Dismissed: no evidence of torture

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.