Equine Protection Network
www.EquineProtectionNetwork.com
February 24, 2009

EPN at Horse World Expo Harrisburg, PA
Christine Berry Seminar Hall B, 4PM Thursday, Feb 26, 2009
Horse Cruelty & Horse Slaughter
Booth 819

Owners Conviction for Cruelty Upheld in Court of Common Pleas.

Pottsville, PA –On January 27, 2009 in the Schuylkill County Court of
Common Pleas, Judge William Stine in a trial de nova, found Ernest
Schaeffer, Pine Grove, at one time an elected constable for
Washington Township, and his daughter, Pamela Heiser, Schuylkill
Haven, a school bus driver guilty of one count each of cruelty to
animals, Title 18, 5511 (c). Heiser and Schaeffer each have to pay
$500.00 plus court costs. The horses, Pretty Boy, a lame 14 year old
chestnut paint gelding, and Blackjack, a black quarter horse type
gelding, remain in the custody of the convicted animal abusers.
Pretty Boy's whereabouts are unknown and BlackJack remains at the
original location.

Blackjack's right shoulder has an infected and draining wound.
According to Schaeffer the wound was caused by a T-Post 6 years ago.
The wound is an eight-inch channel into his shoulder. Flies
constantly swarm around the wound feeding on the drainage. No
measures recommended by the vet have been undertaken by the
defendants to improve the condition, except Penicillin injected at
less than adequate amounts and intervals by Schaeffer who testified
in court that he is not home much anymore. A course of Sulfa drugs
was administered last summer at the urging of the vet during the
criminal investigation. The owners were advised that surgery is
required to clean out the channel and remove any foreign bodies that
are preventing the wound from healing. Due to the cost, estimated to
be in the thousands, the owners took no action. The owners were
advised to shave the hair and apply Vaseline to protect the skin from
burning due to the drainage and fly control methods were suggested,
none of which have been undertaken according to the vet who has
examined the horse or investigators.

The defendants' own vet testified for the prosecution and in regards
to Pretty Boy's condition stated,

"(Horses) need to eat probably 1 to 2 percent of their body weight
per day, …it's pretty unlikely he was getting that." In regards to
both horses he stated," neither was in good shape," and "I
believe ... both horses could be considered neglected. I think it
likely" both were deprived of sustenance"

The defendants' attorney, James G. Conville, Schuylkill Haven, asked
for an acquittal, saying prosecutors had not proven their case.

Conville argued, "There were issues with these horses and they took
adequate measures," he said of his clients. "Is this a thoroughbred
stable? No, it's a farm structure."

Assistant District Attorney Doug Tagliere responded to that argument
by stating that Pretty Boy and Blackjack deserved better than what
they had.

"These animals lived amongst garbage," he said. "The statute protects
every horse."

The defendant Heiser testified in her own defense, defiantly reading
off receipts for feed purchased along with one wormer over a several
month period. Assistant District Attorney Doug Taglieri pointed out
that the receipts only proved Heiser had purchased the feed, not that
she had fed the feed to the horses in question or that the feed was
fed in adequate amounts to maintain the horse in acceptable body
condition.

At the time of sentencing Court of Common Pleas Judge D. Michael
Stine stated,
"There still was a conscious indifference" to the condition of
Blackjack and Pretty Boy"

The EPN applauds the PA State Police, the District Attorney's Office,
and the Courts for their investigation, prosecution and conviction of
the owners of these horses who were given numerous chances to correct
the situation, but who chose instead to defy the law.

Schaeffer and Heiser were first convicted on October 14, 2008 by
Judge Carol Pancake in Tremont District Court on 2 counts each of
cruelty to animals, Title 18, 5511(c) and fined the maximum fine,
$750.00 on each count, appealed their convictions to the Schuylkill
County Court of Common Pleas in Pottsville. Judge Stine dismissed the
2nd count of cruelty against each defendant stating that only one
charge of cruelty to animals under the same section can be filed
against a defendant on the same day. Two counts were filed due to the
defendants' failure to provide food, water, and shelter, all of which
fall under the same sub-section.

Background

The PA State Police filed the charges in August after first
responding to a complaint of a starving horse in June. Upon
investigation a chestnut paint gelding approximately 13 years old
scored a 2 on the Henneke Body Condition Scoring Chart and it was
also determined the horse was lame.

The owners claimed that the vet had been out to float the horse's
teeth 4-5 weeks ago and the vet had scored the horse, "a near perfect
4". When asked if the defendant knew what the Henneke Chart was, the
owner refused to answer the question and kept repeating that the vet
had scored the horse a near perfect 4 and she listened to the vet.

The vet, when shown pictures of the horse taken at the end of June
2008 when the PSP investigated the complaint, agreed that the horse
was a 2 - 2.5 down from a "near perfect 4" when the vet floated the
horse's teeth at the end of May 2008. In other words from the end of
May until the end of June, a matter of 4-5 weeks, the horse LOST
weight!.

A second horse wearing a heavy nylon halter chained with a heavy tow
chain to a large piece of wheeled equipment. The gelding was in
acceptable body condition but had a wound in the shoulder area
covered in flies and draining pus and blood. The horse did not allow
investigators to touch the wound, pulling away and pinning his ears.

The PSP instructed the owners to call a vet to determine why the
chestnut paint horse was in poor body condition and to determine the
lameness issue. The Trooper instructed the owners to call the vet
regarding the shoulder injury. PA law, Title 18, 5511 (c) requires
that animals be provided with necessary vet care, thus law
enforcement has the authority to require owners, or those who have
duty of care, to provide necessary vet care for the horse in question
to address why the horse is in a condition that has resulted in a
criminal investigation. PSP also instructed the owners to clean the
wooden structure because it was not in sanitary condition, and that
the structure was in need of repair before it would qualify as
shelter under the law.

The wood structure's walls are non-existent on some sides and the
sunlight shines in through the open roof. The "aisle" is littered
with barrels, ladders, junk, and other equipment. The horse's are
maintained in a flood plain filled with dead and dying trees, the
majority of which are denuded of bark. The chestnut gelding wanders
loose only a few hundred yards from a busy two lane state road. Years
ago another horse was killed on the same road in the vicinity of the
owner's property.

The owners' attempt to clean the "shelter" resulted in a worsening of
the situation. The owners declined to spend the funds necessary to
diagnose and treat the lame horse. The horse's body condition did not
improve, the premises remained in the same condition, littered with
junk, and the owners failed to follow the recommendations of their
own vet, leaving PSP with no choice but to file the cruelty charges.

In court the owners tried to lay blame on their vet, stating that the
horse refused to eat anything, even an apple cut in small pieces,
after the vet had floated the horse's teeth to address his wave
mouth. As for the lameness issue, the owners contradicted the vet
claiming that the horse's lameness was improving. The owners gave no
reasons for failing to address the issue of the 2nd horse's 8" wound
draining pus and blood. The owners claimed that they had not been
informed of a problem with the shelter.

The defendant Heiser, was in the same court in 2007 charged with
cruelty because her horse's ribs, hipbones, and spine were clearly
visible from the highway. The PSP responded to complaints regarding
the starving horse. Heiser failed to contact the PSP in regards to
their investigation, choosing instead to hire a defense attorney.
Heiser showed up in court in 2007 with pictures demonstrating her
horse had gained weight. Her explanation for his weight loss
was "moldy hay" stating her father had called her, "telling her the
horse had lost weight and the hay was moldy". According to the
defendant, she called the vet who instructed her to buy feed at the
feed store to feed the horse. The Judge Court ordered the defendant
to have a vet examine the horse to confirm that the horse was in
satisfactory condition. The Judge admonished the defendant, stating
she never wanted to see her in her courtroom again.

What Can You Do?

We need to demonstrate to the criminal justice system that horse
cruelty is a crime that the Public wants enforced. I know everyone is
busy, but if this issue is important to you, take the time and write
a short thank you. Over the years that the EPN has been working to
see the cruelty law enforced, we have urged people to send letters of
appreciation and many people have taken the time to send a short
note. These letters do make a difference, so please take the time to
send a short note for the horses.

Please show your appreciation to the PA State Police, the District
Attorney, and the Courts by sending a letter thanking them for a job
well done. Refer to the horse cruelty case, Heiser and Schaeffer
defendants. Title 18, 5511(c).

Commissioner PA State Police
1800 Elmerton Avenue
Harrisburg, PA 17110

Refer to enforcement of Title 18, 5511(c) by Trooper Levan, of Troop
L Schuylkill Haven.

District Justice Carol Pancake
19 North Pine Street
P.O. Box 25
Tremont, PA 17981

Assistant District Attorney Doug Tagliere
401 North Second Street
Pottsville, PA, 17901

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