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Probe of kennel owner disputed
Published 10:55 a.m., November 28, 2008
The attorney representing a New York Mills woman charged with animal abuse used a hearing Wednesday to question the county’s investigation into his client.
Kathy Jo Bauck, 52, owner of Pick of the Litter Kennels in New York Mills, faces multiple counts of animal abuse, torture and practicing veterinary medicine without a license. The evidence against her is based primarily on testimony and undercover video footage from Jason Smith, a former employee with connections to the Companion Animal Protection Society (CAPS). Smith approached Otter Tail County sheriff’s detectives May 13 with disks containing video and text evidence of alleged animal abuse at Bauck’s facility. He terminated his employment there May 30.
In late September, Zenas Baer, Bauck’s attorney, filed a motion asking Otter Tail County District Court to drop all charges against his client due to lack of probable cause. Baer continued his argument at a hearing Wednesday, questioning the detective who spoke with Smith in May.
Det. Keith Van Dyke testified that the first time he met Smith was when Smith showed up at the law enforcement center in Fergus Falls May 13. Van Dyke had never heard of CAPS at the time, he said, and did not provide Smith with any instructions on proceeding with undercover work. Van Dyke said he reviewed Smith’s material and passed it on to the county attorney’s office. When he learned charges against Bauck were pending, Van Dyke contacted Smith, who quit a few days later.
Van Dyke acknowledged he had contributed to an earlier investigation of Bauck’s facility. He said he was asked to interview two people with connections to the kennel in March after an Aldrich veterinarian brought complaints about Bauck to the attorney general’s office in November 2007.
According to Allan Bauck, his wife was summoned to the Otter Tail County Courthouse April 28 for a disclosure meeting on earlier charges of practicing veterinary medicine without a license. Both Allan Bauck and the couple’s daughter, Corinne Peters, sat in on the meeting with Bauck and Assistant Otter Tail County Attorney Heather Brandborg.
During the April meeting, Bauck called the charges “bogus,” her husband said Wednesday, though she did admit to having sent medication through the mail and was willing to plead guilty on one charge.
According to Allan Bauck, Brandborg replied, “We have video evidence to show otherwise.”
When the family asked about the video evidence, Brandborg looked startled, Peters testified.
“She looked at her papers and said, ‘Oh, that’s for something else,’ and she kind of said it under her breath,” Peters said. Brandborg then left abruptly after telling Bauck to expect plea bargain information in the mail, Peters said.
Brandborg said Wednesday she could not address the situation without testifying as a witness herself, though she emphasized April’s meeting was in reference to a separate case.
“I don’t think it establishes any kind of agency relationship,” she said.
Judge Wally Senyk will determine whether or not Bauck’s case continues to a January jury trial after Baer and Brandborg submit written arguments later this week.
If a trial is held, Baer said Wednesday that the court needs more information on Smith, who has held a different legal name and another name informally.
“The reality is that the defense has a right to know who the accuser is, particularly when the entire case of the state rises and falls” on that person’s testimony, Baer said.
Baer asked that the court order Smith’s computer be provided for a forensic examination. The computer, Baer said, was used to download footage from an MP3 player and transfer it to the discs provided to law enforcement. Without the computer, authorities could not be sure how Smith produced the “video snippets” included in his accusation, Baer said.
Brandborg called a computer examination intrusive. Smith has said he is not withholding any information from the state, she said.
Referencing a decision by the Minnesota Supreme Court last year, Senyk said the court could not go on “fishing expeditions” to seek out the possibility of additionl evidence.
“I have not found good cause to believe yet that...information is being withheld by the state or the state’s witness,” he said.
For the same reason, Senyk said he could not order Smith or CAPS to produce all of their phone records. He did direct the prosecution to obtain relevant phone records between Smith, CAPS and county authorities, to which Brandborg said she’d already done everything she could.
Senyk also declined to take any immediate action to summon Smith or CAPS President Deborah Howard for questioning.
Bauck, her family and attorney declined to comment following Wednesday’s hearing.
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The Daily Journal is happy to host community conversations about news and life in Fergus Falls and the surrounding area. As hosts, we expect guests will show respect for each other. That means we don't threaten or defame each other, and we keep conversations free of personal attacks. Those who persist with racist, defamatory or abusive postings risk losing the privilege to post. To post a comment you will need to register. Or, if you're already registered but have not included your true, verifiable identity with your registration, you will need to update your account to include your identity. Effective Dec. 1, 2009, all posts appear with the commenter's true identity, which must be verified by site staff. Those who registered prior to Dec. 1, 2009, should be aware that once you update your information with your true identity, all prior posts under your user name will also indicate your true identity. If you do not wish to link yourself to prior comments, you should register again with a different user name.Posted by votedem (anonymous) on November 28, 2008 at 3:42 p.m. (Suggest removal)
I hope she gets the maximum punishment. Anyone who would harm an animal is scum.
Posted by Mel (anonymous) on November 28, 2008 at 5:03 p.m. (Suggest removal)
Since when is it against the law to give medicine to your own pets?? Have we all gone mad?
Posted by zyphus (anonymous) on November 28, 2008 at 7:43 p.m. (Suggest removal)
You can prescribe and give your own pets medicine if its an over the counter type medication such as most types of wormer's or flee an tic control. As for the surgeries preformed what type of surgeries are they? Docking tails an such can be preformed safely with very little knowledge and even though I would never consider it myself even neutering is not that complicated. Cattle an pig farmers perform these types of operations regularly and nobody ever questions it. So what types of operations are being preformed and what types of medications are being given? Without the answer to these two questions we are just assuming and we all know what that means...
Posted by MarkNelson (anonymous) on November 28, 2008 at 8:23 p.m. (Suggest removal)
Severe animal abuse, cruelty, torture and the sale of sick puppies has been going on in OtterTail County since at least 2006. WE first heard about the abuses from Eye Witness news in Boston when a famly's new puppy died 2 weeks after purchasing it from Kathy Bauck's websites. Heartbreaking for the young girl in the family who blamed herself for the dogs death.
What an Ottertail County, USDA, Mn Attorney General and local law enforcement disgrace for not rescuing the animals or at least taking over the care of the animals after the first evidence was received!
This is very hard to believe this can happen to us in Ottertail County. Even harder to believe the abusers are still not out of the puppy mill business and in prison yet.
Posted by jrjj (anonymous) on November 29, 2008 at 2:11 p.m. (Suggest removal)
"You can prescribe and give your own pets medicine if its an over the counter type"
"Docking tails and such can be performed safely with very little knowledge"
How can you add anything to those words of wisdom.
Posted by Mel (anonymous) on November 29, 2008 at 5:56 p.m. (Suggest removal)
I've watched the animal planet channel and have seen "veterinarians" put animals though all sorts of what I call torture, to "save the poor thing" and then still have to "humanely" kill it after all.
It would have been better to put a bullet in its head at the start to put the poor thing out of its misery rather than have them suffer!
Posted by Roger (anonymous) on November 29, 2008 at 9:18 p.m. (Suggest removal)
Do I understand that the filmed evidence is in snippets? That the one who filmed it is unavailable to the defense? That not all the film, nor the tools used to make it, are available either? Sounds to me like they could convict her of using the Death Star to blow up an entire planet, if this judge were in charge. Why not cooperate with the defense and produce these things? Surely they would just confirm the evidence, right?
Posted by MILLDOGMOMMY (anonymous) on November 29, 2008 at 10:20 p.m. (Suggest removal)
DO YOU PEOPLE IN BACKWARDS FERGUS FALLS/OTTER TAIL SEE THAT PUPPY MILLS ARE CONCENTRATION CAMPS FOR DOGS, THIS CASE IS BEING WATCHED ALL OVER THE U.S AND MORE THAN 17 COUNTRIES...AND THE WORLD IS WATCHING YOU COMMENT ON GIVING MEDS TO PETS, WATCH THE VIDEO PEOPLE....DIPPING DOGS IN INSECTICIDE IS HORRIBLE ABUSE, AS WELL AS BREEDING EVERY CYCLE, GETTING NO VET CARE, NOT GETTING INJURIES/SICKNESS TAKEN CARE OF BY A VET, FORCED BIRTH...RIGHT NOW OTTER TAIL/FERGUS FALLS IS THE MOST BACKWARDS ANIMAL HATING POOP SPOT ON THE MAP, YOUR COMMUNITY WILL BE KNOWN FOR HAVING KATHY BAUCHS CONCENTRATION CAMP FOR DOMESTIC ANIMALS, AND A COMMUNITY THAT DIDNT STAND UP FOR OR HELP INNOCENT ANIMALS. SHAME ON YOU, ANIMAL LOVERS IN FERGUS FALLS STAND UP FOR THESE ANIMALS AND SHOW SOME BA--S
Posted by jrjj (anonymous) on November 29, 2008 at 10:48 p.m. (Suggest removal)
Mel-Roger- Were you born stupid or is it a practiced talent?
Posted by Roger (anonymous) on November 29, 2008 at 11:23 p.m. (Suggest removal)
As for those tapes, we have 6 weeks summarized into 4 minutes for the news shows. How many parents would lose their children if someone could edit down 6 weeks to 4 minutes and turn the result over to the news media and the DSS? The person who took it is AWOL; no matter. It was edited, sure, but you can't find out how. At the evidenciary level, this isn't about Kathy Bauck, it's about us and our own rights. You don't like Ms. Bauck, so it's OK? Just hope everyone likes you, I guess, or you could be next.
Posted by jrjj (anonymous) on November 30, 2008 at 1:01 p.m. (Suggest removal)
Most of the comments, half truths are made by the defendants husband, her daughter, and the famous Zenas Baer. Look up his name and you will find the bizarre people he represents including a Minnesota woman, Dawn Nelson, who had her son circumcised after birth then sued the hospital, with help from Zenas Baer, who said they removed the most erogenous part and came to the conclusion that the operation would not have been found "attractive" to her sons future spouse/partner. The case was thrown out of court on appeal. It made worldwide headlines. Kathy Bauck and Zenas Baer are a match made in heaven (or hell). He is indeed a lawyer who looks up at the worlds most lowlife people.
Posted by Mel (anonymous) on November 30, 2008 at 1:12 p.m. (Suggest removal)
Just what did she do wrong? Prove it.
Posted by Mel (anonymous) on November 30, 2008 at 8:36 p.m. (Suggest removal)
Thanks USA1, point taken. I looked up the web site you gave.
According to the law, it appears that dogs, cats, and maybe horses are more important than cattle, swine, goats, and sheep. At least as far as needing a real vet to care for them.
Posted by judya (anonymous) on December 4, 2008 at 11:08 a.m. (Suggest removal)
get involved - write or email your state congressmen/women to get changes made in the laws - see the Animal Ark website(http://www.animalarkshelter.org/) and the AnimalFolksMN website (http://www.animalfolksmn.org/) - we need to speak out for the animals who depend on us for their well-being.
Posted by Dejohuwe (anonymous) on December 15, 2008 at 1:07 p.m. (Suggest removal)
This whole case is entrapment and militant. Have any of you been there and seen the truth???!!!! I have two of the most wonderful animals ever from this woman. They are sooo dear and loving. This CAPS has ruined a persons living and reputation by posting very bad sites and threating her buyers----long term clients. Why should anyone have the right to ruin another before any legal decisions have been made. Are we turning into a capitalist country. Are farmers no longer going to be able to take care of their animals. Wake up America before the government tells you you can take care of your Loved ones as you see fit!!!!!!!!!!!!!!!!
Posted by sally2614 (anonymous) on December 16, 2008 at 5:58 p.m. (Suggest removal)
May I remind everyone that in America you are innocent until proven guilty. I do not know Kathy Bauck personally. But I can tell you this-- I purchased a beautiful puppy from her. Kathy answered all my questions about Lizzy's mother and father. "Her mother is a dancer," she told me, "She loves to dance around on two legs!" She exclaimed. She shared with me her mother's history, her father's history-- like they were members of her own family. I called her a few of times when I purchased her, and later wrote her e-mail, told her how Lizzy was doing. She would always write me back, so did her daughter. They were so very pleased to her little Lizzy was doing so well and asked for pictures. She invited me to come and see her in Minnesota "any time," she said. Now does that sound like a monster? Doesn't to me! I'm older than Kathy-- I understand how a simpler life may seem different to some. I love my little Lizzy to death. I also loved my last dog, Duke. We had him 15 years. He became incompacited with arthritis. He needed surgery on his hip, he was losing his vision, he was becoming incontinent. The Vet recommended an operation. But Duke was 15. He lived a wonderful life, and he was at the end of his life. I chose to put him down. You can't believe some people told me I was cruel to an animal.
It sickens me to read the Kangaroo Court being put upon this woman. You don't know her. You have just read allegations, taken "snippets" of information and jumped to conclusions. Shame on you. You are so quick to defend the rights of our furry friends, as I would to. But not an the expense of ruining a person without having all the facts, and a fair trial. We are, after all, innocent until proven guilty. But before that ever happens, you've defamed her name without just cause.
Be careful, what goes around comes around as they say. Keep an open mind, and have compassion for all.
Friend of Lizzy -- Kathy's little furry friend, now my pride and joy!
Posted by MILLDOGMOMMY (anonymous) on December 19, 2008 at 8:43 p.m. (Suggest removal)
I agree that what goes around comes around, if the courts dont convict, God will, as animals are Gods creatures
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