As a Butler County judge ponders whether a Fairview Township man’s request to get his horses back belongs in his courtroom, another horse owner says she may wage a parallel request.

At a hearing Friday, Judge Timothy McCune allowed a half dozen lawyers to preview their arguments about whether he should proceed with an evidentiary hearing in the case of 49-year-old Brian Arendosh.

State police had filed animal cruelty charges against Arendosh on the same day six horses were removed from his Cherry Road property.

The charges later were dropped, but as of Friday, the horses still were in the possession of the Cabot-based rescue group, Equine Angels.

“I have the horses,” Pam Vivarito, founder of Equine Angels, announced in the courtroom.

Arendosh’s attorney, Al Lindsay, alleges the horses were taken by state police and Vivarito during an illegal search and under the threat that the media would be called to his property and criminal charges would be filed if he did not turn over the horses.

Arendosh gave up the animals, but charges still were filed and the media was alerted, Lindsay said.

Lawyers representing Equine Angels said Arendosh voluntarily gave up the animals, and they have a letter signed by him to prove it.

McCune said he was told that the district attorney takes the position “that who ever has the animals at the bequest of the commonwealth should give them back.” And Assistant District Attorney Richard Bosco, who attended the hearing, said prosecutors would present nothing if the issue went to a hearing.

The pivotal question, the lawyers agree, is whether the animals were seized by police or voluntarily given to Equine Angels.

However, lawyers representing Equine Angels as well as the state police say this issue already is being litigated in federal court, where Arendosh is one of five horse owners alleging their civil rights were violated when Equine Angels Rescue and state police took horses from their properties. The lawsuit also seeks the return of the animals.

After hearing from the lawyers, McCune said he will issue a decision later whether the case should continue in his court or if the issue in the federal court is identical and the case should only be heard there.

Meantime, midway through the hearing, Butler lawyer Michael Jewart told the judge that he will be making a similar request to get horses returned on behalf of his client, Elan Welter-Lewis of Clearfield Township.

Like Arendosh, Welter-Lewis’s 10 animals were taken when she was charged with animal cruelty. And also like Arendosh, the charges were later dropped by the district attorney.

But Jewart said the difference in his client’s case is that Welter-Lewis did not write a letter allegedly authorizing the removal of her horses.

“These animals were seized. Period,” said Jewart.