Paul Supp Memo App Terrorism Guide

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1 - DEFENDANT PAULS SUPPLEMENTAL MEMORANDUM REGARDING
APPLICATION OF TERRORISM GUIDELINE [U.S.S.G. 3A1.4]
MARC D. BLACKMAN, OSB No. 730338
E-mail: marc@ransomblackman.com
RANSOM BLACKMAN LLP
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Of Attorneys for Defendant Jonathan Christopher Mark Paul
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
UNITED STATES OF AMERICA, )
) NO. CR 06-60125-AA
Plaintiff, )
) DEFENDANT PAULS
v. ) SUPPLEMENTAL
) MEMORANDUM
JONATHAN CHRISTOPHER MARK PAUL, ) REGARDING
) APPLICATION OF
Defendant. ) TERRORISM GUIDELINE
) [U.S.S.G. 3A1.4]
)
INTRODUCTION
As all parties seem to agree, the terrorism guideline [U.S.S.G 3A1.4] applies
only when the government can prove that a defendant committed or intended to promote
one of the offenses listed in 18 U.S.C. 2332b(g)(5)(B)(i) specifically to influence or
affect the conduct of government by intimidation or coercion, or to retaliate against
government conduct. 18 U.S.C. 2332b(g)(5)(A). Recognizing that there is no
connection between the conduct of government and the destruction of the privately
owned Cavel West horse slaughtering operation, the governments May 4, 2007
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1
The only group noted above was the Family. The governments own
memorandum describes this group as Nine [of the 16] members of the Book Club
formed under the leadership of William Rodgers in 2000. Government Memorandum at
75; 123-124. Not only did this group form years after the Cavel West arson, there is no
assertion in governments memorandum and no evidence in discovery that Mr. Paul was
a member or even aware of the existence of such a group. On the contrary, as detailed
below, when government informant Jacob Ferguson introduced the topic of the family
in his surreptitiously recorded conversation with Mr. Paul on March 5, 2005, Mr. Paul
understood him to be using it in its standard dictionary meaning: Parents and their
children. The American Heritage Dictionary [Third Edition]. Actions or expressions
by members of this group, therefore, cannot be attributed to Mr. Paul.
Sentencing Memorandum seeks to impute to Mr. Paul the motive essential to a Federal
crime of terrorism by making assertions about the history of that operation that are
unsupported by the evidence and assertions about Mr. Pauls personal history that the
rules of the guidelines and the terms of his plea agreement do not permit. Defendant
Paul therefore feels compelled to bring these errors to the Courts attention before the
May 15, 2007 hearing.
LEGAL DISCUSSION
A. The Governments Memorandum Misstates the evidence regarding
the reasons the Cavel West horse slaughtering operation was attacked
The government attempts to connect the destruction of the Cavel West horse
slaughtering operation to an intent to affect the conduct of government by asserting:
As noted above, the group
1
on three occasions targeted government wild
horse facilities specifically because they rounded up horses and sent them
away for private slaughter. In their eyes, Cavel West was the most
infamous of these slaughterhouses buying government horses. About six
months before the Cavel West arson, Associated Press reporter Martha
Mendosa published an article describing the BLM wild horse program and
naming Cavel West as a purchaser of government horses. Kevin Tubbs has
acknowledged he chose Cavel West as a target after carefully researching
it. That was not difficult, since the business notoriety was widespread,
especially in the animal rights community. Indeed, the communique refers
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to the countless protests and letter writing campaigns that had been
directed against it, especially after the AP article. The Cavel West arson
was calculated to retaliate against the BLM horse program and to
intimidate and coerce BLM into ceasing the program, as well as to put
Cavel West, BLMs wild horse purchaser, out of business. Government
Memorandum at 62.
The only problem with these assertions by the government is that they are in
direct conflict with the actual evidence. Defendant Paul referred in his May 4, 2007
Memorandum to that portion of discovery that includes Mr. Tubbs explanation of how
he selected Cavel West as a target. Defendant Pauls Memorandum regarding
Application of Terrorism Guideline [U.S.S.G. 3A1.4] at 6. He did not, however,
recount it verbatim. The governments assertions about Mr. Tubbs statement requires
now that he do so:
Tubbs advised that in approximately June or July 1997, his next action
was the arson at Cavel West in Redmond Oregon. Tubbs found Cavel
West as a target, in the newspaper where they detailed the slaughtering of
horses. He drove to Redmond one weekend by himself, and when he got
there, he met an employee of Cavel West as he pulled into the driveway,
Tubbs just said hi. This reconnaissance of Cavel West occurred
approximately three or four months prior to the arson. Tubbs advised that
he told Ferguson about the target. Tubbs stated it was a big place. Tubbs
asked Joe Dibee to come down to look at Cavel West. Tubbs had met
Dibee at the Warner Creek base camp and they became friends. Tubbs did
not know if Dibee was involved in any other actions prior to Cavel West,
but Dibee seemed dedicated. Tubbs stated that he accepted the personal
risk of trusting Dibee. Dibee said there is a way to do damage to the
building, but they needed more people to help them. Tubbs recalled that
Dibee asked Jonathan Paul to help them. Romania Discovery at 1005-
1006.
Mr. Tubbs makes no reference to the BLM in this statement. Nor to the
newspaper articles about Cavel West in discovery that predate the Cavel West arson
[presumably those available to Mr. Tubbs]. On the contrary, they cover such things as
the United States Humane Societys concerns about the inherently inhumane
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2
Undated article from The Redmond Spokesman. Cavel West Discovery at
00213.
3
Ibid.
4
September 28, 1994 article from The Redmond Spokesman. Cavel West
Discovery at 00214.
5
Undated article from The Redmond Spokesman. Cavel West Discovery at
00215-00217.
conditions under which horses destined for slaughter were treated,
2
an incident in
which a semi-load of horses destined for Cavel West was shipped in the summer heat
[and] unloaded in Madras because one horse had suffered a broken leg [and others]
according to an observer...staggered into fences, possibly due to heat stress and
dehydration,
3
complaints about Cavel West polluting the air and ground water as well
as crashing the citys wastewater treatment plant,
4
and its history of dumping blood
into the citys sewer system.
5
These articles are attached to this memorandum as
Exhibits A and B. Not one of them mentions the BLM or the government. Similarly, the
letter to the editor protesting Cavel West included in discovery addresses the
inhumane treatment of horses, not their provenance. See Exhibit C. And perhaps most
significantly, the AP article by Associated Press reporter Martha Mendosa from early
1997 that appears in discovery reports that Bureau of Land Management workers in
Oregon doubt that many of the wild horses in Oregon suffer the fate of a short
trial to the slaughterhouse. Rather, the BLM reported that its herd management
produced horses of such high quality [that] they rarely end up in slaughterhouses.
See Exhibit D. Hence, the actual evidence is that the destruction of Cavel West had
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6
These conditions are depicted in a surveillance video defendant Paul intends to
present as evidence during the hearing on the application of the Terrorism guideline.
nothing to do with government activity and everything to do with the despicable
treatment all horses who ended their lives there endured.
6

B. The evidence refutes the insinuation in the Governments
Memorandum that Defendant Pauls was part of the Family
The government memorandum seeks to impute a nexus between the Cavel West
arson and an intent to influence or affect the conduct of government by asserting that
the group on three occasions targeted government wild horse facilities and implying
that Mr. Paul was part of the group; i.e., the Family. Uncontrovertible evidence in
discovery refutes this implication. It appears in the conversation the government
directed informant Jacob Ferguson to initiate with defendant Paul in March, 2005. It is
clear from Mr. Fergusons manipulation of the conversation that he is seeking some
acknowledgment by Mr. Paul of his awareness of the Family. This manipulation failed
miserably, for Mr. Paul reveals that to him the term simply means parents and children.
The pertinent part of their conversation is set forth here verbatim:
Ferguson: So how have you been?
Paul: Ive been good.
Ferguson: Nice.
Paul: Ive been good.
Ferguson: Staying busy of course?
Paul: Staying busy. Im working on whale issues now.
Ferguson: Right on.
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Paul: Its a good thing. I got married.
Ferguson: Alright. Good for you.
Paul: This woman, Tami, I met from the Makah whaling thing. When I
got into all kinds of legal trouble. She volunteered. Then six
months later we kind of got together.
Ferguson: Nice.
Paul: And then we got married. Um, so thats good. And we live in
Ashland...
Ferguson: Nice.
Paul: Yeah.
Ferguson: Yeah, I was just fuckin, uh, laying low from a lot of my friends
and family, when that shit went down. But, I still uh, been able to
make it over and see, some family members around here.
Paul: Yeah, you know, its unfortunate, but they do, when you have
children, they come after you because they use the leverage
they have on children.
Ferguson: Why is that?
Paul: Because youre a parent, you have an instinct to protect your
children.
Ferguson: Yeah.
Paul: Right. So, they use that.
Ferguson: Thats fucked up.
Paul: Yeah, its fucked up. Its fuckin wrong. But that what...When I
was, you know, when I did the grand jury talk. I said listen, if
you have kids, you have to consider when you have kids, you
know, what youre doing as an activist or how you do it.
Because theyre going to focus on you. You need to make some
decisions. And its okay to decide youre going to be with your
kids and thats it. You know what Im saying? But, you know,
thats, you know, people dont always think that stuff because
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7
Counsel for Mr. Paul is aware of this both because he is familiar with discovery
and because he personally attended this interview. For the reasons discussed in the text,
none of this material may be used by the government or the Court in applying the
guidelines to Mr. Paul. All of this material must, therefore, be disregarded. In an excess
of caution, however, counsel also notes that the governments recitation of Mr. Pauls
description of his involvement in various actions is in error in one major [and other
minor] respects: The government memorandum states that Mr. Paul was aware of fuel
and incendiary devices in the April 3, 1989 action at the University of Arizona.
Government Sentencing Memorandum at 141. That is precisely the opposite of what
Mr. Paul said. He told the government he was not aware of this.
they dont think what happens in their life to get into trouble or
whatever, so its whatever. But, you know...
Ferguson: Yeah dude. Starting, they were trying to come after me cause of
this Romania. The second thing.
Paul: Romania? Whats Romania?
CW 302 at 00624-00626 [emphasis added].
The significance of this government-directed and surreptitiously recorded
conversation is clear. Whatever actions the Family may have undertaken, Mr. Paul
had nothing to do with them.
C. The government improperly seeks to use and have the Court consider
information about Mr. Pauls personal history that is barred by
Sentencing Guideline rules and the terms of Mr. Pauls plea
agreement
In asking the Court to infer an intent to influence or affect the conduct of
government in Mr. Pauls participation in the Cavel West arson, the government relies
on his alleged history involving actions against animal experimentation laboratories and
similar facilities. Government Sentencing Memorandum at 141-143. This recitation is
based entirely on the governments post-plea agreement interview of Mr. Paul pursuant
to that plea agreement.
7
As such, under both the plea agreement and the Sentencing
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Guidelines, this information may not be used against Mr. Paul in determining the
application of the guidelines.
This follows from the terms of defendant Pauls plea agreement. Paragraph 7B of
that agreement provides, in relevant part:
Defendant agrees to disclose to the Government all information in his
possession that is true about his personal participation in any of the
offenses alleged in the indictment and any uncharged criminal conduct.
Defendant agrees to participate in disclosure sessions with the
Government which shall be conducted pursuant to FRCrP 11(f), FRE 410,
and U.S.S.G. 1 B1.8.
Federal Rule of Criminal Procedure 11(f) provides:
The admissibility or inadmissibility of a plea, a plea discussion, and any
related statement is governed by Federal Rule of Evidence 410
[emphasis added].
Federal Rule of Evidence 410, in turn, provides in relevant part:
[E]vidence of the following is not, in any civil or criminal proceeding,
admissible against the defendant who made the plea or was a participant in
the plea discussions:
* * *
(3) any statement made in the course of any proceedings under
Rule 11 of the Federal Rules of Criminal Procedure...
Finally, Application Note 1 to U.S.S.G. 1 B1.8 provides, in relevant part:
This provision does not authorize the government to withhold information
from the court but provides that self-incriminating information obtained
under a cooperation agreement is not to be used to determine the
defendants guideline range.
These provisions together preclude the use of Mr. Pauls post-plea agreement statement
to enhance his guideline range. See, e.g., United States v. Botham, 246 F.3d 676,
2000 WL 1523132, *1 (9th Cir. 2000) [Taking both the proffer agreement and
U.S.S.G. 1B1.8 into consideration, we hold that the district court could not sentence
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Botham based on the statements he made in his April 8 proffer session or the mere
repetition or confirmation of those statements in his session with the probation
officer.]; United States v. Amato, 46 F.3d 1255, 1262 (2d Cir. 1995) [The most likely
source of information concerning Amatos role in the offense was Amatos own
testimony, given...under a cooperation agreement. That agreement, however, provided
that the information provided by Amato may not be considered by the Court in
determining [Amatos] applicable sentencing guideline range. Section 1B1.8(a).];
United States v. Gonzalez, 309 F.3d 882, 887 (5th Cir. 2002); United States v. Taylor,
277 F.3d 721, 724 n. 4 (5th Cir. 2001). See also United States v. Milan, 398 F.3d 445,
456 (6th Cir. 2005) [we decline to interpret Booker s holding that the Guidelines are
not mandatory to mean that district courts are now permitted to consider at sentencing
defendants own proffer statements, which are explicitly protected under 1B1.8.].
And even if the government and the Court were entitled to rely on these
statements, they would not support an inference that Mr. Paul engaged in the Cavel
West arson to influence or affect the conduct of government. They display - as did his
March 6, 1998 lecture at the University of Oregon Environmental Law Conference both
the government and the defendant quote in their respective May 4, 2007 memoranda - a
fundamental commitment to stopping unnecessary animal suffering. While that
commitment could lead to an act intended to influence the conduct of government [for
example, an attack on a government facility where animals were being tortured], it does
not render every attack on a facility that is torturing animals one intended to influence
the conduct of government. That intention must be event specific. The undisputed facts
and context of the Cavel West slaughterhouse arson compel the conclusion that it was
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motivated by a desire to stop a private corporation from inhumanely treating and
profiting from the slaughter of horses and had nothing to do with where the horses may
have come from.
CONCLUSION
For the reasons set forth in Defendant Pauls May 4, 2007 Memorandum
regarding Application of Terrorism Guideline [U.S.S.G. 3A1.4] and this Supplemental
Memorandum, the Court is respectfully urged to find that Mr. Paul is not subject to the
Terrorism Enhancement of U.S.S.G. 3A1.4.
DATED this 11th day of May, 2007.
Respectfully submitted,
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/s/ MARC D. BLACKMAN
MARC D. BLACKMAN
OSB No. 730338
[503] 228-0487
Of Attorneys for Defendant Paul
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1 - CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing DEFENDANT PAULS
SUPPLEMENTAL MEMORANDUM REGARDING APPLICATION OF
TERRORISM GUIDELINE [U.S.S.G. 3A1.4] on the following attorneys by e-mail
transmission of a full and correct copy thereof on the 11th day of May, 2007.
John C. Ray, Esq. john.ray@usdoj.gov
Mr. Kirk A. Engdall, Esq. kirk.engdall@usdoj.gov
Assistant United States Attorneys
United States Attorneys Office
405 East 8th Street
Eugene, OR 97401
Stephen F. Peifer, Esq. steve.peifer@usdoj.gov
Assistant United States Attorney
United States Attorneys Office
1000 S.W. Third Avenue
Portland, OR 97204-2902
Of Attorneys for the United States
Craig E. Weinerman craig_weinerman@fd.org
Office of the Federal Public Defender
151 W. 7th
Suite 510
Eugene, OR 97401
Of Attorneys for Defendant Chelsea Gerlach
Lee D. Foreman ldforeman@hmflaw.com
Haddon, Morgan, Mueller, Jordan,
Mackey & Foreman, P.C.
150 E. 10th Avenue
Denver, CO 80203
Shaun S. McCrea smccrea@callatg.com
McCrea, PC
1147 High Street
Eugene, OR 97401
Of Attorneys for Defendant Kendall Tankersley
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Amanda E. Lee lee@sgb-law.com
Jeffery P. Robinson robinson@sgb-law.com
Schroeter, Goldmark & Bender
810 Third Avenue
Suite 500
Seattle, WA 98104
Kelly R. Beckley kbeckley@beckley-law.com
Beckley Law Firm
P.O. Box 11098
Eugene, OR 97440-3298
Of Attorneys for Defendant Daniel McGowan
Richard L. Fredericks rlfred@comcast.net
750 Lawrence Street
Suite 2
Eugene, OR 97401
Terri Wood twood@callatg.com
Law Office of Terri Wood, PC
730 Van Buren Street
Eugene, OR 97402
Of Attorneys for Defendant Stanislas Gregory Meyerhoff
John Joseph Kolego johnkolego@yahoo.com
John J. Kolego, P.C.
804 Pearl Street
Eugene, OR 97401
Of Attorneys for Defendant Suzanne Nicole Savoie
Daniel L. Feiner dan@danfeiner.com
1030 N.W. 12th Avenue
Unit 5
Portland, OR 97209
Of Attorneys for Defendant Darren Thurston
//
//
//
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Marc P. Friedman mpfriedma@yahoo.com
Marc P. Friedman, Attorney at Law
245 West 13th Avenue
P.O. Box 11167
Eugene, OR 97440
Of Attorneys for Defendant Kevin Tubbs
John E. Storkel oceanpoet@comcast.net
John E. Storkel, PC
1415 Liberty Street, S.E.
Salem, OR 97302
Of Attorneys for Defendant Nathan Fraser Block
William R. Sharp sharp3223@comcast.net
1342 High Street, 2nd Floor
Eugene, OR 97401
Of Attorneys for Defendant Joyanna L. Zacher
Lynn Purdue Lynn_Purdue@orp.uscourts.gov
Sr. United States Probation Officer
405 East 8th Street
Eugene, OR 97401
Nichole Houchins Nichole_Houchins@ord.uscourts.gov
United States Pretrial Services Office
310 West Sixth, Room 106
Medford, OR 97501
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/s/ MARC D. BLACKMAN
MARC D. BLACKMAN
OSB No. 730338
[503] 228-0487
Of Attorneys for Defendant Paul
The Redmond Spokesman, Redmond, Ore.
Horse slaughter
cruel, groups claim
CAVEL WEST 00213
. 'Thelong trailer ride often re-
quired by horses destined for the
slaughter plant is just one reason
animal welfare and animal
rights groups oppose horse
slaughtering.
There is ample evidence
transporting and killing horses
is "inherently inhumane," ac-
cording to David Wills, vice pres-
ident of investigations for the
Humane Society of the United
States.
Horses are routinely shipped
without food or water and HSUS
has documented other shipping
problems, such as mares trying
to protect foals and young horses
frantic to escape the hazing of
older horses and stallions.
Investigations by HSUS also
show upward of 60 animals
packed into cattle trailers lack-
ing adequate head room for hors-
es.
'The organization says it has
found support in Congress for a
law requiring humane transport
of horses.
Stich a bill was introduced by
Rep. Bev Clarno (R-Bend) in the
last session of the Oregon Legis-
lature, but died in committee.
'The effort was in response to
an incident that took place in
Central Oregon.
A semi-load of horses des-
tined for Cavel West was shipped
in the summer heat. The horses
were off-loaded in Madras be-
cause one horse had suffered a
broken leg. According to an ob-
server, the remaining horses
staggered into fences, possibly
due to heat stress and dehydra-
tion.
An investigation the next
day by a local animal rights
group, Action for Animals, found
several horses with extensive
cuts and swelling. At least two
had the hair scraped off their
backs, evidently from the low
trailer roof.
The driver of the truck was
charged with animal cruelty and
in a plea bargain, donated $500
to the Madras 4-Hprogram.
Action for Animals members
were not happy with what they
viewed as a slap on the wrist and
launched the legislative cam-
paign in response.
Helen Lovel, president of Ac-
tion for Animals, said something
must be done.
"We all agree this kind oi
thing can't continue," she said
"The group finds the conditions
horses endure during transpor1
and what they are doing with thr
animals abhorrent.
Many of the horses finding
their way to the slaughter house
are too slow to win money on racr
tracks. Others are useful horses
discarded by bored owners, ani
mal protectionists say.
The sleek, shiny coats anr
finely tuned bodies of the horse
are in stark contrast to the ide:
that only old and crippled horse
are found in slaughter pens, Lov
el said.
Exhibit A
Page I of I
Def. Paul's Supp Memo
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CAVEL WEST 00041
Exhibit C
Page 1 of 1
CAVEL WEST 00214
Exhibit B
Page 1 of4
__J
~ d n e s d a y , September 28, 1994
Concerns
surface
over horse
kill plant
It's been there since before
World War Il, yet many people in
Redmond don't know of its exis-
tence.
It's been cursed by animal
advocates and praised by live-
stock interests; accused of'pollut-
ing the air and ground water as
weU as crashing the city's waste-
water treatment plant.
It is Cavel West, the horse
meat plant located on Railroad
Boulevard just south of Sisters
Avenue.
The plant slaughters from 2Q
to 100 horses a day and ships
fresh and frozen meat to Europe
and Mexico.
Thirteen such plants exist
nationwide.
Tammy Ady, office manager
at Cavel West, defends the indus-
try saying the plant provides
jobs, reduces the national trade
deficit and offers a service to
horse owners tired of paying vet-
erinary bills and with nowhere
else to turn.
Ady deflects claims by ani-
mal advocates that slaughtering
horses is cruel. .
"Every horse that comes
here, belongs here," Adysaid. "If
they were good for anything but
meat, they would be sold for sad-
dle horses."
But plant operating process-
es, including the spillage of
waste bloodinto the citysewer; a
rally planned this weekend; and
ongoing investigations by the
Oregon Department of Environ-
mental Quality, indicate contin-
ued concerns.
See related stories, pages 6,7
S,all ~ I O by Bill MI'.LER
Horses destined for slaughler are held in pens at Cavel Wesl off Railroad Boulevard.
e said imported horses fice manager, said once the hors- second leading livestock industry said.
ly kept one to three es enter ilia plant pens, they in Deschutes County in 1993, Requirements differ
.naybe at the plant as can't leave. contributing a minimum of $6.3 In Oregon, show, breeding
o weeks. "It's death row: she said. million to the local economy. and pleasure horses coming into
ased horses are de- Warbington is concerned Ad}' said, based on sales, the state must have a health cer-
released back to their about air-borne and fly-borne Cavel West contributes about tificate within 30 days prior to
r treatment. Pneurno- diseases, parasites such as ticks half a million dollars to the econ- entry, a negative test for Equine
of the reasons horses and bacteria, and blood-borne omy each month. Infectious Anemia within six
ifused for slaughter, disease. Cavel West provides 25 jobs months prior to entry; a brand in-
1. "We have too many horses in at its Redmond plant, in addition spection and an import permit. A
'arbington fires back, Central Oregon to accept this: to work for truck drivers and horse owner who is stopped and
.ia is too broad of an he said. horse buyers. doesn't have the necessary paper
my liking: Ady admitted horses have The sale of hides to Japan for work can be fined up to $450.
19ton has gotten per- died in the pens and that no use in shoes and belts helps reo However, none of these re-
o autopsy Mexican horses have been autopsied, but duce the nation's trade deficit, quirements apply to horses des-
'. die at CavelWest but said she is unaware of any dis- Ady said, and guts are sold for tined for slaughter.
e. extensive testing ease problems associated with exotic cat food and pharmaceuti- Laura Wyant, executive di-
, dons. the homes at the plant. cal products. rector ofthe Oregon Horse Coun-
y Ady, Cavel West oi- The horse industry was the "Nothing goes to waste, she cil, said the law is not applied
neal my as our horses that cross
state lines: he said. "If they'r-e
sick, they shouldn't take that
kind oftrailer ride."
In 1989, 342,877 horses were
slaughtered nationwide. That
number has slowly declined to a
total of 184,320 reported among
a total of 13 equine slaughter
plants in the US. and its territo-
ries.
Slaughtering itself may have
something to do with the de-
creased numbers.
"There just aren't as many
horses out there: Ady said,
What may come as no sur-
prise isthe motivation for the in-
dustry: money.
Horse meat prices have var-
ied from a high of 70 cents per
pound to a low of 20 cents per
pound. Prices stand at 60 to 63
cents a pound for horses over
1,000 pounds and 45 to 50 cents
per pound for horses under
1,000 pounds. People looking for
saddle horse may pay as much as
75 cents a pound.
But compared with the risk
of introducing unknown strains
of disease into the area, the
slaughter price may be a pit.
tance.
"The palatability of slaugh-
tering horses doesn't need corn-
ment. It's very distasteful. But
the health oflocal horses is much
more important:' Warbington
said.
.vcrcoming history of problems in Redmond
'y to bring it into bal-
.ears ago, the waste
he plant caused bio-
-xygen demand, or
the wastewater treat-
tojump to 2,500 and
per liter.
les limit BODs to 300
-er liter.
evenson, fanner city
{s director, said the
treatment plant was
mpletely down and
Cavel West several
g his tenure with the
Jon said the plant can
even days to recover.
J time, the city strug-
; its waste discharge
s.
rrrent waste loads
exceed code limite-
aid. While the treat-
rnen t plant has not gone into
shock in the past few years, he
said, "it's borderline a lot:
Tammy Ady, Cave West of-
fice manager, said 98 percent of
the blood from the plant aceumu-
lates in storage tanks. The blood
is collected and spread as fertiliz-
er on fields in the Crooked River
Ranch area.
Ady said she hasn't heard
fromthe city about any problems
in over a year.
Of all the industries in Red-
mond, the strain on the system
produced by Cavel West is the
highest, according to the city.
Yet,Cavel pays no more than any
other industry for its use of the
sewer system.
In fact, before a July 1 rate
restructuring, the plant paid
only$84 per month. Since the re-
structuring, the plant pays $268
per month.
Gil Platt, who owns Midstate
Power Products directly west of
the slaughter plant, complained
for years of the odor from the
plant.
Platt said the problem has
improved significantly in the
past year, since the Oregon De-
partment of Environmental
Quality issued a notice of non-
. compliance in November 1992.
The case involved discarding
horse remains in a field south of
the plant. The DEQ called it a
"significant violation of Oregon
environmental law:
Ady said the plant has "done
lots to satisfy their demands," in-
cluding painting the blood tank
to reduce heat, keeping the doors
to the hide room closed, and us-
ing a chlorine process to slow
bacteria growth in blood tanks.
Cleaning up the pile of par-
tial horse carcasses, tails and
blood as well as the reduced pro-
duction at the plant and new
methods have evidently cur-
tailed the odor problems.
However environmental spe-
cialists with the DEQ, said the
plant remains under investiga-
tion.
CAVEL WEST 00217
Exhibit B
Page 2 of4
Def Paul's Supp Memo
Wednesday, Seplember 28, 1994 The Redmond Spokesman, Redmond, Ore.
ieat plant comes under fire
Staff pholO by BIll MILLER
Horses destined for slaughter are held in pens at Cavel West off Railroad Boulevard.
ie said imported horses fice manager, said once the hors- second leading livestock industry said.
lly kept one to three es enter the plant pens, they in Deschutes County in 1993, Requirements differ
may be at the plant as can't leave. contributing a minimum of $6.3 In Oregon, show, breeding
ro weeks. "It's death row: she said. million to the local economy. and pleasure horses coming into
<ed horses are de Warbington is concerned Ady said, based on sales, the state must have a health cer-
leased back to their about air-borne and fly-borne Cavel West contributes about tificate within 30 days prior to
.reatrnent. Pneumo- diseases, parasites such as ticks half a million dollars to the econ- entry, a negative test for Equine
. of the reasons horses and bacteria, and blood- borne orny each month. Infectious Anemia within six
efused for slaughter, disease. Cavel West provides 25 jobs months prior to entry, a brand in-
d. "We have too many horses in at its Redmond plant, in addition spection and an import permit. A
Varbington fires back, Central Oregon to accept this: to work for truck drivers and horse owner who is stopped and
nia is too broad of an he said. horse buyers. doesn't have the necessary paper
r my liking: Ady admitted horses have The sale of hides to Japan for work can be fined up to $450.
ngton has gotten per died in the pens and that no use in shoes and belts helps reo However, none of these reo
to autopsy Mexican horses have been autopsied, but duce the nation's trade deficit, quirements apply to horses des-
t die at Cavel West but said she is unaware of any dis- Ady said, and guts are sold for tined for slaughter.
-e extensive testing ease problems associated with exotic cat food and pharrnaceuti- Laura Wyant, executive di-
e done. the horses lit the plant. cal products. rector of the Oregon Horse Coun
:y Ady, Cavel West of. The horse industry was the "Nothing goes to waste, "she cil, said the law is not applied
equally.
"It's ironic we have to go'
through all kinds of hoops to
travel to shows and rodeos yet
slaughter horses get a free pass-
port," Wyant said.
Warbington would like to see
similar regulations (or horses
imported (or slaughter.
"They should be every bit as
healthy as our horses that cross
state lines: he said. "If they're
sick, they shouldn't take that
kind of trailer ride."
In 1989,342,877 horses were
slaughtered nationwide. That
number has slowly declined to a
total o( 184,320 reported among
a total of 13 equine slaughter
plants in the U.S. and its territo-
ries.
Slaughtering itself may have
something to do with the de-
creased numbers.
"There just aren't as many
horses out there: Ady said.
What may come as no sur-
prise is the motivation for the in-
dustry: money.
Horse meat prices have var-
ied from a high of 70 cents per
pound to a low of 20 cents per
pound. Prices stand at 60 to 63
cents a pound for horses over
1,000 pound. and 45 to 50 cents
per pound for horses under
1,000 pounds. People looking for
saddle horse may pay as much as
75cents a pound.
But compared with the risk
of introducing unknown strains
of disease into the area, the
slaughter price may be a pit-
tance.
"The palatability of slaugh-
tering horses doesn't need com-
ment. It's very distasteful. But
the health oflocal horses is much
more' important," Warbington
said.
ivercoming history of problems in Redmond
py to bring it into bal-
I years ago, the waste
the plant caused bio-
rxygen demand, or
the wastewater treat-
to jump to 2,500 and
; per liter.
des limit BODs to 300
per liter.
tevenson, former city
ks director, said the
. treatment plant was
men t plant has not gone into
said, "it's borderline a lot.'
Tammy Ady, Cave West of
the blood from the plant accurnu.
is collected and spread as ferfiliz.
Ranch area. .
from the city about any problems
in over a year.
per month. The case involved discarding
Gil Platt, who owns Midstate horse remains in a field south of
Power Products directly west of the plant. The DEQ called it a
the slaughter plant, complained "significant violation of Oregon
for years of the odor from the environmental law."
plant. Ady said the plant has "done
Platt said the problem has lots to satisfy their demands: in-
improved significantly in the eluding painting the blood tank
past year, since the Oregon De- to reduce heat, keeping the doors
C":(:"lntl...J)C Environmental to the hide room closed, and us-
, '-' ~ ~ ing a chlorine process to slow
/ ., ..
CA'JEL \NES1 00216
Exhibit B
Page 3 of4
bacteria growth in blood tanks.
Cleaning up the pile of par-
tial horse carcasses, tails and
blood as weIl as the reduced pro-
duction at the plant and new
methods have evidently cur-
tailed the odor problems.
However environmental spe-
cialists with the DEQ, said the
plant remains under investiga-
tion.
Horses destined for slaughter are held in pens at Cavel West off Railr<
worries about
disease
By JAN VOLZ
Spokesman staff writer
The rich, warm scent of hun-
dreds of closely penned horses
acts like a sensory magnet to
flies. Add a good dose ofheat and
a strong dollop of blood and
bones and the stage is set for dis-
ease to bloom.
That combination, in con-
junction with the introduction of
horses from as far away as Mexi-
co, makes Dr. Martin Warbing-
ton nervous.
Warbington, a Tumalo vet-
erinarian, is worried about dis-
eases horses destined for slaugh-
ter may be bringing to the area.
Cavel West, a horse meat
packing plant, is located just a
few hundred yards east of High-
way 97. The plant, which has
been in operation under different
ownerships since 1940, slaugh-
ters anywhere from 20 to 100
horses a day.
Those horses come from Ore-
gon, California,Washington and
Idaho as well as Canada and
Mexico.
Cavel West ships fresh and
frozen horse meat for human
consumption toEurope and Mex-
ico.
Horses are sorted before
slaughter and "only healthy
horses are slaughtered.taccord-
ing to Dr. Helmut Blume, area
supervisor for the food and dairy
officeof the USDA.
Blume said imported horses
are usually kept one to three
days, but may be at the plant as
long as two weeks.
Diseased horses are de-
stroyed or released back to their
owners for treatment. Pneumo-
nia is one of the reasons horses
may be refused for slaughter,
BJumesaid.
But Warbington fires back,
"Pneumonia is too broad of an
answer for my liking."
Warbington has gotten per-
mission to autopsy Mexican
horses that die at Cavel West but
says more extensive testing
needs to be done.
Tammy Ady, Cavel West of-
fice manager, said once the hors-
es enter the plant pens, they
can't leave.
"It's death row; she said.
Warbington is concerned
about air-borne and fly-borne
diseases, parasites such as ticks
and bacteria, and blood-borne
disease.
"Wehave too many horses in
Central Oregon to accept this;
he said.
Ady admitted horses have
died in the pens and that no
horses have been autopsied, but
said she is unaware of any dis-
ease problems associated with
the horses at the plant.
The horse industry was the
second leading livestock industi
in Deschutes County in 199:
contributing a minimum of $6
million to the local economy.
Ady said, based on sale
Cavel West contributes aboi
half a million dollars to the ecor
omy each month.
Cavel West provides 25 jol
at its Redmond plant, in additio
to work for truck drivers an
horse buyers.
The sale of hides to Japan f(
use in shoes and belts helps n
duce the nation's trade defici
Ady said, and guts are sold f(
exotic cat food and pharmaceut
cal products.
"Nothing goes to waste, sh
Cavel West overcoming history of pro
Cavel West, the horse-meat
plant along Southwest Railroad
Boulevard, has had a bumpy ride
through its history in Redmond.
Charges that the plant pol-
lutes the air, ground and sewer
system have drawn in both city
and state officials.
But, from all accounts,
things have improved in the past
year to year and a hale
However, that doesn't mean
a smooth track in the future for
the horse-kill industry.
The plant has an on-going
history ofdumping blood into the
city's sewer system, according to
Ron Ball, wastewater plant su-
perviser.
Ball said Cavel West has
made "lots of progress" from a
few years ago when dumped
blood shocked the se wer trea-
ment plant and required exten-
sive therapy to bring it into bal-
ance again.
Several years ago, the waste
load from the plant caused bio-
chemica oxygen demand, Or
RO.D.s, at the wastewater treat-
ment plant to jump to 2,500 and
3,000 parts per liter.
City codes limit BODs to 300
miligrams per liter.
Stan Stevenson, former city
public works director, said the
wastewater treatment plant was
knocked completely down and
tracked to Cavel West several
times during his tenure with the
city. Stevenson said the plant can
take up to seven days to recover.
In the meantime, the city strug-
gles to meet its waste discharge
permit limits.
And, current waste loads
continue to exceed code limita-
tions, Ball said. While the treat-
ment plant has not gone into
said, "it's borderline a lot."
Tammy Ady, Cave West of-
the blood from the plant accumu-
is collected and spread as fertiliz-
Ranch area.
from the city about any problems
in over a year.
Of all the industries in Red-
mond, the strain on the system
produced by Cavel West is the
highest, according to the city.
Yet, Cavel pays no more than any
other industry for its use of the
sewer system.
In fact, before a July 1 rate
restructuring, the plant paid
only $84 per month Since the reo
structuring, the pays $268
per month.
Gil Platt, who owns Midsta
Power Products directly west,
the sla ughter plant, complainr
for years of the odor from tl
plant.
Platt said the problem hr
improved significantly in tr
past year, since the Oregon D
partment of Environment:
Quality issued a notice of no;
compliance in November 1992.
CAVEL WEST 00215
Exhibit B
Page 4 of4
:rEJ 7/22/'17 .:It: E:'y' Ch-3f-
jt Ey Lines 79
'/ #,;':; Iopi c HCfSES Ke;M')>,d E:CU
et our ['",st Autk'r
S'X:';' Ort:?g:rn ,';(tr"ses resch s j aijfJiYt:.>;?rh')IJSr;'
t: Hi id horses ad($ih:d j n S('liE' b2 (If; ";t';,):"t t(.:: i 1
ghteri'.,:;fj=-t?, Burt-orJ of Land N6fl:ig:?!:it::'nt in dl)tijl; many ;)f thi s
'" "s horses suff.;or til", same f
hsc;.al Derde , proper iet or
h", I::-"wl \oj;:,;;t horse s iauqh-
"9 plant in sa id
- 90 percen t (.f ELM
:ughter (':0/1'>2 fr(m in-state,
estiilldtt>s 1;1-"" plant
,t,,:ut ,:{. E:L.Pl fors>?s a year ,
IE" s n(,t a1 rt"ace
e iii story (If
Tht'y (ome H! th tht'
s.:Wy ., he S; i d.
"" Etii's E:urns Iristr ict In
t:odsti-rT' Oregon haS ,)frt2f-2d
and burros t(lr adr:.p-
:.:ncE: the L3'tf. l';''70s .and f..ypi-
ddopts out :j)O to 5((1 f;(lr"S('S
'. ;')O:O:>I,g tb';fii are thE'
j Vi gef bf:'! i t;A,-'t!1
d j(;.:,(t ;:;f tnt:'
':Ddnish.
in !(. Li::': 1 -5. H" i! d
;1) i;: bt.:--
oi ti2n1 [ii.::iEI.9({it:il t
h(.r::.t--:;,.
h ity .. ' IE
U . h-::r2
t(l ht,:H: !t' --:.
j 11 31d I::{ tht: bf<'=: t .-} n-
H't- iE-it ld ::.1) f:'ilsure trh?
<t, ,,n:;;:h.
r ': t"(' :.lIJ(,r t
'__I';' "1'.' ::J _ ,;:"1>
CAVEL WEST 00042
Exhibit D
Page lof2
I.:, \-;, .. .,#
nd /):,r-"""5, "["II",ra ssid ,
(IDle d(,o': H3r:t
""S b;, a 51i!ughtE-rrK"1S"'. Tr,2'1
us pi ctures of the r,,:orses
their kids."
sei d she gets verv f f'i
-:> t rom s,lil ughkrr,;,us2s './\:'r i f v:
ttP- brands d horses Jdo:oct':J
ugh the EtN, alti'l;.ugh Hit:'
cy t be contsc ted (,ne",
t:' to:, a horse ha: b"""n trans-
d frem the -j9"'ncy b:, a pr i-
individuill.
o:.dger Huffbl<ln, dirKt.)( .;.f
stiit" brand inspec tion pr.;,-
said in his !2;;p"rit?iicfo wr\'
ht)r=.i?s S(J}d .a t auc t kn
f:S haw: the distinctive tV]
d. Al1cti (Ins are P.l(st
.,.5 bound f,x 514ught"r are
"llera said On2g,)fI horses ar"
h 1,\,)1'", thsu HI',]!; il liefs,;.n
j gel; at a sl 3ughtt'rhl) u'.:J' 2 .
i mustangs are thE' fill)J.;t
jb I t?, and sre J-!(,rth tlxu-
s of G(fllars each (In f)P2i1
2t. The Burns District a.1,;.p;;-
ut ::5 (If the r,;,rses th i 5 i'e;f.
? II era specul ate;j that in (.th-
3rts f tht? c(,untry l;r>.?r" Id
; are b:H;o I arif-' and ho:.(;.;s
;n such 9)(,d;hap", "ni-
H" ght be mo:ore I iktly t(, HiilG
)ing t(1
CAVEl WEST 00043
Exhibit D
Page 2 of2
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