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David Eggert, you ignorant ass.

Yes, I'm angry.

Shouldn't journalists report the truth?

Why doesn't a writer for Associated Press check facts? Did he even Google the case before submitting this?

"Authorities in March 2007 discovered 69 malnourished horses without food or water on a farm in Jackson County."

This allegation, first published nearly two years ago, has been proven false.

While there were some horses that were underweight, most notably a mare who had been very sick, vets testified that 56 horses were in ideal or better weight.

There was hay and water on the premises, proven by the prosecution's own photos. There were witnesses who testified that the defendant bought hay from them.

How hard would it have been to look into this, Dave?

Instead, we have the following "news" outlets reporting your untrue allegation:

• Detroit Free Press [link]
  
• WLAJ, MI [link]
  
• ConnectMidMichigan.com [link]
  
• Battle Creek Enquirer, MI [link]
  
• WILX-TV, MI [link]
  
• Lansing State Journal, MI [link]
  
• Fox 28, IN [link]
  
• WLNS, MI [link]
  
• MLive.com [link]
  
• and probably more not yet indexed

I expect a correction.

XP


P.S. Where possible, I am adding in the comments:

I'm ashamed that [news source] is recycling misinformation from March 2007. These horses were not tortured. They had food and water. There was medicine and dewormer; this is all documented. Review the testimony for yourself: http://turn3vsjcac.blogspot.com/

It is important to note that Jackson County combined separate groups of horses, allowing very young horses to become impregnated *after* the seizure, allowing Elvis to be trampled *after* the seizure which was the direct cause for his euthanasia, sold horses with massive parasite loads and unkempt hooves 6-8 months *after* the seizure and even sold a number of them to "kill buyers" who ship horses to slaughterhouses in Canada.

That's not rescue. The public has the right to know.

Recycling BS

I think I will just call an article "compost" if it recycles erroneous information like this:

Court reinstates charges against horse farm [link]
Midday update
DAVID EGGERT • Associated Press • February 4, 2009 • From LSJ.com

The Michigan Court of Appeals has reinstated felony torture charges against two horse farm operators.

Authorities in March 2007 discovered 69 malnourished horses without food or water on a farm in Jackson County. The horses were found amid piles of trash, rusted auto parts and manure.

A three-judge panel released an opinion Wednesday finding probable cause to bind over James Henderson Jr. and Matthew Mercier for trial. A circuit judge had ruled there was no evidence that the defendants intended to harm horses.

The appeals court also reversed a lower court and ordered the farm's owner to forfeit his herd.

Messages seeking comment have been left with attorneys for the two defendants.

My comment:

I'm ashamed that the Lansing State Journal is recycling misinformation from March 2007. These horses were not tortured. They had food and water. There was medicine and dewormer; this is all documented. Review the testimony for yourself: http://turn3vsjcac.blogspot.com/

It is important to note that Jackson County combined separate groups of horses, allowing very young horses to become impregnated *after* the seizure, allowing Elvis to be trampled *after* the seizure which was the direct cause for his euthanasia, sold horses with massive parasite loads and unkempt hooves 6-8 months *after* the seizure and even sold a number of them to "kill buyers" who ship horses to slaughterhouses in Canada.

That's not rescue. The public has the right to know.


P.S. For that matter, the Michigan Court of Appeals written judgment was likewise "compost" -- the same old disproved arguments of the prosecution touted as fact.

Not the end.

It's not over.

Court of Appeals overturns Jackson County judges in Grass Lake horse abuse case [link]
by Steven Hepker | Jackson Citizen Patriot
Wednesday February 04, 2009, 10:38 AM

The Michigan Court of Appeals has reversed two Jackson County Circuit Court judges and reinstated criminal and civil cases against a Grass Lake horse farm.

The ruling Tuesday came just three weeks after oral arguments in Prosecutor Hank Zavislak's appeal.

In the civil case, Circuit Judge Thomas Wilson overturned District Judge Joseph Filip's forfeiture of 69 horses owned by James Henderson Jr. Wilson determined forfeiture was improper because Henderson was an absentee owner and did not have direct control of the animals.

The appeals court ruled that because Henderson owned the horses and leased the farm in E. Michigan Avenue, and care of the horses, pastures and pens were inadequate, the forfeiture was correct.

The appeals court also reinstated three felony counts of animal torture against Henderson and farm manager Matthew Mercier. Circuit Judge Chad Schmucker dismissed the charges, saying the evidence did not establish the three animals in question were tortured.

Don't think that this ruling will end the fight for justice in this case.

Jackson County should not have seized the horses. The problems were minor, common, fixable and being addressed. Animal control made things far worse with their inept handling of the herd.

Never forget that Elvis was trampled to death after the seizure.

Never forget Summer or the other horses loaded onto trailers bound for slaughter in Canada after the public livestock auctions.

That's not rescue.

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.

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?

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.

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.