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Dozens support Bauck at hearing
Published 11:50 a.m., May 2, 2009
A judge sentenced Kathy Jo Bauck to 20 days in jail Friday, saying the emaciation of a dog on the breeder’s New York Mills property was a result of neglect, not malicious treatment.
The sentencing came roughly a month after a jury found 53-year-old Bauck guilty of four counts of torture and cruelty to animals. All four counts were related to the discovery of an emaciated mastiff on Bauck’s property in May 2008.
The same jury cleared Bauck of two felony counts of cruelty to animals. The charges were brought against Bauck by a former employee who later admitted to connections with a national animal rights organization.
At Friday’s hearing, Judge Waldemar Senyk sentenced Bauck on one count of torture, which he said encompassed the other charges. In addition to serving the 20-day jail sentence, Bauck must pay a $500 fine and allow visits from humane society officials at the New York Mills breeding facility now owned by Bauck’s husband and daughter.
Bauck has a previous conviction of practicing veterinary medicine without a license, for which she served jail time in 2008. Senyk said Friday he did not have any clear and convincing evidence to suggest Bauck violated the conditions of that sentence.
Bauck was emotional throughout the proceedings, including during testimony from family and friends who spoke on her behalf. Rick Bolinske of Clitherall met Bauck 11 years ago through their New York Mills church and has visited her property several times. He disputed the suggestion Bauck would harm any of her animals.
“Kathy is a tremendously compassionate, caring person to each and every one of them,” he said.
Bolinske said Bauck is also compassionate toward people, particularly teens at her church and those she’s hired to work on her property.
The testimony was in stark contrast to the letters received by Otter Tail County District Court in the weeks since Bauck’s trial. Senyk said he had read about 50 of the letters, most of which were from Minnesota and asked Bauck receive a severe sentence. Many writers made claims based on inaccurate information and a misunderstanding of Minnesota law, Senyk said.
In his comments, Bauck’s attorney, Zenas Baer, said letter writers showed a “fundamental misunderstanding of what a dog is under Minnesota law” — personal property.
“The letters are full of innuendos, falsehoods, hearsay and down-right, flat-out lies,” Baer said. “It’s a full-court press by an interest group to influence this court,” lawmakers and the governor, he said.
Baer also referenced an interview with Bauck’s accuser, Jason Smith, in a March issue of Time Magazine. The article quotes Smith referring to himself as “a professional liar.”
Heather Brandborg of the Otter Tail County Attorney’s office had asked for a sentence of 30 days in jail and a fine of $1,000. She’d also asked the animals on Bauck’s property be seized.
In his sentencing, Senyk said the facts in the case suggested neglect, not intentional, malicious treatment, on Bauck’s part. At the time the accusations were made, Bauck was keeping 800 to 1,000 dogs on her property.
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