Ottawa County horse subpoenas criticized

Robin Vess is alleged to have not cared for at least 36 horses kept on her property in the Port Clinton area. THE BLADE/AMY E. VOIGT Enlarge | Photo Reprints

Caregivers for 36 horses rescued from an Ottawa County farm in January are fuming after being ordered to bring the horses to the animal cruelty trial of their former owner, Robin Vess, in Port Clinton on Tuesday.

Subpoenas went out to 13 caregivers last week at the request of Mark Mulligan, the Ottawa County prosecutor, who said the horses are needed as live evidence in the trial.

The horses likely would be housed at the Ottawa County fairgrounds in Oak Harbor, he said.

But the caregivers, who live in various parts of Ohio and southeast Michigan, say moving the horses could be detrimental to their health and cause unnecessary stress.

Lawyers for the Arabian Rescue Mission - an animal rescue group that technically owns the horses - on Wednesday filed a motion to have the subpoenas quashed. Ottawa County Municipal Court Judge Fritz Hany will hold an emergency hearing at noon today to decide the issue.

Mr. Mulligan said allowing jurors to see the horses will help demonstrate the prosecution's claims the horses were starved while in Ms. Vess' care. The defendant's lawyer, Mark Davis, has claimed the horses were thin because of illness, not lack of food.

Officers for the Humane Society of Ottawa County removed the horses from Ms. Vess' farm Jan. 29th after receiving an anonymous tip that the animals were malnourished and in poor condi-tion.

"We have pictures from when the horses were taken, and then we have the horses now to show that they have responded well to appropriate food and water," Mr. Mulligan explained.

"The argument that there was something else wrong with the horses will be disproved."

But Terry Figueroa, head of the Arabian Rescue Mission, called the request to bring the horses to the trial "absurd and ridiculous."

"I will fight it to the end; I'll go to jail if I have to," Ms. Figueroa said adamantly. "The horses are doing really well, they're all very healthy. But emotionally, [moving them] will set them back months. If they're emotionally upset, then physically they're going to start to deteriorate as well."

She also said that if the horses had to be moved, the prosecution should pay the full cost of transporting the horses and provide insurance against possible damage they might cause.

"These are horses that are just learning to trust humans again and it's dangerous," Ms. Figueroa said. "There's going to be media there, there's going to be gawkers and passers-by. These horses are going to get scared and try to bolt and run away … somebody is going to get hurt."

But Mr. Mulligan dismissed claims that the horses were not in a good state to travel, pointing out that they were transported from the Sandusky County Fairgrounds to their foster homes in mid-February. He also said caregivers should not be surprised that the horses are needed for evidence, because that was part of the foster agreement.

"They didn't seem to find the same objection when they moved them out of the fairgrounds, and presumably they're much better now than they were then and much more capable of traveling than they were then," Mr. Mulligan said.

He called the complaints "more situation than factual."

Mr. Mulligan said he expects the trial to last two to three days, and the horses would need to remain in the area during that time. The jurors in the trial likely would visit the horses at the fairgrounds if the subpoenas are upheld.

The caregivers, who also must testify at the trial, would be reimbursed 10 cents for every mile they travel and paid a witness fee of approximately $15, Mr. Mulligan said.

But Tina Burkhart, who is looking after four of the rescued horses, said that wouldn't be enough to cover the cost of transportation and care.

"I'm not hauling them," Ms. Burkhart asserted. "It's just absolutely ludicrous."

Ms. Vess is charged with 42 counts of animal cruelty.

Each cruelty charge carries a penalty of up to 90 days in jail and a $750 fine. Her trial is set for 8:30 a.m. Tuesday.

Contact Claudia Boyd-Barrett at:

cbarrett@theblade.com

or 419-724-6272.