Animal rescuers relieved over pact with judge; horses don't have to attend trial

Nancy Silva of the Ottawa County Humane Society and DJ Mager tend to a horse rescued from Robin Vess' Carroll Township farm in January. The caregivers who have been tending the 36 animals were upset about possibly bringing the horses to the trial of Ms. Vess in Port Clinton. Photos of the animals will be sent instead. Vess THE BLADE/AMY E. VOIGT Enlarge | Photo Reprints

Vess THE BLADE/AMY E. VOIGT Enlarge | Photo Reprints

PORT CLINTON - Caregivers for 36 horses that are the subject of an animal-cruelty trial in Port Clinton next week breathed a sigh of relief yesterday after it was decided the horses do not need to be physically present for the trial.

Ottawa County prosecuting attorneys and lawyers for the Arabian Rescue Mission - an animal-rescue group that technically owns the horses - met before Ottawa County Municipal Court Judge Fritz Hany at an emergency hearing yesterday afternoon.

The parties agreed to annul the prosecution's request to bring the horses for Tuesday's trial of their former owner, Robin Vess, charged with 42 counts of animal cruelty for allegedly starving the animals. The Humane Society of Ottawa County took the horses from her Carroll Township farm Jan. 29 after receiving an anonymous tip that the horses were in poor condition.

Ottawa County Prosecutor Mark Mulligan had wanted the horses present for Ms. Vess' trial as evidence, and planned to house the animals at the county fairgrounds. But the horses' caregivers, who live in various parts of Ohio and Southeast Michigan, were concerned the journey to Ottawa County would be too costly and stress the animals.

Under yesterday's agreement, the Arabian Rescue Mission will submit photos and videos of the horses to the prosecutor's office by Monday. One caregiver from each of the 13 foster homes must attend the trial to testify.

The caregivers cheered the decision.

"That is so fantastic, that is such a relief," gushed Linda Logan, a caregiver for four of the rescued horses who lives in Ottawa Lake. "I've been stressed out all through the night with a headache and sick to my stomach thinking about all the stress that was going to be on the horses."

Ms. Logan said the horses are recovering and much happier than when they arrived at her farm in mid-February after spending several weeks in temporary accommodations at the Sandusky County fairgrounds. But she said some of the horses have cancer and one suffers from panic attacks. Ms. Logan said she would have preferred to go to jail rather than take the horses to the trial.

Another caregiver, Judy Yelsky of Chagrin Falls, Ohio, said taking her three fostered horses to Port Clinton would have cost her hundreds of dollars and been a "logistical nightmare." She said she felt "fabulous" after hearing about the agreement.

The prosecutor said he was also pleased with the compromise.

"It answers our needs, and we had no desire to unduly stress the horses," Mr. Mulligan said.

He said he believes the photos will provide sufficient evidence to prove the charges that Ms. Vess starved her horses. The defendant's lawyer, Mark Davis, has argued that the horses were thin because of illness, not lack of food.

Humane Society spokesman Bruce Theobald said he had "a mixed reaction" to the agreement.

"On the one hand, if the actual horses are needed because of the fact that they're evidence, then I would not necessarily be happy with the decision," Mr. Theobald said. "But on the other hand, they're going to bring photographs, and if they're accurate, I can see why they should suffice."

- Claudia Boyd-Barrett