Members of the self-titled Turn 3 Army drove down ice-covered highways to show their support for Matt Mercier and James Henderson as the Michigan Court of Appeals heard opening arguments.
Court of appeals hears arguments in Grass Lake horse case [link]
Steven Hepker | Jackson Citizen Patriot | Jan. 13, 2009James Henderson said he did not visit his Grass Lake horse farm in the first quarter of 2007.
Jackson County Assistant Prosecutor Jerrold Schrotenboer argued Tuesday that a jury should get to decide if some of his animals were tortured in that time either intentionally or as the result of "conscious disregard."
"The torture statute is a general-intent statute," Schrotenboer argued before the Michigan Court of Appeals in Detroit. "The Circuit Court got it wrong."
In other words, torture can involve active participation or inaction.
Circuit Judge Chad Schmucker last year dismissed animal-torture charges against Henderson and farm manager Matthew Mercier. In a parallel civil case, Circuit Judge Thomas Wilson overturned a ruling by District Judge Joesph Filip that ordered Henderson to forfeit his herd of 60-plus horses to the county.
Although charges involved just three horses, the county seized the entire herd in March 2007 and eventually sold them at auction for a fraction of what Henderson claimed they were worth. About 80 horses sold for $50,000.
Defense attorney Michael Dungan said Henderson did not consciously disregard medical problems with the three horses because he was not aware of them.
Henderson was an absentee owner and Mercier ran day-to-day operations, he said.
That's what I've seen so far in the media. Will update with witnesses' accounts of the first day in court when supporters return home and send updates.
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