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Old 07-25-2007, 07:28 AM
 
Location: Grafton, Ohio
286 posts, read 1,587,250 times
Reputation: 164

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Some of you know about the Grass Lake, Jackson Co, MI case of "nearly 70 horses abandoned and starved" as reported by SEVERAL media sources throughout Michigan.

What they are NOT reporting is how the owners of these animals ILLEGALLY had their civil liberties stomped all over and LOSING property that was seized ILLEGALLY.

The real story is not quite that... There were nearly 70 horses on the property, but only 4 of which were in "questionable" circumstances. These animals are high quality, well bred racing stock (barrel racing, flat racing) and worth some money. This is what happened... In March, AC received a report of horses running at large in Grass Lake. They did NOT investigate the report until a week after the fact. Upon arriving, the officer arrived to find a dead horse in the driveway. She then took it upon herself to seize the entirety of the property as she felt ALL animals were in danger. It was stated publically that "all the horses were malnourished and neglected" as determined by the AC officer, but, no medical professional was brought in to verify that statement and justify the actions.

The 4 in "questionable" state were as follows: 2 very old mares that were not wintering well and were being fed more than the rest and seperately in an attempt to meet their additional needs; 1 mare that had a mystery illness and had been losing weight because of her condition, she was under veterinary supervision; 1 horse that had a cut on its lower hind leg and was being treated by the owners, they did, however, have a vet appointment scheduled because it wasn't getting better and it was on the day of the seizure, AC made the owners cancel the appointment.

The horse in the driveway passed away from natural causes, it was an older horse. It had just been placed in the driveway by one of the owners and was awaiting pick up from a livestock transportation service. That evening, the regular hay delivery man stopped in with his weekly delivery of hay. The AC officers turned them away. One of the owners was on premise but being denied access to feed the animals for the evening; finally, they allowed him to bring in 15 hay bales for horses housed seperately from the pasture horses (eating round bales), and AC seized his truck as soon as he drove onto the property. They also seized all personal property on premise, including trailers and equipment.

Within the week, AC had their county vet out to determine the condition of the animals. The vet verified there was no grounds for seizure, the herd looked as well as expected for just coming out of the Michigan winter. They then sought out a different, non-county appointed vet that would agree and justify their actions. They also looked to get a horse rescue agency involved; none of the locals rescues would take on the case, they did not see any grounds for the seizure. The Jackson AC enlisted the only agency that would response, Leelanau Horse Rescue, which was over 200 miles away. They then went on a several week ad campaign to raise donations (preferred cash, the flat out refused donations of feed and/or credit paid to feed stores) and ultimately raised over $50,000 on behalf of these horses. The entire time, turning away the hay purchased by the owners of the horses.

Within the first week of seizure, BEFORE it ever was presented before a judge, the AC department was in contact with the animal registrations attempting to get the paperwork of ALL animals signed over to them.

Upon presenting in front of a judge, the AC department lied under oath about what they found at the property, denied owners access to the property (violating federal civil liberties), and supplied a questionable list of expenses. The judge heard very good, truthful, and reliable testimonies from the defendents witnesses, INCLUDING that of the county appointed vet, several professional character witnesses, two different hay suppliers, and other vets they worked with regularly. The judge ultimately sided with the AC department ... all things aside, because if he didn't, the county would be open to a huge lawsuit.... with the words "the farm wasn't pretty," giving the impression he felt AC was justified because the farm was an eyesore (it was rented property, the owners already had a purchase contract for a new farm and were waiting for last minute fencing and housing builds to be completed before moving). THIS JUDGEMENT HAS NOTHING TO DO WITH MICHIGAN LAW ON HOUSING OR CARING FOR LIVESTOCK!

The judge is allowing the owners to retain ownership of all animals and equipment seized if they can come up with $134,000 by TODAY. He gave them less than 1 week to come up with this money. He made it clear it is about cash, nothing else. The owners are already aware they will have to forfeit everything they've worked so hard for because they just can't come up with that kind of money.

The expenses this includes:
* Projected $22,000 monthly to feed all horses, 6 round bales a day plus a 1/2-1 square bale per horse per day. (this comes out to about 90lbs for hay per horse per day... horses are not suppose to get more than 2% of their body weight in food each day, so they shouldn't see much more than 20-30lbs of food... over eating can cause very serious and life threatening illnesses)
* $1300 in T-shirt designed and purchased for volunteers
* several thousand for medical expenses of the volunteers (not horses)
* several hundred in cell phone overages
* $31,000 in salary for one AC officer
* several thousand in overtime salary
* several thousand for a private security officer
* several thousand for "miscellaneous" medical expenses that have not been itemized
* several hundred for time spent taking sick horse to see the vet (remember AC required them to cancel the original appointment?)
* SEVERAL, SEVERAL thousand already spent in hay and feed (what ever happened to the $50K in donations?!?!)

After all is said and done, the AC will making anywhere from $30,000-50,000 off the sale of these animals, plus they are looking to gain an overall $200,000 in restitution from the owners.

Conveniently, in the last two weeks, AC was featured in the local paper about needing a new AC shelter because theirs has not met Michigan code for sanitation or safety for 3 years standing. They project they will need about $250,000 to acquire a new facility - something the county just can't swing. It was publically stated when asked about a taxation to pay for a new facility that they intend to raise money for the shelter by an "alternative" method....... This ever so conveniently stated right before the payoff amount was given to the defendents.
A couple parting thoughts....
1. If the animals were TRULY in danger of being neglected, why would the judge give them the ability to retain ownership just by simply paying a fee?

2. Why would so many professional put their good name and professional business at risk by testifying on the defendents behalf?

3. Why has no one held the AC department accountable for violation of their own policy and procedure, let alone the violation of civil liberties (you cannot deny a person access to their property; you cannot seize property unless listed on a warrant and with just cause, etc)

4. Where did all the money donated go and who is accountable for the money sought after by the AC department?


How this can affect OTHER livestock owners...

This ruling, based on the farm not being "pretty," can be referenced and cited in OTHER cases throughout the state and US. (how many cattle and pig farms are considered pretty??)

That being said... someone can come onto your property, look at your animals (mind you, more than 65 horses in this case were at 'ideal' weight) and declare your animals are malnourished.

They would not have to have a medical professional to verify their claim. They would not have to have any professional livestock experience. They would not have to be a livestock professional.

With that claim, they would be entitled to seize your property, deny you access, and seize any equipment or property they felt entitled to. Meanwhile, they can rack up unrealistic charges against you... and you don't have a choice, you pay or you lose everything you've worked for. By having this case out there, the ball is not going to be in YOUR court.


You might ask what the point of this is.... well, I personally do not know the defendents, but, I have been watching the case closely. These men are besides themselves as they watch several 10's of thousands of their own investment gone in a heart beat. They thought they had a leg to stand on because they had the honest testimony of several well respected professionals in the area, plus, majority of their herd were considered 'ideal' in condition. They lose everything tonight and they will spend the so much more in the appeal process trying to clear their name of unlawful charges. Meanwhile, the county gets to benefit from seize property that was worth something..... and this is how they answer their budget crisis??

As our state hits more and more financial straights, so do our counties... I'm sure we'll see more just like this case. Counties finding a way to stick it to citizens that have something to show for their time and long term investment...... and a screwed up, unethnical system that will back unlawful actions taken. Think this couldn't happen to you?? Yeah, these men thought so, too.

 
Old 07-25-2007, 08:12 AM
 
Location: Metro Detroit, MI
3,490 posts, read 3,199,835 times
Reputation: 466
If everything you are saying here is true then this is yet another sad example of our justice system screwing the little guy and lining the pockets of whomever they choose.

I have recently been through a legal battle that I lost and it was truly a miscarriage of justice. This sounds the same. I am very sad for these people.
 
Old 07-25-2007, 08:36 AM
 
24,832 posts, read 37,344,316 times
Reputation: 11538
I had horses for many years. They looked no different coming out of a Michigan winter than going in. In fact spring was "get winter weight off time" for them and me. Something is wrong here. I NEVER let horses "just pass out and die". They were humanly put down, and a back-hoe was ready. Where there is smoke, fire is likely.
 
Old 07-25-2007, 08:49 AM
 
Location: Grafton, Ohio
286 posts, read 1,587,250 times
Reputation: 164
Default Aren't you one of the lucky ones then...

I have horses, too.

I have lost a horse to natural causes twice, both without any forewarning. They were older and their tickers just didn't have the ability to keep on ticking. For example, my neighbor lost a 30-something year old mare this past winter. She was in fairly good shape considering her age and full of life, fed senior feed and had free choice round bales, but didn't look fabulous by any means. One morning, the neighbor came out and the mare passed during the night. It was natural and out of anyone's control, it was just the mare's time... and, for the record, this neighbor is a sheriff deputy that had regularly worked along side the county AC department (ingham co) in rescue cases with livestock. I'm pretty certainly she would be capable of recognizing health concerns with her horses. A year before that, we lost a mare that I had had growing up. She was in her 20's and fiestier than ever with no signs of arthritis or any other ailments; she passed away in the early hours of a morning unexpectedly. I have also arranged for horses to be euthanized because their condition has deteriated beyond my ability to help, and I would rather let them go with dignity. I just put one of my mares to rest this past week.

I have dealt with hard keepers. Most of the horses I have had throughout my horse career have been very easy to keep in the winter, but there was one mare in particular that just couldn't hold her weight in the winter despite feed, hay, worming, blankets, teeth floating and everything else I could think of. She was older and a pasture ornament. I let her go with dignity and in good form rather than making her struggle year after year. I have also witnessed MANY other horse farms that have horses turn up a little lighter in the springtime than what they were in the winter, including a national calibur Arab breeding farm.

Is it worth ignoring the legal process and violating one's rights ... and then justifying it with a blanket statement "where there is smoke, there is fire"? C'mon.. It still doesn't change the fact that the legal process and civil liberties of these owners were thrown right out the window. It also does not take into account the testimony of SEVERAL area professionals from hay suppliers, to farriers, to veterinarians, to professional riders/trainers. Why would they put their own names and reputations on the line to show support if something was truly wrong here?
 
Old 07-25-2007, 09:16 AM
 
24,832 posts, read 37,344,316 times
Reputation: 11538
Quote:
Originally Posted by bubbagirl View Post
I have horses, too.

I have lost a horse to natural causes twice, both without any forewarning. They were older and their tickers just didn't have the ability to keep on ticking. For example, my neighbor lost a 30-something year old mare this past winter. She was in fairly good shape considering her age and full of life, fed senior feed and had free choice round bales, but didn't look fabulous by any means. One morning, the neighbor came out and the mare passed during the night. It was natural and out of anyone's control, it was just the mare's time... and, for the record, this neighbor is a sheriff deputy that had regularly worked along side the county AC department (ingham co) in rescue cases with livestock. I'm pretty certainly she would be capable of recognizing health concerns with her horses. A year before that, we lost a mare that I had had growing up. She was in her 20's and fiestier than ever with no signs of arthritis or any other ailments; she passed away in the early hours of a morning unexpectedly. I have also arranged for horses to be euthanized because their condition has deteriated beyond my ability to help, and I would rather let them go with dignity. I just put one of my mares to rest this past week.

I have dealt with hard keepers. Most of the horses I have had throughout my horse career have been very easy to keep in the winter, but there was one mare in particular that just couldn't hold her weight in the winter despite feed, hay, worming, blankets, teeth floating and everything else I could think of. She was older and a pasture ornament. I let her go with dignity and in good form rather than making her struggle year after year. I have also witnessed MANY other horse farms that have horses turn up a little lighter in the springtime than what they were in the winter, including a national calibur Arab breeding farm.

Is it worth ignoring the legal process and violating one's rights ... and then justifying it with a blanket statement "where there is smoke, there is fire"? C'mon.. It still doesn't change the fact that the legal process and civil liberties of these owners were thrown right out the window. It also does not take into account the testimony of SEVERAL area professionals from hay suppliers, to farriers, to veterinarians, to professional riders/trainers. Why would they put their own names and reputations on the line to show support if something was truly wrong here?
This being true, they have civil recourse. My experience has been animal control doing to little, to late.
 
Old 07-25-2007, 09:31 AM
 
Location: Grafton, Ohio
286 posts, read 1,587,250 times
Reputation: 164
Quote:
Originally Posted by Driller1 View Post
This being true, they have civil recourse. My experience has been animal control doing to little, to late.
Yours and everyone elses it seems... Yes, AC is corrupt and screwed up. There was a severe neglect case out of Eaton Co not too long ago that went on ignored and many of the Clydes starved to death. Yet, last year, Eaton Co AC targeted my horses because they were bent on seizing them. The horses were located on over 10 acres of knee deep pasture, were up to weight and in great shape, but they attempted to cite me for neglect because I did not have hay on premise. Oh yeah, this was middle of July and the fight went on through the first week of November.. and by then, I was smart enough to move my horses out of county to end the harassment. I filed complaints and grievences with the sheriff and prosecuting attorney, and NO ONE would help me. And I have evidence proving my horses were well cared for at that time.

It seems like more and more agencies are targetting specific owners, harrassing the heck out of them, yet completely ignoring the animals that really need help. There is no money to be made in those cases, but there is money in the cases that animals are cared for and trained, and in my case, high dollar stock horses and one very expensive and well bred Arab.
 
Old 07-25-2007, 11:40 AM
 
24,832 posts, read 37,344,316 times
Reputation: 11538
Quote:
Originally Posted by bubbagirl View Post
Yours and everyone elses it seems... Yes, AC is corrupt and screwed up. There was a severe neglect case out of Eaton Co not too long ago that went on ignored and many of the Clydes starved to death. Yet, last year, Eaton Co AC targeted my horses because they were bent on seizing them. The horses were located on over 10 acres of knee deep pasture, were up to weight and in great shape, but they attempted to cite me for neglect because I did not have hay on premise. Oh yeah, this was middle of July and the fight went on through the first week of November.. and by then, I was smart enough to move my horses out of county to end the harassment. I filed complaints and grievences with the sheriff and prosecuting attorney, and NO ONE would help me. And I have evidence proving my horses were well cared for at that time.

It seems like more and more agencies are targetting specific owners, harrassing the heck out of them, yet completely ignoring the animals that really need help. There is no money to be made in those cases, but there is money in the cases that animals are cared for and trained, and in my case, high dollar stock horses and one very expensive and well bred Arab.
Please educate me on one point. My horses were registered. Had they been taken by the powers that be, they would have been meat value without the papers. They can not make you sign them over, so where is the value?? They are meat without papers, and I do not care how well bred they are. The last year I showed my AQHA gelding, he was third in the nation, but would have been worth nothing. BTW, he is buried on my land.
 
Old 07-25-2007, 12:25 PM
 
Location: Grafton, Ohio
286 posts, read 1,587,250 times
Reputation: 164
Default Papers don't necessarily make the horse or limit the horse

I understand that there is value in papers when transferring them from owner to owner, but that specifically is determined with the use of the animal.

However, papers do not stop any horse from being shown on local 4H/open circuits, in speed / competitive circuits (barrel racing, for example, is open to all breeds), performance circuits (dressage, show jumping, endurance etc), or keep them from going down the trail or eating grass in the back yard.

I've seen some very high dollar horses that are not and cannot get papers go for more than reg. QHs, Arabs, or 'traditional' breeds. (take a look at the craze of Fresian crosses, for example, or warmbloods - the cross of a light horse and draft - that can go through a testing process to be eligible for "warmblood" recognition)

A horse of color can be used for breeding without papers; any offspring also having color can be reg. among some color registries (pinto, spotted horse, paint w/DNA test, buckskin). Also, any offspring my Arab mare were to produce, if bred to a registered Arab stallion, could be reg. half Arab and be recognized in the breed.
 
Old 07-25-2007, 12:42 PM
 
24,832 posts, read 37,344,316 times
Reputation: 11538
Quote:
Originally Posted by bubbagirl View Post
I understand that there is value in papers when transferring them from owner to owner, but that specifically is determined with the use of the animal.

However, papers do not stop any horse from being shown on local 4H/open circuits, in speed / competitive circuits (barrel racing, for example, is open to all breeds), performance circuits (dressage, show jumping, endurance etc), or keep them from going down the trail or eating grass in the back yard.

I've seen some very high dollar horses that are not and cannot get papers go for more than reg. QHs, Arabs, or 'traditional' breeds. (take a look at the craze of Fresian crosses, for example, or warmbloods - the cross of a light horse and draft - that can go through a testing process to be eligible for "warmblood" recognition)

A horse of color can be used for breeding without papers; any offspring also having color can be reg. among some color registries (pinto, spotted horse, paint w/DNA test, buckskin). Also, any offspring my Arab mare were to produce, if bred to a registered Arab stallion, could be reg. half Arab and be recognized in the breed.
All junk, killer bait. Most good color registered hores are doulble registed. Example buckskin/AQHA. These other registries are a joke for a fool to fall for. Half Arab, what is the other half, a old pony? Meat value only.
 
Old 07-25-2007, 01:23 PM
 
24,832 posts, read 37,344,316 times
Reputation: 11538
BTW, before anyone is offended, I am talking the sale value on animals. Not sentimental value. For an agency to profit the value would have to be there.
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