Attorneys/Judges
| Defense(s): | John Robeznieks | | Judge(s): | David Skryd |
Six carriage horses seized
Chicago, IL (US)Incident Date: Friday, Feb 6, 2009
County: Cook
Charges: Misdemeanor
Disposition: Convicted
Defendants/Suspects:
» Michele Goudie
» Melissa Woicek
» Frances E. Dupont - Acquitted
Case Updates: 3 update(s) available
Six Chicago horses belonging to J.C. Cutters Ltd. carriage company were seized on Friday, Feb. 6, amid conflicting reports on the reason for--and questions on the legality of--the action. The horses were taken to Flanery Farms, a private boarding stable in Maple Park, Ill.
"Animal Care and Control didn't have a court order to seize the horses," said Michele Goudie, J.C. Cutters Ltd. manager since 1997. "We've tried to comply with everything the city has asked us to do. It just never seems to be enough."
J.C. Cutters has reportedly received prior citations regarding animal care violations; calls to the City of Chicago Animal Care and Control office to confirm the number and nature of the citations, and to confirm the physical condition of the horses last Friday, were not returned.
One issue cited in media reports is J.C. Cutters' current stable, located at 1501 N. Magnolia on Chicago's Near Northwest side. Although some have described it as a tent, it is a wooden stall structure, covered by a white tarp.
According to Scott Waguespack, City Council member and alderman of the 32nd Ward, the temporary stable was never meant to be a permanent structure. "It was built in August, 2008, as temporary housing while they looked for a more permanent solution. The building they were using (previously) was cited through the city's Building Department because it had walls that were collapsing."
Although the future of the horses is uncertain, Flanery Farm owners Gerry and Franki Ellerbee report they're doing fine. The six horses are now receiving a minimum of eight hours of daily turnout, are housed in clean stalls at night, and are being fed a diet of grass hay and pelleted feed.
"They're running out in the pastures, and have already gone through 20 bales of hay," said Franki.
Case UpdatesTwo former carriage drivers left a Cook County courtroom distraught Wednesday after a judge convicted them of mistreating their horses.
Michele Goudie, 38, was found guilty on six misdemeanor counts related to animal neglect, while Melissa Woicek, 34, was found guilty on one misdemeanor count.
"Obviously, they're devastated," said their lawyer, John Robeznieks. "Those horses are like family to them."
A third driver, Frances E. Dupont, 47, was acquitted by Circuit Judge David Skryd.
City officials alleged that Goudie and Woicek, former employees of J.C. Cutters Horse Carriage Co., had failed to meet minimum standards for feeding and sheltering the animals.
The six horses were confiscated in February after animal-control officers on two visits found them to be living in stalls in which manure was mixed with hay. In addition, some horses were coated with dirt and their hooves covered in manure, the charges alleged.
"No one was caring for the horses," testified Mark Rosenthal, operations manager for Chicago Animal Care and Control.
The women testified that they provided more than adequate care and that the inspections unfairly targeted them at a time of transition. The city had denied J.C. Cutters' application for a 2009 license to conduct carriage rides. While appealing the decision, the company relied largely on volunteers to feed and water the horses and keep up the stable, they said.
They were feeding them less because of the horses' lower activity level, and they allowed them to get dirtier than usual because it can be unsafe to bathe the animals during winter, they said.
"Were the conditions great? No," said Robeznieks after the hearing. "But were they of any criminal level? No." The two plan to appeal, Robeznieks said. | Source: Chicago Tribune - Sept 24, 2009
Update posted on Sep 28, 2009 - 11:11AM |
A restraining order will prevent the Hooved Animal Humane Society from adopting out any more of the horses that were seized from JC Cutters Carriage Rides in February.
Six horses were seized by Chicago Animal Care and Control. The animals were turned over to the Hooved Animal Humane Society (HAHS) in Woodstock, which seeks to find homes for abused and neglected hooved animals. One horse was adopted out.
JC Cutters co-owner and manager Michele Goudie has asserted that the animals were not properly seized by Chicago, were not neglected, and that her ownership rights were violated. Aside from the restraining order, Goudie and another woman, Melissa Woicek, have filed a lawsuit in McHenry County. The lawsuit, filed against HAHS, seeks to recover the seized horses.
"[HAHS] never should have taken the horses to begin with," Goudie said. "[The horses] should have been held by the city until all the criminal proceedings were resolved."
Goudie faces a misdemeanor charge of owner animal neglect. The pretrial hearing for that case is slated for May 22.
Chicago Animal Care and Control operations manager Mark Rosenthal told the Northwest Herald in mid-April that a veterinarian who inspected the horses after they were seized found them to be in "generally good shape." However, Rosenthal also said that the animals were kept in poor sanitary conditions and that there were general problems with the maintenance of the horses.
The lawsuit that Goudie and Woicek have filed might end up in Cook County court because it largely deals with a Chicago municipal ordinance and whether the horses were properly seized.
HAHS' attorney, Jody Beilke, issued a statement for the shelter: "The Hooved Animal Humane Society's ultimate goal is to ensure that the horses are placed in a compassionate and caring home. It recognizes that such a home may ultimately be with the members of JC Cutters Inc. following the resolution of all criminal charges; but HAHS cannot provide any definitive answers or guarantees at this time." | Source: Northwest Herald - May 3, 2009
Update posted on May 4, 2009 - 1:21PM |
The Chicago court case involving J.C. Cutters Ltd. manager Michele Goudie and their six seized carriage horses has been continued from March 12 to late April.
Cook County States Attorney's spokesperson Tandra Simonton explained, "This is a part of the normal criminal process. Dates are set with the intent for defending and prosecuting attorneys to exchange information, called discovery."
The next court date will be Friday, April 24, at 9:00 a.m., at the Branch 43 Misdemeanor/Ordinance courthouse located at 3150 West Flournoy in Chicago.
Chicago Animal Care and Control Operations Manager Mark Rosenthal confirmed the court date continuation but had no additional details to provide.
Due to alleged city code violations by J.C. Cutters Ltd., the six carriage horses were confiscated by Chicago Animal Care and Control Feb. 6. The horses were then shipped to Flanery Farms in Maple Park, Ill. | Source: The Horse Magazine - March 19, 2009
Update posted on May 4, 2009 - 1:19PM |
References
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