PENNSYLVANIA -- A Weisenberg Township woman was convicted today of animal cruelty in the December 2011 death of her horse.
District Judge Michael Faulkner heard testimony from 10 witnesses, including defendant
Michelle Miller, before announcing his decision at the close of a three-and-a-half-hour summary trial.
He sentenced Miller to pay a $750 fine, the maximum amount permitted by law.
Miller and her defense attorney, Ed Andres, declined comment after the trial. She has 30 days to appeal the conviction.
Veterinarian Jessica Rexroth, of Quakertown Veterinary Clinic, testified the horse, a 17-year-old Fjord mare called Solita, starved to death. The animal was likely underfed for at least a year before her Dec. 3, 2011, examination, the vet said.
Rexroth said Solita had a heart murmur, but that it wouldn't have prevented her from eating or caused the horse to lose weight. Under cross examination, the vet testified it's possible that an undiagnosed condition contributed to Solita's death but that her examination ruled out liver and kidney ailments, among other problems.
She said the horse's teeth had not been maintained, which could make it painful for the animal to chew food. Her hooves were in poor condition, as well, the vet said.
Solita died Dec. 19, 2011, at Last Chance Ranch Equine Rescue in Richland Township, Bucks County, where she was taken after Miller surrendered her to authorities.
Michelle Miller testified she didn't want to give up Solita, but felt cornered. "I was given a choice to surrender the animal or go to jail or face thousands and thousands of dollars in vet bills," Miller said, referring to a conversation she had with Pennsylvania State Trooper Erin Snyder. Snyder prosecuted the case against Miller.
Faulkner said Rexroth's testimony and photos of Solita taken the day of her surrender weighed heavily in his decision. The judge said he doesn't believe Miller set out to kill Solita, but clearly failed in her duty to provide adequate feed and veterinary care for the animal.
Police last year said the horse was named Selita. During testimony today, witnesses called the horse Solita -- pronounced the same way, but spelled differently. Staff at Last Chance Ranch nicknamed the horse Holly because it arrived there at Christmastime.
Miller and her two sons testified that they took turns feeding Solita and other animals at the family farm in the 2900 block of Golden Key Road. They said the horse was fed twice daily, usually with hay and grain.
"She was definitely a member of the family," Michelle Miller testified, noting that her grandson was particularly fond of Solita.
Michael Miller, Michelle Miller's husband, testified that his wife loved her animals -- the family also had another horse, alpacas and a goat -- and was a committed caretaker. He and Miller's sons said Solita looked and behaved as though she was in good health.
Testimony from troopers, the vet and Last Chance Ranch President Lori McCutcheon contradicted Miller and her family's description of Solita.
McCutcheon said she first saw Solita in November 2010 after receiving complaints about the animal's condition. Accompanied by a state trooper, she visited Miller's farm and spoke with her about providing proper feed and veterinary care for the horse.
Miller indicated she understood what was necessary to boost Solita's weight and followed through with a promise to get the horse checked by a vet, McCutcheon testified. However, when she next saw Solita in November 2011, the horse was thinner than in 2010 and looked as though "she was just waiting to die," McCutcheon said.
Trooper Colleen Shelly, an animal crimes investigator, testified Solita looked like "walking death" in November 2011. The mare's ribs and hip bones were protruding and clearly visible even though Solita had begun to grow her winter coat, she testified.
McCutcheon said she and Last Chance Ranch staff, based on Rexroth's advice, began feeding Solita.
She seemed to be improving, but on Dec. 19 the horse laid down in her stall and wouldn't get up. They ultimately decided to euthanize her, McCutcheon testified.
After the trial, Shelly said Faulkner's decision was appropriate given the facts of the case.
McCutcheon agreed and noted that Michelle Miller knew what kind of care Solita needed and didn't provide it.
"The sad thing is she knew better," McCutcheon said.
Miller surrendered three alpacas and a goat along with Solita on Dec. 3. Authorities said the other animals were underweight, as well, but are on the mend.
Miller testified that another horse on the property, a gelding called Joker, had cancer and was euthanized after his care was taken over by someone else.
(
Lehigh County News - April 4, 2012)
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