Horse Cruelty Trial
Judge reverses own ruling

By SUSAN DICKERSON AND JOHN PATTERSON
SALISBURY POST

A District Court judge surprised everyone this morning when he changed his mind and ruled that Animal Control officers legally went onto a woman's property to investigate a horse cruelty complaint.

On Wednesday, Judge Ted Blanton had ruled that Animal Control officers illegally went into the pasture where Carolyn Nance kept her herd of horses. Nance is on trial in District Court for 16 counts of cruelty to animals.

On his own motion this morning, Blanton overturned his earlier ruling.

''Because there are no structures on the property, the field is not private property,'' Blanton said.

Assistant District Attorney Cynthia Barnhill argued, ''There are no Fourth Amendment protections (against illegal search and seizures) to apply to this pasture.''

Speaking of a precedent from 1924 when officers entered an open field to search for illegal whiskey, Barnhill argued, ''The examination of whiskey, or in this case, the horses, took place on the land,'' which is acceptable. ''That protection is not extended to open fields.''

However, one of Nance's attorneys, James Davis, argued that the Animal Control officer crossed one person's property and went onto the property leased by Nance. It had nine fences.

''There is plenty of evidence to show that this property was sequestered, secluded and surrounded by nine fences,'' Davis argued.

However, the argument didn't hold the same weight as it did Wednesday for Blanton.

''I am persuaded that (Animal Control) Officer (Robin) Cook had the right to go into the field,'' Blanton said. ''This was not an unconstitutional search. She was going to exercise her duties as Animal Control officer. What she saw in that field is going to be allowed into evidence.''

After entering his ruling, Blanton allowed Cook to take the stand.

Meanwhile, a group of a dozen or so protesters assembled on horseback this morning near the Salisbury Police Department - about a block away from the Rowan County Justice Center - to show their support for the malnourished and neglected horses at the center of this case. Wearing and holding signs proclaiming ''We the people will not tolerate cruelty to animals ... no bones about it,'' the group learned later from police that they needed a permit to hold a protest within the city limits.

City officials later denied protesters' request to ride their horses in front of the county's justice center, but at least one of them said they would show their support in other ways.

''I guess I'll just go in and watch the trial ... to show my support for the horses,'' said Debi Stocker. ''We just wanted to let people know to please ask for help if they need it. If your horses are starving and you can't buy feed, then there are people out there that will help you get through the rough times.''

Stocker said the protesters' main goal was to promote awareness.

''We want people to understand that we don't believe animal cruelty should still be tolerated. We're trying to prevent something like this from happening again in the future.''