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.

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