http://www.dispatch.com/live/content/local_news/stories/2010/07/06/cow-abuse-charges.html?sid=101
A Union County grand jury has decided the owner of a Union County dairy farm caught in an abuse scandal should not face criminal charges.
A grand jury met last week and heard testimony from an Ohio Department of Agriculture veterinarian, the Union County Humane Society and others before deciding that dairy farmer Gary Conklin did nothing criminal, according to Union County Prosecutor David Phillips.
Jurors saw hours of video tape recorded by an undercover employee of the animal-rights group, Mercy For Animals, not just the few minutes that group posted on YouTube, Phillips said.
On the tape, Conklin employee Billy Joe Gregg is seen viciously beating and abusing cows and calves at the Plain City farm. Gregg has since been fired. He has been charged with 12 misdemeanor counts of animal cruelty and faces a felony weapons charge. He has pleaded not guilty to all the charges.
Also on the tape, Conklin is shown kicking a cow that is lying down.
Phillips said the portion of the tape shown publicly was spliced together and that Conklin’s behavior was taken out of context. The Union County sheriff’s office said it had four veterinarians with experience in large-animal care review the tape.
“In context, Mr. Conklin’s actions were entirely appropriate,” Phillips wrote in a news release this morning. “The veterinarians told law enforcement that cows who remain down are at risk of injury or death. A cow’s muscles may atrophy. Once that happens, the cow may never get up and may suffer or die.”
In an e-mailed statement, Gary Conklin called the announcement bittersweet.
“It is gratifying that the grand jury found no reason to bring any charges against our farm, family members or current employees,” he wrote. “However, we remain extraordinarily saddened by the willful abuse of animals on our farm by one of our former employees.”
He said this has been “a horrible time for the Conklin family” and that Gregg’s abuse did not reflect the farm’s commitment to animal care. He said he hopes to put the matter behind him, and continue to run the fourth-generation cattle-sales business along Rt. 42.
Jurors also reviewed the actions of another Conklin employee as well as the Mercy for Animals investigator, who admitted to poking animals with pitchforks to maintain his cover, and they found nothing that merited criminal charges, Phillips said.
The criminal investigation isn’t over, however. Phillips said threats of violence and murder made by animal-rights activists against the Conklins are still under review and information may be forwarded to the U.S. Attorney’s Office for possible charges under the federal Animal Enterprise Terrorism Act.
Daniel Hauff, director of investigations for Mercy For Animals, said he could not comment until he had seen the prosecutor’s office news release.
PLEASE CONTACT OHIO DEPARTMENT OF AGRICULTURE ALSO TO COMPLAIN.
Ohio Department of Agriculture
Dairy Division
8995 E. Main St
Reynoldsburg,OH 43068
Phone: (614) 466-5550 EMAIL: dairy@agri.ohio.gov
SHOCKED AND DISAPPOINTED
Greetings,
I have learned of an extremely disturbing case of animal cruelty on the Conklin Dairy farm where certain individuals deliberately caused the suffering of numerous animals; although I have written previously, I am writing again to express my support of sentencing this defendant, Billy Jo Gregg, Jr., to the maximum penalty allowed under the law as the result of his deliberate and methodical abuse and neglect of animals. It is essential to recognize that Mr. Gregg’s decision to harm these animals was premeditated as demonstrated by the chronicle of events occurring over a lengthy period of time, namely 30 days, as established by Mercy for Animals’ undercover investigation.
I have also been informed that, as the result of a grand jury recommendation, Mr. Gary Conklin, owner of the dairy farm, may not face charges as the result of the footage capturing his treatment of animals, and I am greatly disturbed by this decision. Although I can appreciate the need for impartial testimony and evidence, humane societies and veterinarians are unquestionably biased: the AVMA, for example, frequently approves various protocols, including unanesthetized branding, dental extractions, and castration, as medically appropriate, and community humane societies decidedly favor animal farming, euthanasia, and population control, all inherently exploitive practices.
Furthermore, with the absence of any judicial animal representation, all persons involved would be prejudiced toward humans. Indeed, the law is grossly inadequate relative to non-human animals and, in fact, only defines them in accordance with human animal benefits, duplicitous rhetoric that is advantageous to humans and not the animals for whom they are intended. Any regulations that legislate the permissibility of animal exploitation and death cannot, by their very definitions, be considered protective. Additionally, you may be surprised to learn that the Animal Welfare Act specifically excludes animals “used for food” from any measure of protection, a fundamentally cruel bias. As such, to dismiss Mr. Conklin’s actions, clearly represented on video footage, as appropriate, only further endorses the inaccurate precept that non-human animals are exploitable as determined by human animals. Were his actions truly “appropriate”? Indeed, should you replace the animals he abused with humans, would you continue to define the actions as “appropriate”? I would surmise that you perhaps would not. Animals value their lives absent our definitions of them, and they all experience suffering, pain, fear, and sadness; their emotions are not precluded by our deception.
When I try to imagine what possible motive animal abusers entertain for subjecting their animal victims to such acts of brutality, I fail, but I am thankful for a lack of cognitive understanding and rationalization. To voluntarily engage in such behaviour demonstrates an incontrovertible lack of morality regarding other living beings and a gross disrespect for the law. In fact, a person who shows such a remarkable lack of compassion towards non-human animals has the ability to show such indifference towards human animals. This link between animal and human abuse has been established, and if we excuse this behaviour, or agree to a lesser punishment, we only harm ourselves by unjustly nullifying cruelty as acceptable behaviour.
Please respect the victims by penalizing the guilty and demonstrate your commitment to justice, responsibility, and integrity, attributes unquestionably necessary in any judicial setting: rejecting cruelty by maintaining an unyielding position towards it would be a model for all community members and would serve to characterize this type of behaviour as both impermissible and punishable. As such, I trust that you are pursuing the harshest sentence legally permissible for Mr. Gregg as well as remembering the victims in future cases.
I know your time is limited and I thank you for your attention to this important message.
[Your name]