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.