Appeal denied in animal cruelty case

Melissa Topey's picture
12:17 AM
Jun 25
2011
Register photo/LAURA WOOLF
Robin Vess, left, is shown during her sentencing Sept. 24, 2010, at the Ottawa County Municipal Court in Port Clinton.
Port Clinton

Robin Vess was beating a dead horse when she appealed her conviction on 42 counts of animal cruelty.

Vess, of Oak Harbor, was sentenced last year to 18 months in prison, although all but 42 days were suspended.

An Ottawa County jury found her guilty in April 2010 of multiple counts of animal cruelty for depriving her Arabian horses of food and water. Some of the horses died from starvation and dehydration.

Shortly after the conviction Vess asked the Sixth District Court of Appeals for a new trial.

She accused her attorney, Mark Davis, of failing to properly advise her when a plea deal was offered, and she also said Davis didn't rebut expert testimony by veterinarians during the trial.

Additionally, she said she should have been granted a new trial because Nancy Miller, who testified against her, allegedly claimed to have a "vendetta" against Vess.

Her jail sentence was delayed pending the outcome of the appeal.

On Friday the court of appeals judges unanimously agreed: There is no basis to try the case again.

Vess failed to prove Miller had a bias, the judges' ruling stated, and there was no indication the guilty verdict would have been avoided, even without Miller's testimony.

Ultimately, Vess failed to prove there was any misconduct in the case.

Prosecutors agreed.

"We felt like the trial was fair and properly tried," Ottawa County assistant prosecutor Andrew Bigler said. "We are pleased to see the court of appeals upheld the decision."

Vess' attorney for the appeal was Leonard Yelsky, who declined to comment because he hadn't reviewed Friday's ruling.

Before jurors convicted Vess last year, prosecutors reportedly offered her a deal in which they would dismiss 39 counts of animal cruelty if she pleaded guilty to three counts.

Vess said she turned down the offer and took her chances with the jury because Davis felt good about his ability to defend her. She also claimed Davis couldn't guarantee a specific sentence if she accepted the deal.

In the end, the move backfired.

In addition to jail time Vess was placed on five years probation.

She could continue trying to appeal the case.

If she gives up, however, the court will order her to start to serving her sentence.

Comments

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jasonhawk's picture
Aug 12, 2011
03:36 AM

jasonhawk says

life experience degree
bachelor degree program
online accredited degree
associates degree
degree programs

When people in general, and the justice system in particular, place so little value on life, is it any wonder that human life, too, has become so cheap to some?

 

CrissySnow's picture
Jun 27, 2011
01:19 AM

CrissySnow says

Here are the ONLY facts I know for sure.  These animals were in such bad condition that a Humane Society AND a rescue organization had to get involved.  If there was no abuse, neither would have been involved.  Horses don't lose that much weight and lose flesh condition quickly.  To organize a rescue of this magnitude to come in from many states away on such short notice after her backside was in a legal predicament seems to indicate a Hail Mary on Robin's part.  As in someone save my butt.  This abuse went on for a long, long, time.  This woman is guilty of animal abuse.  Period.

Had she really cared about the animals welfare, in a financial bind she could have reached out locally to all of us "backwards" folks.  The horse community here is a tight one  where breeds don't matter.  She would have had grain and hay donated, and help with placing these animals.  She chose not to.

sillycat's picture
Jun 27, 2011
07:09 PM

sillycat says

There you go with your lies again Catelynn.  Terry Figuero/ARM sued the HS to try to get the horses turned over to ARM because Robin signed them over to ARM 3 days AFTER they were seized.   As part of the agreement to avoid a trial both sides agreed not to sue the other. Guess Terry /ARM forgot to mention that while she was fundraising for legal fees on her WEBsite then filed suit (without telling her current attorney about the agreement) against the HS resulting in her owing the HS money for legal fees.  Seems Terry has some major issues with honesty.  As do you.  Now, go back to thinking about why you support an animal abuser.

Gavintoo's picture
Jun 26, 2011
12:27 PM

Gavintoo says

Let's see, Catelyn feels that the "humaners" ( is that a word?) were cruel to the horses. 12 jurors, one municipal judge and three non-hayseed city judges have decided that Robin Vess was the culprit. I'm gonna have to go with the majority on this one. It's funny how Catelyn and friends thought that the hayseed bumpkins of Ottawa County would be fooled, but that the appellate judges would vindicate their convicted animal abusing friend. Well, evidently now that their appeal was shot down all they can do is recite the same tired false rhetoric. Oh, and Shaun is not in jail although your beloved champion soon will be. Life is good as a hayseed!
catelynn's picture
Jun 26, 2011
11:32 AM

catelynn says

You really are one of the humaner koolaid drinkers, aren't you, sillycat.  Unfortunately for your obfuscation, no horses were starved to death by Vess.  The humaners killed the 4 horses that died after the humaners took possession of them.   2 others were killed by humaners who were permitted to adopt them in your backward neck of the woods.  By the way, you forgot to mention how much weight the horses lost while in your possession and while you went to court to try and own them all.  Thank goodness for ARM.  They saved the day!  Charges should be filed against the humaners who killed Berryletta V.  How's that little security guy you used for your humane society doing?  You shouldn't let him have access to the public.  Read in the news that oddowa county has the most vacant houses in your hayseed state.  Probably because any horse owners are running from your county before your agent raids them for unbrushed manes.

sillycat's picture
Jun 26, 2011
10:02 AM

sillycat says

 The fact remains Robin Vess has lost, and lost badly, every time this case hits a courtroom.  She starved the horses causing harm and death.  She is NOT the hero that the animal abuse supporters like catelynn claim.  Repeating lies doesn't make them true.  Now, perhaps catelynn and others can take some time for soul-searching and figure out why they support an animal abuser.  And why your precious ARM, who claimed they knew about and were involved with this situation for months, allowed it to progress to the point of horse starvation.  They should have been charged as well.

catelynn's picture
Jun 25, 2011
10:21 PM

catelynn says

 Whoops!  Better change that from 37 to 35.  You see, 2 of your local Ohio hayseeds were permitted to adopt 2 of the horses.  A saddlebred and an Arabian were both killed by your incompetent humaners after they were permitted to adopt.  So, actually, the death toll is at 6 horses at the hands of the humaners!

Gavintoo's picture
Jun 25, 2011
07:40 PM

Gavintoo says

Animal cruelty convictions for Robin Vess--- Forty two. Horses lives saved because of the sacrifice and dedication of the humane society and friends---thirty seven. Charges against the humane society for any of the ridiculous "factual" allegations by online libelists---zero. Judges that have refused to see it any other way---four. These, to the contrary, are The Facts and they are what matters. Nothing else is of consequence.
catelynn's picture
Jun 25, 2011
05:25 PM

catelynn says

 Synopsis:

# of horses that died while Vess owned them :  ZERO

# of horses that died after ottawa humane took them:  FOUR  all four were killed by ottawa humane.

 

No brag, just fact.

catelynn's picture
Jun 25, 2011
05:21 PM

catelynn says

 Wow, the humane society killed 4 horses, then tried to gain ownership of the survivors.  What were they thinking?  They probably don't even have a barn or pastures to house a couple horses, let alone 37.  It is clear that ARM - ARABIAN RESCUE MISSION were the heroes in this case.  They found adoptive homes for the survivors.  The humane society never did explain where all the tack, grain, blankets, money donated to the horses went.  The humane society never apologized to the public for having the now convicted Sean Harder involved or for allowing his sister to take some of the horses.  Fortunately, those missing horses were returned when law enforcement went to their farm and retrieved them.  Ottawa county will never recover from this black eye, and our humane society is now an international joke!

Gavintoo's picture
Jun 25, 2011
04:43 PM

Gavintoo says

The conspiracy theorists can caterwaul until two years from now. What they fail to understand is that everytime the case has gone to court they have lost and lost badly. The humane society didn't want the horses, except as evidence in a criminal case. As we can see, that case went pretty well for them. . Everytime a judge ruled on something related to this case the humane society prevailed convincingly.. Now, the much heralded appeal, led by the octogenarian living legend has been soundly shot down as well. The fact is the horses are safe and the rumor mongerers can bleat into cyberspace. No one cares!
FST's picture
Jun 25, 2011
04:27 PM

FST says

IDIOT

A society grows when old men plant trees whose shade they know they shall never sit in.
VDugg's picture
Jun 25, 2011
04:20 PM

VDugg says

Seriously, SR: You're going with THAT as your lede for this story? It's neither clever or appropriate for a serious news story.

Bailey's picture
Jun 25, 2011
01:32 PM

Bailey says

BUMB WOMAN

She should have legally just gone to have her baby carved up inside her, at least society would be on her side saying its her RIGHT to murder the innocent.....  Oh, I forgot, animals are more important to pagans than humans. Never mind...........

 

"""For the preaching of the cross is to them that perish foolishness; but unto us which are saved it is the power of God."" ICor 1:18
yay_spaghetti's picture
Jun 25, 2011
12:19 PM

yay_spaghetti says

A year and half later, same pointless drama....she is guilty serve your time and stop whining, feed your animals and there won't be problems.

corky's picture
Jun 25, 2011
12:10 PM

corky says

 Wasn't there also some involvement with a woman from Toledo area?  Vess had started the Arabian Horse Club of Greater Toledo.  After years of funding that organization, Vess left the group.  Then the new president of that horse group became a prosecution witness in this case and had an agenda.  This whole case was a complete mess.  Humane agents who only have training of watching a video tape and no experience with anything but puppies and kittens are not capable of dealing with an arabian breeding farm.  Vess had some of the most impressive arabian breeding farms in the country and had become the target of those who wanted some of her horses.  Didn't the humane society go to court to try and get offical ownership of the horses?  Obviously they thought they could sell them or use their plight for fundraising, but it backfired.  ARM was able to prevent their bold move for ownership and eventually find good homes for all of the horses who were fortunate enought to survive this lethal, lethal seizure!

Suitcase Simpson's picture
Jun 25, 2011
11:45 AM

Suitcase Simpson says

 When Vess' pleas for help were turned down by the ottawa humane agent, she found assistance in a wonderful rescue group called 'ARM' - the Arabian Rescue Mission.  ARM headed over from New Jersey toward the Vess farm.  ARM made some basic inquiries of ottawa county authorities regarding possible foster homes, etc.  The humane agent was one of those contacts.  As ARM was literally enroute on the turnpike with horse trailers and trucks, the humane agent had to jump into action immediately to avoid being embarassed by an out-of -state rescue coming in to do what the humane agen should have already handled.  That is why there was such a quickly organized seizure, with no real planning and 50 hooligans showing up to take the horses.  It was just a terrible scene that should never have occured.  And surprise, surprise, one of the leaders of the humane society was pulled over and arrested for DUI that night.  Very, very sad event in ottawa county history.

Suitcase Simpson's picture
Jun 25, 2011
11:28 AM

Suitcase Simpson says

Moderators have removed this comment because it contained personal attacks. Discussion Guidelines
SamAdams's picture
Jun 25, 2011
11:00 AM

SamAdams says

42 days behind bars for inflicting the cruelest kind of death imaginable on living, breathing creatures? The only way I could possibly get behind a sentence so light is if she's deprived of food the entire time. Now THAT would be appropriate!

When people in general, and the justice system in particular, place so little value on life, is it any wonder that human life, too, has become so cheap to some?

Samantha Adams "We keep having to choose among candidates who are so stupid they want the job, and so egocentric they think they can do it." Orson Scott Card
Itsntallaboutu's picture
Jun 25, 2011
09:04 AM

Itsntallaboutu says

*ITCH!    You deserve more!     Who was there to help those poor helpless animals you were abusing?    I can't STAND people like YOU!    Wish I could get some help for homeless cats in my neighborhood that some people are killing~drowning, shooting, maiming~I even know who's doing it!  Seems to fall on deaf ears.   SICKENING!    Any help out there? 

"OFFICER DUNN REMEMBERED FOREVER"
BytheBy's picture
Jun 25, 2011
07:04 AM

BytheBy says

Just get yourself to jail!!!
You are just another reason why the human race experiment is a complete failure!
Disgusting!

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