Justice for Turn 3 Ranch

Posted By Turn 3 Army on March 10, 2009

Across Michigan and many other states, early spring rains have created muddy pastures which freeze and thaw at the whim of Ma Nature.

Many have reported flooded stalls and poor drainage due to the frozen ground just below the slop. Horses will be horses, and many enjoy a roll in the mud, coming up nearly unrecognizable to their doting owners, with clods of clay stuck in their still-thick shaggy winter coats.

March has thus far come in like a lion indeed, tangling even neatly trimmed manes and tails into nearly hopeless wind snarls. Horses appear to have dramatically lost weight when the rain and wind plaster their fluffy hair coats flat to their sides.

This is common. This is not neglect.

Yet to the animal control officers in many areas, who are not required to have any livestock husbandry training, and to some of your rural neighbors who didn’t grow up in the country, this could be considered abuse. Officers may not even need to seek a search warrant before entering your property.

Due to a fence or gate failure, which is likewise commonplace with flight animals and fencing materials which age quickly with time and the elements, you could be facing animals at-large charges, even if those animals never leave your yard.

An older horse that thrives on a grass diet but has seasonal issues from months of coarse, dry hay will fatten up again within a few weeks—but in this lean pre-green season, could lead to cruelty charges for you.

It’s March again, and it’s time to remember that what happened to Turn 3 Ranch could happen to any of us. In March 2007, this saga began quietly. Earlier this year, the case roared to life again as the appeals court reversed rulings by the local courts which should have been upheld. Testimony given in prior hearings was apparently ignored, except for unfounded allegations made by the prosecution.

Please share this blog and the Turn 3 Ranch Facebook page with your friends. We need to share this story with as many people as will listen to help ensure it doesn’t happen to one of us next.

Category: Turn 3 Ranch | 1 Comment »
Tags: horse fence, horse health, horse neglect

Posted By Turn 3 Army on March 6, 2009

Not much to report on the case these days.

However, if you’d like to help add to the blog following to spread the word of the case history, check out NetworkedBlogs on Facebook, and follow this one:
http://apps.facebook.com/blognetworks/blog/justice_for_turn_3_ranch/

You can also interact on Facebook with the Support Turn 3 Ranch Page, Group and Cause.

Category: Turn 3 Ranch | 1 Comment »
Tags: Facebook

Posted By Turn 3 Army on February 13, 2009

I have another blog titled All Horses which covers other alleged neglect cases, skinny horses vs. obese horses, the slaughter debate, and more.

If there’s nothing new in the Turn 3 Case to read here, please feel free to visit All Horses and catch up on other horse news.

Category: Turn 3 Ranch | No Comments »
Tags: allhorses

Posted By Turn 3 Army on February 10, 2009

More press coverage without adequate disclosure of the whole story.

Michigan Appeals Court Reinstates Horse Torture Charges [link]
Pat Raia | Feb. 10, 2009

The Michigan Court of Appeals has reinstated criminal charges in a case involving 69 horses in Jackson County. In a 12-page opinion released Feb. 3, a three-judge panel reinstated three felony counts of animal torture against Matt Mercier and James Henderson Jr. on grounds the pair willfully failed to seek necessary care and treatment for the horses. The panel also ruled that the seizure of the horses was lawful.

Henderson and Mercier were originally charged with the felonies and three misdemeanor animal abuse counts in March 2007 after Jackson County animal control officials seized the horses belonging to Henderson from a ranch operated by Mercier. Following the seizure one horse was euthanized and three were adopted out. A District Court judge later ordered the remaining horses sold at auction to defray the county’s cost of their care.

But last May, a Circuit Court judge ruled that the horses’ forfeiture was improper, and ordered that Henderson be reimbursed for the horses’ value. In August, another Circuit Court judge dismissed the criminal animal-torture against the pair on grounds that the District Court erred in finding probable cause in the case.

The Appeals Court opinion reverses both Circuit Court rulings.

“I feel vindicated,” said Jackson County Assistant Prosecutor Jerrold Schrotenboer.

But Henderson’s attorney Michael Dungan called the opinion “frankly frightening.”

“It means that the owner of an animal is subject to liability without knowledge or fault,” he said. “This ruling affects every single person in Michigan who owns an animal.”

Dungan said he and Mercier’s attorney Susan Meinberg will appeal both the criminal and civil forfeiture cases to the Michigan Supreme Court.

Readers of The Horse should know that the Michigan Court of Appeals found that things like hose laying in the field to be dangerous hazards for horses that justify neglect charges.

Our horses play with the water hose and pull it out of the tank when we’re filling the 100 gal. Rubbermaid … I don’t know of anyone who doesn’t have hose in their pasture on a regular basis.

That 12-page opinion cited sources since proven false. Indeed, it is unknown if the court actually read the sworn testimony of experts that contradicted the allegations made by the prosecution. To the contrary, they claimed that animal control officers are horse experts when the testimony certainly does not support this assertion. More details of the written judgment coming soon.

This is a very serious issue for all horse owners, when “a few inches” of manure in a stall is used to justify seizure and forfeiture of livestock. Have they seen the volume of manure one horse produces in 24 hours? Have they attempted to muck out a stall in -15 degree weather? (If the stall has a dirt/clay floor like most do, good luck with that.)

Many horse owners, especially those with a number of animals, do a seasonal run-in shelter cleaning by scraping out the structure with a tractor, sometimes removing over a foot of compacted manure. It does not hurt horses to stand in (or on) manure. It’s not pretty, but it’s not grounds for taking otherwise healthy animals from their owners.

Have you been to a cattle farm? Can you imagine the cost of beef and pork if there was such an ordinance in place for cows or pigs?

Stay tuned.

Category: Turn 3 Ranch | No Comments »
Tags: felony, horse neglect, Jackson County, Jackson County Animal Control, James Henderson, Jerrold Schrotenboer, Matthew Mercier, Michael Dungan, Michigan Court of Appeals, Susan Meinberg, TheHorse.com, torture

Posted By Turn 3 Army on February 4, 2009

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.

Category: Turn 3 Ranch | No Comments »
Tags: Associated Press, Battle Creek Enquirer, David Eggert, Detroit Free Press, horse health, horse neglect, Jackson County, Lansing State Journal, malnourished horses, WILX, WLAJ, WLNS

Posted By Turn 3 Army on February 4, 2009

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

Court reinstates charges against horse farm [link]
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.

Category: Turn 3 Ranch | No Comments »
Tags: Associated Press, David Eggert, horse health, horse neglect, horse slaughter, Jackson County, James Henderson, Lansing State Journal, malnourished horses, Matthew Mercier, Michigan Court of Appeals

Posted By Turn 3 Army on February 4, 2009

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.

Category: Turn 3 Ranch | 1 Comment »
Tags: Elvis, Hank Zavislak, horse slaughter, Jackson Citizen Patriot, Jackson County, Judge Chad Schmucker, Judge Joseph Filip, Judge Thomas Wilson, Michigan Court of Appeals, Summer

Posted By Turn 3 Army on February 1, 2009

For nearly two years of exposing the county government’s horrible mistakes in seizing the Turn 3 Ranch, I’ve been countering the same basic argument from time to time, phrased in different ways: “The county wouldn’t have taken the animals if they weren’t in danger.”

If you think that animals are never confiscated from owners without just cause, think again.

ABC’s 20/20 investigates SPCA:

(story continues)

It is simply un-American that pet owners in Texas cannot appeal when their property is wrongfully seized by power-tripping frauds like Garcia and those he employs to do his bidding. It is un-Constitutional.

They are stealing pets that are healthy and well cared for, and selling them. They are no better than horse thieves. They are indeed worse, as they are duping the public and receive donations from hard working pet lovers who think they are helping to end abuse.

Can you even imagine having your dogs taken because there was a hidden, old pile of poo in a corner of your yard? Did you notice that one of the “reasons” they cite for seizing animals is the presence of feces in their living quarters? Can you fathom the insanity of this law that allows activists like Garcia to steal and sell your pets without proof, without veterinary supervision, without you having the chance to exercise your right to appear in court and testify?

A recent article provided sobering proof to my allegation that in America, the value of a human life has become far less than that of an animal in the eyes of the general public.

In the article, we learned that a man who had been living in his car because he could not afford to heat his house had frozen to death. It went on to say that authorities had found he had two dogs on the property who had also perished.

One of the comments posted to the brief article simply included these two words: “Poor dogs.”

Category: Turn 3 Ranch | No Comments »
Tags: Society for the Prevention of Cruelty to Animals

Posted By Turn 3 Army on January 14, 2009

Another article in the Jackson Citizen Patriot today:

Horse torture appeal begins [link]
Steven Hepker | Jan. 14, 2009

James Henderson Jr. 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 does not require active participation.

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 Joseph 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 sold about 80 horses (including colts born later) 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.

Dungan cited Elvis, a horse that was discovered with a broken pelvis on April 11, 2007, three weeks after Henderson and Mercier were banned from the farm.

“They believe he was trampled,” Dungan said.

Regarding the other two horses, the veterinarian who responded initially for Jackson County Animal Control did not seek further care, Dungan said. One horse, Ice, had an infection in its leg caused by wire that was not detected, and Moose, an aged horse, was underweight because older horses lose mass, especially in winter, Dungan said.

Henderson plans to sue the county for the loss of his horses and other damages, including the loss of his job. He was fired as a probation officer in Washtenaw County last summer because of his legal problems.

Tuesday, after the hearing, Henderson said he has stepped up his competitive horseback riding and is winning awards as a barrel racer. He uses a number of horses kept at various ranches but no longer has horses in Grass Lake, he said.

The American Humane Association, the Michigan State Bar Animal Law Section and Leelanau Horse Rescue filed amicus briefs supporting prosecutors. Attorneys for those groups were not allowed oral arguments Tuesday.

Henderson and Mercier also arrived with a contingent of supporters who accuse Animal Control of riding roughshod over livestock owners, writing tickets for frivolous complaints and treating farm animals like pets.

The group plans an open forum for all livestock owners from 3 to 6 p.m. Sunday at Capone’s Family Restaurant in Brooklyn. Topics include government intervention on farms, court cases affecting farms, proper animal care and strategies to protect livestock and their owners.

Thank you, Jackson Citizen Patriot, for being one of the few major media outlets to print information from both sides of this controversial case.

Many in the local horse community have known there was more to the story from being instinctively suspect of the impossible situation initially reported. When you report that a herd of horses was abandoned without food or water for six months, you’re bound to raise eyebrows.

Yet those of us who bothered to find out what really happened before, during and after the farm seizure still face ignorant backlash from people who didn’t know better than to question the incredible news.

We will continue to spread the truth.

Category: Turn 3 Ranch | No Comments »
Tags: Michigan Court of Appeals

Posted By Turn 3 Army on January 14, 2009

It could be up to six months before a decision is entered.

Appeals Court Ponders Michigan Abuse Case [link]
Pat Raia | Jan. 14, 2009

Lawyers on both sides of a controversial horse abuse case appeared before the Michigan Court of Appeals on Jan. 13 seeking a decision on whether felony animal cruelty charges against James Henderson, Jr., and Matt Mercier should be reinstated.

The appeal is the latest twist in the case which began in March 2007 when the defendants were each charged with three counts of felony animal torture and one count of misdemeanor animal abuse after Jackson County Animal Control authorities seized a total of 69 horses owned by Henderson from a ranch operated by Mercier.

Following the seizure, one horse was euthanized, and three were adopted out. Jackson County District Court Judge Joseph Filip ordered the remainder sold to defray the county’s cost for their care.

But Filip’s ruling was overturned–after the sale had occurred–when Circuit Court Judge Thomas Wilson ruled the forfeiture improper, and ordered that Henderson be reimbursed for the horses’ value.

Prosecutors petitioned the appeals court after Circuit Court Judge Chad Schmucker dismissed the criminal animal torture charges against both men on grounds that the District Court erred in finding probable cause in the case.

The appeals court judges heard no arguments and asked no questions during the proceedings, said Henderson’s attorney, Michael Dungan.

“They left nothing to indicate how they were leaning,” he said.

Jackson County Assistant Prosecutor Jerrold Schrotenboer declined to comment on the proceedings.

Whatever the ruling, either side can appeal to the Michigan Supreme Court.

Lives continue to be on hold indefinitely.

Well, except for the lives of the horses that Jackson County sent to slaughter.

Those lives should weigh heavy on the conscience of the individuals responsible for such an ignorant decision: sending “rescued” horses through a small livestock auction barn.

With the racing bloodlines raised on that farm, a simple online auction would have brought top dollar from buyers from across the country.

Photos of the animals and word of mouth would have kept “nameless” horses such as Rugged Red Bug off the one-way trip truck to Canada. She was just a number to Jackson County Animal Control.

But the animals were liquidated like the contents of an old lady’s closet after her death. Here’s a box of something; could have a diamond ring in it, could be a half-used box of disposable undergarments. We don’t care what it is or what you do with it—as long as you’re not going to turn around and give the items back to the nursing home—they owe us money and although the coroner said she died of natural causes we think they had something to do with it. We’re going to keep harassing them until they’re out of business, even though we have no proof.

Michigan Court of Appeals will enter a written decision sometime in the next months. Like the crowd of supporters packing the courtroom in a display of solidarity that the court had never seen, I hope that the court will uphold the fair decisions of Judge Wilson and Judge Schmucker, and that Jackson County will cease their baseless attacks on horse and livestock owners. We know that Animal Control has continued to harass rural citizens while dogcatching duties take a back seat to chasing cows and intimidating people who graze their horses in their yards.

There will be an informational meeting this weekend for those in Jackson County and also surrounding counties who are also at risk of losing their personal rights due to the actions of unqualified individuals in positions of undeserved power.

(click to enlarge)

I hope you will be vigilant in your own communities and help keep power corrupt local governments from seizing property without provocation or justification, and stand by those who are harassed even when expert testimony and evidence proves their innocence.

Category: Turn 3 Ranch | No Comments »
Tags: Michigan Court of Appeals