Judge rules Ottawa County horse seizure was justified

PORT CLINTON - A judge found yesterday that the Ottawa County Humane Society and an assisting officer acted reasonably when they seized at least 36 Arabian horses from the farm of an Oak Harbor woman facing animal cruelty charges for allegedly mistreating them.

In a brief court proceeding, Judge Fritz Hany of Ottawa County Municipal Court denied a motion by horse owner Robin Vess to throw out evidence taken from her farm Jan. 29, when society officials entered the property without a warrant and removed the horses out of concern for their well-being.

Ms. Vess contends that the trespass and seizure were unlawful and violated her constitutional rights.

But Judge Hany said he denied Ms. Vess' motion for two reasons: He believed that she gave oral consent on the telephone for Humane Society Officer Nancy Silva to enter her barn, and that the horses' severe physical condition allowed for warrantless entry.

"Consent had been given and exigent circumstances existed that justified the entry unto the premises," Judge Hany said, dealing a blow to Ms. Vess' defense.

Sitting in the courtroom for the judgment was Ms. Silva, the humane officer who visited Ms. Vess' horse barn to find the ailing horses.

Ms. Silva covered her mouth with her hand and began crying at hearing the judge's decision.

"That's why I'm crying, because I'm so happy," Ms. Silva said outside the courtroom, declining further comment.

Ms. Silva was subjected to questioning at a March 18 hearing by Ms. Vess' attorney, Mark Davis, who challenged her record as a humane officer.

Neither Ms. Vess nor her attorney was in court for yesterday's decision. Mr. Davis said by phone that he was disappointed but still believes Ms. Vess has a strong case.

"It's not a setback on the merits of the case. It is certainly a setback in that we felt there was a very strong case for violation of her Fourth Amendment rights," Mr. Davis said.

Bruce Theobald, a Humane Society board member, said the society was pleased with Judge Hany's decision and fully supports Ms. Silva's actions that January day,

"If we were faced with the same circumstances, would we do the same thing again? Absolutely," Mr. Theobald said. "She [Ms. Silva] did what she was supposed to do, and I believe that as a consequence 37 horses are alive today that would not have been had she not intervened."

During last month's hearing, Ms. Silva recounted how she called

Ms. Vess twice before arriving at the farm and was given permission by her to enter the property and help with a sick horse.

She described the conditions on the farm as "atrocious." One horse was dead. Four other horses had to be immediately put down by a veterinarian because they had fallen, were in pain, and were too weak to get up, according to witnesses.

The surviving horses were lacking food and water and looked emaciated. Some were so hungry they were apparently chewing at the wood of their stalls, veterinarian Irene Lavigne testified last month.

Ms. Vess denied at last month's hearing that she'd given permission for the Humane Society to enter her farm.

She said she told Ms. Silva that she was busy and to call back later.

Ms. Vess also insisted that her horses were well cared for and had "ample feed."

Those horses seized from the property are in foster homes and "on the road to recovery," Mr. Theobald said.

The next pretrial hearing in the animal cruelty case is scheduled for April 12. The trial date is set for April 13.

Contact JC Reindl at:

jreindl@theblade.com

or 419-724-6065.