“If I am guilty of animal cruelty, then everyone is,”

A good attorney and family support is needed to fight these outrageous cruelty charges-Basically she got a slap on the hand, and gets her 52 horses back…But that’s not the end of it-far from it as a civil suit has been filed…YAY!!!

“Legal papers filed in Hoskins’ suit detail 90 specific complaints, including fraud, defamation, trespassing, abuse of the civil process, emotional distress and numerous others. She is seeking awards and judgments against the defendants totaling more than $2 billion, plus an additional $1 million per day from March 18 of this year, when she filed the suit, through the date of judgment and what the court may decide is appropriate.”

All eyes on this case this week for sure!!

http://www.buffalonews.com/20130514/hoskins_seeks_2_billion_in_lawsuit_over_her_horses.html

Hoskins seeks $2 billion in lawsuit over her horses

Three years after the SPCA raided her Morgan horse farm for alleged animal cruelty – and nearly a year into her ongoing criminal trial in the matter – Beth Lynne Hoskins has filed a civil lawsuit seeking more than $2 billion against an array of people involved in the case.

The Aurora horse farm owner filed notice of the action in State Supreme Court, through one of her attorneys, John P. Bartolomei of Niagara Falls.

The suit names the SPCA Serving Erie County and a number of its staff, including Executive Director Barbara S. Carr, veterinarians who were involved in the case, one of the prosecutors in the criminal trial and Assistant District Attorney Matthew A. Albert, among others. In total, the agency and 18 people are named.

Hoskins is in the midst of a nonjury criminal trial that began last May on 74 misdemeanor counts of animal cruelty stemming from the March 18, 2010, raid.

Legal papers filed in Hoskins’ suit detail 90 specific complaints, including fraud, defamation, trespassing, abuse of the civil process, emotional distress and numerous others. She is seeking awards and judgments against the defendants totaling more than $2 billion, plus an additional $1 million per day from March 18 of this year, when she filed the suit, through the date of judgment and what the court may decide is appropriate.

In an interview Tuesday about the civil litigation, Hoskins was adamant that the three-year saga has amounted to what she termed “very illegal” actions.

“It was a premeditated setup. It was a likely extortion attempt where the SPCA lied 27 times to Justice Marky to get the warrant,” Hoskins said, referring to Aurora Town Justice Douglas Marky, who is overseeing the nonjury criminal trial.

“The SPCA has broken every rule in the book since … This follows a national template of abuse where these types of agencies don’t have normal checks and balances, like police agencies.”

Carr declined to comment on the civil action when contacted Tuesday by The Buffalo News. SPCA attorney Alan Donatelli did not return phone calls seeking comment.

However, Carr said Hoskins owes the agency close to $170,000 in back payments since last fall toward care the agency is providing to some of her horses that remain at foster farms.

Hoskins has paid the agency $304,000 since December 2010 for care for her horses, Carr said.

Hoskins on Tuesday said the court papers – the latest of several civil actions in the case – were filed March 18, marking the third anniversary of the SPCA raid at her Emery Road farm. She said an SPCA officer told her the day of the raid that if she surrendered all of her animals that day, she would not be charged. “I looked at her, and said, ‘No,’ ” Hoskins recalled. She also said she refused to provide them with registration papers on her horses.

“I wouldn’t wish this on my worst enemy. If I am guilty of animal cruelty, then everyone is,” Hoskins said. “There is absolutely no standard here that applies.”

Asked about the amount she is seeking from the defendants, Hoskins declined to comment and referred those questions to her attorney.

“You have to ask John about this amount. John Bartolomei came up with the amount, independent of me,” she said.

Bartolomei did not return phone calls Tuesday seeking his comment.

Hoskins lamented the amount she has spent to date on the case. She said she has paid $320,000 in horse care bond money to the SPCA, $16,000 more than the agency says it has received. She also said she and her family have spent three-quarters of a million dollars in legal fees. She also noted that three of her horses have died under the agency’s care.

“Plus, my life has been ruined by lies. And I’ll never, ever, ever get my reputation back,” Hoskins said. “I want justice, and that’s what I’ve been trying to get.”

_________________________________________

The WIN!!!

http://www.buffalonews.com/feed/hoskins-gets-probation-fine-for-animal-cruelty-but-is-allowed-to-keep-52-of-her-horses-20131031

Hoskins gets probation, fine for animal cruelty but is allowed to keep 52 of her horses

Beth Lynne Hoskins has been spared jail and her Morgan horses – 52 of which she was convicted of abusing – will not be forfeited and auctioned off.

Aurora Town Justice Douglas W. Marky on Thursday sentenced the wealthy horsewoman to three years of probation, including 500 hours of community service, and fined her $52,410 on the misdemeanor animal cruelty charges.

The sentence fell far short of what the Erie County District Attorney’s Office had been seeking – two years in jail and the loss of her horses.

While Hoskins will be allowed to keep her horses, she must have one worker for every 15 horses. The judge also stipulated that she must live in Erie County and cannot leave Western New York without permission.

The judge’s probation sentence, containing 14 stipulations in all, also insists she obey all orders of the State Supreme Court justice presiding over the civil case that has stretched for more than three years and is continuing between Hoskins and the SPCA Serving Erie County.

Hoskins’ attorney, Thomas J. Eoannou, was ecstatic with the outcome.

“We came in here asking for no jail and no forfeiture of horses, and that’s what we got,” he said after the sentencing, also noting the Hoskins now could go out and buy more horses.

Hoskins’ mother, Susan Hoskins, seemed relieved afterward, noting that her daughter had just gotten in over her head with her horses. “What happened is probably one of the best things that could have happened, because she’s learned a great deal through this and some hard lessons. It’s upset Mommy and Daddy. She’s grown a whole lot and I’m proud of her.”

Officials from the SPCA, which raided Hoskins’ farm three years ago and seized 73 horses, were disappointed in the sentencing.

“The only thing I’m concerned about is this case has put us in a position of using our funds to take care of Ms. Hoskins’ horses,” said Barbara Carr, SPCA executive director. “She’s visited her horses [cared for by the SPCA] twice in three years and owes us $1.3 million … I was really hopeful we’d leave here and we’d know the fate of these horses.”

Details of Marky’s sentence came about an hour after prosecutor Michael Drmacich and Eoannou argued passionately in their sentencing recommendations to the judge in a courtroom that overflowed into the hallway with onlookers well before court proceedings even began.

Drmacich insisted Hoskins, 46, belonged behind bars for the maximum two years that was allowed by law, based on the number of convictions, the nature of the crimes and that she has “shown absolutely no remorse for committing these crimes.”

“She stands before the court as the most prolific animal abuser in modern history in Erie County,” Drmacich said. “I personally, in 26 years as a prosecutor, have not seen a defendant convicted of 52 crimes who has not seen jail.”

He detailed the squalor he said the horses were living in, their malnourished condition and the lack of adequate veterinary and ferrier care.

By contrast, Hoskins’ attorney lobbied for her to have community service, saying she and her family had suffered enough and noting she should be able to get back to the business of being a mother to her 9-year-old daughter, Alexandria Joy, and taking care of horses. He also noted her clean record, saying she hasn’t even had a parking ticket.

“Beth doesn’t belong in jail,” Eoannou said, adding that she doesn’t have “a malicious bone in her body to harm a horse.”

Eoannou also noted that animals have been a big part of Hoskins’ life since childhood and that she’s more than capable of running a beautiful farm. He also went out of his way to emphasize dynamics of her life with her daughter, whom she home schools.

“She’s the sole caretaker of Alex and a domestic violence survivor,” Eoannou said. “She’s a beautiful kid. And it’s a real testament to Beth.”

It was Hoskins’ very love of horses that ended up leading her into the trouble in which she found herself, he said.

“Because of Beth’s love for horses, she took in too many horses and couldn’t secure enough care,” Eoannou said. “That farm went from impeccable to leaving a lot to be desired.”

Hoskins, dressed in a taupe-colored sweater and skirt, listened intently in court and looked at Drmacich as he criticized her. She didn’t flinch throughout nearly two hours in court, sitting calmly with her reading glasses on. Friends and her parents, John and Susan Hoskins, and brother John Jr., sat directly behind her in the courtroom.

But before Marky announced his decision – which was far more lenient than what District Attorney Frank A. Sedita and the Erie Count Probation Department wanted – Hoskins made her own plea to the judge for 10 minutes, which included holding up a handwritten note from her daughter to Marky, pleading for her mother not to go to jail and for their lives to return to normal.

As she read her statement, she broke down in tears at times.

“Please do not send me to jail. Please do not forfeit any horses. Allow us to rebuild our lives and try to move forward,” Hoskins begged Marky. “We have lost our privacy and joy in the last four years that we will never get back,” she said through tears.

“Much has been made about my lack of remorse … Nothing could be further” from the truth, Hoskins said, noting it’s been the opposite and she daily deals with regret, sorrow and abject fear. “I did not perform animal cruelty acts. I did not like the conditions at the farm, but they were not a crime. For that, I take responsibility and am sorry.”

Hoskins acknowledged the conditions at her farm “were less than ideal.” “My horses are so precious to me, as most people treasure their children,” she said. “There is nothing or no one more important to me in this world than my daughter, Alexandria.”

Hoskins said she just obtained a temporary order of protection this week through another judge for herself and her daughter. “It has been an unending nightmare I never would have dreamed of,” she said. She read her daughter’s note to Marky out loud in court, saying she wrote that she loves her mother and how they love their animals and want them back.

The Erie County Probation Department’s pre-sentencing investigation report suggested jail time. Hoskins could have faced a maximum of two years in jail, fines, probation, a conditional discharge or combination of some of those options.

Marky said he typically follows a probation department recommendation, but noted that prior inspections at her farm in the years preceding the SPCA’s March 18, 2010 raid were favorable, despite a series of complaints. In explaining his sentencing decision, he noted Hoskins has no criminal record. “I do believe the defendant loves her animals,” he said.

Marky was direct with Hoskins. “Nobody made you take all those horses in,” he said. “Testimony at the trial indicated that all was fine until something happened.”

Marky said he intentionally did not sentence Hoskins to jail “at this time.” But he also said he needs to be assured that the horses are properly cared for, regardless of how many she owns.

________________________________

Yet in Texas, they give the animals away BEFORE any criminal trial has taken place-the animals taken with an illegal unconstitutional general warrant “ALL ANIMAL ALIVE DEAD AND UNBORN”. The law addresses that they can take only “an” animal and “the” animal and there must be a criminal conviction to keep the animals…on reviewing many Texas warrants, the affidavits LACK probable cause…Hell I know of at least one not signed by any judge!!! When an animal owner is accused there is the assumption that the owners are guilty-OF WHAT?!? Obviously, a VICIOUS ATTACK on animal owners does NOT justify the taking!!!

“When was the trial -they had TWO YEARS to file criminal charges and they didn’t so there was no criminal conviction!”

The law states that without that conviction they are to return the animals…SO, where are the animals and why weren’t they returned?!? Why isn’t a FEDERAL COURT upholding these laws?!? Something stinks in Marshall, Texas and a bigger STINK coming from Marion County, Texas The story to be revealed…all the way to District and Federal courts…

Is this case in Texas singular-NO-far from it!!!…with a Sherman Federal Court attempting to block an appeal-From a case that should have been heard without question!!! ANIMALS TAKEN WITH ILLEGAL GENERAL WARRANTS!!! These are NOT petty lawsuits that should be dismissed so easily!!! In both cases the only ones who benefited were the Not for Profits who made off with the animals-the government had no interest in these cases-Citizens are to be protected from abuse of the law.

note-in Marion County non-lawyer Justice of the Peace Lex Jones is not allowed to hear cases of Class A misdemeanor or cases involving property greater than $10,000.00-They never levied the property before the taking…

TX code 26.258 prevents non-lawyer County Judge Phil Parker from hearing civil case where the Marion County case was appealed-it was a civil appeal and the animals should have been returned…

BOTH of the Marion County judges lacked jurisdiction -therefore their judgments are VOID!!! There should have been no hearing when the warrant was completely illegal. Citizens are to be protected and guaranteed that protection by the Fourth Amendment.

Hopkins County cruelty case was an unconstitutional general warrant taking 52 horses…The horses were awarded to the Not for Profits…a judge hearing the criminal case has preference to family law and no jurisdiction to hear the case-The owner was jailed and the horses gone-Again, the government had no interest in this case. The horses were never returned although found guilty (with a void judgment) of only 2 counts of cruelty-Where are those horses now?!?

So where is the justice that is supposed to protect citizens from being victimized by these Not for Profits, the abuse of the law and the judicial system when the Federal Courts (5th Circuit) are not allowing these cases of clear abuse of US citizens over their property, are not allowing these cases to proceed and forcing animal owners to appeal these cases…unable to proceed with their lives.

A third case is now front and center in East Texas-The Dallas SPCA went on private property with an unsigned illegal general warrant and went on a killing spree-The owner charged with animal cruelty-No shame from the court for the unlawful and abusive process where her children saw all of it-

Seems to me and to others they need to be held accountable and the legislators MUST repeal a law that is clearly unconstitutional. The Texas Animal Cruelty Law is unconstitutional and needs to be repealed!!!

https://topcatsroar.wordpress.com/message-from-from-lady-liberty-animal-owners-for-justice/

Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…Stay tuned -B

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~ by topcatsroar on November 3, 2013.

5 Responses to ““If I am guilty of animal cruelty, then everyone is,””

  1. And which case was that where the woman cop scrawled out a so-called “warrant” in her squad car, missing half the information that’s supposed to be on it, no judge’s signature, and actually used that piece of paper to confiscate animals? Did THAT scrap of paper ever get tossed out? I bet not! Plus, now a district judge has allowed media to trespass on private property and claim it’s part of their First Amendment rights to gather news…

    • So, now anyone can trespass on your property if they are concerned with a community issue…and the lawyers are still trying to tell the judge what the case is and speaking on behalf of pro se litigants that accused his client-What is Rolston doing on the bench if he can’t read the documents and see for himself?!?

  2. […] UPDATE: https://topcatsroar.wordpress.com/2013/11/03/if-i-am-guilty-of-animal-cruelty-then-everyone-is/ […]

  3. The ones most guilty of abuse of animals are the ones taking the animals from their rightful owners! I am so sick of these RAIDS and so called rescues screwing over people! I am glad this woman got off so lightly in the courts@!

    • Looks to me she shouldn’t have been charged in the first place-The ONLY one interested in those animals was the one claiming ‘rescue’; the government certainly has no interest in it accept maybe for a prosecutor to impress his girlfriend and start up their affair once again…ya think?!?

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