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Update April 30, 2009 - go to the Legal Stuff page - the complaint was filed today.
Update May 1st, 2009 - TRO was granted!
On February 6, Chicago Animal Care and Control seized six horses stables in conjunction with J.C. Cutters. According to the ordinances that govern animal care and control, proper court documentation is required at a seizure, but none was obtained. As an owner of one of the horses I was at the property when the seizure was taking place, and at that time talked to Sergeant George of the Animal Crimes Division of the Chicago police.
I gave him Cassa's most recent veterinary inspection as well as her shot record and asked where she was being taken and if I could see her. It was at that point in time told that I would not be allowed contact with my horse or management of the farm where they would be held until the conclusion of the investigation and court proceedings as she was evidence.
Nothing was said to me at that point in time when I talked directly with Mark Rosenthal, operations manager of animal care, as to what needed to be done to ensure the return of my horse. On February 7, I received a phone call at home requesting that I come in for a voluntary interview with the police. I was assured at this time that it was strictly voluntary. On February 9, myself and Michele Goudie, a co worker who owns 5 of the 6 horses met at District 3 police headquarters, with a group of horse owners who had arrived to show support. At approximately 11:15 am, a group of police came out of the building and informed us that if we did not come in we would be arrested and charged with out the benefit of questioning. After 5 hours, we were charged with misdemeanor owner neglect, and released on I-bonds.
On February 26, Michele Goudie was told by the housing court of Chicago that the barn structure needed to be taken down as the company J.C. Cutters was no longer in business and the horses were no longer stabled there. Throughout this neither myself, nor Michele received any communications from Animal Care and control, although they were at the housing court for the hearing on the structure.
On March 12 a hearing was held at 3150 W. Flournoy, in regards to the criminal charges, and it was decided to go to trial. At this time, April 9, we still do not have discovery. On March 25, Michele Goudie received a notice from Animal Care and Control that they had claimed ownership of the horses because we did not correct the situation within 7 days. At this point in time we have still not been told what exactly the situation is that needs to be addressed. Nor have I as owner on record of one of the horses received anything from Animal care and control.
Yesterday, April 8, I received a disturbing phone call from a former co worker. The horses had been placed at Hooved Animal Humane society and are currently up for adoption. I am at a loss as my property rights and my right to due process has been violated. According to state law, an animal can only be seized after the owner is arrested, and then, unless served by the states attorney for immediate forfeiture, the horses are held pending the outcome of the trial. At this point in time, I have heard nothing from either the State’s attorney or Animal Care and Control.
Now, today, April 10, I find out that one of the horses has been adopted, and no one will tell me whether or not it was mine. Kari Stojack from Alderman Waguespack''s office is quoted in the paper as saying we didn't want these horses. All I have been doing since February 6 is whatever the city of Chicago has asked. From NOT having contact with my horses, to allowing myself to be arrested. I have jumped through every hoop offered, gladly, for a chance to get my horse back. Now, I have no clue as to her whereabouts, because I did what was asked of me.
Update April 19th-
To this date, we have not received discovery. It will be delivered to us on the 24th, our next court date. That in turn drags things on even longer, as it will have been six weeks since the last court date.
Dangerous conditions? No hay or water?
This, as well as the following pictures were take on Februay 7, 2009, less than 24 hours after the horses were taken. Nothing was done in the barn at this time but take pictures
3 bales here, and 10 more in the truck out front..
South Side
The barn sits about 12 inches lower than the surrounding property. Therefore, from day one, flooding was known to be a problem. When you have 24 inches of snow,and a sudden warm up, water runs downhill
My horse, Cassa's stall when she was taken
No water?
There was water in EVERY stall
