Despite 71-year-old Jean Hansen's assertion, Midland County District Judge John H. Hart on Tuesday, Sept. 10, ruled that there is probable cause for Hansen to stand trial on one count of cruelty to 10 or more animals, a four-year felony.
Hansen owned the dogs taken in what Sheltie advocates called “the largest shelter seizure of Shelties in the state of Michigan.” Midland County Animal Control Officer Rick Shields and veterinarian Dr. Janet Sherwood testified at the hearing.
Hansen, who has pleaded not guilty, remains free on a $50,000 bond that requires her not to possess any animals and surrender any dogs she had in her possession.
Chief Prosecuting Attorney Erik S. H. Wallen asked for an additional restriction on Hansen after he was contacted by two witnesses who said Hansen contacted them as recently as the night before the preliminary hearing.
Hart ordered the defendant not to have any type of contact with the 20 witnesses listed in connection with the case.
The felony charge of cruelty to 10 or more animals stems from the July 3 seizure of 38 Shelties from Hansen’s property near the Midland/Gratiot county line. During the seizure, two deceased Shelties were found in a room of the mobile home where Hansen lived.
Midland County Animal Control Officer Rick Shields testified that he was the one of the first to arrive at Hansen’s property after receiving complaints from neighbors and local animal control offices.
Accompanied by Midland County sheriff's deputies and the Humane Society of Midland County officials, Shields went through four buildings and reported seeing rodents, urine spots, and an “excessive amount of fecal material,” along with a strong odor, he testified.
A room inside an addition on the back of the mobile home contained two dead Shelties, one inside an empty food bag and another next to the bag, Shields said.
When asked by the prosecutor if the defendant was questioned about the dead animals, Shields replied Hansen told him the dogs had “probably gotten into a fight with each other,” and she was unable to bury the bodies.
Shields testified the kitchen sink of the mobile home was “full of some kind of pitch-black liquid,” which Shields said Hansen told him was a result of the plumber being unable to fix the faucet.
An outdoor kennel met minimal standards for holding animals, said Shields, who added that during the three hours he spent on Hansen’s property, he did not locate food or a source of water.
When asked about the condition of the dogs, Shields said they appeared to be underweight, and Hansen told him she “kept them that way for research purposes” and planned to pursue a license for such research.
“She didn’t feel there was anything wrong with the conditions,” Shields said.
During the seizure, Hansen talked about how a stalker was visiting her property at night and “making the dogs aggressive and cutting off body parts,” Shields said. Hansen told Shields she had made complaints with the Midland County Animal Control.
Two exhibits of numerous photographs and one exhibit of video footage from the seizure were submitted as evidence by Wallen, the prosecuting attorney, and showed the layout of Hansen’s property, the living Shelties and the two dead animals.
When asked by Hansen's attorney, Philip Sturtz, for an estimate on how long the animals found dead had been in that condition, Shields said about four or five months.
Shields testified he visited the property about six times to respond to complaints and for kennel licensing purposes before the July 3 seizure and said the previous conditions were “nowhere near” what he saw that day.
Sherwood, the veterinarian, testified that she and her office assistant from the Midland Animal Clinic performed head-to-toe examinations of the 38 Shelties found on the property. She said all the dogs scored between 1 and 3 on a scale of 1 to 9, with 1 being very thin.
All of the dogs had moderate flea infestations, and many had intestinal parasites, bite wounds and torn ears, Sherwood said. At least seven of the Shelties were pregnant, though Sherwood said the defendant thought one of the dogs was overweight.
The 38 Shelties now number about 68 animals after numerous litters were born; all have received treatment and are being cared for through foster homes and Sheltie rescue shelters across the United States.
When asked, Sherwood replied she did not examine the two dead Shelties. She described the living dogs as “terrified” and “fearful.” Sherwood said she was bitten while examining them.
In arguing against his client being bound over for trial, Sturtz said there was no evidence the dogs had been tortured nor were they required to be socialized.
“Maybe she was a dirty housekeeper, but that had nothing to do with animal cruelty in this particular case,” Sturtz said.
["Cruel confinement" is animal cruelty. It doesn't matter whether she fed them daily. The horrendous conditions reached the level of cruelty.]
Hart noted black mold growing over parts of the property where the Shelties were found and the starvation of the dogs before binding Hansen over.
He called the treatment of the Shelties as “almost indescribable.”
“The pictures are abhorrent,” Hart said. “The conditions in that house are so bad that I don’t think any living person or creature should be allowed in that home.
“The list (of conditions) is significant and one of the worst I have seen.”
(MLive - Sept 11, 2013)
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