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Case #11549 Rating: 3.2 out of 5
Horse neglect
Readsboro, VT (US)Incident Date: Thursday, Jun 7, 2007
County: Bennington
Charges: Misdemeanor
Disposition: Convicted
Defendants/Suspects:
» Judith Page
» Doug Nicklien
Case Updates: 3 update(s) available
On Thursday, June 7, representatives from Animal Control of Bennington County, the New England chapter of the Humane Society of the United States, Readsboro dog office, the Vermont State Police, Vermont Agency of Agriculture, and the Windham County Humane Society were called to a home on Route 100 in Readsboro after a case of animal abuse was reported.
The horses belong to Judith Page and her husband, Doug Nicklien, of Readsboro, and this is not the first time they've been involved with horses. Their story goes back a couple years when the Deerfield Valley News covered Page and Nicklien saving horses from slaughterhouses. It began when Page's doctor prescribed Premarin after major surgery. Premarin is an estrogen pharmaceutical used in hormone therapy and is often used to treat symptoms associated with menopause. Page learned that a chief ingredient came from pregnant mares' urine, and later found out that up to 20,000 foals are born annually as a byproduct of this process and auctioned off at slaughterhouses. Page felt compelled to do something and contacted the Foal Acquisition Network, Inc. (FANI). After FANI's rigorous screening process, Page and Nicklien were approved and adopted two foals. Later, Page and Nickelien adopted six more mares from Canada.
When officials arrived, they found nine malnourished horses (two stallions, two foals, and six mares) in substandard conditions.
"The mares were (so thin) down to bone with sores on their backs, and hooves so overgrown, that they had no hoof care that I know of," said Sue Caviola, shelter manager and humane officer for the Windham County Humane Society. The Windham County Humane Society was called in because their facility serves large animals. "You knew they were eating dirt too because they dug their own holes and (you could tell) they were trying to eat old manure. They only had two bales of hay, which were both moldy, in the stall for nine horses, and the water was pumped from a brook, which is not ideal. We also noticed the tubs were empty, but they each need 15 gallons of water per day to live on. I'm sure the nursing moms require more and it was not good water. One of the foals had severe diarrhea and we weren't sure if it was going to make it. No veterinarian had been called by the owners."
But according to Page, she and her husband were doing everything they could to get them back to health.
Nicklien arrived when officials were at their barn and after some discussion, he willingly gave the horses over. But according to Nicklien and Page, they were going to take all the necessary actions to take care of the horses after they received a letter from the Vermont Agency of Agriculture on Monday June 4.
"I was in the process of getting in touch with the veterinarian, getting things set up, and while I'm trying to get this arranged, I've been working full time in Lenox, MA," said Nicklien.
Susan Kelley was the veterinarian who arrived on the scene and noticed more problems with the horses.
"I saw in the stalls there was several inches of manure topped with urine and the ones outside were also in a foot of manure and out in the paddock area was three feet of mud."
Page claims she did not see any of that in the stalls but also believes the mares were already unhealthy when they took them in.
"The two rescue mares in question, came pregnant when we got them last fall," said Page. "They had some cracks in the hooves and were thin when they got here. So we worked with them to get their weight back up when they were pregnant, and were in pretty good weight when they gave birth. But then (as is common with nursing mares) they dropped a lot of weight really fast. They did look thin but it was because they were nursing their new foals. Given enough time, we would've been able to get their weight back up."
Nicklien and Page said that the horses were being fed regularly and there were also ample amounts of hay on the property.
"I was bringing home the hay when the officials already took the horses. We were bringing home bales just about every day. The moldy bale was probably one I brought home and then figured out we were not going to be able to use. But we were also feeding them hay-stretcher, a supplement when there's a hay shortage or the quality isn't perfect. We had been buying them by the bag, including alfalfa. We also keep the grain and hay in our garage because we didn't want mice getting into them," said Page.
Page maintains the horse's conditions took her by surprise.
"We noticed the mares were getting thin about two weeks ago. They dropped the weight from nursing and I think they also finished losing their winter coat, which coincided with the weight loss. So it seemed kind of suddenly," said Page.
The suspected neglect had been going on for some time and authorities have been contacted before about the horses on the property. But according to Readsboro Dog Officer Karl Moon, getting the humane society and other state officials to do something has been a long and frustrating process.
"I've known it's been going on and I reported it several times," said Moon. "But it's not easy. You have to go through so much and jump through a lot of hoops before something can be done."
According to Joanne Bourbeau, New England Director of the Humane Society of the United States, an investigation can happen at any time but each one is its own separate case.
"Under Title 13 of the Vermont Animal Cruelty Statute, the requirements (for horses) are the same as with dogs and cats. They must be given proper vet care, adequate food and water, and proper shelter. Those are the basics that must be provided," said Bourbeau. "There's no standard protocol. We look at each case individually. But in this case the horses were signed over to the humane society and if they hadn't been, we would have gotten a search warrant to seize the animals."
In addition, a 28-year-old stallion was later found behind the house, tied to a tree and looking unhealthy.
"The older stallion was hidden from view and we didn't know it was there until we heard it in the silence of the night," said Caviola. "The stallion was hidden behind the house. They claimed they were holding it there for the owner, who disappeared. So we all went up with our flashlights and found it."
According to Nicklien and Page, the owner abandoned the horse and they had been trying to find the owner ever since.
"The owner basically abandoned him (to us). He was not keeping weight on no matter what we fed him. He had some behavioral problems and kept breaking loose and we didn't think it was safe to keep him here but we have not been able to find his owner," said Page.
As for the unsatisfactory living conditions, Nicklien and Page said the poor weather conditions made it difficult to clean out the barn.
"We had a lot of rain, and yes, the mud was deep. That was one of the reasons why we were actually concerned about it and we made the arrangement to move the horses ourselves," said Page. "We were aware that our pasture was unsatisfactory and we were really trying to get the horses moved but in order to clean it, we had to get the horses out and let a truck in there, which was difficult."
But Tom Harriman, an animal control officer for Bennington County, queries that if they had those horses since the beginning of winter, why the horses looked the way they did.
"If those horses were there for any amount of time, if they came in December say, five-six months down the line, if you're giving them all the care they needed, they wouldn't be in the shape they were in," said Harriman.
Nicklien and Page have indicated that they will no longer be involved in horse rescue but wanted to assure that they have been good horse owners.
"We've had about 40 horses come through here, all have gone on to new homes. We were a drop point for adoption groups in New England for a few years, and we've been instrumental in saving horses from slaughter," said Nicklien.
Page added, "We feel that it's tragic that it ended this way and it was not our intention to have anything like this happen and we want people to know we were taking steps to correct the mud, to get a vet, and apparently we didn't do it quick enough."
Kelley said she was impressed by how the community came together to save the horses and that this is usually how things get taken care of.
"This doesn't happen until people speak up. It depends on the community to do something and and it was great to see the community come together and all the goodheartedness in the people who came to rescue them."
But for Page, the community now leaves a sour taste in her mouth. "I wish that people felt like they could approach us with what they thought they were seeing. It wasn't nice of them to go behind our backs and complain to authorities when I've always tried to be approachable. We could've used some help," said Page. "If someone would offer their tractor to clean our pasture we would've accepted. We were not keeping the horses that way because we're mean people. We never wanted it to end this way. It's saddening and it's going to be very hard to trust people from now on."
The horses are now being nursed back to health at a facility in Windham County and no decision has been made whether or not the Bennington County State's Attorney will press charges.
For more information on how to help the horses contact the Windham County Humane Society at (802) 254-2232.
Case UpdatesJudith Page, 46, and Douglas Nicklien, 45, of Route 100 in Readsboro had nine horses taken from them during the summer after allegations of mistreatment surfaced. The two pleaded guilty to two counts of animal cruelty in early December and were given a 3-year probationary period. Bourbeau said that the two are not allowed to own horses during that time.
"We have one horse left - a 10-year-old quarter horse," Bourbeau said. "She's pregnant, and due in May. She has a crooked hind leg, so we're not sure that she can be ridden, but she has a great temperament."
Bourbeau said that, of the horses taken from the Readsboro, this one was worse off.
"She was 150 pounds underweight," Bourbeau said. "All the horses were underweight."
According to Bourbeau, the horse, known as "Sweetie," is being housed at the Winchester Stables in Townsend.
"They're been terrific - they've housed three of the horses since almost the beginning of
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the case," Bourbeau said. "Two of those horses are going to homes by Christmas."
Bourbeau said Sweetie would be housed at that stable until the end of December, and then the society would have to look at foster homes for it. That's why, Bourbeau said, the society is trying to find a permanent home for the horse by the end of the year.
"We're glad the criminal case has finally come to an end, and we're hoping Sweetie has a home for the holidays," Bourbeau said.
According to an affidavit by Bourbeau, several witnesses had contacted the society in regard to the pair's horses. Bourbeau said these individuals expressed concern with the reported severe emaciation of some of the animals, and a general lack of care.
Bourbeau wrote that, according to one e-mailer, one of the horses had been seen with a "pretty bad gash" on its face. Bourbeau said she also learned about the results of a previous investigation regarding the welfare of the animals. It was said that the pair had nine horses, which were all in bad shape. Some of them reportedly had hoof issues as well.
Bourbeau's affidavit said she went to the property, saw Nicklien, told him about the complaints and asked to see the horses.
According to Bourbeau, there were only two bales of hay for the nine animals, neither edible. The surrounding field, she said, was a deep mixture of mud and manure.
The water source for the animals was investigated, and it was allegedly discovered to be a bathtub with 2 inches of green water inside. Bourbeau said the horses were in various stages of neglect - that they were dehydrated and lacked proper hoof and dental care.
Bourbeau said a 4-week-old foal was discovered and was in bad shape. According to Bourbeau, it had diarrhea and was lethargic. The animals were signed over to the Windham County Humane Society on that day.
Bourbeau wrote in the affidavit that the foal died on June 16 of a hemorrhaged spleen and pneumonia. She said she spoke to the veterinarian who cared for the foal, who said he couldn't go on the stand and say with conviction that the horse had died from an illness or injury sustained when it was in the custody of Page and Nicklien. | Source: Bennington Banner - Dec 20, 2007
Update posted on Dec 23, 2007 - 3:16AM |
| Doug and Judy pleaded not guilty to 9 counts each of misdemeanor animal cruelty on August 27. | | Update posted on Aug 29, 2007 - 2:44AM |
A local couple who has been investigated for animal neglect twice in the last two years are each facing nine charges of animal cruelty after investigators removed nine horses, including a foal that died a week after being taken, to the Windham County Humane Society in Brattleboro.
Bennington County State's Attorney Erica Marthage submitted the charges against Doug Nicklien, 45, and Judith Page, 46, of Readsboro, recently and probable cause was found by the court on Aug. 10.
The charges are misdemeanors but could be used to prevent the couple from having animals in their care for a period of time or until certain court-ordered conditions are met.
Page and Nicklien were investigated by Joanne Bourbeau, Vermont regional director of the Humane Society of the United States and president of the Vermont Humane Federation.
In an affidavit, Bourbeau wrote that the couple was known through the Readsboro area for neglecting animals.
"Every person that I have spoken with in the community - either in direct or indirect connection to this case - has asked me the same question: 'Is she going to be prosecuted this time?' I believe that criminal prosecution is warranted at this time and I strongly believe that the community at large would like to see Judy Page and Doug Nicklien held accountable for their actions (and inactions) which led to the severe neglect and unnecessary suffering of these horses," Bourbeau wrote.
Bourbeau said a Readsboro woman contacted her by e-mail in May to complain about the conditions on the Page and Nicklien farm, in the Heartwellville hamlet of Readsboro on Route 100, where four mares, two 1-month-old foals, a stallion and a colt yearling were being kept.
According to the affidavit, Bourbeau visited the farm several times and took photographs but was not able to speak with Page and Nicklien until June 7. On that trip, Bourbeau was joined by Vermont State Police Trooper Jesse Robson, veterinarian Dr. Susan Kelly, two staff members from the Windham County Humane Society and Tom Harriman, the former animal cruelty investigator for the Second Chance Animal Shelter in Shaftsbury.
Bourbeau said there were only two bales of hay visible on the property and neither was edible. Harriman told Bourbeau he investigated the horses' water source and found it was "about two inches of green water in a bathtub."
In June, Suzanne Caviola, shelter manager and humane officer for the Windham County Humane Society, said the horses were standing in a pasture of deep mud and manure, their hooves were in bad condition and split in some cases, and there was no indication the horses had been treated by veterinarians.
Nicklien agreed to turn the horses over to the Humane Society, according to Bourbeau, and while the investigative team was attempting to arrange transportation, they learned there was another horse on the property. Bourbeau said it was "an older stallion who was severely emaciated."
In the affidavit, Bourbeau said Nicklien told investigators the horse did not belong to him and Page but that the owner had left the horse on their farm and they had not been able to contact her.
Bourbeau said plans had been made to euthanize the horse because of his age and health but the owner had contacted the Humane Society and refused to turn over the horse. On Thursday, Bourbeau said she couldn't comment on the horse's current status.
The foal died June 16, but Bourbeau said veterinarian Dr. Reggie Tschorn, of Arlington Equine, told her he couldn't testify that the foal definitely died from any injury, illness or neglect suffered at the Readsboro farm.
At least three of the mares on the Nicklien and Page farm were rescued animals known as "Premarin horses."
The drug Premarin, used in estrogen replacement therapy and to prevent heart disease and osteoporosis, is made from the urine of pregnant mares. When mares are no longer fertile and can't produce the urine, they and their foals are often slaughtered, sometimes to be used for human consumption overseas, according to the Humane Society of the United States.
Bourbeau said the Humane Society would recommend that Nicklien and Page not be allowed to own horses in the future.
"They were investigated before, in 2005. They had an opportunity to correct conditions, reduce the number of horses and here we are again. I don't think we can trust that they can self-supervise," she said.
The horses are available for adoption although Bourbeau said some would need more care from experienced horse owners.
The Humane Society also seeks contributions toward the horses' care. According to Bourbeau, veterinarian care alone has cost more than $3,000 and continues to increase. For information on contributing to the horses' care, call the Windham County Humane Society at 254-2232.
Nicklien and Page are scheduled to be arraigned in Bennington County District Court on Monday. | Source: Times-Argus - Aug 24, 2007
Update posted on Aug 24, 2007 - 4:44AM |
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