ARTICLES and NEWS - Wheelon Case Continues; PSHA vs. Everyone Else; Black Week Updates; McConnell Case Horses; And More

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Hey folks.  Sorry for the long absence.  I had to have surgery but am doing fine now and am back to work.

A LOT has happened since the last time I posted, so I'm going to kind of do some quick blurbs of what's going on, nothing too detailed.  I also recommend visiting Billy Go Boy's website and Facebook page to learn more.  "BGB" is an industry insider who has been reporting about the abuse and what goes on in the TWH industry since 1996.  Mostly he was posting on the Walking Horse Chat, but due to being kicked off several times (some people can't handle the truth), he started a website and Facebook page in the past couple of months to continue to get the word out.  So be sure to visit to learn more!

Wheelon Case

So we've been on pins and needles lately worrying about the Wheelon Case.  Wheelon's attorney Rob White tried to get the entire case dismissed stating that the search warrant was invalid due to "woefully lacking" specific details.  More information here.  Today in court, White also argued that the search warrant did not state that Wheelon was running a business.

However, smarter heads prevailed, and the judge dismissed the motion to suppress (click here to read it) and the preliminary hearing is underway, with the indictment being decided tomorrow.

In the meantime, Jack G. Heffington, a lawyer and industry supporter, has released a motion for return of the horses seized from Wheelon's place to their owners.  The motion states the horses were "illegally seized and held amends this motion and would show as basis for the return of the horses to the owners."  Whatever that means, since clearly Heffington can't write.  Click here for the entire motion as posted on the Walking Horse Chat.

How do we know he's an industry supporter?  From the Walking Horse Foundation website:

Jack Heffington was born into the industry. His father and grandfather owned world champion quality horses as early as the 1930s and Jack’s love for the breed began when he was a young child. Jack graduated from the University of Memphis and the University of Arkansas School of Law. He has been a practicing attorney since 1971. Jack owns The Scoop Walking Horse Publication and Tan Oak Farms, a well-known breeding operation. He is a member of TWHBEA, Charter Member of WHOA, and owns and shows many Tennessee Walking Horses including the current World Grand Champion Weanling, Bambini. Jack would like the Foundation to serve as a perpetual institution to promote and support the Tennessee Walking Horse.

And his current violations, including one- and two-year suspensions.  Conflict of Interest much?

P Jack Heffington, Trainer, Shelbyville TN, The Ritz Blitz, Not Specified, tckt 28871, 7-17-10, 10/05/2010 10/04/2011, SHOW
P Jack Heffington, Trainer, Shelbyville TN, The Ritz Blitz, Other, Define In Next Field, ticket 28871, 7/17/10, 10/05/2010-02/01/2012, SHOW
P Jack Heffington, Shelbyville TN, Bilateral Sore, 10/05/2010-10/04/2011, 1000, SHOW
P Jack Heffington, Shelbyville TN, 37160, Illegal Chains, 06/25/2009-07/08/2009, SHOW
Jack Heffington, Shelbyville TN 37160, Scar Rule, 10/27/2007-11/09/2007, KWHA
Jack Heffington, Murfreesboro TN, Bilateral Sore, 10/03/2002-06/03/2003, SSHBEA
Jack Heffington, Christiana TN 37037, Unilateral Sore, 10/04/2004-10/17/2004, NHSC
Jack Heffington, Shelbyville TN, Equipment Violation, 08/06/2003-08/19/2003, KWHA
Jack Heffington, Christiana TN 37037, Unilateral Sore, 05/06/2002-05/19/2002, NHSC


PSHA vs. Everyone Else

The PSHA has continued to show their true colors.  Now that the judge ruled in favor of the USDA concerning the SHOW/USDA lawsuit, SHOW is facing decertification before Black Week, which starts next week on August 21.

To get back at TWHBEA, PSHA is now telling them that they won't give them the show results to include in the iPEDS database.  This literally made me laugh out loud, and I'm not kidding.  Seriously, do they really think that people aren't going to find out who the winners are?  Are they just going to keep it a cute little secret and not announce in the Voice or other publications who won?  It's like a bunch of children on a playground with these guys.  PSHA's attacks are getting weaker and weaker.

Many sound horse advocates have countered with a petition: TWHBEA (Tennessee Walking Horse Breeders and Exhibitors Association): Erase all references to Celebration awards on their registration and Ipeds.  I signed this because I believe the general public no longer wants a WGC that was on stacks and chains. Anyone who spends any time studying TWHs will discover that most WGCs are one-trick ponies that can't even gait correctly without being stacked and sored.  The true, natural, four-beat gait is being bred out of the TWH because of the current "need" for a crippled spider in the show ring, and TWHBEA could help by no longer recognizing it.

PSHA has also hired Purple Strategies yet again (how the heck do they even have any money left?) who expressed their opposition to S 1406 by publicly saying this.  My thoughts are in green text.

Performance Show Horse Association Announces Opposition to PAST Act
Monday, August 05, 2013

Today, the Performance Show Horse Association (PSHA) shared its opposition to the Prevent All Soring Tactics (PAST) Act, being offered by U.S. Senators Kelly Ayotte (R-NH) and Mark Warner (D-VA). The House version – in amendment form – was introduced earlier this year by Congressman Ed Whitfield (R-KY).

“PSHA strongly opposes the PAST Act because it would destroy an entire equine division, costs tens of thousands of jobs, eliminate hundreds of millions of dollars in economic activity and millions in charitable giving, devastating communities and people’s lives throughout the country,” said Terry Dotson, PSHA Chair.

The PAST Act would:

• Eliminate a total division of the equine breed, impacting more than 10,000 horses that would be deemed no longer fit for their intended purpose;  As far as I understand, there aren't even 10,000 living TWHs that are registered.  From what the Industry itself has said, only 10% of all registered TWHs are stacked horses.  As far as I understand, 10% of 10,000 is not 10,000.

• Take from hard-working taxpayers hundreds of millions of dollars of investments and income without cause or any scientific evidence; Where are these numbers coming from?  What's their basis for this assumption?  I want to see their evidence of this.

• Eliminate the Horse Protection Act’s self-regulation, which is far superior to that of the federal government and which does not need the hundreds of new federal employees required by Whitfield’s amendment;  I seriously laugh every single time I read this.  The OIG reported in September 2010 that the HIOs are not doing an adequate job and need to be eliminated.  It is proven time and time again that more horses are found sore when the USDA is there than when they're not.  And what happened to that public swabbing initiative that TWHSO (who has disappeared, by the way) was doing for the Celebration last year?  The USDA found lots of foreign substances on a lot of horses' legs, but the TWHSO swab results are nowhere in sight.  Where's that transparency now?

• Create a new federal bureaucracy that will result in a cost of tens of millions of dollars for taxpayers.  No, it won't.  VMOs are already on staff at USDA. All they have to do is train them to inspect horses.  Not that hard to do.  And again, where is this "millions of dollars" amount coming from?

Quite frankly, I thought the Horse Protection Act was just that: the HORSE PROTECTION Act.  Not the TWH SORE HORSE INDUSTRY PROTECTION Act.  I'm pretty sure I'm correct on that.

Black Week

Black Week, aka the National Celebration, begins soon, and the entries are down again. From the Walking Horse Report.

 The entry deadline for the 75th Anniversary Celebration closed on August 6, 2013. Preliminary class entries were down 22% from 2,671 entries in 2012 to 2,081 this year. The total number of entries will grow with the championship entries on the last weekend. Preliminary classes begin August 21st and continue through August 28th.

The total number of horses that make up those entries also declined. In 2012 there were 1,469 horses while this year that number slipped to 1,112 horses, a decline of 24%. Continued economic pressure along with industry turmoil and unrest have resulted in a decline of 1,336 preliminary entries since 2009, a decline of 39%.

We also have to remember that just because there are this many entries, sometimes horses don't show for various reasons.  People can scratch classes for whatever reason (horse is tired, injured, etc.), not necessarily because their horse is sored.

It has also been confirmed that 11 classes will be split.  A split class is usually done so because of a large number of entries.  But after finding this information on the Walking Horse Chat regarding the Aged Stallion class split, seems like the classes weren't that big...  Just another way for PSHA/SHOW/TWHNC to get more money, I guess.

Aged Stallion: 
A Division:
Moody Star - Bobby Hugh [HPA violator]
He's Vida Blue- Chad Wiliams [HPA violator]
Seige - Scott Beaty [HPA violator]
Lucky Grand Slam - Charlie Witherspoon [HPA violator]
He's Slim Shady - Jimmy McConnell [HPA violator and brother to Jackie McConnell]
Swing Batter Batter Swing- Danny Hughes [HPA violator]
I'm Deuce - Casey Wright [HPA violator]

B Division:
Lampshade - Bill Cantrell [HPA violator]
The Metalist - Herbert Derickson
The Golden Sovergin - Chad Williams [HPA violator]
The Thug - Dick Peebles [HPA violator]
A Bruce Pearl - Jimmy McConnell [HPA violator]
Putting Cash on the Line - Jimmy McConnell [HPA violator]
Honors - Larry Edwards [HPA violator]
Jose's Crystal Lite - Charlie Green

In a twist of good news, two of the largest TWH shows before the Celebration, Belfast and Wartrace, were extremely disappointing.  Belfast was completely canceled, and Wartrace had minimal exhibitors and small turnout in the stands.  There used to be five or six people deep around the arena to watch, and the stands were full.  Now take a look:

From Walking Horse Report Facebook page

Next, four billboards have gone up in Shelbyville to counter Black Week.

Three belong to the HSUS, as pictured below.

This one has been posted anonymously by what I've gathered are basically concerned citizens who are worried about the horse.  No other information has been found.

These billboards are hard to ignore and clear reminders to the City of Shelbyville and those who continue to support this nonsense of why the Celebration needs to end.

There is a rumor going about that SHOW was going to add the mandatory penalties into their rulebook on August 7, 2013, which is after the August 6, 2013 deadline to turn in entries.  So far I haven't gotten confirmation of this.

Finally, so far the USDA has not moved on decertifying SHOW before the Celebration, so we ask that you send in your emails and call them to ask them to do so.  Look up Dr. Chester Gipson, Dr. Rachel Cezar, APHIS Administrator Kevin Shea, and USDA Secretary Tom Vilsack for contact information.

In the meantime, the USDA has announced they will be pulling shoes at the Celebration, which is a massive change and would expose more and more of these monsters.

Information from Billy Go Boy's page tells us this, which is also good news:

According to high level USDA sources, THERE IS PRESENTLY NO 30 DAY GRACE PERIOD BEING AFFORDED TO SHOW HIO REGARDING ENFORCEMENT OF THE MANDATORY PENALTIES. SHOW HIO DECERTIFICATION WAS IN PROCESS BEFORE JUDGE MEANS RULING. More updates as there are developments.

I'll keep you posted as I learn more.

State of Tennessee Moves to Protect Horses in McConnell Case

From The Commercial Appeal:  "State prosecutors are asking that four Tennessee Walking Horses identified as abused in the criminal case against horse trainer Jackie McConnell be taken from their owners."

I can't tell it any better than the article itself.  Below is copied and pasted from The Commercial Appeal's article written by Lela Garlington and posted August 13, 2013.  Click here for more information from The Republic in Indiana.

Tennessee wants abused Tennessee Walking Horses taken from owners
State seeks abused horses in forfeiture case

State prosecutors are asking that four Tennessee Walking Horses identified as abused in the criminal case against horse trainer Jackie McConnell be taken from their owners.

Similar to a Witness Protection Program, the horses are at an undisclosed location in Tennessee but outside of Fayette County. Since the horses were seized in March 2012, the Humane Society of the United States has paid for the cost of security, boarding, treatment and care.

The state in the lawsuit filed in Somerville claims the owners either knew or should have known that McConnell, who lives in Collierville, was barred by the USDA from training or exhibiting horses for shows. The suit said McConnell was widely known in the Tennessee walking horse exhibition community and was inducted into the Tennessee walking horse Hall of Fame before his name was later stricken because of horse soring.

“The criminal state statue specifically allows for the forfeiture of abused animals,” said Atty. General Mike Dunavant, who filed the lawsuit Friday in Fayette County Circuit Court. “The issue now is they knew or should have known. That’s the heart of the matter.”

McConnell and two others pleaded guilty in state and federal courts on charges they beat a horse with a wooden club, used an electric cattle prod on the nose and hindquarters, and painted chemical compounds on the horses legs solely for training them to compete in horse shows. The horses were under his care at Whittler Stables in Fayette County.

The Humane Society secretly shot video of the abuse.

Last month, McConnell was placed under house arrest and fined $25,000 after pleading guilty to 12 misdemeanor counts of animal cruelty. In September, McConnell received three years probation and $75,000 fine after pleading guilty to felony charges of violating the Horse Protection Act in Chattanooga.

The owners were not charged with abusing the horses either in state or federal court.

When reached at her and her husband’s White Oak Farm in Atoka, horse owner Lisa Marbry said she couldn’t comment about the forfeiture proceedings regarding her horse, “I’m Nancy Lopez.”

“My attorney has instructed me not to talk about this,” she said. Her attorney, Steve Farese, was in trial and could not be reached for comment.

The other horse owners are Joe Privett of Gates, Tenn., who owns “Taj Mahal,” and Beverly Sherman of Dallas and her daughter, Kelly, of Boulder, Colo., who own “Paroled in the Night” and “Mucho Bueno.”

Beverly Sherman’s husband is Floyd Sherman, who is the CEO of Builders FirstSource and have been profiled in both Forbes and Business Week. Their attorney, J. Houston Gordon of Covington, said his clients just received the complaint.

“We don’t think the state has complied with the forfeiture proceedings,” he said. “We also do not think that Humane Society of the United State has any standing to hold these horses. They and the state have essentially taken these horses unconstitutionally.”

As long as the federal and state criminal charges were pending, Gordon said his clients “had no problem using the horses as evidence.” But now that McConnell has pleaded guilty and the horses are no longer needed as evidence, Gordon added, “Neither the state nor anyone acting with or on behalf of the state has the right to take anybody’s property without due process.”

Regarding the lawsuit’s contention that the horse owner knew or should have know, Gordon said, “Obviously people wouldn’t have allowed their horses to be abused if they knew it. My clients and I don’t approve of any animal abuse period.”

Beverly and Kelly Sherman sued the state and the Humane Society in May, 2012 demanding that their horses be returned. The case has not been heard and likely will be combined with the latest lawsuit.

Circuit Judge Weber McCraw will oversee the forfeiture proceedings. No hearing date has been set for the matter.

While there were other abused horses that were named in the state animal cruelty indictment, Dunavant said not all of the horse owners are disputing the forfeiture. McConnell also forfeited ownership of his horse named in the indictment.

“All of these owners have had the opportunity to relinquish these horses and give them a chance of a life free of cruelty,” said Keith Dane, equine protection director of the Washington-based Humane Society. “They have all suffered abuse.”

If the judge rules in favor of the state, the suit asked that ownership be turned over to the Humane Society and any cost associated with the care and upkeep be charged to the former horse owners during the time of their seizure.

© 2013 Memphis Commercial Appeal. All rights reserved.

And More News...

AVMA-AAEP Soring Discussion Draws Overflowing Crowd on Capitol Hill  Seems that soring is getting more and more popular.  Looks like a bigger crowd than the audience at the Wartrace show!

L&H Distributing From Tullahoma, Tennessee Will Be Serving Beer At the Celebration.  Click here for article from Walking Horse Report.  Seems that the Coke distributor from Tullahoma that sponsored last year isn't going to be back this year...hmm, I wonder why?

Roy Exum: Budweiser is Not a Sponsor  It's important to note that Anheiser-Busch and Budweiser are not the new sponsors of the Celebration, and that they were shocked to learn that L&H Distributing was sponsoring.  Be sure to read this article completely to learn more.

That's about it for now...Stay tuned to FTTWH and Billy Go Boy for more information!

DON'T FORGET TO CONTACT YOUR SENATORS TODAY!

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BREAKING NEWS - JACKIE MCCONNELL SENTENCING RESULTS

Mr. McConnell pled guilty to 12 of the 22 misdemeanor counts of animal cruelty against him, involving the soring abuse of multiple walking horses being trained at his barn in Fayette County. 5 of those counts were run consecutively to each other, for a total effective sentence of 5 years, all of which was suspended and run concurrently to his federal felony sentence and probation, conditioned upon the following:

1 year house arrest supervision by CMC, and upon successful completion of the same, the remaining 4 years supervised release on state probation; payment of a total fine of $25,000.00 plus court costs; relinquish and forfeit any claim of title, ownership, or possession of and to the horses that were seized from his barn and which were the subjects of the abuse and cruelty; he must sell and completely divest himself of any title, ownership, or possession of any remaining horses within 120 days from today; he is prohibited and banned from owning, possessing, training, or housing any horses for a period of 20 years. Mr. McConnell was denied any form of judicial diversion relief to which he may have been entitled.

Codefendant Mays pled guilty to 4 counts of animal cruelty, and received consecutive sentences totaling 4 years, all suspended, upon supervised state probation, concurrent with his federal sentence and probation.

Codefendant Dockery pled guilty to 3 counts of animal cruelty, and received consecutive sentences totaling 3 years, all suspended, upon supervised state probation, concurrent with his federal sentence and probation.

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Honestly, this is good news, especially since animal abuse was not considered a felony at the time he was arrested.  I imagine they're going to keep a close eye on him at this point.  Now let's see the same kind of justice on Wheelon, especially since now it IS a felony.

Thanks to Cindy M. for the update!

NEWS and ARTICLES - Jackie McConnell Will Enter Guilty Plea; Articles from Shelbyville Times-Gazette

FINALLY.  Jackie McConnell was in court on Friday.  The results are that he will enter a guilty plea on June 18, as will Jeff Dockery and John K. Mays.

Remember: McConnell was arrested before the new TN animal cruelty law that states that animal cruelty is now a felony in TN.  So these will be considered misdemeanors.  However, he faces just less than one year of jail for each cruelty charge.  Unfortunately, he will most likely be available for probation, but at least he will most likely spend time behind bars.  He deserves it.

Here's the link to the article.  You may have to be a subscriber to read the article, so I copied and pasted the text below.

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Collierville area horse trainer, two others to plead guilty on cruelty charges
Humane Society videotaped soring, other abuse inside stables
By Lela Garlington
Posted June 7, 2013 at 6:42 p.m., updated June 8, 2013 at 3:08 a.m.

Collierville area horse trainer Jackie McConnell and two co-defendants told a judge through their attorneys Friday that they were ready to enter guilty pleas in the animal cruelty charges they are facing involving more than a half-dozen Tennessee Walking horses.

Circuit Judge Webber McGraw set a June 18 plea date for the three men to return to court at the Bill G. Kelley Criminal Justice Complex in Somerville.

As McConnell, 61, left the courtroom with his wife and several others he told a reporter, “I don’t have any comments.” Afterward, his Somerville attorney David L. Douglas said his client is ready to put this behind him.

McConnell is charged with 22 misdemeanor counts of animal cruelty.

His co-defendants, Jeff Dockery, 56, of Collierville, is facing three counts of animal cruelty and John K. Mays, 48, of Holly Springs, Miss., has 14 counts of animal cruelty. Both Dockery and Mays worked for McConnell at Whitter Stables in Fayette County, just over the Shelby County line near Collierville. Each count of animal cruelty carries just less than a year in jail.

In 2011, the Humane Society of the United States secretly shot video inside a training stable owned by McConnell showing caustic substances being applied to Tennessee walking horses’ legs and hooves and the animals being beaten to make them stand. The soring is meant to create a longer exaggerated stride and gait which is a more extreme version of what the horses do naturally.

Dane said McConnell has been disqualified by the U.S. Department of Agriculture numerous times for violating the Horse Protection Act. “This was the first time there was enough evidence to prosecute him criminally. Justice should be service. Violators should suffer consequences.”

“We anticipate probation,” Douglas said. “The federal prosecutors didn’t ask for jail time because of his age and lack of criminal history.”

In September 2012, McConnell pleaded guilty to felony charges of violating the Horse Protection Act. He received three years probation and a $75,000 fine.

“I think his barn is for sale. He essentially is shutting his barn practice down,” Douglas added. “I think the conditions of any plea will be that he no longer be involved in any horse training or ownership.”

Other horses, including Mucho Bueno, Taj Mahal, Master Streaker, Paroled In The Night and Cash Sweep had chemical compounds painted on their legs to make the horse “sore” solely for training the horses to compete in horse shows.

The allegations of animal cruelty occurred on various days in April 2011. Dist. Atty. Gen. Mike Dunavant said one possible condition for probation is that McConnell will be prevented from owning animals in the future.

Regarding the horses that were tortured, Dunavant said, “They were seized when the warrant was executed. They are now in the custody with the Humane Society of the United States.”

Both Douglas and Dunavant said McConnell only owned one of the horses. The rest are owned by private individuals.

Dane said the disposition of the horses has not been determined: “We would like to see them relinquished to us or to someone else.”

© 2013 Memphis Commercial Appeal. All rights reserved.

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Jason Reynolds of the Shelbyville Times-Gazette has been writing articles concerning the TWH.  Unfortunately, it's just SSDD.  Here are the links to the articles--I won't post them here.

Perception vs. reality as Tennessee Walking Horse industry faces adversity

Equipment at heart of controversy

Most noteworthy is this quote by Mickey McCormick:  "I love these animals," McCormick said. "My kid shows. I'm not going to abuse one of these animals to make him do something he can't."

Yet McCormick has eight violations, according to the HPA database.  The most recent was in 2012.  I sincerely don't know how he ISN'T abusing horses.

I think Jason needs to do some more research rather than just rely on the same lies the industry continues to tell.  His articles are pretty one-sided.  He has not facts to back up the information, such as Inman's claim that attendance at shows are going up--just going on what people are saying.  (It's pretty obvious that attendance has gone down when you look at the videos and photographs and see empty seats and only a few horses per class.)  However, at least the majority of the public is realizing that these men are continuing to just make excuses for their need to profit from the sored horse.

NEWS, ARTICLES and HOW YOU CAN HELP - Who to Write for the Ag-Gag Bill; McConnell's Indictment Available Online

First, I know I've talked about the Ag-Gag bill before and why it's so important that we stop it in its tracks.  Thanks to Robin P. from our Facebook group, we have some folks everyone can contact.

The bill has passed the agricultural committee and is currently being reviewed by the Tennessee Senate Judiciary Committee.  They decide according to how it effects the current laws.  If we get these folks to stop it, then the House can't vote on it unless it's reintroduced to the agricultural committee.  So these are the emails we need to send our letters to:

Sen. Mike Bell:  sen.mike.bell@capitol.tn.gov
Sen. Stacey Campfield:  sen.stacey.campfield@capitol.tn.gov
Sen. Lowe Finney:  sen.lowe.finney@capitol.tn.gov
Sen. Ophelia For:  sen.ophelia.for@capitol.tn.gov
Sen Todd Gardenhire:   sen.todd.gardenhire@capitol.tn.gov

Let them know that passing this law criminalizes and punishes veterinarians, the media, animal welfare advocates, and the general public, who can unwittingly takes pictures at horse shows for personal purposes.

Let them also know that the law violates the Tennessee Reports Shield Law, as follows.  (Click here for more information.)  Overall, this law protects the guilty and puts the general public at risk for disease that can  correlate with abused food animals.

SHIELD LAW
T.C.A. § 24-1-208
24-1-208. Persons gathering information for publication or broadcast - Disclosure.— (a) A person engaged in gathering information for publication or broadcast connected with or employed by the news media or press, or who is independently engaged in gathering information for publication or broadcast, shall not be required by a court, a grand jury, the general assembly, or any administrative body, to disclose before the general assembly or any Tennessee court, grand jury, agency, department, or commission any information or the source of any information procured for publication or broadcast.
(b) Subsection (a) shall not apply with respect to the source of any allegedly defamatory information in any case where the defendant in a civil action for defamation asserts a defense based on the source of such information.
(c)(1) Any person seeking information or the source thereof protected under this section may apply for an order divesting such protection. Such application shall be made to the judge of the court having jurisdiction over the hearing, action or other proceeding in which the information sought is pending.
(2) The application shall be granted only if the court after hearing the parties determines that the person seeking the information has shown by clear and convincing evidence that: 
(A) There is probable cause to believe that the person from whom the information is sought has information which is clearly relevant to a specific probable violation of law; 
(B) The person has demonstrated that the information sought cannot reasonably be obtained by alternative means; and 
(C) The person has demonstrated a compelling and overriding public interest of the people of the state of Tennessee in the information. 
(3(A) Any order of the trial court may be appealed to the court of appeals in the same manner as other civil cases. The court of appeals shall make an independent determination of the applicability of the standards in this subsection to the facts in the record and shall not accord a presumption of correctness to the trial court’s findings.
(B) The execution of or any proceeding to enforce a judgment divesting the protection of this section shall be stayed pending appeal upon the timely filing of a notice of appeal in accordance with Rule 3 of the Tennessee Rules of Appellate Procedure, and the appeal shall be expedited upon the docket of the court of appeals upon the application of either party.
(C) Any order of the court of appeals may be appealed to the supreme court of Tennessee as provided by law. [Acts 1973, ch. 27, §§ 1-3; T.C.A, § 24-113 - 24-115; Acts 1988, ch. 803, §§ 1, 2.]


Next, here's the excellent article by the Chattanoogan about McConnell's case.  Feel free to use a link to this case in your emails to the Senators listed above--this is proof of why the Ag-Gag bill needs to die.  The Chattanoogan's article is posted below - click here for the article.

Here's the link to the indictment.  You can read the 22 counts, which I've also posted on this blog before.  WARNING: the description of what was done to these horses can be disturbing.  And note also that the two of the owners of the horses were right there, watching this the whole time.

I don't think I can thank the HSUS enough for seizing the eight horses that were abused and for continuing to care for them.  I wish there were some way to bring charges against the owners of those horses...perhaps that's something we'll learn more about in the future.  For now, I'm glad those horses are safe.

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Tennessee Grand Jury Indicts Former Tennessee Walking Horse Trainer Jackie McConnell
Monday, April 01, 2013

A Fayette County, Tn., Grand Jury has indicted horse trainer Jackie McConnell and two co-defendants on 38 counts of animal cruelty for illegally soring and torturing horses.

The indictments followed a Humane Society of the United States undercover investigation in 2011.

McConnell was indicted on 22 counts of animal cruelty in Fayette County, for charges stemming from alleged soring of Tennessee Walking Horses.

McConnell is already serving three years of probation and has been fined $75,000 for his federal felony conviction in Chattanooga.


“We commend District Attorney General Mike Dunavant and Assistant District Attorney General Mark Davidson for filing criminal charges against McConnell and his co-defendants —the first case of its kind in Tennessee,” Keith Dane, director of equine protection for The HSUS. “Unfortunately, the owners who placed their horses in McConnell’s training stables have not expressed the slightest regret or remorse for the torture these animals endured, and still need to be held accountable.”

McConnell’s co-defendants in the federal case, John Mays and Jeff Dockery were also indicted. Mays was charged with 13-counts and Dockery with three-counts. Both men pleaded guilty to lesser charges in Federal Court for their role in the conspiracy to violate the Horse Protection Act.

Since 2011, the HSUS has assisted the U.S. Attorney’s Office for the Eastern District of Tennessee, the U.S. Department of Agriculture’s Office of the Inspector General, and the Tennessee 25th Judicial District Attorney General’s Office in prosecuting the offenders and assisting in the rescue of horses from McConnell’s training operation.

 In March 2012, eight horses were seized from McConnell’s stable following the execution of a search and seizure warrant. At the state’s request, the HSUS has been providing the horses with intensive rehabilitative care for the past year and will continue to do so.

NEWS and ARTICLES - Jackie McConnell: Today's Court Results

GOOD NEWS for the Walking Horse!  Jackie McConnell may actually see jail time!  On March 28th, McConnell was arraigned in court concerning 22 counts of animal abuse the Fayetteville County House Grand Jury returned a true bill on Monday, March 25.

(For those who don't know, a true bill means "the written decision of a Grand Jury that it has heard sufficient evidence from the prosecution to believe that an accused person probably committed a crime and should be indicted. Thus, the indictment is sent to the court."  An arraignment is a formal reading of the charges and when a plea can be made.  It is also when all other business is taken care of, like future dates to appear in court.)

What's most wonderful about this is that the hard work of the HSUS has paid off.  Per Roy Exum's piece from today:


Federal prosecutors in Chattanooga are keen on better legislation – now proposed in Washington – and have said they will actively pursue horse abuse as horse-show season begins. “When you deal with murder, rape, strong-armed robbery, conspiracy and everything else we see, it is hard to admit horse abuse is pretty far down on the priority list,” said one assistant DA.

“But we are also well aware the public outcry against horse abuse is raging after the Jackie McConnell tape was shown on ABC News ‘Nightline’ and we haven’t had a case of any kind that caused such outrage. We will actively monitor and pursue and viable lead we can find.”

As long a we keep exposing soring, as long as we keep the pressure on the industry, we will continue to get closer and closer to an end to this atrocity.

Click here for Roy's full piece, copied and pasted below.

(And don't forget to thank Roy for his amazing work and congratulate him on his Genesis Award win!)

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Roy Exum: Jackie McConnell Back In Court
Thursday, March 28, 2013 - by Roy Exum

Jackie McConnell, the most notorious abuser of Tennessee Walking Horses that the world has ever known, will be arraigned on 22 counts of animal abuse in a Somerville, Tn., court today after a Grand Jury in the Fayette County Courthouse returned a true bill on Monday. The state charges were the result of an undercover video taken in 2011 and finally the man known as “Jackie The Jerk” will be brought before the court sometime in late spring.

McConnell, already a convicted felon after federal charges were proven in Chattanooga last year, will be arraigned with Jeff Dockery, who has three counts, and John Mayes, who has two. State authorities raided McConnell’s barn shortly after the scathing video showed him repeatedly clubbing, shocking and sadistically torturing the horses in his care to achieve the “Big Lick” unnatural gait that is today the scourge of the entire horse industry.

McConnell has a known record that includes over 30 unbroken years of persistent violations of the federal Horse Protection Act but, because laws have been so lax, he has done little more than wink and continue on his way. Last year Federal Judge Sandy Mattice forced the millionaire to pay a $75,000 fine and called him a felon, but McConnell, once a Hall of Fame trainer of the National Celebration headquarters in Shelbyville, could now see jail time on the state charges.

Efforts to reach Asst. DA Mark Davison in Fayette County were futile yesterday, but in July the state put into law an animal protection bill that made such abuse a felony, each count good for one-to-five years. Because the men were indicted before the law went into effect could be a sticking point; before the act of soring horses with caustic oils and pastes was merely a misdemeanor.

McConnell provided a trophy for this year’s Celebration and, while he is forbidden to own or train horses, it is suspected he still has a presence in the seedy “Big Lick” portion of showing horses, which has now made the state of Tennessee the world leader in horse abuse. (No other country purposely maims its horses for sport.)

McConnell’s lawyers, of course, are quick and eager to strike a plea with state prosecutors and knowledgeable persons suspect a judge in the West Tennessee court would approve such an arrangement if the maximum sentence for a misdemeanor might not be worthy of a full-face trial.

Federal prosecutors in Chattanooga are keen on better legislation – now proposed in Washington – and have said they will actively pursue horse abuse as horse-show season begins. “When you deal with murder, rape, strong-armed robbery, conspiracy and everything else we see, it is hard to admit horse abuse is pretty far down on the priority list,” said one assistant DA.

“But we are also well aware the public outcry against horse abuse is raging after the Jackie McConnell tape was shown on ABC News ‘Nightline’ and we haven’t had a case of any kind that caused such outrage. We will actively monitor and pursue and viable lead we can find.”

Officials of the Humane Society of the United States, the U.S. Department of Agriculture and other animal protection agencies are targeting Tennessee, as well as hotbeds of abuse in North Carolina and Kentucky. With last year’s success and strengthened Tennessee laws, many true horsemen feel violators must go to jail before the rampant soring will stop.

The top two equine veterinary groups in the United States have openly called on the nation’s lawmakers to ban the built-up pads, or stacks, that shady Walking Horse owners use, as well as performance devices and tight bands around the hooves. Legislation is pending but the “Big Lick” crowd is fighting back. Not long ago they held a reception for a disreputable Senator from Kentucky, Mitch McConnell (not believed to be kin to Jackie).

The Kentucky senator has bullied the USDA to “lay off” the Shelbyville “Big Lick” crowd and was the subject of a scathing series in the Lexington newspaper this summer. But, just like the defiant and now-battered Big Lick hierarchy, the Republican Senator doesn’t seem to realize or even care he is a “bought” puppet of treacherous people.

Curiously, people haven’t forgotten the undercover tape or Jackie. The tape just won a Genesis Award in Los Angeles and copies of it have been viewed with disgust all over the world. Jackie is famous and, if state charges can somehow shoehorn the villain into jail, it will be a colossal achievement for the men and women worldwide who honor the horse.

royexum@aol.com

NEWS and ARTICLES - Mullins Resigns From SHOW and More

PLEASE DON'T FORGET TO CONTACT YOUR CONGRESS PERSONS!

And please do it more than once to emphasize the importance of this to be passed!

Go to www.senate.gov and www.house.gov and go to the upper right corner to find your Congress person.

Our Facebook group continues to be hot and jumping with news about the World of Soring.  Here's the latest.

SHOW President Resigns at Sept 27, 2012 Board Meeting

From the Walking Horse Report.  Now keep in mind, most board members/officers are in office for six years with most associations.  Mullins has resigned after three.

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Subject: Mullins Resigns From SHOW

The Report has learned that Dr. Stephen L. Mullins has resigned his position as President of the SHOW HIO. Mullins informed the SHOW board of directors at their meeting on September 27, 2012. Mullins has been the President of SHOW since 2009. Mullins will continue in his current role through the end of 2012 and will continue to support the SHOW HIO in an advisory capacity in the future.

During the board meeting Mullins thanked the board for their trust in him and read the following letter to the board of directors.

SHOW Board,

In November 2009, I gave up my Veterinary Practice and was honored to become President of SHOW HIO. I believe we, the TWHNC and SHOW have made great strides inside this industry. It has been a long winding road and this industry still has many hurdles to get over but I believe the industry is definitely headed in the correct direction.

I am very grateful to this Board for allowing me the freedom over the last 3 years to do the things which I and the advisors thought needed to be done. I also realize that quite often when tough choices had to be made on certain suspensions or when other circumstances came up, this Board stood behind my decisions even though it was potentially hurting this Board and its horse shows. I for one have come to know that the integrity of this Board is beyond what even I expected and for that I will be eternally grateful.

I can go on forever about my gratitude to this Board and to the TWHNC, but simply want to say thank you for your support throughout the last 3 years.

However, I am asking this Board to allow me to transition out of my position. I believe the industry has reached a point where it is time to move in a different direction. I also know that I personally have reached a point where I physically and mentally need to change. I also know that you will be approached with a new proposal for SHOW HIO within the next few weeks. I believe this will help the Celebration with the financial burden of SHOW and will also potentially get the TWHNC out of the inspection business.

I believe I need to remain at my position through the end of the year. This will get us through the Fall horse shows. We will then have appeals and hearings to get through and then will potentially have a new transition. I will then be glad to stay in an advisory role with SHOW and would be honored to help the Celebration in any way possible in the future.

I just want to say a simple, humble “Thank you” to each and every person on this board and to this great horse show. I hope I have done each of you the job this great horse show deserved and I will again always be grateful.

Sincerely,
Dr. Stephen L. Mullins

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As someone from our Facebook page pointed out, first he says, "I believe the industry is definitely headed in the correct direction."  But later on, he says, "I believe the industry has reached a point where it is time to move in a different direction."  So which is it, Mullins?  Are they doing good or bad?

This letter is very vague, of course; I'm wondering what this "new proposal" is going to be.  But overall, it sounds like a polite summation written by a rat deserting a sinking ship.  So, let's keep our eyes peeled on what HPA violator they'll put in charge next!

Next, Jackie McConnell will soon be tried under Tennessee state animal welfare laws with the same counts of animal cruelty from the Federal case.  Click here for the article.  The court date has been bumped to November 13.  This gives us plenty of time to send in emails and calls to the judge's office to ask for the maximum sentencing possible.  Good things to ask for are for a lifetime ban of owning, training and boarding horses, and a hefty fine to go with either some jail time or community service.  If that can't be achieved, perhaps house arrest with supervision when going to doctor's appointments would be a good option.

I do want to point out that Jackie was convicted in March (I think that's right--I could be wrong on the month), but the new law making animal abuse a felony didn't go into effect until July 1.  So please note that he will not be tried under the new law.  TOTALLY sucks, but hey, it's all about timing.

To contact the judge's office:  
Call the Fayette County Courthouse at 901-465-5205; ask for Mike French or his assistant, Melissa Douglass.
Email melissa.douglass@tncourts.gov Attn: Mike French, Mcconnell case. If your email gets kicked back, call the above phone number.
(Thanks to Robin P. from Facebook for getting this information!)

McConnell's name was not erased from the Celebration as they promised.  We all heard that the Celebration banned Jackie McConnell and stripped all traces of him from the show grounds.  But ho, what is this?  A clearly defined trophy called the Odel McConnell Memorial Challenge Trophy that is sponsored by him and his wife, written plain as day in the Celebration showbill.

Seems that money's the key, not who gives it to them.  Apparently the McConnells paid for this trophy some time ago, but the Celebration neglected to take his name off of it as a sponsor.  Will wonders never cease?

We have some very good news for the horse, because now several owners are being investigated concerning the McConnell abuse case.  Click here for the article from timesfreepress.com, which is copied and pasted below.

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Horse owners could be next in soring prosecutions
September 23, 2012
By Pam Sohn

As a famed Tennessee walking horse trainer begins his federal probation and prepares to defend himself against 17 state misdemeanor charges related to soring, a new battle line is forming for possible prosecutions of horse owners.

For now, that fight seems to be unfolding around eight horses seized March 1 by the U.S. Department of Agriculture from Jackie McConnell's stable near Collierville, Tenn., and now sequestered by the Humane Society of the United States.

The state cases — all charging cruelty to animals — have been taken by 25th Judicial District Attorney Mike Dunavant.

Affidavits in the case detail dozens of instances of abuse suffered by seven horses in McConnell's care, some of which were among the eight seized. Those instances include:

• From March through May 2011, an undercover operative saw McConnell or his stablehands apply soring substances to horses' legs on more than a dozen occasions — at least twice while owners watched.

• McConnell was observed beating a horse on the head with a large stick.

• McConnell twice used a "hot shot" cattle prod on a walking horse referred to as a "field colt" while a stablehand rode him.

McConnell and two stablehands, John Mays and Jeff Dockery, face 17 counts of animal cruelty involving different types of abuse including soring and stewarding. Soring is the use of caustic chemicals and chains on the horses' legs and feet to induce their exaggerated "big lick" gait. Stewarding is training the animals not to show pain.

The new charges, Dunavant said, allow officials to investigate how much owners knew and whether they participated in the alleged soring of their horses.

Dunavant also said state law provides that a court may prohibit people convicted of animal cruelty "from custody, possession, or ownership of any animals in the future."

Authorities say the seized horses still are in Tennessee, but they are in the custody of the Humane Society.

Keith Dane, the society's equine director, said the horses are "being well cared for pending the outcome of the cases."

According to affidavits signed by USDA investigator Julie McMillan, the horses have not always been so safe.

On five different days an undercover operative watched as McConnell oversaw his workers putting substances on a horse named Master Streaker. On one occasion, the horse's owner also watched, according to the affidavit.

In late spring 2011, Mays told the operative that "croton" had been applied to the pasterns of Master Streaker. The operative saw that the horse "exhibited observable signs of physical pain."

Later the same day, Master Streaker was seen "standing in her stall, repetitively picking up her feet and standing in the 'bucket stance,' which is indicative of soring. Later in the day Master Streaker was seen lying down in her stall on her side with her legs stretched back."

The following day, "the undercover operative overheard a conversation between John Mays and Jackie McConnell, where Mays tells McConnell that when he went to get Master Streaker from her stall, she would not move. McConnell asks Mays if she is 'paralyzed' and Mays says 'yes.' John Mays tells the undercover operative that Master Streaker is 'sore' from the 'croton' and that 'she ain't used to it yet,'" according to an affidavit.

Moving cases forward

On Friday, Dane applauded the state's interest in the owners of the seized horses.

"We don't have the authority to charge, of course, but we do believe that some of the owners of the horses that were in the barn when this investigation went on ... did have culpability," Dane said.

He said some of their horses previously had been ticketed for soring while being trained by McConnell.

"That should tend to suggest that they had known he was soring horses in the past, but they continued to leave their horses in his training and care," Dane said.

Last week in federal court here, McConnell was sentenced to three years' probation, fined $75,000 and ordered to perform 300 hours of community service for the USDA.

Dane said it's unclear what eventually will happen to the seized horses. The owners of at least one horse have sued the Humane Society, but Dane said he doesn't know the details of the suit.

Authorities say each horse is valued at $50,000 to $75,000.

Dunavant said the federal convictions against McConnell, Mays and Dockery will not increase any future state penalties against them if they are found guilty on the state charges.

A state Class A misdemeanor conviction can draw up to 11 months and 29 days in Tennessee. But McConnell, with no prior criminal record related to the current charges, "is statutorily presumed to be a qualified candidate for a suspended sentence and probation," Dunavant said.

Soring now is a felony in Tennessee, but when these charges were brought, it was a misdemeanor, according to authorities.

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And, click here for the arrest warrants explaining the events that are the state claims of McConnell abusing animals.  WARNING - very graphic.  Might be a bit difficult to read.

Two owners, Joe Privett and Leslie McGowan witnessed their own horses, Taj Mahal and Cash Sweep, respectively, being sored right in front of them and did nothing about it.  And the industry says owners don't know what's going on...

Finally, the HSUS has put together a really nice fact sheet about HR 6388.  Click here for the pdf.  The HSUS has told us it's okay to send this to our legislators to help explain why we need this to pass.  And feel free to pass this on to your friends to help them learn more.  We need to keep HR 6388 in the spotlight to make sure it passes!

Thanks again to everyone who is keeping up the fight to save the horse.  We have to help everyone learn more and make sure we have tons of help to stop this horrible practice and make the industry stop the lies and continue breaking the law.

NEWS and ARTICLES - McConnell Sentencing

The verdict has come down: $75,000 fine to be paid in 9 months and 3 years probation.  He must also write a letter "on the soring of horses, telling about the pain it causes and the longterm effect as well as the type of people who seek out others to sore horses. The letter is also to state how widespread the practice of horse soring is." (Chattanoogan article, copied and pasted below)

While this isn't as big as everyone wanted, it's still huge.  This WILL hurt McConnell, and it's a clear message to the rest of the industry: the government is no longer playing games and is serious about ending this atrocity.

Although I can't figure out how Greenholtz can call McConnell a "man of integrity" and "honesty" when he deliberately broke the last for the past 30 years and abused animals to do it...  Anyway...


Here's my $2 worth. (I don't say cents because we all know it will be more than a couple of pennies!)

The sentencing may seem like it's not much. But $75,000 is going to RUIN McConnell, as is a 3-year probation that I'm sure is going to be closely watched. This is not a person who has $75K lying around--he's going to have to sell stuff to pay it. This is a man who's built his livelihood on abusing animals, and now he's paying the very serious price. I imagine that now they're going to go after the $150K he owes from the first 5-year probation, and that's going to hurt even worse.

This is also a very clear indication to the industry that 1) the gov't is no longer going to stand back and not do anything about this and "trust" the industry to do their job, and, 2) they aren't going to get a slap on the wrist anymore when they're caught soring horses.

This sentencing opens the door for more prosecution and stronger sentencing to come. The judge and the prosecution attorneys are serious about this law now, and this is going to affect the entire industry and get more and more of these monsters into the courtroom and away from the horses.

This sentencing also opens up the gates for HR 6388 to be passed. Anyone who watches the HSUS video will realize that soring is widespread and that the current HPA does not have enough teeth. This sentencing will make the legislation want to see stronger penalties.

The TWH BL has become a HUGE black spot on the horse community at large. It is a small percent of the TWH world, but that percentage has been babied and doted upon to where it is the prominent image of this breed, and now new blood isn't going to come in. These people were warned for many years to end soring, but they wouldn't do it. Now they're going to pay for it, and no one feels less sorry for them than me. This sentencing should show them that 1) we all know their big giant horrible secret, and 2) there is no longer any place to hide.


A HUGE thank you goes out to Steve Neff for his hard work on this case, and Judge Sandy Mattice for seeing the truth behind this horrible man.

The Chattanoogan: Sept 18, 2012 - McConnell Gets $75,000 Fine, 3 Years Probation In Horse Abuse Case (text is copied and pasted below)

Timesfreepress.com: Sept 18, 2012 - Tennessee walking horse trainer Jackie McConnell gets three years of probation, $75,000 fine

Timesfreepress.com: Sept 18, 2012 - Co-defendants in federal horse case get probation

HSUS website: Sept 18, 2012 - The HSUS Responds to Federal Court’s Sentencing of Former Tennessee Walking Horse Trainer Jackie McConnell

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McConnell Gets $75,000 Fine, 3 Years Probation In Horse Abuse Case
Tuesday, September 18, 2012, TheChattanoogan.com


Federal Judge Sandy Mattice on Tuesday afternoon ordered Jackie McConell to pay a $75,000 fine and be on probation for three years for horse abuse.

Attorneys for the Collierville, Tn. trainer said he will need to sell some of his assets to pay the large fine.  The judge gave him nine months to do so.

He must also write a letter on the soring of horses, telling about the pain it causes and the longterm effect as well as the type of people who seek out others to sore horses. The letter is also to state how widespread the practice of horse soring is.



McConnell also must forfeit a 40-foot horse trailer that was seized.

Prosecutor Steve Neff asked that McConnell no longer be allowed to own horses, but Judge Mattice ordered that he inform probation officials on his ownership and involvement with horses during the probation period.

The prosecutor said McConnell exhibited "a complete disregard for federal laws over a period of over 30 years."

But attorney Tom Greenholtz said, "Mr. McConnell is a man of integrity. Mr. McConnell is a man of honesty. This is not the worst man in the world."

Those in the audience included former Senator Joseph Tydings, who was the sponsor of the Horse Protection Act in 1970, and Keith Dane, director of equine protection for the Humane Society of the United States.

Mr. Dane said afterward that the trainer "has shown no remorse. For decades his income was based on the torture of horses."

He said the federal law protecting horses "was passed 42 years ago and this is only the third person who has been convicted. Only one has gone to jail." Previously, trainer Barney Davis got a one-year sentence and $4,000 fine in Chattanooga Federal Court. His prison sentence was based on obstruction of justice, rather than the horse law.

Former Senator Tydings said horse owners in Tennessee and Kentucky "for decades have tortured horses by altering them with a phony gait that is based on violent cruelty to the horses. In Tennessee, the officials have known what is going on, but they have done nothing about this 'big lick.'

"It's been about the culture, the money, the celebration. They don't give a d--- about the poor horses."

In the McConnell case, both sides had agreed that he would receive probation. Judge Mattice asked a number of questions about that condition, asking, "Why should my hands be tied?" After a long discussion and a recess, he said he had decided to accept the plea agreement "in toto."

Attorney Greenholtz said the 60-year-old McConnell has a number of health issues and has "no income" since the U.S. Department of Agriculture put down a lifetime ban against him taking part in the horse industry about a month ago.

He said his health insurance costs $1,200 a month and medication from $350 to $600 a month.

Prosecutor Neff said McConnell on numerous occasions had been able to go around restrictions put on him after he was caught soring horses or set up others to do so. He asked for the same restrictions under the probation as is being set down by the Department of Agriculture. But the judge did not go that far in his order.

He said with McConnell "I think this really is a lifetime ban. I think it is different this time."

Judge Mattice noted there had been "a media blitz" about the case and he had received hundreds of letters both for and against the defendant.

The case gained widespread attention after the Humane Society obtained a secret videotape showing McConnell abusing horses. It was the subject of a TV documentary.

Two other defendants, Jeff Dockery and Joseph R. Abernathy got probation. They also are to write letters on the subject of horse soring.

Dockery, 54, said McConnell set him up as a trainer and paid for his application. Abernathy, 30, said he is a farrier who was not involved in soring but in transporting horses.

Abernathy said, "I do feel remorse and this will make me a better person in the end."

McConnell made a short statement in court, apologizing to his family, friends and co-workers.

The Humane Society afterward issued this statement:

“Like many others in the Tennessee walking horse industry, Jackie McConnell has a long history of abusing horses for the sake of a blue ribbon and the profits that go along with it. He and his associates were caught on tape using painful chemicals on horses’ legs, and whipping, kicking and shocking them in the face—all to force them to perform the unnatural 'Big Lick' gait in competitions. The Humane Society of the United States is grateful that the U.S. Attorney took on this important case and sent a message that soring will not be tolerated. It was our hope that McConnell would do prison time for these terrible crimes, but there are gaps in the federal law that need to be strengthened.”

In the wake of the McConnell case, The HSUS has worked with a bipartisan group of federal lawmakers on the introduction of legislation to strengthen the Horse Protection Act (H.R. 6388, the Horse Protection Act Amendments of 2012). We are calling on Congress to take action on the legislation in the lame duck session of Congress. The bill simply fortifies the current law, and the only reason anyone in the Walking Horse industry would oppose this legislation is if they want to continue to sore horses.

McConnell and two others are also scheduled to appear in court later this month to face 31 counts of violating Tennessee’s state animal cruelty statute.

Facts:

Although the Horse Protection Act was signed into law more than 40 years ago, the systematic abuse of Tennessee walking horses continues unabated. Trainers have devised a gruesome array of techniques to make it painful for these majestic horses to step down, so they will lift their front legs extremely high in the prize-winning, unnatural gait known as “the Big Lick.”

The state and federal charges against McConnell and his associates follow another recent federal criminal prosecution involving the practice of horse soring. In November 2011, former trainer Barney Davis pleaded guilty to violations of the Horse Protection Act. He was sentenced by a federal judge to serve more than a year in prison.

A 2010 USDA Office of Inspector General audit exposed how players in the walking horse industry work to evade detection, rather than comply with federal law and train horses humanely. The audit stated that the USDA needs more funding for full enforcement of the Act, and recommended stiffer penalties for violators and the abolishment of the industry’s failed system of self-enforcement.

H.R. 6388, the Horse Protection Act Amendments of 2012, co-sponsored by Reps. Ed Whitfield, R-Ky., and Steve Cohen, D-Tenn., Jan Schakowsky, D-Ill., and Jim Moran, D-Va., will end the failed system of industry self-policing, ban the use of certain devices associated with soring, strengthen penalties, and hold accountable all those involved in this cruel practice.

U.S. Attorney Bill Killian said, “The U.S. Attorney’s Office prosecutes cases and enforces the law as it is written.  As presently constituted, the defendant’s acts of soring the horses are not themselves federal crimes.  They are misdemeanors under state animal cruelty laws.  The defendant committed federal misdemeanor offenses when he conspired to transport the sored horses and enter them into nationwide competitions.  He committed federal felony offenses when he instructed others to falsify horses’ entry paperwork at the shows to indicate that someone other than the defendant was the actual trainer of a horse.  He did this to shield himself from scrutiny as a result of having been disqualified from training and entering horses into competition by administrative sanctions of the USDA.  This five-year administrative disqualification stemmed from the defendant’s numerous previous violations of the Horse Protection Act."

The U.S. Attorney said McConnell in his plea agreement on file with the U.S. District Court in Chattanooga "admitted to conspiring with others to violate the Horse Protection Act in various ways. At all times relevant to the charges in the indictment, he was on suspension from entering horses into shows.  Nevertheless, he continued to train horses by soring, transporting, entering, and showing them at horse shows while on suspension.  He trained horses using illegal soring methods such as the application of banned chemicals to the horses’ pasterns, which caused painful burning to their legs.  McConnell then arranged for them to be taken to the shows, where he stayed on the grounds outside the warm-up areas, as required due to his disqualified status, and directed others how to show the horse. At the shows, he submitted entry paperwork which falsely stated that someone else was the trainer of the sored horses.  He took steps to camouflage the damage to the horses by instructing others to apply magic markers and other masking devices to the horses’ legs prior to inspection."

He also said, "The case arose from an undercover investigation conducted by the Humane Society of the United States, which resulted in the creation of evidence instrumental to the case.  The USDA Office of InspectorGeneral and Federal Bureau of Investigation conducted the follow-up investigation, including the execution of search warrants at McConnell’s temporary stables in Shelbyville and his barn in Collierville during the 2011 Tennessee Walking Horse National Celebration."

He commended Special Agent Julie McMillan, U.S Department of Agriculture, "for her initiative, persistence and diligence in investigating and highlighting this problem to the U.S.Attorney’s Office.  Her performance and the excellent work of Assistant U.S. Attorneys Steve Neff and Kent Anderson, resulted in this conviction, sentence and forfeiture. We will continue to investigate and prosecute cases involving violations ofthe Horse Protection Act as we do in other areas of federal law.  The impact in these cases has been far beyond any level that we might have imagined.”

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NEWS and ARTICLES - And The Wheels Keep On Turning

Well, I guess the best I can do right now is post articles and some quick information about the aftermath of Black Week.  There is so much more to post, but I have to get everything gathered before I can do so.

To preface, so far the swabbing tests from days 2 through 10 of the show done by the industry/TWHSO have not been released.  SURPRISE SURPRISE SURPRISE.  However, the USDA released this statement today:

Given the interest in the enforcement of the HPA at this year's Celebration, USDA wanted to post preliminary inspection results now, rather than at the end of the year. This year, USDA and DQPs inspected 1,849 horses and found 166 violations - an approximate 9% violation rate. This rate is slightly lower than the 9.5% violation rate from the 2011 Celebration, during which 2,143 horses were inspected and 203 violations were found.

That should blow that 98% compliance out of the water.  Oh wait, the industry will pad (pun intended) the numbers and make themselves look all innocent and sweet, of course.

Let's also point out that the amount is 1,849 horses at the show, not entries, and that's 294 less horses than last year.  They have not released the information on stacked vs. flat shod violations yet.  I'll post it once I get it.

The Celebration grounds were "a ghosttown," as one poster on the FTTWH Facebook group said.  Horses were being taken home every night and not kept in the stalls on the grounds...I think we can all guess why.  Horses that were kept in stalls had locked fencing around the barns to keep people out.  The stands were anywhere from 1/4 to 1/3 empty...the WGC class that is usually standing room only had HUGE gaps in the stands.  We have video proof of this.  The big question is: will the industry realize WHY and stop this madness?  My vote is no, they're going to continue to spread the same lies over and over again and continue to protect the abusers.  Or maybe the horses will get lucky this time around...

A HUGE deal right now is the below release from Steve Neff, the prosecutor and our sound horse friend in charge of the McConnell case.  This is sentencing memo asking for a five year probation for McConnell from owning, training, helping to train, or dealing with horses in any way.  The memo points out that the HPA doesn't have as much teeth as it should, and that the goal is to get the max possible sentencing due to his heinous crimes.  It's also essentially a warning to the industry.  The PDF is linked below.

United States Sentencing Memorandum concerning Jackie McConnell

Here's a great article that further covers the memo from the Times Free Press.

Soring prosecutor hits law, warns horse owners, traders

And most telling, Jackie McConnell and his wife sponsored a trophy at the Celebration this year.  HUH.  I thought his name was to be BANNED from the Celebration grounds.  Nice move, dumbasses.  Guess it doesn't matter where the money comes from, huh?

McConnell's sentencing was pushed to September 18th...you bet your ass we'll all be waiting with baited breath to find out what happens.  Of course, for many people, the max punishment won't ever be enough, but we have to take heart that this sentencing has come fast, and that it's become so public.  This is going to happen to other trainers, mark my words, and it'll be sooner rather than later.

I'm sure many people have heard about Ironwork's Tin Man.  Unfortunately, this stallion was so sore for the DQP inspection for the final class he was to be in that he could hardly walk around the cones as was deemed "crippled" by the attending vet.  Chad Way, his trainer, was immediately banned for two years and the horse was given a scar rule ticket--unfortunately, it was the best way the DQP and USDA could find to punish this particular case.  But what we really need to see is a LIFETIME ban for Chad Way the animal abuser.  He has 16 - yes, SIXTEEN - previous violations with two previous two year suspensions.  The good news is that the HSUS is looking into dealing with this situation.  Hopefully they will help rescue Tin Man and will press charges.  This is all I know, but when I find out more information I'll post it.

Right now, there is some controversy over whether Rood & Riddle, a local veterinary hospital, was paid to come to the Celebration and observe the inspections and "re-check" horses.  Dr. Hopper from R&R did come and was interviewed for the industry.  Unfortunately, R&R learned that the interview was taken completely out of context and the article written was skewed to make it sound like Hopper is pro stacks.  R&R released the following statement.  Click here for the webpage--comments can be added.

Rood & Riddle wholeheartedly supports the efforts of the AAEP and AVMA to eliminate soring and other intentional methods of inducing pain in the training and performance of Walking Horses.

Rood & Riddle Equine Hospital is unequivocally opposed to the soring of horses and fully supports the efforts of the AAEP and the AVMA to end this inhumane practice. It has come to the attention of Rood & Riddle Equine Hospital that the Tennessee Walking Show Horse Organization had previously released a statement that the organization has retained Dr. Hopper to attend the recent Tennessee Walking Horse Celebration. This is not accurate. Dr. Hopper was not retained by TWSHO or any other organization to attend the Celebration. Dr. Hopper was invited by TWSHO to attend the Celebration horse show. He has no working agreement with the show or any other organization, has not and will not receive any compensation for his attendance, and has not agreed to any future obligations. Rood & Riddle is working with TWSHO to correct this error.

Dr. Hopper’s presence is testament to our belief that there is value in the restoration of the horses of the Tennessee Walking Breed to their original, once proud, plantation heritage. It is our belief that active veterinary involvement is paramount in bringing about positive change in the care of all horses.

Now it would be great if everyone would comment and ask them to PLEASE take a vocal stand AGAINST stacks the way the AVMA and the AAEP have.  That's what we really need more than vague language that they just support the AVMA and AAEP's stance.  Comments can be added here.

More important articles and opinion pieces are linked below.

Sept 7, 2012, Tuesday's Horse - Walking Horse Celebration war of words, soring and slaughter

Sept 9, 2012, The Tennessean - Gail Kerr: Tennessee walking horse soring won't stop until judging rules change

Sept 9, 2012, Horsetalk.co.nz - People continue to profit from soring – prosecutor* (I think this is an interview with Steve Neff...not sure on that.)

Sept 9, 2012, Horsetalk.com.nz - Grim picture of McConnell’s soring practices described*

*Both of these articles are from the New Zealand.

Probably the most important piece of them all:  Sept 10, 2012, The Chattanoogan - Roy Exum: Horses, The World And Us

Be sure to visit our Facebook group at this link.  That's where most of the information is being posted as soon as we learn about it, and feel free to let your voice be heard by asking questions and speaking your mind.  The horses need all the help they can get!

RESEARCH and GUEST BLOGGER - The Truth Behind the Numbers

I've got a few guest bloggers that are writing some great pieces for our blog.  First up is this excellent article by Suzi Clark.  Suzi is currently active with the NWHA and helping to end soring.  A short paragraph about her is included below.  Here, Suzi discusses the problems with the industry's current excuses for McConnell and the soring issues, including the violation rate for the 2011 Riders Cup rankings, the list of the most prominent trainers in the TWH industry.

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The Truth Behind the Numbers

We have heard in the past few weeks about the United States Humane Society undercover investigation exposing a Tennessee Walking Horse Trainer, Jackie McConnell. This expose has been aired all over the nation. The video shows horrific abuse inflicted on the Big Lick horse to force them to perform an extreme high stepping animated gait.

We have also read the various press releases from the governing bodies in the Tennessee Walking Horse Industry including The Tennessee Walking Horse Breeders' and Exhibitors' Association (TWHBEA), Walking Horse Trainers' Association and the largest Horse Industry Organization (HIO) inspection program called S.H.O.W.  These press releases minimize or deny their role in the continued practice of soring and claim McConnell was just an exception or a bad apple.  I am not going to elaborate on all of the lies in these press releases that these associations feed the public, but I will touch on a few.

TWHBEA felt the need after all these years to clarify its role, stating they are just a registry and have no authority over showing inspections like other equine associations.  Well, if that was the case, maybe you should remove the words "Breeders' and Exhibitors' Association" and replace it with the word "registry" calling it the Tennessee Walking Horse Registry, or have your President Marty Irby recant his speech at the various USDA listening sessions across the country this year when industry stakeholders had five minutes to speak to the USDA about the Horse Protection Act.  President Marty Irby stated he was against the USDA mandatory minimum penalty protocols.  The USDA requires each horse industry inspection program to implement because these penalties would protect the horse and make trainers and owners accountable for violating the Horse Protection Act.

There are about twelve inspection programs, HIOs, with three of them being compliant with the USDA.  We need to differentiate these inspection programs with the other nine so there is no confusion.  The sound horse inspection programs are: The National Walking Horse Association (NWHA), Friends of Sound Horses, and the International Walking Horse Association. These associations have eliminated the sore horse from the ring.

Okay, that being said, the USDA mandatory penalties require a suspension taking habitual horse offenders out of the ring.  I might also add they are MINMUM penalties and that the USDA should not have to force any equine association to implement these penalties. These inspection programs are supposed to protect the horse from abusive training methods, but instead they protect the violators.

Several of us from NWHA attended the Kentucky listening session where Marty Irby spoke.  Mr. Irby stated these penalties would decimate the industry and decrease the value of our horse. We were so disgusted with his stance. He also goes on to brag the industry has a 98% compliance rate but one brave individual named Mark Matson challenged the percentage questioning, "If penalties only effect violators and you have a  98% compliance rate how would you expect a 2% violation rate to decimate your industry?"  That is the truth, it is not possible.

Dr. Steven Mullin, an equine vetenarian and the director of S.H.O.W, has been interviewed several times recently.  I might add that Dr. Mullins was quick to ban Barney Davis before his trial and denied the fact Barney Davis was a Walking Horse trainer.  Guess what; a tape surfaced of Mr. Davis showing at the 2009 National Celebration under Dr. Mullins inspection program.  Dr. Mullins also claims a 98% compliance rate and states he has enforced the Horse Protection Act more than anyone else. What he doesn’t state is his organization is facing decertification by the USDA because he refuses to implement these minimum penalties.  His penalty protocol focuses on a fine with little to no suspension for the violators.  This allows the habitual offenders to remain in the show ring and pay a mere $100 fine for most violations.  I have found data where many trainers have up to ten or more violations a year and are still showing.  It is a revolving door policy and many flock to this meaningless enforcement.  Dr. Steven Mullins inspects for the annual Tennessee Walking Horse Celebration, named The Cruelest Horse Show on earth by the United States Humane Society.  If you remember, this show was shut down in 2006 before the World Grand Championship class because only three of the entries passed the USDA inspection for the World Grand Championship Big Lick class.

Now let’s discuss how this fabricated compliance rate is calculated.  A true compliance rate is based on the number of horses, not the number of entries.  Example ten runners show up to race.  Only five of the runners pass a random urine test.  Results equal a fifty percentage compliance rate.  In the industry, the numbers are further diluted by including all sound horse organizations entries, versatility entries, and flat shod entries.  This also does not include the mass exit of trainers every time the USDA shows up to inspect horses and the horses that are drugged, numbed, or stewarded.  The recently released USDA foreign swab analysis showed 50 of 52 samples done at the 2011 Celebration were positive for foreign substances mostly numbing agents at Dr. Mullins inspection program. How’s that for a 98% compliance rate.  A study found that 90% percent of all Horse Protection Act violations come from the Big Lick division.  I found that Dr. Mullins does not include the number of horses on the USDA horse protection program DQP report. What are you hiding?  A true compliance rate?

So if you want to use a compliance rate on entries, we can look at the 2011 Celebration, where the world grand champions are crowned.  Now you have to remember the USDA can only attend 7% of all Tennessee Walking Horse Shows due to lack of funding.  The compliance rate at the 2011 Celebration was actually about 91% and about 86% when the recently released USDA random foreign substance swab results are included.  That does not include the horses that don't get led up to inspection that go in versatility classes that don't require inspection.  The 98% number has been used by the industry forever, and it is a lie.  It is based on the reports sent in by DQPs from the inspection programs that let sore horses in the ring, and includes all of the shows they inspect, 94% of which they inspect when the USDA vets are not standing over their shoulder to ensure they inspect properly.

Those programs need to be decertified by the USDA.  This is not a problem of a few trainers.  The top 20 trainers in the industry collectively have over 160 Horse Protection Act violations over the 2010 and 2011 show seasons.  They are being rewarded for soring horses.  It is ridiculous, and it needs to stop. The primary reason it has not stopped is that those same inspection program, if they do cite a violation, cite a lesser violation for which the penalties are meaningless.  Plus, they commonly don't even enforce their own penalties on the worse violations.  Those inspection programs are the tools by which all of this abuse goes on.  All of the statements made by the Walking Horse industry are hollow platitudes.  They cater to people who make a living soring horses and lying about it.  It has gone on for decades, it is common, and Jackie McConnell is no exception.

The Walking Horse Trainers' Association stated they were shocked and saddened by the actions of Jackie McConnell.  They state the welfare of the Tennessee Walking Horse is at the forefront of their association and membership.  I think what is shocking is the number of violations of the top trainers in the industry competing for honors in the rider’s cup award.

Below is a spreadsheet showing the 2011 Riders Cup rankings of trainers in the Tennessee Walking Horse industry.  It also shows the violations on those trainers written by the horse industry inspection organizations over the 2010 and 2011 show seasons.  It does not include USDA disqualifications.  In addition, it shows the penalties that would have applied under the USDA minimum penalty protocol, the suspension penalties (not fines) under SHOW’s penalty structure, and the suspensions that were actually levied by the horse industry inspection organizations.  To the best of my ability, the data is true to the best of my knowledge as it was available.  (Three pages--click each page thumbnail to read the entire page.  Hover your mouse at the top of the page when it shows up and click Zoom In to see it in a larger view.)

 

One cannot examine this spreadsheet without concluding that these trainers continue to sore horses and are being rewarded for it by the industry.  The penalties levied by the industry are worthless in terms of an effective deterrent.  Most of the violations have no suspension at all.  Most of the penalties for the few bilateral sore cases were served over the winter, also having no effective deterrent.  In fact, most given those suspensions will be off of them just in time for the Celebration.  The industry keeps saying there are a “few bad apples”, and most of the horses are sound.  The fact is that the bad apples are the industry’s inner circle of trainers and owners.  In fact, since Dr. Mullins and others have continued to put forth blatantly false information about violation statistics, it is no stretch that many of the violations are being dumbed down to something less than they really are (i.e., bilateral written as a unilateral or scar rule) when the USDA is not present, and probably even when they are present, to an extent.  If these people will lie to the public, then they will alter inspections.  That said, the spreadsheet should be viewed as very conservatively representing the situation, and in reality it is significantly worse.  An examination of the penalties and who they would impact also shows why the industry is so up in arms over the USDA penalty protocol while simultaneously claiming a compliance rate of 98.3%.  It is way past time for this nonsense to stop.

~ Suzi Clark

Suzi Clark rode her first TWH at five years old.  The palomino mare was owned by her cousin, and this mare started a long love affair for the breed.  Suzi continued to ride through her teenage years until she purchased her first TWH at age eighteen.  Nine months after her purchase, she attended her first TWH show with friends Debra and Mark Matson.  During those years, Suzi witnessed many atrocities inflicted upon the defenseless TWH.  Nerve cords, open application of soring agents, stewarding, and using whips to force horses out of their stalls to the inspection area, as they were in so much pain they could hardly walk.  Suzi was outspoken against the abuse during a time when it was forbidden and suffered physical threats and banishment.  In 1997, she was informed of a new HIO called the National Walking Horse Association and is proud to say she is one of the fifty founding members of NWHA.  Suzi is still active and competing in the growing association and is currently apprenticing for her judge's license.