ASPCA Experts Help Secure Puppy Mill Conviction

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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.