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New York Does Pennsylvania's Dirty Work -

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Horse Haulers Arrested . . . Again

PAPER HORSE, 1998 issue

Connie Fenner, Mifflintown, PA 717-527-4848

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"This is harrassment. Why was I singled out?'

These were some of the words of Kevin Nickerson of Nickerson Livestock Transportation, Bainbridge, NY as he was being arrested on January 19th on 35 counts of illegally transporting horses.

The double-decker cattle trailer traveling from the New Holland auction barn had crossed over the PA/NY state line on Interstate 81, and in so doing, had violated New York law. Pennsylvania. unfortunately, has no viable law on the books concerning the lawful and humane transportation of horses. New York does. According to the arresting officer, New York State Trooper Steven Cornell of the Sidney Patrol, the cargo at that early point in the presumed journey to the slaughterhouse in Canada, contained 2 mules, 1 pony and 27 horses. There were 27 counts of violating the double decking section of the law and 8 counts violating the lack of partitions a maximum of every 10 ft. It was discovered the involved parties called the trailer/trailers traveling behind them to warn them to stay in Pennsylvania, a safe haven for the "torture trailers", as they have been labeled by those in the know.

Meanwhile, the 30 horses were loaded onto a legal trailer, which the haulers had contacted. You may recall that Nickerson Livestock Transport was the subject of another arrest in 1995 on similar charges, which resulted in the infamous Syracuse 36 case. In this instance, the horses, many in bad condition, were seized. At the February 5th arraignment. Nickerson pled not guilty. A March 18th non-jury trial is scheduled. We applaud New York legislators for being 17 years ahead of Pennsylvania in passing enforceable laws regulating the humane transportation of horses. And we especially applaud the efforts of the New York State Troopers who enforce the law. These efforts get them no verbal thank yous from the victims, and much verbal abuse from the guilty. It often doesn't change the destination of the horses, but can help reduce some of the unspeakable conditions of their last days, conditions created by the very design of the double-decker trailer when used to transport horses.

ED. NOTE: New York's admirable law regarding the humane transport of equines was the result of numerous inhumane incidences in up-state New York along a stretch of highway commonly known as the "Torture Trail" (Adriondack Northway), a direct route to Canadian slaughterhouses.

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New York Upholds Law

Another Horse Transport Arrest

PAPER HORSE, April 1998 issue

Connie Fenner, Mifflintown, PA 717-527-4848

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Another New York resident who does his horse shopping in Pennsylvania was arrested on February 23rd. Arlow Kiehl of Watertown. N.Y. was hauling 22 horses from the New Holland. Pa. auction barn destined for slaughter in Canada. He was arrested in Cortland County, New York for hauling horses in an illegal trailer. Trooper Kevin Sturmer made the arrest, coordinated by Trooper CeCee, and charged Kiehl with 48 counts; 22 counts of transporting horses on a double-decker trailer, 13 counts of hazardous protrusions in the trailer, and 13 counts of inadequate spacing distance of partitions, which were 26 ft. apart (New York law, one of the best regarding equine transportation stipulates a maximum of 10 ft. between partitions). Arraignment is pending. Doesn't it seem that compliance with the Law would be a smart move for horse transporters? PH will keep you updated on the status of Pennsylvania's HB 2127 regarding humane transport in the Commonwealth.

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OUTCOME OF CASE

February 23, 1998 case in Cortland County, NY.
June 23, 1998 - Pleads GUILTY & PAYS $2000.00 Fine

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Another Horse Transport Arrest

The Big Apple Bites Again

PAPER HORSE, May 1998 issue

Connie Fenner, Mifflintown, PA 717-527-4848

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The ink was barely dry on the paperwork for Arlow Kiehl's February 23 arrest for the illegal transport of horses in New York state. Enroute from the auction at New Holland, Pa., he was arrested again on March 23 for violating the same law, Ag and Market Section 359-A.

Trooper Terry Ginyard, assisted by Trooper Richard CeCee, stopped Kiehl in Barker, New York and charged him with 17 counts of failure to have a secondary door in his trailer. ( 17 horses on board = 17 counts).

New York law states that 2 doors are required for ingress and egress, not on the same side, for trailers designed to haul more than 6 horse. It should be noted that when the transport bill was introduced in New York, trailer manufacturers across the country were consulted so that the law would not affect the horse hobbyist.

The March 18 trial of Kevin Nickerson on similar, but more extensive charges to those of Arlow Kiehl, has been postponed. Nickerson, who claimed ignorance of the law and first offense, had pled not guilty to his January 19 arrest. However when Asst. District Attorney Cheryl Echan learned that both statements were false, she was unsympathetic to Nickerson's attorney plea bargain request, thus the latter requested a postponement. In fact, Essex County, New York has a case pending against Nickerson Livestock involving violation of the same law.

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OUTCOME OF CASE

March 23, 1998 case in Broome County, NY- Fine
- Pleads GUILTY & PAYS $500.00 Fine

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UPDATE: On April 1st, Nickerson Livestock was found guilty in the Kirkwood Town Court, NY, and fined $3000 ($100 per horse).

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A Sad Situation

PAPER HORSE, June 1998 issue

Connie Fenner, Mifflintown, PA 717-527-4848

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A Standardbred was one of two animals that had to be put down after being loaded on a trailer owned by a livestock shipper from New York.

The horse was seen to be in distress by bystanders after being loaded onto a trailer owned by Arlow Kiehl outside the sales arena in New Holland, Pa on April 27th.

A veterinarian, an officer of the Lancaster Co. Humane League, and the local police were summoned. The Standardbred and a mule were diagnosed as each having a broken leg, and were immediately put down by the veterinarian. It was reported that the mule had come from another auction and that his injury was not a fresh one.

Kiehl had been scheduled to go to trial in New York on April 30th for previous alleged violations of New York law regarding the humane treatment of animals being transported over the road; but he received a continuance from the court and a new trial date of May 12th.

Kiehl told authorities that he did not know how the animals got on his trailer. The Lancaster Co. Humane League says they have intentions of filing citations.

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NOTE- No one was ever held responsible for the abuse of the mule or the Standardbreds on the trailer.

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Some Int-"Arresting" Events

PAPER HORSE, August 1998 issue

Connie Fenner, Mifflintown, PA 717-527-4848

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Hauling horses on double-tier cattle trailers is against the law in New York. It's akin to transporting a Great Dane in a cat carrier.

Since many of these double deck 'torture trailers' have a point of origin at some Pennsylvania auctions and a destination at Canadian slaughterhouses, New York State Troopers are kept busy taking up the slack due to lack of viable transport laws in Pennsylvania. But thanks to a dedicated group of professional horsemen (Equine Placement Network), legislatators are starting to address the problem.

In the meantime, New York goes it alone (although six other states have transport laws on the books).

On June 9, Arlow Kiehl, a New York slaughter buyer, pled guilty in Barker Town Court (NY) to a March 23 arrest on 17 counts involving the illegal transportation of horses. He was fined $500. Trooper Terry Ginyard was the arresting officer.

On June 23. Arlow Kiehl again pled guilty to a Feb.23 arrest on 26 counts of illegal transport and paid a $2000 fme. Trooper Sturmer made the arrest.

The same party was arrested a third time on Saturday, May 30, just north of the Pa. state line in Painted Post, NY.

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The Pennsylvania State Police were present at the New Holland auction on July 6. Following is an excerpt from their press release on the subject:

Due to numerous complaints regarding the way horses were being transported from New Holland Sales Stables to various slaughterhouses and the condition of some of the horses being offered for sale at the auction.. a PCL State Police enforcement team.. visited New Holland.. One arrest was made... as well as suggestions to bring the sales stable into compliance with existing laws."

One has to wonder...what part of "no is being misunderstood?

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Thank The NYSP!
Watch the Cheering Horses Dance!

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Arlow Kiehl was again arrested on August 24, 1998 in Cortlandville, New York on 16 misdemeanor charges. The case went to trial on December 9, 1998. Mr. Kiehl was aquitted by a jury. The jury did not believe that Mr. Kiehl would cause harm to his horses. Only AFTER the trial did the jury learn all the facts, that the horses' final destination was a Canadian slaughterhouse, & not Mr. Kiehl's farm.

More arrests have followed. In December 1998 a driver for Arlow Kiehl was arrested by NYSP in Kirkwood, NY. Carlton Simmons was later convicted on 8 counts of illegally using a double deck trailer to transport horses.

In August 1999 the NYSP again arrested Arlow Kiehl for using a double deck trailer to transport horses. As of November 2000 the case had yet to go court.

In June 2000 the PA State Police arrested Arlow Kiehl and his driver for transporting horses in a cruel manner under Title 18, Section 5511(e).

In August 2000 Arlow Kiehl was convicted in Manheim, PA by District Justice David Miller. Judge Miller fined Mr. Kiehl $200.00.

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