Judge orders 40 horses returned to Aurora farm owner

40 horses in cruelty case being returned
By Patrick Lakamp
News Staff Reporter
Updated: July 06, 2010, 10:03 pm
Published: July 06, 2010, 10:05 pm

The SPCA Serving Erie County was ordered Tuesday to return 40 of the 73 Morgan horses that it seized in March from an Aurora horse farm.

State Supreme Court Justice Joseph R. Glownia allowed Beth Lynne Hoskins, the farm owner facing 10 counts of animal cruelty, to select which horses she gets back.

The horses could be returned as soon as this week, said Barry N. Covert, one of her lawyers.

Covert and fellow lawyer George V.C. Muscato had asked Glownia to order the return of all the horses.

"Ms. Hoskins would like to have the remaining 33 horses back at the earliest possible date," Covert said. "We're gratified the court has ordered the return of 40 horses at this time."

The SPCA, however, viewed the court order warily.

"It is with grave concern for the horses that the SPCA is complying with this court order," Larry Robb, president of the SPCA's board of directors, said in a statement. "Our concern is not only for the 40 horses ordered returned, but for any other horses which may have been acquired by Ms. Hoskins since the March rescue and may now be residing on one of her properties."

Glownia ordered Hoskins to hire additional help in caring for the animals and to provide the horses with adequate care, the SPCA said.

Glownia gave the SPCA permission to inspect the horses on Hoskins' Emery Road farm.

All the SPCA has to do is give a half-hour's notice, Covert said. "We'll let them in any time they want," he said. "She is an award-winning Morgan breeder. She has nothing to hide."

The horse barns have been cleaned up since March 30, according to the lawyer. "The barns are in terrific condition," Covert said.

The SPCA has said that it has spent more than $200,000 caring for the horses since March and that it wants Hoskins to pay for their care. "We sought to have the horses returned under SPCA supervision to minimize the costs to the SPCA," the SPCA said. "If they had returned the horses, their expenses would have been zero."

On March 18, SPCA investigators conducted the biggest local roundup of large animals in decades, as they removed 73 horses along with more than 50 cats and dogs from the farm.

Four dogs and two cats in good health were returned to Hoskins after living conditions in her home improved, the SPCA said.

SPCA officials said they will file 114 additional charges against Hoskins later this month.

Originally, 10 charges were filed covering the animals. The 10 misdemeanor counts under the state Agriculture & Markets Law stem from evidence gathered on seven of the horses and three cats.

However, the Erie County District Attorney's Office has notified the SPCA that it would like to move ahead with one animal-cruelty charge for each animal seized from Hoskins' properties, with the exception of the six animals already returned.

No date has been set yet in the criminal proceedings before Aurora Town Justice Douglas W. Marky.

Civil proceedings before Glownia resume Monday.

Among the issues expected to be considered are whether the remaining horses are returned or whether Hoskins will have to secure a bond to cover the SPCA's cost of caring for Hoskins' horses.


http://www.buffalonews.com/2010/07/0...-returned.html

40 horses returned to owner

Updated: Tuesday, 06 Jul 2010, 10:30 PM EDT
Published : Tuesday, 06 Jul 2010, 10:25 PM EDT

* Mylous Hairston
* Posted by: Kellie Mazur

AURORA, N.Y. (WIVB) - The SPCA is returning dozens of horses the agency seized from a town of Aurora farm, because of improper conditions.

Beth Hoskins is getting 40 of her horses back. News 4 spoke with her at her farm late Tuesday afternoon.

Hoskins said, "Not having the animals here, particularly the horses, has been an interruption of my life."

That interruption Hoskins is talking about started on March 18th. That's when the SPCA seized 73 horses along with more than 50 cats and dogs from her 50 acre farm in the Town of Aurora. The SPCA claims the animals were not properly cared for.

Just last week the SPCA released pictures of the horses and conditions it claims were not suitable.

"The horses were in transition. It was springtime. We were right at thaw. There's often extremely unsightly conditions from matted hair that is shedding," stated Hoskins.

Barbara Carr of the SPCA added "I'm concerned about the animals. I'm concerned about her ability to take care of the animals. I understand she's hired three part-time help to take care of 40 horses. It takes us ten people to take care of 40 horses."

Hoskins adds about 1/3 of her 73 horses were 20 years of age or older.

Hoskins said, "Depending on each individual condition. Whether they have all their teeth. They can deteriorate rather rapidly."

Beth Hoskins tells News 4 she's hiring additional help and hopes to have the horses back on her farm Thursday morning.

And she may learn Monday if she will get the rest of the morgan horses back.

Meanwhile, the SPCA plans to file 114 additional animal cruelty charges against Hoskins in the criminal matter.


http://www.wivb.com/dpp/news/local/4...urned-to-owner

Horse owner to be greeted by protestors
SPCA says they have spent $200,000 on horses

Updated: Monday, 12 Jul 2010, 6:53 AM EDT
Published : Monday, 12 Jul 2010, 6:53 AM EDT

* Michele McClintick
* Posted by: Emily Lenihan

AURORA, N.Y. (WIVB) - News 4 first told you about this story back in March, and Beth Hoskins will return to court first thing Monday morning. When she does, she'll be greeted with protesters who want to make sure she doesn't get her horses back

Civil proceedings against Beth Hoskins continue Monday in State Supreme Court.

Last week a judge ordered the SPCA to return 40 of the 73 horses seized from her farm in the Town of Aurora.

The SPCA says it has already spent more than $200,000 caring for the animals.

Monday, we could find out how much Hoskins will have to start paying back.

"I'm concerned about the animals. I'm concerned about her ability to take care of the animals. I understand she's hired three part-time help to take care of 40 horses. It takes us ten people to take care of 40 horses," said SPCA of Erie County Executive Director Barbara Carr.

Hoskins says she's cared for the horses for more than 30 years and the conditions were normal.

Hoskins said, "The horses were in transition. It was springtime. We were right at thaw. There's often extremely unsightly conditions from matted hair that is shedding."


http://www.wivb.com/dpp/news/erie/Ho...-by-protestors

SPCA must have the most incompetant help ever if it takes 10 people to care for 40 horses. I don't trust what any of those places say anymore. Seen too many cases of the authorities seizing animals that are fine, or that are elderly, then they want to charge for all the time they had the animals.

Originally Posted by Wolfy-hound

SPCA must have the most incompetant help ever if it takes 10 people to care for 40 horses. I don't trust what any of those places say anymore. Seen too many cases of the authorities seizing animals that are fine, or that are elderly, then they want to charge for all the time they had the animals.

Yeah, they shouldn't take them if they cannot afford them. I mean really, you take someones personal property, and them charge them to store it.

I know a couple who had 4 horses for years and both worked full time jobs. They had no problems keeping up with them. A horse doesn't take 2 hours of work a day.

SPCA says conditions are worse at horse farm
Owner of stable seeks end to inspections


SPCA inspectors at Beth Hoskins’ Aurora horse farm say conditions have worsened over the last few months for her 40 horses, as the relationship between the agency and Hoskins grows more hostile.

The situation came to light Tuesday during a hearing on Hoskins’ request in a civil case to have a judge end the court-ordered inspections at her farm, which have been ongoing since he ordered the return of 40 of her 73 horses last July.

Hoskins is charged with 125 counts of animal cruelty connected to care of horses and cats. Fifty-one of the counts tied to the cats were dismissed last week by the Aurora town judge handling the separate criminal case.

The SPCA insisted the inspections must continue, saying the horses’ care would otherwise “deteriorate further.” The agency also suggested to State Supreme Court Justice Joseph R. Glownia that Hoskins must cooperate with inspections and stop harassing the agency’s inspectors.

“They’re not taken care of in an exemplary manner,” said SPCA attorney Ralph Lorigo. “You need to allow an inspector on the property. How else do we do the inspections? You can’t touch the horses. You can’t get near them. These have been the conflicts.”

Hoskins, through her attorney, said the horses have been adequately cared for and the SPCA has not filed any sustainable charges during all of the inspections. This, said her attorney, Thomas J. Eoannou, is a case of blatant harassment that must stop. He said Hoskins denies

any wrongdoing and suggested the inspections have been used to build evidence against her, rather than ensure the health, welfare and safety of the horses.

However, in a sworn affidavit, Alex Cooke, the SPCA’s horse barn manager who has been the primary investigator at Hoskins’ farm, said conditions are far from ideal.

Cooke highlighted alleged deficiencies and described how the SPCA is treated by Hoskins during its inspections. The SPCA videotapes conditions and animals at the farm, while Hoskins also videotapes the inspectors. Hoskins also has contacted East Aurora police to have the SPCA vehicles towed from her property. On one occasion, she called the police to complain about a police vehicle at her farm that had escorted the SPCA.

According to Cooke’s affidavit:

• On at least 25 occasions since Nov. 1, unsanitary conditions were noted, with a majority of horse stalls not having been cleaned within three to seven days. A March 1 inspection found that most horse stalls had not been cleaned “in over a week” and that approximately three feet of fecal pack had accumulated.

• On at least 27 occasions, horses were considered not properly groomed, with several horses not provided adequate food on seven instances and others with no water in 14 instances. Most water buckets were empty, some were filthy, and one bucket contained fecal matter.

• Horses have not been in their pastures getting exercise regularly, and on 19 occasions their legs were swollen or “stocked up,” caused by standing in stalls without getting taken out for exercise.

• A general lack of veterinary care and absence of farrier care also were noted. On Feb. 17, the SPCA issued three notices to Hoskins to have at least three of her horses examined and treated by a vet or farrier. As of March 22, the SPCA said it had not been given any proof the treatments had occurred.

Glownia reserved decision on the inspection issue. The SPCA inspections will continue for now. Glownia asked both sides to suggest ideas to him for a potential independent inspector, which Eoannou said Hoskins would pay for. The next court hearing is April 28.

“I want to further think about this,” Glownia said. “It is clear there is a source of antagonism by both sides.”


http://www.buffalonews.com/city/comm...icle379978.ece


This judge needs to get an independent inspector in there NOW.

It's obvious that he has no experience with horses in particular, and evidently, no great love for animals in general.

To return animals to their abuser is the same as sending a child back to a pedophile who molests them.

Three feet of manure built up in a week? Maybe three inches. Someone is pushing the truth. The spca is "nonprofit" if they want to confiscate sick horses how can they sue to get the care back? Isn't that what they donations are for, care of animals?

"“They’re not taken care of in an exemplary manner,” said SPCA attorney Ralph Lorigo."

I have a problem with this. Very subjective.

I also have a problem with this.

EAST AURORA NEWS (7/12/2010 12:40:00 PM)

73 horses and 53 cats and 4 dogs were taken from an East Aurora farm back in March when the SPCA received a tip that the living conditions at Beth Hoskins horse farm were poor. Since that time Hoskins has been persuing to get her horses back through legal challenges.

Just last week State Supreme Court Justice Joseph R. Glownia ruled that 40 of Hoskins' horses should be returned. The process started Thursday and Hoskins is said to be "euphoric".

Ever since the saga began Hoskins and the SPCA have been in a war of words with the SPCA claiming that the horses were living in horrible conditions. They alleged that the horse stalls were filled with manure and urine and the horses were rarely, if ever, let outdoors. It's not clear how the SPCA would know that unless they had been monitoring them 24/7.

Since the judges ruling the District Attorney's office is upping the charges from 10 to as many as 120 to represent each animal instead of each victim. Hoskins has countered by saying she is being unfairly targetted by the SPCA and that spring is probably the worst time as far as the appearance of the horses and the farm because the horses are just starting to shed their winter coats and that is exactly when the raid took place.

They changed the charges from the actual ten victims they claimed to have found to the actual number of animals confiscated because they didn't like the judge's ruling.

In another article I read a official from SPCA stated they did it because she is fighting the charges. She being difficult and not working with us.

What the heck, because she didn't agree to the charges leveled against her and is fighting them so your going to change the way you charged her and add counts for that sole reason?

That's a bad precedent regardless if the SPCA is correct in this case. Shut up and take it or will make it worse.

Originally Posted by Iloverhacs

Three feet of manure built up in a week? Maybe three inches. Someone is pushing the truth. The spca is "nonprofit" if they want to confiscate sick horses how can they sue to get the care back? Isn't that what they donations are for, care of animals?

Well, I'm no expert and while I know a horse produces a lot manure, most of it is urine. Most of it is wet. Three feet deep has to be a stretch if we are talking about the whole floor of a stall.

Also, I think it is common sense that you to have something going into the horse for it to come out. So when they state they aren't being feed much and have no water I find it harder to believe that both charges are completely accurate.