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Hoskins battles for return of horses

Published:May 27, 2010, 12:26 AM

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Updated: August 21, 2010, 10:15 AM

Beth Lynne Hoskins, the Aurora horse farm owner facing 10 counts of animal cruelty in

connection with 130 total animals seized in March by the SPCA Serving Erie County, maintained

her innocence Wednesday.

Hoskins stood before Aurora Town Justice Douglas W. Marky as her attorney, George V.C.

Muscato, entered a not-guilty plea to all 10 misdemeanor counts under the state Agriculture &

Markets Law.

Her attorneys are seeking to have the civil case dismissed and most of the 73 horses

returned to Hoskins. The 10 counts stem from evidence gathered on seven of the horses and

three cats.

It was Hoskins' first public appearance in the case, as she was arraigned on the criminal

counts in a case that SPCA officials say has cost more than $110,000 for the care of the

animals seized.

Outside the courtroom, Hoskins spoke about the significance of the 73 Morgan horses that

were taken from her Eden Farms on Emery Road. When the search warrant was executed, 53 cats

and four dogs also were seized.

"Besides God and my daughter, those horses are my life," Hoskins said. "I never, in my

wildest imagination, could imagine this happening to me."

Her attorneys described her as a phenomenal Morgan horse breeder, trainer and rider with 35

years of experience. The horses are valued at $1.6 million to $2 million, said her other

attorney, Barry Covert.

But SPCA officials have a different version of the story, insisting that it goes far beyond

alleged neglect and care of the horses.

SPCA Executive Director Barbara Carr says it wasn't just unacceptable conditions in two

horse barns, but also involved an outdoor shed housing 53 cats, and also Hoskins' home.

"We don't just have a little problem in the barn," she said.

Carr said that East Aurora police had to contact Child Protective Services because of the

condition of the home, and it had to be cleaned up before Hoskins and her daughter were

allowed to return.

Four dogs, one house cat and an outdoor barn cat have since been returned to Hoskins. Carr

said Hoskins signed over 43 cats to the agency.

"[The defense] did not ask for the cats back, just the 66 horses," Carr said. "They don't

give a whit about those poor, tortured cats."

Meanwhile, SPCA officials said they have been contacted by 10 people from around the

country, claiming they own some of the horses that Hoskins had at her farm. Some third parties

are saying their horses were on loan to Hoskins to breed, and now ownership has to be

verified, the agency said.

"We have ample evidence about the condition of the horses seized and the condition of the

property," said SPCA attorney Alan Donatelli, who is handling the civil part of the case.

He pointed to serious hoof problems, dehydration and malnourishment of the horses, with no

evidence of any farrier care for months, severe skin problems, antisocial behavior and horses

standing in 2- to 3-foot piles of manure. Hoskins' home also was condemned at the time, he

said.

"We have about as much evidence as I've ever seen in any case," Donatelli said. "Either

Hoskins didn't want to take care of the horses or could not."

Hoskins' attorneys argue that the SPCA went too far.

"It was a terrible over-reaction on behalf of the SPCA. They should have left the horses

there," said Muscato. "What they did with this case is unconscionable. They're our horses, so

give them back to us."

The criminal part of the case is expected to remain in Aurora, while the civil case will

likely be heard in State Supreme Court. The next Aurora court date was tentatively set for 4

p.m. June 14.

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