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Press Release
September 22, 2003 Equine Protection Network, Inc. equineprotectionnetwork.com |
September 3, 2003
Reading, PA -" I am quite satisfied that these horses were subjected to very cruel treatment.if you were ignorant than you should have been smart enough to ask for help."
With those words Judge Schaeffer of the Berks County Court of Common Pleas handed down the two guilty verdicts of cruelty to horses against licensed psychologist, Donna McGrath, Oley, PA. This is not the first court appearance for McGrath. District Justice Mest in Oley, PA District Court had previously convicted McGrath on August 27, 2002. McGrath then appealed her conviction to the Berks County Court of Common Pleas where on September 3, 2003 Judge Schaeffer upheld the guilty verdict and penalties of the lower court. On the first count involving the horse Blossom, maintained in unsanitary conditions, McGrath was fined $200.00 plus court costs. On the second count, failure to provide necessary food and water, and, maintained in unsanitary conditions McGrath was fined $700.00 (the maximum fine is $750.00) and ordered to forfeit the horse, Penny a chestnut Arabian mare, already in the custody of Large Animal Protection Society, LAPS, and to pay full restitution in excess of $900.00 to LAPS. Eleven months later, Judge Schaeffer in the Court of Common Pleas upheld the lower court's order for the defendant to pay restitution to LAPS, and the amount had more than quadrupled to $4400.00.
The Equine Protection Network's Christine Berry attended both the hearing and the appeal, each lasting over 3 hours.
"Here is yet another case of starvation and neglect where the owner professes to love the horse, yet failed to provide necessary food and water. The American Horse Council and the state horse councils continue to make the erroneous statement that if the slaughter of horses is outlawed, more horses will starve to death in people's backyards. Owners starve horses due to irresponsibility and laziness, and would never even consider the option of slaughter. The option of slaughter has nothing to do with this crime. Owners send horses to slaughter for a completely different reason - money."
An equine veterinarian, LAPS humane agent, boarding stable owner and two other witnesses testified against McGrath. McGrath called no witnesses and acted as her own defense attorney. McGrath maintained throughout the hearing that her horses had access to hay due to the 150 bales in the hayloft and that she did water the horses due to the hose located in front of the barn. Penny scored a 1.5 on the Henneke Body Scoring Condition Chart when LAPS executed a search warrant and took the mare into custody as evidence McGrath testified in her own defense stating that she was a licensed psychologist and that there was, "no motivation for this" McGrath stated that Penny was special and she had purchased the mare for her daughter. McGrath maintained throughout the hearing that the horses had food and water at all times, and the reason others never observed it was due to the feeding schedule that she maintained.
In depth story to follow.
§ 5511. Cruelty to animals
(c) Cruelty to animals.--A person commits a summary offense if he wantonly or cruelly illtreats, overloads, beats, otherwise abuses any animal, or neglects any animal as to which he has a duty of care, whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal's body heat and keep it dry. This subsection shall not apply to activity undertaken in normal agricultural operation.
The EPN has established a Sanctuary Program for unwanted, neglected, abused and slaughterbound horses. Horses accepted into the program must meet certain qualifications. The EPN can only accept a limited number of horses due to financial resources and space limitations. We are in urgent need of donations to provide for these horses, no amount is too small. Paypal is available!
September 9, 2003
Oxford, PA - District Justice Farmer convicted Alicia Ann Mitchell, Oxford, PA of three counts of cruelty to horses, Title 18, Section 5511( c) in Oxford District Court on September 9, 2003. Mitchell was fined $300.00 for the starvation death of the Thoroughbred gelding Sammy, and $50.00 each plus court costs for cruelty to the two Thoroughbred geldings, Tommy, approximately 12 years old and Shadow, approximately 14 to 15 years old.
During the investigation conducted in March 2003 by the Large Animal Protection Society, LAPS, Mitchell claimed to be a rescue, stating she had rescued the horses from the "killer pens". Mitchell agreed to surrender all three horses to LAPS, but within hours of doing so, and before LAPS could transport the horses, Sammy died. LAPS exhumed the body of Sammy and a necropsy was performed by an equine pathologist from New Bolton Center revealing that Sammy had died from starvation, not colic has Mitchell claimed. Mitchell represented Sammy to be six years old, but the equine vet's interpretation of his tattoo placed him closer to sixteen.
The remaining two horses, Tommy and Shadow were euthanised in June 2003 due to severe chronic lameness. Mitchell had been trying to sell all of the horses; proven by sale brochure she had posted at tack shops. Sammy was listed as $850.00 or best offer, and Tommy for $800.00 or best offer. According to Mitchell's former employee, Sammy was the third horse to die under her care in the past year and a half, reportedly from colic.
During the summary hearing five witnesses testified for the prosecution, including: an equine vet, an equine pathologist, a former boarder, a former employee and JoAnne Mauger, a duly sworn humane police officer for 15 years with the Large Animal Protection Society and a lifelong horsewoman.
At the time of the investigation Mitchell stated to LAPS that she loved these horses. Mitchell offered nothing in her defense during her court appearance.
Gap, PA - District Justice Isaac Stoltzfus, Gap District Court found Lorenzo Riccobono, Gap, PA guilty of cruelty to horses and fined $300.00 plus court costs of $117.00 on March 18, 2003. PA State Police investigated a complaint in February 2003 of cruelty to horses due to a down draft horse that was suffering from dehydration and starvation. The horse was euthanised. The veterinarian told investigators that he had previously euthanised another draft horse in January 2003 due to the same conditions.
In September 2002 the Large Animal Protection Society, LAPS, investigated a cruelty complaint involving an injured draft horse. The horse was found to be suffering from a broken hip and was euthanised. Ricobono told investigators that he loves these horses and had been treating it with penicillin. Ricobono also told investigators that his brother owns a carriage business in New York City. Ricobono stated he purchases horses for his brother and also provided rest for the horses.
This is not Ricobono's first time in court. PA State Police filed charges against Ricobono in 1999 and on December 8, 1999, District Justice Stoltzfus found Ricobono guilty after a hearing of one count of cruelty to animals, Title 18, Section 5511 (c) regarding failure to provide food, water and shelter to 2 horses and a pony. Mr. Riccobono was ordered to pay $125.00 in fines and court costs. The minimum fine under PA law is $50.00. Court costs are generally $50.00 to $60.00. The draft horse and the pony both had to be euthanised due to their conditions. State Police have also investigated a horse that was killed by a car in front of his property on Route 30 in July 2002.
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