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Press Release
October 22, 2001
Equine Protection Network, Inc.
Contact: 570-345-6440

Press Releases

October 22, 2001

Convictions in New Holland Court
More Outcomes in New Holland Court
Story of Color Me Truly
Mayer Convicted in Northampton County on 24 Counts of Cruelty to Animals-
Judge Returns Horses to Mayer

Convictions in New Holland, PA District Court:

Judge 'Throws the Book' at DE Dealer/Hauler

New Holland, PA- District Justice Rodney Hartman "threw the book" at James Barbine of Delaware, on Thursday October 18, 2001 in New Holland District Court. The EPN applauds Judge Hartman for imposing the maximum fine again on another convicted defendant.

Judge Hartman fined Mr. Barbine the maximum fine of $750.00 on each count, 5511(d) and 5511(e)plus court costs for a total of $1586.00. In addition he imposed 90 days probation for each count, for a total of 180 days probation. The PA SPCA brought charges against Mr. Barbine in July 2001 for transporting and offerring for sale a TB gelding transported from Delaware Park racetrack in DE in June 2001.

Previously in May 2000 the EPN reported on charges pending against Mr. Barbine involving a severely foundered pony mule. The New Holland Police Department, NHPD, filed charges against Mr. Barbine after being called to the New Holland Sales Stables on April 24, 2000. A severely foundered mule had been transported to the sale from DE in violation of the PA cruelty law.The mule was put down by the vet at the New Holland Sales Stables.

As reported previously by the EPN, on June 13, 2000, James Barbine, Wilmington, DE pled guilty to one count of cruelty to animals, Title 18, Section 5511(e) in New Holland Town Court in front of District Justice Rodney Hartman and paid $125.50 in fines and court costs.

At the time of this incident involving the pony mule, the NHPD & Dr. Holt were reluctant at first to take action. Fortunately for all involved the PA State Police stepped in and charges were filed. Mr. Barbine's previous conviction in Judge Hartman's court came back to haunt Mr. Barbine at sentencing time.

The only thing missing was Mr. Barbine himself, Judge Hartman found him guilty in abstentia.

Story of Color Me Truly

Back in 1993 there was a TB mare named Color Me Truly, a granddaughter of Bold Ruler. She won close to $20,000. On Nov 3,1993 at the age of 5 she broke down in the fourth race at Delaware Park. On November 8th, 1993 she was sold at the New Holland Sales Stables for $400.00 to Am Fram. She was purchased for $450.00 from the "killers" & saved from a ride on their double decker cattle trailer waiting outside.

The vet who recommended and who performed the euthanasia stated it was the worst suspensory ligament injury she had ever seen.

The trainer, the president of Delaware Park and others were contacted by polite letters regarding the shipment and sale of this mare. The response from the Delaware Park Horsemen's Association was in part,

"Euthanasia is available to any trainer or owner who wishes to take advantage of the process. As this is a free society we cannot force anyone to take advantage of this service, although it is offered on site by our veterinarians."

In 1993 it was illegal in PA to offer this mare for sale. The people who were fighting back then for improvements at New Holland and for enforcement of Title 18, 5511(d) & (e)will be glad to hear that Mr. Barbine was held accountable for hip #603, a TB racehorse with a severe suspensory apparatus injury shipped from Delaware Park. The same injury that ended the career and life of Color Me Truly.

Color Me Truly's abuser was never brought to justice.

Hip # 603 got justice yesterday in New Holland District Court.

Thank you Judge Hartman.

Note: Mr. Barbine has filed an appeal in the Lancaster County Court of Common Pleas.

More Outcomes in New Holland Court

On October 12, 2001 Bruno Balluchi, Harrisburg, PA entered a plea of "nolo contendre"* in front of District Justice Rodney Hartman. In an agreement with the PA SPCA, Mr. Balluchi agreed to pay a fine of $400.00 and restitution to the PA SPCA for the cost of euthanising a TB gelding offered for sale in June 2001 at the New Holland Sales Stables in violation of Title 18, Section 5511(d). In a related case, the hauler, Craig Coleflesh, Grantville, PA , was found guilty of 5511(e) on September 12, 2001 by Judge Hartman and was fined $200.00 plus court costs. The PA SPCA filed the charges against Mr. Coleflesh in July 2001. Mr. Coleflesh was found guilty of transporting a horse in a cruel and inhumane manner to the New Holland Sales Stables. Dr. Holt testified to the condition of the TB horse.

* Definition of Nolo Contendre- A plea of "no contest". A no contest plea may be used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow upon the heels of a criminal conviction.

Definition Source: Criminal Justice Today Schmalleger

The EPN has maintained for years that the law was being broken at the New Holland Sales Stables, that law enforcement was not doing their job & that this law, Title 18, Section 5511, (c),(d) & (e) could be successfully prosecuted. Successful prosecutions by the PA State Police, New Holland Police Department, Large Animal Protection Society & PA SPCA have proven our position to be correct. The EPN applauds all of these organizations for their efforts to enforce this law.

Judge Barner Finds Mayer Guilty of 24 Counts of Cruelty-
Orders Return of 22 Horses

The cruelty hearing against Lower Nazareth Township stable owner Joe Mayer came to an end on October 17, 2001. The Northampton County SPCA seized 31 animals, including 22 equines on February 2nd of this year. Mayer, 50, was charged with 39 counts of cruelty to animals, Title 18, Section 5511(c). District Justice Joseph Barner of Lower Nazareth Township is hearing the case which started on June 7, resumed on July 12 and again on August 22, 2001. Barner heard additional testimony, including more from Mayer, on Oct. 8 2001.

District Justice Joseph Barner issued 24 guilty convictions and fined Mayer $1200.00, the minimum fine of $50.00 on each count, plus $125.00 in court costs. Mayer was also ordered to pay restitution to the Northampton County SPCA for the cost of caring for the animals he was found guilty of neglecting. The maximum fine is $750.00 and 90 days in jail.

The animals were in foster care for 8 1/2 months. All of the animals seized by the Northampton County SPCA were ordered returned to Mr. Mayer.

Many of the equines seized were scored a "1", "2" or "3" on the Henneke Body Scoring Condition Chart by an equine veterinarian. The Henneke Chart scores horses on a scale of 1 to 9. 1 being emaciated with no body fat, 5 being considered ideal & a 9 being obese.

If you wish to express your opinion to Judge Barner regarding his ruling:

District Justice Joseph K. Barner, Trolley Station Mall, 224 Nazareth Pk, Suite 18A,Bethlehem PA 18020-9498, Telephone 610-746-9740.


Related Stories

Cruelty Complaints Filed at New Holland PA
PA State Police Enforce Cruelty Law at New Holland Auction

PA Anti-Cruelty Law, Title 18, Section 5511