I am having a guest post from Jennifer Williams of Blue Bonnet rescue for this weeks post. Not only is it a great honor and pleasure to have such a respected and experienced horse rescue expert on my blog, but both my computers are crashing and I have no word processing abilities at all right now. You think my posts are scary now, you should see them if I try to post without going through Word first.I will be lucky if I can get this posted at all and boy is my tech guy gonna be busy tomorrow!
"In general, when law enforcement officers (sheriff’s deputies, policemen, animal control officers or livestock officers) seize horses in Texas, they do so under the Texas Health and Safety Code, Title 10. Health and Safety of Animals, Chapter 821. Treatment and Disposition of Animals. They must obtain a warrant from the courts to seize the horses, and there must be a hearing within 10 calendar days of the warrant to determine whether or not the horses were “cruelly treated”. If a judge or justice of the peace finds that the horses were cruelly treated, he can order them euthanized, send them to auction or give them to a non-profit animal welfare group. If the judge orders the animals euthanized or given to a non-profit, the owner cannot appeal. After the civil hearing, the county or district attorney’s office may also decide to press criminal charges under the Texas Penal Code.
As a rescuer, this set-up has advantages. In some cases, we work with law enforcement officers to investigate reports of neglect or abuse. When we find neglected horses, the officers obtain the warrants and we go with them to pick the horses up, document their condition, obtain a veterinary report and veterinary care, and prepare for court. We provide testimony in court, and I can provide expert testimony as a Ph.D. Animal Scientist and Certified Humane Investigator. Other times, law enforcement officers investigate the report of neglect or abuse, get the warrant, seize the animals and go to court. They call us only after the horses have been awarded to us.
The benefit of the civil code is that a) the hearing must be held within 10 days of the warrant and b) there are no appeals if the horses are awarded to a non-profit rescue. This means as a rescue we don’t end up stuck holding horses for court for months. And once the horses are awarded to us, we can get the males gelded and begin adopting out the horses without fear that the owner will appeal and we’ll be stuck holding the horses for months or even years. It allows us to move the horses on into adoptive homes more quickly so we can free up space to help more horses.
When I began first working on neglect cases in 2000, the counties rarely pressed criminal charges. They seemed to feel that the owners suffered enough by losing their horses. However in the past several years, I’ve seen an increased willingness to press criminal charges, and I’ve seen more people convicted of animal abuse. That allows us to better track repeat offenders – its hard to tell if someone is a repeat offender if they lose their horses but have no criminal record.
There are drawbacks to working in rescue in Texas. Many counties still don’t consider horse neglect to be a serious issue and are unwilling to spend manpower or money investigating neglect reports, seizing horses or presenting cases to the courts. However, this is slowly changing.
While currently the law does not allow for an appeal if horses are awarded to a nonprofit welfare group, House Bill 1046 would allow owners to appeal. This will make it much harder for animal welfare organizations to assist with seizures as they could be stuck holding horses for months, or even years, as the owners appeal. Many counties will be unwilling to seize horses and other animals as they will not want to be forced to pay the expenses of animals being held for an extended period of time. Rescues will be forced to turn away neglect cases horses as they will soon fill up and have no more space.
Texas residents, please contact your state representative and ask him to vote against this bill. Lets not make it any harder for animals to get help in Texas."
Sunday, April 5, 2009
Friday, March 27, 2009
Next Up: Texas and Anmal Welfare Laws
I saved Texas for last. I think going through a few states and seeing the code and seeing how the states apply the code gives you a good overview of how states treat animal neglect and abuse cases. Texas should be up this weekend.
REMEMBER: THIS is A BLOG--NOT YOUR LAWYER.
This is my rants and ramblings about issues I see in Animal Law. You should no more use this blog as legal advice then you should expect Alan Shore to come to court and save your ass in one hour or less. Just because a lawyer says it does not make it set in stone. It takes 2 lawyers, a judge, a set of facts and a whole lot of words to decide any case. I tend to not post a lot of actual case law because it will make your brain bleed. Its already all out there and most of it online. What you read here--and any time you DO NOT HIRE ME AND PAY and create an attorney client relationship, is just what I think on that day about that subject and what I may argue for my client to kick your clients ass.
THE CODE is only half the story in any legal issue. The CASE LAW, as discussed way back in the first few posts, is just as important as the Code. The code is applied to people and facts with lots of discretion and flexibility. That is intentional. Code law and case law must be taken together to form a whole picture for any predictive value on how any particular case gets handled. Because laws are subject to interpretation and sometimes do not get changed for years after the courts have moved on, you can't take the code as being a complete set of instructions any more then you can take a courts ruling with no basis in a code of laws to go unchallenged. I have half a ton of case law books that are made up of appeals because this is not science, its an art form.
Once you have code and case law understood, then you begin to see how it applies to the facts in your case. Its is the job of an attorney to make arguments based on the code and the case law that will favor her client. Its the job of the opposing counsel to make opposite arguments in favor of his client. Then a judge and or jury decides who is more convincing. Judges also much spend a lot of time trying to decide which lawyer is making a better argument about what the code says and what judges that came before him did. Most of this happens in papers exchanged before anyone steps into a courtroom. Same code, same case law, but years of arguments to decide the same set of facts.
That is what we are taught in law school--not how to fill out the paper work, but to be able to see the same words and make then say our client is right and the other guy is wrong. In recent years, like the last 2, there has been a move to teach law students other skills too like knowing 1/100th of what a paralegal does about filling out forms, but making the winning argument is what we do. Or at least try to.
If law were just a matter of plugging in the Code to a case we would have no need for our legal system. A computer could do that. That is not how the game is played. But in all cases, the first place to look should be the Code. Not the last and only place, but the first. Then let the games begin.
REMEMBER: THIS is A BLOG--NOT YOUR LAWYER.
This is my rants and ramblings about issues I see in Animal Law. You should no more use this blog as legal advice then you should expect Alan Shore to come to court and save your ass in one hour or less. Just because a lawyer says it does not make it set in stone. It takes 2 lawyers, a judge, a set of facts and a whole lot of words to decide any case. I tend to not post a lot of actual case law because it will make your brain bleed. Its already all out there and most of it online. What you read here--and any time you DO NOT HIRE ME AND PAY and create an attorney client relationship, is just what I think on that day about that subject and what I may argue for my client to kick your clients ass.
THE CODE is only half the story in any legal issue. The CASE LAW, as discussed way back in the first few posts, is just as important as the Code. The code is applied to people and facts with lots of discretion and flexibility. That is intentional. Code law and case law must be taken together to form a whole picture for any predictive value on how any particular case gets handled. Because laws are subject to interpretation and sometimes do not get changed for years after the courts have moved on, you can't take the code as being a complete set of instructions any more then you can take a courts ruling with no basis in a code of laws to go unchallenged. I have half a ton of case law books that are made up of appeals because this is not science, its an art form.
Once you have code and case law understood, then you begin to see how it applies to the facts in your case. Its is the job of an attorney to make arguments based on the code and the case law that will favor her client. Its the job of the opposing counsel to make opposite arguments in favor of his client. Then a judge and or jury decides who is more convincing. Judges also much spend a lot of time trying to decide which lawyer is making a better argument about what the code says and what judges that came before him did. Most of this happens in papers exchanged before anyone steps into a courtroom. Same code, same case law, but years of arguments to decide the same set of facts.
That is what we are taught in law school--not how to fill out the paper work, but to be able to see the same words and make then say our client is right and the other guy is wrong. In recent years, like the last 2, there has been a move to teach law students other skills too like knowing 1/100th of what a paralegal does about filling out forms, but making the winning argument is what we do. Or at least try to.
If law were just a matter of plugging in the Code to a case we would have no need for our legal system. A computer could do that. That is not how the game is played. But in all cases, the first place to look should be the Code. Not the last and only place, but the first. Then let the games begin.
Updates on NH & FL cases "Swine and Pigs"
2 new developments in the NH case: Charges and Video of the horses seized
http://unionleader.com/article.aspx?...6-79a67a3c620e
http://www.wmur.com/video/19023226/index.html
http://www.chronicleforums.com/Forum/showthread.php?p=3979148&posted=1#post3979148
The horses look bad, but not at deaths door. However, this is after 3 weeks of proper care. Had they been left at the farm they may be three weeks skinnier and knock knock knocking on heaven’s door.
If you look closely (and I have watched it about 10 times), you will see what appears to be very thin yearlings or rising 2 year olds. But look at their tails. Not baby tails. Those are the tails of late 2 to early 3 year olds. These horses might be forever stunted by the lack of proper nutrition they had with the accused.
On the bright side I do know of a few TB race horses that had it even worse. Clint and Josey were like line drawings at 3 and were bought by a kind and experienced trainer. While neither went on to win the KY Derby. Clint, although tiny, did win quite a few races in his day and Josie went off to become a children’s hunter and won many championships. Both were well loved and overcame such a bad start. I hope good outcomes for these little guys and gals too.
Update on the Pig Case I blogged about Last Fall.
This is not a hoarder. It’s a good contrast to the NH case. Things got bad for a short time and the owner did everything she could in the best interest of the animals. Never ranted about conspiracies, she worked with the Humane Society, she worked with the authorities, she never made it about HER, HER, HER and HER RIGHTS to HER PROPERTY. It was always about what could do the most for the welfare of the animals. Turned out the best thing for the pigs was HER and all parties agree.
Pig sanctuary owner, state agree on terms
BUNNELL -- Lory Yazurlo, who runs Pig Tales Sanctuary, reached an agreement with the state Thursday resulting in one charge against her related to her swine herd being dropped and outlining how she can have a second charge dropped.
After the hearing, Yazurlo sat in her wheelchair and said she was relieved she will be keeping her approximately 390 pigs. She said her biggest worry had been that the state would want to kill the pigs.
"I'm happy it's over with," Yazurlo said. "I don't want to take a chance on them for some reason taking the pigs away, so I'd just rather have it over with."
Assistant State Attorney Scott Westbrook dropped a charge of cruelty to animals. And Yazurlo, 45, pled no contest to a charge of unlawful abandonment or confinement of animals. If she has no legal or pig problems in the next 12 months, that charge will also be dropped.
As part of the agreement to drop the misdemeanor charges she must comply with requirements already in place by the state Department of Agriculture for the pigs' care. No pigs can be taken off her property and no new pigs added; all male pigs must be castrated; she must have fencing to keep wild pigs out and she must provide sufficient feed and fresh water for the pigs.
Yazurlo's agreement with prosecutors will be monitored by the Flagler Humane Society, which initiated the complaint against her in November, saying the pigs at her 20-acre sanctuary in rural Flagler County were emaciated and malnourished.The next month the Flagler Humane Society and Yazurlo reached their own agreement, including some of the same requirements she agreed to with the state.
Thursday's agreement to drop one charge and eventually drop the second is the best resolution, public defender Judith Davidson said.
"It's a for-sure outcome as opposed to a trial where you can never know what can happen," Davidson said. "But she maintains her innocence."
Westbrook said he dropped the cruelty to animals charge, because it had a connotation that Yazurlo was somehow torturing the pigs and that was not the case.
"One can't help but have some sympathy for the circumstances that she finds herself in," Westbrook said.
Charlene Yazurlo said her daughter didn't do anything wrong. She said her daughter is all about the pigs.
"Lory's main concern is the pigs and she's very willing to accept this offer because it benefits the pigs," Yazurlo said. "It's the best thing for the pigs.
Yazurlo and her family are asking for volunteers to help them with some work around the Pig Tales Sanctuary, such as putting up an electric fence, and for donations of feed. They said they could also use a volunteer who has a bucket-loader backhoe. To help, call Yazurlo's mother, Charlene, at 386-439-4583 or send an e-mail to jyazurlo@cfl.rr.com.
http://unionleader.com/article.aspx?...6-79a67a3c620e
http://www.wmur.com/video/19023226/index.html
http://www.chronicleforums.com/Forum/showthread.php?p=3979148&posted=1#post3979148
The horses look bad, but not at deaths door. However, this is after 3 weeks of proper care. Had they been left at the farm they may be three weeks skinnier and knock knock knocking on heaven’s door.
If you look closely (and I have watched it about 10 times), you will see what appears to be very thin yearlings or rising 2 year olds. But look at their tails. Not baby tails. Those are the tails of late 2 to early 3 year olds. These horses might be forever stunted by the lack of proper nutrition they had with the accused.
On the bright side I do know of a few TB race horses that had it even worse. Clint and Josey were like line drawings at 3 and were bought by a kind and experienced trainer. While neither went on to win the KY Derby. Clint, although tiny, did win quite a few races in his day and Josie went off to become a children’s hunter and won many championships. Both were well loved and overcame such a bad start. I hope good outcomes for these little guys and gals too.
Update on the Pig Case I blogged about Last Fall.
This is not a hoarder. It’s a good contrast to the NH case. Things got bad for a short time and the owner did everything she could in the best interest of the animals. Never ranted about conspiracies, she worked with the Humane Society, she worked with the authorities, she never made it about HER, HER, HER and HER RIGHTS to HER PROPERTY. It was always about what could do the most for the welfare of the animals. Turned out the best thing for the pigs was HER and all parties agree.
Pig sanctuary owner, state agree on terms
BUNNELL -- Lory Yazurlo, who runs Pig Tales Sanctuary, reached an agreement with the state Thursday resulting in one charge against her related to her swine herd being dropped and outlining how she can have a second charge dropped.
After the hearing, Yazurlo sat in her wheelchair and said she was relieved she will be keeping her approximately 390 pigs. She said her biggest worry had been that the state would want to kill the pigs.
"I'm happy it's over with," Yazurlo said. "I don't want to take a chance on them for some reason taking the pigs away, so I'd just rather have it over with."
Assistant State Attorney Scott Westbrook dropped a charge of cruelty to animals. And Yazurlo, 45, pled no contest to a charge of unlawful abandonment or confinement of animals. If she has no legal or pig problems in the next 12 months, that charge will also be dropped.
As part of the agreement to drop the misdemeanor charges she must comply with requirements already in place by the state Department of Agriculture for the pigs' care. No pigs can be taken off her property and no new pigs added; all male pigs must be castrated; she must have fencing to keep wild pigs out and she must provide sufficient feed and fresh water for the pigs.
Yazurlo's agreement with prosecutors will be monitored by the Flagler Humane Society, which initiated the complaint against her in November, saying the pigs at her 20-acre sanctuary in rural Flagler County were emaciated and malnourished.The next month the Flagler Humane Society and Yazurlo reached their own agreement, including some of the same requirements she agreed to with the state.
Thursday's agreement to drop one charge and eventually drop the second is the best resolution, public defender Judith Davidson said.
"It's a for-sure outcome as opposed to a trial where you can never know what can happen," Davidson said. "But she maintains her innocence."
Westbrook said he dropped the cruelty to animals charge, because it had a connotation that Yazurlo was somehow torturing the pigs and that was not the case.
"One can't help but have some sympathy for the circumstances that she finds herself in," Westbrook said.
Charlene Yazurlo said her daughter didn't do anything wrong. She said her daughter is all about the pigs.
"Lory's main concern is the pigs and she's very willing to accept this offer because it benefits the pigs," Yazurlo said. "It's the best thing for the pigs.
Yazurlo and her family are asking for volunteers to help them with some work around the Pig Tales Sanctuary, such as putting up an electric fence, and for donations of feed. They said they could also use a volunteer who has a bucket-loader backhoe. To help, call Yazurlo's mother, Charlene, at 386-439-4583 or send an e-mail to jyazurlo@cfl.rr.com.
Monday, March 23, 2009
AL Case Continued: Part V. Who you gonna call?
In my personal experience, I have met several Animal Control Officers who have no knowledge of proper horse husbandry and defend the very people you are trying to report. I have also met many good ones. The fact there is no training or standards is a big problem. Especially in a state like AL where neglect is a criminal offense yet the people in charge of enforcing those laws seem to be no better themselves.
Nothing has been done at all and no real proof was offered as a defense. The people with the horses said they had wormed them once a month for 4 months. There should be no skinny horses after 4 months with proper care. The DA should have dug deeper and not taken the word of 1 Vet. Doesn’t the NH system seem better now?
This is a series of posts on a BB by the person who found the horses. There were at least 2 dead—one dead for quite a long time and 1 recently dead just lying on the ground where the horses were grazing. 1 horse was in good shape. The rest disappeared. The owners never suggested they buried the horses at all. But the Sheriff supplies that as their defense? Who you gonna call if Law Enforcement is not doing their job?
1)Hey Everyone,
I have had a very upsetting weekend. Went to help a friend catch a loose pony yesterday and found several dead and starving horses. These animals belong to Kenny Price, Colbert County Animal Control Officer. I immediately called and filed a report with the Sheriff and Officer Joe Shanes was out today. Officer Shanes did speak with the owner. I gave Officer Shanes a copy of the pictures I took yesterday. Officer Shanes is going to present his finding to the District Attorney tomorrow. I would like to ask everyone to send an e-mail to the DA asking them to prosecute the owner. I am VERY Concerned that nothing is going to be done and the remaining horses will die. VERY GRAPHIC Pictures Attached
2)The horses had NO FOOD when I found them and have received NO Vet Care! The "owner" told me in front of Officer Shanes that half of the horses were given to him. We are all e-mailing and requesting copies of the paperwork showing when & where confiscated, plus Vet Records. This ACO has had warnings in the past for not caring for his animals. Conditions at the animal shelter where he works are deplorable as well. Horses have been seen at the shelter with no food or water for days. This has been an ongoing issue, But I have been the first one to make a fuss.
3)I don't know where the horses are now I saw the guy moving two of them last night. They were on County Rd 301 in Florence, AL. I called the Sheriff's Office and reported that he was moving the horses, but they did nothing. Channel WHNT 19 is the only one who has contacted me back. Am SO disappointed!!!
4)Here is a copy of the most recent e-mail from the DA. There was a total of 8 horses to start. They moved 5 of them yesterday. There are 2 horses still up there and a pony who goes through the fence to a friends house.
From: XXXXXXXXX
To: XXXXXXXXXX
Sent: 3/9/2009 5:44:09 P.M. Central Standard Time
Subj: RE: Starving Horses
I regret that you are disappointed in me. Please know that this matter is not over. We are continuing to try to ascertain the facts. I have received several emails about this situation. In an effort to be responsive to them, I sent out a quick “status report” earlier today. Apparently, I should have emphasized that this was merely a status report and that we are continuing to look into it.
CEC
5) http://www.waff.com/Global/story.asp?S=9989965
Nothing else was ever heard of the fate of these horses.
Nothing has been done at all and no real proof was offered as a defense. The people with the horses said they had wormed them once a month for 4 months. There should be no skinny horses after 4 months with proper care. The DA should have dug deeper and not taken the word of 1 Vet. Doesn’t the NH system seem better now?
This is a series of posts on a BB by the person who found the horses. There were at least 2 dead—one dead for quite a long time and 1 recently dead just lying on the ground where the horses were grazing. 1 horse was in good shape. The rest disappeared. The owners never suggested they buried the horses at all. But the Sheriff supplies that as their defense? Who you gonna call if Law Enforcement is not doing their job?
1)Hey Everyone,
I have had a very upsetting weekend. Went to help a friend catch a loose pony yesterday and found several dead and starving horses. These animals belong to Kenny Price, Colbert County Animal Control Officer. I immediately called and filed a report with the Sheriff and Officer Joe Shanes was out today. Officer Shanes did speak with the owner. I gave Officer Shanes a copy of the pictures I took yesterday. Officer Shanes is going to present his finding to the District Attorney tomorrow. I would like to ask everyone to send an e-mail to the DA asking them to prosecute the owner. I am VERY Concerned that nothing is going to be done and the remaining horses will die. VERY GRAPHIC Pictures Attached
2)The horses had NO FOOD when I found them and have received NO Vet Care! The "owner" told me in front of Officer Shanes that half of the horses were given to him. We are all e-mailing and requesting copies of the paperwork showing when & where confiscated, plus Vet Records. This ACO has had warnings in the past for not caring for his animals. Conditions at the animal shelter where he works are deplorable as well. Horses have been seen at the shelter with no food or water for days. This has been an ongoing issue, But I have been the first one to make a fuss.
3)I don't know where the horses are now I saw the guy moving two of them last night. They were on County Rd 301 in Florence, AL. I called the Sheriff's Office and reported that he was moving the horses, but they did nothing. Channel WHNT 19 is the only one who has contacted me back. Am SO disappointed!!!
4)Here is a copy of the most recent e-mail from the DA. There was a total of 8 horses to start. They moved 5 of them yesterday. There are 2 horses still up there and a pony who goes through the fence to a friends house.
From: XXXXXXXXX
To: XXXXXXXXXX
Sent: 3/9/2009 5:44:09 P.M. Central Standard Time
Subj: RE: Starving Horses
I regret that you are disappointed in me. Please know that this matter is not over. We are continuing to try to ascertain the facts. I have received several emails about this situation. In an effort to be responsive to them, I sent out a quick “status report” earlier today. Apparently, I should have emphasized that this was merely a status report and that we are continuing to look into it.
CEC
5) http://www.waff.com/Global/story.asp?S=9989965
Nothing else was ever heard of the fate of these horses.
AL Case Continued: Part IV
A Vet writes a letter saying the horses came to the Animal Control Officer in the state they were. He condemns people for reporting it. He condemns the press for reporting on it. But he never actually says how long the horses had been there or why some were dying. And it does not take 6 months to get a horse form a BCS of 1 to at least 3 or 4. Just because you are a Vet does not mean you know what you are talking about. I know lots of lawyers who do not know what they are talking about. I am sure there are people out there saying the same thing about me. This Vet did not know what year it is.
Letter from DVM about horses
March 10, 2008
To Whom it May Concern:
This letter is written in response to a situation related to us by Kenny Price and a subsequent farm visit made to a group of horses under his care. Mr. Price has been involved with the rescue and rehabilitation of neglected and undernourished horses for several years. He has other horses under his care that were found to exhibit good body condition. The group in question involves 5-6 horses that are kept together at a rehab pasture at the end of Lauderdale County Road 302 in Alabama. We had been contacted at the behest of Mr. Price due to a complaint of abuse charges against him and the resultant media hype generated by such.
There appeared to be more than 25 acres of land including some wooded land with at least two sources of water. After a couple of days of near 80 degree weather in March, the grasses were greening and all horses were grazing as we arrived. A half eaten roll of sorella mix hay was present and an earlier roll eaten down could be observed. The white horse in the group was in the best condition and has been there since summer. The majority had body condition score of two and appeared to be responding happily though still in a serious state. The critical individual was a sorrel with a BCS of 1 and who is one of the newest additions this winter. This individual is frail but actively grazing. Anemia, which is common in rehab horses, is exhibited via oral mucus membranes. Vitamin B-12 or complexes injections every two weeks were recommended on all individuals for this reason. This individual has received some special care and may require more as her condition evolves.
We discussed the need to de-worm monthly which Mr. Price was already doing. The need to rotate families of de-worming agents was also encouraged. W are both agreed that a sick horse needs fiber from hay and grazing, not abundant grain. (The re-feed phenomenon observed at the end of World War II where several concentration camp survivors were subsequently killed by the generosity of their liberators who gave them too much food too quickly, is very real.) Horses that are rescued are often foundered or caused to colic by their well intentioned new handlers. Mr. Price has avoided these pitfalls in almost twenty years of dealing with such situations. We briefly talked about concurrent illnesses that afflict debilitated horses. This group is battling a common skin infection know as "Rain Rot". Though there are many possible treatments available, we tried to recommend a high yield, easily performed option for this group. As we near the end of winter, many animals need the best quality of feed at this time. Therefore, the supplementation of range cubes from Alfalfa based forage or the introduction of a Bermuda hay source would be advisable. When grain is introduced it should be in small amounts and at frequent intervals.
We briefly alluded to the need to verify by picture future animals that enter the program and initiate the charting of their progress to avoid any confusion by the uninformed. We also recommended that some sort of simple sign be mounted at the gate to designate this pasture as a rescue, rehabilitation effort.
O feel a need to offer a personal opinion on this situation. All would agree that these are thin horses. However, there is a dramatic difference between one who has allowed a healthy horse to become thin through neglect, and one who is trying to recover a thin horse back to health. This nutritional recovery process in Equines usually is a six month minimum project, if no set backs are encountered. The above situation is neither pristine nor perfect, but it is adequate.
Where do most people believe such nutritional rehab occurs? There is no dream barn and yard in Lexington, Kentucky that magically takes in and cares for horses rescued from dire circumstances.
Many folks desire that such rehab be available to needy horses, but they have no clue what is demanded either in terms of time, money, nor effort to obtain such. The overzealous media person with a microphone and a camera and a spin will do nothing but discourage those who are already involved. The unknowledgeable well intentioned citizen who reports such honest efforts like the above as abuse is not capable of such care. However, such accusations may well scare those who are capable away from their labor of love because of the potential for bad press and its repercussions. It is incumbent upon the powers-that-be to recognize these issues and distinguish wisely in the discharge on their duties. If folks like Mr. Price do not perform rehab on a grass roots effort it will not be done with any success.
These in brief are my findings and assessments. If any further explanation is required please contact me.
Yours truly,
T. C. Hammond, DVM
<span style="font-weight:bold;">Next we have the AL code. Nothing in the Ag code applies but the rights to take and seize animals. But not when and why.
TITLE 3. ANIMALS
CHAPTER 1. GENERAL PROVISIONS
3-1-8. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals
Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose.
3-1-10. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited
Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured.
3-1-11. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Proof of trespassing by animal in mitigation or justification of offense; tender of compensation
Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the animal killed, disabled, disfigured, destroyed or injured was trespassing and had within six months previously thereto trespassed upon a growing crop, inclosed by a lawful fence or while such animal was running at large in violation of law. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner.
3-1-11.1. Killing or disabling livestock; penalty
(a) Any person, who unlawfully, wantonly or maliciously, kills, disables, disfigures, destroys, or injures the livestock of another while said livestock is on the premises of the owner of said livestock or on the premises of a person having charge thereof shall be guilty of a Class "C" felony.
(b) In addition to being guilty of a Class "C" felony, any person who unlawfully, wantonly or maliciously, kills, disables, disfigures, destroys, or injures the livestock of another while such livestock is on the premises of the owner of the livestock, or on the premises of a person having charge thereof, shall be liable for damages sustained by the killing, disabling, disfiguring, or destroying of said livestock in an amount equal to double the value thereof.
(c) For purposes of this section, livestock is defined as horses, cows, swine, goats, sheep, mules, and asses.
3-1-13. Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal
Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. The officer so taking such animal shall at the time of taking the animal give written notice to the owner or person from whose custody it was taken. The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of.
3-1-16. Employment by county commissions of persons to enforce laws for prevention of cruelty to animals; compensation, oath and powers of same
The county commissions of the respective counties of this state may employ a suitable person or persons who shall be charged specially with the duty of enforcing all laws for the prevention of cruelty to animals, and to fix the compensation of such officer or officers, which shall be paid in the same manner as other salaries of county employees are paid, and such officer or officers, upon taking the oath as required to be taken by deputy sheriffs, shall be vested with all powers now vested by law in deputy sheriffs.
3-1-23. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Prohibited
Any person burning, cauterizing or mechanically changing the natural appearance or condition of the teeth of any horse, mule or other soliped in order to fraudulently make such animal appear younger than the animal really is shall be guilty of a misdemeanor.
3-1-24. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Evidence as to burning, etc., of teeth to be substantiated by veterinarian
The evidence required for the conviction of any person for violating any provision of section 3-1-23 must be substantiated as to the burning, cauterizing or changing of the natural appearance or condition of the teeth of such horse, mule or other soliped by a graduate licensed veterinarian and, when necessary, the state veterinarian or a graduate veterinarian selected by the state veterinarian shall determine and testify to the changes that have been made in the teeth of such animal or animals.
3-1-25. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Effect of possession of such horse, etc
The possession of any horse, mule or other soliped which has had its teeth burned, cauterized or mechanically changed in order to make such animal appear younger than it really is shall be prima facie evidence of intent to violate the provisions of section 3-1-23.
3-1-26. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Transportation, etc., of such horse into state
Any person transporting or moving into Alabama, for any purpose whatsoever, any horse, mule or other soliped which has had its teeth burned, cauterized or changed in any manner to make such animal appear younger than it really is shall be guilty of a misdemeanor.
Lastly we have the actual cruelty statues. Please notice they are found in the CRIMINAL CODE. Not under animals and not under Ag and not under Morals. Its a CRIMINAL CODE and thus requires knowingly or recklessly committing the crime of neglect. This differs from any of the other states we have looked at.
And they did not give much guidance to know when you are neglecting an animal and when you are not. It a very bad law and the criminal standard is huge to overcome. What? They need feed every day? I didn't know that. Not guilty.
TITLE 13A. CRIMINAL CODE
CHAPTER 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 1. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
13A-11-14. Cruelty to animals
(a) A person commits the crime of cruelty to animals if, except as otherwise authorized by law, he intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in his custody to cruel neglect; or
(3) Kills or injures without good cause any animal belonging to another.
(b) Cruelty to animals is a Class B misdemeanor.
Alabama needs to clean this mess up, get things defined, and find out what happened at the farm in question. But AL has not said one word about this case since the day after it hit the news. Nobody has.
Letter from DVM about horses
March 10, 2008
To Whom it May Concern:
This letter is written in response to a situation related to us by Kenny Price and a subsequent farm visit made to a group of horses under his care. Mr. Price has been involved with the rescue and rehabilitation of neglected and undernourished horses for several years. He has other horses under his care that were found to exhibit good body condition. The group in question involves 5-6 horses that are kept together at a rehab pasture at the end of Lauderdale County Road 302 in Alabama. We had been contacted at the behest of Mr. Price due to a complaint of abuse charges against him and the resultant media hype generated by such.
There appeared to be more than 25 acres of land including some wooded land with at least two sources of water. After a couple of days of near 80 degree weather in March, the grasses were greening and all horses were grazing as we arrived. A half eaten roll of sorella mix hay was present and an earlier roll eaten down could be observed. The white horse in the group was in the best condition and has been there since summer. The majority had body condition score of two and appeared to be responding happily though still in a serious state. The critical individual was a sorrel with a BCS of 1 and who is one of the newest additions this winter. This individual is frail but actively grazing. Anemia, which is common in rehab horses, is exhibited via oral mucus membranes. Vitamin B-12 or complexes injections every two weeks were recommended on all individuals for this reason. This individual has received some special care and may require more as her condition evolves.
We discussed the need to de-worm monthly which Mr. Price was already doing. The need to rotate families of de-worming agents was also encouraged. W are both agreed that a sick horse needs fiber from hay and grazing, not abundant grain. (The re-feed phenomenon observed at the end of World War II where several concentration camp survivors were subsequently killed by the generosity of their liberators who gave them too much food too quickly, is very real.) Horses that are rescued are often foundered or caused to colic by their well intentioned new handlers. Mr. Price has avoided these pitfalls in almost twenty years of dealing with such situations. We briefly talked about concurrent illnesses that afflict debilitated horses. This group is battling a common skin infection know as "Rain Rot". Though there are many possible treatments available, we tried to recommend a high yield, easily performed option for this group. As we near the end of winter, many animals need the best quality of feed at this time. Therefore, the supplementation of range cubes from Alfalfa based forage or the introduction of a Bermuda hay source would be advisable. When grain is introduced it should be in small amounts and at frequent intervals.
We briefly alluded to the need to verify by picture future animals that enter the program and initiate the charting of their progress to avoid any confusion by the uninformed. We also recommended that some sort of simple sign be mounted at the gate to designate this pasture as a rescue, rehabilitation effort.
O feel a need to offer a personal opinion on this situation. All would agree that these are thin horses. However, there is a dramatic difference between one who has allowed a healthy horse to become thin through neglect, and one who is trying to recover a thin horse back to health. This nutritional recovery process in Equines usually is a six month minimum project, if no set backs are encountered. The above situation is neither pristine nor perfect, but it is adequate.
Where do most people believe such nutritional rehab occurs? There is no dream barn and yard in Lexington, Kentucky that magically takes in and cares for horses rescued from dire circumstances.
Many folks desire that such rehab be available to needy horses, but they have no clue what is demanded either in terms of time, money, nor effort to obtain such. The overzealous media person with a microphone and a camera and a spin will do nothing but discourage those who are already involved. The unknowledgeable well intentioned citizen who reports such honest efforts like the above as abuse is not capable of such care. However, such accusations may well scare those who are capable away from their labor of love because of the potential for bad press and its repercussions. It is incumbent upon the powers-that-be to recognize these issues and distinguish wisely in the discharge on their duties. If folks like Mr. Price do not perform rehab on a grass roots effort it will not be done with any success.
These in brief are my findings and assessments. If any further explanation is required please contact me.
Yours truly,
T. C. Hammond, DVM
<span style="font-weight:bold;">Next we have the AL code. Nothing in the Ag code applies but the rights to take and seize animals. But not when and why.
TITLE 3. ANIMALS
CHAPTER 1. GENERAL PROVISIONS
3-1-8. Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals
Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose.
3-1-10. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Prohibited
Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured.
3-1-11. Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another -- Proof of trespassing by animal in mitigation or justification of offense; tender of compensation
Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the animal killed, disabled, disfigured, destroyed or injured was trespassing and had within six months previously thereto trespassed upon a growing crop, inclosed by a lawful fence or while such animal was running at large in violation of law. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner.
3-1-11.1. Killing or disabling livestock; penalty
(a) Any person, who unlawfully, wantonly or maliciously, kills, disables, disfigures, destroys, or injures the livestock of another while said livestock is on the premises of the owner of said livestock or on the premises of a person having charge thereof shall be guilty of a Class "C" felony.
(b) In addition to being guilty of a Class "C" felony, any person who unlawfully, wantonly or maliciously, kills, disables, disfigures, destroys, or injures the livestock of another while such livestock is on the premises of the owner of the livestock, or on the premises of a person having charge thereof, shall be liable for damages sustained by the killing, disabling, disfiguring, or destroying of said livestock in an amount equal to double the value thereof.
(c) For purposes of this section, livestock is defined as horses, cows, swine, goats, sheep, mules, and asses.
3-1-13. Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal
Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken. The officer so taking such animal shall at the time of taking the animal give written notice to the owner or person from whose custody it was taken. The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of.
3-1-16. Employment by county commissions of persons to enforce laws for prevention of cruelty to animals; compensation, oath and powers of same
The county commissions of the respective counties of this state may employ a suitable person or persons who shall be charged specially with the duty of enforcing all laws for the prevention of cruelty to animals, and to fix the compensation of such officer or officers, which shall be paid in the same manner as other salaries of county employees are paid, and such officer or officers, upon taking the oath as required to be taken by deputy sheriffs, shall be vested with all powers now vested by law in deputy sheriffs.
3-1-23. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Prohibited
Any person burning, cauterizing or mechanically changing the natural appearance or condition of the teeth of any horse, mule or other soliped in order to fraudulently make such animal appear younger than the animal really is shall be guilty of a misdemeanor.
3-1-24. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Evidence as to burning, etc., of teeth to be substantiated by veterinarian
The evidence required for the conviction of any person for violating any provision of section 3-1-23 must be substantiated as to the burning, cauterizing or changing of the natural appearance or condition of the teeth of such horse, mule or other soliped by a graduate licensed veterinarian and, when necessary, the state veterinarian or a graduate veterinarian selected by the state veterinarian shall determine and testify to the changes that have been made in the teeth of such animal or animals.
3-1-25. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Effect of possession of such horse, etc
The possession of any horse, mule or other soliped which has had its teeth burned, cauterized or mechanically changed in order to make such animal appear younger than it really is shall be prima facie evidence of intent to violate the provisions of section 3-1-23.
3-1-26. Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger -- Transportation, etc., of such horse into state
Any person transporting or moving into Alabama, for any purpose whatsoever, any horse, mule or other soliped which has had its teeth burned, cauterized or changed in any manner to make such animal appear younger than it really is shall be guilty of a misdemeanor.
Lastly we have the actual cruelty statues. Please notice they are found in the CRIMINAL CODE. Not under animals and not under Ag and not under Morals. Its a CRIMINAL CODE and thus requires knowingly or recklessly committing the crime of neglect. This differs from any of the other states we have looked at.
And they did not give much guidance to know when you are neglecting an animal and when you are not. It a very bad law and the criminal standard is huge to overcome. What? They need feed every day? I didn't know that. Not guilty.
TITLE 13A. CRIMINAL CODE
CHAPTER 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 1. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
13A-11-14. Cruelty to animals
(a) A person commits the crime of cruelty to animals if, except as otherwise authorized by law, he intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any animal in his custody to cruel neglect; or
(3) Kills or injures without good cause any animal belonging to another.
(b) Cruelty to animals is a Class B misdemeanor.
Alabama needs to clean this mess up, get things defined, and find out what happened at the farm in question. But AL has not said one word about this case since the day after it hit the news. Nobody has.
Stealing Fugly for Case #2. AL and AC out of Control.
Next case is out of Alabama. Its the first time I have ever tried to add pictures and also the first time I have just cut and pasted someone else's blog entry. Its from Fugly Horse of the Day and its a great place for me to start this case. I did not write this text. I did edit it for naughty words and calls for action. You can read the original entry on its own blogsite.
Like most cases its gone and forgotten from the general press in a few weeks. I will do another post to see how things turned out and to see what the actual Alabama law has to say about this.
Wednesday, March 11, 2009
A few days ago, in the middle of an escaped pony drama, some ladies came upon the horses you see here. And more. I'm not posting the picture of the dead ones.
Now, at this point everybody knows what to do when you see horses like this, right? Take pictures - which the ladies did - and call animal control!
Er, um, slight problem with the second part: The owner of the horses is an animal control officer. Actually, he's the A.C. Supervisor. Joy.
Yeah, you heard me. Fortunately, these were smart ladies and they did the smart thing, which was run screaming to the Sheriff and the D.A. The D.A. promptly turned it over to the State Vet to investigate and that is where we are at today.
Now, to answer your first question, no, I don't think these horses were newly rescued, although that's certainly what these asshats, Kenny and Aleshia Price (he's the A.C. officer) have to say. Witness the usual round of "but we're a RESCUE" excuses: http://www.waff.com/Global/story.asp?S=9974888&nav=menu62_4
Aleshia even has an excuse for the two half-eaten dead horses on the place. She says they shot them (I assume they have some argument for why this was needed) and left them there to distract those wily coyotes from their live horses.
"We felt the carcasses could not be seen by any house or anywhere," Aleshia Price said. "There are a lot of coyotes. We felt humane to let them feed on something than attacking our horses."
OK, how often does a coyote attack a horse? We had tons of them when I boarded in Topanga. They are skittish creatures and never came near a horse. The funny part is, even Aleshia's husband knows this much - I found an article where he talks about them killing cats and small dogs. Yes, that is exactly what they kill. It is not necessary to leave them a buffet of rotting horse to keep them away from your live ones! You just didn't want to pay for disposal. I wonder if we will, indeed, find a bullet in those carcasses - or if they starved to death?
Kenny likes the media, normally! He is usually all too happy to give interviews about how they just want to educate people and help! Um, Kenny, charity begins at home - I think your horses would have liked some of that help. Particularly the dead ones. It's one thing when you see people in desperate straits with skinny horses - and you know that I think you should give them away before it gets that far. But this guy is (a) EMPLOYED and (b) EMPLOYED TO PROTECT ANIMALS! What exactly is the problem here, and did you think your property was invisible and no one was ever going to see this?
I hope the D.A. throws the book at him AND his b.s.-spewing wifey. Surely, even in Florence, Alabama, you can hire a better A.C. officer. I recommend one of the folks who turned him in!
Like most cases its gone and forgotten from the general press in a few weeks. I will do another post to see how things turned out and to see what the actual Alabama law has to say about this.
Wednesday, March 11, 2009
A few days ago, in the middle of an escaped pony drama, some ladies came upon the horses you see here. And more. I'm not posting the picture of the dead ones.
Now, at this point everybody knows what to do when you see horses like this, right? Take pictures - which the ladies did - and call animal control!
Er, um, slight problem with the second part: The owner of the horses is an animal control officer. Actually, he's the A.C. Supervisor. Joy.
Yeah, you heard me. Fortunately, these were smart ladies and they did the smart thing, which was run screaming to the Sheriff and the D.A. The D.A. promptly turned it over to the State Vet to investigate and that is where we are at today.
Now, to answer your first question, no, I don't think these horses were newly rescued, although that's certainly what these asshats, Kenny and Aleshia Price (he's the A.C. officer) have to say. Witness the usual round of "but we're a RESCUE" excuses: http://www.waff.com/Global/story.asp?S=9974888&nav=menu62_4
Aleshia even has an excuse for the two half-eaten dead horses on the place. She says they shot them (I assume they have some argument for why this was needed) and left them there to distract those wily coyotes from their live horses.
"We felt the carcasses could not be seen by any house or anywhere," Aleshia Price said. "There are a lot of coyotes. We felt humane to let them feed on something than attacking our horses."
OK, how often does a coyote attack a horse? We had tons of them when I boarded in Topanga. They are skittish creatures and never came near a horse. The funny part is, even Aleshia's husband knows this much - I found an article where he talks about them killing cats and small dogs. Yes, that is exactly what they kill. It is not necessary to leave them a buffet of rotting horse to keep them away from your live ones! You just didn't want to pay for disposal. I wonder if we will, indeed, find a bullet in those carcasses - or if they starved to death?
Kenny likes the media, normally! He is usually all too happy to give interviews about how they just want to educate people and help! Um, Kenny, charity begins at home - I think your horses would have liked some of that help. Particularly the dead ones. It's one thing when you see people in desperate straits with skinny horses - and you know that I think you should give them away before it gets that far. But this guy is (a) EMPLOYED and (b) EMPLOYED TO PROTECT ANIMALS! What exactly is the problem here, and did you think your property was invisible and no one was ever going to see this?
I hope the D.A. throws the book at him AND his b.s.-spewing wifey. Surely, even in Florence, Alabama, you can hire a better A.C. officer. I recommend one of the folks who turned him in!
Wednesday, March 18, 2009
This Weeks Featured Case Continues:NH part III
The owners have posted their side of the story for all to see. Its a confession. Its a series of excuses and a demonstrated lack of knowledge. But even though they claim to have paid a lawyer $20K as a retainer, they post this anyway.
http://www.youtube.com/watch?v=VadrDCV0YE8
http://www.youtube.com/watch?v=bb68e3UqS9c
Pretty much all the classic signs of a hoarder. They just do not get it.
Its not our fault, they say. Stuff is expensive. We didn't know the law. We planned on doing it right some day. They don't need to eat every day--just when we can afford it. All the horses are healthy except the old ones, the broodmares who had babies a few years ago, the stallion and the hard keepers. Oh, and most of the ones in the video who are still on the thin side. Its not our fault because nobody can keep weight on those horses in the winter.
FAIL.
If I had any doubts, this new video has removed them.
And the attorney? DOUBLE YOUR RATES!
Its not the worst case I have seen and its not the worst I will show you, but there is clearly a problem there and they do not see it.
http://www.youtube.com/watch?v=VadrDCV0YE8
http://www.youtube.com/watch?v=bb68e3UqS9c
Pretty much all the classic signs of a hoarder. They just do not get it.
Its not our fault, they say. Stuff is expensive. We didn't know the law. We planned on doing it right some day. They don't need to eat every day--just when we can afford it. All the horses are healthy except the old ones, the broodmares who had babies a few years ago, the stallion and the hard keepers. Oh, and most of the ones in the video who are still on the thin side. Its not our fault because nobody can keep weight on those horses in the winter.
FAIL.
If I had any doubts, this new video has removed them.
And the attorney? DOUBLE YOUR RATES!
Its not the worst case I have seen and its not the worst I will show you, but there is clearly a problem there and they do not see it.
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