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BROWN COUNTY -- Testimony concluded Wednesday in a Brown County District Court civil case involving the owner of a rural Sleepy Eye farm where the owner voluntarily surrendered seven horses, three donkeys and a pony to the Minnesota Hooved Animal Rescue Foundation in Zimmerman on Nov. 23.
Mankato defense attorney James J. Kuettner wanted to submit an oral argument at Wednesday's evidentiary hearing, but Deputy Brown County Attorney Andrea Lieser requested a briefing schedule and didn't want to start winding up the case just yet.
"Your Honor, we have 10 body cam videos and arguments to be made. There are extensive legal arguments and a plethora of facts to be flushed out," Lieser said.
Kuettner agreed to submit a written argument by Monday, Jan. 4. Lieser agreed to do so by Jan. 11.
Judge Robert Docherty took the case under advisement with interim briefs due.
According to court documents, Candi Lamarr, 43, 26731 315th Avenue, Sleepy Eye, voluntarily relinquished all ownership, privileges, rights and title of the animals to the animal rescue foundation on Nov. 23.
The animals were removed from the Lamarr farm because they were malnourished, undernourished, and lacking adequate feed, according to an animal notice of seizure citing Mn Animal Law Chapter 343 Prevention of Cruelty to Animals filed in Brown County District Court Dec. 1.
The investigation began as an allegation of neglect of some equines (horses, donkeys) at the property. During a search warrant execution, Lemarr signed a release that Brown County alleges transfers horse and pony ownership. Lemarr requested a hearing to address losing the horses and donkeys and request their return.
Brown County Sheriff's Office Investigator Jeremy Reed accompanied Doctor of Veterinary Medicine Nancy Peterson after obtaining a search warrant to allow their presence on the farm. Lemarr showed Peterson, Reed and deputies the farm and animals living on it.
Peterson viewed each of the disputed horses, ponys and donkeys, assessing each Henneke Body Condition Sale (BCS) scores. The BCS rates living animals from 1-9. A score of 1 is generally a starving and emaciated animals. A score of 9 suggests a grossly overweight animal.
Peterson rated four of the animals with a BCS score of 4, two at 2 1/2, three at 2 1/4 and two at 2.
"It is not clear why the animals rated 4 were seized, as it is generally undisputed that a 4 is, all other conditions a healthy animal," read a memo in support of Lemarr's request filed Dec. 8.
After inspecting the property, Reed asked Lemarr to join him in his squad vehicle where he presented a form that allowed her to choose whether to surrender the equines, request a hearing on the impoundment of the animals or post security in an amount sufficient to provide for the animals costs of care of keeping, within 10 days of animal impoundment.
"You should have way more feed out there than you do," Reed said to Lemarr in a body cam video that was played in the hearing broadcast on Zoom.
"We buy feed. We have suppliers that bring it in. We move it around. We feed them twice a day," said Lemarr.
"For the number of animals here, I don't think they're getting fed enough," Reed said.
Lemarr testified that she needed the horses for her riding program for 21 kids, 18 of which qualified for a national show.
Kuettner's memo read that "Lemarr did not voluntarily surrender her animals. Rather, she was coerced into doing so by Brown County deputies and Peterson."
According to court documents, Minnesota statutes authorize authorities to investigate any alleged animal cruelty law violation and it is the duty of officers to take possession of any animals in their respective jurisdictions which have been cruelly treated, and deliver them to proper officers of the county or district for custody and care.
Fritz Busch can be emailed at fbusch@nujournal.com.