Tennessee Walking Horse Soring Issue *Update post 1*

Exactly, Fairfax. what breeds?

http://www.chattanoogan.com/2012/9/19/234595/Roy-Exum-A-Just--But-Sad--Verdict.aspx

Roy Exum: A Just – But Sad – Verdict
Wednesday, September 19, 2012 - by Roy Exum

At precisely 4 o’clock Tuesday afternoon, former Maryland Senator Joseph Tydings noticeably tightened when Federal judge Sandy Mattice announced after a brief recess that he would accept a contentious plea agreement, thus assuring serial horse abuser Jackie McConnell would not go to jail. The sentence of three years of probation and a $75,000 fine would later be called “a travesty” by the 84-year-old legal expert who once served as the state of Maryland’s Attorney General.

After all, it was Tydings himself who created the federal Horse Protection Act when he served in the Senate 43 years ago and today, although he sits ramrod straight and is still a skilled orator, Senator Tydings was the first to realize that the loathsome McConnell, in his brief and well-coached remarks of remorse, never once mentioned or apologized to the hundreds of horses he has purposely abused and tortured in a well-documented span of over 30 years.

The ruling, although just, dashed the hopes of “many, many hundreds” who had written Judge Mattice to ask for stronger justice. But because of woefully-inadequate federal laws against the depravity that has plagued the Walking Horse industry for well over half a century, the Horse Protection Act has been as lame as the horses it meant to protect and a plea arrangement was deemed at the very onset as the best “legal solution.”

Early in the sentencing session it seemed as though Judge Mattice was wrestling with the plea deal, claiming rightfully “it ties my hands,” but upon arguments from both the prosecutor and McConnell’s defense team, the judge relented, saying he was bound by law to make “legal judgments, not moral ones.” Then, as expected, Jackie McConnell walked away with his gleeful family rather than give Senator Tydings the satisfaction of witnessing the first jail term to be given since the bill was enacted in 1970.

Granted, McConnell’s sentence was the stiffest since federal prosecutors in Chattanooga became the first ever to enforce the Horse Protection Act last year. Earlier in the day two of Jackie’s henchmen, stable hand Jeff Dockery and farrier Joseph Abernathy, were each given sentences of one year on probation after it was learned they were paid underlings to the notorious scofflaw McConnell, who has now been “banned for life” from training horses by the U.S. Department of Agriculture and fined $150,000 by the agency.

It is no secret that for over a quarter century such bans and probation have meant absolutely nothing to McConnell, who has fearlessly entered maimed horses in shows under other “trainers” like the pitiful Dockery, a wizened man who appeared before the bench with no teeth, much less any self-respect. He said he worked for McConnell for 30 years and a rapt audience could only imagine what that meant.

Dockery’s cowed appearance alone lent credence to the belief that McConnell, from Collierville, has made hundreds of thousands by abusing people like his longtime stable worker as well as horses. “Yes sir, I sored horses for him and I’m sorry for it,” Dockery told the judge. The badly-broken Dockery and his family left the courtroom before McConnell’s case was called and neither man made eye contact as Dockery shuffled from the courtroom.

While Judge Mattice and others feel the USDA ban and the three-year probation will “make Jackie a changed man,” veteran observers of the embattled Tennessee Walking Horse industry are hardly as optimistic. Granted, McConnell is widely detested and quite reviled by both the public and the honest horsemen of the world but his entire life can be easily traced by violations and suspensions that were previously handled in a now-laughable way.

Remember, McConnell’s guilty plea was just for the first count – number two through the other 52 were summarily dismissed. And while Judge Mattice remarked that “just being a federal felon is big to me,” McConnell, purportedly a millionaire after a lifetime of ill-gotten gain, was given nine months to pay his $75,000 fine and – unbelievably – allowed by the court to continue to buy and own horses that he can keep – and do whatever with – in his infamous barn.

Face it; McConnell history alone makes him a serial abuser. Judge Mattice said he doesn’t believe horse abuse is addictive but psychological experts tell us greed and blood-lust may well be. While the court can neither examine a man’s past or his heart, Jackie has a fabled history of finding loopholes, ratholes and willing conspirators to achieve his passions.

Jackie’s brother, Jimmy, is a noted “Big Lick” trainer with a history of violations and the deeply-sullied “performance” industry -– centered in Shelbyville – is believed to still be rife with similar rascals who change horse’s names, enter them under pseudo trainers such as the gullible Dockery, and have made soring and torture almost a given in the quest for the unnatural high gait and cheap blue ribbon.

While the judge made several remarks about a notorious tape that has now been seen the world over of McConnell viciously and sadistically attacking tethered animals, Tuesday’s sentencing was actually for a felony crime committed before the ABC News “Nightline” tape enraged horse lovers around the globe. McConnell still faces 14 counts for that episode later this month after they were brought by state agents who raided his barn and found chilling evidence the Federal Court was unable to present.

Then again, as scurrilous as McConnell may well be, representatives of the state and national Humane Society and the USDA who attended the sentencing, believe Jackie is a minor figure in the perverted world of the “Big Lick.” The bigger goal is to prosecute the owners who allow the barbaric “stewarding,” as well as those who enable soring and other abuse to badly plague the noble and beautiful breed of defenseless animals.

Leaders of the Shelbyville crowd were conspicuously absent from the sentencing but after its fiery attacks on the Humane Society, the USDA, and any other group clamoring for reform, the defiant stance against government and its agents was well noted.

Bill Killian, the U.S. Attorney, promised there will be others who will be brought to trial. “We will continue to investigate and prosecute cases involving violations of the Horse Protection Act as we do in other areas of federal law. The impact in these cases has been far beyond any level that we might have imagined,” he said.

Last week tougher legislation was introduced in Congress and, with Tennessee’s senators both blanching at the state’s regretful notoriety since Jackie’s video went viral in May, there is a push in the state legislature as well as in Washington to make sure that future perpetrators of the Horse Protection Act don’t skate like Jackie McConnell did in Chattanooga yesterday afternoon.
royexum@aol.com

[QUOTE=WalkInTheWoods;6565779]
http://www.chattanoogan.com/2012/9/19/234595/Roy-Exum-A-Just--But-Sad--Verdict.aspx

Roy Exum: A Just – But Sad – Verdict
Wednesday, September 19, 2012 - by Roy Exum

At precisely 4 o’clock Tuesday afternoon, former Maryland Senator Joseph Tydings noticeably tightened when Federal judge Sandy Mattice announced after a brief recess that he would accept a contentious plea agreement, thus assuring serial horse abuser Jackie McConnell would not go to jail. The sentence of three years of probation and a $75,000 fine would later be called “a travesty” by the 84-year-old legal expert who once served as the state of Maryland’s Attorney General.

After all, it was Tydings himself who created the federal Horse Protection Act when he served in the Senate 43 years ago and today, although he sits ramrod straight and is still a skilled orator, Senator Tydings was the first to realize that the loathsome McConnell, in his brief and well-coached remarks of remorse, never once mentioned or apologized to the hundreds of horses he has purposely abused and tortured in a well-documented span of over 30 years.

The ruling, although just, dashed the hopes of “many, many hundreds” who had written Judge Mattice to ask for stronger justice. But because of woefully-inadequate federal laws against the depravity that has plagued the Walking Horse industry for well over half a century, the Horse Protection Act has been as lame as the horses it meant to protect and a plea arrangement was deemed at the very onset as the best “legal solution.”

Early in the sentencing session it seemed as though Judge Mattice was wrestling with the plea deal, claiming rightfully “it ties my hands,” but upon arguments from both the prosecutor and McConnell’s defense team, the judge relented, saying he was bound by law to make “legal judgments, not moral ones.” Then, as expected, Jackie McConnell walked away with his gleeful family rather than give Senator Tydings the satisfaction of witnessing the first jail term to be given since the bill was enacted in 1970.

Granted, McConnell’s sentence was the stiffest since federal prosecutors in Chattanooga became the first ever to enforce the Horse Protection Act last year. Earlier in the day two of Jackie’s henchmen, stable hand Jeff Dockery and farrier Joseph Abernathy, were each given sentences of one year on probation after it was learned they were paid underlings to the notorious scofflaw McConnell, who has now been “banned for life” from training horses by the U.S. Department of Agriculture and fined $150,000 by the agency.

It is no secret that for over a quarter century such bans and probation have meant absolutely nothing to McConnell, who has fearlessly entered maimed horses in shows under other “trainers” like the pitiful Dockery, a wizened man who appeared before the bench with no teeth, much less any self-respect. He said he worked for McConnell for 30 years and a rapt audience could only imagine what that meant.

Dockery’s cowed appearance alone lent credence to the belief that McConnell, from Collierville, has made hundreds of thousands by abusing people like his longtime stable worker as well as horses. “Yes sir, I sored horses for him and I’m sorry for it,” Dockery told the judge. The badly-broken Dockery and his family left the courtroom before McConnell’s case was called and neither man made eye contact as Dockery shuffled from the courtroom.

While Judge Mattice and others feel the USDA ban and the three-year probation will “make Jackie a changed man,” veteran observers of the embattled Tennessee Walking Horse industry are hardly as optimistic. Granted, McConnell is widely detested and quite reviled by both the public and the honest horsemen of the world but his entire life can be easily traced by violations and suspensions that were previously handled in a now-laughable way.

Remember, McConnell’s guilty plea was just for the first count – number two through the other 52 were summarily dismissed. And while Judge Mattice remarked that “just being a federal felon is big to me,” McConnell, purportedly a millionaire after a lifetime of ill-gotten gain, was given nine months to pay his $75,000 fine and – unbelievably – allowed by the court to continue to buy and own horses that he can keep – and do whatever with – in his infamous barn.

Face it; McConnell history alone makes him a serial abuser. Judge Mattice said he doesn’t believe horse abuse is addictive but psychological experts tell us greed and blood-lust may well be. While the court can neither examine a man’s past or his heart, Jackie has a fabled history of finding loopholes, ratholes and willing conspirators to achieve his passions.

Jackie’s brother, Jimmy, is a noted “Big Lick” trainer with a history of violations and the deeply-sullied “performance” industry -– centered in Shelbyville – is believed to still be rife with similar rascals who change horse’s names, enter them under pseudo trainers such as the gullible Dockery, and have made soring and torture almost a given in the quest for the unnatural high gait and cheap blue ribbon.

While the judge made several remarks about a notorious tape that has now been seen the world over of McConnell viciously and sadistically attacking tethered animals, Tuesday’s sentencing was actually for a felony crime committed before the ABC News “Nightline” tape enraged horse lovers around the globe. McConnell still faces 14 counts for that episode later this month after they were brought by state agents who raided his barn and found chilling evidence the Federal Court was unable to present.

Then again, as scurrilous as McConnell may well be, representatives of the state and national Humane Society and the USDA who attended the sentencing, believe Jackie is a minor figure in the perverted world of the “Big Lick.” The bigger goal is to prosecute the owners who allow the barbaric “stewarding,” as well as those who enable soring and other abuse to badly plague the noble and beautiful breed of defenseless animals.

Leaders of the Shelbyville crowd were conspicuously absent from the sentencing but after its fiery attacks on the Humane Society, the USDA, and any other group clamoring for reform, the defiant stance against government and its agents was well noted.

Bill Killian, the U.S. Attorney, promised there will be others who will be brought to trial. “We will continue to investigate and prosecute cases involving violations of the Horse Protection Act as we do in other areas of federal law. The impact in these cases has been far beyond any level that we might have imagined,” he said.

Last week tougher legislation was introduced in Congress and, with Tennessee’s senators both blanching at the state’s regretful notoriety since Jackie’s video went viral in May, there is a push in the state legislature as well as in Washington to make sure that future perpetrators of the Horse Protection Act don’t skate like Jackie McConnell did in Chattanooga yesterday afternoon.
royexum@aol.com[/QUOTE]

Many things to discuss here. But in bold is the answer to my question of why the human victims of McConnell’s have not spoken up, nor apparently taken the time to observe him in court. Much for them to worry about. ANd I hope the honest ones have the $$ take him to civil court as well.

Tail cutting is the only “other” breed problem for which AAEP and AVMA are seeking HPA amendment that I have read of. I think HPA spotlight will for now be kept right where it belongs which is on the “other” problem they have been dealing with for 42 years.

Attended Dockerey, Abernathy & McConnell’s sentencing yesterday.For those who do not like to hear me drone on and just wanna know what happened go here:

http://www.newschannel9.com/news/top-stories/stories/man-sentenced-horse-abuse-2410.shtml

or here:

http://www.timesfreepress.com/news/2012/sep/19/admitted-tennessee-walking-horse-abuser/?local

But if you would like to hear a blow by blow account of the atmosphere, flavor and nuances start reading with Part 1…

I am not a reporter, one who can tell all what happened in 150 words or less, or a 60 second TV report, I am a storyteller, and write like what I saw, felt, thought, heard or understood…

http://usnews.nbcnews.com/_news/2012/09/19/13955200-horse-trainer-jackie-mcconnell-fined-for-caustic-chemical-cruelty

He’s been sentenced…to not much.

Of course, having a report with Wayne Pacelle and the HSUS really taints anything to do with this.

McConnell is scum and abuses horses, nobody denies that, so is Pacelle.

Jackie McConnell’s Day In Court
Part 1

The skies opened up and it rained for most of the day in Chattanooga, Tennessee. Was that to be the harbinger of things to come.?

The sentencing of Jeff Dockerey, Joseph Abernathy, and, Jackie, Jackie McConnell was to take place on the third floor, 2 PM the Joel W Solomon federal courthouse building in downtown Chattanooga.

There were about 20 to 30 family and friends, supporters for the defendant’s. I recognize many of the reporters, Pam Sohn, Todd South, John Pless, Roy Exum sat behind me, nice guy, interesting fella. Keith Dane sat in front of me with a couple women I don’t know if I would wanna piss off.

Sen. Joseph Tydings was all also present on the front row. He is the honorable gentleman who introduced and got that 1970 horse protection act passed in Congress, still a venerable gentleman.

There were a lot of suits and brief cases, but I didn’t recognize anyone familiar.

Dockerey was the first man in the well. He was the guy in the humane society undercover video that was sitting down with a baseball cap on and said; “I ain’t goin to jail for no Jackie"

Lawyers and judge, stuff going back and forth, responses from the defendant. His lawyer’s plea was as follows; Jeff Dockerey is 54 years, and has been working for Jack McConnell, continually for 30 years, he has done nothing else in his life.

In all those years he had just been a stable groom, until 2006 when Jackie paid for him to get a trainer’s license for the purpose of showing horses under his name that Jackie actually trained. Jackie was under a Five year federal USDA suspension from 2006 to 2011.

His lawyer said that Jeff feels remorse, regret the pain to the horses. Jeff basically said same thing, the prosecutor, Mr. Neff Jeff had accepted responsibility for his acts and had been very cooperative in helping them develop other leads and he was satisfied with the plea bargain.

When asked if he had anything to say before sentence was pronounced. There was definitely an air of tension in the room, Judge Mattice did not show his cards in the way he was conducting his court he was all over the place questioning and commenting on various aspects of the cases. You just couldn’t put a finger on where he stood on what he was about to do.

And then his sentence was read; one count he was to receive probation for one year. He was to write an article about starting and publishing in a newspaper. There was no fine because he was unable to pay; all of the charges were dismissed.

Joseph Abernathy was up next, his lawyer said Abernathy was a 30 year old farrier, no criminal history and he is charged with transporting sources and falsifying official paperwork.

Emphasizing that there was no soring involved with this defendant. The issue of whether he can continue showing horses was bantered Bob back and forth as part of his sentence agreement.

He will be allowed to continue shoeing horses, to care for his and other horses. However, he must provide a list of all his clients. He was also to write an article about soring and publish it in the newspaper, no monetary penalty was assessed due to inability to pay, the other counts were dismissed.

They called Jackie to the well, the judge said that this case needed to be handled differently, he directed the defendant and his two lawyers to go sit at the defendant’s table.

Now this is where all the time was spent on this case. The judge was rattling both the defendant’s lawyers and prosecution equally.

Thanks for the first hand report. As we wait for part two here is an article that will show how stewarding works through learned helplessness.

http://xa.yimg.com/kq/groups/7674056/1339601261/name/Scanned%20from%20a%20Xerox%20multifunction%20device001.pdf

[QUOTE=hurleycane;6565189]
That is good to hear Baby Green.

Has he in any way offered any remorse or apologies? Have any of his clients ever spoken publicly about what was done to their horses?[/QUOTE]

No, but there’s a very good chance Big Lick classes will no longer be held at the Germantown Charity show in June.

[QUOTE=BabyGreen;6566469]
No, but there’s a very good chance Big Lick classes will no longer be held at the Germantown Charity show in June.[/QUOTE]

This is what needs to happen. BL needs to be a thing of the past.

[QUOTE=Fairfax;6565599]
And those breeds would be?[/QUOTE]

All of the “other gaited breeds”, quarter horses, tb racing horses, and arabians, and last but certainly not least…the saddlebreds. Now bash ahead!!

[QUOTE=cordial;6566752]
All of the “other gaited breeds”, quarter horses, tb racing horses, and arabians, and last but certainly not least…the saddlebreds. Now bash ahead!![/QUOTE]

…because soring makes TBs run faster?

Or is this not related to soring?

Arabians, NSH, Hackney, Morgan and Saddlebred are regulated under USEF, so will the HPA put inspectors in those shows -just for those breeds?

I await actual news.

[QUOTE=D_BaldStockings;6566813]
…because soring makes TBs run faster?

Or is this not related to soring?

Arabians, NSH, Hackney, Morgan and Saddlebred are regulated under USEF, so will the HPA put inspectors in those shows -just for those breeds?

I await actual news.[/QUOTE]

Await no longer…I was not especially refering to “soring”, but many other types of abuse that to go in the horse world. All of you people on this forum are “horse people” and generally speaking…know alot about horses in general, so I don’t think I have to draw a map or go into detail…you know damn well what I am talking about.

“There has been much rumor among the DQP’s and Government inspectors that they are keeping their “eyes” on a few other breeds that “fail” the Horse Protection Act.”

This was Cordial’s earlier post.

So you don’t want to give detail, OK.

Vague threats toward ‘other breeds’ is nothing beyond pot-stirring.

++

On another post regarding Stewarding; why isn’t this cruelty under existing state and federal laws (I suspect it is) and then the question becomes -Why not enforce the law?

More legislating pays the politicians; it doesn’t help the animals.

[QUOTE=cordial;6566857]
Await no longer…I was not especially refering to “soring”, but many other types of abuse that to go in the horse world. …you know damn well what I am talking about.[/QUOTE]

Yeah, I do, and those clearly abusive, illegal things need to stop as well.

I don’t know of anything on the scale of the TWHBEA, the Big Lick, and the “industry” surrounding it. In total, it is a national disgrace. It disgraces every horse owner.

It can completely withstand the context of every other “abuse”, “use”, work, entertainment, etc. out there and rise hands above as clear, ugly inhumanity. No one should defend anything or anyone associated with it. We all should be willing to give just a piece of our liberty to stop it. Whatever it takes.

We need to take back this great American breed and
just give it a chance. It will no longer be a poor man’s anything. This is a great horse. It’s time to start breeding to make it greater…not for the pleasure of some perverse society of ignorance.

[I]Quote] On another post regarding Stewarding; why isn’t this cruelty under existing state and federal laws (I suspect it is) and then the question becomes -Why not enforce the law?

More legislating pays the politicians; it doesn’t help the animals.[/QUOTE][/I]

As I understand it, the enforcement of the law was hampered by the law. The law left inspection and enforcement up to the show organizations that were deemed certified to self police their show entrants. What ensued was the violating entrants of sored horses got superficial slaps on the wrist and continued to show, sore and celebrate for 42 years(tongue in cheek).

Recently, much to the dismay of the stacked folks inner circle, the law was amended to force certain penalties, expulsions and such. ANd now, again much to the dismay of the most likely guilty parties, the law is about to get much more enforcement teeth with this amendment:

http://www.forthetwh.com/HPA-HR6388%20comparison.pdf

Can’t wait for the rest of Preacher’s account. And Rbow - great post to read.

Thank you for posting the comparison.

The ‘teeth’ increase fines (from the 1970’s) by less than 50%.

inflation converts $1,000 in 1976 to $3,871 in 2010
http://www.buyupside.com/calculators/purchasepowerjan08.htm

So in effect the penalties are LESS than they were in the original - they need to check their math before suggesting penalty amounts.

Of course, this section (and the boots) is the one I may certainly find issue with:

1824 Unlawful Acts
(13) The use of a weighted shoe, pad, wedge, hoof
band, or other device or material at a horse show, horse
exhibition, or horse sale or action that—
(A) is placed on, inserted in, or attached to any
limb of a Tennessee Walking, a Racking, or a
Spotted Saddle horse;
(B) is constructed to artificially alter the gait of
such a horse; and
© is not strictly protective or therapeutic in
nature.

++
No mention of sore, here; only altered, which any shoe does.

So now I need a vet to prescribe anything except a keg shoe?
Sounds like the plantation class and ‘light-shod’ folks are under attack as well.
If you can find a shoe, any shoe, that doesn’t alter gait I will be sure to tell the Hunter crowd who pull shoe for the Hack so as to go as low as possible that they are wasting effort.

What is too much weight? more than an aluminum race plate? more than a keg shoe? rather sketchy if you ask me.

And I really don’t like the clear and sudden penalties on the HORSES while owners/exhibitors are not disqualified at the show as well.
-Hurts a barn much more if all of an owner’s horses are dq’d because of the owner’s status of being dq’d
-or a trainer, etc.

I’m not seeing the new and improved in this box of soap flakes.

What was improved on the last go round is the penalties are now mandatory. The TWH folks are trying to take APHIS to court on that.

Now this is an interesting article on abuse…the author finds racing, dressage, reining and almost any endeavor with a horse, abuse…

Before you all cheer…you might want to read the first part…here…and then check out the link.

Why? Because so many WOMEN own the BLTWH’s…ride them in amateur…pay the enormous bills …

This does support the supposition that the owners should also be charged, fined and perhaps any TWH going to a show should have to have a certificate of transportation signed by the owner…then they can be charged with transportation of sore horses.

The Decadence of Horsemanship

The decadence of horsemanship in the hands of women…
…and -whipped men.

[I]Well, I am sure this short article will not go well by many folks today including many men, though it will be truly enlightening to people of intelligence whose reasoning and judgment is not clouded by their opinions, fears, pride and emotions or by that ever so popular demagogical concept of political correctness. Anyone who subjects his thinking to political correctness is genuinely brainwashed, and anyone that subjects his free speech to the same is a genuine coward.

It is the women today that have the control over the horse world, or at least have a major influence on what will be done and how horses are treated or trained. For this reason I hold women accountable for the abuse of horses in this world, because they have what many of them always wanted and dreamed of, “control”. Needless to say that with the control over events also comes accountability, obviously

When I am saying that I hold women accountable it does not mean that the blame is laid solely them, but rather the blame also rests on men that for most part remained indifferent to what women do, or abandoned their places of responsibilities and such and so forth, or simply died, and so women simply filled these empty spaces in our society. Of course this is fairly obvious mainly in the world of horses that at this point is pretty much run and taken over by women all over the so-called “modern world”, while the few participating men are there primarily to exploit (sexually or financially or mostly both) the female obsession with horses

Lee Stanek[/I]http://www.horsemanpro.com/articles2/decadence-horsemanship.htm

Maybe the TWH groups should forge ahead and have the owners, grooms, farriers, amateur owners etc all charged…now THAT would bring the BL to an abrupt halt

Before you all scream at me…this is not my opinion however I have heard it from trainers who say there is nothing more fearful than a woman who expects to win her amateur division and is defeated…

Yeah, Lee has some opinions and unique perspectives that are ‘out there’.

I’m not seeing the relevance to soring unless you refer to this statement:
In the horse world this weak-men behavior and psychology often leads to the mistreatment of horses, as many men fear horses and so they have the tendency to intimidate horses as they intimidate men, when it comes to controlling the other.

Trainers are in an unusual position where their livelihood depends on third party (ammie owner) approval which extends no further than the next show or ribbon; still, guidelines have been set down that are unenforced and reward sore horses so there is incentive. One has to compromise one’s willingness to inflict pain for gain to sore a horse; it’s a decision that bears responsibility. Sure there is a reason for the decision.
Is it an excuse?

If thieves are rewarded for stolen goods and there are no locks on the ‘doors’ nor police arresting them, nor fines, nor jails, how quickly does a societal norm shift in favor of thieving vs. earning goods?

Passing laws doesn’t stop thieves; taking away their reward and putting it back on the earners where it belongs makes for a longer lasting change.