Sep 4, 2008

Colorado - county returns wrongfully seized horses.

Horses shouldn't be seized without due process.

Owner gets horses but faces charges [link]
Bill Scanlon | Sep 4, 2008

The 28 horses allegedly neglected by a Jefferson County rancher have been returned to him, but he still faces charges at a trial slated to begin Sept. 25.

John McCulley is charged with 27 counts of animal cruelty arising from allegations that he neglected, but did not physically abuse, the horses on his property northwest of Arvada.

The horses were returned last week after the Jefferson County district attorney's office lost its appeals of a judge's decision that sheriff's deputies illegally entered a door to remove the horses.

County Judge Charles Hoppin "found that it had been an unlawful search and seizure," said Pam Russell, spokeswoman for the district attorney's office. "We were on the property legally, but it was illegal to go past the door to take the animals."

Meanwhile, Hildy Armour of Colorado Horse Rescue applauded McCulley for recently agreeing to let someone adopt one of the horses. "We're pleased," she said. "He did a very nice thing."

McCulley did not return telephone calls Thursday.

Russell said when deputies arrived at the ranch about a year ago, they found that there was no food for the horses.

A veterinarian testified that the horses all were thin.

Makes me wonder about the case of Turn 3 Ranch, where vets found 56 of the 69 animals seized in ideal or near-ideal condition, yet the county seized the farm with a warrant obtained based on false accusations. Adding to the insanity, a judge gave the animals to the county when the defendants (yet to be tried on the charges against them) could not come up with a $134,000 "ransom" for trumped-up maintenance costs, and the county later auctioned the "rescued" horses (many in worse condition than when seized) for pennies on the pound.
(Learn more about the Turn 3 Ranch case.)

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