Morgan horse owner and breeder Beth Lynne Hoskins, of Aurora, is fighting to get her 73-horse herd back to her Emery Road farm in the face of an animal cruelty investigation.

Not only are she and her legal team trying to get all of the horses back, but she and one of her attorneys now allege the SPCA has provided subpar care to some of her horses and cats while they have been in the agency’s custody. They also claim the agency went too far when it showed up unannounced March 18 and took 130 animals — including the horses, 53 cats and four dogs — from Hoskins’ property, called Eden Farm.

“What they did in this case is unconscionable,” said Hoskins’ attorney, George V. C. Muscato.

In a prepared statement, Hoskins and Muscato said some of the animals have been injured and some have died while in the care of the SPCA Serving Erie County following the agency’s seizure of them, which was tied to alleged animal cruelty and neglect.

Muscato also said his review of SPCA veterinary records shows that the horses were healthy and had not been denied food or water and therefore should not have been seized.

Muscato indicated after Hoskins’ arraignment last week that the agency’s care of the animals was less than ideal. He also complained about conditions at the Niagara County Fairgrounds, where they were first taken before recently being taken to foster horse farms for care.

SPCA officials defended their case and said that claims of injury are “blatant lies,” according to Gina Browning, SPCA public relations director.

“No horse died or was hurt. I think they are capitalizing on the fact that we can’t release photos or video and show people what we saw because it’s an open investigation,” Browning said.

Hoskins’ horses—which are valued at $1.6 million to $2 million—are still in the custody of the SPCA. Child Protective Services also was contacted regarding the condition of Hoskins’ home, according to SPCA Executive Director Barbara Carr.

“Defense attorneys posturing are not the facts in a criminal case,” Carr said. “We would never bring any sort of frivolous case . . . This is not a horse case. This is an animal abuse case.”

The SPCA is seeking a bond to cover the cost of caring for Hoskins’ horses, which so far has exceeded $100,000.

When questioned about the SPCA’s care of her animals, Hoskins on Saturday said that some cats have died and several horses have sustained severe injuries. Asked how she knew about any problems, Hoskins said: “I only saw them twice and took pictures.”

SPCA officials aren’t backing down.

“We couldn’t believe what we found [at Hoskins’ farm],” Browning said. “It’s more important that these animals are cared for than grandstanding with photos.”

SPCA officials said they had been sincere “in trying so hard to work a deal with [Hoskins],” Browning said. If her farm and barns were sufficiently cleaned up and she had farm hands on board to help her, the agency was willing to return a small number of the horses under close supervision.

But SPCA officials said Hoskins wasn’t interested in that.