Kennel neglect, unlicenced vetting - New York Mills, MN

Thursday, May 22, 2008

County: Otter Tail

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: Kathy Jo Bauck

Case Updates: 7 update(s) available

A New York Mills, Minn., kennel operator faces nine charges for events that allegedly took place in April and May.

Kathy Jo Bauck, 52, who operates Pick of the Litter Inc. at 51402 410th St., is charged with five counts of animal cruelty, two counts of torture and two counts of practicing veterinary medicine without a license, Otter Tail County District Court documents show.

The charges came after a kennel worker approached authorities and said he saw several instances of animal cruelty at the kennel, County Attorney David Hauser said Wednesday.

The kennel worker, identified in court papers as Jason Smith of the Companion Animal Protection Society, complained to the Otter Tail County Sheriff's Department on May 13 and gave investigators video and audio footage he captured with a recorder. He also took photos and video footage of two instances with a cell phone, court papers say.

- On April 22, Smith said he saw an injured female white American bulldog limping with wounds to both cheeks, with the left side being the worst. Smith said he was directed by Bauck to treat the dog's left cheek with "Clorox water"

Smith obeyed and said the dog kept pulling away as he dabbed the solution on the wound. Smith said that by April 26, the dog's cheek appeared to be infected and was bleeding again.

- On May 10, a pregnant English springer spaniel gave birth to a litter of nine puppies; two died at birth. Bauck told Smith she later treated the puppies' mother with a shot of penicillin/genocin.

- On May 5, Smith said he found a pregnant bichon giving birth to puppies. One was already dead and another was hanging from its umbilical cord. Smith reported the births to Bauck.

Smith said Bauck treated the mother with a shot of calcium sulfate to 'aid contractions,' then reached inside the mother to pull a puppy out -- without washing her hands.

Bauck and two female kennel workers worked to pull more puppies out. The three women used surgical clamps to remove the puppies, which resulted in one puppy's tail being torn off.

Bauck continued to pull tufts of puppy fur from the mother until she allegedly tore the rear leg off the dead puppy. On May 9, the mother dog was found dead in her pen. Her hindquarters were still covered in afterbirth.

This is not the first time Bauck has been accused of these charges.

Bauck pleaded guilty on May 19 to one charge of practicing veterinary medicine without a license. As part of a plea deal, four similar charges and one animal cruelty charge were dismissed.

She served 10 days in jail with 110 days stayed, and was fined $900 and given two years of probation.

The state Board of Veterinary Medicine also took action against Bauck in October 2006. The board ordered Bauck, who has never held a veterinary license, to stop performing surgeries and vaccinating dogs or puppies.

The action was taken after the board determined that Bauck performed neutering, hernia repairs and ear crops on dogs she owned, according to the order signed by Dr. John King, the board's executive director.

King could not be reached for comment Wednesday. It's unknown how the latest charges will affect Bauck's probation.

Hauser doesn't know if other kennel workers will face similar charges.

Several calls to the kennel and Bauck's residence were not answered on Wednesday.

Bauck made an initial court appearance on the latest charges Monday, Hauser said. She is slated for a probation hearing Monday.

Case Updates

A New York Mills dog breeding operation has finally shut down after years of alleged animal cruelty. Pick of the Litter was part of a 6 week undercover investigation conducted by a non-profit organization, which led to owner Kathy Bauck' USDA license being permanently revoked. Dr. Rose of Lakeland Veterinary Clinic in Perham said the so-called puppy mill has been the speculation of animal cruelty for nearly 30 years and Bauck has been abusing and killing innocent puppies. "There were dogs running loose. There were dogs in wire cages with their feet going through the bottom. There were feces. There were dead dogs lying around," Dr. Rose said. An organization called Bauck's attorney, Zenas Baer of Zenas Baer Associates said the investigation was fabricated and the undercover created a situation to use for the case. "She intentionally deprived an animal of water and food for several weeks," Baer said, "It was that one animal that caused the jury to convict Kathy Bauck." The evidence was presented against her. Bauck was convicted of for misdemeanor counts of animal cruelty and torture. She was only sentenced on one of the counts and her USDA license was revoked. "CAPS basically destroyed her business, destroyed her life and actually shattered her confidence and the ability to be an entrepreneur," Baer said. However, CAPS said Bauck continued to illegally sell puppies. After another investigation, the USDA took further action and Bauck agreed to surrender her license. Howard said she's happy action was taken but doesn't think this is the end. "I don't trust that she won't continue to do this," Howard said, "We're going to keep an eye on her. this woman can not stay away from dogs."

Source: ksax.com - Nov 4, 2011 Update posted on Nov 5, 2011 - 1:54PM

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.

Source: ASPCA - May 8, 2009 Update posted on May 9, 2009 - 12:02AM

A New York Mills woman accused of animal mistreatment has yet to be sentenced on misdemeanor charges. Kathy Jo Bauck, 53, was acquitted of two felony counts of cruelty to animals following a jury trial in March. Jurors found her guilty of four misdemeanors, including cruelty to animals and torture. Bauck was scheduled to be sentenced in Otter Tail County District Court on the misdemeanors last week, but a Friday hearing was held until May 1, according to court administration.

Source: Fergus Falls Journal - April 27, 2009 Update posted on Apr 28, 2009 - 1:39AM

In what became one of the region's most highly publicized animal cruelty related cases, a jury cleared New York Mills dog-breeder Kathy Bauck of two felony charges last week. Bauck was found not guilty on her two most serious charges. Bauck also faced three counts of torture and one count of animal cruelty and was found guilty of those four misdemeanor charges. The verdicts came March 24 after six hours of deliberation. Jurors heard closing arguments in the four and a half day trial. Bauck's trial included testimony from veterinarians, law enforcement and Bauck herself. Jurors also heard from Bauck's accuser, Jason Smith, and watched undercover video footage Smith filmed as an employee at Bauck's breeding facility last spring. The footage, which was aired across the country, showed images of wounded, seizing and emaciated dogs. Bauck testified during the trial and said some of the injuries occurred after Smith placed dogs in the wrong pens, leading to fights. She said she reprimanded him several times during his two-month employment, which ended the same day a daily logbook went missing. Bauck's husband and daughter are the owners of Pick of Litter Kennels as of April 2008. Bauck was the former owner of the facility and remains employed there. The judge requested representatives from the Minnesota Humane Society to visit Pick of the Litter Kennels to ensure the safety of Bauck's animals. A sentencing hearing will be held April 24 following recommendations from Otter Tail County Probation.

Source: Echo Press - April 5, 2009 Update posted on Apr 5, 2009 - 12:40PM

Team 5 Investigates exposed a Minnesota puppy mill that has sent thousands of dogs to pet shops all over the country, including Massachusetts. NewsCenter 5's Sean Kelly reported Sunday that because of the undercover video shot by an investigator for the Companion Animal Protection Society, the owner of the puppy mill is now facing charges. Fifteen hundred miles northwest of Massachusetts the relentless sound of barking can be heard from Pick of the Litter. There's no mistaking who's in charge. Kathy Bauck handles the leash for roughly 800 dogs at her Minnesota farm. The undercover video which has been turned over to police, shows Bauck is cautious about people determined to shut down her family operation that has shipped hundreds of dogs to Massachusetts pet shops for years. "I've never met so many liars, cheats and thieves in my life as I have in the dog business," said Bauck. In 2006, the Minnesota Board of Veterinary Medicine ordered Bauck to stop practicing veterinary medicine without a license. But she didn't. So last April, Bauck faced similar criminal charges, pleaded guilty to one count and spent five nights in jail. "This isn't a woman who's going to learn. She was doing work release and she continued to commit cruel and atrocious acts," said Deborah Howard, president, Companion Animal Protection Society, a non profit organization based in Cohasset, Mass. Dozens of dogs were left to suffer, including a mastiff whose leg was infected so badly he could barely stand. The undercover video shot by a CAPS investigator shows dogs that are sick, wounded and emaciated. "Kathy's most serious problem is denying veterinary care," said Howard. Court records show a CAPS undercover investigator reported seeing Bauck torture a bichon while it was having difficulty giving birth, to try and save a potential puppy sale. "Kathy is reaching in with these clamps pulling the puppy out. She broke off its tail and she broke off its rear foot and of course it died. I can't even imagine the pain," said Howard. The mother dog hemorrhaged and eventually died. Bauck told a CAPS investigator to dilute Clorox and rub it on the wounds of an injured bulldog. Now based on a CAPS investigation, Bauck is charged with practicing veterinary medicine without a license, animal cruelty and torture. She has pleaded not guilty to all charges. Court documents also show that Bauck dunked her dogs in a tub of toxic insecticide diluted with water that is only supposed to be used on livestock to control mange. The label clearly lists the hazards to humans and domestic animals. "Irreversible eye damage." "May be fatal if swallowed," and "harmful if absorbed through skin." Bauck is seen in the undercover video cautioning her workers, "It stings if it gets in your eyes. It also stings in your private areas so wash it off." But she didn't take any precautions with her animals. Bauck was shown soaking dogs in the dip, some of which were pregnant and nursing. Dr. Sheila Drellich at Angell Animal Medical Center told Team 5 Investigates the treatments are not acceptable for dogs. "There basically is no safe amount when you talk about the irritant and corrosive effects on tissue," said Drellich. Team 5 Investigates has learned the United States Department of Agriculture cited Bauck in the past for failing to provide adequate veterinary care, expired drugs and uncovered flooring. She was ordered to correct those violations immediately. Yet puppies' paws still fell through slats. "You can develop all sorts of wounds and fractures," said Drellich. Bauck is seen in the undercover videotape trying to fool a federal inspector telling workers to put mats down in cages only when she's around. "And the minute she leaves we pull them up," said Bauck. She also wanted all unprescribed medication hidden. "All drugs out of site," said Bauck. So who would want to buy puppies from a place like Pick of the Litter? Team 5 Investigates discovered Bauck has shipped hundreds of dogs to area shops in the past year including Laughlin Kennel in Oxford, Precious Pups in Hudson and Elite Puppies and Grooming in Webster. All three shops say they stopped doing business with Bauck. "Do you think these pet shops know who they're dealing with?" asked Kelly. "Reputable breeders do not sell to pet shops so it doesn't surprise me that pet shops buy from facilities like this," said Howard. But it did surprise several owners we tracked down who said they had no idea about the stark puppy mill conditions from which their sick dogs came from. "It's terrible, it's terrible," said Susan Bussow. "It makes me so angry and I just want them to shut her down permanently and never give her a license again," said Beth Christman. Commissioner Doug Petersen oversees the state Department of Agriculture, the state agency in charge of policing Massachusetts pet shops. "If you had your way what would happen to Kathy Bauck's operation?" asked Kelly. "No question about it, I'd shut her down in a heartbeat," said Petersen. But Massachusetts can't shut Bauck down or stop her from selling puppies in the state because, believe it or not, Bauck is still licensed by the USDA. "There's really a callous indifference on their part with respect to the animal welfare act which is the federal law," said Howard. "I seriously disagree with the USDA's decision," said Petersen. A spokesperson for the USDA said the agency found no violations at Bauck's farm during its last inspection in July. However the agency is now reviewing all of the undercover video taken by the CAPS investigator and will determine whether or not further action is warranted. As for Kathy Bauck, she refused to be interviewed. Her attorney told Team 5 that his client treats all of her animals with compassion and care and that she does consult with a veterinarian. He also said the CAPS investigator fabricated all of the conditions to bring down his client.

Source: The Boston Channel Nov 7, 2008 Update posted on Nov 9, 2008 - 8:57PM

The U.S. Department of Agriculture is considering taking action to shut down a bad breeder that supplies dogs to pet stores here and across the country. The 2 Investigators' story Thursday night included videotaped evidence of shocking conditions recorded by an undercover investigator for the Companion Animal Protection Society (CAPS). CBS 2 Investigator Pam Zekman reports the USDA is reviewing all of the CAPS tape and the breeder Kathy Bauck's troubled history. It is routine practice for Bauck, who owns Pick of the Litter in Minnesota, to dunk her dogs in a tub of water diluted with a toxic insecticide meant for swine. It can damage a dog's eyes and could be fatal if swallowed. Records show Bauck's routine has also included practicing veterinary medicine without a license, including botching surgeries on dogs. "We kept getting reports that she was doing c-sections and spay and neuters and docking tails and cropping ears and giving vaccines and other kinds of medications," said Deborah Howard of the Companion Animal Protection Society. In 2006 Bauck was ordered by the Minnesota Board of Veterinary Medicine to cease and desist the unlicensed practice of veterinary medicine. But she didn't. So last April, Bauck faced similar criminal charges, pleaded guilty to one count and was jailed for five nights. Video shot by the CAPS investigator has led to animal cruelty charges against her. It shows emaciated dogs, wounded dogs, and sick dogs all in need of a real veterinary care. "My heart is bleeding for these animals," said Dr. Sheldon Rubin of Blum Animal Hospital. The 2 Investigators showed the tape Dr. Rubin, who is president of the Illinois Veterinary Medical Association. "We are going to try to get these puppy mills shut down all over the United States," Rubin said. "I don't mean just here." Viewers have asked about the dogs in Thursday night's report. Some died. And records show Bauck euthanized others using a method that is not approved by the USDA. Bauck has pleaded not guilty to all of the charges. Her lawyer says the CAPS investigator created evidence and stole records that showed she had consulted with a veterinarian about the sick dogs as required by the USDA. In August, a month after she was charged, the USDA found no violations at Bauck's farm.

Source: CBS 2 - Oct 10, 2008 Update posted on Oct 10, 2008 - 11:22PM

If Zenas Baer has his way, animal abuse charges pending against a New York Mills dog breeder will go away. "The charges are based on self-serving information," the defense attorney said Monday as he left a hearing in Otter Tail County District Court for Kathy Bauck. Bauck faces five counts of cruelty to animals, two counts of torture and two counts of practicing veterinary medicine without a license. The charges stem from claims made by an animal welfare advocate who, among other things, told authorities he saw Bauck pull the leg off a puppy during a difficult birthing when he worked at Bauck’s kennel, Pick of the Litter, earlier this year. Baer, who has described the episode as an attempt to save the life of a puppy that was otherwise certain to die, has filed papers asking that all charges be dismissed. Bauck, who is a licensed breeder with the U.S. Department of Agriculture, was found to be in noncompliance with her license after USDA inspections in 2004, 2005, 2006 and 2007, according to records obtained through the Freedom of Information Act. In the pending court case, Jason Smith, a member of the Companion Animal Protection Society, a Massachusetts-based nonprofit, went to the Otter Tail County Sheriff’s Department in May, according to a court complaint. Smith claimed Bauck was mistreating animals, including submerging dogs in a tub filled with an insecticide called Prolate/Lintox, which according to the complaint is supposed to be used on cattle and swine. “Animals are not to be submerged in this kind of solution. The young and the immune-suppressed are more likely to get toxic exposure,” the complaint states. Baer told Judge Wally Senyk the charges are not proper and are causing Bauck’s business, which she has operated for more than 20 years, great hardship because potential buyers will not do business with her while the case is pending. In recent years, the kennel purchased between 800 and 1,000 animals annually and sold between 3,000 and 4,000 animals a year, according to USDA documents. Baer said if the Otter Tail County charges are not dismissed, he wants the judge to suppress any evidence acquired through “law enforcement using Smith as a clandestine undercover officer,” including video Smith shot at the kennel. Senyk is expected to rule on the requests on Oct. 9. Also at issue is a case from earlier this year when Bauck entered a guilty plea to one count of practicing veterinary medicine without a license. In that case, Bauck was sentenced to 120 days in jail with 110 days stayed on condition she have no similar violations. Prosecutors have asked the court to impose the remaining jail time.

Source: Daily Globe - Sept 29, 2008 Update posted on Sep 29, 2008 - 5:32PM

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