Dorrie & Frank
Well-Known Member
Ginny gave you a good update. I have been in contact with a bunch of folks today. I appreciate everyone's help. Remember that Jess had posted that the horses had been given some hay and water. With the uproar the sheriff has had to deal with and the intense focus of us, the media and so far 2 vets I cannot imagine that they are without at least hay and water right now. That is not the present problem. The present problem is that they need more than hay and water. They need a more intense and more permanent solution.
Ideally the local law enforcment, ie the sheriff in this case, would have filed charges and taken the horses when apprised of the breach of the law. The problem arose when the sheriff failed to respond with a legal action and instead has tried to handle it privately. Going over the ahead of the law enforcement agent designated to enforce the statute is not an easy proposition when most of the voices are from out of state and out of the country. It is not that the wonderful mini lovers in Kansas have not tried as well but it is easy for the sheriff to ignore folks from other parts of the state.
We are finding ways around the issue that will result in no one in our groups going to jail and without making Vern look like a picked on good ol boy. The charges presented today to the county attorney (referred to as the DA) weren't accepted, however, the representative of the licensed organization to go to file the charges was pulled back by her powers that be and did not go. The courageous folks who did go did not fit within the definition under Kansas law of who could file charges. The county attorney's office then referred the complaint back to the law enforcement officer who is charged with that duty: the sheriff.
We now have a coordinated effort with another Kansas licensed rescue group who are going to have their board members gather their evidence and go back to the county attorney, hopefully tomorrow. They are also authorized under the statute in an equal level with the local law enforcement to bring charges and to seize the horses. The problem is that if they take the horses and charges do not follow they could be sued for the return ofthe horses and we are in a worse position than before. (there would be a court order recorded giving the horses to Trembly.) The best way is to go the route of filing charges first and then seizing the horses.
If that fails and it could - then we are faced with filing our own civil action as a mandatory injunction to allow an independent vet exam, to restrict the movement of the horses, and to allow seizure of the horses for rehabilitation during the pendency of any charges to permanently take the horses and goats from the owner. We have courageous individuals and dedicated organizations all from Kansas stepping up to place their names on the motion for injunctive relief if we need to file it. I know I have missed many Kansas activist mini lovers who will want to be included on the motion as movants. Please email me with your full name, address, county of residence, telephone and email.
We are making progress on veterinary assistance from KSU. We cannot confirm that the sheriff ever made an appointment for a KSU vet to see the horses on Thursday. I imagine him standing in front of the socker bopper midway game at a carnival just hitting inquiries with what they want to hear as soon as their heads pop up and not really getting anything done. It would be great if he did have that arranged it would get him closer to filing charges but who knows.
We have heard that the horses were moved to other pastures, but do not have confirmation of that. They can't hide the horses because a judge will order the sheriff and Trembly to disclose where they are so that is not an issue. I share Ginny's fear that they will die from the sudden diet change. Many of us have rehabbed starving horses and know what intensive and careful management ot takes to get them back to full pasture and full feed. It is out of our hands at this moment and we can only pray that someone who has some wit about them is looking out for them.
It's not over until Trembly no longer has any animals in his care.
We need to keep the energy level and attention up all the way.
Ideally the local law enforcment, ie the sheriff in this case, would have filed charges and taken the horses when apprised of the breach of the law. The problem arose when the sheriff failed to respond with a legal action and instead has tried to handle it privately. Going over the ahead of the law enforcement agent designated to enforce the statute is not an easy proposition when most of the voices are from out of state and out of the country. It is not that the wonderful mini lovers in Kansas have not tried as well but it is easy for the sheriff to ignore folks from other parts of the state.
We are finding ways around the issue that will result in no one in our groups going to jail and without making Vern look like a picked on good ol boy. The charges presented today to the county attorney (referred to as the DA) weren't accepted, however, the representative of the licensed organization to go to file the charges was pulled back by her powers that be and did not go. The courageous folks who did go did not fit within the definition under Kansas law of who could file charges. The county attorney's office then referred the complaint back to the law enforcement officer who is charged with that duty: the sheriff.
We now have a coordinated effort with another Kansas licensed rescue group who are going to have their board members gather their evidence and go back to the county attorney, hopefully tomorrow. They are also authorized under the statute in an equal level with the local law enforcement to bring charges and to seize the horses. The problem is that if they take the horses and charges do not follow they could be sued for the return ofthe horses and we are in a worse position than before. (there would be a court order recorded giving the horses to Trembly.) The best way is to go the route of filing charges first and then seizing the horses.
If that fails and it could - then we are faced with filing our own civil action as a mandatory injunction to allow an independent vet exam, to restrict the movement of the horses, and to allow seizure of the horses for rehabilitation during the pendency of any charges to permanently take the horses and goats from the owner. We have courageous individuals and dedicated organizations all from Kansas stepping up to place their names on the motion for injunctive relief if we need to file it. I know I have missed many Kansas activist mini lovers who will want to be included on the motion as movants. Please email me with your full name, address, county of residence, telephone and email.
We are making progress on veterinary assistance from KSU. We cannot confirm that the sheriff ever made an appointment for a KSU vet to see the horses on Thursday. I imagine him standing in front of the socker bopper midway game at a carnival just hitting inquiries with what they want to hear as soon as their heads pop up and not really getting anything done. It would be great if he did have that arranged it would get him closer to filing charges but who knows.
We have heard that the horses were moved to other pastures, but do not have confirmation of that. They can't hide the horses because a judge will order the sheriff and Trembly to disclose where they are so that is not an issue. I share Ginny's fear that they will die from the sudden diet change. Many of us have rehabbed starving horses and know what intensive and careful management ot takes to get them back to full pasture and full feed. It is out of our hands at this moment and we can only pray that someone who has some wit about them is looking out for them.
It's not over until Trembly no longer has any animals in his care.
We need to keep the energy level and attention up all the way.
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