We're looking for your testimonials.

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.

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.

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?

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.

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?

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.

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

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

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

View the Right to Farm Act.


Why is this important?

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

From P.A. 93:

Sec. 4.

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

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

What are the GAAMPs for equines in Michigan?

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

A few excerpts:

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

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

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

Before and after photos.

Before the seizure. After the seizure.

Plus:

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

More photos to come.

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

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

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

Regarding felony animal torture: Moose

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

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

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

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

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

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

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

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

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

Regarding felony animal torture: Elvis

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

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

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

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

March 15—Mercier first notices Elvis has a limp.

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

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

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

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

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

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

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

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

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

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

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

Regarding felony animal torture: Ice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We're going national, too.

Get on & hang on.



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David, meet Goliath.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

More to come.

What neglected horses look like.

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

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

---

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

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

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

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

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

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

---

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

• Abandoned, emaciated horse.
  

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

• Some need help, not jail.


• Rescue needs rescuing.

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

• Neighbors think these healthy horses are "starving."

XP

I spoke too soon.

BIG update coming in the next few days.

Remember, these are the pre-seizure photos:

• Turn 3 Before

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

• Turn 3 After

Never forget.

Skinny horses, slaughter debate and more.

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

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

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

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

Lives in the balance. Indeed.

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.

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.

xp

Regarding today's canceled hearing.

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

Background

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

Applicable Law

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

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

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

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

The March 20, 2007 Search Warrant

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

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

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

Relief Requested

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

Posted with permission.

Indefinitely postponed.

Not just the case. People's lives.

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

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

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

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

The prosecutor's office appealed Schmucker's decision.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Comments welcome here and at the Citizen Patriot site.

Editorial full of thinly veiled jabs at Luce.

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

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

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

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

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

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

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

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

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

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

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

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

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

I should feel bad for her. Right?

Heartbreaking news.

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

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

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

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

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

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

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

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

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

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

I'm sorry for all of your losses.

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

Quotes from blog history:

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

LUCE:

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

"The survival rate right now is pretty good. There's still exceptions when we start treating such as worming them can cause adverse reactions," says Kim Luce of Jackson County Animal Control. (March 30, 2007) ... so, did they decide against worming them at all, then? Sickly horses at auction were infested with at least three different types of internal parasites' larvae (aka worms) and required multiple treatments to remedy. JCAC records show they spent less than $3/horse on dewormer. Quality broad spectrum dewormers such as Zimectrin Gold cost $10-12 a tube, which treats one horse. You do the math.

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

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


TREACHER:

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

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

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

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

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

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

Reorganization of JCAC leads to retirement of director

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

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

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

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

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

He said her decision to leave was a recent one.

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

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

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

Luce could not be reached for comment Wednesday.

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

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

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

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

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

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

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

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

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

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

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

They went back almost 10 years for a quote?

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

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

What a tangled web indeed.

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

Two more recent tidbits while we wait for a trial.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The extended version of the euthanasia story follows:

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

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

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

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

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

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

County officials are still looking into a possible fee increase.

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

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

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

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

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

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

As the pitchfork turns ...

When PETA hates you ...

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

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

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

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

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

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

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

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

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