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Judge orders return of horses to Sewickley farm
But prosecutors said they were considering an appeal, and groups of animal lovers from southwestern Pennsylvania are circulating petitions asking Gov. Ed Rendell for help.
"We're pleased. We think it's a fair ruling," attorney John Bumbaugh said after Judge William J. Ober ruled that any animals "not suffering from debility, disease or lameness" be returned to a farm Painter is leasing in Sewickley Township.
The horses, which are being cared for at various facilities in Pennsylvania, Ohio and West Virginia, were impounded in April when Painter was cited with 35 summary violations of cruelty to animals.
Those charges are pending before North Huntingdon District Justice Douglas Weimer. A trial date on the animal cruelty charges is set for July 24 before Weimer.
Ober also ordered the commonwealth to provide Painter with the locations and addresses where animals unable to be transported because of their condition are stabled or housed. Painter and a veterinarian will be given access to them to assess their care and condition, the judge said.
Humane officers who have battled with Painter over the horses were shaken by Ober's ruling.
"Talk to the lawyers. I just don't understand it," said Kathy Hecker, humane officer for Action for Animals.
Assistant District Attorney Michael A. Pacek and attorney Bernard P. Matthews Jr., counsel for Action for Animals, said they are considering an appeal.
Pacek told Ober that the horses' return to health "is a work in progress" and that they "are not healthy yet."
Matthews argued that the horses must be preserved as evidence for the upcoming trial before Weimer.
But Bumbaugh argued that Painter's livelihood is his horses.
"These are thoroughbred race horses, your honor, not a barnyard pet. This is not a case where a lady has 60 cats in her house," he said.
Between 15 and 20 of Painter's horses died after eating hay infected with botulism, which can result from improper drying, humane officers said. Painter said outside the courtroom that he bought the hay last year because of the drought.
"I ate that hay, and I didn't get sick," he said.
He said he saw photographs of five of his horses and "they look healthy, they look great."
Ober's order prohibits any animals from being destroyed, gelded or otherwise debilitated pending a full hearing. It also bars Painter from selling or disposing of any of them.
The ruling infuriated animal lovers like Faith Bjalobok, of Peters Township, Washington County. She said hundreds of people are supporting Painter's horses, making available both food and quarter, and money.
"This is not right and it's not fair," Bjalobok said. "Those animals have a right to be protected. If this were Washington County, that guy would not get them back."
The petitions she and others are circulating ask the governor to see that the laws on animal abuse are upheld.
Bjalobok has 14 horses, two ponies, ducks and geese, and dogs and cats. "I work two jobs to support the animals," she said.
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