Well, they decided to move the court date to Feb. 25 BECAUSE the judge had already heard the story from another person. He was afraid he would be unwilling to give unbiased judgment on the ownership hearing AND the criminal trial. So, he recused as well. The prosecuting called me to tell me that the judge who was going to do the case said "to keep going and how angry he was the original judge had recused when she had no right to do it. He also told me that if he had taken the case, he would have already given the horse back "because it was an open and shut case. You don't even need a brain to figure it out."
The second judge has given me more hope. The DA is contacting the new judge to see when an approximate date will be so that I can pick up Max and suggested it be later in the day or the day after. He's also seeing if he can have a court ordered welfare check done (with photos).