Friday, August 1, 2008 10:53 AM CDT
Judge upholds most of evidence against Rose
Hearing continues today in case of man accused of mistreating horses
By DAVE FOPAY, Staff Writer
dfopay@jg-tc.com
CHARLESTON — A judge Thursday upheld most of the evidence authorities gathered when they first investigated reports of dead and mistreated horses at Ernest C. Rose’s farm last year, but left open the possibility of throwing out what they found later, perhaps because a search warrant was no longer in place.
Circuit Judge Mitchell Shick said he would reconvene today a hearing that began and took most of the day Thursday. Shick said he wanted attorneys to prepare for their cases on whether officers from the Coles County animal shelter and other officials had the right to go Rose’s property more than a month later, when most of Rose’s horses were seized.
With new charges added in the case recently, Rose now faces a total of 76 counts of misdemeanor offenses that accuse him of failing to provide food, water and other care to more than 70 horses at his farm at 1050 W. Coolidge Ave., Charleston.
His trial is presently scheduled to start Monday, but there were indications Thursday that the trial could be postponed, pending Shick’s ruling on motions and because of the recently filed charges. A decision on that should come at today’s hearing, during which the prosecution will also argue that Rose should have to pay for county’s cost of caring for the horses, which are now at foster homes.
Much of Thursday’s hearing addressed defense attorney Michael Tague’s motion asking that a search warrant issued on Aug. 1 of last year be declared illegal and that all evidence found then and after that not be allowed at trial.
Shick said the evidence is clear that animal shelter workers first went onto Rose’s property without a warrant but it was justified because they were responding to a complaint.
“There is no question this was a warrantless entry, but that’s not the end of the story,” Shick said.
He noted that animal shelter officials continued to visit Rose’s property different times up until Sept. 12, when 55 horses were removed. Noting claims that the visits were part of an ongoing investigation, Shick asked, “How far does the law go to allow re-entry?”
Assistant State’s Attorneys Mick McAvoy and Eric Neumann tried to show that the continued visits were to check on whether Rose had made progress toward remedying the situation.
Animal shelter Manager Julie Deters testified that, in addition to wanting to monitor the progress, an employee of Rose’s came to the shelter on Sept. 4 and requested a visit. She said the workers said Rose hadn’t had some horses’ hooves treated and said that would be “a waste of time.”
McAvoy classified the Rose’s worker’s report as a “second complaint” that justified another search of his property. Deters said the conditions at the property by that time had deteriorated, leading her to consult with the state’s attorney’s office about removing the rest of the horses there.
Earlier in the hearing, Richard Owens, who lives adjacent to Rose’s property, said he was at the border of the two properties on July 31 of last year and smelled a strong odor. He said he followed the odor and eventually found several dead horses in various stages of decomposition, and he then notified the animal shelter.
Shelter animal control wardens Ryan Livingston and Jason Wallace then went to the scene, each testified Thursday, and after verifying what Owens saw, notified the shelter. That led to the search warrant served at the farm the following day, when authorities reportedly found starving and mistreated horses and removed some of them.
Shick agreed with Neumann’s argument that the circumstances meant there was sufficient reason for the search warrant to be issued, though Tague contended that authorities should have sought a warrant after Owens’ report.
Also Thursday, Shick barred the prosecution from using at trial any evidence of an investigation into Rose’s alleged mistreatment of horses in 1999, from which no criminal charges resulted. However, if the defense presented something for which the prosecution might use the earlier incident for rebuttal, his ruling could change, he added.
The newest filed charges against Rose include several counts of cruelty to animals, alleging he starved or didn’t properly care for the horses or didn’t address fighting, overcrowding or other conditions. He also faces several counts of violation of owner’s duties and unlawful disposal of dead animals. The charges can result in jail time and fines, and Rose might have to forfeit ownership of the horses if he’s convicted.
Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.
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