Animal cruelty charges filed against former trainer Maria Borell seven years ago were dismissed July 20 in a Kentucky district court.
Allegations of cruelty to animals in the second degree involving 43 malnourished horses were brought against Borell and her father, Charles Borell, in late June 2016 after a deputy state veterinarian found the horses on a farm in Mercer County, Ky., while investigating the whereabouts of two missing Thoroughbreds. Alleged failure to provide adequate food, drink, and health care gave rise to the charges, which state only one side of the case.
Charles Borell was quickly brought in and was freed after posting bail two days later. Three months after being charged, he entered a guilty plea to nine counts. Maria Borell, who was working in Florida, turned herself in last year and posted a $7,500 cash bond as a condition of release.
To attain a conviction of Maria Borell, Mercer County Attorney Ted Dean would have to prove beyond a reasonable doubt that she was responsible for the condition of the malnourished horses to a unanimous jury of six persons. The order of dismissal, signed by Mercer County District Judge Patrick Barsotti, was entered by agreement of Dean and defense lawyer Russ Baldani.
"After everything happened, I was deprived of making a living and it took time to get resources together to fight the false accusations. I retained my first attorney in 2018," Maria Borell wrote in a Facebook post following entry of the order of dismissal. "The date of the first motion recorded in Mercer County was October 2018.
"The years to follow were rife with court delays and Covid. Mercer County did the right thing by dropping the charges and not wasting taxpayers' money on a trial: the facts for any culpability on my part simply were not there. I had no connection with the property in Mercer County, including the employees, care, and oversight of the horses. I was living and training horses 1,000 miles away in Florida for seven months prior. Those who know me, know I would never knowingly harm any animal. No animal in my personal care has ever been mistreated in any way."
The order requires Maria Borell's $7,500 bail bond to be paid to Thoroughbred Charities of America, which provided care valued in excess of $13,000 to the affected horses. An additional $2,500 held in escrow by Baldani will also go to the charity. Cash bail of $4,300 posted by Charles Borell was, according to an online court docket, "forfeited for restitution." As for jail time, he was sentenced to nine concurrent terms of 179 days, with 176 conditionally discharged for two years on conditions and three days credited for time served.
"I am happily forfeiting my bail money to Thoroughbred Charities of America in thanks for helping all Thoroughbreds then, now, and in the future," Borell wrote on her Facebook page.
Maria Borell last trained Thoroughbreds in the months before she was charged. Under her care, Runhappy won the 2015 Breeders' Cup Sprint (G1).
