Attorneys/Judges
| Prosecutor(s): | Katherine Houston, Tim Stoen, Emily Brinkman | | Judge(s): | Ronald Brown, Cindee Mayfield, Jonathan Lehan |
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Case #6799 Rating: 2.6 out of 5
35 malnourished horses seized from property
Westport, CA (US)Incident Date: Tuesday, Dec 27, 2005
County: Mendocino
Disposition: Convicted
Case Images: 1 files available
Defendant/Suspect: James L Denoyer
Case Updates: 27 update(s) available
Mendocino County Animal Control Officer Susan Bottom and her assistant, Mandi Liberty, led a raid December 27, 2005 in which 20 hungry quarterhorses were seized from dark and muddy riverbank corrals just north of Branscomb Road.
Robert Murray, said to be the caretaker of the property, was arrested and transported from the scene, said Dennis Bushnell of the Mendocino County Sheriffs Department. The case remains under investigation. More than two dozen volunteers sloshed through ankle deep mud and helped remove 18 mares and two stallions in an operation on Howard Creek Road that started in the heavy rain about 3 p.m. and concluded by 7 p.m. One quarterhorse mare was found dead in the mud . "I have been walking in this mud. It is over my boots, I almost lost my boots," said Bottom, who runs the county shelter on Summers Lane, along with Liberty and community volunteers. "The horse that died, it looks like she got in, couldnt get out and just kind of went over," she said.
Like all other local rivers and streams, normally tame Howard Creek was turned into an angry torrent by the hard rains. Local rivers from the Eel to the Navarro were under flood warnings from the National Weather Service. "At this point the conditions are atrocious for the horses to have to be in. They are all shy of weight and they have wounds and injuries," Bottom said, explaining the decision to take all the horses. Another quarter horse had a large open gash on its lower leg. Some of the horses had ribs showing. The horses were said to be of quality racing stock. One white horse had sparkling, green eyes that seemed to glow. Her backbone stood out like a rope and her sides were sunken but the animal was lively and energetic.
The herd of mares had been living outside on the muddy stream banks and steep hillsides and apparently without adequate food. The stallions had been living in a barn and seemed in much better condition. One of the two stallions was said to be the sibling of a world champion quarter horse that lives in Cleone. On two occasions, the stallions caught sight of each other and each let out sounds more like a roar than a whiney.
All the horses eagerly gulped hay that was offered as if it were a delight like a lump of sugar or ear of sweet corn. A search was to resume for two other horses of the 23 that had been on the property, which are thought to be alive and still loose.
Four healthy, friendly dogs were also taken to the county animal control facility, as the property was left vacant following the arrest of the caretaker. Bottom was pleased by the big turnout of local volunteers, who brought their horse trailers and transported the animals mostly to the Shoreline Riders facility on Turner Road in south Fort Bragg for the night. Bottom said the horse lovers, several of whom did not want their name used in the newspaper, should be formed into a special rescue team. Many of the volunteers are affiliated with Shoreline Riders and knew how to use a rope and how to talk a horse into a trailer. Veterinarian John Fling, whose local practice is only to treat horses, was brought in to help evaluate the condition of the animals and he confirmed they were malnourished. He said he had seen worse but the seizure was needed and not a moment too soon. "This has been long overdue," Fling said.
He pointed to a load of decayed grass hay that had been purchased, hauled in and then left to rot on the back of a relatively new diesel flatbed truck, saying the hay could have been used to feed the horses. "You wouldnt want to feed it to your iguana now," he said. Fling said such allegations of animal abuse are very uncommon on the Mendocino Coast. "Its extremely rare up here, everybody here takes care of their animals 110 percent." Clearly one of the most amazing parts of the story was how many volunteers showed up so quickly, bringing horse trailers and many skilled horsewomen and men. Justin Pyrorre was one volunteer who drove his horse trailer from Fort Bragg to pick up the malnourished horses.
"How [quickly they responded] today shows how much people in this area care for animals. If there had been 100 head, you would have seen 15 more horse trailers out here," Fling said.
County records show the 20-acre property at 24211 Howard Creek Road is owned by James L. DeNoyer.
Case UpdatesThe animal neglect trial of Westport resident James Denoyer ended Wednesday with a guilty plea.
Denoyer pleaded guilty to one count of improper disposal of a dead animal almost three years after he was charged with felony animal neglect after Mendocino County Animal Care and Control seized 35 horses from two pieces of coastal property in December of 2005. Another horse was found dead at the scene.
Denoyer will be sentenced to three years probation. As part of the agreement, four of the 35 horses that were seized will be returned to him; the rest were sold at auction shortly after Denoyer was charged.
Denoyer will not get his horses back until after he pays off the remaining $5,000 he still owes the county for their care. He will also be barred from owning more than four horses and will be required to notify the District Attorney's Office of any change in the ownership of the horses.
In addition, Denoyer will be required to tell the District Attorney's Office where the horses are at all times and provide an address and telephone number. Denoyer will also have to pay for quarterly inspections of the horses' health by a veterinarian of his choosing, and semiannual inspections by a veterinarian of the county's choosing will also be required.
According to DA's reports, the deal was reached after the District Attorney's Office decided that a retrial of Denoyer would be no more successful than the first because witnesses had been lost and no new evidence had come to light.
Denoyer's first trial on 35 charges of felony animal neglect charges ended in a mistrial after the jury was unable to come to a unanimous decision.
After the horses were seized, they were cared for by several local volunteers and later auctioned off to pay the resulting expenses. Ronni McFadden, one of the primary organizers of the volunteers, said she had been asked by the county not to talk about the outcome of Denoyer's trial because of a pending lawsuit.
Denoyer's brother-in-law Mark Scripter, has filed suit against McFadden, the county and several others alleging defamation. Scripter purchased several of the horses at auction, which sparked outrage when they learned he was Denoyer's brother-in-law.
Scripter's suit is ongoing and scheduled for a case management conference next month. | Source: Ukiah Daily News - Aug 29, 2008
Update posted on Aug 29, 2008 - 5:33PM |
Mendocino County Superior Court Judge Ronald Brown declared a mistrial in the animal abuse case of James Denoyer Friday night.
The jury in the trial was unable to come to a verdict after two days of deliberation. Ten of the jurors were voting for acquittal and two for conviction.
Denoyer was on trial for 36 counts of animal abuse in connection with 36 horses that were seized from his own property in Westport and from rented property on Branscomb Road in December of 2005.
Jury selection in Denoyer's trial took more than a week to complete and the trial itself an additional two-weeks.
Deputy District Attorney Katherine Houston now has until Aug. 10 to decide if she wants to retry the case. That hearing is scheduled for 1:30 p.m. | Source: Ukiah Daily Journal - July 21, 2007
Update posted on Jul 22, 2007 - 8:08AM |
The second day of trial for James DeNoyer, the Westport man charged with 36 counts of felony animal abuse after Mendocino County Animal Care and Control officers seized 36 horses from property in Westport and Laytonville in December 2005, saw the prosecution continue to call witnesses.
They included a caretaker hired by DeNoyer to feed his horses, a farrier who cared for the horses' damaged hooves after they were seized and three officers from the Mendocino County Sheriff's Office.
The full day of testimony Monday began with the cross-examination of Senior Animal Control Officer Susan Bottom, who was the first and only witness to take the stand Thursday, the first day of trial.
Bottom, the investigating officer in DeNoyer's case, said she worked with DeNoyer to put weight on the 22 horses housed on his property in Westport on Howard Creek Road from May to August 2005 until staffing issues at Animal Care and Control made frequent follow-up difficult.
Until she heard complaints and later viewed pictures taken by a former caretaker in late December showing the current status of the horses, including a picture of a dead horse, she said she had no reason to believe that he wouldn't continue to take steps toward remedying the problem, including feeding and watering the animals and cleaning up trash on the property.
"He already knew what he needed to do," Bottom said. "I assumed he would continue."
The former caretaker who took the pictures, Rosalie Caesari, however, was put in charge of the horses from late August through early December.
Caesari, a horse rider since the age of 4 and a veterinary assistant in the 1980s, said that in turn for the chance to camp on DeNoyer's property with her daughter, she cared for the animals.
She testified Monday that DeNoyer instructed her to feed each horse two flakes of hay -- a flake is a four-inch section off of a bale -- both morning and night, as well as some dry corn. But when that didn't seem to be putting weight on the animals, she told DeNoyer she thought they needed something different, but nothing was done.
"They weren't gaining weight and they were very skinny," Caesari said. "They didn't seem to get better with food. They just deteriorated."
She said she also told DeNoyer that at least one horse needed its hooves trimmed, and four others that had been shawed for an event should have the shoes removed when they later began to loosen. She also said a horse with a wound needed veterinary attention. Again, she said, nothing was done.
While she never saw the conditions change, she didn't notify Animal Care and Control until Dec. 24 because then, "there was a dead horse." By that time, she had moved from DeNoyer's property and taken another caretaking position with the Shoreline Riders, a Fort Bragg rodeo club.
DeNoyer's lawyer, Stephen Turer, questioned Caesari about the reason she left DeNoyer's, suggesting she was asked to leave for a drug or alcohol problem, but she disputed the claim.
Also called to the stand Monday were MCSO Lt. John Dennis Bushnell and MCSO Sgt. Sean Wristen, officers who provided security for Animal Care and Control and a group of volunteers on Dec. 27, when the horses were removed from the property.
At the time, Bushnell, now coast commander, was a patrol sergeant.
"The first thing I noticed was they were all pretty skinny and you could see their ribs through their skin," Bushnell said of his arrival at the scene at about 2 p.m. that day.
He said that while he couldn't see any food out for the horses, there was a truck loaded with hay bales and partially covered by a tarp holding hay that "looked black and moldy."
Wristen, now a sergeant, but then a bailiff for the Ten Mile Court and patrol officer assigned to the coast, described the scene at an upper portion of the property near the barn, where mud was knee-deep and torrential rains came down.
"There was a dead horse laying in the mud that was hardly visible because of the depth of the mud," Wristen said.
He noted that when a fresh truckload of hay was brought to the property to allow the horses to eat while waiting to be examined by a veterinarian, they went straight to the truck and began to eat before bales were even taken off.
Wristen, who became the investigating officer on the case for MCSO, said he also spoke with a man living in a trailer on the property, Robert Murray, who identified himself as the current caretaker, saying DeNoyer was out of town.
"He said he was taking care of the horses as Mr. DeNoyer requested," Wristen said.
Murray was arrested at the scene because the horses were in his care at the time, and under his care were "decrepit," Wristen said. Murray, however, was never prosecuted.
MCSO Sgt. Michael Davis, at that time coast sergeant, but now stationed in Laytonville where he resides, also was called to the stand for his role in the seizure of 14 horses from land DeNoyer rented near Laytonville on Branscomb Road on Dec. 29.
At the time, Davis said he was commuting to his post on the coast via Branscomb Road, which led him to notice that the horses at the property appeared thin. A horse owner himself, he asked MCSO dispatch to contact Animal Care and Control regarding the horses' welfare sometime in early December.
He didn't follow-up on the request, but said when Bushnell requested he check on some horses in the area on Dec. 29, he immediately thought of them and went to the property.
"I saw that all the horses appeared to be thin," Davis testified, noting some more severely so than others.
While there was short grass growing in some areas, he said there was no other food for the horses around, and told Bushnell that he believed the horses should be removed from the property as well.
Most of the 36 horses were taken to Willits, where Jeff Ceresa, a trained farrier (a person who shoes horses and also does corrective work on horses' hooves), examined those identified as in the worst condition on Jan. 3.
Giving the last testimony of the day, Ceresa said one of the three horses he saw had "foundered," meaning the soft, nerve-sensitive sole of the foot came to rest on the ground rather than the hard, outer wall of the hoof. He called it an "extremely serious condition" that is painful to the horse.
While it can have a number of causes, Ceresa said it had gone on for at least nine months. Other horses, he said, had abscesses and bacterial infections on their feet.
The trial resumes this morning at 9. The prosecution, led by Deputy District Attorney Katherine Houston, is expected to call more witnesses.
Houston said if DeNoyer is found guilty by the 15-member jury, the sentence could carry prison time, or it could result in a fine. | Source: Ukiah Daily Journal - July 10, 2007
Update posted on Jul 10, 2007 - 12:45PM |
More than a year after Mendocino County Animal Care and Control officers seized 36 horses from two pieces of coastal property, their owner, Westport resident James Denoyer, went on trial on animal abuse charges Thursday.
"Thirty-six horses were rescued from starvation and pain from property in Westport and on Branscomb Road," said Deputy District Attorney Katherine Houston in her opening statement Thursday.
Houston presented photographs along with her opening statement that showed horses that were thin with ribs, hips and spine sometimes clearly visible.
"You will hear that it takes a long time for a horse to have that much bone protrusion, to lose that much fat and muscle," Houston said.
"This does not happen overnight," she said. "This is not what happens if you go away for a weekend and forget to leave out food."
Denoyer's attorney, Stephen Turer, disputed that statement, citing statements from veterinarian Dr. Paul Michelsen that a horse can lose up to 400 pounds in between two weeks and a few months.
"This all could have happened in two weeks," Turer said.
Houston described Denoyer as having been indifferent to the health of his animals, neglecting them and allowing their health to deteriorate in front of him.
Turer said Denoyer was overwhelmed trying to care for the horses while working a full-time job and, later, taking care of his mother, who lives in Walnut Creek and had suffered a stroke.
"I think the evidence will show, if anything, that Mr. Denoyer got in over his head."
The jury also heard testimony by Senior Animal Control Officer Susan Bottom, who was the investigating officer in Denoyer's case.
Bottom was first called to Denoyer's property in May of 2005, on reports that his horses were thin and unhealthy. Bottom met with Denoyer in May and once a month after that until August to advise him how to take care of his animals.
"It was the same thing I always heard, I'll get to it, I'll get to it,' but he never did," she said.
Bottom said when she first saw the horses they were thin and suffering from hoof problems and rain-rot, a bacterial infection that can cause a horse's hair to fall out and commonly occurs when horses can never fully dry-off.
"They looked like a very sad herd of horses," she said.
Bottom testified that she always saw food on the property when she visited, but never saw Denoyer feed the horses. She also said the horses did not appear to have been supplied with adequate water.
On cross-examination, Bottom testified that there are reasons, other than lack of food, that horses might lose weight. She also testified that Denoyer appeared to be trying to correct the situation.
"None looked any worse and some looked better," she said of the horses.
After the August meeting, Bottom was not able to meet with Denoyer again until the horses were seized on Dec. 27, 2005, because of complications within the Animal Control department.
On Dec. 20, 2005, Director of Animal Control John Morley held a meeting with a group of local concerned citizens and "horse people" to discuss preparations for investigating the health of Denoyer's horses on Jan. 11, 2006 and staging resources to seize them if the animals' health was at risk, Bottom said.
She said Morley wanted to wait three weeks to make sure everything would be in order, including securing search warrants and finding a way to transport the horses and somewhere for them to stay.
Bottom testified that Denoyer was not at this meeting and had not been contacted about the health of his horses since August.
On Dec. 27, 2005, Bottom said she was contacted by Rosalie Caeseri, who had been living on Denoyer's property and taking care of the horses and had recently been dismissed.
Bottom testified that Caeseri gave her photographs of Denoyer's horses taken between September and December of 2005 that showed them to be in bad shape.
On cross, Bottom testified that the pictures showed available food and some of the horses eating. She also testified that she did not know when the pictures had been taken.
Bottom said based on those photographs and a statement from Caeseri, she decided to visit Denoyer's property and that what she saw prompted her to seize the horses.
The animals were transported to Willits and later sold at auction.
Testimony is scheduled to resume Monday with addition cross-examination of Bottom. | Source: Ukiah Daily Journal - July 6, 2007
Update posted on Jul 6, 2007 - 4:38PM |
Newbury resident Mark Scripter, brother-in-law of animal abuse suspect James DeNoyer, is suing the county, the estate of late District Attorney Norman Vroman and numerous individuals for actions surrounding his purchase at auction of several of the horses seized from DeNoyer in December of 2005.
Scripter is suing the county of Mendocino, Vroman's estate, volunteers Roni McFadden, Pam Gadiardo, Janet Kayada and 50 unnamed defendants for breach of contract, defamation, right to privacy and intentional infliction of emotional distress, according to court documents filed April 20. He is seeking unspecified damages.
Scripter had previously filed a $500,000 claim against the county for similar charges; the claim was denied by the Board of Supervisors in October.
The case stems from the sale of horses seized from DeNoyer's property by county Animal Care and Control in December 2005.
Denoyer is charged with 36 counts of animal abuse and is scheduled to go to trial June 25.
In a deal reached with prosecutors, 29 of those horses were sold at auction to help recoup the cost of their care. Scripter bought several of those horses, and the sale sparked outrage from the volunteers who had cared for the horses and the community, when it was learned that Scripter was DeNoyer's brother-in-law.
In his suit, Scripter alleges that the county breached its contract with him by not selling him two horses on which Scripter had been the highest bidder and then later selling them to another person for less than Scripter had offered, according to court reports.
Scripter also alleges that Vroman invaded his privacy by releasing Scripter's name to the media and identifying him as both a high-bidder in the horse auction and the brother-in-law of DeNoyer after the county had guaranteed the names of bidders would remain secret.
"The publicity created by the Defendant (the estate of Norman Vroman) placed Plaintiff (Scripter) in a false light in the public eye and incorrectly portrayed Plaintiff (Scripter) as a criminal and animal abuser," according to court reports.
The publicity was also allegedly meant to "hurt and embarrass" Scripter as well as make him "the object of ill will, hatred, scorn, ridicule and ill feelings," according to the suit.
The suit also alleges Kayada, McFadden, Gadiardo and the 50 unnamed defendants made numerous false statements to the media, including that Scripter had rigged the bidding, that he had purchased the horses under fraudulent circumstances and that the horses would be no better off with Scripter than with DeNoyer, according to court reports.
Scripter alleges that all the defendants "intentionally and unreasonably" caused him "severe mental and emotional distress." Scripter is asking for unspecified damages as well as his legal costs. He is scheduled to appear for a case management conference at 2 p.m. Sept. 9. | Source: Ukiah Daily Journal - May 18, 2007
Update posted on May 18, 2007 - 3:16PM |
The animal abuse trial of Fort Bragg resident James DeNoyer was delayed for a fourth time this week because of witness and evidentiary issues.
DeNoyer was scheduled to go to trial Monday, but the date was changed because the time allotted for the trial was not sufficient, said Deputy District Attorney Katherine Houston.
Houston said the number of witnesses the defense was planning to call, combined with the number of witnesses she was planning to call, would take more than the two weeks scheduled for the trial.
"The trial has been rescheduled for June 25 when there will be enough time," Houston said.
DeNoyer had previously been scheduled to go to trial Jan. 29. That date was vacated because some of the defense investigation in the case had not been completed and the defense investigator had a previously scheduled trial on Jan. 29 in another county and would have been unable to appear.
DeNoyer's attorney, Stephen Turner, said it is not unusual for trials to be continued.
"Things get put off all the time," Turner said. "Hopefully it will go in June like it is scheduled to.
Houston said that, though the jury trial is scheduled for June, evidentiary hearings will begin April 9 in preparation.
"There is forward motion going on, even if it doesn't look like it," she said.
DeNoyer is charged with 36 counts of felony animal abuse in connection with horses that were seized by Mendocino County Animal Control officers in December of 2005 from land DeNoyer | Source: Ukiah Daily Journal - Aprl 4, 2007
Update posted on Apr 6, 2007 - 7:22AM |
| James Denoyer appeared in court for a pre-trial conference yesterday. He will appear in court next on March 29, 2007 at 1:30 p.m. | Source: Mendocino County Case # F0669260
Update posted on Feb 28, 2007 - 7:55PM |
| James L. DeNoyer is scheduled to appear in court for a pre-trial conference on February 27, 2007 at 8:30 a.m. in Mendocino County Superior Court, located at 100 North State Street, Ukiah, CA 95482. | Source: Case # SCTMCRCR06-69260
Update posted on Feb 5, 2007 - 6:26PM |
The Mendocino County District Attorney's Office will be opposing a request for a continuance in the animal neglect trial of Fort Bragg resident James DeNoyer.
This will be the third continuance DeNoyer attorney Steven Turer has asked for since he took the case in May of 2006, according to the DA's Office.
There has been no settlement in the case, and the DA's Office characterized the meeting between Turer and Deputy District Attorney Katherine Houston as "common practice."
"It is unlikely any plea agreement can be reached in this matter," the DA's Office said in a press release.
The DA's Office is prepared to go to trial with its case against DeNoyer Jan. 29 as soon as the murder trial of John Mendoza is completed. | Source: Ukiah Daily Journal - Jan 18, 2007
Update posted on Jan 19, 2007 - 6:27PM |
A date for the jury trial of Fort Bragg resident James DeNoyer was set Friday.
DeNoyer is scheduled to stand trial on 36 counts of animal abuse on Jan. 29. The trial is being delayed until the end of the month because of the homicide trial of John Mendoza.
Assistant District Attorney Katherine Houston and DeNoyer's attorney, Steven Turer, met in chambers with Mendocino County Superior Court Judge Cindee Mayfield Jan. 5 to discuss a potential deal that would allow DeNoyer to avoid trial.
That meeting did not result in a plea, and both sides agreed that more time would be beneficial and scheduled Friday's hearing.
There was no mention made Friday of any agreement that might be in the works between the two parties.
DeNoyer attorney Nathan Raff told Superior Court Judge Ronald Brown DeNoyer had been harassed by a man holding a fistful of pamphlets while entering the courthouse Friday.
The charges against DeNoyer stem from a December 2005 raid on two pieces of coastal property he owns. Thirty-five horses were seized and one was found dead on the property. | Source: date for the jury trial of Fort Bragg resident James DeNoyer was set Friday.
Update posted on Jan 14, 2007 - 4:37PM |
Attorneys in the case of Fort Bragg resident James DeNoyer will need more time to reach a potential deal with the District Attorney's Office that would allow DeNoyer to avoid prosecution on animal abuse charges.
Assistant District Attorney Katherine Houston and DeNoyer's attorney, Steven Trumby, met with Mendocino County Superior Court Judge Cindee Mayfield in chambers Friday afternoon to discuss a possible settlement of the charges.
Houston, Trumby and Mayfield met for 20 minutes, but emerged without a settlement. Mayfield said both sides could benefit from more time and scheduled an additional pretrial hearing for 8:30 a.m. Jan. 12.
DeNoyer is charged with 36 counts of animal abuse in connection with horses that were seized from two pieces of coastal property in December of 2005.
Thirty-five horses were seized by Mendocino County Animal Care and Control. One of the horses was found dead at the scene. | Source: Ukiah Daily Journal - Jan 6, 2007
Update posted on Jan 8, 2007 - 8:52AM |
Fort Bragg resident James DeNoyer may be preparing to make a deal with the Mendocino County District Attorney's Office to avoid trial, after his pretrial conference was rescheduled Friday.
Acting Assistant District Attorney Katherine Huston said in court Friday that the pretrial conference would have to be rescheduled for Jan. 5 because it would take at least that long to review any prospective deal that might be made.
DeNoyer is charged with 36 counts of animal abuse in connection with 35 horses that were seized from property in Fort Bragg and Brooktrails in December of 2005. An additional animal was found dead on the Fort Bragg property.
The horses were seized by Mendocino County Animal Control and later auctioned off as part of a deal with DeNoyer, which included a stipulation that four of the horses would be held pending the outcome of the trial.
Some of the auctioned horses were purchased by DeNoyer's brother-in-law, Mark Scripter of Ventura County.
In October, DeNoyer and Scripter filed a claim against the county that maintained the county owed them each $500,000.
DeNoyer claimed the county failed to auction the horses for the highest possible price, thus depriving him of a reasonable return for their sale.
Scripter claimed the District Attorney's Office and Animal Control failed to protect his privacy during a silent auction and defamed his character, which he said damaged his business of breeding and selling foals.
Scripter also claimed the county promoted threats of personal injury, loss of privacy and property loss.
The county denied the claims of both men. | Source: Ukiah Daily Journal - Dec 9, 2006
Update posted on Dec 9, 2006 - 8:51PM |
A Westport man charged with starving 36 horses says Mendocino County owes him money after it seized and sold the animals.
James DeNoyer claims the county's auction of the seized horses should have earned him 500-thousand dollars. His lawyer says the auction only made 20-thousand.
County officials says DeNoyer still owes more for the horses' rehabilitation, which cost taxpayers 40-thousand dollars.
Ribs and hip bones were visible through the horses' furry winter coats when Animal Control seized them in late December. Many had skin infections and several had grossly overgrown hooves.
DeNoyer is facing 36 counts of animal abuse and is scheduled for trial in January. | Source: KESQ - Oct 14, 2006
Update posted on Oct 15, 2006 - 1:34PM |
James DeNoyer will get a chance to prove he didnt try to do an end run around his bail agreement at an evidentiary hearing next week.
Ten Mile Court Judge Jonathan Lehan scheduled a hearing for 1:30 p.m. Tuesday at the request of DeNoyers attorney, Donald Lipmanson, who wants to have DeNoyers former brother-in-law Mark Scripter speak to the court.
Mendocino County prosecutors say DeNoyer broke the deal he made to stay out of jail when Scripter bought eight horses DeNoyer allegedly abused at an April 10 auction.
DeNoyer is not supposed to have any contact with the horses, or the volunteers who took care of them after the starving animals were seized by animal control officers on Dec. 27.
It belies common sense to to suggest that a former brother-in-law who has no experience with horses is not providing access to the defendant, Assistant District Attorney Tim Stoen told Lehan.
But Lipmanson challenged both of Stones contentions, declaring DeNoyer not only doesnt have access to the horses but that Scripter does in fact have experience with horses himself.
DeNoyer has been charged with 36 counts of animal abuse, one for each of the horses taken from him. | Source: The Willits News - April 28, 2006
Update posted on Apr 28, 2006 - 12:43PM |
Three months after being rescued from starvation, eight of 36 horses seized by Mendocino County Animal Control officials have been sold to a man related to their alleged abuser.
The sale has angered the volunteers who helped confiscate the animals and nurse them back to health.
"All the work, all the suffering of those animals and they've put them right back in hell," said Pam Gagliardo, who blames the county for not uncovering the information prior to the sale.
Mark Scripter of Newbury Park, brother-in-law of Westport resident James DeNoyer, bought the horses at auction. DeNoyer is awaiting trial on 36 counts of animal cruelty, one for each of the ailing horses seized from his Westport ranch and a pasture near Branscomb in late December.
District Attorney Norm Vroman said he believes DeNoyer is thumbing his nose at the law and the county and he's ready to do something about it.
"From all appearances, he masterminded" the purchase, he said of DeNoyer.
If so, it could be a violation of DeNoyer's bail agreement, which included a contingency that he stay away from the horses, Vroman said.
There is no indication that the horses are currently at risk or being mistreated. Neither DeNoyer nor Scripter returned phone calls seeking comment about the sale.
Vroman said he will ask a judge Tuesday to either revoke or raise DeNoyer's bail and to hold him in contempt of court.
Deputy District Attorney Emily Brinkman said the bail could increase from the current $50,000 to as much as $540,000.
Vroman blames county officials for selling the horses to DeNoyer's family.
"Animal Control and Public Health screwed it up," he said, adding that it took one of his investigators only 10 minutes to connect Scripter with DeNoyer.
He said Brinkman had offered to be on the panel overseeing the horse sale, but was turned down.
If she had been on the panel, she would not have ignored the red flags raised by Scripter's bid, Vroman said. Scripter had never owned horses before, yet he bid on 21 of the 32 animals that were for sale. He chose the eight with the best pedigrees, Vroman said.
"If they'd found out the guy had never had a horse in his life and they sold him eight, wouldn't that make them concerned?" Vroman said.
Public Health Director Carol Mordhorst, who oversees Animal Control, defended the sales process.
"The only thing I can say is hindsight is 20-20," she said.
A panel of three people - two veterinarians and a volunteer - went over the applications before she approved them, Mordhorst said.
She said they were concerned about selling so many horses to Scripter, but could find no reason to deny him.
Prior horse ownership was not a condition of the sale, Mordhorst said.
She said the panel checked with the Ventura County boarding facility, where the horses now are, to ensure Scripter had made arrangements to properly care for the horses, Mordhorst said.
And, even if he'd revealed he was related to DeNoyer, Mordhorst said that likely would not have stopped the sale.
"I don't think we could deny them just because they're a relative," she said. | Source: Press-Democrat - April 21, 2006
Update posted on Apr 21, 2006 - 2:36PM |
Fort Bragg resident James DeNoyer pleaded not guilty Wednesday at the Mendocino County courthouse in Ukiah, during his arraignment on charges of animal abuse.
DeNoyer waived his right to a trial within 60 days of arraignment. His attorney, Donald Lipmanson, said he believed the trial would take between two and three weeks to complete.
DeNoyer is on trial for 36 counts of felony animal abuse in connection with Animal Control raids on two pieces of property in December 2005.
According to the testimony of veterinarian Paul Michelsen, who treated the horses after they were seized, many of them were malnourished and in need of medical attention.
The jury trial is scheduled for July 10 at the Ukiah courthouse with a hearing on motions scheduled for June 8.
Meanwhile, Judge Jonathan Lehan's order prohibiting the publication of exhibits of the pretrial hearing was overturned by the California Court of Appeals. Lehan's ruling was appealed by The Ukiah Daily Journal and the Fort Bragg Advocate-News. | Source: Ukiah Daily Journal - March 30, 2006
Update posted on Mar 30, 2006 - 11:42PM |
James Denoyer on Tuesday agreed to waive his hearing with the Animal Care and Control Appeals Advisory Board in Ukiah on the condition that four of his horses be returned to him pending the outcome of his criminal trial.
Denoyer is charged with abusing 36 horses in his care on the coast. The horses were seized in late December by the Mendocino County Department of Animal Care & Control and are being cared for in north county locations by volunteers. Denoyer's case was sent to trial after a preliminary hearing in Fort Bragg and his arraignment is scheduled for March 29 at the county courthouse in Ukiah.
In the stipulation finalized Tuesday between the county and Denoyer, he agrees to permanently surrender to Animal Control 32 of the 36 horses that were seized by the agency.
The horses will be sold and the proceeds will be used to pay for the cost of impoundment and care of the seized horses. This does not include the value of the volunteer labor, however. As Appeals Advisory board member John Stephenson pointed out, volunteers "are only going to get a thank you" for all their hard work.
According to Paul Michelsen, a large-animal veterinarian, the minimum value of the horses in their current condition is between $800 and $1,000 each. The horses will likely be sold at a silent auction, so their value could vary.
Four of the horses will be held by the county until the criminal charges against Denoyer are resolved. Denoyer will not be allowed to see the horses while they are in the county's care, but he will be responsible for the cost of the horses' food, veterinarian care, boarding and labor, etc.
Meanwhile, if Denoyer is convicted of or pleads guilty to any criminal charge, the court hearing the matter will determine whether he can take possession of the four remaining horses, the stipulation states.
Even if the court at some point determines Denoyer can take possession of the remaining four horses or if Denoyer is found not guilty of all charges he will not be allowed to own, possess or care for more than four horses for two years. In addition, a veterinarian, chosen by both parties, would examine the horses, make recommendations for ongoing feeding and medical care, and give needed treatment on a monthly basis for the first year, and bimonthly the second year, all at Denoyer's expense, the stipulation states.
During that time, if the veterinarian finds that Denoyer's care of the horses is unacceptable for any reason, the veterinarian will order the seizure and impoundment of all horses, the stipulation states. If such a seizure occurs, the horses will automatically go back to the county and Denoyer waives all rights to any hearings and or appeals regarding the seizure.
Denoyer's attorney, Donald Lipmanson, told the Appeals Advisory board the horses are "currently in good condition," and that they would be "kept that way" if Denoyer gets them back something the Mendocino County District Attorney's Office does not want to see happen, according to Deputy District Attorney Emily Brinkman.
"For the record, the District Attorney's Office is opposed to the release of these horses to the defendant," Brinkman said.
About two dozen people, including several Animal Control officers, showed up at Animal Control for a hearing that was not held since an agreement had been reached. However, the outline of the stipulation was read to attendees and the public was given a chance to comment regarding the matter, though few people did.
The stipulation allows the county to get the horses out to good homes and cared for immediately, County Counsel Doug Losak said. If a hearing had been held, it could be three or four months down the line before the county would be able to sell the horses, he said, so the stipulation is in the best interest of the horses, and the volunteers who have already been pushed to their limits. | Source: Ukiah Daily Journal - March 16, 2006
Update posted on Mar 16, 2006 - 11:05AM |
Judge Jonathan Lehan on March 8, 2006 overturned his gag order and removed most of the restrictions placed on the press in the case of James DeNoyer, who is charged with animal abuse. Lehan overturned his previous finding after it was challenged by attorney Roger Myers, who is representing three Mendocino County newspapers, including The Daily Journal. "It is inappropriate, at this time, to maintain the gag order that was put in place," Lehan said. Myers argued that the orders put in place in Lehan's Feb. 28 ruling represented a "prior restraint" on the press. Myers said that exercising a gag order against the press was not an acceptable alternative to closing the hearing to the public. "Gag orders on the trial participants are prior restraint," Myers said. "Prior restraint is not a less restrictive alternative."
The only restriction left in place by Lehan was that against photographing and publishing of any pieces of evidence in the trial -- specifically photographs of the horses taken by Animal Control officers when they seized the animals from DeNoyer's property in December 2005. "Publication of the evidentiary exhibits could go to significantly taint the jury pool," Lehan said. He added that the restriction did not apply to photographs already in the newspapers' possession. Myers agreed to the ruling, but noted the press's objection to the restriction. "The right of access includes evidence that is going to be discussed," Myers said. All other restrictions on the press were removed and the gag order lifted. Reporters are now allowed to speak with the witnesses and attorneys in the case, although Lehan did stipulate that DeNoyer's attorney, Donald Lipmanson, and Assistant District Attorney Emily Brinkman would abide by professional ethics when speaking to the press and not reveal the facts of the case. Both attorneys agreed to the restriction.
"The DA's position in any case has been that we don't try a case in public," Brinkman said. "A war of facts, outside this courtroom, would be most inappropriate," Lipmanson agreed. Lipmanson tried to have the pretrial hearing closed to the public during the opening phase Feb. 28, arguing that press coverage of the horse seizure had already tainted the potential jury pool, and that further publicity would make it difficult for DeNoyer to receive a fair trial. Myers argued that the process of jury selection would allow Lipmanson to find a jury that would be unbiased. Myers said he did not feel publicity on the issue covered the entire area, nor would publicity render everyone in Mendocino County unable to render an impartial verdict. "You have the ability, through voir dire, to find jurors who don't read the newspaper," Myers said. In the case that no impartial jurors can be found, Myers pointed out that the trial could be moved to another county, noting that coverage of the case had been mostly in local newspapers and that television coverage had not been significant. | Source: The Ukiah Daily Journal - March 9, 2006
Update posted on Mar 13, 2006 - 7:14PM |
Judge Jonathan Lehan of the Ten Mile Courthouse ruled Thursday there is sufficient evidence to hold over for trial defendant James DeNoyer, who is charged with 36 counts of felony animal cruelty.
Wednesday saw the testimony of veterinarian Paul Michelsen, who was called to the Shoreline Riders Club Dec. 30 by veterinarian Robert Shugart to evaluate the horses seized from DeNoyer's property on Howard Creek Road.
Michelsen described the horses as thin and generally unhealthy. Several of them were suffering from ailments, including rain rot, worms, general malnutrition and lameness. The horses also had foot ailments, including thrush and foot abscesses.
Michelsen said most of the ailments were not life-threatening, and that many of them will heal when horses have an opportunity to get out of the mud and under shelter. Something as simple as a good blanket can be a protection against rain rot, Michelsen said.
He estimated that, on average, the horses seized from DeNoyer weighed between 600 pounds and 800 pounds. The average healthy weight for a quarter horse is 1,000 pounds.
"They were all very thin," Michelsen said, describing the first 22 horses seized from DeNoyer's property on Howard Creek Road. "They were a bedraggled group of horses."
Michelsen said he helps out Animal Control with evaluations once or twice a year, but that he had never seen so many unhealthy horses, and certainly never evaluated so many from the same owner.
"It appeared to me that these horses had been inadequately cared for," Michelsen said.
The horses were evaluated using the Henneke Body Scale, which evaluates the health of a horse based on the flesh and fat on certain parts of the body. A score of four or five is considered healthy. Michelsen rated most of the animals seized from DeNoyer as ones and twos, although one was rated a three. On the scale, a one or two is considered emaciated.
One of the horses seized from the Branscomb Road property was so thin that Michelsen said he rated her a 1/2, a rating that does not appear on the Henneke scale. Michelsen described the horse as having a visible skeleton and said she was barely interested in eating.
"She was the worst of a bad bunch," he said.
In addition, the horse was suffering a disorder called string-halt, which is characterized by a goose-stepping gait. Michelson said it can be genetic but is also caused by injury.
Worms were also a common problem found in the horses seized from DeNoyer's property, and may have contributed to their weight loss. Michelsen said horses usually get worms from eating food that has been contaminated by feces. This often happens because horses pull food out of feeding buckets and drop it on the ground. Michelsen said horse owners often put rubber mats under feeding buckets to prevent this.
Pictures taken of manure from DeNoyer's horses showed many live worms. DeNoyer's attorney, Donald Lipmanson, asked if it were possible that those worms could have been the result of a recent application of a de-worming agent. Michelsen said it was possible, but that it would be unusual to see so many live worms in that case.
Lipmanson asked if it were common for horses to drop weight in winter. Michelsen agreed they do and said that most people increase the amount they feed their horses in the winter to compensate.
Michelsen said a one point drop on the body scale is not uncommon over the course of a winter and, depending on where the horse is on the scale, a one point drop isn't necessarily bad. Dropping from five to four is fine; dropping from three to two is worrisome.
"If it maintains a three, its life is not in danger," Michelsen said.
Lipmanson asked if any blood work had been done on the horses to determine if they had kidney or liver ailments. Michelsen said it is possible for liver problems to cause a drop in a horse's weight, but said he did not do any blood work on these horses.
"Presented with malnourished horses, blood work is something to do further down the road," Michelsen said.
On Thursday, Lipmanson argued that charges related to the horses that scored a two on the Henneke Body Scale should be reduced to misdemeanors and that the charges related to the horse that scored a three should be dropped.
Lehan denied the motion and said he found the evidence overwhelming. Lehan ordered DeNoyer to stand trial for all 36 felony counts. DeNoyer's arraignment is scheduled for 10 a.m. March 29, at the Ukiah courthouse. | Source: Ukiah Daily Journal - March 10, 2006
Update posted on Mar 12, 2006 - 5:29PM |
| A second day of testimony has been tentatively scheduled for March 8 at 10 a.m. at the Ten-Mile courthouse in Fort Bragg. For detailed coverage on the Feb 28 court hearing, visit the Ukiah Daily Journal article. | Source: Ukiah Daily Jounal - March 2, 2006
Update posted on Mar 6, 2006 - 9:28AM |
Denoyer posted bail the same day as he was arrested on animal cruelty charges. He was taken into custody last Thursday following his arraignment on 36 felony counts of animal cruelty, Mendocino County District Attorney Norm Vroman announced. Mendocino County Superior Court Judge Cindee Mayfield set bail at $50,000. Denoyer, 50, posted bail that same day, jail records show.
Vroman's press release explains that bail for a single count of animal cruelty is $15,000. With 36 counts, bail of a half million dollars plus could have been set, the press release states.
"The Mendocino County District Attorney's office requested that the higher bail be set due to the number of horses abused and the severity of the abuse," the press release stated.
Two herds of quarterhorses owned by Denoyer were seized in two separate raids off Branscomb Road, north of Westport. One mare was found dead in the mud at a Denoyer ranch on Howard Creek Road. In total, 35 hungry horses, deemed malnourished by veterinarians, were seized and are being cared for by volunteers. Vroman's office filed charges on Jan. 13.
Denoyer is set for a plea entry hearing on Feb. 14 at 1:30 p.m. in Ten Mile Court.
Each of the 36 counts carries a penalty of a $20,000 fine and up to three years in state prison.
In a separate matter, Denoyer's civil hearing appealing the seizure of the horses and seeking to determine who will pay for their care since the seizure is set for Feb. 16 in Fort Bragg.
John Morley, manager of Animal Care and Control, said the condition of the horses is improving. There are now 22 horses sheltered in Willits and 13 in foster care, being taken care of by individual families in Fort Bragg and elsewhere, Morley said. | Source: The Mendocinno Beacon - Feb 2, 2006
Update posted on Feb 2, 2006 - 9:12AM |
District Attorney Norman Vroman filed charges January 20, 2006 against James DeNoyer, the Westport man whose 35 horses were seized by county officials.
DeNoyer is charged with 36 counts of felony animal abuse, and a warrant has been issued for his arrest. Each count carries a penalty of a $20,000 fine and up to three years imprisonment in state prison. One of the horses, a mare, was found dead at the scene.
Roni McFadden, a leader of the volunteer network that has cared for the horses since their rescue, said she felt the abuse done to the animals justified the felony charges, adding that Paul Michelsen, a veterinarian at the Witt Large Animal Practice in Redwood Valley, described the condition of each horse to the Sheriff's Office. "It will send a message," McFadden said.
A court date has not been set for DeNoyer because he has not yet been arrested. DeNoyer has filed an appeal with the county asking for the return of his horses and to determine if Animal Care and Control staffers acted appropriately when they seized the horses. A hearing on the seizure appeal has been rescheduled for February 16, 2006, because the chief witness, Michelsen, will be out of the country for three weeks. Michelsen is going to the World Equine Conference in Rome, a trip he scheduled six months ago. The delay poses a problem for volunteers, who said they may find it difficult to continue to care for the horses over the long time frame. | Source: The Ukiah Daily Journal - January 21, 2006
Update posted on Jan 21, 2006 - 1:58AM |
A hearing was held January 13, 2006 at 1 p.m. for a Westport man whose 35 quarterhorses were seized in two raids by the county. At the time, many of the horses were reported by veterinarians to be malnourished. James Denoyer requested the hearing from County Animal Care and Control, challenging the seizure and thus seeking return of the animals. Denoyer requested and was granted a postponement from last week. There were reports the hearing might be postponed again.
No criminal charges have been filed in the case, Mendocino County District Attorney Norm Vroman said.
The 35 horses were seized in raids at the end of December 2005 on Howard Creek Road and on Branscomb Road, both north of Westport. Denoyer has not returned a call to the Advocate-News.
John Morley, manager at Animal Care and Control, said one seized horse is in very poor condition but all 35 horses seized are still alive. A 36th horse was found dead in the mud during the raid on Howard Creek Road. Morley said the most ailing horse among the 35 was rated as "less than 1" by a veterinarian. Veterinarians use a rating scale for horse malnutrition that starts with poor as 1, very thin as 2 and ends with moderately fleshy at 6. "That horse is still alive but is in poor condition," Morley said. All 35 horses are being kept and fed in "foster care" by volunteers, most at a ranch in the Willits area. Many of the horses seized on Howard Creek Road had ribs showing and all were clearly famished and gobbled hay offered them. A horse veterinarian at the scene said many of the animals were undersized from chronic malnourishment. At least one horse had a large open, bloody sore on his leg while being loaded into a horse trailer in front of this reporter. Newspaper and county reports state the other batch of horses owned by Denoyer was also initially found to be malnourished.
Four healthy dogs seized on Howard Creek Road have been returned to the girlfriend of Denoyer, Morley said. Morley said the only reason the dogs were taken was that nobody was at the property following the arrest of the caretaker. The caretaker, Robert Murray, 25, was released with no charges filed. The girlfriend returned to the property. She filed the request for a hearing on behalf of Denoyer, contesting the seizure of the horses, Morley said. Denoyer himself, who had been out of town, then requested the extension, Morley said.
Some animal rights groups have been following the case and it has spread quickly across the Internet. The hearing was to determine if the seizure of the horses was justified and who is responsible for the costs incurred for caring and treating the horses, Morley said. The owner may regain custody if it is determined the horses are physically fit or the owner demonstrates to the hearing officer's satisfaction the owner can and will provide the necessary care, he said. | Source: Fort Bragg Advocate - January 12, 2006
Update posted on Jan 20, 2006 - 5:24PM |
A Mendocino County man has been charged with 36 counts of animal cruelty, one count for each of 36 emaciated horses seized from him by animal control officials. "I intend to make sure justice is done," said Mendocino County District Attorney Norm Vroman.
The horses' owner, James DeNoyer of Westport, faces up to three years in state prison and a fine of $20,000 for each count if convicted, he said. A warrant has been issued for DeNoyer's arrest. He has filed for an Animal Care and Control administrative hearing to contest the seizures.
If DeNoyer is convicted, Vroman said he'll ask that a condition of probation be that he cannot own animals. | Source: Press Democrat - January 14, 2006
Update posted on Jan 16, 2006 - 4:28AM |
| DeNoyer's appeal hearing at Animal Control had been set for Wednesday, Jan. 4, 2006, said John D. Rogers, Mendocino County Environmental Health director. Rogers said DeNoyer has requested a postponement of the hearing until next week. | Source: Ft Bragg Advocate - January 5, 2006
Update posted on Jan 5, 2006 - 1:01PM |
Thirty-five bony, starving horses belonging to a Westport man were seized and prosecutors are considering criminal charges. "This is a first for us," Mendocino County Animal Care and Control director John Morley said. He said the department occasionally seizes one or two neglected horses but never has been confronted with so many at once. The herd-sized effort required a posse of more than a dozen people who volunteered their time and equine trailers to round up the horses, which were at two locations in northern Mendocino County.
Morley said the horses belong to James DeNoyer, who owns a ranch in Westport, north of Fort Bragg. The group collected 22 horses from DeNoyer's ranch. Thirteen more were confiscated Thursday from a pasture west of Laytonville. The pasture doesn't belong to DeNoyer but he kept horses there, according to sheriff's deputies who helped round up the animals. One horse was found dead at the Westport ranch and another was believed missing from the Laytonville pasture.
Susan McKinney, a roundup volunteer, described the situation as horrible. "It was unbelievable," she said.
DeNoyer didn't respond to phone messages. He wasn't home when the raid took place, Morley said.
A caretaker at the ranch, Robert Murray, was arrested on suspicion of animal cruelty but released the following day. "We released him pending further investigation," District Attorney Norm Vroman said. He said he's assigned an investigator and an attorney to determine whether to prosecute DeNoyer and Murray for animal cruelty. "I consider this a priority case," Vroman said. "The people of this county do not tolerate cruelty to animals."
Animal control officials have been investigating the case for six months, said Mandi Liberty, an assistant with the animal control agency. She said the agency tried working with DeNoyer to improve conditions for the animals. DeNoyer had been warned the animals could be seized and a notice was left at his Westport home after the horses were confiscated. But he had yet to contact animal control, Morley said.
Once the county decided to seize the animals, Liberty said it took some time to come up with a plan for collecting and boarding them. "We don't have the equipment or the resources," Liberty said.
Volunteers offered transportation, board, feed and care for the horses, she said. Most of the horses were taken to a ranch near Willits. As they arrived, the thin, shaggy animals were checked by a veterinarian, fed alfalfa and given loving care. "You're all right, girl," volunteer Jim Driscoll cooed to a gray mare pacing in her stall. "You're all right." Driscoll, a retired Fort Bragg resident, was appalled by the apparent maltreatment of the horses. "I'm from Nevada," he said. "We generally beat .. . people who treat horses that way." | Source: Press Democrat - December 30, 2005
Update posted on Dec 30, 2005 - 10:51AM |
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