COURT CALENDAR

From ANIMAL PEOPLE, July/August 1999:

Dog-related
Federal judge David Down of
Portage County, Wisconsin, on June 2
reduced to $300,000 an April jury award of
$940,000 to county dog warden Beverly
Kirkhart as an alleged victim of gender discrimination
when she was rejected for permanent
appointment to the post in 1994––after
she had been a member of the dog warden’s
staff on an interim basis since 1984, and had
been acting dog warden for about six months.
A man, Jon S. Barber, was hired instead, at
$3.00 more per hour. Kirkhart was then fired
in 1996, because of purported physical disabilities.
Kirkhart returned to work as dog warden
on May 17. Barber was offered a job in another
county department.

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Ex-HSUS VP Wills cops a plea

From ANIMAL PEOPLE, July/August 1999:

Former Humane Society of the
U.S. vice president for investigations David
Wills, 46, of Dickerson, Maryland, on June
16 pleaded guilty to one count of embezzling
$18,900 from HSUS between 1990 and mid-
1995; agreed to pay restitution of $67,800 to
HSUS; and accepted a six-month jail sentence,
reportedly to be imposed after judicial
review on August 5. HSUS and the State of
Maryland agreeed to drop six other counts of
embezzlement, alleging thefts of $84,128.

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Wild Animal Orphanage gets ex-lab monkeys –– and $12,000 USDA fine

From ANIMAL PEOPLE, July/August 1999:

SAN ANTONIO––The USDA Animal and Plant
Health Inspection Service on May 24 announced it had filed
10 charges of violating the Animal Welfare Act against Wild
Animal Orphanage, of San Antonio, Texas–– nine days after
the case was disclosed by San Antonio Express-News staff
writer Russell Gold, and more than two months after the
USDA on March 10 proposed a $12,000 fine and a 90-day
suspension of the WAO exhibitors’ license.
On April 10, WAO founder Carol Azvestas asked
USDA-APHIS to reconsider the penalties, but she told Gold
she would not spend sanctuary money on legal fees to fight
them in court.
The four most serious charges pertained to the
deaths in air transit of two tigers and a puma that Azvestas
accepted from the defunct Walk In The Wild Zoo of
Spokane, Washington, when it went out of business in
August 1996. One puma survived the eight-hour flight.

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U.S. Senate votes to hammer ALF

From: Animal People July/August 1999

WASHINGTON D.C.––A joint House/Senate conference committee is considering whether two Senate amendments to reinforce the Animal Enterprise Protection Act of 1992 should be part of the reconciled version of the Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act, which is to be sent to both the House and Senate for final approval later in the 106th Congress.

The amendments were added to S.254, passed by the Senate on May 20, but were not in a similar bill, HR.1501, approved by the House of Representatives on June 17.

Section 1652 of S.254 would provide the death penalty as a possible punishment for murder committed as a crime defined by the Animal Enterprise Protection Act; would multiply the minimum prison term for any violation of the act from one year to five; and would raise the maximum fine to “double the amount of damages” done by a violation.

In addition, Section 1652 would add to the Animal Enterprise Protection Act language prescribing a five-to-20-year prison term, plus a possible fine, for anyone using fire or explosive devices to harm an animal enterprise, such as a farm, fur store, or lab. Section 1653 would create “a national clearinghouse” within the Bureau of Alcohol, Tobacco, and Firearms, “for information on incidents of crime and terrorism” allegedly “committed against or directed at any animal enterprise,” or associated person, or “committed against or directed at any commercial activity because of the perceived impact” it might have on the environment.

Minnesota raid

Momentum favoring the S.254 amendments grew after an April 5 vandalism at the University of Minnesota in Minneapolis. The Minneapolis raid was the first since the Animal Enterprise Protection Act took effect to follow a pattern characterizing many of the most publicized ALF actions during the 1980s.

Claimed by the ALF, and apparently achieved without forced entry, the raid did an estimated $2 million worth of damage at 12 laboratories housed in two different buildings. An ALF communique distributed with a 10-minute videotape of the action said 48 mice, 36 white rats, 27 white pigeons, and five salamanders were taken from the labs.

Fourteen of the pigeons, one of whom had a broken leg, were recovered on April 8 in a cornfield near Woodbury, Minnesota. Three white rats were found alive in the same cornfield, along with four white rats who had died from hypothermia, and one white rat whose remains were partially eaten.

The University of Minnesota uses about 152,000 animals per year in research.

The most serious research casualty of the raid, university spokespersons said, was the destruction of an incubator holding brain cells from human participants in an Alzheimer’s disease project headed by Walter Low, MD––who does not do animal research, he told Jim Dawson of the Minneapolis Star Tribune.

“In the same building,” Low said, “there are animal labs. Those areas were secured, however, so they got into my lab.”

Two weeks after the raid, the Minnesota state senate unanimously endorsed an amendment to a an anti-crime bill, passed 62-2, which would impose triple damages on persons convicted of “unauthorized release of animals” and would criminalize claiming credit for illegal animal releases.

Utah ALF

The language of the S.254 federal amendments most directly responds, however, to the ALF campaign against Utah fur farmers waged during 1995-1998, eventually broken up by BATF, the FBI, and local authorities.

In a related incident, Salt Lake City residents Eben Andrew McKenzie, 25, and Dustin Chappell Black, 24, were charged on April 14 with retaliating against a witness, Clinton Colby Ellerman, 22, by allegedly chasing him and, in McKenzie’s case, allegedly threatening to kill him.

Ellerman, wrote Sheila R. McCann of the Salt Lake Tribune, was “negotiating a plea deal with federal prosecutors in the bombing of a Utah mink feed plant” in 1997. He was earlier convicted of releasing mink from a farm in South Jordan. Ellerman’s brother, Douglas Joshua Ellerman, 20, pleaded guilty to participating in the bombing, and is serving a seven-year prison term. Clinton Colby Ellerman and three other men are to go to trial for the bombing on July 6.

ELF

The S.254 amendments also bear apparent reference to a string of arsons plus an Oregon mink farm raid claimed by the Earth Liberation Front, beginning in 1996, including the October 1998 Vail ski lift arson. Some of the ELF actions have been claimed anonymously as joint acts also involving the ALF.

The most recent ELF incident was a fire on December 26, 1998 at the U.S. forest Industries headquarters in Medford, Oregon. On May 9, however, just before the S.254 amendments were approved, a fire set by persons using the same technique did $150,000 worth of damage to the Childers Meat Company, in Eugene, Oregon. That fire was reportedly claimed by the ALF 19 days later.

An ongoing ANIMAL PEOPLE investigation has found hints that the Earth Liberation Front may actually be the fictitious cover of several wise-use wiseguy agents provocateur, two of whom we have identified in proximity to the issues and locations involved in most of the alleged ELF attacks. The limited available information about the ongoing federal probe of the actions, however, indicates that the investigators have not even casually considered this possibility.

Other actions

In New Jersey, ALF statements have since March 1997 claimed credit for vandalizing two butcher shops, fur stores in five cities, as many as 125 fast food restaurants, and on March 27, 1999, firebombing three trucks belonging to the Big Apple Circus.

In Irondequoit, New York, police in February 1999 found nine fake pipe bombs, some of them planted with graffiti protesting a bait-and-shoot deer cull in Irondequoit and Durand-Eastman Park. However, one such fake bomb was found––with no note––at a primary school across town from the park. The deer killing has been unpopular with both animal lovers and hunters. About 750 deer have been killed in the park since 1993.

In Chatham, Ontario, Gary Yourofsky, 28, of Royal Oak, Michigan, on April 27 drew six months in prison for releasing 1,500 mink from a fur farm in 1997. Yourofsky was sentenced soon after Pat Dodson, 49, of Ferndale, Michigan, and Hilma Ruby, 61, of Rochester Hills, completed 90-day sentences for the same action. Yourofsky’s uncle, Alan Hoffman, and Robyn Weiner, both of Farmington Hills, received community service in exchange for testimony against Yourofsky.

In Scone, New South Wales, Australia, two men and two women who were stopped on suspicion of drunk driving were charged on May 23 with having released 4,000 pigs from the Parkville Piggery.

The Australian organization Animal Liberation invaded the Parkville Piggery in a 1995 protest against conditions there, but Animal Liberation president Mark Pearson disclaimed any association with the May 23 raid.

On June 9, two men allegedly chained Hill Grove Farm owners Christopher Brown, 60, and his wife Katherine Brown, 62, to a fence near the farm in Witney, Oxon, England. Hill Grove is the only licensed breeder of cats for biomedical research in Britain, and has reportedly been scene of frequent demonstrations for more than 15 years.

Dolphin freedom advocates fined $56,000

From ANIMAL PEOPLE, July/August 1999:

KEY WEST––Dolphin Project founder
and former “Flipper” trainer Ric O’Barry and
Sugarloaf Dolphin Sanctuary founder Lloyd Good
III were on June 10 ordered by U.S. Administrative
Law Judge Peter A. Fitzpatrick to pay combined
civil penalties of $59,500 for allegedly illegally
releasing the former U.S. Navy dolphins Buck and
Luther on May 23, 1996, off Key West, Florida.
Luther, apparently hurt in a fight with
other dolphins, was recaptured the next day. Buck
was caught 13 days later, 40 miles away, reportedly
emaciated, also with injuries.
O’Barry and Good deny that the dolphins
were in seriously bad shape when recaptured, and
argue that the release was not illegal because, they
contend, the Marine Mammal Protection Act did not
then specifically require a release permit. It has
since been amended to add such a requirement in
more explicit language. O’Barry and Good have
until July 10 to decide whether to appeal.

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Legislation

From ANIMAL PEOPLE, July/August 1999:

U.S. Senator Frank Lautenberg
and U.S. Representative Robert
Menendez, both Democrats from New
Jersey, on June 3 introduced the Safe Air
Travel for Animals Act, to strengthen the
right of persons sending animals by air to be
fully informed of the transport conditions,
and to double the penalty against airlines for
causing the injury, loss, or death of an animal
to $5,000, from the present $2,500.
The state legislatures of New
York and Illinois each recently approved
bills to create a felony penalty for especially
aggressive forms of cruelty to animals––and
New York governor George Pataki has
already signed the New York version into
law. The Illinois version additionally provides
that persons previously convicted of
aggravated cruelty shall be charged with a
felony for a repeated alleged offense.

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PETA, Paul, Jesus, and an arson charge

From ANIMAL PEOPLE, July/August 1999:

ATLANTA, DES MOINES,
KANSAS CITY, MISSOULA, TOPEK
A––Enlisting help from both Jesus and the
Beatles, People for the Ethical Treatment of
Animals scored a string of media hits against
meat-eating and fishing in early summer.
Thirty-three years after the late John
Lennon provoked the biggest uproar of the
Beatles’ career by speculating, after a Beatles
concert outdrew church attendence, that the
group might have become more popular than
Jesus, Paul McCartney emerged from mourning
his late wife Linda to announce the first
airing of a 15-second anti-fishing TV commercial
that Linda made for PETA shortly before
her death. The commercial was broadcast on
NBC during National Fishing Week.

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Making bucks out of bison

From ANIMAL PEOPLE, July/August 1999:

MILWAUKEE, WASHINGTON
D.C.––Former bison rancher and promoter
James O’Hearn, 60, drew a six-year
sentence on May 11 for fraud, illegally acting
as a stockbroker, forging client signatures,
and converting assets to personal use.
Claiming investments in bison
meat, hides, manure, and embryo transplants
would bring riches, O’Hearn allegedly
bilked 40 people of about $2.5 million.
“If I had the option of imposing a
longer sentence, I would,” said U.S. District
Judge Charles N. Clevert, likening O’Hearn
to bank robbers and drug dealers.
The USDA meanwhile outlined a
safer way to make money from bison.
Reported Associated Press, “Bison
ranching is growing so fast that there is no
longer a market for all the meat, processors
say. As a result, the USDA will buy $6 million
in surplus ground bison this year, one
quarter of the industry’s ground meat production.
The biggest beneficiary of the purchases
likely would be billionaire Ted Turner,
the industry’s largest producer and most
prominent proponent.”
Turner owns about 17,000 of the
estimated 250,000 bison in the U.S.

Shooting dogs as if it’s going out of style

From ANIMAL PEOPLE, July/August 1999:

PETERSON, N.J.; MEBANE,
N . C .––Firing three shots into a pit bull/
Labrador mix named Disciple, as the dog
mauled Terrance Tate, 4, police officer
Edwin Rodrieguez on June 9 accidentally hit
Tarik Beach, 12, in the left leg with a richochetting
bullet fragment.
Tate’s mother, Christchelle Tate,
indicated to the Hackensack Record that
Beach was the real hero, was already restraining
Disciple before Rodrieguez fired, and that
the gunplay menaced both boys more than the
dog did. Disciple survived all three shots, but
was euthanized later by a veterinarian.
Almost simultaneously, in Mebane,
North Carolina, police sergeant Terance
Caldwell, 33, fired three shots at an alleged
pack of stray dogs. One shot hit Little League
outfielder Nathaniel Tilley, 11, in the calf.
Tilley, not seriously injured, was standing at
the Mebane Arts and Community Center baseball
diamond drinking fountain, a quarter of a
mile away.

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