Animal Protection Minnesota

Below are videos, news coverage and trial updates about Kathy Jo Bauck, a large-scale dog breeder located in New York Mills, Minnesota. Bauck has operated her kennel, known as Pick Of The Litter (now owned by her husband), for over 20 years. At one time, per USDA inspection reports, Kathy Jo Bauck was operating with over 1,300 dogs/puppies in her kennel and 32 different breeds.

To view the undercover video shot at Pick Of The Litter, go to: Undercover Investigation

• Name of breeding facility: Pick Of The Litter

• 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: Many different purebreds and mixed. Scroll down to very bottom for breeds. list.

• Recent sales to pet stores: Puppy Center (West Hartford, CT); Best Friends Puppy Boutique (Sanford, FL): E-Pets, Inc. (New Hyde Park, NY); Jill Rose's Puppies (Middletown, NY); Pet Land Orlando East (Orlando, FL); Pet Connection (Newington, NH); Everything Pets (NY); Pet Cottage (Millersville, MD); Happy Tails Puppies (Queensbury, NY); Abraham Miller (Fresno, Ohio) received 33 puppies in March 2009; Samantha Chan (Sufferyn, New York) received 12 puppies in March 2009; Maria Larolla (Middletown, New York) received 23 puppies in March 2009; Jonas Fisher (Williamsburg, Indiana) received 61 puppies in March 2009; and various private individuals

• Original cease and desist order (from doing surgical procedures on dogs): 10.12.06

• Otter Tail County District Court Judge: Judge Waldemar Senyk

• Otter Tail County Prosecutor: Heather Brandborg, Assistant County Attorney

• Bauck's Attorney: Zenas Baer

Companion Animal Protection Society (CAPS) has conducted multiple investigations of Pick Of The Litter, starting in 1997. Undercover video (gathered by CAPS) led to most recent charges against Kathy Jo Bauck.

To view the undercover video shot at Pick Of The Litter, go to: Undercover Investigation

For details of CAPS investigations and supporting documents, go to: CAPS Investigation

VERDICT AND SENTENCING

On July 24, 2009, a jury found Bauck guilty on four misdemeanors (three counts torture, one count animal cruelty). This included:

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.

VIDEO AND NEWS COVERAGE

Some links below include video and photos.

Please note: One of the jurors in the Bauck case posted a comment in this editorial.

• March 16, 2009: Trial Begins Tuesday in dog case

• 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 (Pick Of The Litter)

• 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

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.

Email update posted by Animal Folks MN
As mentioned in previous emails, Kathy Jo Bauck, owner of Pick Of The Litter (a dog breeding facility in Otter Tail County) is facing charges for animal cruelty and torture. Jury selection and trial are on the calendar for March 17, 2009. If you're interested in attending, please confirm this date by calling Rita, at the Otter Tail County Courthouse, at 218-998-8429 the day before or morning of the trial.

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.

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.

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.

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."

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.

Bauck served 10 days in jail (with 110 days stayed), was fined $900 and placed on informal, unsupervised probation for two years.

The Minnesota Board of Veterinary Medicine also took action against Bauck in October 2006. The Board ordered Bauck, who has never held a veterinary license, to cease and desist from performing surgeries on any puppy or dog, vaccinating any puppy or dog, or engaging in any other act or practice that would constitute the practice of veterinary medicine.

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. See more 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.

The following breeds were produced at Pick Of The Litter/Puppys On Wheels. This list reflects type of puppies/dogs bred and sold between December 2008 and April 2009 and transported out of state. It does not include in-state sales.