neglecting horses

Thursday, November 01, 2007
By Kristin Longley
klongley@citpat.com -- 768-4917

Supporters of two men accused of neglecting their horses have started a grassroots campaign to try to clear their names.

The group plans to conduct a peaceful protest Sunday at Michigan State University, where Jackson County will auction off the last of the 84-horse herd it seized from the defendants' Grass Lake Township farm.

James Henderson Jr. and Matthew Mercier are charged with three counts each of felony animal torture. They will stand trial early next year before Circuit Judge Chad Schmucker.

Their supporters have generated several online forums about the case, and one Web site, www.glhorsetruth.com, has received more than 14,000 hits in the few months since it started.

"I think it's people who are looking at this case and are fearful about their own property,'' Mercier said. "They're ticked off.''

Acting county Administrator Randy Treacher said the supporters' campaign is "an attempt to smear what Animal Control has done.''

Animal Control agents seized the horses in March and took control of the farm based on reports of unsafe facilities and malnourished horses. The horses were later forfeited to Jackson County by District Judge Joseph Filip. Henderson appealed the civil ruling, and the case is pending.

Shantell Coats of Springport is organizing the MSU protest. She said information will be disseminated regarding Animal Control's care of the horses, including allegations that some haven't been fed, groomed or dewormed properly since the seizure.

Treacher said a lot of time and resources have been spent on the horses, and added the animals have been well taken care of, according to Animal Control veterinarian Dr. Pamela Fouty.

"Our Animal Control officers have done a tremendous job,'' Treacher said. "The condition of the animals overall continues to improve.''

The horses up for auction Sunday include trained and pedigreed barrel-racing horses, officials said.

Schmucker is scheduled to hold a hearing today on a motion to bar Mercier and Henderson from the auction based on reports that they have created disturbances at previous auctions.

©2007 Jackson Citizen Patriot
© 2007 Michigan Live. All Rights Reserved.

Guess what? Schmucker threw out the PPOs that were served on Matt Mercier at the third auction, and did not grant the motion to bar the defendants from the final auction this weekend. There simply was nothing concrete in the allegations against the defendants.

I have to believe that the tide is turning.

Become an activist.

2007-10-31T17:19:00.000-04:00

Now that the media knows, there is no reason not to inform the public that our peaceful protest will be held at the site of the final auction of the remaining horses JCAC seized from Turn 3 Ranch:

Sunday, November 4
MSU Pavilion, East Lansing
10:00 a.m. until noon

The media has been alerted, and now it is up to YOU to show your condemnation of the actions of Jackson County in this case. Supporters have funded the printing of 1,000 flyers for activists to distribute. Make and bring your own signs. Feel free to use anything at all you want from this blog, from the flyers, any photos posted here.

MSU Police have been made aware of our intentions ... there are certain guidelines to follow, but on the whole, they support peaceful protesting by concerned citizen activists. Do not block the entrance, no weapons, etc. Being non-confrontational, truthful and respectful at all times is critical to fair coverage of the story.

Peace for the horses.

2007-10-31T12:17:00.000-04:00

The final auction of horses who have been in the "care" of Jackson County Animal Control for the last 7 months is almost upon us.

You are probably reading this as someone who expressed interest in pursuing an investigation into JCAC with regards to the case against Turn 3 Ranch, where in March of this year, 69 horses were seized, and later 84 horses (including the spring foals) were forfeited to Jackson County. Many have found this seizure to be unjust, as proper procedures as outlined in the Right To Farm Act were not followed, because the county's own equine vet found the majority of horses to be at ideal weight or better, but most alarmingly -- many horses sold by JCAC in the past month have been apparently neglected for months by JCAC, infested with parasites, skinny with ribs showing, young fillies testing positive for pregnancy. The former owners have yet to go to trial on the charges against them, but if found innocent, their entire herd -- their livelihood -- will already be gone.

Maybe your only knowledge of this case so far is what the media had to report -- "69 starving horses" -- "half of them pregnant" -- or any of the other misinformation that was published. The pre-trial testimony of horse experts debunks much of the sensationalism that was reported. We know that there were only a dozen pregnant mares, not 37 -- and that the majority of the herd was in good health, with three horses in poor condition coming out of a harsh winter, as well as two horses with injuries that were being treated.

As a statement of solidarity among the agricultural community, especially the horse owners and citizens concerned about the government acting inappropriately, we are asking for your support in distributing information about this case.

Contact me privately (xpbuttercup at gmail dot com) to receive information on a meeting place and time for a peaceful protest, or if you cannot meet us, for a printable informative flyer to distribute in your area. (Looking for volunteers in the Birch Run area for the upcoming horse expo.)

If you have an "in" with a friendly reporter who might provide some news coverage to help expose the case, send this message along. A great deal of misinformation was released in March and April, and most people have not heard what happened to the horses since then.

http://Turn3vsJCAC.blogspot.com/

http://www.GLHorseTruth.com/

I am XP, and I approve of this message. Pass it on.

Stand.

2007-10-30T10:17:00.000-04:00

Jackson County Animal Control has made a motion to amend the bond conditions and make it so that the defendants cannot attend the final auction.

Among other unfounded allegations, they state:

iii. At the third sale, it appeared that the horses being put up for auction were sedated just prior to the sale soon after Mr. Mercier and his buddies left the pen containing the horses.

As I was a witness to this alleged activity, I am testifying as to what I did and did not see at the bond hearing this week, as well as several of the other witnesses, who have never been "buddies" with the defendant, but like myself were concerned citizens and potential buyers.

Did you think we would all run and hide? I am stunned that JCAC would make this allegation to attempt to blame the pathetic condition of those weanlings on the defendant. They have accused ME, by association, of drugging young horses.

So now it is not enough to attempt to smear the public image of the defendants... they mean to make allegations against anyone who does not condone the seizure of these animals, and the poor care they have received in the hands of Jackson County Animal Control.

I will stand.

Right to Farm.

2007-10-29T06:47:00.000-04:00

This is long, but very well worth the read! Thanks to Bob Reid for this great story.

If you are a farmer or rancher this article is one that you need to pay careful attention to. It is no exaggeration to say that the story I am about to tell you holds the potential to negatively impact the future of your farm. It’s going to talk a while to explain the entire situation, so grab a cup of coffee and start reading.

Recently a case went to court in Jackson County in the state of Michigan. After hearing secondhand how ludicrous and unjust the case was from a number of livestock owners, I decided to take a look at what was happening. When I finished reading the court transcripts and the verdict I was appalled. Not only were the two ranchers being seriously abused, but the precedence set by the outcome of the case was staggering.

What would you say if I told you that if your ranch/farm needs to be cleaned up, your fencing and shelters need to be repaired, and “some” of your livestock isn’t up to par, that I can seize your entire farm, sell all your livestock and keep the money for myself? That’s what Jackson County did and wait until you hear some of the details involved.

Before I get caught up in describing a number of the facts that will leave the hairs on the back of your neck standing up, let me take a second and explain how this case effects every farmer and rancher in our country. For those of you that haven’t had the opportunity to be involved in the judicial system, here’s how it works. When charges are brought before the court, the judge reviews the charges, the laws relevant to the charges, the evidence and testimony, AND previous cases of a similar nature. He uses the previous cases as a benchmark to determine how other courts have applied the laws to similar situations and as a strong source of guidance as to how he should cast his judgment. I’m sure you’re beginning to see the impact here. Should the county you live in decide that they want to seize your farm, claiming that you’re not meeting the standards they expect, they have a much stronger chance of succeeding now by referencing the Jackson County case.

Some of you may be thinking, “That’ll never happen to me.” Well, you may be very surprised at how likely it could be. The majority of people in our country have no understanding of agriculture and as is common psychologically, they tend to apply their own personal standards to what they expect in others. As crazy as it seems, this means that many city folks expect your livestock to receive the same care as the cute little puppy in their own backyard. The case in Jackson County is not only a perfect example of this unrealistic perspective, but has now set a precedence that will bolster the confidence and authority to take similar actions by agriculturally ignorant local governments across the country.

This particular case in Jackson County involves so many areas of concern that I’m having to spend a great deal of time filling you in on the groundwork before getting to the actual case details. I ask for your patience as I continue and I promise that this entire plate of spaghetti that I’m throwing in front of you will be worth your attention in the end. Unfortunately, I can’t guarantee that you’re going to like the taste.

There are a number of states that have recognized the needs of the agricultural community and as such have passed legislation protecting their farmers and ranchers. Michigan is one of these states. The following are two excerpts from the 1981 Michigan Right to Farm Act.

This first excerpt outlines the more common areas of complaint that the Department of Agriculture investigates. Note that one of the areas specifically defined is “care of farm animals”.
“Subject to subsection (2), 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.”

This second excerpt defines the process to be used if the Department of Agriculture finds that the farmer/rancher isn’t meeting the standards.
“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.”

The process above makes sense and seems to be a fair way to assure that the people handling farming inspections and problems are hopefully agriculturally intelligent being that they’re employed by the Department of Agriculture. But, what if the Department of Agriculture turns a blind eye to the use and enforcement of these laws at the local level? After reading the transcripts the first thing I did was contact the director of the Michigan Department of Agriculture to find out what their involvement was. Two weeks after telling me that he would look into it, he responded with a detailed description of what they had done.

The director’s response was very bothersome not in regards to what had been done, but rather what hadn’t been done. He stated, “The Michigan Right to Farm Act does not affect the application of other state statutes and federal statutes; and as such, does not affect actions taken by MDA Animal Industry Division or local Animal Control regarding animal neglect, abuse, cruelty, etc.,” Wait a minute! Didn’t we just read that the Michigan Right to Farm Act defines “care of livestock” as part of their investigative responsibilities? Didn’t it go on to define the process that the Department of Agriculture should use if they discover a problem during their investigation? Why are they turning their backs and letting the local Animal Control call the shots? Why would the state of Michigan pass legislation defining these responsibilities and processes if they didn’t intend for it to be applied?

Oh, it gets better. The local Animal Control had filed the charges against the farmers under Michigan Penal Code Act 328 of 1931, section 750.50. In this section of the penal code there is a line that states:
(8) This section does not prohibit the lawful killing or other use of an animal, including, but not limited to, the following:
…
(f) Farming or a generally accepted animal husbandry or farming practice involving livestock.

Now we have the penal code saying that the charges are not applicable to an animal being used in a farming practice involving livestock and the Department of Agriculture telling us that the Animal Control can call the shots even though the Right to Farm Act defines it as the Department of Agriculture’s responsibility for such cases. Furthermore, the Department of Agriculture has developed a “Generally Accepted Practice” manual for the care of livestock. There is definitely an issue here that needs to be resolved at the state level or higher.

Keep what I just mentioned in mind while you read some of the details of the Jackson County case. It is shocking how out of sync the urban perspective of Jackson County’s government is compared to the reality of farming.

On March 13th an Animal Control officer was investigating a fencing issue at the ranch and upon further investigation decided that the condition of the ranch and the state of some of the livestock was unacceptable. As such, she demanded the rancher meet her at the ranch with a veterinarian.

On March 16th she met with the rancher and the veterinarian that he had called, Dr. Sray, who had been the vet for Jackson County Animal Control for 28 years. Looking over the ranch, Dr. Sray noted that there were some horses that had weathered hard over the Michigan winter, but these were primarily the very young horses, which is common, and a couple 28-year-old mares. All of the thinner horses had already been segregated from the herd and penned separately prior to Animal Control’s involvement, so it was pretty obvious that the ranchers were working on the issue. There was also a horse with a wire cut near one hoof that the rancher had been treating himself and one horse that had a sensitive hip that Dr. Sray mentioned should be looked at. After looking over the remainder of the herd, his conclusion to Animal Control was that the farm needed to be cleaned up, but there didn’t seem to be any overall problem that a few weeks of warm weather wouldn’t take care of. This was a reasonable conclusion considering that it was later testified to in court that 56 of the 69 head herd were at or near optimal weight (i.e. 4-5 on the Henneke scale). He also suggested that if she was still concerned with the situation, she should stop by occasionally over the next month and verify that things were improving.

Rather than follow the professional advice provided by the vet that they had used for the past two plus decades, Animal Control contacted the Department of Agriculture, requesting a second opinion. Although it appears that this is pushing the issue more than should have been appropriate, it is what Animal Control did before the DA vets arrived that is very unsettling. Animal Control took it upon themselves to obtain a warrant to seize the herd and all related property, disregarding the professional opinion of Dr. Sray by lying on the affidavit that there was a conflict of interest because Dr. Sray was a personal friend of the rancher and had known him since he was a child. Both Dr. Sray and the rancher each testified in the trial that neither had said such. Dr. Sray had only been to the ranch approximately six times over the past two years to provide veterinary services, they did not know each other socially, and the rancher had not been born or raised in Jackson County. In the warrant Animal Control justified the seizure based on inadequate care and abandonment.

After seizing the ranch, Animal Control called in a local Horse Rescue. After the Horse Rescue visited the farm they wanted nothing more to do with it. They said there was no justification for seizing the farm.

From what you’ve read so far I’m sure you can see that this entire case didn’t hold any water in front of any person with an ounce of agricultural experience. You can’t abandon a 69 head herd through an entire Michigan winter and have 56 of the 69 in good shape come spring. Young and old horses weather harder than others, so when spring comes around you segregate them from the herd and give them some extra attention. That’s common sense and that is what was being done on this ranch (The yearlings had been rated between a 2 and 3 on the Henneke scale.). But, when agriculturally ignorant people get their hands on something like this, they see it quite different. The problems for the farmers were only beginning.

Once the case got to court things only got worse. The case was ruled by Judge Joseph Filip, who admitted to his ignorance in the realm of agriculture and whose actions and judgment substantiated the fact. With no understanding of horses, the prosecution bombarded him with unreasonable expectations for animal husbandry and put great effort in avoiding any distinguishing between livestock and pet care. An example of this was the testimony of the second Horse Rescue that they brought in after the first group wanted no part of the situation. This Horse Rescue was run by a woman who ran a small hunter/jumper boarding and training ranch. She testified that in her opinion proper care of horses requires that each horse has its own stall, each water bucket should be emptied and scrubbed daily, and each stall should be stripped and freshly bedded daily. Can you imagine the cost of trying to run a farm or ranch in this manner? Most of us would go belly up within the first year.

Needless to say, being agriculturally ignorant the judge took it all to heart. Instead of looking at the 56 of 69 horses that were in good shape and using common sense to realize that this ranch could not have been abandoned, and instead of looking at the thinner horses penned separately and realizing that this meant that the ranchers were obviously working with these animals, his focus remained on smaller images rather than the overall picture. He had the audacity during his judgment to mention his concern that the ranchers had purchased used horse blankets and that this could be an example that they were in over their heads as far as their ability to care for their horses. In his inept, agriculturally ignorant judgment he also stated his opinion that even though 56 of the horses had no problem in anyone’s eyes, that the issues with the others was just the tip of the iceberg and they shouldn’t wait for the additional 56 horses to undergo similar problems. Unfortunately, his judgment gets worse.

Pay careful attention to this part of the judgment. All of us have been in similar situations and this precedence puts us all at risk.. They charged the farmers with three counts of FELONY TORTURE. These poor guys have not only lost everything they’ve worked so hard for, now they’re looking at the possibility of serving time in prison and here’s why.

The first count of felony torture involves a colicky mare. She had been having gas colic issues for about four months and had dropped a great deal of weight, but being one of the farmer’s favorites, they were working with her and trying to avoid having to put her down. The court concluded that her emaciated state was causing her pain and anguish, which is the definition of torture in the eyes of the court and therefore the charge stands and the defendants will be tried on this count.

The second count of felony torture involved a filly that had had a wire injury around the right rear ankle. The farmer, who had many years of experience treating his own livestock, had been trying to treat it himself without much luck and had already made an appointment to take it into the vet on March 21st. The court concluded that this injury had caused the animal great pain, which is the definition of torture in the eyes of the court, and therefore the charge stands and the defendants will be tried on this count.

The third count of felony torture involved a yearling colt. When Dr. Sray initially came to the farm at the behest of the farmer, the farmer had asked him while he was there to take a look at the yearly colt because he seemed to be a little sore in his rear hip. Dr. Sray checked him out and although it didn’t seem to be too severe, he recommended that the farmer take him in and have it x-rayed. Two weeks after Animal Control seized the farm there was an accident with the colt and he was down, apparently trampled. He was sent to Michigan State University where it was determined that he had Osteochondrosis, which many believe is a genetically instigated degenerative disease of the bones.

This entire case involves so many unbelievably ugly precedents that it is difficult to take it all in. If you treat your own injured livestock, per this case you can be charged with felony torture. If you don’t want to put down that beloved colicky horse that is losing so much weight, you had better reconsider because you may be charged with felony torture. If one of your animals starts showing signs of lameness you had better put it down quick or you may find yourself facing felony torture charges if it is determined to have been a long-developing issue. If your younger and older horses lose weight from wintering outside, beware; you could lose everything you’ve ever worked for.

Here’s one last note. Following the judgment, a bond hearing was held in which the court offered to allow ownership of the herd to remain in the farmers’ hands if they paid Jackson County $143,000 cash within 72 hours. This amount was determined based on Animal Control’s claimed expenditures to date and an estimated three months of continued care before the criminal trial. Animal Control’s itemized list of costs is posted on the farmers’ website if you care to take a look. There are some pretty outrageous numbers, but the one that floored me was their claim that they’re feeding these horses 42 square bails AND 6 round bails PER DAY. Rumor has it that Jackson County is hurting financially. This is only speculation, but could this entire thing be simply an elaborate extortion scheme? Regardless, as I said before, this whole plate of spaghetti is leaving a very bad taste in my mouth.

Folks, this is not a horror story written for entertainment. This is something that is happening and it’s the first stage of a very ugly cancer. It has to be cut out before it has a chance to spread or it WILL eventually kill the farming community in our country. The voice of a single farmer can seldom be heard beyond the limits of his own land, but the united voice of the farming community can rage so loud that it is heard all the way to the steps of the White House. If this story hasn’t brought you to the edge of your seat in anger, ask yourself what you’re going to do when it happens to you or someone you love.

The next step is to make our voices heard. Write to your congressmen and senators. Tell them that if they want your vote, they better get involved. Talk with the leaders of your organizations and associations. If you know lawyers experienced in agricultural cases, have them contact the farmers now appealing their case in Jackson County and preparing to face their criminal trial. If you know lobbyists in Washington, tell them to start stomping their feet. Have your leaders contact every media they can come up with, whether magazines, television, newspapers, or websites, and let them know that we won’t tolerate this type of abuse in the farming community. If you have an emergency fund in your organization, send these farmers some money. They’ve lost every penny they have and it’s up to us to ensure that they can afford the best possible legal defense in both the criminal trial and the appeal of the forfeiture trial. We have to pool our resources and turn every bit of aid we can come up with to ensure that this precedence goes no further.

God bless you all and I pray that you will stand with me in defending our rights. Here’s the website for the farmers: www.glhorsetruth.com

Another great letter published.

2007-10-28T18:05:00.000-04:00

Jackson Citizen Patriot has published several opinion letters shifting the focus from Turn 3 to JCAC for potential abuse. Another one was posted today:

Animal control looks out of control

Posted by Jackson Citizen Patriot
October 28, 2007 06:22AM
Categories: Voice of the People

OWOSSO — We need more voices of the people heard concerning the Turn-3 Ranch horses.

It is about time the news shows the truth about the care of the Turn-3 horses after animal control took them over. I would like to say what it looks like to someone who does not live in that county.

All appearances show an animal control out of control. How can these horses be sold before there is a trial proving guilt of the owners? How is it that trucks, trailers, feed bills, health records, registration papers, medications, saddles and anything else in the barn can be taken by animal control? Why did the news focus only on the older mares that lost some weight through the winter? There are many more questions with no answers.

What is happening to animal control? This kind of thing is going on in other states, too, not just Michigan.

Animal control needs a new shelter. In the eyes of many, it looks like these horses and equipment are taken and sold to go toward the new shelter. People want answers. Where are we going to get those answers if not from Jackson County?

If this is allowed to go on, will every horse owner live in fear of someone from animal control coming on their property to take everything they own for any reason they can dream up? What ever happened to innocent until proven guilty?

— Carol Palembas

More about the auctions:

County rushes to sell horses before trial

Posted by Jackson Citizen Patriot
October 23, 2007 09:59AM
Categories: Voice of the People

SPRINGPORT — After reports that horses that Jackson County Animal Control ran through a livestock auction last month looked skinny and lacked basic care, I went to a recent auction. While this batch of horses seemed to be fed adequately, it appeared their hooves were very overgrown and that they had signs of intestinal worms.

Where is the money going that Jackson County demands for the "care" of these horses, which it is now selling for as little as $100 a head? Just read the newspaper: Officials are replacing their condemned, filthy and disease-ridden animal shelter with a highly criticized, $1.3 million move.

They're doing this on the backs of horses unjustly taken from their rightful owners, who have yet to go to trial on the charges made against them. No warnings were issued. No attempt was made to investigate why these horses would be thin. Instead, animal control rolled in and took over the farm, animals, vehicles and whatever it could get its hands on. County officials found a horse-ignorant judge who believes, among other ridiculous notions, that you must not care about your animals if you buy used tack.

Visit the forums at GLHorseTruth.com. Every animal owner should be angry. Innocent until proven guilty is not the modus operandi for Jackson County. And the nation is watching the outcome of this case.

— Shantell Coats

Yet another one:

Horses not getting high-priced care

Posted by Jackson Citizen Patriot
October 07, 2007 06:03AM
Categories: Voice of the People

BROOKLYN — I attended the Napoleon auction for the Grass Lake horses Sept. 15 and was appalled at their condition.

These horses appeared skinny and wormy, and had horrible feet. These animals were not the recipients of $22,000-per-month care. As a lifetime horse owner and hay farmer, I felt compelled to donate and deliver $500 worth of hay April 10 and got a close look at all the horses on that farm at that time. Other than shedding out their winter hair, these horses were in no better condition Sept. 15.

I would like to know if all the donations were taken into consideration when coming up with the total dollar figure of $143,000 for compensation.

It was not my intent to donate something only for the county to charge someone else for my generosity. Nobody took my name and, to my knowledge, there was no record of who I was or how much I donated. Did anyone get a receipt for anything? I certainly didn't. Leelanau Horse Rescue is a nonprofit organization, and any donation made should be tax-deductible.

These animals have not received the basic care that a $150-per-month pasture boarding facility would give, and Jackson County Animal Control is not paying board. To state that it costs $300 per month only for feed for each animal is outrageous. Believe me, these horses didn't even see a quarter of that.

— Kathy Brown

JCP ~ your readers are aware of the situation. When will your reporting reflect what your readers have witnessed for themselves?

Breaking news.

2007-10-26T16:57:00.000-04:00

On the GLHorseTruth.com website discussion board:

Matt Mercier
Oct 25, 07 - 7:23 PM
3 year old Turn 3 mare aborts after Tom Moore sale

Breaking news. Just got off the phone with the purchaser of the 3 year old Grulla mare at Tom Moore's sale.

She was confirmed pregnant a couple of weeks ago. Well this afternoon she aborted a 5 month old colt fetus. The vet report will be released ASAP. His opinion at this time is inadequate nutrition for the mare.

This is one of the mares who was impregnated while JCAC was in charge of the farm. She was sold (as a 4 year old, no mention that she could be pregnant) at the Tom Moore sale in Onsted about three weeks ago.

New and newsworthy.

2007-10-26T09:42:00.000-04:00

Although the media often claims that JCAC cares for 80 horses now that the mares have foaled, the July forfeiture order makes reference to 84 horses. After seeing the flyer for the upcoming Tom Moore sale and reading that Jackson County is offering only 34 horses at this "final" auction, the question arose of where 14 missing horses might be.

This email exchange might lend some insight to that topic:

To: XP
Date: Thu, Oct 25, 2007 at 1:31 PM

I was told that on Sept 14th or 15th the same weekend as the first Auction at Napoleon . I was in a discussion of with the trainer who had acted on behalf of the Leelanau Horse Rescue. She said "they ( the Rescue) were given 12 of the horses and that now they would have to be responsible for them for the rest of their lives" , I was told where the horses went was out of there hands, I was also told it wasn't the judges fault, and that the county had over $90,000.00 in to them and no other choice. I asked about foster situations as a possible solution, She said that would be impossible because then they would have to send people all over the place to monitor them. I would think that it would be easy enough to check the facts. The county seized the animals they must be accountable for where they ended up...whether dead or alive I believe you would be able to access the county records through the freedom of information act.

On a personal note I find this entire fiasco a tragedy, for the horses, for other horse rescues, for the owners , and the tax payers. This was a text book case in how not to rescue horses and what not to do with them. The public was left to believe this was a rescue and so donated accordingly, this was not a rescue this was a seizure of property, which is often sold at auction. These horses were treated no differently then a car or boat as far as I'm concerned , there is no good spin you can put on this.

--------

From: XP
Date: Thu, Oct 25, 2007 at 2:32 PM

Wow ... as far as I know, the defendants were not made aware of this arrangement ...

May I post this email on the blog?

Can I pass your information along to people who are working on the case against JCAC?

Thanks for the info ... this case gets stranger and stranger.

XP

--------

To: XP
Date: Fri, Oct 26, 2007 at 9:40 AM

You can pass on the information, I have no idea why this should be considered a secret. Why can't you just call Laura Steenrod or Leelanau Horse Rescue or the County and ask them. I mean if there intention was to rescue these horses then why would they hide the fact they actually RESCUED 12 of them? Right now I am worried about the 100's of TB's that are going to be sent to slaughter due to no more TB horse racing in Michigan. We have a huge problem and the facts are 100's are in eminent danger. A paddock or pasture with hay and water look a hell of a lot better then a slow torturous trip through Canada or to Mexico .. CANTER is in desperate need of FOSTER homes and donations but I think a heck of a lot of people who may have donated are questioning horse rescues in general, I know the last thing I want to hear is that $100.00 of my money is just going to keep enough meat on a horse so it can go for a $150.00 to the meaters. I personally would rather put a bullet in a horses head then send it through a cattle auction house, it would be much more humane.

The forfeiture order is on its way to me, but it is believed that the judge ordered Jackson County to SELL all of the forfeited horses to repay part of the taxpayers' debt. How do Jackson County taxpayers feel about JCAC giving these horses away?

We're still looking for 2 horses unaccounted for.

Write to WILX TV.

2007-10-25T11:10:00.000-04:00

Here is a WILX news story you can respond to, posted March 30, 2007.

Community Responds to Abandoned Horses
Reporter: Jessica Aspiras
Email Address: jessica.aspiras@wilx.com

This is the face of one of 69 abandoned horses at Turn Three Ranch in Grass Lake. Some so undernourished their bones can be seen clearly. At the Napoleon Livestock auction on October 20, weanlings born under the care of JCAC also had bones that could be clearly seen. What excuse do they have for the appalling condition of these young foals that may have been separated from their mothers too soon?

But thanks to overwhelming donations from the community - the future looks more promising for them.

"I've probably tried to field over 100 phone calls in the last 24 hours. People willing to donate anything from farmers with large quantities of hay willing to bring us large quantities of hay," says Laura Steenrod of Leelanau Horse Rescue. Still looking for an account of how much hay was donated, as the amount of hay purchased by JCAC was far beyond even a generous estimation of how much hay that number of horses would consume in the given time frame.

However the primary concern at this time is monetary donations. Certainly a valid concern. You speak of "overwhelming" response--how much money was donated that was meant for the care of these horses? Why was this not considered when Jackson County offered a bond request of over $134,000 which gave no account of the donations of money or hay to date?

"What the financial donation enables us to do is enables us to once something does get filled we can move on to the next thing instead of putting out there we need vet wrap and end up with 200-300 rolls of vet wrap."

The horse ranch was taken into the custody of Jackson County Animal control a little more than two weeks ago after a dead horse was found. A horse that had recently died of natural causes, a common and sometimes fatal condition known as colic, unrelated to malnutrition or abuse, and was awaiting removal. JCAC did not necropsy the horse, so it would seem there was no question of neglect there.

It's estimated the horses had not been fed or watered properly since last fall. A false allegation, made by one horse expert who was brought in after several other horse experts did NOT find reason to impound the animals. Apparently, JCAC shopped around for a vet that would say what they wanted to hear.

"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. Is this why so many of the horses appear wormy, or have been confirmed to be infested with internal parasites, six months after the seizure? Did you assess that worming them wasn't worth the risk, and neglect to provide this basic medical care? There are ways of worming that are less risky to the horses' sensitive system, such as administering a partial dose and then treating again soon after. Where is the evidence that this was done? Evidence exists that auctioned horses had massive numbers of three different types of parasites.

Currently 30 mares are pregnant. But the outcome for the foals is not as good. We've been over this ... the defendants did not breed 30 mares. After the seizure, stallions were allowed access to mares and fillies who may be bred for 2008 foals. But by JCAC's own accounting, only 10-12 foals were born this year.

"We're hoping for 100 percent survival rate, but due to the fact that these horses have not received the right nutrition, the foals are going to be high risk." They have yet to report to the public the death of any horses with the exception of the injured paint colt they euthanized, AFTER cancelling vet appointments made by the defendants and waiting until weeks later to provide medical attention to the colt.

While the cleanup effort has been ongoing for weeks, it's not expected to be finished any time soon.

"Basically these horses are living in a garbage dump," says Steenrod.
A dump, that for now, is home to 69 hopeful animals. And where the majority have remained throughout the summer, allegedly in small pens without grass, while about 80 acres of grassy fields have gone to waste. They could have safely and inexpensively put up temporary horse fencing--there are products made for this purpose, for camping--yet did not. It is reported that most of the same hazards that were considered part of the reason for the property seizure are still in place at the Maute Road farm today.

My comments have been added, in red, to help with your letter writing. It is best to put things into your own words, and important that you print out and mail your letter through the postal service rather than just email it.

Jessica Aspiras, Reporter
WILX-TV
500 American Road
Lansing, MI 48911

Time is of the essence.

Guest blogger of the day.

2007-10-25T09:32:00.000-04:00

This time around, words in red are those of Terry Dishman of Oklahoma, who is one of many people watching this case unfold from another state.

JCAC Ordinances.

http://www.co.jackson.mi.us/Agencies/animalShel/ProtectionOrdincance.pdf

See how many of there own ordinances they are in violation of - AMAZING!

ARTICLE 1.
PURPOSE

The Board of Commissioners furthermore recognizes that animals require legal protection, that the property rights of owners and non-owners of animals need to be protected, and that the health, safety and welfare of the people in Jackson County will best be served by adoption of "The Animal Control and Protection Ordinance."

They signed it, why do they not enforce it?

Refresher course in your own definitions:

ARTICLE 2.
DEFINITIONS

"Animal Control Manager or Manager" means the person, under the general supervision of the County Administrator/Controller, who oversees the daily
operation of the Animal Shelter. He/she is responsible for preparing and monitoring the departmental budget and ensuring compliance with appropriate legislation, supervises the work of employees at the Animal Shelter and Animal Control Officers, and assists in any classification as necessary.

"Animal Control Officer" means the person under the supervision of the County Administrator/Controller, and the immediate supervision of the Animal Control Manager, who shall enforce this Ordinance and the Laws of the State regarding domestic animal control, dangerous domestic animals, and protection of the people and domestic animals of Jackson County.

Who's protecting the animals? not JCAC

"Neglect" means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.

"State of Good Health" means free from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.

"Torment" means to cause, by an act or omission, unjustifiable pain, suffering, or distress to an animal, or cause mental and emotional anguish in the animal as evidenced by its altered behavior for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and/or reasonable person would conclude is likely to precipitate a bite or attack.

Early weaning [blog owner would like to add: forced weaning at auction house, made extremely stressful situation worse and could lead to stress colic, many consider 6 months the standard age for weaning]

"Veterinarian" means a person licensed to practice veterinary medicine as required in or under the Public Health Code, Act No. 368 of the Public Acts of 1978, being 333.18811 of the Michigan Compiled Laws, such other applicable State or Federal Law.

ARTICLE 3
ANIMAL CONTROL OFFICERS DUTIES,
AUTHORITY AND RESPONSIBILITIES

Section 3.1 The Jackson County Board of Commissioners shall employ an Animal Control Manager who shall direct Animal Control as necessary, and in accordance with County budgetary and personnel policies.

Section 3.2 It shall be the responsibility of the Animal Control Manager and/or Officers to enforce the provisions of this Ordinance.

Does this sound like "DO AS I SAY NOT AS I DO" to ya'll?

Section 3.5 Animal Control Officers shall act reasonably and with the exercise of judgement in the enforcement of the State Law and County Ordinance in reference to animals.

What was reasonable about any of this to begin with?

ARTICLE 7
PROHIBITIONS AND REGULATED CONDUCT

Section 7.1 It shall be a violation of this Ordinance:

6) To physically mistreat any animal by deliberate abuse, or neglect to furnish adequate care or shelter, including veterinary attention, or by leaving the animal unattended for more than twenty four (24) hours without adequate care.

Is this not what they did to the mare who had aborted her foal, and to the colt that had to be euthanized, due to ACs cancellation of vet appointments? Has adequate care been provided to the horses going through the sales barn? [blog owner: I feel the internal parasite infestation not adequate treated by JCAC while the animals were under their care falls under neglect, comparing a normal common parasite load to the mass expulsion of at least three types of parasites by horses dewormed after the auction]

10) To interfere with, hinder, resist, oppose, obstruct, issue a false report or molest an Animal Control Officer in the performance of his/her duties, or for any person to remove any animal from an Animal Control vehicle or Animal Shelter property without permission of the Animal Control Manager or Officer.

Is this not what JCAC has been doing all along? Follow the money trail!

11) To fail to comply with the requirements of this Ordinance or Federal or State Statutes applicable to keeping of an animal or a facility where animals are kept.

JCAC is in violation of it's own ordinances!

Section 7.3 It is unlawful for any person to fail to provide medical care when an animal is in pain or distress, including but not limited to the following:
1) In a state of emaciation.
2) Unable to rise and walk
3) Unable to urinate or defecate.
4) Crying out in pain.
5) Unable to eat or drink.
6) Suffering from unattended broken bones, wounds, burns or contusions.
7) Painful or difficult breathing.
Passing blood in urine, feces and/or vomit.
9) Presence of maggots or infested with other parasites.
10) Severe skin disease.

Farrier work and not to mention the underage bred fillies due to JCACs ignorance of animal husbandry and the release of studs to roam at large. Hasn't a vet preg checked already to confirm? [blog owner: yes, the 3 year old grulla mare at Tom Moore's auction was pregnancy tested and found to be bred for a 2008 foal, although the defendants had not bred any of the mares this year]

ARTICLE 13
VIOLATIONS AND PENALTIES
Section 13.1 In the event of a violation of this Ordinance, the Animal Control Manager, his/her deputies or other law enforcement officers may issue a citation or seek a warrant for the person in violation, summoning him/her to appear before a district court within the County to answer the charges made regarding violation of this Ordinance.

SOOO if the County Commisioners are the fathers of this ordinance it is time for the County Commissioners to start issuing citations to ACOs - Don't cha think? [blog owner: good luck getting a reponse from the Board of Commissioners]

How many more violations can you find???

Adding one more from the same ordinance, although it applies to dogs it should apply to the horses too:

ARTICLE 7

PROHIBITIONS AND REGULATED CONDUCT

Section 7.1 It shall be a violation of this Ordinance:

2) For a dog in heat (estrus) to be accessible to a male dog except for intentional breeding purposes.

Keep up the good fight!!

Thanks for the guest article; good to know folks outside of Michigan care about what is happening here.

Morning update:

Here's a couple more -

Section 3.4 Animal Control Manager and Officers shall wear satisfactory identification and carry a picture identification card when enforcing this Ordinance and State Laws.

No where does it say T-shirts [blog owner: a reference to money allegedy required to pay for t-shirts for the rescue volunteers, part of the forfeiture bond money]

Section 4.1 The Animal Control Manager shall operate and maintain an adequate facility as a shelter to receive, care for and safely confine any animal in the Officer's custody under provisions of this Ordinance. The Animal Shelter shall be accessible to the public during the days and hours in which County Offices are open and/or such other hours as may be authorized by the Board of Commissioners.

If T3 is the designated JCAC shelter for the horses, why is it not accessible to the public as stated? Once again in their ordinances.

I know in this state we have open Commissioners meetings every month and a posted agenda. Has any one contacted the Commissioners to be in a meeting and put on the agenda to address concerns? I go would flood the meeting area with all the concerned citizens I could get and let the media know too!

Just one more after thought - if the Commissioners have signed on to these ordinances and are not willing to enforce what they implemented - are they not as guilty as JCAC? These are elected officials take it it to the voters and take it up the chain of command! Time for a RECALL!

Terry Dishman - Oklahoma

P.S. Feel free to use my name and state, I fought for this country and its citizens rights for 20 years. I'm a retired military vet (1994) of Viet Nam, Grenada, Panama, and Desert Storm. This just chaps my jaws. I belong to a Cattleman's Association and the AQHA.

Out of the frying pan...

2007-10-25T08:42:00.000-04:00

In the past several days, there have been some HEATED discussions on the message boards that boil down to this: if the horses had been properly cared for in the first place, JCAC would not have stepped in, so I can't blame JCAC for their actions.

This analogy is similar to a young woman wearing a short skirt and getting raped, and the theory that she wouldn't have been raped if she hadn't been wearing the short skirt, so it must be her fault and you can't really blame the rapist, she was "asking for it."

I have shared what I believe to be true as well as what I've witnessed with my own eyes on this blog.

I have spoken to a couple of people who saw the horses shortly after seizure. I know that some of them looked very, very bad. I'm not trying to say that Matt and Jim were doing everything right and JCAC chose to pick on them.

Instead, I am looking at the actions of JCAC from the time they first entered the property and posted a notice for the owner/manager to contact them (3/14) and the time of the ex parte seizure (3/21) and the fact that they are supposed to give a warning and 30 days to fix things, and follow up. I think it was premature to seize the farm and that a "fix-it ticket" would have saved Jackson County taxpayers a lot of money. I believe it violates the Right To Farm Act. I believe that the farm was following GAAMP* for Equines. Although things may have not been handled the way other equine professionals would have handled them, I do not feel, based on the pre-trial testimony I have read, that they were torturing horses.
*GENERALLY ACCEPTED AGRICULTURAL AND MANAGEMENT PRACTICES

Since that time in March, a lot of things have happened that are very suspect. The forfeiture hearing, for one ... you can have your horses back, even though you are accused of torture, if you pay $134,000 in trumped-up fees? (Don't forget the donuts.) That sounds suspicious and highly unusual. The horses were kept on the very same farm that JCAC claimed was dangerous, unsuitable, and according to passersby the farm has not been "improved" much. Allegedly, young horses are being kept in small dirt paddocks, while over 80 acres of grass pasture could be utilized but is untouched.

The final straw that prompted my full scale involvement, was seeing these horses with my own eyes, six months after the seizure, looking the way they did at the auctions. There is no excuse, none at all, for the condition of those weanlings, and for them putting a mare and foal through the trauma of separation at an auction house ... just appalling. Many people have contacted me who would rather not be named, do not trust the defendants, yet are still upset with JCAC's actions.

And that is where my focus will remain ... on the fates of these horses, and the repercussions that should arise from this case. Imagine, for a moment, if you will, if the defendants are found not guilty on the charges. ALL of their horses are already GONE. It has been reported that a kill buyer was bidding at the first auction, the only one I missed. There can be no justice if property and/or livestock can be liquidated BEFORE a trial takes place!

10 horses missing!!

2007-10-24T15:30:00.000-04:00

In the transcripts of the forfeiture, you will see that the judge orders Jackson County Animal Control to sell the horses to the public in order to recoup their expenses.

By JCAC's own account, after the foals were born, they had 80 head of horses.

19 were sold at Napoleon Livestock in September.

7 were sold at Tom Moore's in Onsted on October 6.

10 were sold at Napoleon Livestock on October 20.

Now, Tom Moore's catalog announces 34 will be sold on November 4 at the MSU Pavilion.

Where are the missing 10 horses that JCAC is required by law to SELL to the public to recoup the taxpayers money, not give away to volunteers, friends or family?

Who's in charge?

2007-10-24T13:03:00.000-04:00

State officials "we" have been able to reach have referred us back to Jackson County officials as far as finding who JCAC is accountable to.

These are the email addresses of the Jackson County Board of Commissioners. This is publicly available information. Write to them and demand an explanation for the condition that horses in JCAC's care are in. Demand accountability. Demand a third party investigation of the premises which JCAC found unsuitable for horses, but has not removed the horses from. We need the investigation done prior to the final scheduled auction on Nov. 4, so time is of the essence!

Jackson County Board of Commissioners
CHerl@co.jackson.mi.us
DLutchka@co.jackson.mi.us
PDuckham@co.jackson.mi.us
ejpolesk@co.jackson.mi.us
JVideto@co.jackson.mi.us
JShotwel@co.jackson.mi.us
GMahoney@co.jackson.mi.us
mbrown@co.jackson.mi.us
PASmith@co.jackson.mi.us
mway@co.jackson.mi.us
delwell@co.jackson.mi.us

Copy to acting County Commissioner:
RTreache@co.jackson.mi.us

Let them know how you feel about the documented parasite infestations found in JCAC horses, about the lack of farrier care, about the ribs and other bones plainly in sight. Obviously, it would be best if you've been to one or all of the auctions, or have hands-on contact with one or more horses purchased at the auctions. Photos, like the one of Slim at the top right of the blog, are compelling but irrelevant to officials ... let them know if you have put a hand on one of these horses and felt the bones yourself, or if you have documentation in hand of the fecal results.

Objecting to JCAC's actions.

2007-10-24T11:56:00.000-04:00

I am attempting to determine public interest in an upcoming peaceful protest and information dissemination.

If you would like to be involved, please email me privately.

xpButtercup -at- gmail.com

This is unrelated to the pending legal case against defendants Matthew Mercier or James Henderson of the Turn 3 Ranch, the accused who have not yet faced trial. This is simply to discuss *alleged* neglect at the hands of Jackson County Animal Control as evidenced by the condition of the horses auctioned 6-7 months after seizure. You do not have to support the defendants in order to participate. -- XP

How YOU can help.

2007-10-23T19:37:00.000-04:00

People have been asking me what they can do about JCAC's handling of the Turn 3 horses. Regardless of what they believe to be true about the accused, they are as appalled as I was to see the condition of the horses that JCAC sold at auction 6-7 months after the farm seizure.

Here's what EVERYONE can do:

Write a handwritten letter. Mail it in an envelope, with a stamp. (A mailed letter will get more attention than 20 emails.)

Send it to these people:

Kevin Ragan, News Director
WILX-TV
500 American Road
Lansing, MI 48911

Kaci Lyons, Producer
WILX-TV
500 American Road
Lansing, MI 48911

Beth Shayne, Reporter
WILX-TV
500 American Road
Lansing, MI 48911

Richard Ramhoff, President and Publisher
Lansing State Journal
120 E. Lenawee St.
Lansing, MI 48919

Michael Hirten, Executive Editor
Lansing State Journal
120 E. Lenawee St.
Lansing, MI 48919

In the letter you should reference you read an article/saw a news story on _____ date and discovered errors in the facts presented, and an unbalanced slant to the story. You feel it is the responsibility of the media to present a more fair and balanced representation of the story. Present a summary of your side of the story and your stance.

Do it immediately! If you wait, you will forget. We want media coverage before the final sale of Turn 3 horses on November 4 at the MSU Pavilion. Your letters are needed TODAY.

Here's what people who witnessed the auction horses firsthand can do:

Contact Kristin Longley at 517-768-4917 or email klongley@citpat.com and express your feelings about the condition of the horses. I am under the impression that she is writing an article that will be in print before the end of next week, so time is of the essence.

If you are a resident of Jackson County, Michigan:

Write your county's board of commissioners. Demand accountability for the expenses claimed and actions taken by Jackson County Animal Control and accountability for the conditions of the horses six full months after seizure.

Truth be told.

2007-10-22T10:47:00.000-04:00

Time to share an article from an "agriculture activist," someone who can discern a working farm's cattle dog from a pampered toy pooch that pop stars carry around in a pink purse with Swarovski crystals on its pink spiked collar.

Truth Be Told

Exploding the myths, misconseptions and untruths about American agriculture.

Monday, October 22, 2007

The school of Hard Knocks

I have said it before but I have never said it louder, the true danger of the urbanization of America has nothing to do with the paving of prime farmland with concrete but everything to do with the urbanization of our nation’s thinking. You and I have voiced our frustration about the kid who doesn’t understand where his milk comes from but after you read this, I think you will have a much better understanding of how deep the disconnect truly runs.

I was recently contacted about an abuse of justice in the state of Michigan. While investigating the original incident, I have since learned about two cases in Michigan that started in a similar manner. The first one involves the Mills family in the thumb of Michigan. One day in March of 2007 during an illegal search of the Mills family farm, a dead horse was found. In what was recorded as a bad weather winter in Michigan, the family was waiting for the ground to thaw in order to bury the horse. In case you don’t know, it is virtually impossible to get a rendering truck to pick up a dead horse so waiting was the only real option.

Based on the discovery of the dead horse, felony animal abuse charges were filed against the entire family and the oldest daughter lost her crown as county 4-H queen. I need to emphasize that she lost her title as queen based on alleged charges of animal abuse. During the course of the summer, all felony animal abuse charges were dropped, primarily because the judge in the case happened to raise sheep and the arguments she heard made absolute sense as to the normal care of livestock on a farm in this country. Unfortunately, because of the publicity of the event at the time of arrest, the Mills family still feels the glare of community members that consider them to be animal abusers despite the outcome of the trial.

The second case is still in the court system and at this point the two individuals involved have not been so lucky as to find anyone in the judicial system that understands livestock agriculture. Matt Mercier and Jim Henderson have built a herd of racing horses. Not in the sense of a race track but rather horses that compete in barrel races. In March of this year the two men reportedly had 69 horses on the farm they lease near Grass Lake in Jackson County, Michigan.

I traveled to Michigan several weeks ago for a speaking engagement but I had intentions of going to Grass Lake to research this case myself. Upon arriving in Michigan, I casually polled people about the Grass Lake case. Everybody I asked had heard about it and they all (I am talking about ag folks now) indicated that the situation sounded awful. Come to find out, even though the criminal trial is scheduled for court on Dec. 3, 2007, the court of public opinion has already convicted these guys. I, however, from first hand experience and information I gathered about the situation, found these two guys to be poor managers but far from animal abusers.

You can find statements like the following in the press since the March 2007 impounding of the horse farm. The director of Jackson County Animal Control (JCAC) Kim Luce stated, "The survival rate right now is pretty good. There's still exceptions when we start treating such as worming them can cause adverse reactions."

Luce told the first horse rescuer, Bradley Chaltry, and the press that the horses had not been fed or watered for six months. Chaltry, who owns Ponies are Us and Ratcliff Animal Rescue Services, made the following testimony in court:

“Yeah, ain’t been fed and watered for six months. At that point I was wanting to breed my horses to it because you got a great horse if you don’t have to feed and water it for six months and it’s still alive. I mean, pardon me for that, but…”

At that point, Chaltry was interrupted by the prosecutor. He also said, still under oath, that after being called to come and assist with these allegedly severely starving horses, “We were wondering kind of as to why we were there.”

Chaltry indicated that 90% of the horses were in ideal condition and only 4 were thin, due to normal winter conditions combined with age factors, a couple of worming issues and one injury. Dr. Bob Shray, a large animal veterinarian of 28 years, testified that nothing was occurring on this farm other than normal animal husbandry and a lack of picking up junk at the farm. Shray reminded the court that any time you have a living animal, there is a chance that they could die. Despite the testimony of an industry professional, the court felt that it knows better how animals should be cared for than to take the word of a trained animal care specialist. If a veterinarian isn’t able to determine the well-being of a horse, how can someone who has no training or experience in the field? Yet these folks are calling the shots that affect the future of food production in this country!

First off, the Jackson County Animal Control did not like the report either of these professionals gave to the court so they replaced both of them. In fact, they found a replacement Animal Rescue organization that viewed the negative press as a potential revenue harvest of human emotions and stepped in. Laura Steenrod of Leelanau Horse Rescue stepped in and took over management of the horses. Incidentally, her operation is 200 miles away from the farm. But even admitted her intentions to the press in saying, “I've probably tried to field over 100 phone calls in the last 24 hours. People willing to donate anything from farmers with large quantities of hay willing to bring us large quantities of hay. However the primary concern at this time is monetary donations.”

I see this as the most serious case of legal abuse I have ever personally witnessed. Two individuals have more horses (69) than anybody in this snooty community think can be given personal attention. The judge, in a civil judgment, indicated that all horses should have a stall and maybe even the used blankets, as opposed to new ones, contributed to mistreatment. Based on this civil judgment hearing, the judge gave the Jackson County Animal Control authority to seize all equipment including $15,000 worth of horse tack plus pickups and trailers from the farm. What role does this equipment play in an animal abuse case and why is it able to be offered up as sacrifice in this case?

There is a sign at the front gate of the farm today that reads “No Trespassing; Visitors by appointment only by calling Leelanau Horse Rescue or send you donations directly to their address.” I called Ms. Laura and tried to schedule an appointment and she told me she had turned custody back over to JCAC three months ago. When I asked her why her sign is still up asking for donations she told me she needed to get that down. I inquired as to whether donations were still coming in and she said, “Well, yes, some of them take a while to trickle in”. Of course the fundraising in the name of animal welfare never seems to end.

The bottom line to this saga is this, two individuals are facing prison time because they were treating horses like horses instead of the family dog. Most of the facts I have gathered have come from local cattlemen who understand that what is happening to these two guys could happen to any one of us. Where is the uproar by the local livestock owners? Where is the Michigan Department of Agriculture? Oh, wait. They have been notified only to say that they have no control over local animal control officials. Urbanization is coming to your area sooner than you think. Wouldn’t you rather fight it somewhere other than your own soil? Matt and Jim understand that thanks to the oldest school known to mankind, the school of hard knocks.

Trent Loos is a sixth generation United States farmer, host of the daily radio show, Loos Tales, and founder of Faces of Agriculture, a non-profit organization putting the human element back into the production of food. Get more information at www.FacesOfAg.com, or e-mail Trent at trent@loostales.com.

Thank you, Trent. So good of you to research this case yourself rather than depend on other news outlets to present the facts.

Time to set the media straight.

2007-10-21T13:59:00.000-04:00

This is going everywhere. If you have an email address of someone who needs to read it, post a comment.

Last night I attended a public horse auction of animals seized by Jackson County Animal Control this March. This years' foals, born after the farm seizure, looked appalling.

You could see and feel all of their ribs, on every young weanling there. They have "foal fuzz" still, which normally sheds out within a few months to a sleek summer coat, giving way to an insulating winter coat by this time of year. They had no fat layer, you could see their shoulder and hip bones plainly.

In contrast, they all had huge bloated bellies from an apparent infestation of internal parasites. They were listless and dragged their toes when they walked. Several dropped from stress and exhaustion.

See them for yourselves at the final auction on Nov. 4 at the MSU Pavillion, East Lansing.

Now answer me this, who will report Animal Control for neglect?

Disgusted!

2007-10-21T08:39:00.001-04:00

Last night I attended a public horse auction. Some of them had been seized by Jackson County Animal Control back in March for neglect. They looked okay. But these weanlings were born weeks and months after the seizure, so no one has handled or cared for them except AC and their volunteers.

You could feel ALL of their ribs, every young weanling there. They have their "foal coats" still, normally they shed those out within a few months and should have had a summer coat giving way to a winter coat by this time. They have no fat layer, you can see their shoulder and hip bones, their rump sinks on either side of the tailbone where nearly any horse would have a fat pocket.

They ALL had wormy bellies, but there was one poor colt there, that if you didn't know he was a weanling and a stud colt you would think he was pregnant ... just a sickening infestation of internal parasites. They were listless and dragged their toes when they walked.

Now answer me this, who will report Animal Control for neglect?

OMG babies!!

2007-10-20T15:15:00.001-04:00

Reports are coming in from Napoleon that this years' foals are in the same condition as the other horses we've seen come through the two prior auctions.

Mind you, the defendants have had NO control over the care or condition of these weanling horses; they've all been born since the Jackson County Animal Control seized the farm early this spring.

Now, who knows someone in the major media that isn't completely horse-ignorant and is not afraid to make the claim: JACKSON COUNTY ANIMAL CONTROL NEGLECTS BABY HORSES

Who wants to guess at what these babies will sell for at a public livestock auction? I'll have figures tomorrow. They could have been permanently stunted by this apparent lack of basic care in their early months.

Are the caretakers really that horse-ignorant that they don't know the difference between a hay belly and an internal parasite infestation (wormy belly)?

When a horse is in ideal or moderate condition (a 4 or 5 on the scale), the fat layer is fairly evenly distributed. A skinny horse with worms will have a distended belly that appears fat, but no fat layer along the spine or hip, a tiny neck that gives the appearance of a big head, and often little or no muscle tone.

With their breeding, $10,000 champion stallions and $5,000+ proven mares for parents, these babies should have excellent muscle tone at their age, from running and playing with their pasturemates, shiny and sleek with a glossy winter coat coming in over a nice healthy amount of winter fat padding. IMHO they look as if half of their feed went straight into their intestinal worms and they were left with barely enough energy to walk.

Here are some healthy, happy 2007 foals to illustrate what a well maintained young horse should look like at this time of year:

beautiful BS APHA and Appendix AQHA fillies owned by CQ

See the difference? These fillies have clearly had exercise and quality care. They are in great shape to head into one of Michigan's harsh winters. Look at the muscle definition, the round but not bloated bellies, the healthy alert look. At five months old, they've gotten a great start in life, with optimal nutrition and exercise for their rapidly growing bodies.

What happened, JCAC?
This weanling has such a distended belly, it looks much like a pregnant broodmare!

I've always been outspoken.

2007-10-17T16:23:00.000-04:00

No red text this time ... it's all me. This is a response to quite a long thread that was going on at the time, back in April, when sketchy details were all we really had to work with.

Grass Lake - animal cruelty, or personal rights?
Apr 10, 2007, 2:09pm

I think it is less to do with whether we "like" or "don't like" Animal Control or the rescue group in this case ... but if we believe that any government or private entity has the RIGHT to seize real estate and personal property.

Across the varied reports, there have consistently been THREE horses that most agree were in poor condition, two aged mares and a young mare who had been sick and was recovering.

While it is OPINION thus far if these horses were neglected, starving or simply unfit, and there are many varying opinions on this, I simply see NO GROUNDS for the confiscation of 66 otherwise healthy (if underweight) horses.

It is my OPINION that no government or private organization has the RIGHT to take over ownership of someone's personal property (pets and livestock being property of the individual[s] who own them) due to what their OPINION of suitable or unsuitable fencing or living conditions.

Where is the documentation that the owners had been warned that their property was in violation? Is there a legitimate violation of any LAW? There are ordinances regarding livestock fencing requirements. The types of fencing I have heard reported, seem to be within guidelines, even if far from ideal.

You open a big nasty seething can of worms that's real hard to close when you start letting the public determine what is best for individuals. Got a founder-prone horse on a dry lot with limited feed? That's cruelty, to an uninformed citizen. Got a ribby, swaybacked, aged broodmare? That's a starving horse, to an ignorant bystander.

I've said it before ... IF the truth comes out that these horses' owners were really neglecting these horses, by LAW, then they should be punished to the full extent of the law.

Would you stand by and let someone take your whole herd because one was sick? Would you watch them take your neighbors pets because your trash blew into their yard? Yeah, it borders on the ridiculous ... but just look at some of the "laws" we have these days. In some places, it is a FELONY to put your old, sick dog out of his misery. Punishable by PRISON time. Because you didn't want your dog's final memory to be a car ride and a cold table in a vet's office ... or because a bullet costs a tiny fraction of the price of a vet's needle. Whatever your reason, it is irrelevant. Someone made it law that you can't shoot your dog. If it gets loose at night, gets hit by a car, is writhing and maimed in the road, and an emergency call to a vet won't get a response for an hour or more, it is still a FELONY to shoot that poor dog. It shouldn't be.

I'm opinionated. You're all welcome to yours. I do not feel that the media is presenting a fair and realistic story.

I feel that animal control would not be involved if it were 3 horses worth a combined total of $1,000 in the exact same living conditions. But we're talking about potentially tens of thousands of dollars worth of mostly healthy horses. Several people have expressed feelings that AC is corrupt, greedy, out of bounds.

It doesn't add up.

{more}

I'm not on the owners' side ... I don't know them ... but I am vehemently against the THEFT of personal property by a government body or private group without DUE PROCESS or just cause! Remember that these guys are innocent until PROVEN guilty ... this is America ... we don't expect the police to come into our houses and take what they want, do we?

I've seen pictures posted on this very board of horses that looked worse than the poorest of the Grass Lake horses we've seen ... people here post about not being able to afford hay, or vet care ... God knows I've been there ... people allege that so-and-so has no right to own horses, tales of horses being 'rescued' in the night ... I'm just baffled at the tales of AC turning a blind eye to true neglect and then suddenly in this case we are just supposed to believe that AC is justified.

I ain't buyin' what they're sellin'. I'm waiting to see the facts come out.

{more}

Whose business is it of anyones if someone has 7 horses, 70 or 700? NONE. As long as they are being cared for by someone. I can't ride 3 horses at once, why do I need 3? Some people have horses that they don't or can't ride, some board at stables and hardly ever visit ... NONE of that is anyone's business but their own.

Wondering how many hay bellies are being mistaken for pregnancies ... if the owners say that 10-11 mares were bred. Where is the data to support that 30 or 39 mares are nearing parturition?

There we go. I've learned a lot more about the case since April. But I think I had it pegged pretty well even then.

False witnesses?

2007-10-16T20:57:00.000-04:00

Even people with "eye witness" experience can be completely out of touch. Case in point, this message board entry I found the other day, posted back on 3/31:

69 horses abused and unfed for 6 mos

Has anyone heard the story of these horses located here in Jackson, MI? Here's a link to the local story... Link is dead, but it was one of those stories I've dissected already, media article full of exaggerated claims that tug at your heart and wallet.

I went out there yesterday to sign up as a volunteer and it's horrible. These animals have been left without food and fresh water for over six months. No, they weren't. Documented in testimony. Besides, not even possible. Plus, the stallion had access to all the mares and of the 69 horses, 30 are pregnant. No, he didn't, and no, they weren't. Two of the pregnant mares are only yearlings. IF there are any pregnant yearlings now, it happened on JCAC's watch. Dead horses litter the place, including foals that were born during the winter. Now, whoa there; dead horses litter the place? Who told you this? I know you didn't see it with your own eyes. Several horses were in a small paddock with attached barn. They are using small front loaders to remove the manure out of the barn, creating huge piles of manure that are 6 feet tall. I'm not surprised, 69 horses poop a lot. The smell of the place will knock you off your feet. Wonder if that smell has anything to do with volunteers flooding the barn and making manure soup. Hmm.

Maybe she did visit the farm, but the paragraph above sounds remarkably like the story that the media was being fed, and NOT the truth as revealed by pre-trial testimony. Look it up. No horse would survive a month, much less six months, without food or water. There were never 30 pregnant mares. The studs were kept separately until rescue workers let them in with the mares and fillies. There was a dead yearling on the premises awaiting disposal that had died of colic, and after or during the seizure, one broodmare aborted her foal. I guess I never saw any testimony as to how tall any manure piles were. I'll get right on that.

There are old injuries that were never treated and have crippled some of the horses. There was a gimpy paint that had a vet appointment to be seen, and another horse with a wire injury that was being cared for and also had an appointment with a leg specialist. These appointments were allegedly cancelled by JCAC. The paint was apparently seriously injured after the seizure, when the studs were released. It's heartbreaking. They are looking for the two men who own the place. They think one is out of the country and the other is hiding. Read the transcripts. The one is hiding is a probation officer for a nearby county.

According to the animal control officer, there are anticipated criminal charges coming from the city, county, state and even federal. Hopefully there will be some real teeth in the prosecution of these two men.

There is a web site for the ranch where these horses are located. They claim only the highest quality barrel racing horses with only the best bloodlines. Check it out at: Turn3Burn Ranch Link removed. Wrong name, wrong website, wrong farm, wrong horses. I'm sure they'd like to thank you for your publicity.

It's a very poor website and doesn't look like it has been updated since 2002.

The county animal shelter is very overwhelmed by this sudden influx of sick horses. They were apparently already overwhelmed by their own record of filth and disease in their delapidated shelter. Here's an idea: don't seize 60+ healthy horses! They are asking for everything, volunteers, food, medical supplies, and cash. Not really... they want cash or round bales only. Volunteers turned away. Goods and services turned away. Told to send a check instead. If the rescue is a 501c3 organization, why did many people not get receipts for their donations? Why were some told to deliver hay to a different location? Why were they told to send money to a post office box in another county?

A few of my friends and I are going to organize some fund raising in the local tack and feed stores.

Disgusting.
__________________
Jerri Munn, Photographer

Sorry, Jerri. I don't doubt you were there, but I do doubt the validity of your claims. They are simply in conflict with the established facts of the case.

People are talking.

2007-10-16T11:02:00.001-04:00

This case is being discussed on message boards across the country, and not just horse boards.

If you've seen a forum or thread about the case, please post the URL in the comments!