It was the second order General Sessions Judge Robert Headrick has given. The judge issued his first order that the horses be returned on Aug. 15 after he threw out the case against Tennessee Walking Horse trainer Larry Wheelon, 68.
Maryville attorney Rob White said there had been an issue with the address he had given for where the horses were to be returned, and he corrected that on Aug. 29, when Mack McNutt agreed to house the horses at his Old Niles Ferry Road stables.
This didn’t expedite the return of the horses, White said.
Assistant District Attorney Ellen Berez said the Society for the Prevention of Cruelty to Animals had custody of the horses and the Humane Society of the United States was charged with caring for them.
“I’ve received no cooperation from the HSUS, the local SPCA or the district attorney’s office in the return of these horses when they previously agreed to do,” he said. “So this morning, I filed a contempt of court motion.”
Following a three-hour conference, White said that Headrick told the attorneys he expected his new order to be followed.
“There’s no date to return, but I expect this order to be complied with very soon,” White said.
Berez said of the new order, “We are working to get that done.”
The prosecutor said she did not know where the horses were being kept, and White said he was very concerned about the welfare of the animals, especially since the owners hadn’t seen the horses since U.S. Department of Agriculture agents seized them at Wheelon’s stables in April.
Wheelon supporter Farrell Hughes of Burnsville, N.C., owns horses Wheelon was accused of soring, or applying chemicals to their legs.
“We’re not expecting our horses to be in much condition,” Hughes said.
Wheelon said the horses should have been returned in the seven weeks since the hearing.
“They thought they did not have to abide by the judge’s rules, but they found out differently this morning. I hope they can bring them all home, but I’m afraid they won’t,” he said. “I hope they’re all in good shape.”
District Attorney Mike Flynn said there is still research and investigative work to be completed by Nov. 4, when the next grand jury meets.
“Our hope is to have it done and a decision made by the next grand jury,” he said.
Headrick on Aug. 15 dismissed the felony animal cruelty charge against Wheelon after he said the prosecution failed to prove probable cause. When announcing his decision that day, the judge said lead USDA agent Julie McMillan’s testimony was successfully impeached, and he said prosecution witness Dr. Bart Sutherland violated the rule for separate reception of evidence when he sat in the courtroom for 30 minutes while someone else testified. The rule is to ensure the integrity of each witness’ testimony.
Berez said following the Aug. 15 preliminary hearing that Sutherland, who swabbed the horses’ legs, would have testified at least one of the horses showed signs it had been sored.
(Knoxville News Sentinel - Oct 2, 2013)
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