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Case ID: 3762
Classification: Hoarding
Animal: horse
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Severe horse neglect - 20 seized
Carlisle, NY (US)

Incident Date: Tuesday, Feb 8, 2005
County: Schoharie

Disposition: Acquitted
Case Images: 1 files available

Person of Interest: Mary Dawn Sitors

Case Updates: 6 update(s) available

State police say a Schoharie County woman failed to provide food and water for some of her 60 horses. "They're thin. Some of them are 100 to 500 pounds underweight," said Kathy Stevens, director of the Catskill Animal Sanctuary in Saugerties where the animals are now being cared for.

She says most of the 20 horses seized are close to the worst condition possible, with parasites, disfigured hooves and a skin fungus.

"The skin comes off in clumps. It's treatable. There no reason an animal should have this over its entire body," Stevens said.

They came from the Palomino Palace in Carlisle, where state police gave an appearance ticket to 45-year-old Mary Sitors, ordering her to show up in court next week.

A Duanesburg woman named Sarah Kessler says this case began after Sitors hired her in October as a trainer. Kessler says she went to authorities and to 15 horse rescue farms but received almost no attention.

Stevens says one horse might die because it can no longer swallow.

"If this had happened when it should have, in October, this animal may survive. We don't know, the prognosis is not good," Stevens said.

A state police spokeswoman says investigators had consulted a veterinarian and went away satisfied the horses were thin, but not malnourished. But police say the condition of 20 horses worsened, giving them the authority to seize the animals.

"They'll recover. Animals are amazingly resilient. It's amazing what a little food and water and a little love thrown in can do," Stevens said.

The Catskill Animal Sanctuary will be open this weekend for qualified people who might want to care for the horses, at least until this legal matter is resolved.


Case Updates

All smiles again, Mary Dawn Sitors is now telling her side of the story after a jury cleared her of 20 counts of animal cruelty. Sitors said she still remembers that record cold day in February 2005 when police came onto her property and took her horses.

"50 people. Horse trailers. Cops all over," Sitors said.

Seized were 20 horses that went to the Catskill Animal Sanctuary. Officials there allege that they were malnourished, dehydrated and mistreated. Sitors said the horses were a little thin at the time, but the accounts are exaggerated.

She also said her property was visited several times before the seizure by vets posing as potential horse buyers. Sitors said rather than misleading her, she wishes that she was told upfront if there were any problems.

"If these three vets are into education, then let them educate. Not try to kill somebody," Sitors said. "And take all their money, take their property and take their sanity."

A sanity that has been tough to maintain. Sitors said since the trial she is close to $100,000 in debt. She has also received threatening phone calls and e-mails.

Sitors said it's the strength and support of her friends and family that's pulling her through. Now, she just wants to clear her name.

"I'm not a bad person and they made me out to be a bad, evil person. That's just not fair. How they can ruin people's lives," said Sitors.

Sitors said the next step in this process will be to get her horses back. She also said her goal is to get her story out, to ensure that something like this doesn't happen again.
Source: Capital News 9 - Dec 5, 2006
Update posted on Dec 5, 2006 - 11:19PM 
Mary Dawn Sitor, of Sloansville, is facing 20 misdemeanor charges of animal cruelty after 20 horses were confiscated from her property in February of 2005. Those horses were brought to the Catskill Animal Sanctuary, and officials there allege that many were malnourished, dehydrated, and in poor condition.

"The horses have been in horrendous conditions and excruciating pain that has been attested to by several veterinarians," said Catskill Animal Sanctuary Board member Chris Seelholzer.

On the stand for the prosecution was Holly Cheever, one of four vets that inspected the horses when they first arrived. Sitor's attorney, Terence Kindlon, immediately took issue on a matter of the reports which Cheever first wrote during inspection.

"What we discovered in the middle of the afternoon yesterday is that after the vet signed the statement that information of unfavorable nature had been added to the statement. So, I felt that was somewhere between tampering with evidence and making stuff up," said Terence Kindlon, Sitor's Attorney.

Kindlon asked to dismiss ten of the evaluations from evidence, but that motion was overruled. Kindlon said he's not surprised because in this case, a lot of accusations have been greatly exaggerated.

"There are people out there in the world of so-called animal rights, many who are well intended, cross the line. And, what they do can be awfully offensive. I think they have tendency to play the system," said Kindlon.

But, people like Catskill Animal Sanctuary Executive Director Kathy Stevens disagree. She said she's seen the abuse firsthand.

"We're certainly hoping that in addition to the finding of guilt that the judge will permanently remove the animals form Sitor's property," Stevens said.

Court is out of session for the rest of the week. The prosecution will finish up with its last witness on Monday. Then, the defense will present its case, and the fate of Sitors and her horses will be up to the jury.
Source: Capital News 9 - Nov 22, 2006
Update posted on Nov 23, 2006 - 11:42AM 
In what was a victory not only for 19 horses but also for New York State anti-cruelty law, Catskill Animal Sanctuary won the appeal of a lower court judge's mistaken decision that no cruelty occurred because, to his knowledge, no animal had died from the defendants' extreme neglect. Animal advocates across the state were stunned by the ruling, given that three veterinarians testified that all the horses were in various stages of starvation and other conditions indicating extreme neglect, and that one animal was indeed dying by the time she was removed from her owner.

In his decision last August, Carlisle Town Judge Mark Fletcher wrote, "The law does not dictate or intend to dictate management practices. It does not tell us that animals need to thrive. The intention here is to keep the animals alive." Schoharie County Judge George Bartlett disagreed, and his Decision and Order reversing that of the lower court judge is expected to become one of the leading decisions on cruelty cases throughout New York State.

Bartlett reversed Carlisle Town Judge Mark Fletcher's denial of CAS's application for a Security bond to cover the costs of the Sanctuary's care for horses removed by State Troopers from defendant Dawn Sitor's site "Palomino Palace." Such a posting, commonplace in cruelty prosecutions, is provided for by law and compels defendants to surrender their animals if they are unable to post the bond.

Judge Bartlett also reversed Judge Fletcher's dismissal of the criminal case against Sitors, which Fletcher had dismissed because of his findings in CAS' related civil proceeding.

In his Decision, Judge Bartlett remitted CAS' case back to the Town Court Judge to make a determination consistent with the proper standard for animal cruelty cases. This standard cites a wide range of cruelty and neglectful actions by which someone can be prosecuted. Bartlett also restored the criminal case. A new Judge now presides in the Town of Carlisle Court.

The horses all gained 300 or more pounds after their arrival at Catskill Animal Sanctuary, and were treated for starvation, dehydration, parasites, skin conditions, disfigured and painful hooves, and other ailments. One young mare, Cricket, was so ill she could not chew or swallow, and was humanely euthanized at the unanimous suggestion of four veterinarians. The rest are thriving.
Source: Catskill Animal Sanctuary
Update posted on Apr 3, 2006 - 8:14PM 
Mary Dawn Sitors had been charged with not properly feeding 20 of her horses. On Tuesday, the charges were dismissed.

In August, the civil case was dismissed after a low burden of proof was not met. Attorney Terence Kindlon said the criminal charges were dismissed since that case would have had an even higher burden of proof using the same evidence and witnesses.

The animals were taken from the Palomino Palace in February and sent to the Catskill Animal Sanctuary. Kindlon said Sitors will likely sue to get her horses back.

The district attorney is reportedly appealing the decision.
Source: Capital News 9 - Sept 6, 2005
Update posted on Sep 6, 2005 - 1:31PM 
The civil case against a Schoharie County woman charged with animal abuse has been dismissed.

According to lawyer Terence Kindlon, the civil case against Mary Dawn Sitors was dismissed after a low burden of proof was not met. That's one reason Kindlon said the criminal case, which will begin Sept. 6, should also be dismissed. He said that will have an even higher burden of proof using the same evidence and witnesses.

Police raided the Palomino Palace in Sloansville in early February where Sitors was breeding around 60 horses. Twenty of the horses were seized and brought to the Catskill Animal Sanctuary. Kindlon said Sitors hopes to get her horses back.
Source: Capital 9 News - Aug 15, 2005
Update posted on Aug 16, 2005 - 7:25PM 
Sitors pleaded not guilty to 20 counts of cruelty to animals. At a hearing last week in Carlisle Town Court, Mary Dawn Sitors pleaded not guilty to 20 counts of cruelty to animals, a violation of the Agriculture and Markets Law. She was arrested and charged by state police at Loudonville Feb. 8 for allegedly failing to provide proper sustenance for the animals. Roughly 40 horses remain in her care.

All but one of those 20 horses taken from Sitors' Schoharie County farm, which became the wards of the Catskill Animal Sanctuary, are slowly recovering, according to Director Kathy Stevens.

Cricket, a 4-year-old mare, had to be euthanized after her organs started shutting down, which veterinarians suspect is from starvation and dehydration. She was 500 pounds underweight, and could not chew or swallow.

The rest, almost all of which are pregnant and suffering from maladies including skin infections and fungus, parasites, disfigured hooves, diarrhea and weakness, are recuperating at the sanctuary, located on Old Stage Road near the town of Ulster border.

Stevens said in the roughly two weeks since the story of the horses and their plight was publicized by local media, there's been an outpouring of support for their care. A 2,000-square-foot pole barn was erected by members and volunteers to house the animals, and a 10-acre pasture was converted into a quarantine field to prevent them from infecting the roughly 80 other farm animals that share the sanctuary.

One anonymous donor came though with a check for $2,000 after reading that it costs about $100 a month to feed each horse. "She said this is to feed all 20 horses for the next month," Stevens said.

Sitors is reportedly seeking to have the horses returned to her.
Source: The Daily Freeman - Feb 22, 2005
Update posted on Feb 23, 2005 - 9:45AM 

References

« NY State Animal Cruelty Map
« More cases in Schoharie County, NY

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