Breeder To Be Sentenced This Friday.

[dogbert]

Bauck To Be Sentenced This Friday

Kathy Jo Bauck is a dog breeder located in New York Mills, Minnesota. Bauck has operated her kennel, known as Pick Of The Litter (now owned by her husband and daughter) and Puppys on Wheels, for over 20 years. At one time, per USDA inspection reports, Bauck was operating with over 1,300 dogs/puppies in her kennel and 32 different breeds.

Due to an undercover investigation conducted by Companion Animal Protection Society, Bauck was charged with multiple counts of animal cruelty and torture.

On March 24, 2009, a jury found Kathy Jo Bauck guilty on four misdemeanors (three counts of torture, one count animal cruelty).

Information about this breeder, the trial and investigation (including news articles and the undercover investigation video) is posted on the Animal Folks MN website. Go to News: Bauck.


Time and place
Bauck's sentencing is scheduled for this Friday, April 24, at 3pm at the Otter Tail County Courthouse. Court dates are subject to change. If you plan on attending, please call the Otter Tail County Court Administration at 218-998-8429 to confirm day and time. Also, please be aware: As with all sentencing, the judge may choose to rule from the bench (give the sentence at that day and time) or postpone the sentencing for a later date.

Letters to the Judge
Letters can be sent to the judge requesting that a strong sentence be imposed. If you haven't already sent a letter, the address is below.


Honorable Judge Waldemar Senyk
121 West Junius Avenue, Suite 310
Fergus Falls, MN 56537
Fax: 218-998-8414 (a fee of $25 is charged)
Email: does not accept emails
Case #56-CR08-2271


Please be respectful, brief and professional in your writing, as this will better support animal protection efforts. (Letters received by the prosecution have already been forwarded to the probation officer assigned to this case.)

(There is more to this article but it's VERY long.)

[Wylie's Mom]

Hope she gets the MAX penalty.

Interesting they were busted by CAPS - I've actually been looking into supporting them.

[dogbert]

Here is what she could get:

Bauck: Miscellaneous questions

1. What are the specific counts and statutes?
Kathy Jo Bauck was found guilty of the following:

Count 3 (torture) 343.21 sub. 1
Count 5 (torture) 343.21 sub. 1
Count 6 (torture) 343.21 sub. 1
Count 4 (animal cruelty) 343.21 sub. 7

2. Is the undercover video of Pick Of The Litter available to be viewed?
Yes. Go to Pick Of The Litter: Undercover video


3. Where can I learn more about the Bauck case and trial?
The Animal Folks MN website has a profile of this breeder/case. Go to News: Bauck. You can also go directly to the Companion Animal Protection (CAPS) website to review court documents and previous investigations.


4. What type of sentencing could this breeder get?
Bauck was found guilty on four misdemeanors. A misdemeanor is up to 90 days in jail per each count and/or up to a fine of $1,000 per each count. However, under MN law 609.15, the court can specify if a sentence shall run concurrently or consecutively. Per 609.15, "if the court specifies the sentence shall run consecutively and all of the sentences are for misdemeanors, the total of the sentences shall not exceed one year."


5. Is Pick Of The Litter still operating?
Yes. Dogs continue to be bred and sold from this kennel. Animals from this facility have been delivered to a dog auction in Ohio. Also, per health certificates filed, puppies have been sold and shipped in the past three months to businesses across the United States, including locations such as:

Fresno, Ohio
Williamsburg, Indiana
Middletown, New York
Sufferyn, New York
Millersville, Maryland
Newington, New Hampshire
Orlando, Florida
Sanford, Florida
Queensbury, New York
West Hartford, Connecticut

6. Didn't the court order a humane society to inspect the facility?
No. At the time of the verdict, Judge Senyk ordered that the USDA and the appropriate humane society be notified of the verdict. The State made the request to the court that inspections be allowed. The court also has the ability to place restrictions, as indicated in subd. 10 of Minn. Stat. 343.21:


If a person is convicted of violating this section, the court shall require that pet or companion animals that have not been seized by a peace officer or agent and are in the custody or control of the person must be turned over to a peace officer or other appropriate officer or agent unless the court determines that the person is able and fit to provide adequately for an animal. If the evidence indicates lack of proper and reasonable care of an animal, the burden is on the person to affirmatively demonstrate by clear and convincing evidence that the person is able and fit to have custody of and provide adequately for an animal. The court may limit the person's further possession or custody of pet or companion animals, and may impose other conditions the court considers appropriate, including, but not limited to:
(1) imposing a probation period during which the person may not have ownership, custody, or control of a pet or companion animal;
(2) requiring periodic visits of the person by an animal control officer or agent appointed pursuant to section 343.01, subdivision 1;
(3) requiring performance by the person of community service; and
(4) requiring the person to receive psychological, behavioral, or other counseling.


Minnesota has no State laws that regulate the dog and cat breeders; therefore, no State agency has been granted the authority to inspect breeding kennels. S.F. 7/ H.F. 253 is a regulatory bill, which would give the State that authority.

[KimberlySRN]

Oh my goodness. How can people be so cruel. She picked them up by what ever part she grabbed!! I can't believe this women and the people that worked for her. I hope she gets the worst sentence they can give her!!

[dogbert]

I asked if the trial was over and what the outcome was, this is the response.


Yes. Not good. We posted the sentencing on the Animal Folks website.
Click on News: Bauck on the home page (it's under Resources).

Basically, the Court sentenced Bauck to 15 days in jail, $500 fine, 80 hours community service and supervised probation for one year. The kennel still operates under the ownership of her husband and daughter.
No animals were seized.

We'll be sending out an email soon to everyone (Animal Folks database) with a few suggestions as to what steps can be taken.

This proves again why regulation of this industry is needed --- we have to get the regulatory bill passed.

[paulalowe6]

That ruling is ridiculous!IMO she should have gotten life and how are they still allowed to breed these poor innocent babies? This is so sad

[dogbert]

Unbelievable isn't it? How sad for the animals who will continue to die there.

[dogbert]

Another follow up from another source:



1. ASPCA Experts Help Secure Puppy Mill Conviction


This past March, Dr. Melinda Merck, ASPCA Senior Director of Veterinary Forensics, helped secure an animal cruelty conviction by testifying in the trial of Kathy Bauck, operator of Pick of the Litter Kennels. The New York Mills, MN, breeder sells animals to pet stores and online—and has at times housed more than 1,300 dogs of at least 32 different breeds. Bauck was arrested in August 2008 and charged with several counts of felony animal cruelty, torture and practicing veterinary medicine without a license. On March 24, after a 4½-day trial and six hours of deliberation, a jury cleared Bauck of felony charges but found her guilty of four misdemeanors (one count of animal cruelty and three counts of torture).

In early 2008, a freelance animal cruelty investigator, Jason Smith, began working at Pick of the Litter to gather evidence against Bauck. Smith submitted testimony and videos of alleged abuse to Otter Tail County sheriff’s detectives last May. The videos included footage of injured, ill and emaciated dogs, as well as of Bauck dunking dogs in vats of insecticide. “The veterinarian working with the prosecution contacted me about one month before the trial started,” recalls Dr. Merck. “I was asked by the prosecutor to review all the video and case files and provide expert opinion.”

With a history of complaints and citations against her—including a 2006 cease-and-desist order from the Minnesota Board of Veterinary Medicine for performing surgery on animals without a veterinary license—Bauck is well known to ASPCA investigators. “Kathy Bauck has been a chronic problem,” states Bob Baker, ASPCA Anti-Cruelty Initiatives Investigator. “I visited her facility in 1998 and reported her to the USDA for violations of the Animal Welfare Act—but as far as I know, there was no follow-up on the part of USDA.”

At her sentencing hearing last Friday, May 1, Bauck was sentenced to 90 days in jail, with 20 days to be served right away. The other 70 days were “stayed,” meaning they will be served only if she violates her probation. The judge also sentenced Bauck to 80 hours of community service and ruled that if she plans to continue participating in operating the kennel, she must allow unscheduled inspections—and that inspectors must be allowed entry into ALL areas.

[chattiesmom]

What a heartbreak that the sentence wasn't harsher. I cannot understand why the facility was not completely shut down and why they were forbidden from EVER owning an animal of any kind.

Sometimes the system sucks.

I understand that inmates hate animal abusers, I hope she gets a taste of her own evil while she is serving her 20 days.

[dogbert]

Well by the sentence this woman got you can see why people who own/run puppy mills are not afraid of the law or anyone else. As bad as her place was she hardly got a slap on the wrist and is still in business. The whole thing was more of an inconvience to her than a threat of punishment. The other puppy mills have been watching to see the outcome of this trial. I'm sure they no longer feel threatened either. My heart breaks for the animals.

[livingdustmops]

The people of this state should be outraged and ashamed of the laws in their state to allow this to happen This cruelty has been going on since 1998 and the most she gets is 20 days! This is beyond disgusting and I hope that people protest and $$$ is raised to keep the public aware of what is going on with this woman and her family. I would rather see these poor animals put down then let them go through the pain and torture she has put her animals through and continues to put through. HOw many animals have to die and suffer in pain before something will change. I don't understand how anyone can say the laws we have in place are adequate especially with USDA approved kennels (which this woman is).

[dogbert]

This IS my state I wrote a letter to the judge, that was really all I could do. I agree laws need to be changed SOON!

[Nancy1999]

According to an animal welfare site, CAPS, Kathy Bauck had several businesses under different names.

Kathy Bauck's Internet Puppy Businesses
Pick of the Litter, aka Puppys on Wheels and POTL Puppys
In 2007 and 2008, Kathy Bauck sold 180 puppies in a 10 month period to individuals all over the country. Between November, 2007 and November, 2008 Kathy Bauck sold 262dogs online.

Bauck had two online websites: www.puppysonwheels.com and www.potlpuppys.info (POTL stands for Pick of the Litter)

She also promoted her online businesses through these websites:

Domesticsale.com

Chicago.kiji.com
Hoobly.com
Puppyfind.com
Mypetlisting.com
Ads may be listed under Corinne, who is Kathy's daughter.
Her USDA license is now listed under Puppys on Wheels. Kathy Bauck's Internet Puppy Businesses

Here's a partial quote from one of their investigations:

Several Shelties housed underneath a pole barn had no hair. One CAPS investigator saw a dog with a prolapsed uterus. He also encountered a Dalmatian licking her dead puppy. The mother dog picked up the puppy several times and desperately tried to hand it to our investigator so that he could help her. According to a former Pick of the Litter employee, Ms. Bauck left puppies with the mother dogs so they could grieve. This employee claimed that dead puppies sometimes stayed in mothers' pen for as long as a week. Because Ms. Bauck's husband came into the kennel, the CAPS investigator was unable to take a photograph.

According to a former employee who filed a complaint with the Otter Tail Humane Society, Ms. Bauck threw dead dogs in a manure spreader. This employee saw her throw live newborn puppies in the spreader. The employee rescued the puppies. This employee stated that Pick of the Litter had animals buried out back or burned in the wood burner. In addition, she claimed there were dead dogs under the hay shed and in the silo.

Another former employee told the local humane society that Ms. Bauck made her hold down a mother dog while the owner did a C-section without adequate anesthesia. The mother and puppies died. CAPS Investigation (Fall 1997) - Companion Animal Protection Society

I get really upset when people say they buy their dog over the internet without checking kennel conditions. Look at all the places she sold her dogs. Everyone always says, "she was so nice, over the phone." If you buy a pet over the internet, or through a pet stone, you are condoning the suffering of thousands of dogs.

[dogbert]

5. Is Pick Of The Litter still operating?
Yes. Dogs continue to be bred and sold from this kennel. Animals from this facility have been delivered to a dog auction in Ohio. Also, per health certificates filed, puppies have been sold and shipped in the past three months to businesses across the United States, including locations such as:

Fresno, Ohio
Williamsburg, Indiana
Middletown, New York
Sufferyn, New York
Millersville, Maryland
Newington, New Hampshire
Orlando, Florida
Sanford, Florida
Queensbury, New York
West Hartford, Connecticut

[Obie]

Depending on what state and in what area they are zoned, if they are zoned in an agricultural area, they are considered breeding stock. Sorry folks, but I have followed this issue for many, many years. This is their living and that is how the agricultural department and supervisors in their districts look at it. And unfortunately support them for this is their livelihood. It is a hard and unfortunate reality for us to swallow. Keep supporting those puppies in the pet stores. Unfortunately, our buyers will never become educated, because they don't want to.