State and local police on Wednesday assisted the Massachusetts Society for Prevention of Cruelty to Animals and the Animal Rescue League in executing a search warrant at Aces Wild Farm and removing 24 horses, three ponies, two foals and a flock of more than two dozen sheep.
In the search warrant for property at 59 Parsonage Road, owned by Patricia Renee Pina, authorities listed a violation of the state cruelty to animals statute.
The removal of animals from the farm, in several tractor-trailer-sized horse trailers, came a month after enforcement officers from both agencies inspected the premises with state Animal Inspector Glenn Harris after six horses there died within six days last month.
Pina said the investigators from the state have been at her house every other day since the deaths to see if she had hay and grain for the horses, and implied that the condition of her horses was a result of not feeding them enough.
After the six horses died, the remaining animals on the farm, including about 28 horses and a flock of sheep, were quarantined for 20 to 30 days.
The horses, when removed from the barn Wednesday, were thin, with withered muscle and some with rib and back bones clearly visible.
The horses were trucked from the property beginning just after 9:30 a.m. Wednesday and relocated while still under quarantine.
Pina said she thinks the animals were being taken to the Brockton Fairgrounds.
The search warrant allowed law enforcement agencies working together to remove the animals within seven days of its issuance Tuesday by Clerk Magistrate Edward J. Grimley in Plymouth District Court.
Trailers owned by the MSPCA Nevins Farm facility in Methuen, Holly Hill Transport of Marstons Mills, the Animal Rescue League in Dedham, and Brady Hauling, a local horse farm and hauling facility, removed the animals, along with two horse ambulances also operated by the MSPCA.
State veterinarian Frederick Cantor said recently the cause of the earlier horse deaths remained unknown.
Selectmen Chairwoman Christine Joy said Wednesday an unrelated pre-trial conference is scheduled for federal land court in Boston today in a case Pina filed against the town after she was denied a special permit to place mobile homes on her property.
Joy said the town questions whether the mobile homes are allowed on the property under state agricultural laws, as Pina claims.
Pina said she intended to use the mobile homes to house farm workers, and that is an agricultural use of the land.
Joy said the town attorney has responded to a motion by Pina's attorney requesting a speedy trial. Joy said the town's attorney rejected the motion that a speedy trial was needed.
Pina alleged in her suit that the town has acted in a discriminatory way because of her Cape Verdean heritage.
The barn housing the two dozen animals that were removed Wednesday had been modified by Pina with tubular fencing to shelter the horses in stalls, she said, were half of their original size, after she was told by the MSPCA and Animal Rescue League last year that she needed to find adequate shelter for all the horses.
Pina said she knew the stalls were small, but did it to comply with the order.
Pina said she called asking for help in October after determining that her horses were sick.
Pina also allegedly had three horses die last December.
Pina said her horses have been eating regularly but losing weight. She said their symptoms point to a neurological disorder.
Jennifer Flagg, spokeswoman for the Department of Agriculture, said veterinarians who have examined Pina's horses attribute their condition to negligence. Case UpdatesMobile homes placed without a permit at a Parsonage Road farm several years ago have been abandoned by the trustee of the property.
Town officials will now be forced to figure how they will proceed with the removal of the units as their owner, Patricia Pina, is in jail and the farm is in bankruptcy court.
Pina, convicted on more than 40 counts of animal cruelty, fought officials for years to have the mobile homes used as residences for farm workers, who she said she would employ to assist in tending to her horses.
That plan did not move forward, and 28 horses were seized from the property in November 2003 by the MSPCA.
The town was notified this week by Donald R. Lassman, the bankruptcy attorney handling the case, that the five 40-foot mobile homes �are burdensome, are of inconsequential value and benefit� to the estate, hence they have been abandoned.
The units are decades old and in a state of disrepair, most having been vandalized.
Selectmen voted several weeks ago to send a letter to Pina informing her that she would be fined for each day the mobile homes remained on the property beyond the date decided upon by the board and zoning officials. | Source: The Enterprise - April 26, 2007
Update posted on Apr 27, 2007 - 2:46AM |
After a week long trial and a day of deliberation, a Wareham District Court jury found a local horse breeder guilty yesterday of 45 counts of animal cruelty for not providing her horses with adequate food, water, and medical care.
Judge Thomas Barrett ordered Patricia Renee Pina , 47, jailed until sentencing on May 3, saying she "earned a period of incarceration."
Pina, owner of the Aces Wild Farm and Ranch , was found not guilty of charges she failed to provide the horses with a sanitary environment. And Barrett, at one point in the trial, set aside a series of charges relating to Pina's treatment of her sheep, saying there was insufficient evidence .
Pina could be sentenced to up to one year in jail for each of the counts for which she was found guilty. The charge of animal cruelty was a misdemeanor when the counts were filed against Pina in 2004, so she will be sentenced accordingly. It has since been upgraded to a felony .
"I think it will be a combination of jail time and probation," predicted Plymouth District Attorney Timothy J. Cruz . "And obviously we'll be asking that she not be allowed to own animals."
The investigation into Pina's farm began in October 2004, when she contacted state authorities after five of her horses died in the span of a week. Pina believed the animals were sick with a neurological disease, such as Eastern equine encephalitis, or had been poisoned by neighbors, who often complained about her operation.
Animal welfare authorities entered Pina's property on Parsonage Road with a search warrant on Nov. 3, 2004 and found 28 bone-thin horses being kept in stalls half the required size. A flock of 33 sheep also showed signs of neglect. The authorities took the animals from Pina to Brockton Fairgrounds, where they were examined by state veterinarians. Two of the horses subsequently died.
Several veterinarians testified on the condition of the animals during the trial.
"I think justice has been served," said Peter Gollub , law enforcement director of the Massachusetts Society for the Prevention of Cruelty to Animals, after the verdict.
His agency had initially lodged 112 criminal complaints against Pina, for allegedly starving her horses and sheep and not providing sanitary living conditions. Pina pleaded not guilty.
Pina contended that all her difficulties managing the Aces Wild farm were caused by Plympton town officials. She said she was forced to crowd as many as 30 horses into undersized, makeshift stalls in a single barn because the town had refused her a permit to build additional facilities. She also battled the town in court for more than two years over trailers she put on her property to house hired help.
Her animals were neglected, she said, because she had been unable to hire workers to help on the farm, as she battled officials.
Gollub said the animals are in the custody of the MSPCA. "What happens to them now remains to be seen," Gollub said. "It will be up to the judge to decide." | Source: Boston Glove - April 4, 2007
Update posted on Apr 4, 2007 - 7:30AM |
Parsonage Road horse farmer Patricia Pina was arraigned for the second time on animal cruelty charges that resulted from the removal of 28 horses and 33 sheep from her 36-acre farm by the MSPCA in November 2004. Pina was arraigned Wednesday in Plymouth District Court on 112 counts in connection with cruelty to the horses and some of the sheep removed from the property, with charges related to lack of food, water and sanitary conditions.
Pina was first arraigned in 2005 on three counts of animal cruelty, but those charges were dropped by Assistant District Attorney Suzanne Dunleavy the day the trial was to begin in Wareham in March. Court documents indicate the charges were dropped so additional charges could be pursued by the MSPCA.
On Wednesday, Pina waived the reading of the charges in Plymouth District Court and was reassigned public defender attorney Edward Joyce of Webster, Nagle, Brown and Joyce.
Joyce was assigned to the case during the first arraignment and, after a discussion with Judge Thomas Brownell on Wednesday, was allowed to continue with Pina's defense. Joyce filed a motion of particulars with the court Wednesday asking for the names and addresses of all who participated in the matters that Pina stands accused and for the names of those who furnished information to law enforcement officers and who are alleged to have been present during each alleged offense. Of the herd of 28 horses, a few were stated not to need hoof care when examined by farrier Nicholas Denson.
The search warrant, which was acted upon Nov. 3, 2004, signed by MSPCA Law Enforcement Officer Lori Miranda, followed an initial visit to the Parsonage Road farm in October, at which time Miranda observed two dead horses and another horse that was lying ill in Pina's barn. | Source: The Enterprise - May 13, 2006
Update posted on Jun 4, 2006 - 6:27PM |
Plympton resident Patricia Pina will be arraigned for a second time on animal cruelty charges stemming from the November 2004 seizure of 28 horses and 33 sheep from her Parsonage Road farm by the MSPCA. Pina was to have a show cause hearing before special Clerk Magistrate Kenneth F. Candito on April 21, 2006 in Plymouth District Court.
A court date will not be set until a criminal application is issued.
After the hearing, Pina said Assistant District Attorney Suzanne Dunleavy and MSPCA Law Enforcement Officer Lori Miranda were present during the hearing. She said it was decided she would face more than 150 counts of animal cruelty, instead of the three original counts. The additional counts, up to three counts each per seized animal, include lack of food, water and sanitary conditions.
During the first arraignment in 2005, Pina was charged with three counts of animal cruelty and or neglect after six horses died on her farm in October 2004 just prior to the seizure. Three horses were euthanized after three others died at that time, and the rest of the animals were removed after Pina called the state veterinarian seeking assistance. The seizure of the farm animals occurred after the MSPCA and the Animal Rescue League inspected the farm. Pina has contended that her horses died after being poisoned or ingesting cherry tree leaves, which are toxic, or by other means not attributed to her care. At the 2005 hearing, District Attorney Suzanne Dunleavy, after conferring with the trial judge in Wareham, dropped the charges and prepared documents allowing her to seek the additional charges. Bridget Norton Middleton, spokeswoman for the Plymouth County district attorney, said she couldn't comment because the criminal application has not yet been filed. | Source: The Enterprise - April 23,2006
Update posted on Apr 23, 2006 - 11:06AM |
The trial of Parsonage Road horse farmer Patricia Pina, which was scheduled to start on March 27, was stopped by the state on a technicality.
Pina's attorney, Edward Joyce, said Monday the state ended the prosecution because a district court judge said the number of charges did not correspond to the number of animals seized.
"If they went forward with three counts, even if she was convicted, the judge would not allow forfeiture of all the seized animals," Joyce said.
The November 2004 seizure of more than two dozen horses and a flock of sheep followed a complaint by the MSPCA.
Pina faced three counts of cruelty to animals stemming from the seizure.
On the morning of March 27, the trial was stopped after attorneys conferred with the trial judge in Wareham District Court.
A six-person jury had been ready to the hear the case.
A total of 16 witnesses � most of whom were veterinarians, MSPCA employees and a law enforcement officer from the Animal Rescue League � were listed to testify against Pina.
Joyce said it is his belief the state will write new charges and Pina will be arraigned on additional charges.
The original complaint against Pina was written by MSPCA law enforcement officer Lori Miranda following the death of several horses in October 2004.
The state alleges Pina did not provide adequately for the horses, while Pina contends her horses were either poisoned, ate cherry leaves that are toxic to horses or died of causes unrelated to her care. | Source: Enterprise News - March 28, 2006
Update posted on Apr 11, 2006 - 12:18AM |
Aces Wild Farm owner Patricia Pina was arraigned Tuesday morning in Plymouth District Court on charges of cruelty to animals stemming from the seizure of 28 horses from her property by the MSPCA in November.
Pina, who pleaded not guilty to three charges of cruelty to animals, was assigned a public defender and met with attorney Edward Joyce immediately following the arraignment.
Many of the horses removed from the farm in November appeared severely undernourished, while others appeared in normal condition, authorities said.
MSPCA Law Enforcement Officer Lori Miranda visited the property in October when Pina called the state seeking assistance after six horses died during a one-week period.
Pina said she requested state veterinarians to help when no private veterinarians would come to her farm. Following that call, MSPCA and Animal Rescue League law enforcement officers arrived and called a veterinarian to the property.
At that time, autopsies of two horses were conducted before the horses were buried on the property.
Pina contends she had properly fed her animals, from which she says she derives her livelihood by horse breeding. She has stated that she believes the animals suffered poisoning either environmentally � by ingesting cherry tree leaves � or by someone who entered her property while she was not home.
Pina has been involved in litigation with the town of Plympton for more than two years since she filed a racial discrimination suit against town officials in 2002 after the Zoning Board of Appeals requested she seek a special permit to have mobile homes on her property for housing farm workers.
Pina took the town to Land Court seeking a decision on her right to have the trailers on her land for agricultural uses. That decision is expected in June.
Veterinarian Mark Reilly of Mid Cape Animal Hospital in Marstons Mills attended to the horses while they were on Pina's farm in October, before the seizure by the MSPCA.
In a letter to Miranda describing his findings, Reilly examined "an aged quarterhorse mare" and indicated the horse was suffering from an esophageal obstruction, referred to as choke, and the horse had "sharp points on the teeth and a body score."
Pina elected to have this horse euthanized. The horse was then further examined, and Reilly found "the teeth to be very sharp" on both top and bottom portions of the jaw.
"It is my opinion the majority of the horses under Ms. Pina's care were underweight," Reilly wrote in his letter. "I do believe she was feeding them a decent and full ration. My concerns were that of dental care and proper deworming."
Reilly recommended that all the horses have fecal examinations, have their teeth filed down and to administer proper vaccinations. | Source: The Enterprise - March 23, 2005
Update posted on Mar 25, 2005 - 4:16AM |
As controversy continues to swirl around Aces Wild Farm, two of the lawsuits involving owner Patricia Pina are expected to move forward in the coming weeks.
Just days after a housing complaint was filed with the Plympton Board of Health, Pina was in Plymouth District Court for a show cause hearing regarding the removal of horses from her property last fall.
And the United States Justice Department is presently determining if and when a federal lawsuit will be filed against the town on Pina's behalf, alleging racial discrimination in the town's failure to allow her to place mobile homes on her 36-acre property to house farm workers.
Attorneys for both sides entered into an Agreement to Toll Statute of Limitations, which extends the deadline for the filing of the case by the Justice Department beyond March 3.
Attorney Leonard Kesten, of Boston law firm of Brody, Hardoon, Perkins and Kesten who was hired by the town, said Friday that trial attorney Charla Jackson from the United States Department of Justice has contacted his office regarding the Pina case.
Kesten said he told Jackson, "I'm always happy to talk to you, but I'd be happier to litigate it."
HUD regional spokeswoman Kristine Foye said Friday via e-mail, "The Department of Housing and Urban Development did a preliminary investigation and referred it to the Department of Justice, which under the Federal Fair Housing Act makes the determination of whether cause exists to file on Ms. Pina's behalf."
Foye said HUD cannot comment further at this time.
In her complaint filed with the Department of Housing and Urban Development two years ago, and subsequently investigated by the Justice Department, Pina alleges that the town of Plympton has acted in a discriminatory way, which she has referred to as a trend, that has permeated the town offices.
Town officials have called that claim ridiculous.
Pina said she is now seeking damages from the town for the loss of her business as a result of the town's denial to allow her the farm help she needed to maintain her animals.
"They are trying to say I am not a farm because I don't have horses here right now," she said.
The horses were removed from the 36-acre property, which lies between Parsonage Road, Route 58 and Winnetuxet Road, on Nov. 3 by the Massachusetts Society for the Prevention of Cruelty to Animals.
The MSPCA has accused Pina of abuse and neglect of the horses removed by the agency after executing a search warrant and removing 28 horses in November.
Pina contends that neighbors or someone with ill will toward her because of her ongoing litigation with the town poisoned her animals.
Plymouth District Court clerk magistrate Daniel Sullivan is expected to decide this week whether Pina will be charged with animal cruelty.
Pina said attorney Deborah Ecker also of Brody, Hardoon, Perkins and Kesten, which was hired by the town after Pina filed her complaint with HUD, told a Land Court judge that the animals were gone, so the need for mobile homes no longer exists.
"If you want to build a barn, follow proper application, build it, then you have a business," Kesten, the attorney, said. "Just as soon as you have your business, then hire workers."
The town requested Pina apply for a special permit for the mobile homes following a public meeting in 2002, during which town counsel told selectmen in preliminary discussions about the mobile homes that they could attempt to fight Pina, but Chapter 40A allowed the use of farm housing under agricultural law, that state law supersedes town bylaws and a special permit was not required.
Pina said since the filing of the complaint with HUD, her Plympton business has come to a standstill, leading to the seizure by the MSPCA.
A ruling from Land Court as to whether Aces Wild is a farm is also expected soon.
"Housing (Land) Court will decide it, and shut it all down quickly," Kesten said, referring to an end to the lawsuit.
In her most recent battle, Pina received a phone call from the Plympton Board of Health last week stating that a housing complaint had been filed against her and the board wanted to enter her house.
Pina said she immediately requested the health board put the request in writing, which it did in a very short letter, which said only that a "housing complaint" had been received.
Pina said the nature of the complaint was not indicated, and produced the letter, signed by Debra Murphy, assistant health agent.
Pina said she replied in writing that the board would not be allowed to enter her house without a search warrant.
Those pieces of correspondence were immediately forwarded to her attorney and to the Justice Department, Pina said, and the Board of Health later told her the case was closed.
Board of Health Chairman Abdu Nessralla was aware of the written complaint.
"What it boils down to is we have a written complaint and we have to act on it in 24 hours," he said, adding the board is not going to pursue it any further.
He said Pina had the right to deny the board access to her home.
Pina said she learned Thursday the complaint was filed by Heidi Erickson, 43, with whom Pina developed a friendship several months ago.
Erickson, who is sometimes referred to by the media as the Cat Lady, is also fighting the MSPCA after the agency seized dozens of Persian cats from her Beacon Hill apartment in 2003. The two met in the Plymouth Law Library, and a friendship was forged through their common legal battle.
The women, both with a background in law, prepared documents together that would mount Pina's battle against the MSPCA.
Pina said Erickson is without a permanent home because of the ensuing battling with the MSPCA.
Pina believes Erickson filed the housing complaint after a falling out between the two women, yet she still feels bad for Erickson.
"It's all because of what they (the MSPCA) did to her. She is messed up because of it," Pina said.
In Erickson's case, the media reported 60 dead cats were discovered in her Boston Back Bay apartment and another 43 cats seized and later euthanized by the MSPCA. | Source: The Enterprise - March 21, 2005
Update posted on Mar 21, 2005 - 8:52AM |
Patricia Renee Pina has been ordered by a Plymouth District Court judge to post a bond of $45,000 for the care of animals seized from her Parsonage Road property Nov. 3 by the Massachusetts Society for the Prevention of Cruelty to Animals.
Pina was summoned to court Wednesday, where Stephen LaRose, attorney for the MSPCA, asked the court to order Pina to post a bond of $104,792. The court rejected that figure, but ordered Pina to post a $45,000 bond. | Source: The Enterprise - Jan 17, 2005
Update posted on Jan 17, 2005 - 7:58AM |
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