Posted on 01/31/2003 8:35:31 AM PST by chance33_98
State Finds Animal Cruelty On Idaho Dairy Farm
By Jon Hanian
BOISE -
The State says these pictures (photos at the link)document abuse and neglect at the Dutch Touch Dairy located in Filer, Idaho near Twin Falls.
It shows dead cows decomposing in open pits. Cows kept in unclean pens and sick or dying cows left where they dropped. Julie Pipal of the Idaho Department of Agriculture admits the pictures are hard to look at. "We do believe wholeheartedly that the animal cruelty law was violated."
There are even eyewitness accounts claiming some animals were buried alive. The Department of Agriculture found the dairy did not provide reasonable care for sick or crippled animals and that it subjected cows to needless suffering.
We contacted the Dutch Touch Dairy and the person on the other end of the phone declined to release his name but told us he was the new manger. He went on to say that while there were problems in the past, the person responsible for them has been fired. "The regime under the new management is to make sure every cow [is fed] the proper diet and [that] every cow is taken care of."
The State fined the dairy $5,000. The fine was for improperly disposing of dead animals which were found bloated in an open pit photographed by state investigators according to Pipal. "We have completed that investigation and turned it over to the Twin Falls County Prosecutors office."
But despite the pictures, despite the witness statements, and despite the State's own findings that Idaho's animal cruelty laws were violated, local officials have decided not to prosecute, citing insufficient evidence.
Twin Falls County prosecutor Grant Loebs says he would prosecute but the law regarding animal cruelty is clear. "It is clear that the dairy owner (Jack Tuls) was responsible civilly and he was fined $5,000 for that. But the animal cruelty statute (Idaho Code Section 32-3504) says without evidence he (Tuls) actually knew the abuse was happening, I cannot charge him for animal cruelty... if someone brings me new evidence we would consider it."
Loebs says the case will remain open. The State Department of Agriculture which have regulatory oversight over Idaho Dairy's says if the county won't prosecute. There is little more it can do.
PIPAL:"We have reached the limit of what we can do under the statute."
HANIAN: "Doesn't that suggest there is a loophole in this law. If you have animals that are being buried alive? Clearly that is cruel and inhumane. And if a local jurisdiction is not going to prosecute it or can't prosecute it and the state's hands are tied, it suggests that this is a toothless tiger...that this law has got no teeth to it...doesn't it suggest that?
PIPAL: "I would like to think that the system works well, we don't always get what we want...but in this case I think the door is still open and hopefully we can proceed."
I can't comment completely on the case because I don't know all of the details other than what is printed here ... although if these reports are true, the individual should be fined and prosecuted if he (the owner) was in any way involved or knew of the incidents.
It sounds like the old manager was the culprit and that he has been fired ... since the case is still open, I would presume that the country attorney may well go after him.
I might add here, that I do know people over in that area who indicate that the county attorney in the area is somewhat of the PC crowd ... but agian, that is just hearsay.
Clearly, what was occuring there according to these accounts was not only bad for business if you are mistreating otherwise healthy cows from which you derive your living ... it was also needlessly cruel. ... and there could certainly be an actionable community health issue if dead cattle are not being properly disposed of near residentail areas.
In the mountains, away from such restrictions, dead cattle, deer and elk mold away on the face of the ground like they have been doing for centuries.
Finally, Poohbah, your are even more sick and a greater criminal than this individual if your solution is to kill the man for such a crime ... particularly when the authorities admit that they have no evidence that he knew of the activity, and in any case, whether he knew or not. Your comment to that effect, IMHO, deserves no more statement than what I just made.
... who gets to be that prophet and fortune teller? ... who do you give that type of power? ... the BATF, the FBI, the IRS? ... some other government agency? ... anyone feeling this way? ...who?
Answer ... no one.
Like I said ... such a contention or desire is pretty sick in itself IMHO.
Animals aren't people.
Clearly, cruelty to animals, when proven, is actionable and should be ... but not by summarily executing the perp.
There seems to be nothing but hearsay and questionable witnesses to that particular allegation in this case anyway. The authorities there still have the case open, and if those allegations are true, I hope they catch the perp and prosecute ... but I do not come close to advocating summary execution.
... now, back out here in the old west days, because a man's horse was his life ... and a man's cattle were his livelihood and life ... it was legal to try and hang a man for stealing those things. I don't believe however they ever did it for beating or mistreating one though. That's because the perspective was on how the crime impacted the life of the person ... not on what it did to the animal.
Like I said, such a crime should be punished ... but for the crime itself against the animal and also in context to the potential impact of that crime on people ... not what somebody might do someday because they did this.
Anyhow, I've spent way too much bandwidth on this issue. I'll just, let it lay, so to speak.
The Oxford Unabridged Dictionary of the English Language, perchance? :o)
I have commented precisely on the issue of taking such information, which is far from any type of cast iron forecast on human behavior, (nor could it be) and determining to summarily execute someone as a result of it. For pete's sake, that's what the Nazis did, the Stalinists, Mao, etc.
So, the comment about poohbah being right in that regard about some statitician's analysis is immaterial to what I was saying ... that is to indicate that someone should be taken behind the shed and summarily executed for this crime is in and of itself sick. It is also absolutely totalitarian IMHO.
It is well beyond, "overboard".
Animal cruelity is wrong, and should be punished ... but not with anything approaching death. But again, nuff' said. I'll just let it lay at that.
I'll just stand down now.
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