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(}> Alley Cat Allies September 21, 2018

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Prosecuting Attorney Dan Wilkinson Deputy Prosecuting Attorney Thomas Pulley Office of the Prosecuting Attorney Criminal Division 321 Main Street, Ste. A Rockport, IN 47635 DWilkinson@spenceoprosecutor.org TPulley@spenceoprosecutor.org

Re: Spencer County Animal Shelter Investigation and Charging Decision

Dear Prosecutor Wilkinson and Deputy Prosecuting Attorney Pulley:

I represent Alley Cat Allies, a global nonprofit advocacy organization dedicated to transforming communities to protect and improve the lives of cats. Since 1990 Alley Cat Allies has been a leading voice in animal protection in the United States, advocating to reform public policies and institutions and carrying out programs and projects across the globe geared toward protecting and saving cats' lives. In fact, in 2008 Alley Cat Allies received the Goodwill Key to the City of New Orleans in recognition of its work to save the Gulfregion's animals following the aftermath of Hurricane Katrina.

Alley Cat Allies has been closely monitoring the distressing situation with the Spencer County Animal Shelter and has engaged us to aid with its own investigation into the allegations. In addition to carrying out interviews of whistleblowers, Alley Cat Allies also requested documents from the Shelter to better understand how this abuse could have occurred. We are providing you with information and documents that we received from the Shelter's attorney, Jefferson Lindsey, that we hope will serve as a helpful resource in your office's efforts to hold the perpetrators accountable.

As an initial matter, the misconception that the Shelter did not have a humane euthanasia policy in place is untrue. Even before the allegations surfaced in August 2018, the Spencer County Animal Control Board had adopted a set of Policies and Procedures that specifically addressed US.120085917.0 I

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the procedure that the Shelter was to follow in humanely euthanizing animals. It provided in relevant part:

EUTHANASIA

Euthanasia is the act of inducing death by chemical means. This act of death shall be performed correctly and professionally by trained animal euthanasia technicians at Animal Control or a licensed veterinarian. All animals are handled in a manner so as to cause the least amount of stress possible. After injections, animals are checked to confirm death. When death is confirmed, animals are placed in a freezer until further disposal is possible.

Enclosed at Tab A is a copy of the Shelter's Policies and Procedures, which comprise just three pages. This euthanasia policy is outlined on the last page.

Following the allegation that its director was freezing cats to death (and directing others to do so), the Shelter's official statement issued on August 14, 2018 by its attorney Jefferson Lindsey stated, "the Board has carefully reviewed its policies and has adopted new policies and procedures to address these unacceptable actions." A copy of that statement is attached at Tab B.. However, the addition to the Shelter's Policies and Procedures to purportedly address the abuse does not even reference euthanasia, but rather the time-frame when sick or injured animals must be seen by a vet:

Upon arrival, severely injured or sick animals, will take priority in being seen by a veterinarian. If on a weekday, the shelter staff will contact the vet to find out if the animal can be seen in a reasonable amount of time. If the animal is brought by an officer or town official during "closed" hours, the staff will tend to it when the shelter reopens. "Closed hours" generally refer to nights, weekends and holidays. Animals that are critical will be made comfortable until the time a vet clinic reopens under normal hours.

This revised policy, which the Board enacted on August 10, 2018, is attached for your reference at J)1b C.

lt is not surprising that this "revised" policy does not even mention euthanasia because the Shelter's previously existing Policies and Procedures already aligned with generally accepted shelter practices for humanely euthanizing animals by providing that they were to receive lethal injections and placed in a freezer only after "death is confirmed." For reference, you can find the American Veterinary Medical Association's Guidelines on Euthanasia here:

https://www.avma.org/KB/Policies/Documents/euthanasia.pdf

Notably, and germane to your investigation, the A VMA's Guidelines provide "Other unacceptable approaches to euthanasia include hypothermia and drowning." Seep. 46, Sec. 1.5 entitled "Unacceptable Methods."

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What is particularly troubling is that the Animal Control Board had revisited the Shelter's Policies and Procedures just a couple of months before the allegations of animal abuse arose. The Board's June 7, 2018 minutes, which are attached at Tab D for your convenience, reveal:

A copy of the Shelter Policies and Procedures were also handed out with minor changes. Kevin made a motion to approve the document. James seconded. All in favor.

What's worse is that Animal Control Officer Christina Payne, who now stands at the center of this abuse investigation and yet is still operating as the Shelter Director, was recorded as present at this June 7th Board meeting. Ms. Payne, as the Animal Control Officer in charge of the Shelter, would have been presumed to have constructive knowledge of the Policies and Procedures she was entrusted with enforcing even absent this evidence. However, the Board's minutes reveal that she had actual knowledge of the Shelter's Policies and Procedures around the same time that she was killing and directing others to kill cats by placing them in a freezer. Her actions were in direct violation of the Shelter's Policies and Procedures that specified animals were to be euthanized by injection and placed in a freezer only after death was confirmed.

As you are aware, Indiana Code§ 35-46-3-12(a) provides only limited immunity to animal control employees euthanizing domestic animals. Specifically, this immunity applies only when "the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility." To the extent Ms. Payne, other board members, or employees were freezing cats alive (or directing others to do so) in direct contravention of the Policies and Procedures approved by the Spencer County Animal Control Board, they are not immune from prosecution under the plain language of Indiana law.

People must be held to account for their crimes. The victims here are not just the tortured animals but also the community who entrusted Ms. Payne and others to protect the county's animals. Animal abuse does not just hurt animals; it affects the entire community. Prosecuting perpetrators who abuse and torture animals is sound public policy, not just to bring justice for the voiceless but also to serve as a deterrent to others who would engage in such cruelty.

We hope that you find this information helpful as you evaluate the other evidence that the Indiana State Police has presented to you. Alley Cat Allies stands ready to help your office in whatever way you deem may be appropriate.

Regards, ,,

Sarah Jenkins

Enclosures

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Cc: Jefferson Lindsey Commissioner James Seiler Commissioner T. Al Logsdon Commissioner Tom Brown

Councilor Steven Winsett Councilor Blake Bunner Councilor Jack Kroeger Councilor Todd Ruxzer Councilor Matthew Knepper Councilor Aaron Benton Councilor David Gogel

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TAB A (3 pages)

TAB B

(1 page)

TAB C (1 page)

TAB D (1 page)