October 18, 2001

Alison Boggs
Prosecuting Attorney
Union County,Ohio
221 West Fifth Street, third floor
Room 333
Marysville, OH 43040

Dear Ms. Boggs:

Enclosed is a videotape showing hens in deplorable health and living conditions at Daylay Egg Farm, 26586 State Route 739, Raymond, Ohio. The video, which was taped on September 1 and 8, shows hens suffering from raging eye and sinus infections, pasteurellae, paralysis, vitamin deficiency, vent peritonitis, hernias, wing hematomas, and blindness. The video also shows a live hen left to die in a trash bin filled with hundreds of dead birds and trash. We respectfully request an immediate investigation of this emergency situation and assurance that appropriate measures will be taken to alleviate the hens' suffering as well as prosecute those responsible.

We fear that other hens are experiencing slow and agonizing deaths through starvation and untreated medical conditions. Under §§959.06 ("Painless Destruction of Domestic Animals") of the Ohio Statutes:

"(a) No person shall destroy any domestic animal by decompression chamber or by any method other than that which immediately and painlessly renders the domestic animal initially unconscious and subsequently dead." Leaving a hen to die in a trash bing or to die of untreated medical conditions or trapped without access to food or water violates this statute. Furthermore, under §959.13 ("Cruelty to Animals"):

"(a)(1) No person shall torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during confinement with a sufficient quantity of good wholesome food or water." Again, the hens trapped in the wire of their cages and the hen left to die in the trash bin were not receiving necessary food or care. In addition, under §1717.01 ("Definitions") :

"(b) "Cruelty," "torment," and "torture" include every act, omission, or neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief." Refusing medical attention to hens suffering from eye and sinus infections, vent peritonitis, paralysis, etc. is neglect. We are asking for your immediate intervention to prevent further suffering. Thanking you in advance for your time, attention and prompt response.

Sincerely,
Nathan D. Runkle, director of Mercy For Animals

encl: Videotape labeled " Animal Cruelty at Buckeye Egg Farm"