Farm Sanctuary Investigator's Report

DECLARATION OF Gene Baur (formerly Bauston)

I, Gene Baur (formerly Bauston) , declare:

I know the following facts of my own knowledge and if called as a witness would testify competently thereto.

1. I am the executive director of Farm Sanctuary, a farm animal protection organization with shelters in northern California and upstate New York, and I have a masters degree in agricultural economics from Cornell University.

2. Beginning in 1986, I have conducted hundreds of visits to stockyards, farms, and slaughterhouses around the U.S. documenting farm animal cruelty.

3. During 1993 and 1994, I worked closely with legislators in Sacramento to enact California's downed animal law, penal code section 599f, which went into effect on January 1st, 1995.

4. On Tuesday, March 24th, 1998, Lorri Bauston and I travelled to the Dairyman's and Cattleman's Beef Auction on Bear Mountain Boulevard south of Bakersfield to verify compliance with California's downed animal law (penal code section 599f). We arrived at the stockyard at approximately 4:00 pm, and parked our car near the main auction building.

5. We walked toward the back of the stockyard along the side of the stockyards' holding pens to observe the animals. Some of the cows in the pens were very thin.

6. As we continued toward the back of the stockyard, we saw two downed cows laying in a dirt lot adjacent to the stockyard's holding pens. The cows were not far from a shed which I believe is used by the Brand Inspector since a Brand Inspector's truck was parked right next to the shed.

7. Lorri took a few photographs of the two downed cows. Then a few minutes later, we saw a Coehlo truck drive back toward the downed cows, and it was apparent that the cows were going to be loaded onto the truck.

8. I went to the car to get the video camera, and I drove back toward the downed cows. I positioned my car where I could videotape how the animals would be loaded onto the Coehlo truck.

9. The Coehlo driver pulled what appeared to be a chain attached to a cable out of the back of the truck. He attached the chain to one of the cow's limbs, and she was dragged up a ramp and into the back of the truck. It appeared that the cow was dragged to the front of the Coehlo truck - at least 10 feet.

10. The second cow was approximately 15 to 20 feet away from the back of the truck. She was dragged that entire distance to the ramp at the back of the truck. Like the first cow, she was dragged with a chain around her limbs.

11. As the second cow was beginning to go up the ramp onto the truck, a man drove up next to me in a golf cart and asked me to give him my video camera. I declined his request, and told him that I would leave the stockyard premises.

12. I drove out of the stockyard driveway and parked along the side of the road. I thought I was on a public right of way.

13. Within minutes, the same man drove up to me in the golf cart and told me to leave. I told him that my sole intention of visiting the stockyard was to enforce California's downed animal law, and I offered him a copy of the law. He refused to take the copy of the law and insisted that I leave.

14. I told him that I thought I was on a public right of way and that it wasn't legally his property. He said that he used the 'old fashioned' law, and, waving a cattle prod, he said he would break my jaw if I didn't leave.

15. I said that I hadn't threatened him, and I would appreciate it if he didn't threaten me. He reiterated that he WAS threatening me.

16. I turned to get in the car, and he jabbed me in the middle of the back with his cattle prod.

17. I drove to a pay phone and called Animal Control and the Kern County Sheriff's Department. I explained what had happened to K. Slaten of the Sheriff's Department, and we arranged to meet on Bear Mountain Boulevard near the stockyard.

18. After K. Slaten and I met, we went into the stockyard office to discuss what had just occurred. We spoke with Carla Hixson who said she was the stockyard owner.

19. I gave Carla Hixson a copy of the downed animal law (penal code section 599f). She took the copy, but said she was aware of the law, and she said that downed animals were not accepted, sold or dragged at her stockyard.

20. I told her that I had videotape showing downed cows being dragged at her stockyard. She said that the cows would not have been dragged by a stockyard employee, and she said that she can't keep an eye on everybody who comes to the stockyard.

21. She also said it was illegal to videotape at the stockyard without permission. I told her I was unaware of any law prohibiting videotaping at stockyards, and I asked what law she was citing. She could not provide a specific statute.

22. Near the end of our conversation, I expressed that I should not have been threatened as I was earlier. (I believe the person who threatened me was Jerry Hixson.)

23. After the conversation, I left the stockyard.