Vess Asks for New Trial

Is there some unwritten rule in lawyer rulebooks that says "In animal abuse cases, delay sentencing as long as possible?" Lee also got hers delayed two weeks and now Vess is trying to restart her trial.

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Attorneys for a Carroll Township woman convicted of starving her horses asked a judge to order a new trial Friday morning, four hours before her sentencing hearing.

Nothing like waiting until the last minute.

Robin Vess' lawyers argue she did not receive a fair trial because they allege one of the prosecution's witnesses told another witness she had a vendetta against Vess.

Judge Fritz Hany continued the sentencing hearing in Ottawa County Municipal Court to allow Assistant Prosecutor Matt Schuh time to respond and for the defense to provide more information.

A jury convicted Vess in April of 42 misdemeanor counts of animal cruelty. She faces up to 18 months in jail.

Schuh said he was suspicious of the timing of the request for a new trial and other motions in the case. The motions were filed at 9:08 a.m. by Vess' new attorney, Leonard Yelsky of Cleveland, who joins attorney Mark Davis of Toledo in representing her.

Shouldn't we be questioning how she can afford two attorneys?

Davis handled Vess' case at trial. Neither lawyer was available for comment Friday.

Yelsky also represents the Arabian Rescue Mission of New Jersey, a horse-rescue group that sent Vess' 36 surviving horses to foster homes and eventually permanent homes and has criticized how the Humane Society of Ottawa County handled the horse seizure. His family members fostered some of the horses from Vess' farm.

Yelsky argues prosecution witness Karen Miller of Toledo told Linda Logan of Lucas County during the trial that she had a vendetta against Vess and defense witness Tiina Burkhart of Toledo. Logan, a witness for the prosecution, said in a sworn statement Miller made the comment to her twice April 28 and then told Burkhart about it later that day.

Miller was not available for comment Friday.

Yelsky portrayed Miller as the prosecution's expert witness on the horses' condition.

"This was the most important piece of evidence in the state's case," he wrote in court records. "The defense should have been advised that one of the most important witnesses in the case had a vendetta against the defendant."

Schuh, however, said the state's expert witnesses actually were veterinarians Dr. Irene Lavigne and Dr. Leslie Avery, who treated the horses the day of the rescue. They testified about the health and condition of the horses.

"We called Karen to establish that Robin Vess was a knowledgeable horsewoman and to show that the resulting starvation was more than negligence," Schuh said.

The Humane Society of Ottawa County seized Vess' horses Jan. 29 after receiving reports they were skeletal and that some were sick. Since then, most of the horses have been placed in permanent homes and are doing well, ARM founder Terry Figueroa has said.