THE COURT: Miss Lamp?
MS. LAMP: We call Dr. Judy Marteniuk, Your Honor.
THE COURT: Step up here, Doctor. Stop and raise your right hand. Do you solemnly swear or affirm the testimony you will give in this matter will be the truth, so help you God?
DR. MARTENIUK: I do.
THE COURT: Come around and watch your step. The chair is on rollers, so be careful. The microphone isn’t going to make you any louder, so make sure you speak up loudly and distinctly for us.
THE WITNESS: Okay.
THE COURT: State your full name.
THE WITNESS: Judith Viola Marteniuk.
THE COURT: Spell your middle name please.
THE WITNESS: V-i-o-l-a.
THE COURT: Last name please.
THE WITNESS: Marteniuk, M-a-r-t-e-n-i-u-k.
THE COURT: Thank you. Miss Lamp?
MS.
LAMP: Thank you, Your Honor. JUDITH
VIOLA MARTENIUK, DVM
Called at 2:59 p.m. by the People, sworn by the court, testified:
DIRECT EXAMINATION (At 2:59 p.m.)
BY MS. LAMP:
Q. Dr. Marteniuk, what is your profession?
A. I’m a veterinarian.
Q. And how long—-are you a licensed veterinarian?
A. Yes.
Q. How long have you been a licensed veterinarian?
A. For thirty-two years.
Q. And did you go through any schooling to become a veterinarian?
A. Yes.
Q. How many years?
A. Six-—two years of pre-vet, four years of veterinary school.
Q. And did you receive any additional training upon completion of veterinary school?
A. Yes. I’ve done both an internship and a residency and a master’s.
Q. And what’s the master’s in?
A. Nutrition.
MS. LAMP: Okay. And—-Your Honor, I would move to qualify Dr. Marteniuk as an expert witness in the field of--let me ask you which field. Would veterinary medicine sum up your field?
THE WITNESS: Yes.
MS. LAMP: Okay.
THE COURT: Do you gentlemen have questions?
MR. DUNGAN: Not-—I’ll defer my questions.
MR. HURST: Same.
THE COURT: You don’t have any then, I’m sorry?
MR. DUNGAN: Not right now, no.
THE COURT: Okay. We’ll allow the doctor to testify in veterinary medicine.
MS. LAMP: Thank you.
BY MS. LAMP:
Q.
Dr. Marteniuk, did you have occasion to treat a horse that came from the
horse farm located in
A. Yes.
Q. Okay. And could you describe the horse?
A. He was, we were told at the time he was a year old paint that was in poor body condition, had, you know, severe mites and was also very painful on the hind end.
Q. Okay. And the horse was brought to your facility for treatment, correct?
A. It was brought to the clinic for evaluation and potential treatment.
Q. And what did you observe during the course of your evaluation?
A. Well, as I, you know, initially stated, that he was in, you know, poor body condition, he had a very severe, you know, case of lice, probably one of the, you know, the worst I’ve seen. I have some very good teaching pictures that I took of him. And that when we asked him to move, he was extremely painful on the hind end and was very reluctant to, you know, move at all. We, you know, typically try to weigh our animals and we felt so sorry for him we didn’t even take him to the scale which is at the other end of the hospital.
Q. Okay. And when you say teaching photos, what do you mean?
A. Typically we’re both a primary facility, a referral facility and a teaching hospital, so our cases if there’s something interesting, both end up teaching the clinical students on, you know, the current rotations, but also serve as material for our lectures for the students in their early years of training.
Q. And you actually took some photographs for that purpose of the lice on this horse?
A. Yes.
Q. Okay. And I’m going to draw your attention here, this is marked as People’s exhibit five up here with the red tag. The photograph on the top right, is that the photograph of the lice?
A. Can you turn him a little bit—-
Q. Oh, you betcha.
THE COURT: Gentlemen, do you have any objection to number five? It hasn’t been admitted yet.
MR. DUNGAN: No.
THE COURT: You okay with it?
MR. HURST: No objection.
THE COURT: Five is admitted.
MS. LAMP: Thank you, Your Honor.
(At 3:02 p.m. PX 5 admitted)
BY MS. LAMP:
Q. Is that better?
A. Yes.
Q. Okay. So drawing your attention to that one, is the top right photograph on that board, is that depicting the lice?
A. Yes, it is.
Q. Okay. And were you able to diagnose any problems with the horse?
A. We ended up putting the horse under anesthesia, and, in radiology, and taking some films of his hip and showed very severe degenerative arthritis of the right hip.
Q. Okay. And is this, what is this here on the, the third picture down on the right?
Q. The third picture is with him in one of our rooms in radiology under anesthesia being rolled up on to, you know, a radiographic plate for radiographic evaluation of this pelvis.
Q. And what is this depicting here on the second photograph down on the right hand side?
A. Just his poor body condition.
Q. Okay. And up here on the top left side?
A. Again, you know, poor body condition, but just, you know, taking a picture at him from the front.
Q. Okay. And the picture, second picture below on the left side.
A. Again, just taking different views. Sometimes it’s very hard in pictures to depict, you know, the body condition, so we were just taking multiple pictures.
Q. Okay. And what is this depicting here on the third picture down?
A. That’s a picture of his radiograph showing the pelvis and both the right and left hip and the severe changes in the right hip.
Q. Okay. And the lower picture?
A. The lower picture is this, you know, after the radiograph and, you know, and I’m not sure, I can’t tell you, I was trying to remember right, that was still when we were waiting permission I think to, you know, because we, anesthetic machine was still there, when we were waiting permission to put him down because it was so severe.
Q. Okay. Now, can you tell me more about this condition that you diagnosed the horse with?
A. It’s a severe arthritic condition. Causes can be trauma, can be infection, but it was a longstanding condition. It wasn’t something that happened, you know, acutely.
Q. And when you say it was longstanding, how longstanding would that have been?
A. Probably months.
Q. Okay.
A. But, you know, a radiologist could tell you more specifically how long it takes for a bone to become that sclerotic or that white around the area.
Q. Would that be Dr. Rosenstein?
A. Yes.
Q. Okay.
A. She’s the radiologist that reviewed the pictures.
Q. Do you know if she is going to be back in the office tomorrow?
A. I understand she’s out of country, but I think she’s coming back this week.
Q. Okay, all right. And can you point to this radiograph here and kind of explain what it is that we’re seeing on that please?
A. What you’re looking at, this is the pelvis of the animal. This is his left hip, and the hip joint just like in a person should be very rounded and very smooth and the outside of the joint should be nice and rounded and the bone should not be excessively white or what we call sclerotic in the area. If you look at this one on his right side, this area is much whiter around here and in here, plus the fact this isn’t nice and round, it’s very irregular. It’s not even just bumpy, you know, on a round surface, it’s actually crushed, you know, this area should be much rounder, it should come around like that, just like this one.
Q. Okay. Thank you. Is there anything else you can tell us about that condition?
A. Well, other than it was longstanding and either could be a traumatic injury, you know, type thing or it could have been you know, infection in the past. At this point in time it’s hard to say what initiated the problem.
Q. Okay. And what was the outcome of your examination?
A. There, unfortunately, you know, if this were a human or a dog we would have done a hip replacement and large animals that isn’t an option and so for, you know, the humane treatment of the horse, we euthanized him.
Q. Okay. Dr. Marteniuk, in your opinion did this cause the horse pain?
A. Arthritic, you know, disease is extremely painful in any species.
Q. And would there have been outward signs to understand that the horse was having some problems?
A. Yes. He would have been what we call lame or reluctant to move.
Q. Okay. And could you describe what lame is?
A. Lame is when something hurts and you don’t move with a normal gait, so in a mild case you would maybe just see them step a little shorter or maybe move their head inappropriately when they’re moving. The more severe the lameness would get, it would get to the point where they would be very reluctant to even put the leg down and use it.
Q. And do you believe that this horse Seven in your expert opinion would have suffered torture as a result of that, torture being defined as agony of body or mind?
A. Yes.
MS. LAMP: Okay. Dr. Marteniuk, I don’t have any additional questions for you, but the other attorneys probably do.
THE COURT: Do you gentlemen have questions for the doctor? Mr. Dungan?
CROSS-EXAMINATION(At 3:08 p.m.)
BY MR. DUNGAN:
Q. Doctor, what date did you receive this horse for examination?
A. On four eleven.
Q. And is that the same date that the photographs on the board were taken?
A. Yes. These were taken with my camera and because I use them for teaching a lot and to try and remember when I took pictures, I leave my dating of the camera on at all times.
Q. Okay.
THE COURT: Except for the lower right one. Apparently--
THE WITNESS: Yeah, that’s not my picture. The other--
THE COURT: Is that the same horse, Doctor, as far as you can tell? The one on the lower right?
THE WITNESS: It appears to be by the markings, unless, you know, it’s highly unusual to have exact markings.
MR. DUNGAN: I can’t see the date from here, so--
THE COURT: I think Officer Wheaton testified about that.
OFFICER
THE COURT: March twenty-second?
OFFICER
THE COURT: Just for the record I just wanted that clear. Thank you.
BY MR. DUNGAN:
Q. When you received the horse on April eleventh, what body condition score would you give him?
A. I put him about a two to two and a half.
Q. The ideal being what?
A. Ideal being, you know, about five out of a nine point scale.
Q. Acceptable being what?
A. Four and a half. I will start counseling people if horses are below a four and a half or greater than a six.
Q. So the four point five to six range is going to be acceptable?
A. Acceptable. When they’re below that, they’re, you know, on the thin. If they’re above that, then we start talking about overweight issues.
Q. Were you involved at all with the necropsy that was performed on that horse?
A. Other than, you know, having it sent over to necropsy, no. It’s done in a different building and, you know, under a different department.
Q. And do you know the Dr. Kurt Williams that did the necropsy?
A. Yes, I do.
Q. Did you have any discussions with him after the necropsy about this particular horse?
A. I have not talked to him since--well, actually I had not talked to him even during, other than filling out the necropsy form.
Q. Okay.
A. So I have not talked to him at all since--
Q. So your total involvement with this horse just consists of assessing him while he was still alive and then making your recommendation for euthanasia.
A. Yes, it does.
Q. Did you do any type of medical report or record?
A. The medical record that I, you know, for the horse I brought down, you know, you know, for Jennifer Lamp today. She subpoenaed the medical records.
MS. LAMP: Your Honor, I received a copy of them just from Dr. Marteniuk prior to coming and I will provide copies of the medical records to both the attorneys.
THE
COURT: That’s what you’re giving them?
MS. LAMP: Yes.
THE COURT: The record will reflect she gave them something.
MS.
LAMP: That’s for all the horses that
were treated at
THE WITNESS: That’s for the four horses that we have seen at the clinic to date.
MR. DUNGAN: Oh, okay, all right.
THE COURT: Do you want a moment to go over those?
MR. DUNGAN: A moment’s not going to help, but thank you.
THE COURT: Well, just for Elvis here. Are we talking about Elvis here?
MR. DUNGAN: Yeah, this is Elvis, Lucky Seven.
THE COURT: I’ll be happy to give you a few minutes to do that.
BY MR. DUNGAN:
Q. The three major issues that Elvis had was the lice condition, being too thin and the pelvis--
A. The degenerative changes in his right hip.
Q. Okay. As far as a health issue, how would you describe the lice condition? I mean, is it something that’s going to, is that potentially fatal if it wasn’t treated in the next couple days or..
A. Lice itself isn’t typically fatal unless the animals are extremely young.
Q. Okay.
A. But it does, you know, typify usually animals that are, animals that have the most severe lice conditions are typically animals that are young, old or in poor body condition.
Q. Why is that?
A. It’s more the fact that these animals—-parasites typically have a symbiotic relationship with their host. Typically, you know, it’s unusual or the parasite doesn’t want to destroy the host except if—-
Q. Because he won’t have a place to live anymore.
A. He won’t have a place to live. But in animals that have, are very young and their, you know, immune system isn’t able to handle it yet, or very old for the same reason or in a poor body condition, parasites can contribute to the demise of an animal. Internal parasites can with other mechanisms as far as damaging blood vessels and intestinal tract, they can actually cause death, but--
Q. Did you do an internal parasite examination on this horse?
A. We did not on this horse.
Q. Okay. Now--
A. Well, I shouldn’t say that. Dr. Williams probably did on the necropsy.
Q. Okay. That’s not part of your exam.
A. No. We did not submit fecal on this one.
Q. Now, if this horse hadn’t have had the issue with the pelvis, what would you have done to treat the lice condition?
A. We would have recommended that an insecticide or a product that would kill lice would be put on at ten day intervals for three treatments.
Q. Is that like a lice powder?
A. A lice powder.
Q. Three treatments ten days apiece.
A. Apart. Because the powder, the insecticide only kills the adults, it does not kill the eggs, and to try and catch the eggs as they hatch, you know, that’s why the multiple treatments.
Q. So that’s a fairly minor problem that could have been cleared up in thirty days.
A. Yes. The other thing that happens is with spraying and shedding and lice like a long hair coat where they can kind of hide away from the light, as horses shed, the, even without treatment the lice condition—-it will never go away without treatment but it would not be as severe.
Q. And is lice a common condition with farm horses?
A. I wouldn’t say common. It’s not unusual but it’s not common.
Q. Okay.
A. Just because people, you know, can recognize the condition easily and treat it easily.
Q. When a horse develops a lice condition, it doesn’t necessarily mean it’s because the horse caretaker has done something wrong.
A. Not developing it. Not taking care of it is another issue.
Q. Once you recognize it—-
A. Right.
Q. The caretaker--
A. Once you recognize it, a good caretaker would take care of it.
Q. All right. If the caretaker of this horse had begun treating it for the lice condition say for three weeks before it got to you, how much difference would that have made with what you saw?
A. In the lice?
Q. Yes.
A. If they had only treated that individual horse, it may or may not have made a lot of impact because if horses are commingled you have to treat the entire population. Treating an individual is not going to solve the problem.
Q. What if he had been segregated by himself?
A. If he’d been segregated, his lice, you know, should have been under control.
Q. Even in three weeks?
A. In three weeks.
Q. Okay. So apparently to you nothing was done for the three weeks leading up to when you saw this horse.
A. I cannot answer that question, sir, I don’t know. All I can say is that if it had been treated for three weeks, had been segregated from other horses, you may still with close observation seen some parasite eggs, although not likely, but it would not have had a severe infestation.
Q. And this was the worst you ever saw.
A. Not the worst I’ve ever seen.
Q. Oh, I thought you said it was.
A. It was severe but not the worst I’ve ever seen.
Q. All right. You had X-rays taken of the pelvis or the hip, right?
A. Yes.
Q. And--
A. That picture is just a digital camera picture of the radiograph, that is not, I just took that on the viewer.
Q. Okay.
A. For, you know, complete, that’s not the original picture.
Q. And I don’t ask this question to challenge your qualifications in any way and I’m not trying to pick on you in any way. But as far as interpreting the X-ray, is that within your scope of expertise or is that something that you rely on the radiologist for?
A. A condition that severe any licensed veterinarian could interpret.
Q. Okay.
A. As to duration and things, that, you know, a radiologist can give you more information
Q. And is your dia--your official diagnosis of the hip injury in case I want to Google it and learn some information on it, is it severe degenerative arthritis?
A. Yes.
Q. Now, when Dr. Williams did the necropsy, his comments about the hip and pelvis I believe was a condition that he referred to as ostechondrosis. Are we talking about the same thing?
A. Osteochondrosis is a lesion where the cartilage doesn’t form right and then if there’s repeated trauma of that area the arthritic changes occur over time.
Q. Okay. So the two, you know, if, you know, you come here today and say the diagnosis of the hip pelvis is severe degenerative arthritis and Dr. Williams shows up tomorrow and says it’s osteochondrosis, are we, is that the same name for two different things or are you two in disagreement about that?
A. You would have to ask Dr. Williams on that note. I will tell you that osteochondrosis is not, it’s a condition that is multifactoral as far as genetics, nutrition and environmental, you know, the typical circle of environment, nutrition and genetics, and over periods of time if those conditions are not resolved and some of them, you know, a hip condition in a horse is an area that typically is not going to be a surgical site, they will lead to arthritic changes.
Q. As far as--
THE COURT: Can you spell that--
MR. DUNGAN: Yes. Osteochondrosis. O-s-t-e-o-c-h-o-n-d-r-o-s-i-s.
THE COURT: One word?
MR. DUNGAN: Right.
THE WITNESS: Yes.
THE COURT: Thanks.
BY MR. DUNGAN:
Q. If we want to I guess reach an agreement or consensus on exactly what the condition is called that was wrong with this horse’s hip or pelvis, would you defer to Dr. Williams’ findings as the person who performed the necropsy?
A. He would have the, you know, the closest ability to look at it and so I would defer to what he has to say.
Q. Okay.
A. All I can do is interpret the radiographs.
Q. I wanted to ask you since you showed up here first before Dr. Williams did, he did mention some findings about the pancreas in this horse and bear with me while I try to read this and I’m probably going to pronounce it wrong and yes, I’ll spell for you too.
THE COURT: Did you read the doctor’s report? The necropsy report?
THE WITNESS: I have not, you know, read it offline. I glanced at it really closely on line but I have not seen a written copy of it.
THE COURT: Okay. Go ahead.
BY MR. DUNGAN:
Q. He said as far as the findings in the pancreas he noted diffuse moderate depletion of zymogen granules. Does that mean anything to you?
A. You’re going to have to ask Dr. Williams.
Q. You got the same look on your face I did when I read this.
A. Yes.
Q. And then the testicles were described as not having descended.
A. Okay. So he’s a cryptorcid.
Q. Okay. Now, did you notice that on your exam?
A. We noticed he didn’t have any testicles but didn’t know if, you know, we didn’t have any history whether he’d been castrated or not castrated or--
Q. Assume he wasn’t and he just hadn’t descended yet, is that a significant finding to you?
A. It’s a typical, testicles should be present at birth. It, you know, is a genetic, you know, abnormality when, you know, testicles do not descend and horses can be what we call unilateral or bilateral cryptorcid; unilateral meaning only one has descended or--
Q. Do the bilateral.
A. Being both haven’t descended.
MR. DUNGAN: Okay. I don’t have any other questions, Your Honor. Thank you.
THE COURT: Can you spell the Z word that you…
MR. DUNGAN: Z-y-m-o-g-e-n.
THE COURT: And you had a crypt word you threw. How do you spell that one? C-r-y-p-t something? Are you writing it down, are you--
THE WITNESS: Well, I can’t spell, so you’d better write it first. C-r-y-t-o-r-c-h-i-d.
THE COURT: Okay, we’ll go with that. Were you done?
MR. DUNGAN: Yes.
MR. HURST: Just briefly, Your Honor.
THE COURT: You have some questions?
MR. HURST: Yes, Your Honor.
CROSS-EXAMINATION (at 3:22 p.m.)
BY MR. HURST:
Q. Doctor, when this horse was brought to you on April eleventh of ’07, it was brought to you by Leelanau Horse Rescue, is that correct?
A. That is correct.
Q. Are you familiar with that organization?
A. Yes.
Q. And what can you tell us about that organization?
A.
To my knowledge it was an
organization formed after an abuse case in
Q. Okay. And have you had contact with them before?
A.
I guess, I’m not sure they were really organized because I was involved
with the abuse case in
Q.
And how were you involved in the abuse case in
A. I was subpoenaed as well for that, you know, case and, you know, testified in court.
Q. Because you had examined the horses that were involved or something like that?
A. Yes.
Q. Okay. Now, when this horse is brought to you on April eleventh ’07 by Leelanau Horse Rescue, in the clinical history was it indicated to you that the horse had a fractured pelvis?
A. No.
Q. Did you look at the—-do you have your clinical history in front of you?
A. I have the original records here.
Q. The one that you brought down dated April eleventh, ’07? It refers to a clinical history and a radiology report.
A. Which page are you looking at?
Q. It’s marked fifteen at the bottom in handwritten numbers.
A. Okay. That’s the radiology report from Dr. Rosenstein.
Q. Okay. And does it indicate that the, in the clinical history that the horse was reported to have a fractured pelvis?
A. Rule out fractured pelvis, fractured head of femur. So that’s a rule out. It was what our working diagnosis was.
Q. Does that mean that they were being asked to rule those out or that they had ruled them out?
A. No. That, when you look at a patient you make what’s called a differential diagnosis, different things that we’re worried about might be present. It doesn’t say they are, it doesn’t say they aren’t, but it’s kind of what our working diagnosis is at the time. And so that was kind of the working diagnosis because of the pain and we had Dr. Nichols take a look at the horse as well. He isolated it primarily to the hip, and with the severe pain he had we were worried that he might have had a fracture in that area.
Q. A fractured pelvis or a fractured femur, correct?
A. Fractured head of the femur, kind of the end.
Q. All right. And were those two conditions ruled out by the examination by the radiologist?
A. Yes.
Q. Okay. And so those were found to be conditions that did not exist. Is that correct?
A. You did not have a fracture that was acute at the time of either the pelvis or the head of the femur.
Q. Now on page nineteen that has the number two pages below that where it says number nineteen circled.
A. Okay.
Q.
It says one of the horses involved in the
A. That’s, yeah.
Q. And that was reported by whom?
A. That was what we got when we, you know, questioned, you know, for the history that this horse had been down.
Q. The Leelanau Horse Rescue people.
A. Yes.
Q. And it went on to indicate that this horse, this colt was recumbent and needed assistance to rise since Animal Control and the rescue found the horse.
A. Yes.
Q. So does that indicate to you that this horse was found down in a crowd of horses by Animal Control and Leelanau Horse Rescue?
A. That was what I was led to believe, yes.
Q. All right. And in an earlier record did it indicate that the horse had believed to have been trampled by other horses? That would be on page nine. Number nine at the bottom of the page. Under case summary progress notes.
A. Yes. I’m just reading.
Q. Paragraph one.
A. That, you know, he’d been down and other horses had been walking around him is, yeah.
Q. It says that Animal Control had picked him up thinking he was dead because he was recumbent and being trampled. What does recumbent mean?
A. Recumbent means down.
Q. Oh, okay. And being trampled.
A. Being walked, you know, was unable to move as other horses were walking around him.
Q. All right. So he’s unable to move and other horses are walking around him and he was suspected to have been trampled, so Animal Control and Leelanau Horse Rescue brought him to MSU. Is that right?
A. They brought him on the eleventh to MSU.
Q. On the eleventh. And it was on the eleventh that it was determined following these X-rays that he had severe degenerative joint disease.
A. Yes.
MR. HURST: Okay, thank you. I have no further questions.
THE
COURT: Will you spell recumbent? Got to write that down too?
THE WITNESS: As soon as I go back so I don’t have to write
it down again. R-e-c-u-m-b-e-n-t.
THE COURT: Thank you. Miss Lamp, do you have any further questions?
MS. LAMP: Your Honor, Officer Wheaton just gave me some additional information about Dr. Marteniuk that I’d like to ask about. It would be outside the scope but it would be silly to call her back as a witness so I’d like to just go into that, if I may.
THE COURT: Is this like personal or professional information? Go ahead.
REDIRECT EXAMINATION(At 3:28 p.m.)
BY MS. LAMP:
Q.
Dr. Marteniuk, were you, at some occasion did you come to the horse farm
in
A. Yes, I did.
Q. Okay. And when did that occur approximately?
A. On April twenty-seventh.
Q. Okay. And what was the purpose in going there?
A. I had, you know, been requested to come down by the Leelanau Horse Rescue.
Q. Okay. And what did you do when you got there?
A. We came down with, you know, the veterinary students that were on the clerkship at the time and we walked around the farm. We body scored a number of horses that were brought to us. We, you know, walked through where, you know, I thought at the time weanling, but apparently yearling, you know, pen. Walked through the gelding-colt, you know, area.
Q. Okay. And what was the purpose of your coming down? Was it to body score?
A. To body score some of the horses since they’d been, you know, being under the control of the Animal Control and the rescue for about, I believe about five weeks at that time.
Q. And did you actually complete some type of body score sheet or did you do something for each of the horses?
A. For each of the horses that I physically touched I did a body score evaluation of those and then made some comments on some of the other horses.
Q. Is that report that you made, is it a fair way to call it as a report?
A. It was a letter, you know, written after the visit.
Q. Okay. Is that in the records that you brought us today?
A. It was one that I believe I faxed it to you or I sent it with Laura.
Q. Okay, all right.
A. No, it wasn’t that one, it was--I have a copy of it.
Q. Oh, okay. I don’t believe I’ve seen it.
A. I sent it with Laura I thought Monday when she was up looking at the bay mare.
Q. You can see we’ve got a lot of paper, so, you know, I don’t know that…
THE COURT: Do we need three copies?
MS. LAMP: I think we do, Your Honor. And while she’s doing the copies…
BY MS. LAMP:
Q. You did fax me this, I’m showing you what’s marked as People’s proposed exhibit twenty-seven. And do you recognize what that is?
A. Yes. That’s a body condition scoring that’s you know, typically used for body condition scoring horses.
Q. Is it that-—
A. Henneke?
Q. Yes. It’s that scale. And that just sort of illustrates the different body score counts. Is that correct?
A. It talks about on the one to nine scale what you expect to see for each body score and then talks about the different areas where fat is deposited on a horse.
Q. Okay.
A. By the graded areas.
MS. LAMP: And I provided defense counsel a copy of the same thing that Dr. Marteniuk gave me. They probably already had one of their own, but I’d move for admission of People’s proposed exhibit twenty-seven so that the court has a copy of that as well.
THE COURT: Gentlemen, any objections to twenty-seven?
MR. DUNGAN: No sir.
THE COURT: Twenty-seven is admitted.
(At 3:31 p.m. PX 27 admitted)
BY MS. LAMP:
Q. And Dr. Marteniuk, while we’re waiting for those copies, the other thing I wanted to ask you about is the BCS score, is that just to measure the body fat or does that measure other conditions about the horse?
A. No, it’s just to primarily measure body fat or body condition. It’s kind of like the, you know, I’m trying to think of the term for humans with the index score where they have a little ribbon where you’re supposed to fall as far as whether you have, you know, adequate body condition for you, you know, too thin or too fat or obese or…
Q. Okay.
A. So it’s very similar to that. But it was developed by Dr. Henneke.
THE COURT: Are you going to admit this then?
MS. LAMP: Yeah, I was thinking that might be a good idea, Your Honor.
THE COURT: No, if you’re not, that’s fine.
MS. LAMP: It should be twenty-eight.
(At 3:32 p.m. proposed PX 28 marked)
MS. LAMP: We’re moving to admit People’s exhibit twenty-eight.
THE COURT: Letter, to whom it to concern letter, number twenty-eight. Do you want to take a look at it for a minute?
MR. DUNGAN: I don’t have any objection, Your Honor.
MR. HURST: No objection, Your Honor.
THE COURT: Okay. Twenty-eight is admitted.
MS. LAMP: Thank you.
(At 3:33 p.m. PX 28 admitted)
BY MS. LAMP:
Q. And Dr. Marteniuk, could you just comment on the findings that you made?
A. We, like I say, we came, went down to the farm, I had a number of, you know, veterinarian students with me at the time. We body scored what the Animal Control considered the animals that were still of questionable, you know, body condition at that point in time and then just, you know, walked around the farm.
Q. Okay very good. And what, was there, you mentioned this in your testimony earlier about the, was it the yearlings, that they looked young?
A. Yes.
Q. Could you describe what you mean by that?
A. They looked more the size of animals that, you know, are typically weaned, you know, the size you would typically see in the fall.
Q. Okay. So they should have been larger?
A. I would have expected them to be larger.
MS. LAMP: Okay. I don’t have anything further. Thank you, Dr. Marteniuk.
THE COURT: Mr. Dungan?
MR. DUNGAN: No, Your Honor.
MR. HURST: No, sir.
THE COURT: Thank you, Doctor. May the doctor be excused?
MR. DUNGAN: Yeah.
(At 3:34 p.m. witness excused)