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PUPPY MILL: KATHY BAUCK (DOG BREEDER/DEALER) Kathy Bauck is a large-scale dog breeder and dealer located in Otter Tail County, Minnesota. Bauck has operated her kennel, known as Pick Of The Litter/Puppys On Wheels, for over 20 years. The ownership of the business was transferred to Bauck's husband, Allan, and daughter.
RECENT NEWS: American Kennel Club revokes Bauck's privileges for 10 years On January 11, 2010, the American Kennel Club ("AKC") suspended all AKC privileges for Kathy Bauck. As recorded in the AKC Gazette, February 2010 issue: "The AKC's Management Disciplinary Committee has suspended the following individuals from all AKC privileges for ten years, effective January 11, 2010, and imposed a $2,000 fine for conduct prejudicial to purebred dogs, purebred dog events, or to the best interests of the American Kennel Club based on their violation of the AKC's Cruelty Conviction Policy: Ms. Kathy Jo Bauck A.K.A. Ms. Kathy N. Allan Bauck (New York Mills, MN) Multiple Breeds Editorial Comment: The AKC did not acknowledge the actions of this breeder until after the animal cruelty/torture conviction. The use of "AKC-registered" puppies as a stamp of approval and marketing ploy is deceiving to consumers. The AKC and other dog registries are registry companies only, not inspection or enforcement agencies. The AKC and other registries verify if a dog is purebred, not whether the dog is healthy or the breeder's conditions and practices are humane. See: Consumer Fraud
CONTENTS ON THIS PAGE • USDA Terminates Kathy Bauck's License • Profile • Breeds • Auction
USDA Terminates Kathy Bauck's License A decision has been reached in regards to Kathy Bauck and termination of her USDA license which allows her to deal and breed dogs and sell to pet stores. Due to the CAPS undercover investigation into Kathy Bauck's practices as a large-scale dog breeder/broker, which resulted in Bauck's criminal conviction, the United States Department of Agriculture (USDA) said Bauck was "unfit" to be licensed because she had operated her kennel in a "criminally improper manner." In August 2009, the USDA filed a motion of summary judgment to terminate Kathy Bauck's USDA license. On December 2, 2009, the Judicial Officer of the USDA agreed and handed down its Decision and Order to terminate Bauck's USDA license and disqualify her from becoming licensed under the USDA for two years, upholding the Administrative Law Judge's decision and order. In its December 2 Order, the USDA states: "1. Ms Bauck's Animal Welfare Act license number 41-B-0159 is terminated. 2. Ms. Bauck is disqualified for 2 years from becoming licensed under the Animal Welfare Act or otherwise obtaining, holding, or using an Animal Welfare Act license, directly or indirectly through any corporate or other device or person. This Order shall become effective on the 60th day after service of this Order on Ms. Bauck." The USDA concluded that retention of Bauck's license was contrary to the purposes of the Animal Welfare Act.
NOTE: Even with the termination of her USDA license for two years, Bauck can continue to breed and sell dogs. A USDA license allows a breeder/broker to sell wholesale (to pet shops, etc.). But a breeder (with or without a USDA license) can still sell retail — directly to consumers through the Internet, classified ads, directly from the kennel, etc. NOTE: Bauck can file a petition for reconsideration to the USDA as well as file an appeal in federal appellate court.
BAUCK SENTENCE On Friday, May 1, 2009, the Court sentenced Kathy Jo Bauck on one count of animal torture (Count 5) of the original nine counts. Bauck was sentenced to 90 days in jail for this count with 70 days stayed, with credit for 5 days already served. This means Bauck will serve 15 days in custody. Bauck to report to jail on or before June 1, 2009. Also, Judge Senyk sentenced Bauck:
PROFILE • Name of breeder: Kathy Jo Bauck • Name of breeding facility: Pick Of The Litter / Puppys On Wheels • County: Otter Tail County • Listed as 'Doing Business As': Puppys On Wheels • Owner/Agent on Mn Certificate of Veterinary Inspection: Allan Bauck • Veterinarian Signature on Veterinarian Certificates: Dennis Lange (Audubon, MN) • USDA license: 41-B-0159 Cust#: 2805 • Websites: www.puppysonwheels.com and www.potlpuppys.info (both removed); other websites unknown but possible. Online sales also through: Chicago.kiji.com, Hoobly.com, Puppyfind.com, Mypetlisting.com • Number of animals: Per February 1998 inspection report, 603 adult dogs and 309 puppies listed; current number unknown. • Breeds: Different purebreds and mixed. Scroll down to Breeds to review (partial) list. • Recent sales to pet stores: Scroll down to Pet Stores and Sales to review (partial) list. • Original cease and desist order (from doing surgical procedures on dogs): 10.12.06 • Prior convictions (in 2008). Go to: Pet-Abuse.com: Kathy Jo Bauck • Otter Tail County District Court Judge: Judge Waldemar Senyk • Otter Tail County Prosecutor: Heather Brandborg, Assistant County Attorney • Bauck's Attorney: Zenas Baer
INVESTIGATION Companion Animal Protection Society (CAPS) has conducted multiple investigations of Pick Of The Litter/Puppys On Wheels, starting in 1997. Undercover video (gathered by CAPS) led to most recent charges against Kathy Jo Bauck. • To view the undercover video of kennel, go to: Undercover Investigation • To view photo sheet of some dogs hurt within this kennel: Bauck Photos • To view the veterinary report, go to: Veterinary Evaluation of Evidence • To view case documents (i.e. Dog Report noting conditions), go to: Case Documents • For details of past investigations regarding Pick Of The Litter: CAPS Investigation
VIDEO AND NEWS COVERAGE Some links below include video and photos. • May 8, 2009: ASPCA Experts Help Secure Puppy Mill Conviction • May 6, 2009 New York Mills Herald: Bauck receives 20 days for dog torture • May 2, 2009 Dozens support Bauck at hearing • May 1, 2009 cbs2: Dog Breeder sentenced to Jail for Animal Torture • May 1, 2009 Bauck sentenced for dog torturing conviction • April 27, 2009: No sentence in animal abuse case • March 26, 2009: Act to prevent further dog abuse Please note: One of the jurors in the Bauck case posted a comment in this editorial. • March 25, 2009: Bauck acquitted of felony charges • March 24, 2009: Mixed Verdict For Breeder Accused Of Animal Abuse • March 24, 2009: Bauck says she was sabotaged • March 23, 2009: Owner Returns To Witness Stand in Puppy Mill Trial • March 20, 2009: Accused Puppy Mill Operator Takes Stand In Trial • March 20, 2009: Vet: Bauck dipped dogs • March 18, 2009: Puppy Breeder On Trial To Face Abuse Charges • March 16, 2009: Trial Begins Tuesday in dog case • March 9, 2009: Sick Puppies Dog Some Online Purchasers • January 28, 2009: Five charges against breeder dropped • November 28, 2008/ Fergus Falls Journal: Probe of Kennel Owner Disputed • November 24, 2008/wcco Channel 4: A rare look inside one Minnesota puppy mill • November 20, 2008/HSUS: Investigation Ties Pet Chain to Puppy Mills • November 11, 2008/Boston: Customers Say Pet Shop Is More Like Puppy Mill • November 10, 2008/Boston: Puppy Mill Owner Faces Charges (Pick Of The Litter) • November 10, 2008/cbs 2 Chicago: Buy Internet Puppies At Your Peril • October 10, 2008/cbs 2 Chicago: USDA Considering Action Against Puppy Mill Owner • October 9, 2008/cbs 2 Chicago: Owner Charged for Horrific Puppy Mill Conditions
VERDICT AND SENTENCING For sentence, see above. (Information below was posted prior to May 1, 2009.) On March 24, 2009, a jury found Bauck guilty on four misdemeanors (three counts torture, one count animal cruelty). This included:
Bauck was originally charged with nine counts. On April 24, 2009, a sentencing hearing was held. Questions were raised and language was debated. Sentencing was re-scheduled for May 1, 2009. Two motions had been filed earlier: 1) for a new trial; and 2) for continuance. Judge Senyk denied the motion for a new trial.
TRIAL DETAILS: Kathy Jo Bauck Case Trial details and observations below are listed by date, with the most recent at the top. These observations were written at the time of the trial. Thanks to Ingrid Sonnenberg who attended the trial every day and submitted updates. Wednesday, March 25, 2009: Verdict For further trial details (with video and photos), click on links above to news articles. Late last night (Tuesday evening) the jury delivered its verdict. The jury found Bauck not guilty of two felony counts of animal abuse. They found her guilty of four lesser misdemeanors. Bauck continues to operate her kennel (Pick Of The Litter) under the ownership of her husband and daughter. NOTE: New York Mills, where Bauck's kennel is located, is a city in Otter Tail County, Minnesota. With an estimated population of 1,189 (in 2003), it is a small, rural community. Interestingly, New York Mills holds the 'Great American Think-Off', debating questions of substance. This year's debate question is 'Is It Ever Wrong To Do The Right Thing?' For link to city's website, go to: New York Mills, Minnesota Tuesday, March 24, 2009: Day 6 of trial This was the last day of the trial. Dennis Lange, DVM, was the first witness for the defense. Lange is Bauck's veterinarian (for the last four years; fee for each kennel visit is $500). This witness gave general information; but it was apparent there was conflicting dates and data. Example: Lange testified Bauck had 700+ dogs and 100 puppies. Bauck testified she had 413 dogs. The second witness was Richard Teal, DVM, who is Bauck's back-up veterinarian. Teal was formerly a slaughterhouse veterinarian. As with Lange, his data conflicted with Bauck's testimony. He testified she had 1,000 dogs. The last witness was Jeff Rimpala, a coach-teacher in New York Mills (where kennel is located) who works part-time for Bauck. Kathy Jo Bauck returned to the witness stand to give further testimony, at which time she cried. Final summaries were given by both the prosecution and the defense. Bauck's attorney Baer tried to influence the jury by suggesting that Jason Smith staged the bad conditions specifically for the video and also emphasized that Smith (hired by CAPS) were "people from out of the State coming in to Minnesota" to disrupt Bauck's facility and tell Minnesotans what to do. The prosecutor objected to Bauck's attorney's summation and questionable facts. Others in the courtroom, who live in the area and had attended the trial each day, were disappointed by the level of "misinformation and untruths" presented by Baer, which, they felt, would influence the jury's impressions. The jury then went into deliberation. (Jury pool is from Otter Tail County. Trial was held in Fergus Falls, which is about 50 minutes from New York Mills, where Bauck's kennel is located.) As of 6pm Tuesday evening no verdict had been made. Monday, March 23, 2009: Day 5 of trial It was a day full of witnesses. Kathy Jo Bauck took the stand once again in the morning. Bauck's attorney, Zenas Baer, interrupted Kathy's Bauck testimony and called Allen Erickson (DVM) to the witness stand. (Erickson lives in the same town as Baer. The prosecutor questioned if he had been paid for his testimony.) Bauck returned to the stand and, in her testimony, blamed Jason Smith (CAPS undercover investigator, who posed as employee) for any problems at the kennel (as seen on the video) and suggested that he "staged everything." Next witnesses included: Earl Fleck, medical investigator for the Minnesota Attorney General's office; Bridget King, DVM; Shona Selender, Vet Tech; Matthew Jensen, dispatcher from the Sheriff's office: Maria Chandler, one of Bauck's employees; and Allen Bauck, Kathy Jo Bauck's husband. Judge Senyk indicated he wanted to wrap up the trial tomorrow, Tuesday. Friday, March 20, 2009: Day 4 of trial It was a long day. Dr. Linda Wolf, a Twin-Cities-based veterinarian and expert witness for the prosecution, was questioned by the defense. Dr. Merck, forensic veterinarian for the ASPCA and expert in animal cruelty cases, was the next witness and testified for the prosecution. The last witness presented by the prosecution was Detective Keith von Dyke, who conducted the original investigation based on the CAPS complaint. Attorney Baer called Kathy Jo Bauck to the stand, where she testified that she loved the dogs, researched pedigrees, and was careful in her breeding, such as breeding only females once a year (not verified). Bauck was not able to explain the difference between in-breeding and line-breeding. The prosecution has not yet questioned Bauck. Baer asked the judge for an acquittal for lack of evidence on counts 1, 2, 3 and 4; the judge denied his request. NOTE: Mr. Wade Hanson, humane agent from the Animal Humane Society (in Golden Valley) who worked with Detective Von Dyke in the investigation, may not testify. Hanson indicated he had not been served and no record was found that he had been served. Thursday, March 19, 2009: Day 3 of trial Jason Smith, CAPS investigator who worked undercover at Pick Of The Litter, continued as a witness, questioned by Bauck's attorney Mr. Baer. Smith's testimony ended today; he asked to be released and the judge agreed. The second witness to speak was Dr. Linda Wolf, a Minnesota veterinarian and expert in dog care and animal health. Those present said the testimony of both Smith and Wolf was compelling; the jury appeared to respond strongly to the information presented. Wednesday, March 18, 2009: Day 2 of trial Jury selection finished. Bauck attorney Zenas Baer gave his opening statement. Jason Smith, a Companion Animal Protection Society (CAPS) investigator who worked undercover at Pick Of The Litter (Bauck's facility) for six weeks, was the first witness. Prosecutor Heather Brandborg showed the jury the undercover video of Pick Of The Litter breeding kennel collected by Mr. Smith. Tuesday, March 17, 2009: Day 1 of trial The trial for Kathy Jo Bauck (Pick of The Litter) started Tuesday, March 17, 2009, in Fergus Falls, Minnesota, with jury selection. It is anticipated the trial will continue into next week. March, 2009: Trial scheduled for March 17, 2009 Email update posted by Animal Folks MN February, 2009: Decision on charges Email update posted by Animal Folks MN Kathy Jo Bauck, owner of Pick Of The Litter, a large-scale dog breeding facility in New York Mills, Minnesota, had been charged with five counts of animal cruelty, two counts of torture and two counts of practicing veterinary medicine without a license. These charges came after complaints were filed to authorities by Jason Smith of Companion Animal Protection Society (CAPS). Smith posed as an employee at Pick Of The Litter in an undercover investigation initiated by CAPS. In a recent decision, five charges were dismissed; however, four counts (2 felony animal cruelty, 1 misdemeanor animal cruelty, 1 gross misdemeanor animal torture) were upheld. The judge did not suppress the undercover video footage gathered by CAPS showing the inhumane treatment and conditions, and this video will be shown at trial. The trial, originally set for February 10, 2009, was rescheduled. Please confirm date and time with the Otter Tail County Courthouse if you plan to attend. In 2000 (per a USDA inspection), it was reported Pick Of The Litter had 1,325 dogs and puppies. At the time, Bauck stated she was breeding 32 different breeds. Current count of animals is not available. Bauck has been in business for 23 years and is still operating. She has recently added additional websites under various names to sell over the Internet. November 26, 2008: Hearing Email update posted by Animal Folks MN Bauck's hearing was held on November 26, 2008 in Otter Tail County. Following the hearing, the prosecutor and Bauck's attorney were given 10 days to submit final written arguments. The judge is now reviewing the information and, as of this date, has not yet made his final ruling. The original trial date has been rescheduled. Please check with the Otter Tail County Courthouse to confirm new dates. August, 2009: Repeated Charges of Animal Abuse Against Puppy Mill Owner Email update posted by Animal Folks MN Kathy Jo Bauck, owner of Pick Of The Litter, a large-scale dog breeding facility in New York Mills, Minnesota, was charged with five counts of animal cruelty, two counts of torture and two counts of practicing veterinary medicine without a license. These charges came after complaints were filed to authorities by Jason Smith of Companion Animal Protection Society (CAPS). Smith posed as an employee at Pick Of The Litter in an undercover investigation initiated by CAPS. (The first court date is set for September 22, 2008 in Otter Tail County.) One excerpt from court documents On May 5, 2008, Smith said he "found a pregnant Bichon on the eastern row of the western room of the Red Barn having puppies. One puppy, which appeared partially flattened, was dead on the pen floor. Another live puppy was hanging by an umbilical cord from the mother. Smith informed Bauck of this, who told him to bring the dog to her and injected the mother dog with calcium sulfate to "aid contractions" and then spent 15 minutes trying to reach inside to pull a puppy out. Bauck did not wash or sanitize her hands and brought out a puppy, which was not breathing, and attempted to resuscitate the puppy, who died about two hours later. Bauck again tried to get another puppy out from the dog with the help of [two kennel] workers. The three women alternated using surgical clamps and grabbed the puppy inside the mother. Bauck tore off the tail of the puppy and all three woman kept pulling tufts of fur attached to bloody skin until Bauck tore off the entire rear leg of the puppy, which came out dead. On May 9, 2008, the same female Bichon, who had puppies on May 5, 2008, was found dead in her pen, still filthy and with her hindquarters covered in afterbirth." Previous charges of animal abuse Earlier this year, Bauck pleaded guilty to practicing veterinary medicine without a license. As part of a plea deal with the Minnesota District Court (Seventh Judicial District, Otter Tail County), four similar charges and one animal cruelty charge were dismissed. Over 1,300 dogs and puppies. Over 30 different breeds. In a January 25, 2008 USDA inspection, it was reported Pick Of The Litter had 1,326 dogs and puppies in its kennels. In a 2006 Minnesota Board of Veterinary Medicine report, it was stated that Bauck was breeding 32 different breeds, including Mastiffs, Great Danes, American Bulldogs, English Bulldogs, Springer Spaniels, Brittany Spaniels, Cocker Spaniels, Basset Hounds, Siberian Huskies, Labrador Retrievers, Golden Retrievers, Boxers, Shar Peis, Pugs, Boston Terriers, Coon Hounds, Blood Hounds, Pekingese, Poodles, Cairn Terriers, Maltese, Bichon Frise, Miniature Pinchers, Yorkshire Terriers, Silky Terriers, Dachshunds, German Shepherds, Corgis, St. Bernards, Beagles, Pomeranians, Shiba Inus, American Eskimos, Dalmatians, Soft Coated Wheaton Terriers, Italian Greyhounds, Papillons, Shih Tzus, Rat Terriers, Ori-peis (Pugs or Boston Terriers crossed with Shar Peis), Terrier Crosses and Poodle Crosses. Recent breeds listed below. NOTE: Pick Of The Litter has been in business for 23 years and, as of this date, is still operating. In addition to selling to pet stores, this breeder also sells through www.puppysonwheels.com and newspaper ads.
BREEDS The following is a list of breeds produced by Pick Of The Litter/ Puppys on Wheels. These breeds reflect only the type of dogs/puppies bred and sold between December 2008 and April 2009 and transported out of state. It does not reflect in-state sales.
Auctions Puppys On Wheels recently brought 201 dogs/puppies at an Ohio auction. To view investigation report (conducted by Animals' Angels) and photos at auction, click here and scroll down to 3/21/2009 Farmerstown Dog Auction.
Pet Stores and Sales Bauck is both a breeder and dealer of puppies. Puppys On Wheels was one of the largest national USDA-licensed dog brokers, selling dogs to consumers in Minnesota as well as distributing thousands of dogs to pet stores shops throughout the U.S. and via the Internet. Some pet stores, breeders and a few individual consumers, requiring transport across state lines, are listed below. Spelling of some cities may be incorrect (difficult to read hand-writing on forms.) PLEASE NOTE: List is organized by past and recent sales.
Contacts: Legislators Puppys On Wheels operates under District 10/10B in Otter Tail County, Minnesota. (The District 10A Representative is also listed below.) Please write the district's legislators and express your concern about Bauck's breeding practices.
The Otter Tail County (OTC) Board of Commissioners also has jurisdiction over land use and issues in the area. For names and contact information of OTC commissioners and for County Board meeting dates, click here.
Contacts: USDA-APHIS For those who want to write to USDA officials, click here for names and contacts. The USDA is currently reviewing Bauck's USDA license (#41-B-0159). Bauck has been licensed by the USDA since 1983. Per the Companion Animal Protection Society (CAPS): "The July 2008 USDA inspection report for Bauck had no violations of the Animal Welfare Act (AWA). CAPS has been investigating the USDA's failure to enforce the AWA since 1995 and has been lobbying members of Congress for oversight hearings regarding USDA's lax enforcement of the AWA." CAPS will continue to lobby USDA officials and members of Congress and will use the Bauck case as evidence of the USDA's malfeasance. Click on Minnesota inspections and the USDA for further information. Note: Under the Animal Welfare Act, Bauck can still sell animals directly to consumers (via website, ads, etc.) without a USDA license.
Contacts: Newspapers For those who want to write letters to the editor, the following are contacts for local newspapers in or near Otter Tail County.
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