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Animal neglect jury trial begins

NEW ULM — A three-day jury trial for two Sleepy Eye women facing 18 misdemeanor counts each for animal mistreatment and deprivation of food and shelter began in Brown County District Court Wednesday.

Cassey L. Mertz, 33, and Corrine Mertz, 61, of rural Sleepy Eye were each charged on April 24, 2018, with 18 misdemeanor counts of mistreating animals-torture and deprivation of food, allegedly involving five horses and four ponies.

Jury selection took most of Wednesday. At one point due to lack of jurors, Brown County Sheriff’s Office deputies were asked to find jurors among county courthouse staff. Several county employees were added to the juror list but they were not selected to the four-man, two-woman jury.

The jury trial began in earnest with opening arguments and one witness testifying late Wednesday afternoon.

“That’s the first time this has ever happened for me. I thought looking for volunteers would be faster than recalling other jurors,” said Brown County District Judge Robert Docherty.

“This case is about responsibility for maintaining a standard of care that the Mertzes did not provide for their horses,” said Deputy Brown County Attorney Jill M. Jensen.

“Witnesses saud they did not seen hay at the Mertz farm for months,” Jensen said. “You’ll hear from veterinarians about emaciated horses that had not eaten in weeks. A horse rescue site owner will talk about how the horses’ condition significantly improved after they were transported there.”

“You wouldn’t care for a dog, cat or horse this way,” Jensen added.

Cassey Mertz’ attorney, James J. Kuettner of Mankato, said the Mertzes followed their veterinarian’s orders the whole time they had the horses.

“You’ll hear the opinion of a lay person who said she didn’t see hay by the horses,” Kuettner said. “Then a deputy came out and looked at them but he’s not a ‘horse’ person. Other deputies came out later expecting to take the horses away. Were the horses neglected to a source of pain? We’ll talk about neglect with pain. Did the Mertzes’ lack of care cause pain?”

Kuettner said a lean horse is not unhealthy.

“Look at the horse photos and listen to all testimony. Were the horses thin? Sure. Starving? In pain? No food, water or shelter?” Kuettner asked. “There was a stream nearby for the horses to use. Some hay got moldy. It was a late spring.”

Kuettner said if you let them, horses will eat all day, every day.

“There is never enough hay for a horse, a horse would tell you,” Kuettner said. “One of the horses died a few weeks ago of cholera due to parasites. It was old, but still healthy, even after a seizure.”

Kuettner said the Mertzes had a plan for their horses, but that animal neglect is no plan.

“The State thought the horses were too thin and took them several hundred miles in a trailer to a horse rescue site,” Kuettner said. “The horses looked droopy after the long trailer ride. Is that criminal? I don’t think so.”

Gwen Hillesheim, who said she lived a couple of miles from the Mertzes, said she often saw the horses as she drove to work each day.

“There was no food around them for a long time. No hay for months,” Hillesheim said. “They looked skinnier than normal horses. I talked to a friend about it and signed a statement for law enforcement.”

Hillesheim said she didn’t talk to the Mertzes about the horses because she feared retaliation.

“I never saw animals skinny like that. I don’t like seeing animals looking like that,” Hillesheim said.

The jury trial continues at 9 a.m. today.

Fritz Busch can be emailed at fbusch@nujournal.com.

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