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St. Louis Post-Dispatch

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Wednesday, September 10, 2008 10:08 PM CDT
Trial near for man accused of neglecting horses
Judge, attorneys wrestle with defining 'cruelty'

By DAVE FOPAY, Staff Writer
dfopay@jg-tc.com

CHARLESTON — A judge and attorneys worked Tuesday to try to help a jury save time when it comes to their consideration of nearly 200 counts of charges against the man accused of neglecting his horses at a Charleston farm last year.

Every indication at the hearing in the case against Ernest C. Rose was that his trial will begin Monday as scheduled.

Circuit Judge Mitchell Shick termed Tuesday’s court session as Rose’s final pretrial hearing. While Rose was allowed to skip the hearing, Shick and the attorneys began working on the instructions jurors will receive to guide them in deciding if Rose is guilty.

Rose is scheduled for trial on misdemeanor charges of cruelty to animals, violation of owner’s duties and unlawful disposal of dead animals. Coles County authorities discovered 72 horses that allegedly hadn’t been fed or watered or that were suffering from various afflictions at Rose’s farm at 1050 Coolidge Ave. in August of last year.

With many of the charges against Rose being counts of cruelty to animals, much of Tuesday’s hearing went to addressing the problem that there is no legal definition of “cruelty.”

Shick said he thought he would have to acquit Rose of the charges without the case going to the jury unless the prosecution could say specific acts amounted to cruelty. Assistant State’s Attorney Eric Neumann replied by saying what’s cruel is a “factual matter” that the jury has to decide, leading Shick to ultimately ask for more specifics if possible.

“Do your best,” the judge said. “We’re likely entering new territory.”

Other discussion of what the trial is expected to bring included Neumann’s saying the prosecution plans to show that Rose, who lives in the Chicago area, knew about conditions at the farm though he wasn’t there all the time.

Defense attorney Michael Tague said his evidence would include bills for food and water that Rose purchased at the time the horses were reportedly discovered, with both sides indicating that there would also be evidence that employees were at least partly responsible for the conditions at the farm, either with or without Rose’s knowledge or approval.

According to evidence at earlier hearings in the case, county animal control officers went to the farm on Aug. 1 of last year after a neighbor reported smelling an odor and then finding dead horses on the property.

Rose and authorities then agreed on a plan to remedy the situation, but the last of the horses were removed and charges against Rose were filed after a visit to the farm on Sept. 10, 2007, that allegedly led to the discovery of continued poor conditions.

Each of the allegedly neglected horses in the case have at least one charge referring specifically to that horse, which Neumann said on Tuesday was needed for Rose to forfeit a horse listed in a charge of which he’s convicted.

Contact Dave Fopay at dfopay@jg-tc.com or 348-5733.

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idclaire wrote on Sep 10, 2008 6:28 AM:

" Excuse me! But a misdemeanor? That's it? "

Reardon4SA'08 wrote on Sep 10, 2008 6:49 AM:

" Cruelty? Another term for Steve Ferguson would be cruelty to the taxpayers of Coles County, and cruel to our Constitution.

Do your best, the judge said. Were likely entering new territory. "

Harry Potter wrote on Sep 10, 2008 6:50 AM:

" Watch this thread turn into an infomercial for Todd Reardon's election. "

Rotty wrote on Sep 10, 2008 8:25 AM:

" Perhaps the JG-TC could do a more in-depth look on how "cruelty" is defined in the "law books".

It's seems to me that Mr. Rose owns the property, the horses were on his property, some of the horses were in bad condition, & some of the horses were found DEAD.

I don't care if Perfect Paul was the actual daily caretaker of the animals, Mr. Rose, being the owner & head of the whole ordeal, should be the ultimate one answering for this.

The horses were in various stages of neglected health & care, & some were even found deceased.

Law is law, neglect/negligent is neglect/negligent, improper burial is improper burial, & if anyone thinks this is aquitable, something has definitely been fubar'ed.

In my opinion, Mr. Rose, & possibly some of the daily caretakers, should pay a hefty price for what has occurred there. "

hammbone wrote on Sep 10, 2008 8:37 AM:

" Heck a man that nearly gets beat to death cant even get justice, what makes this case any different? This county cares more for dunb animals than it does for human beings "

eugene wrote on Sep 11, 2008 10:02 PM:

" This court case will end up a joke as well. Make us proud Steve !!!! "