New trial sought in horse case

Sentencing on animal cruelty charges was delayed Friday for Robin Vess of Oak Harbor after defense lawyers filed last-minute motions calling for a new trial.

Ms. Vess was convicted April 30 on 42 counts of animal cruelty for neglecting horses on her farm.

The motions, filed yesterday morning in Ottawa County Municipal Court, state that Ms. Vess' conviction was tainted because a prosecution witness allegedly had a "vendetta" against Ms. Vess.

That witness, Karen Miller, president of the Arabian Horse Club of Greater Toledo, spoke of this vendetta outside the courtroom during Ms. Vess' trial, two other witnesses stated in affidavits.

The Humane Society of Ottawa County removed 36 horses from Ms. Vess' farm on Jan. 29 after receiving an anonymous tip that the horses were malnourished and in poor condition. The horses were taken to the Sandusky County Fairgrounds and later were sent to foster homes in Ohio and Michigan.

As a result of the motions, Judge Frederick Hany canceled Ms. Vess' sentencing that had been set for yesterday afternoon and held a telephone conference with the defense and prosecuting attorneys. A decision on a new trial is pending, and a new sentencing date has not been set.

Prosecuting attorney Matthew Schuh said he was surprised at the timing of the filings, but his office did not object to the sentencing delay because the defense is acting within its legal rights. He has 10 days to file a response to the motions, and the defense will have seven days to respond.

The delay was the latest in the proceedings against Ms. Vess. Judge Hany initially postponed the sentencing in early June so he could view the affected horses in their foster homes. The trial was also delayed when defense attorney Mark Davis tried to get the evidence against Ms. Vess thrown out, a request Judge Hany denied.

In one of the affidavits filed yesterday, Linda Logan - subpoenaed by the prosecution to be a witness against Ms. Vess but never called to testify - stated that she spoke to Ms. Miller twice outside the courtroom in April. On both occasions, Ms. Miller told her she had a "vendetta" against Ms. Vess, Ms. Logan said.

A witness for the defense, Kristina Burkhart, stated in an accompanying affidavit that Ms. Logan told her of Ms. Miller's comments during a drive home from the court.

Ms. Miller did not return calls yesterday requesting comment, but Mr. Schuh said he had spoken with her and said the allegations were false.

During the trial, Ms. Miller, who said she had known Ms. Vess for more than 20 years, testified that when she visited the fairgrounds after January's rescue, the horses she saw were emaciated, lethargic, and quiet.

The Arabian Horse Club president was one of four witnesses called by the prosecution.

Ms. Vess has denied that she starved or mistreated her horses and said she was suffering from depression at the time the horses were taken. Former workers for Ms. Vess testified during the trial that the horses were fed regularly.

Mr. Davis said yesterday that he was confident a new trial would be held. Ms. Miller's testimony held considerable weight because the prosecution had only a few witnesses, he said.

Bruce Theobald, a spokesman for the humane society, said he was perplexed by the request for a new trial and said the defense was "grasping at straws." "It just seems like this thing keeps going on and there's no end to it," he said.

The convictions against Ms. Vess are second-degree misdemeanors. The charges carry a maximum jail sentence of 18 months, and each is punishable by a fine of $750.

Contact Claudia Boyd-Barrett at:

cbarrett@theblade.com

or 419-724-6272.