Once the district attorney’s office became aware that the return of the horses was forbidden under state laws, the office asked the Court for the plea agreement to be set aside and the horses removed from the O’Sullivan custody. The defendant, John O’Sullivan asked that the plea agreement be honored. This week that matter was taken up in Court with Judge Richmond, who ruled that the plea agreement could not stand because of the illegality of some of its terms. -Specifically, the DA’s office had asked the Judge David Richmond to order the defendants to return the two horses in their custody to Animal Control. Judge Richmond denied that request.  Whether the O’Sullivan’s can ultimately keep the two horses, will be determined at the conclusion of the case.  The DA’s Office then asked the Court to reinstate the charges against Mrs. O’Sullivan, as those charges were only dismissed as part the plea agreement reached with Mr. O'Sullivan.  Now the DA’s office will begin, almost from the beginning of the case, as will Defendant John O’Sullivan. The original case never went to trial and O’Sullivan once again faces the 5 felony animal abuse charges. The three horses (now including a newborn foal) that were seized and turned over to the care of the Foundation will remain there pending the final outcome of this case.