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Case ID: 11704

Classification: Neglect / Abandonment

Animal: horse

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Attorneys/Judges

Prosecutor(s):	Teresa Murray Smith
Judge(s):	Klyne Lauderback

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Case #11704 Rating: 2.9 out of 5

Horse neglect
Bristol, TN (US)

Incident Date: Sunday, Apr 1, 2007
County: Sullivan

Charges: Misdemeanor
Disposition: Convicted
Case Images: 3 files available

Defendant/Suspect: Karen L. Harlan

Case Updates: 5 update(s) available

One of the horses involved in a Blountville cruelty case is the great-grandson of Secretariat, believed by many to be the greatest race horse that ever lived.

Sullivan County Assistant District Attorney Teresa Murray Smith said Horse Haven of Tennessee volunteers told investigators that one of the five sickest horses they are treating in Knoxville bears a tattoo on the inside of his lip. The tattoo indicates the horse is the thoroughbred Rainaway, a descendant of the 1973 Triple Crown winner.

Nina Margetson, executive director of Horse Haven of Tennessee, confirmed Tuesday that one of Secretariat�s descendants is among the horses the group has in its care.

On Tuesday, Karen Harlan, 47, of 825 Wilson Ave., in Bristol Tennessee, appeared in Bristol General Sessions Court on 15 counts of cruelty to animals and one worthless check charge. But her case was reset after her attorney, Andrew Gibbons, said she wants to go to trial.

According to investigators, Harlan�s horses went with little food and water for months. Last week, Rainaway, who has a white star on its forehead, appeared to be one of the animals in the worst shape. He kept his head down and was scarred and extremely thin.

Attorneys for both the defense and prosecution said they need time to subpoena witnesses.

Smith, who said she will have to summon witnesses from Horse Haven, asked Judge Bill Watson to increase Harlan�s bond to cover the cost of feeding the 20 horses.

"I�m not a horse man, but I�ve heard it costs about $100 a month per horse. Is that right?" Watson asked.

Smith confirmed the amount.

Watson raised Harlan�s bond by $4,000 to a total of $19,000.

Gibbons argued against the increase and asked that any restitution be added if his client is convicted, but Watson denied that request.

Gibbons said earlier that Harlan�s father was working to get his daughter out of jail on a property bond, but by late afternoon she was still in the county detention center.

No one knows just how long Harlan owned Rainaway, but animal control investigators said they seized him and 19 other horses from her last week after finding them in such poor health that some were in danger of dying.

Rainaway, who had dropped out of sight until last week, had his own decent racing record.

According to John Cooney, communications supervisor for The Jockey Club, the breed registry for all thoroughbreds in North America, Rainaway is the son of Summer Squall and Ms. Eloise and was born in April 1994. Secretariat, the horse�s great-grandfather, is one of only 11 horses to win the Triple Crown � the Kentucky Derby, the Preakness Stakes and the Belmont Stakes.

Rainaway began racing in 1997 at age 3 at Thistledown near Cleveland, Ohio, and retired when he was 6 in 2000.

He had 31 starts, five first-place wins, six second-place finishes and five third-place finishes with a total of $90,933 in lifetime winnings.

Now, the 13-year-old gelding is fighting for his life, a mere shell of his former self.

Harlan�s case is now scheduled for July 31. If convicted, she faces up to one year in jail on each charge.

The four other horses that were in the worst shape are fairing well.

"They�re all holding their own, we�re keeping our fingers crossed," said Margetson.

She said the horses could still develop colic or other health problems.

Case Updates

Boyd and Heather Smith might have had $35,000 in the bank by now � a college nest egg for their four young children � except that an unexpected, drawn-out legal process has nearly bankrupted them.

An animal cruelty case last year left the Blountville, Tenn., couple caring for horses that were essentially evidence. And after a conviction in the case, the couple was left continuing to care for the horses. They said the situation and other factors have caused the young family to do everything they can merely to survive financially.

�We have to leave [our home] so we can be a family again,� Boyd Smith said Sunday, adding that his family does not currently live together.

Boyd and Heather Smith are the owners of B&H Stables in Blountville � the farm made infamous last year when 19 nearly-dead horses were rescued from its front field.

The horses were owned by Karen Harlan of Bristol, Tenn., who rented a portion of the Smiths� land in February 2007, and who Boyd Smith said stopped caring for the animals and paying board a short time later.

The horses� condition declined as winter dragged into summer and a crippling drought parched the region. Boyd Smith said that by June, Harlan�s horses were malnourished to the point she could be prosecuted for cruelty.

In October, Harlan, 47, was convicted on 15 counts of animal cruelty and ordered to spend 90 days in jail. The court relinquished her ownership of the animals and in addition, she was prohibited from owning another domestic animal for a period of time after, Boyd Smith said.

Court officials talked about implementing a surety bond of $2,000 per month on Harlan to help pay for feeding costs for the horses while the case was pending. However, the Smiths said they never received any money.

Animals in the most dire conditions were taken to University of Tennessee and given urgent medical care. Another portion were taken to Horse Haven, a Knoxville horse rescue farm, and nursed back to health. The final six were orphaned at the Smiths� stable.

The horses flourished after being rescued, Boyd Smith said, but those at B&H belonged to no one. The court ruling did not designate a rightful owner for the remaining six.

In the 15 months since, they�ve remained at B&H with Boyd and Heather Smith, who, not being the legal owners, were unable to sell them and were forced by default to foot the bill for their care.

�It ruined our boarding facility. We never even had a chance to get going,� said Boyd Smith. �When [Karen Harlan] first came it was a godsend. She agreed to pay $1,500 a month. She paid $400. That was all we ever got.�

Now, Buck, Jellybean and Major, to name a few, spend their days in care of Boyd and Heather Smith, who said they have in spent tens of thousands of dollars on their care.

�It wasn�t about the money,� Heather Smith said. �It was about the horses, their lives and their health.�

Boyd Smith lost his job around the same time Harlan brought her horses to his stable, he said, and was not able to find another job that could support both his family and their pets. He took a job in Nashville and has been commuting every week to work since, he said.

While her husband is away working during the week, Heather Smith said, she spends more than two hours every morning cleaning stalls, hauling muck, feeding and watering the horses. Then, she said, she goes inside and takes care of her kids � all four 10 and younger � cleaning house, ferrying the kids to and from various activities and cooking dinner before she heads back outside for two more hours of evening equine care.

�I couldn�t afford to buy sawdust in the winter, so I was driving to mills and shoveling it into my truck to bring back for bedding,� she said. �It was so cold in the winter � my hands would crack and bleed.�

Earlier this month, a judge awarded the Smiths an $18,000 judgment, ordering that the Smith family be reimbursed for some of the costs. However, the decision likely will be challenged, she said, and her family cannot afford to continue paying for the animals� care.

The Smiths say they�ve been forced to sell their home and are moving to Nashville at week�s end to live together again as a family. Until a few weeks ago, they didn�t know what to do with the horses.

Necessity forced them to make a decision, Heather Smith said, and they recently agreed to relinquish the $18,000 decision in exchange for legal ownership of the now-thriving animals. As of Monday, they have two days to sell each horse.

In the rash of last minute scrambling � which includes the $18,000 barter � the Smiths will hold an auction at their home on Tuesday night. Each healthy, happy horse will be auctioned, she said, as well as a four-horse trailer and loads of tack and equipment.

�We have nothing left. This is what we have to do to move. We�re hoping and praying that they all get good, loving homes,� she said.

Source: Tricities.Com - July 28, 2008
Update posted on Jul 28, 2008 - 3:22PM

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A Bristol woman convicted of animal cruelty for neglecting several horses that she boarded in a Blountville facility was ordered Tuesday to pay restitution to the owner for unpaid boarding fees and damages to the barn, according to a press release.

Boyd and Heather Smith, owners of B & H Stables, were awarded a judgment of $18,146.25 in a civil suit against Karen L Harlan, 47, 825 Wilson Avenue, attorney Ricky Curtis said.

The animal cruelty charges were brought against Harlan after the Smiths reported Harlan wasn't properly caring for more than 20 horses she brought to B & H Stables. The Smiths said their stables were damaged when the starving horses resorted to eating the barn wood.

Harlan surrendered 20 horses and was ordered to serve 90 days in jail after pleading guilty in october 2007 to 15 counts of animal cruelty in Bristol, Tenn. court.

A Sullivan County Chancery Court judge ruled that six of Harlan's horses that remain on the Smiths' property are to be sold at auction in order to make restitution to the Smiths unless they and Harlan come to an agreement on an alternative method of placing the horses.

Source: Timesnews - July 15, 2008
Update posted on Jul 15, 2008 - 11:12PM

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A Bristol woman pleaded guilty to 15 counts of animal cruelty after an investigation into complaints about the condition of her horses.

Karen L. Harlan, 47, of 825 Wilson Avenue, Bristol, Tenn. entered guilty pleas Friday in Bristol, Tenn., court.

Harlan was arrested June 27 when Sullivan County Sheriff's Office Animal Control officers seized her horses after a joint investigation with Sullivan County Extension Agent Chris Ramsey tracked the horses' deteriorating conditions.

Eight concurrent sentences and seven consecutive sentences of 11 months and 29 days each have been suspended, Assistant District Attorney Teresa Murray Smith said, and Harlan will serve only 90 days in jail as part of a plea agreement.

Conditions of the deal require Harlan to surrender ownership of all of her livestock and forbid her from ever owning, caring for or habitually being around any more livestock or other domestic animal.

She will be allowed to keep any pets she has, Smith said, with the understanding that she can't have any additional pets.

To ensure that she's following these instructions, Harlan will be subjected to random inspections at appropriate times by animal control officers for the next seven years.

Five of the 15 horses Harlan is accused of mistreating, a bay and four chestnut-colored horses, were taken to Horse Haven of Tennessee's West Knoxville facility in June to begin an "aggressive rehabilitation," according to Phil Lane, a Sullivan County Animal Control Officer.

"It's gratifying to see the condition they're in now after they've received proper care," Smith said of the horses.

HHT members have also assisted B&H Stables owner Heather Smith with care of the remaining horses.

Smith said she was initially excited when Harlan agreed to board the horses at her start-up business. But when Harlan stopped coming by to feed and water them and stopped paying the bill, that's when she filed a complaint.

Source: Times-News - Oct 5, 2007
Update posted on Oct 6, 2007 - 10:08PM

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A city woman charged with neglecting her horses appeared in court on Tuesday, only to have her case rescheduled.

Karen Harlan, 47, of 825 Wilson Ave., faces 15 counts of animal cruelty for failing to properly care for her horses, according to an affidavit filed by Sullivan County Sheriff�s Office Animal Control Officer Phil Lane.

Harlan, who was arrested June 26, made her first court appearance since posting a $19,000 property bond to be released from jail.

Harlan had previously been granted a court-appointed attorney based on her assets, but she appeared in court on Tuesday with an attorney she hired, Wes Edens.

Assistant District Attorney Teresa Murray Smith asked Judge Klyne Lauderback to implement a surety bond of $2,000 per month on Harlan to help pay for feeding costs for the horses while the case is pending.

The request is based on a new state statute that went into effect July 1 that allows humane societies to request reasonable fees to help pay for the care of animals seized in cruelty cases while the case is pending.

After Lauderback pointed out that Harlan�s horses were seized before the statute went into effect, Smith withdrew her motion.

She did indicate that she will work with the county attorney to file a forfeiture motion in the case to get the horses out of Harlan�s ownership.

The ownership may not be an issue after Harlan�s civil case in which Boyd and Heather Smith, the stable owners where Harlan boarded her horses, are suing her over months of unpaid boarding fees and damages her horses did to their barn.

A lien has been placed on the animals in the civil case.

Heather Smith had told the Herald Courier that Harlan�s horses were so hungry when Harlan failed to feed them, they ate the wood in the barn stalls.

The neglect was first documented and reported in April by Heather Smith at B&H Stables where Harlan rented a barn and pasture to keep her 19 horses.

Smith told officials and the media that Harlan�s horses looked fit and healthy in February when Harlan first brought them to her property, but in just a few weeks, Smith began to notice a difference in the animals and in the amount of hay Harlan brought to feed them.

On Lane�s first visit to Smith�s property, his assessment indicated there were concerns about the pasture conditions and supplemental feeding, but the horses were "in decent condition," he wrote in his court affidavit.

On a subsequent visit in June, Lane and Sullivan County Agricultural Extension Agent Chris Ramsey found the horses in worse condition and determined there was cause to charge Harlan with animal cruelty.

By that time, one of the mares had foaled, increasing the number to 20 horses.

Harlan was charged with 15 counts of animal cruelty because not all of the horses were in a condition to warrant a charge.

Lane seized all the horses and called Horse Haven of Tennessee, a non-profit horse rescue agency based in Knoxville, to assist with rehabilitating the horses.

At this point, all but five horses are either at the Knoxville agency receiving treatment, or have been placed in foster homes until the criminal and civil cases are resolved.

Source: TriCities.Com - Aug 1, 2007
Update posted on Aug 1, 2007 - 3:37AM

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The founder of Horse Haven of Tennessee and several agency volunteers performed a second round of evaluations Monday on 14 of 20 horses at the center of a cruelty investigation, but said it was too early to gauge the animals� progress.

Six of the horses are at the Knoxville-based horse-rescue facility, where they are being treated. The animals belong to Karen Harlan, 47, of 825 Wilson Ave., Bristol Tennessee.

She�s charged with 15 counts of animal cruelty because Sullivan County animal control officers say she failed to provide proper food, farrier services and health care.

Nina Margetson, executive director and founder of Horse Haven of Tennessee, said this is one of the largest cases of animal cruelty she has seen since she began rescue work.

It�s also received some of the harshest criticism � but Margetson has nothing but praise for Animal Control Officer Phil Lane and Sullivan County Agricultural Extension Agent Chris Ramsey.

�It took a little longer than people would have liked,� she said. �They had to make a case and they have done a super job.�

Margetson said Tennessee�s law pertaining to equine cruelty investigations was changed in 1997, and humane societies no longer had jurisdiction.

Instead, agricultural extension agents and certified livestock vets took on those responsibilities.

�County ag agents haven�t been trained in equine health,� Margetson said.

She said there�s a new state Senate bill awaiting passage to allow certified equine cruelty investigators to investigate cases.

Another key factor to this case, Margetson said, is the fact that the stable owner, Heather Smith, stepped up and called authorities about the horses� conditions.

Smith called animal control in April and officers documented the horses� conditions at that time. She contacted them again in late June and because the horses had deteriorated so badly, officers were able to press charges against Harlan. The evaluations performed Monday included height measurements, general appearance, application of an iodine solution to treat rain rot, and decisions on additional things to help improve their health.

The group also delivered hay, alfalfa cubes, salt blocks and other items for the horses.

Most of the items were donated, Margetson said, but Horse Haven has still needed to buy some items.

Donations from the public have helped offset some of those costs, she said.

�The response has been great. We�ve had donations from Virginia, North Carolina, Kentucky,� as well as Tennessee, she said.

Some people, of course, want to adopt the horses � particularly Rainaway, who has lineage to the 1973 Triple Crown winner Secretariat � but Horse Haven has no authority to adopt the horses out.

A second horse, named Riddlestar, is a grandson of Secretariat, and a stallion named I Can Like It is the grandson of Affirmed, the 1978 Triple Crown winner.

None of the horses can be adopted until after the criminal case is completed.

For one thing, the horses are evidence in a criminal proceeding and secondly, B&H Stable�s owners Heather and Boyd Smith have a civil lien on the horses for boarding fees and damages to their barn caused when the hungry horses ate the wood in the stalls.

Harlan is scheduled for a July 31 trial in Bristol General Sessions Court.

Source: TriCities.Com - July 10, 2007
Update posted on Jul 10, 2007 - 5:38AM

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Horse neglectBristol, TN (US)

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Horse neglect
Bristol, TN (US)