2016 National High School Mock Trial Case - Wortherly's Classesq2edu.weebly.com/.../4/7/10478499/2016_national_mock_trial_case… · 2016 National Mock Trial Case -1- v1.0: 1 April,

2016 NATIONAL HIGH SCHOOL

MOCK TRIAL CASE

2016 National Mock Trial Case -1- v1.0: 1 April, 2016


2016 National Mock Trial Case -i- v1.0: 1 April, 2016

Table of Contents

Background ............................................................................................................................... 1

Disclaimer ................................................................................................................................. 1

Version Changes & Clarifications ............................................................................................ 1

Stipulations .............................................................................................................................. 2

Complaint & Answer ................................................................................................................ 5

Complaint .............................................................................................................................. 5

Answer..................................................................................................................................10

Witness Statements .................................................................................................................13

Plaintiff Witness Statements ...............................................................................................13

Shannon Bennett ..............................................................................................................13

Sam Dacy ..........................................................................................................................22

Illan Zabala .......................................................................................................................31

Defense Witness Statements ...............................................................................................39

Luz Bennett ......................................................................................................................39

Gabby Echevaria ..............................................................................................................47

Dr. Sandy Murphy ............................................................................................................54

Exhibits ....................................................................................................................................64

Exhibit 1: Note Found on Sheep Pen ...................................................................................65

Exhibit 2: Photograph of Book, Found Open to Description of Bluetongue .......................66

Exhibit 3: Article about October 2002 ETA Bombing .........................................................67

Exhibit 4: Bluetongue Fact Sheet ........................................................................................68

Exhibit 5: Photograph of Broken Vial of Bluetongue Vaccine ............................................69

Exhibit 6: Internet Search History from Luz Bennett’s Computer ....................................70

Exhibit 7: Grazing Permit ...................................................................................................71

Exhibit 8: Livestock Bill of Sale ..........................................................................................72

Exhibit 9: Text Messages between Gabby Echevaria & Illan Zabala .................................73

Exhibit 10: Shannon Bennett’s Bank Statement ................................................................74

Exhibit 11: License Plate Search .........................................................................................75

Exhibit 12: Review of the Black & Tan Restaurant ............................................................76

Exhibit 13: Sandy Murphy’s Report ....................................................................................77

Exhibit 14: Translation of Bluetongue Article from French Journal .................................79

Exhibit 15: Photo of Bluetongue Vaccine on Shelf at Flying B Ranch ...............................80

2016 National Mock Trial Case -ii- v1.0: 1 April, 2016

Jury Instructions .....................................................................................................................81

Preliminary Instructions .....................................................................................................81

Instruction No. 1: Role of the Jury ...................................................................................81

Instruction No. 2: Evidence ..............................................................................................81

Post-Trial Instructions .........................................................................................................84

Instruction No. 3: Burden of Proof ...................................................................................84

Instruction No. 4: Issues in the Case ...............................................................................84

Instruction No. 5: Elements as to Trespass Upon Livestock ...........................................85

Instruction No. 6: Interfering or Intermeddling with Possessory Interest in Livestock 85

Instruction No. 7: Intent ..................................................................................................85

Instruction No. 8: Agency .................................................................................................86

Instruction No. 9: Sympathy and Prejudice .....................................................................87


Background

On a glorious autumn day in October 2015, sheepherder Illan Zabala is returning home for the winter to Picabo, Idaho with his/her fattened flock of sheep. After summer of grazing over the Galena Summit in the Sawtooth Mountains, Zabala is ready for Hailey, Idaho’s Annual Trailing of the Sheep Festival, which celebrates the traditions of sheepherding as well as Zabala’s proud Basque heritage.

For the last three years, during the week-long festival, part of Illan’s flock has been mysteriously dying from a disease known as bluetongue. Illan has grown suspicious that local cattle rancher, Luz Bennett, or someone working on Luz’s behalf, has been purposely infecting Illan’s flock, so Illan contacted the Idaho Department Fish & Game. One of the Fish & Game representatives, Sam Dacy, conducted an investigation into the matter. At the conclusion of the investigation, Illan decided to file a civil suit against Luz Bennett and Luz’s business, The Flying B Cattle Ranch, for Trespass of Livestock.

Disclaimer

This is a work of fiction. The names, characters, businesses, organizations, places, events, and incidents herein are the product of the authors’ very vivid imaginations.

Version Changes & Clarifications

Version 1.0, dated 1 April, 2016 does not include any changes.


Stipulations

1. This action has been separated into two trials (bifurcated). The only issue that needs to be proven in this trial is trespass of livestock, i.e. liability. The issue of damages will be addressed in a subsequent trial, if necessary.

2. All exhibits included in the case materials are authentic and accurate representations of the items they depict, and the proper chain of custody with regard to the exhibits has been maintained. All parties must still use the proper procedures for admitting exhibits into evidence, and all exhibits are subject to objection other than as to their authenticity.

3. The signatures and signature representations (items marked with /s/) on the witness statements and all other documents are authentic. No challenges based on the authenticity of witnesses’ signed documents will be entertained. Each witness was given an opportunity to update or amend his/her statement shortly before trial, and no changes were made.

4. The dates of witness statements are not relevant and are not included. No challenges based on the dates of the witness statements will be entertained. All statements were taken after the alleged incidents but before trial.

5. The jurisdiction and venue are proper.

6. All parties have agreed to the jury instructions.

7. Each witness can be portrayed by a student of either gender. Any instances where a witness is only referred to as only “him” or “her” or only “he” or “she” is inadvertent.

8. It is anticipated that the trial time will not permit the use of all the exhibits provided in the following materials. Each party should select and use only those exhibits that best support and illustrate that party’s theory of the case.

9. Pursuant to Idaho practice, no party needs to tender an expert witness before that witness may provide an expert opinion. However, proper foundation for those opinions and for the witness’ expertise must be laid before the witness may offer an expert opinion.


10. Exhibit 1 is a photograph of a note that Illan Zabala claims to have found at his/her sheep pen, as described in lines 166-169 of Zabala’s statement. The photograph is an accurate depiction of the note. The parties do not stipulate that Zabala actually found the note as Zabala claims.

11. Exhibit 2 consists of two photographs retrieved from the cellular telephone of Shannon Bennett. Bennett claims to have taken them as described in lines 122-125 of Bennett’s statement. The parties do not stipulate that Bennett took the photographs as Bennett claims or under the circumstances Bennett describes.

12. Exhibit 4 is a fact sheet published by the University of Idaho College of Agricultural & Life Sciences. The University of Idaho is a state institution, and the College of Agricultural & Life Sciences is chartered by the State of Idaho to advance the knowledge of the citizens of Idaho in the health and welfare of people and animals, and it is required by law to educate the public about threats to those interests.

13. Exhibit 5 is a photograph of that Sam Dacy claims to have taken, as described in lines 174-180 of Dacy’s statement. The parties do not stipulate that Dacy actually took the photographs as Dacy claims or under the circumstances Dacy describes.

14. Exhibit 6 is a screen shot that Sam Dacy claims to have retrieved from Luz Bennett’s computer, as described in lines 192-197 of Dacy’s statement. The parties do not stipulate that Dacy actually obtained the screen shot as Dacy claims or under the circumstances Dacy describes.

15. Exhibit 9 is a screen capture from the cellular phone of Illan Zabala.

16. Exhibit 10 is a bank statement received in response to a subpoena to Chase Bank for the account of Shannon Bennett dba Black & Tan. The subpoena was issued in the process of civil discovery in this action, and Chase Bank regularly generates and maintains account records for its account holders in the course of its banking business.

17. Exhibit 14 is a Google translation of an article from the journal of L’Ecole Centrale de Lyon (“ECL”), one of the oldest graduate schools of engineering and science in France. The article was written by Francois Glover, an ECL professor, and his


colleagues. It was retrieved from ECL’s website by Sam Dacy, as described in lines 153-163 of Dacy’s statement.

18. Exhibit 15 is a photograph retrieved from the cellular telephone of Shannon Bennett. Bennett claims to have taken the photo as described in lines 231-246 of Bennett’s statement. The parties do not stipulate that Bennett took the photographs as Bennett claims or under the circumstances Bennett describes.

19. At all times since 2012, at the latest, Gabby Echevaria has been employed by Luz Bennett and/or by the Flying B Ranch. The parties stipulate that the actions taken by Echevaria since 2012 referenced in the statements, if taken at all, were taken within the scope of that employment. The parties do not stipulate that any statements made by Echevaria referenced in the statements, if actually made, were made in the scope of that employment.

20. Illan Zabala reported Luz Bennett, Gabby Echevaria, and the Flying B Cattle Ranch to the Idaho State Police at approximately the time that s/he filed this civil complaint. As of the time of this (civil) trial, no charges have been filed.


Complaint & Answer

Complaint Adelson, Bauges, Dickison, Fleming & Shoufler, P.A. Attorneys for the Plaintiff By: Jem Trotter, Attorney at Law 1983 Idaho Street Ketchum, ID 83340 ISB No. 013087

IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO AND FOR THE COUNTY OF BLAINE

ILLAN ZABALA, ) ) Case No. NMT2016 Plaintiff ) vs. ) )

) COMPLAINT AND DEMAND FOR JURY TRIAL

LUZ BENNETT, Individually and d/b/a THE FLYING B CATTLE RANCH,

) )

) Defendant )

COMES NOW the plaintiff, Illan Zabala, by and through his/her attorney of record, Jem Trotter, and for his/her complaint against the defendant, Luz Bennett, individually and doing business as The Flying B Cattle Ranch, hereby states and alleges as follows:

JURISDICTION AND VENUE

1) Plaintiff Illan Zabala (“Zabala”) is and at all times relevant hereto was a resident of

Blaine County in the State of Idaho.

2) Defendant Luz Bennett (“Bennett”) is and at all times relevant hereto was a resident of

Blaine County in the State of Idaho.

3) The Flying B Cattle Ranch (“Flying B”) is an assumed business name registered to Luz

Bennett. The Flying B’s principle place of business is in Blaine County in the State of

Idaho.

4) All the events complained of herein took place in Blaine County in the State of Idaho.


5) Jurisdiction and venue are properly in this court.

FACTS

6) Zabala is a fifth generation sheepherder. Zabala immigrated to the United States from Spain in 2003. S/he owns a herd of sheep that reached a peak of approximately 1,500 head in 2012, and as a result of the events complained of herein is now approximately 750 head.

7) Every May, Zabala takes his/her herd over the Galena Summit in the Sawtooth Mountains for summer grazing. Every October, Zabala brings the herd back to his/her home ranch near Picabo, Idaho for the winter.

8) For three consecutive years beginning in 2010, Zabala has returned from the Sawtooths in time to attend the week-long Trailing of the Sheep Festival (“Festival”) in Hailey, Idaho (early October).

9) Prior to October 2013, Zabala’s sheep had never contracted any illness at the Festival.

10) During the period of October 6 to 13, 2013, while Zabala was attending the Festival 107 of Zabala’s sheep became ill. A veterinarian made a diagnosis of bluetongue, a viral disease prevalent mostly in the southern and southwestern states. Bluetongue had not been seen previously in Idaho.

11) All 107 sheep died. No other sheep at the 2013 Festival contracted the disease, and none of Zabala’s sheep contracted the disease following the Festival.

12) During the period of October 5 to 12, 2014, while Zabala was attending the Festival 213 of Zabala’s sheep become ill. A veterinarian again made a diagnosis of bluetongue. All 213 sheep died. No other sheep at the 2014 Festival contracted the disease, and none of Zabala’s sheep contracted the disease following the Festival.

13) During the period of October 4 to 11, 2015, while Zabala was attending the Festival 436 of Zabala’s sheep become ill. A veterinarian again made a diagnosis of bluetongue. All 436 sheep died. No other sheep at the 2015 Festival contracted the disease, and none of Zabala’s sheep contracted the disease following the Festival.


14) As a result of the bluetongue disease Zabala lost a total of 756 sheep, or approximately 50% of his/her herd.

15) Luz Bennett is a fourth generation cattle rancher in the Picabo area of Blaine County.

16) In February 2013 Bennett confronted Zabala about Zabala’s sheep grazing in areas where Bennett wanted his/her cattle to graze. Bennett told Zabala that s/he should keep his/her sheep out of that area so that “nothing bad happened to them.” Bennett said that all the other sheep herders in Blaine County had learned to stay out of Bennett’s way, and that Zabala needed to learn, too.

17) In October 2013 Bennett told Zabala that Bennett had heard about Zabala’s loss of sheep at the 2013 Festival. Bennett said that “maybe it was something they ate or drank,” and that “they should go someplace where they don’t run the risk of getting hurt.”

18) In October 2014 Bennett told Zabala that Bennett had heard about Zabala’s loss of additional sheep at the 2014 Festival. Bennett told Zabala that s/he “should really move those sheep somewhere else, as you never know what they might catch.”

19) In October 2015 Bennett told Zabala that Bennett had heard about Zabala’s loss of additional sheep at the 2015 Festival. Bennett told Sam Dacy, an investigator with the State of Idaho, that Zabala “had better move the sheep to healthier land” and that “Zabala just seems to be one of those people who never learns.”

20) Zabala has at all times relevant hereto had a Bureau of Land Management grazing permit for that area. Zabala only uses the area for winter grazing, and does not graze the sheep in that area until after the Festival.

21) In October 2015 Zabala hired Sam Dacy (“Dacy”) to conduct an investigation into the death of Zabala’s sheep.

22) Dacy tested grass samples in the winter grazing area and found no evidence of bluetongue.

23) Bluetongue is transmitted between animals by infected gnats. Dacy found no evidence of any other animals in the region with bluetongue.


24) Based on information and belief, the bluetongue was introduced into the food or water supply of Zabala’s sheep at the Festival by Bennett or someone acting on Bennett’s behalf.

COUNT I – TRESSPASS OF LIVESTOCK

25) Bennett committed trespass upon the sheep belonging to Zabala, as follows:

a. On or about October 6 to 13, 2013 Bennett, personally or through an agent, personally or in his/her capacity as an owner, officer, or agent of defendant, The Flying B and in the interests of The Flying B, without Zabala’s consent, interfered with Zabala’s possessory interest in sheep by intentionally introducing the bluetongue virus into Zabala’s herd;

b. Bennett’s intent in introducing the bluetongue virus was to impair the condition, quality, or value of Zabala’s sheep; and

c. Bennett’s actions caused damage to Zabala in that 107 of Zabala’s sheep died.

COUNT II – TRESSPASS OF LIVESTOCK


a. On or about October 5 to 12, 2014 Bennett, personally or through an agent, personally or in his/her capacity as an owner, officer, or agent of defendant, The Flying B and in the interests of The Flying B, without Zabala’s consent, interfered with Zabala’s possessory interest in sheep by intentionally introducing the bluetongue virus into Zabala’s herd;



COUNT IIII – TRESSPASS OF LIVESTOCK


a. On or about October 4 to 11, 2015 Bennett, personally or through an agent, personally or in his/her capacity as an owner, officer, or agent of defendant, The Flying B and in the interests of The Flying B, without Zabala’s consent,


interfered with Zabala’s possessory interest in sheep by intentionally introducing the bluetongue virus into Zabala’s herd;



PRAYER FOR RELIEF

WHEREFORE, plaintiff requests relief from defendant as follows:

A) That judgment be entered in favor of Zabala and against Bennett and The Flying B;

B) That compensatory damages be awarded to Zabala in an amount to be determined at trial;

C) That punitive damages be awarded to Zabala in an amount to be determined at trial;

D) That costs and attorney fees be awarded to Zabala; and

E) That such other remedies as this court may deem just and proper be awarded.

DATED this 1st day of April, 2016

JEM TROTTER Adelson, Bauges, Dickison, Fleming & Shoufler Attorneys for Plaintiff


Answer Gutman & Cairo, PLLC Attorneys for Defendant By: Micah Thompsen, Attorney at Law 1941 Green Street Ketchum, ID 83340 ISB No. 069142

IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO AND FOR THE COUNTY OF BLAINE

ILLAN ZABALA, ) ) Case No. NMT2016 Plaintiff ) vs. ) ) ANSWER LUZ BENNETT, Individually and d/b/a THE FLYING B CATTLE RANCH,

) )

) Defendant )

COMES NOW the defendant, Luz Bennett, individually and d/b/a The Flying B Cattle Ranch, by and through his/her attorney of record, Micah Thompsen, and for his/her answer to the plaintiff, Illan Zabala, hereby states as follows:

JURISDICTION AND VENUE

1) Defendant, Luz Bennett, (“Bennett”) ADMITS the allegations in paragraph 1.

2) Bennett ADMITS the allegations in paragraph 2.


4) Bennett is without sufficient information to admit or deny the allegations contained in

paragraph 4, and they are therefore DENIED.

5) Bennett ADMITS that jurisdiction and venue are properly before this court.

FACTS

6) Bennett ADMITS that Zabala is a fifth generation sheepherder, that Zabala immigrated to the United States from Spain in 2003, and that Zabala owns a herd of sheep. Bennett is without sufficient information to admit or deny the remaining allegations in paragraph 6 and therefore they are DENIED.



8) Bennett is without sufficient information to admit or deny the allegations in paragraph 8 and therefore they are DENIED.


10) Bennett ADMITS that bluetongue had not been seen in Idaho prior to its introduction by Zabala’s herd in 2013. Bennett is without sufficient information to admit or deny the remaining allegations in paragraph 10 and therefore they are DENIED.






16) Bennett DENIES the allegations in paragraph 16.




20) Bennett ADMITS that Zabala has a Bureau of Land Management grazing permit. Bennett is without sufficient information to admit or deny the remaining allegations in paragraph 20 and therefore they are DENIED.






COUNT I – TRESSPASS OF LIVESTOCK


COUNT II – TRESSPASS OF LIVESTOCK


COUNT IIII – TRESSPASS OF LIVESTOCK


PRAYER FOR RELIEF

WHEREFORE, defendant requests relief from plaintiff’s complaint as follows:

A) That judgment be entered in favor of Bennett and The Flying B Cattle Ranch and against Zabala;

B) That Zabala’s complaint be dismissed with prejudice;

C) That costs and attorney fees be awarded to Bennett; and

D) That such other remedies as this court may deem just and proper be awarded.

DATED this 6th day of April, 2016

MICAH THOMPSEN Gutman & Cairo, PLLC Attorneys for Defendant


Witness Statements

Plaintiff Witness Statements Shannon Bennett

My name is Shannon Bennett. I am a 25-year-old business-owner in Hailey, Idaho. I am 1 sure you have heard of my place, Black & Tan. I opened it in January 2013, when the door 2 to a future in ranching was slammed in my face. It grew really fast. It is a restaurant and 3 bar combo. Super popular, by the way, I’m sure you have heard of it. Definitely the “it” 4 place in town. We have great food and local microbrews. Though sometimes people go a 5 little heavy on the microbrews and I need to step in and cut them off. When people get to 6 drinking they say and do the most idiotic things sometimes. But that’s a hazard of the job I 7 suppose, right? I still love what I do, though. And I am quite proud of where I am at. 8 Though I am still young, I have done well for myself with my business. Yes, I got one or two 9 poor reviews, but that was really early on. The restaurant is doing very well now. I pride 10 myself on being “self-made.” 11

Although my family is very wealthy, they refused to give me any support for my 12 business. I had to borrow pretty heavily from my friends – my Basque friends really rallied 13 around to help me out – until I could get into my trust fund to get Black & Tan up and 14 running, which is really unfair because the trust fund was supposed to be my nest egg for 15 later in life. I had to sue my father/mother for that, and I’m still trying to get the legal fees 16 out of him/her. You would think that when a judge signs an order, that would be that, but 17 not with Luz Bennett. S/he will try every trick in the book to keep from parting with money. 18 It would be easier to steal it from him/her! Anyway, that is why that bank statement you 19 have makes it look like I am a pauper. I have to keep the business up and running so I can’t 20 take a salary for myself willy-nilly. Sometimes I have to forgo paying myself when I need 21 something for Black & Tan. You just happened to get a bank statement from one of those 22 times. Whatever, I am over it. On the whole, I do quite well. 23

Tell you more about my family refusing to support me? You bet I will! As you know, my 24 mother/father is Luz Bennett. Our family has been cattle ranchers forever and is not only 25 stinking rich but really a huge name in this area. And my mother/father has an ego to 26 match. Actually, even calling Luz my mother/father sticks in my throat, so I’ll just stick 27 with “Luz.” Anyway, Luz thinks s/he is really something special. S/he is very well connected 28


socially and politically. But some of those connections are less about seeing Luz as a great 29 friend and more about people lining their own pockets, if you know what I mean. You 30 should see the way people fawn on him/her. I’ve even seen Illan fall under his/her spell in a 31 weak moment. All the flattery just makes Luz even more sure of his/her superiority. S/he 32 feels like s/he can boss everyone in the entire community around, including his/her family, 33 or maybe I should say especially his/her family. S/He felt s/he had some right to tell me how 34 I should live my life. I needed to live up to the family traditions and become a cattle 35 rancher, or marry someone who could further the family business. Like we were still living 36 in the 1800s. Can you believe that? Luz doesn’t take refusal well. So when I put my foot 37 down and told him/her that I was not going to dedicate my life to furthering the family 38 cattle business by being a crook, well let’s just say you wouldn’t have wanted to have been 39 in the room when s/he threw me out. 40

Yes, I know Illan Zabala, s/he is a friend of mine. We met years ago, when I was 41 tutoring English at the College of Southern Idaho. Illan is Basque. Such a proud heritage! 42 We have become really close friends and Illan has taught me so many things about the 43 Basque culture. S/he taught me all about the Dantzari Dantza, a Basque dance, and has 44 cooked croquetas for me many times. I’ve considered adding some Basque items to our 45 menu at Black & Tan. S/he was devastated about his/her sheep, I felt so bad for him/her. To 46 add insult to injury, s/he had been joking just a few weeks before the incident that if a 47 couple of his/her sheep would just “meet with an unfortunate accident” s/he could use the 48 insurance to buy some new equipment s/he badly needed for his/her business. Can you 49 imagine the utter guilt s/he felt about joking about something like that when s/he actually 50 did lose some of his/her beloved sheep? Poor Illan. S/he is such an amazing and shrewd 51 business person. S/he is very ambitious; s/he would do anything to further his/her 52 enterprise, especially because his/her success would be a huge blow to Luz’s power! I feel 53 terrible that my mother/father did such an awful thing to stand in the way of his/her 54 success. 55

And yes, I absolutely believe Luz is capable of killing sheep. As his/her son/daughter, I 56 have grown up seeing the awful way s/he treats people and the shady way s/he does 57 business. S/He will do anything to get what s/he wants, even breaking the law. 58

Oh, the stories I can tell! Before I confronted Luz and was banished from the family, I 59 remember one night I overheard him/her talking and planning something illegal. It was 60


sometime in the spring of 2012, and I remember there was a really loud storm – one of 61 those so-loud-it’s-hard-to-hear-yourself-think storms we get at that time of year – and I 62 couldn’t sleep, so I went downstairs to make myself some warm milk. As I was walking past 63 his/her study, the door was ajar and I heard angry, hushed voices. I moved closer, and 64 heard Gabby Echevaria say, “no, I’m too scared! What if I get caught?” “No” is a word Luz 65 does not like. Luz raised his/her voice in a yell – a very rare thing, as people usually just 66 curl up at the mere sound of his/her voice – and said, “How dare you say no to me! You work 67 for me and you will get rid of those sheep! And make it look like an accident!” It scared me 68 to hear Luz so angry, and it clearly scared Gabby, too, from the way s/he stammered an 69 apology. So I ran back up to my room. I never mentioned it to anyone. I was too terrified. 70 Well, I think I actually mentioned it once to Illan, so s/he would know that Luz and Gabby 71 might try something. 72

Another time I was actually with Luz when s/he went on one of his/her shakedown 73 cruises. It was in the summer of 2012, and it was right before our final confrontation. I 74 remember being very uncomfortable, but, again, I was too terrified of Luz to defy him/her. 75 Luz had a map spread out on the bench seat between us with five or six places marked on 76 it. We drove this big loop, stopping at sheep ranches along the way. I wanted to stay in the 77 truck, but Luz insisted I come with him/her. S/he said if I was going to be a good cattle 78 rancher I had to learn how to deal with “these damn sheep people.” His/her words, not 79 mine. At each ranch Luz would find the owner and act real nice, real smooth, like it was 80 just a friendly visit. It was anything but! After a little small talk, the speech usually went 81 something like, “you know, every year I get more concerned about you sheep people. This 82 country is just not good for sheep. They’ve never done as well as cattle here. They’re so frail, 83 you just never know when wild animals or diseases will wipe out a flock, and then they 84 might spread a disease to the cattle. Did you hear that so-and-so lost 20 sheep the other 85 night? It’s a shame, really.” And then Luz would shake their hand, put his/her other hand 86 on their shoulder, and look them dead in the eye while s/he said, “I mean it. You should 87 definitely get out of the sheep business. It will be better for all of us.” There was no 88 mistaking the tone in his/her voice. I grew up hearing that cold steel threatening tone, and 89 I knew how it made you feel. And it worked! Over the years, several sheep herders gave it 90 up. I’m sure that’s why Gabby gave up sheep herding and went to work for Luz. 91


Luz’s criminal behavior was what finally caused the rift between us, although I admit it 92 took years for me to have the guts to do anything about it. Growing up I adored my 93 dad/mom, and never thought twice about anything s/he wanted me to do. S/he taught me 94 how to cut a fence and make it look like an animal had broken through. S/he taught me how 95 to lure sheep away from a heard without getting caught. It was like a game we would play. 96 You have heard of cow tipping right? Well this was sheep sneaking. We used to see how 97 many we could sneak in a day. Luz always talked about those awful sheepherders and how 98 they were completely ruining the cattle-rancher way of life and stole grazing land. Cattle 99 were here first, and we were only doing what we had to do to protect our rights and our 100 livelihood. I didn’t think twice about doing these things. Of course, I feel terrible about all 101 that now, and I just hope my testimony can make up for all the harm I’ve done. 102

I was 16 or 17 and still in high school when it started to dawn on me that what I was 103 doing wasn’t right. I started to make friends with some of the Basque kids and realized that 104 their families were just trying to make a living, too. I started dating one of the sheep 105 herder’s kids, and it was Romeo and Juliet all over again. It was love, I don’t care what 106 people say about high school romances. But when our parents found out they all went 107 ballistic. We were both told in no uncertain terms that cattle and sheep didn’t mix, and 108 neither did sheepherders and cattle ranchers. And what could we do? We couldn’t run away 109 together. We tried to keep our relationship a secret after that, but the strain of it destroyed 110 us. I was heartbroken. I resented Luz for that. S/he still expected me to be all cattle all the 111 time, but after I saw the hardship that we were causing real people that I cared about, it 112 wasn’t so much fun anymore. I have never gotten over losing my one true love. I have 113 always wished I could make Luz’s world fall apart the way s/he made mine fall apart. I am 114 glad this lawsuit is happening. I feel terrible about Illan’s sheep of course, but Illan and I 115 will be fine in the end. I can’t wait to see my father/mother get what’s coming to him/her. 116 When s/he loses this case, s/he will lose bad. 117

Anyway, back to my story. One night in September 2012 it all finally came to a head. 118 Luz called me into his/her study and said that the war had to be ended, and s/he had to 119 make sure it ended in his/her favor, even if it meant “collateral damage.” Luz told me s/he 120 wanted me to “make sure some sheep have something unfortunate happen to them.” S/he 121 was really agitated and kept pacing back and forth behind his/her desk. At some point 122 during his/her rant, I looked down at the desk and noticed a copy of an old veterinary 123


pathology book opened to a section on bluetongue. I took a picture of it with my phone, just 124 in case. S/he never told me exactly what it was s/he wanted me to do, and frankly I never 125 gave him/her the chance to. I decided I couldn’t do it anymore. I screwed up my courage – it 126 was the hardest thing I’d ever done before or since – and I told him/her so. At first I couldn’t 127 tell if s/he was going to cry or yell, s/he looked so hurt and angry and surprised all at the 128 same time. Finally, s/he just turned his/her back to me and said in that familiar voice as 129 cold as the prairie, “I thought I could count on you, but I guess there’s some things a 130 rancher just has to do him/herself. If that’s how it’s going to be then you’ll just have to make 131 your own way. Get out!” 132

That was it. I was cut off. Not just money-wise; Luz has tried to encourage the rest of 133 the family to not speak to me either. But that hasn’t really worked. I still go to the house on 134 holidays; I just avoid being around Luz. We’ve both gotten pretty good at pretending the 135 other doesn’t exist. 136

But this whole thing is just ridiculously unfair. I was just trying to do the right thing! 137 So what if I don’t want to be a cattle-rancher, so what if I don’t want to hurt innocent 138 sheep? I am his/her son/daughter, how could s/he just completely abandon me? Luckily, I 139 had my friends and my trust fund to fall back on, although, like I said, it took a lawsuit to 140 get at it. 141

Apparently, Luz couldn’t find anyone to do his/her dirty work that year, because none of 142 Illan’s sheep got sick. I’m sure Luz turned to Gabby after that. It was the very next year 143 that Illan’s sheep started to mysteriously die. As creepy as Gabby is, I don’t think being a 144 tool comes naturally to him/her. Gabby is a regular at Black & Tan, and has been since it 145 opened. S/he’s one of the heavier drinkers, unfortunately, and I’ve had to cut him/her off 146 more than once. One night – I think it was soon after I opened – Illan was in having dinner. 147 Gabby sat at the bar drinking and glowering at Illan, but Illan just ignored him/her. Gabby 148 started to get a little loud, so my bartender cut him/her off and suggested s/he call it a 149 night. On the way out, Gabby must have decided to give Illan a hard time. I was in the 150 back, and I heard yelling. When I came out, Gabby had his/her fist in Illan’s face, and was 151 saying something about Illan thinking s/he was better than Gabby, and that “Luz Bennett 152 is going to take you down!” I hustled Gabby out at that point. 153


That’s just one more reason I’m convinced the death of Illan’s sheep is no accident. 154 Believe me, where Luz is involved, nothing is an accident. S/He used to go on and on about 155 Illan in particular. How s/he would “get” Illan. Luz does not like competition, and s/he told 156 me once that s/he saw Illan as competition because of their ongoing dispute over grazing 157 rights. It also galled Luz that there was anyone who would stand up to him/her, and that 158 s/he couldn’t intimidate. 159

And you know, around the most recent time that Illan’s sheep died, I did see Luz and 160 Gabby together more than usual. And they were acting very odd, talking in hushed voices 161 and constantly looking around. Whenever anyone would pass by they would stop talking. I 162 would walk by just to mess with them. 163

And then just a few days before Illan’s sheep started getting sick, on October 1, 2015, I 164 saw Luz and Gabby around town again, acting strange. I remember it was October 1, 165 because it’s my brother Jonah’s birthday and I was on my way to have lunch with him. 166

Anyway, they were standing on the sidewalk, talking, when Luz passed something to 167 Gabby that looked like a box, or a bottle, or a box with a picture of a bottle. I wasn’t close 168 enough to see exactly what it was. Gabby pocketed it. Luz also handed Gabby what was 169 clearly a wad of money because Gabby started counting it right there. I started to walk 170 closer and heard Gabby say “consider it done” just as s/he got done counting the money. 171 Then they noticed me walking toward them. Gabby quickly pocketed the cash, and then 172 they both hurried away in different directions. I don’t doubt that Gabby would be in on it, 173 Gabby is a lapdog for Luz. S/he follows Luz’s orders without question, hesitation, or 174 deviation. 175

In fact, Gabby was a walking joke around the ranch. Of course, all of the ranch hands 176 would follow Luz’s orders – they didn’t last long otherwise. But Gabby’s fawning over Luz 177 was so over-the-top that even the other hands didn’t have any respect for him/her. For 178 example, Luz is a neat freak when it comes to the yard around the house and outbuildings. 179 If your horse did its business, you cleaned it up. One morning Luz had all the hands 180 gathered around to go over the work for the day when s/he noticed a pile of horse manure in 181 front of the barn. Luz pointed it out and reminded the hands to clean up after themselves. 182 Well, any normal person would have waited until the meeting was over, gotten a shovel, 183 and cleaned it up. But Gabby’s not normal. S/he immediately ran over, picked up the 184


manure (at least s/he had gloves on!), and carried it around to the manure pile behind the 185 barn. None of us could believe it. I think even Luz was surprised, but s/he also knew an 186 opportunity when s/he saw it. Gabby became the chief toady and snitch from that day on. 187

I know all about Gabby’s truck, too. Of course, pickup trucks in Idaho are a dime a 188 dozen. Gabby drove an old, beat up 1999 F-250 that Luz gave him/her. See, while Luz has 189 pots of money, s/he is cheap. S/he holds a nickel so tight Jefferson’s nose bleeds. Gabby was 190 often in the Black & Tan, and after having a few would complain to everyone who would 191 listen, and some that wouldn’t, about how cheap Luz was – stupid stuff, like “Luz is so 192 cheap s/he washes paper plates” – and how it wasn’t fair that Gabby had to drive an old 193 beater after all s/he’d done for Luz. I knew Gabby had to be drunk, because if what Gabby 194 was saying ever got back to Luz there would hell to pay. 195

I’m sure I saw Gabby’s truck on the opening day of the sheep festival in 2015. I didn’t 196 think too much about it at the time – after all, what’s another pickup truck at a sheep 197 festival? But it was strange. What would Gabby be doing at the sheep festival? Luz had no 198 friends there, that’s for sure, and Gabby had been pretty much disowned by sheep herders. 199

Later that day, I found out! I was over by the water troughs where Illan’s sheep were 200 penned, just to see if anyone I knew was there, especially Illan, when I saw Gabby. Now I 201 knew why I had seen Gabby’s truck. I knew that if Gabby was near the water, or at the 202 festival it all, it had to be for some nefarious reason. I hid behind a post where I could keep 203 an eye on Gabby and still stay out of sight. As I watched, I saw Gabby look all around, as if 204 to make sure no one was watching, and Gabby was kind of lurking off to the side near a 205 barn wall. Several times, at least three or four, I saw Gabby put his/her hand in his/her 206 pocket and move toward the water trough, but then move back by the wall. I watched for 207 10-15 minutes, and then saw Gabby move back toward the water trough and pour 208 something in it! I couldn’t see exactly what it was, but I definitely saw liquid pour from 209 whatever Gabby had in his/her hand into the water. At that point I came out from behind 210 the post and yelled, “Gabby! What do you think you’re doing?” Gabby jumped six feet in the 211 air, turned, and ran. I tried to warn Illan, but I couldn’t find him/her and no one knew 212 where s/he was. 213

I saw Gabby about 30 minutes later in the parking lot, talking to Luz. I confronted them 214 and asked Gabby point blank what s/he put in the water. Gabby looked scared and said, 215


“Nothing! I don’t know what you’re talking about!” Luz got in my face and said in that cold 216 voice, “Mind your own business, Shannon. You turned on me, and you turned on our way of 217 life. You had your chance. I’ll do what I have to do, and no snot-nosed brat is going to stand 218 in my way.” Then they walked off. In spite of myself, I was hurt and angry all over again. 219

Well, right before Thanksgiving in 2015, after Illan lost all those sheep, Gabby comes to 220 town in a brand spanking new F-250. S/he was so proud of it I thought s/he’d pop. After 221 knocking back a couple in the Black & Tan Gabby started talking about the truck. S/he 222 looked right at me and said, “Luz does right by those who do right by him/her.” I was so 223 infuriated by that I could hardly see straight. Luz gives Gabby a brand new truck for being 224 his/her lackey, but won’t give his/her own flesh and blood his/her own money, even when 225 they need it? If I wasn’t convinced I had to bring Luz’s world crashing down before, I was 226 then. And Gabby with him/her. Then Gabby started talking about how the sheep business 227 had been very good to him/her. I said, “Don’t you mean cattle, Gabby?” “Oh, no,” said 228 Gabby, “I mean sheep.” And s/he laughed! I knew then that Gabby had killed Illan’s sheep, 229 and that Luz had been behind it. 230

At that point I decided to do a little private sleuthing. I drove out to the ranch to have a 231 look around. I went at a time of day I knew Luz would be out with the cattle. I didn’t want a 232 confrontation with him/her, and I wanted to look around undisturbed. I knew a ranch hand 233 would probably see me and blab to Luz that I’d been there, but I also knew the hands 234 wouldn’t challenge me. I may have fallen out of favor with the family, but the name of a 235 disgraced Bennett still carries a lot of weight with the kind of people Luz hires. 236

Still, I wanted to keep a low profile. No one was around when I drove in. I parked my 237 truck with the hands’ trucks, so it wouldn’t stand out. I went straight to the shop, where 238 Luz spent most of his/her time. I knew if there was anything to see, it would be in there. 239 And I was right! I didn’t have to look around long before I found the same veterinary 240 pathology book I saw on Luz’s desk before, and sitting on top of it the same bottle I saw Luz 241 hand Gabby that day in town. The bottle contained bluetongue vaccine, and was dated 242 10/1/15. I knew then I had the drop on Luz and Gabby both. I didn’t want to move anything 243 around so I wouldn’t give away someone had been there, so I took a picture and gave it to 244 Sam Dacy. I had all I needed, so I left as quickly as I could. As far as I know, no one ever 245 saw me. Pretty good for an amateur! 246


I am so glad Luz has finally been caught. I feel a little sad that Gabby has to take the 247 fall, too. After all, Gabby is just as much one of Luz’s victims as anyone else, but that’s what 248 Gabby gets for being such a spineless toady. Luz is capable of terrible things. I mean, who 249 shuts out his/her own son/daughter just because s/he chose a different lifestyle than 250 mommy and daddy had in mind? S/he turned his/her back on me just because I didn’t want 251 to do awful things anymore. And s/he cost me the only boy/girl I have ever loved. S/he 252 destroyed my life, now it is his/her turn! S/he is a terrible person and I hope s/he gets what 253 is coming to him/her for all the bad things s/he has done. 254

WITNESS ADDENDUM 255

I have reviewed this statement and I have nothing of significance to add at this time. 256 The material facts are true and correct. 257

Signed:

Shannon Bennett


Sam DacyMy name is Sam Dacy. I work for the Idaho Department of Fish and Game as the 1

Regional Conservation Officer. I specialize in investigations and forensic analysis related to 2 agricultural issues. It’s kind of a unique specialty but I developed my expertise from 28 3 years in conservation enforcement. The Magic Valley Region. 4

I have a Masters’ Degree in Wildlife Biology and a Bachelor’s Degree in entomology 5 from Idaho State University. The focus of my studies centered on forensic and medical 6 entomology, insect pest management, toxicology and biological control, and insect 7 physiology. My Masters’ Degree work focused on the agricultural management of viral 8 infections. 9

The beautiful state of Idaho and the preservation and use of its natural resources is the 10 great, abiding passion in my life. I take enormous pride in the mission of the Idaho 11 Department of Fish and Game: preserving, protecting, perpetuating, and managing 12 wildlife. 13

During my career as a field conservation officer I’ve become the best in the state, in the 14 best and most challenging region of the state. I’ve investigated and assisted in the 15 prosecution of some of the most legendary agricultural crimes in Idaho history. The Great 16 Camas County Cattle Rustlers. The 1994 Snake River International Sturgeon Poaching 17 Investigation and Prosecution. The 2002 Owyhee Sleepy Horse Insurance Fraud Ring. 18

I’m kind of like the Matlock of the West. I investigated and helped secure convictions 19 with my expert testimony in some the most heinous crimes against nature this state has 20 ever known. These weren’t just crimes against animals or property – they were crimes 21 against the people of this state. 22

In each of these cases my testimony was the key to obtaining convictions. Prosecutors 23 and I work in tandem to prove the cases with science – and overcoming the junk science 24 offered by industry lackey Dr. Sandy Murphy. S/he is the only large animal veterinarian in 25 the immediate area and s/he’ll give the industry whatever opinion they need him/her to 26 provide. 27

The Owyhee Sleepy Horse Insurance Fraud Ring was a perfect example. Between 1999 28 and 2001 a group of ranchers around Homedale in Owyhee County reported a string of 29 horses that suffered from paralysis and needed to be euthanized. I investigated these 30


deaths and learned that in each case, the horses slept for an unusually long time in the 31 days before the paralysis set in. Nobody else noticed it but I immediately suspected a virus. 32

Eventually I narrowed down the virus to equine encephalomyelitis. Signs include 33 depression, extended sleepiness, and a high fever, followed by a period when the horse 34 appears blind, nervous and uncoordinated, with muscle tremors, and eventually, complete 35 paralysis. The virus is typically transmitted through mosquito bites but it’s only existed in 36 South America, mostly in Venezuela. My investigation, though, revealed that the water 37 troughs at each ranch had been infected with the virus. It was intentional. Ranchers had 38 hired a team of folks headed by Frankie Mittens to infect the horses so the ranchers could 39 claim insurance payments for their losses. 40

Dr. Murphy was retained by Mittens as an expert witnesses and his/her testimony 41 theorized that the horses had heavy metal poisoning from the overuse of vaccinations. 42 According to Dr. Murphy, many equine vaccines contain small quantities of mercury, 43 arsenic and aluminum that continue to accumulate over a horse’s lifetime. Once these 44 heavy metals accrue to relatively low levels, serious illness can occur, including neurologic 45 disorder, kidney failure, and paralysis. Completely ridiculous. The jury convicted in half an 46 hour. 47

I made some enemies along the way, of course. This state lives and dies on the success 48 and protection of agriculture. It’s big money and it’s big power. And some folks don’t want 49 people like me getting in the way. 50

After the rascals involved with the Owyhee horse murder ring were busted and sent to 51 prison, I got caught up in some politics. Some rogue elements of the Magic Valley cattle 52 industry obviously got scared from what I learned during the Sleepy Horse murder 53 investigation. I had communicated my findings to the suits in Boise. The primary force 54 behind the Magic Valley cattle industry is Luz Bennett – and s/he gets what s/he wants and 55 s/he is very tied into Boise politics. 56

I could never prove it but Luz Bennett’s stink wafted from certain evidence uncovered in 57 the Owyhee investigation. Luz had no business in the Owyhees but two unindicted 58 coconspirators provided key tips to busting the ring, and both had strong ties to Bennett. As 59 I followed up on those ties I was suddenly “promoted” to be the Regional Conservation 60 Officer of the Magic Valley Region. 61


Rather than working the mountains, deserts, and rivers of the Magic Valley, I was 62 assigned to developing and managing enforcement programs and strategies. I mostly act as 63 representative to state and federal agencies, local law enforcement agencies, the media, and 64 sportsmen groups for enforcement management decisions for the region. My job is now 65 mostly administration. I still do an investigation from time to time, but it’s mostly office 66 work. 67

It was clear to me that those rogue elements of the Magic Valley cattle industry had 68 gotten to Boise and forced them to keep me out of their business. Once I “moved up” to my 69 new position, I got all sorts of backhanded and sarcastic compliments from Magic Valley 70 ranchers. Luz Bennett told me, “it’s about time the suits in Boise got a true rough rider like 71 yourself to teach ‘em how we do things in the Magic Valley. Not those sleepy Owyhee 72 types.” 73

On October 13, 2015, I was assigned this Zabala investigation. I only got the case 74 because of a conflict of interest that another investigator had. Magic Valley sheepherder 75 Illan Zabala contacted me about conducting an investigation into the deaths of 436 sheep 76 from his/her flock of approximately 1,500 sheep. According to Zabala the sheep had been 77 very healthy and then many of them suddenly became ill and died. Zabala explained that 78 this was the third straight year this had happened and s/he wanted me to get to the bottom 79 of it. 80

Upon meeting with Zabala that same day, October 13, 2015, I learned during the week 81 of October 4 to 11, 2015, Zabala and his/her flock were returning home for the winter to 82 Picabo, Idaho in Blaine, County. Zabala explained to me that after a summer of grazing 83 over the Galena Summit in the Sawtooth Mountain, s/he and the flock retraced their path 84 from early May. They planned to stop in Hailey, as they had for the past eight seasons, at 85 the Trailing of the Sheep Festival. This is a very popular fall festival which celebrates 86 sheepherding traditions and Basque heritage. Zabala told me that a veterinarian diagnosed 87 the sheep as having died from bluetongue, a viral disease which is mostly seen in southern 88 and southwestern states. According to Zabala, s/he lost 107 sheep from October 6 to 13, 89 2013, another 213 sheep from October 5 to 12, 2014, and 436 from October 4 to 11, 2015 – 90 all while attending the Trailing of the Sheep Festival in Hailey. Each of these herd deaths 91 were diagnosed with bluetongue – a disease which had never previously been seen in Idaho. 92


I’m quite familiar with bluetongue transmission because I’ve taken a number of specific 93 training courses in entomologic viral transmission. Most recently, I attended the regional 94 Bluetongue Conference Training in Phoenix, in April 2014. Bluetongue symptoms include 95 ulcers in the mouth, discharge of mucus and drooling from mouth and nose, and swelling of 96 the mouth, head and neck. 97

Zabala told me that s/he believes the sheep were deliberately infected by Luz Bennett. 98 According to Zabala, Bennett had confronted Zabala about Zabala’s grazing his/her sheep in 99 areas where Bennett wanted his/her cattle to graze. Zabala explained that s/he had heard 100 or heard others talk about Bennett and others making statements which s/he believed 101 confirmed that Bennett had intentionally infected the sheep with bluetongue. Those 102 statements are as follows: 103

• In January or February of 2013, Illan got a text message from Gabby Echevaria 104 saying that Luz Bennett had asked Gabby to come and talk with Zabala about what 105 Gabby called “the grazing issue.” Gabby said that folks at the Flying B didn’t like 106 that Zabala was letting his/her sheep graze where Bennett wanted to bring his/her 107 cattle. Gabby warned Zabala to get the sheep out of the area so that nothing bad 108 would happen to Zabala or his/her sheep. 109

• At the Festival, in October, 2013, Bennett told Zabala, “I hear tell that you lost some 110 of your flock. It was probably something they ate or drank. They should probably go 111 someplace where they don’t run the risk of getting hurt. Don’t say I didn’t warn you 112 about this.” A couple of nights later, Zabala ran into Gabby Echevaria, a Bennett 113 confidante, and Echevaria told Zabala, “I can’t wait to see you get what’s coming to 114 you. After all you’ve done, you don’t deserve to have any sheep at all. For you, it’s 115 going to be a long, cold, blue winter.” 116

• At the 2014 Festival, in October, a couple of days before his/her sheep got sick, there 117 was a note stuck on his/her sheep pen that said, “Baa, baa, Basque sheep, now you 118 have no wool.” Zabala suspects the note was written by Bennett. Later that week, 119 Zabala saw Dr. Murphy and Luz Bennett sitting together in a restaurant and 120 overheard Luz say to Dr. Murphy, “Just keep doing what you’re doing. You work for 121 me. Tell that Basquo that if s/he doesn’t get his/her sheep out of this area, this will 122 keep happening. Eventually s/he’ll get the point or s/he’ll lose everything.” 123


First thing I did was to inspect Zabala’s surviving sheep and I confirmed that they were 124 all in excellent health and very well cared for. You can always tell if a flock is well cared for 125 by looking at the sheds where they sleep. A real pro cares about airflow. If the sheds have 126 circulation fans you know the sheepherder cares about the details. Proper airflow 127 minimized infections. Zabala’s sheep sheds have fans – and they all work. 128

The next day, after meeting with Zabala, October 14, 2015, I went up to the area where 129 the sheep stay during the Trailing of the Sheep Festival. I obtained and tested some grass 130 samples in the area. Test results confirmed no trace of bluetongue in the samples. 131

Research indicates that bluetongue is transmitted between animals by gnats which are 132 infected with the virus. The incubation period is two or three days. While at the location, I 133 noticed many buffalo gnats flitting about. These are very common in the area and well 134 known for infecting sheep in particular. I secured several gnat specimens. Testing results 135 from those specimens were all negative for bluetongue. 136

Based upon my knowledge of common principles of viral entomology, I strongly believe 137 the bluetongue virus was introduced to the herd through their water supply. I know most of 138 the science demonstrates that insect-borne viruses cannot be transmitted through a water 139 supply. But not of all the science is consistent on this conclusion. The fact is I’ve 140 investigated cases where a virus has in fact been transmitted to an animal population 141 through a water supply. It is an undeniable fact that an insect-borne virus can crossover to 142 waterborne transmission through fecal contamination of a water supply. I’ve not seen any 143 science specific to bluetongue and sheep but this is hardly a unique phenomenon. Science 144 can give you a lot of the answers but the truth is that we know very little about viral 145 transmission. 146

Zabala’s sheep could not have been infected by accident. The only evidence I’d seen of 147 bluetongue in Idaho was in Sandy Murphy’s lab. S/he’s got bluetongue vaccinations. I 148 thought that was strange because there’s never been bluetongue in Idaho and Murphy’s an 149 anti-vaccination crusader. S/he was always saying vaccinations were terrible for sheep and 150 I’ve been a big advocate. Just made no sense to me that the only vaccination s/he carried 151 was for bluetongue. 152

Thinking back to my bluetongue training in Phoenix I remembered a speaker, Francois 153 Glover, refer to a foreign language journal he wrote confirming the transmission of 154


bluetongue through standing water. The conference focused on a study conducted in 155 Switzerland where specifically trained livestock owners were included in a national disease 156 surveillance program by the Federal Veterinary Office. A questionnaire on data about 157 clinical and epidemiological aspects of bluetongue disease as well as on herd management 158 was completed by 26 sheep owners three months after they had attended a training course 159 about bluetongue. I found my binder from the conference and there was a citation to the 160 L’Ecole Centrale de Lyon maladie bleue study. It was called Maladie Bleue Se Méfier. I 161 found it online and ran it through Google translate. It appears to confirm bluetongue 162 transmission through fecal contamination of standing water. 163

Close inspection of the water troughs at the festival site, however, was useless. The 164 particular troughs used by Zabala’s sheep had been thoroughly scrubbed and disinfected 165 immediately after the most current deaths were diagnosed. Interestingly, those particular 166 troughs had a higher NaClO concentration than the other troughs. NaClO is known to kill 167 viruses. This is very suspicious. The first rule of investigating is to preserve evidence. Since 168 Dr. Murphy admitted to me that s/he’d scrubbed the troughs – at the direction of Luz 169 Bennett – we can’t prove either way whether the infection was through waterborne 170 transmission. 171

Further investigation of the surrounding area revealed that no other animals had been 172 reported as having been infected with bluetongue. 173

While at the festival site I also made a general search of the area. Upon inspecting the 174 northeastern most boundary I found the remnants of a campfire. Upon closer inspection I 175 recovered two previously worn Anvil Brand steel horseshoes both with the distinctive 176 Flying B logo on them. I know the Flying B logo is from Luz Bennett’s ranch in Picabo. My 177 search of the area also revealed a small pile of crushed glass stuck to three small stickers. 178 These appear to be small vials with labels on them which had been crushed at some point. 179 Writing on the damaged label appears to have the word “bluetongue” printed on it. 180

Next, on October 15, 2015, I attempted to secure an interview with Luz Bennett. I made 181 contact with his/her ranch offices by telephone several times but s/he failed to return my 182 calls. Later that day, I waited outside Bennett’s ranch offices to approach him/her 183 personally. When Bennett left the office at approximately 3:45 p.m., I called to him/her and 184 asked if s/he would speak to me about a matter I was investigating. At first s/he said that 185


s/he knew what I was investigating and said that Zabala “never learns” and needed to 186 “move his/her sheep to a healthier place.” When I asked Luz if s/he wanted to explain 187 further, s/he just smirked, declined my request to speak further, and said, “See you ‘round 188 Sleepy.” 189

The next week, on October 20, 2015, I obtained a warrant to search Luz Bennett’s 190 property for evidence related to my investigation and returned to the Bennett ranch. 191

After serving the warrant at the Bennett ranch business office, I was led to Luz’s office. 192 I looked around and saw nothing of interest. I then examined Bennett’s desk, again finding 193 nothing of interest. Next, I sat at Bennett’s desk and fired up the internet browser to look 194 through his/her internet history. Very interesting find. On September 7, 2015, Luz was 195 searching with the terms “bluetongue”, “transmission”, and “water”. I took a screenshot to 196 document this find. 197

Next, I entered into one of the outbuildings that serves as a storage shed. This is where 198 the ranch supplies were located. I searched through shelves full of various veterinary 199 products. I discovered a veterinary pathology book on a self in the building. 200

Since Luz Bennett had refused to speak with me, I decided to attempt to interview 201 his/her son/daughter, Shannon Bennett, the owner of Black & Tan, a restaurant in Hailey. 202 It is well known in the area that Shannon is estranged from his/her father/mother, Luz. I 203 suspected that Shannon would speak with me because of his/her strained relationship with 204 his/her father/mother and I suspected s/he might have information relevant to my 205 investigation because as a “barkeep” s/he is well positioned to hear gossip from lips 206 loosened by adult beverages. 207

On October 19, 2015, I met with Shannon Bennett. Shannon cooperated with my 208 investigation and revealed the following information: 209

• Shannon generally believes that intentionally infecting Zabala’s sheep with a deadly 210 virus is consistent with Luz Bennett’s character. S/he bases his/her opinion on the 211 way s/he was treated while being raised by Luz and by observing the way Luz treats 212 others and the way s/he does business. Shannon specifically recalled overhearing 213 Luz discussing an incident actually involving trespassing on grazing land. Shannon 214 explained that s/he heard his/her father/mother yell, “I don’t care, you work for me 215 and you will do this… make it look like an accident!” 216


• Shannon also explained that Luz has particular animus toward Illan Zabala. 217 According to Shannon, Luz told him/her that s/he saw Illan as competition because 218 of their ongoing dispute over grazing rights. Around the time Bennett’s sheep died 219 from bluetongue s/he saw his/her father/mother and Gabby Echevaria together quite 220 a bit and they were acting very odd – talking in hushed voices and looking around 221 furtively. When someone would pass by they would stop talking. Just a few days 222 before Zabala’s sheep started getting sick, Shannon saw his/her father and Gabby 223 around town again, acting strangely. Shannon then saw Luz passed something to 224 Gabby and Gabby pocketed part of it. As Shannon approached them, s/he heard 225 Gabby say, “Consider it done,” just as s/he got done counting some money. 226

On October 22, 2015, I received a telephone call from Illan Zabala. S/he gave me the 227 partial numbers of license plate (5B 6) for a grey Ford F-250 truck s/he observed near the 228 pen assigned to Zabala at the Trailing of the Sheep Festival. S/he believes this truck 229 belongs to Luz Bennett or his/her ranch. 5B is the code for Blaine County. The Idaho 230 Transportation Department database revealed that there are six Ford trucks registered 231 with a 6 as the third character of the license plate. Four of those trucks are F-250s. One of 232 those four are registered in the name of the Flying B Cattle Ranch. 233

Based upon my investigation I am convinced that Luz Bennett is responsible for 234 spreading the bluetongue virus to Zabala’s sheep. The physical evidence at the festival 235 location strongly links Bennet to the scene: (1) the presence of the Flying B horseshoes; (2) 236 the presence of crushed glass vials with a label that appears to have the word “bluetongue” 237 printed on it; and (3) the suspiciously scrubbed water troughs with increased NaClO levels. 238 There was also strong circumstantial evidence at Bennett’s ranch, including the internet 239 browser history indicating that someone had used Bennett’s office computer to search for 240 information on bluetongue transmission and water. 241

All of the facts are corroborated by the science – that bluetongue disease can be 242 transmitted through a water supply. And finally, the statements by Bennett and Echevaria 243 as reported to me by Zabala, and the note left on Zabala’s sheep pen in October, 2014, all 244 lead me to conclude that Bennett, or someone acting on his/her behalf intentionally 245 introduced the bluetongue virus into Zabala’s water supply, which in turn infected the flock 246 with the virus, killing hundreds of Zabala’s sheep. 247


This type of conduct is par for the course for Bennett and it’s long past time that s/he be 248 held accountable. 249



Signed:

Sam Dacy, LLC


Illan Zabala My name is Illan Zabala. I am 42 years old. I was born in Spain, but now I am an 1

American citizen. I am here today because I want justice for me and for my business. For 2 the last three years, Luz Bennett and other people associated with the Flying B Ranch, 3 namely Gabby Echevaria, have been involved in a plot to destroy my livelihood by killing 4 my sheep. Recently, I learned that Luz and Gabby were poisoning my flock with something 5 called bluetongue. And when you learn the horror of what bluetongue did to my sheep, you 6 will be appalled. 7

You might ask yourself what kind of person would try to ruin another person’s business 8 by causing such harm to innocent animals. I would say it’s someone who has let their 9 resentment turn into its own kind of poison; Luz Bennett and his/her sidekick Gabby 10 Echevaria. And that’s why I am asking the courts to do what is right and hold Luz Bennett 11 and the Flying B Ranch accountable for trying to destroy my dream. 12

I came to the United States in 2003 to make my American dream come true. But before 13 I came to Idaho, I had lived the rest of my life in Guernica, Spain, in the heart of the 14 Basque Country where I come from a long line of sheepherders. 15

The Zabalas are a very well-known and respected family going way back. We have 16 always stood up to tyrants like Luz Bennett. We stood up to Franco and his fascists during 17 the Spanish Civil War. Just like the Basque people have done for so long, I am doing now; 18 standing up for my rights. 19

I know Gabby has been telling people I was a terrorist with ETA, but that is just plain 20 insulting and false. Some people might call ETA a terrorist group, but I would say we were 21 more like freedom fighters. Besides, it’s been years since we have had to take a stand. 22

The last incident was in 2002 when two small explosive devices exploded in the home of 23 a judge in San Sebastián. I was brought in by the police and questioned. A lot of people 24 were, including Gabby’s cousin. But they had no proof that I or anyone from ETA did 25 anything wrong and I was never formally charged. If I had been, I never would have gotten 26 a green card to come to the United States. And it’s certainly not the reason I left Guernica. I 27 had plans to leave, even before that last bombing. I love my homeland, but it was time for 28 me to spread my wings and see the world. 29


One of my close friends is a cousin to Gabby Echevaria. I know that Aranza was grateful 30 that I didn’t implicate her in any terrorist activities, even though there were pretty strong 31 rumors she was involved, so she got Gabby to sponsor me to come to the United States. 32 Gabby hired me to help run his/her business. Herding sheep is what some of us Basques 33 have done both in Spain and here in the Idaho going back over 100 years. So, in a way, I 34 moved to Idaho, right back to Basque country. 35

You might wonder what a sheepherder does. Well, I will tell you. My job has been to 36 attend to flocks of sheep, grazing on the range or in a pasture – generally about 1,000 to 37 1,500 sheep at a time. I move sheep to areas assigned for grazing, prevent animals from 38 wandering and becoming lost, and use my dogs to round up strays. I bed down sheep near 39 campsites or in pens each night to help guard flocks against predatory animals and prevent 40 them from eating poisonous plants or drinking water that can make them sick. 41

When I first moved here I worked as a sheepherder for Gabby Echevaria, doing pretty 42 much what I do now. I was grateful to know that I would have work when I got to the 43 United States. I enjoyed being able to learn more about my trade. You might say that 44 Gabby was my mentor. S/he really taught me a lot about the business of tending sheep – 45 both what to do and what not to do. Gabby was a good person to me at first. Too bad that’s 46 changed. 47

When I wasn’t tending to the flock, I was taking classes to learn to speak English and 48 others about how to run a business at The College of Southern Idaho. That’s how I met 49 Shannon Bennett. S/he was a volunteer English tutor at the college and offered to help me 50 become a better English speaker. It was an interesting coincidence that it was a Bennett, of 51 all people, who ended up helping me. Of course, during our time together, it often seemed 52 like Shannon did more of the talking than I did. S/he is a very curious person and was 53 always asking a lot of questions about sheep. That is, when s/he wasn’t telling me how 54 much s/he hated his/her mother/father, Luz. Shannon was really my first American friend 55 and we’ve been friends ever since that class. 56

Once I learned how to speak the language of my new country, I studied to take the 57 Citizenship Test, which I passed the first time. I knew how to speak English. I learned the 58 best way to run a business. I had practical experience and I was a citizen. I was ready to go 59


out and become an American business owner. Why should I do all this hard work for 60 someone else when I can do it for myself? It’s what a good American does. 61

So, in 2010, I decided to go out on my own., I started with a small flock and over several 62 years I grew to have over 1,500 sheep. I named my company Artzain Amerikano, which 63 roughly translates in English to American Shepherd. It stands for both of my heritages – as 64 a Basque and as an American. 65

You could say that my decision put an end to my friendship with Gabby. In Gabby’s 66 eyes, I took his/her business away. Gabby has even claimed that I was saying bad things 67 about how s/he ran the business, which just isn’t true. 68

In fact, a couple years ago, I was having dinner at Black & Tan and Gabby was in there 69 drinking. Gabby came over and poked his/her finger in my face and yelled loud enough so 70 everyone in the restaurant could hear, “You may think you are a better at this business 71 than me, but you have no idea what’s in store for you. In the end, this is Luz Bennett’s 72 world and you’re just living in it – for now. Luz Bennett always comes out on top and I’m 73 just glad I’m going to be with the winning side, when Luz takes you down.” Shannon was 74 there that night. S/he can confirm that what I am saying is true. 75

I just don’t understand the resentment. There’s plenty of room for many of us to be 76 successful in this business. If you’ve ever been to the Trailing of the Sheep in Hailey, you 77 would see for yourself. It’s not like I’m the only successful shepherd in Idaho. In fact, I took 78 a big risk going out on my own. 79

It probably goes without saying, but sheep are a big investment. Of course, you have to 80 pay for some of the lambs (the ones you don’t breed yourself), but you also have to pay to 81 graze the sheep on public land, for access to water, and for the medicine and nutritional 82 supplements that keep them healthy. And after investing your time and your money in 83 your sheep, then you can sell them. You can sell the wool and you can sell the animal for 84 food. On average, you can sell a healthy grown ewe for anywhere from $400 to $500. 85

Last year alone, I spent over $18,000 on sheep, which is not uncommon. But, you see, 86 when I lost my sheep, I not only lost what I’d invested in them. I also lost the possibility for 87 making a profit on that investment. After all I’ve lost, I can’t even afford to insure my flock 88 anymore. No self-respecting insurance agency is going to cover a business that’s suffered 89 the kinds of losses mine has. This is what Luz Bennett has done to me. 90


Because my animals are such a big investment, I long ago learned what I needed to 91 avoid and have worked hard to keep my sheep away from all kinds of danger. While I bred 92 most of my sheep myself, I did buy some sheep from other places. You have to bring in new 93 sheep to keep the stock strong. But what sheep I did buy, I got from reputable sources; the 94 same sources others in this area use. The sheep come from all over the country; from the 95 best breeders. While Gabby and I disagreed about this and had many arguments about this 96 issue, I didn’t see any need to quarantine new animals before introducing them to the 97 larger flock. It would have added cost to my business and the risk of disease is so minimal, 98 it’s not worth losing money over. 99

I am the kind of person who will do what it takes to get ahead and I don’t feel the need 100 to apologize for it. Interestingly, neither does Luz Bennett. But the difference between us is 101 that I don’t expect anyone else to apologize for being a hardworking business person and 102 Luz wants everyone to just do what s/he tells them to, no questions asked. That made us 103 like oil and water from the time we met. 104

I know the Bennett family has lived for many years in our little town of Picabo, Idaho. 105 Luz acts like s/he’s crowned royalty. Unless I missed that part in my citizenship test, I don’t 106 think we have monarchs here in the United States. Luz realized from early on that I was 107 not one to kiss the hem of his/her garments. And that seemed to make Luz just want to go 108 after me. 109

Of course, I’m pretty sure in Luz’s eyes, Basque people are meant to work for you (at 110 crummy wages), not be your competition. When Luz saw that I was the competition – that I 111 had created something successful on my own –s/he just couldn’t let that stand. I didn’t need 112 or want anything from Luz except fair play and to be left alone to run my business. But if 113 Luz can’t get what s/he wants the honest way, Luz has no problem getting it the shady way. 114

Heck, if you want to know what Luz is really like, just ask his/her own son/daughter 115 Shannon. S/he can tell you if you want to know how low Luz will sink to get what s/he 116 wants. I know Shannon gets frustrated by the way Luz treats everyone in this town. Once 117 s/he made a joke about doing something to get rid of Luz’ cattle, but I told him/her not to 118 make jokes like that or people might suspect s/he was up to something. In the end, when I 119 get justice, so will my dear friend Shannon; the two of really are in this together. Now 120


everyone will know what Shannon and I have known all along: Luz will do anything to get 121 his/her way and be in control. 122

Anyway, my business was starting to get a strong reputation as offering a good product. 123 I had learned over my earliest years the best way to take care of my flock. I grazed them in 124 the best places. I always ensured they were well tended. And it showed. People were 125 starting to seek out my product. Some of the best wool companies in the world wanted the 126 wool from my sheep. Some of the best regional restaurants, including Black & Tan, offered 127 lamb and mutton raised by me on their menus. I was really going places and had visions of 128 having one of the largest sheep businesses in the area. 129

I thought nothing could bring me down, but then sometime in either January or 130 February of 2013, I got a text message from Gabby Echevaria saying Luz Bennett asked 131 Gabby to come and talk with me about what Gabby called “the grazing issue.” Gabby said 132 that the people at the Flying B didn’t like that I was letting my sheep graze in a place 133 where Luz wanted to bring his/her cattle. Gabby said that, in no uncertain terms, I needed 134 to get the sheep out of the area so that “nothing bad would happen to them or to me.” 135

Most people let themselves be bullied by Bennett but that’s not me. I needed permission 136 from the Bureau of Land Management to use that land and I got their permission. I know 137 people like Luz think they have more power than the BLM, but they don’t. 138

But since then, everything’s changed. Today, my flock is at half of what it was three 139 years ago at no fault of my own. I lost money – a lot of money – but this has also hurt my 140 reputation. With three straight years of losses, people are starting to say, “That Zabala 141 doesn’t have a very good product.” But still, I am a self-sufficient person and I would never 142 look to someone else to settle my scores for me. I simply have no choice. 143

In October, 2013 as I was returning home from a summer of grazing my sheep in the 144 Sawtooth Mountains, a little over 150 of my sheep suddenly became ill right after I arrived 145 in Hailey for the weeklong Trailing of the Sheep festival. I took them to see Dr. Murphy, the 146 large animal vet in our area, and s/he diagnosed my sheep with something called 147 bluetongue, which s/he said is caused by some kind of insect. I remember Dr. Murphy 148 telling me that s/he thought it was strange that my sheep were getting a disease that is not 149 common in Idaho. 150


I left the sick animals under Dr. Murphy’s care but when I came back two days later 151 they were all dead and Dr. Murphy changed his/her story and said that this kind of illness 152 happens at least once a year. I can tell you that no sheep other than mine got bluetongue 153 that year. 154

I can also tell you that when I ran into Luz Bennett at the Festival s/he said, “I hear tell 155 that you lost some of your flock. It was probably something they ate or drank. They should 156 probably go someplace where they don’t run the risk of getting hurt. Don’t say I didn’t warn 157 you about this.” I thought it was strange that Luz would go out of his/her way to tell me 158 that. It’s not like we spent much time in the same circles. 159

A couple of nights later I ran into Gabby, who I think had been drinking a little too 160 much Sangria. S/he said: “I can’t wait to see you get what’s coming to you. After all you’ve 161 done, you don’t deserve to have any sheep at all. For you, it’s going to be a long, cold, blue 162 winter.” And then Gabby just staggered off, laughing like a crazy person. In vino veritas, 163 they say. 164

In 2014 it happened again. Right after getting to Hailey, after a summer of being 165 healthy, over 200 of my lambs suddenly got sick. And a couple of days before they got sick, 166 there was a note stuck on my sheep pen that said, “Baa, baa, Basque sheep, now you’ll have 167 no wool.” I saved that note because it was so weird. 168

After what had happened the previous fall, I didn’t really trust Dr. Murphy, but I had 169 no other choice but to take the sheep to see him/her. S/he’s really the only game in town. As 170 with the previous year, Dr. Murphy diagnosed my sheep with bluetongue. Also like the 171 previous year, all my sheep that had become ill died. I didn’t know what to do. I didn’t know 172 there was anything I could do. 173

Later that week, I saw Dr. Murphy and Luz Bennett sitting together in Shannon’s 174 restaurant, having a beer at the bar. They looked pretty chummy. Without them seeing me, 175 I got close enough to hear what they were saying. Luz said to Dr. Murphy, “Just keep doing 176 what you’re doing. You work for me. Tell that Basquo that if s/he doesn’t get his/her sheep 177 out of this area, this will keep happening. Eventually s/he’ll get the point or s/he’ll lose 178 everything.” Right then, Luz looked up and realized I had overheard him/her. S/he glared at 179 me and said, “If you stopped minding other people’s business and started minding your 180


own, you’d be in a lot less trouble right now. You should really focus on your sheep and 181 moving them elsewhere. You never know what they’ll catch where they are now.” 182

But, in the end, I did lose more – a lot more. Just a couple of months ago, another 500 of 183 my sheep died, once again from bluetongue. And once again, my sheep were the only ones to 184 come down with the illness. This time I decided not to trust Dr. Murphy. What’s that 185 American saying? Fool me once, shame on you; fool me twice shame on me. I contacted Sam 186 Dacy to open an investigation. 187

Looking back, I realize there were signs of what was going on long ago. While most of 188 the time, our sheep drink from the rivers and streams on the trails, once they arrive at the 189 Trailing of the Sheep, each sheepherder is assigned to a separate pen, with its own fencing 190 and water troughs. It’s how they keep the sheep from intermingling. Well, it turns out that 191 the trough that was assigned to me is the only one Sam tested that had been cleaned and 192 disinfected. 193

And, not so coincidentally, for two years running, I saw an old grey truck near my pen 194 with the Flying B Cattle Ranch logo on the side door. It’s the same truck I have seen Gabby 195 driving around town. I know because of the dent in the rear fender. 196

I remember thinking after the first year that it was odd to see that truck there because 197 the Bennetts don’t graze any of their cattle anywhere near Hailey and no one from the 198 Flying B would really have any business being there; after all it is the Trailing of the Sheep 199 Festival; not the Trailing of the Cattle Festival. After seeing it again the second year, I took 200 down what I could get of the license plate number and gave that information to Sam Dacy 201 to use as proof in his/her investigation. 202

But here’s where it gets beyond suspicious. Less than a month after I lost my sheep this 203 third year, who did I see, but Gabby Echevaria driving around in a brand new truck. It’s 204 hard to miss. Most of the locals call trucks like that the All Hat No Cattle Model. No self-205 respecting rancher or sheepherder would be caught dead in a cherry red truck. I asked 206 Gabby if the new truck was his/hers and she said, “I got this truck as a bonus from Luz 207 Bennett because, unlike you, I am a loyal employee who sticks by my boss. In a way, I have 208 you to thank for this truck.” 209

This situation is nothing short of good old-fashioned revenge. And I would know revenge 210 when I see it. It’s not about business practices or loyalty. It’s about sabotage. I know what 211


has been happening to my sheep over the last few seasons is not just some bad luck I am 212 facing. Someone hurt my flock. And I’m certain that someone is Luz Bennett or one of 213 Bennett’s lackeys, like Gabby Echevaria. 214

So, that’s why I’m here. I’m using the system of justice that the United States has to 215 address your problems. I am only asking for what is fair; no more, no less. Someone needs 216 to put Luz in his/her place and help Gabby understand that we are built on fairness and 217 hard work in this country, not privilege. No one owes any of us anything other than what 218 we can build ourselves. And I built it. And Luz Bennett is stealing it right out of my pocket. 219



Signed:

Illan Zabala


Defense Witness Statements Luz Bennett

My name is Luz Bennett. I am 62 years old and have lived my entire life in Picabo, 1 Idaho. My great-grandparents settled here in the late 1880’s and, after decades of hard 2 work and determination, built what is still today one of the largest and most successful 3 cattle ranch operations this side of Texas – The Flying B Cattle Ranch. 4

I know – right about now you are probably thinking, “Cattle ranching? I thought 5 everyone who lives in Idaho grows potatoes.” Well, that’s not the case. Our state license 6 plates may have said “Famous Potatoes” at one time but, despite popular belief, the leading 7 agricultural industry in Idaho is actually cattle. And there’s no question my family has 8 been instrumental in making that a reality. My great-grandfather was one of the founding 9 members of the Idaho Cattleman’s Association, an organization dedicated to sustaining and 10 promoting the beef industry and its importance in providing a healthy food source to people 11 around the world. My grandfather and father both followed in his footsteps, working the 12 family ranch and building alliances with and for other cattlemen in the state. 13

Given my upbringing and the examples my father and grandfather set for me, there was 14 never any question that I would carry on the family legacy of being a proud Idaho 15 cattleman/woman. And I have. I took over as the registered owner of the Flying B in my 16 mid-30’s. Since then, I’ve made it my life’s work to ensure that our ranching practices 17 produce only the highest quality beef and that the Bennett family name is one that is 18 revered among those in the Idaho cattle industry. 19

It probably goes without saying at this point, but the Bennett family is sort of an 20 institution, both in our little community of Picabo and throughout the entire state. Since 21 taking over the ranch in 1987, I have invested tens of thousands of dollars in the causes 22 that are important to the people of my community, including the revitalization of Main 23 Street, the construction and maintenance of a public swimming pool, the creation of a local 24 Boys and Girls club, and the remodeling of the Basque Community Center in the nearby 25 town of Hailey. I’ve also been both the president and a board member of the Idaho 26 Cattlemen’s Association and, in that capacity, have successfully lobbied for laws that 27 protect the rights of Idaho cattlemen and guarantee their continued access to some of the 28 finest grazing land in the state. 29


As a fourth generation Idahoan and the current owner/operator of the Flying B, I take 30 enormous pride in having both a shrewd business sense and an unrelenting work ethic. 31 Cattle ranching is hard business and requires the kind of physical and mental strength that 32 not everyone can manage. Most days I work from dawn to dusk tending in one way or 33 another to over 5,000 head of cattle. Some days I’m out on the range branding or herding 34 the cows; other days I’m building or mending fences; and still other days – particularly in 35 the winter – I’m playing veterinarian and helping to deliver calves. It doesn’t matter if it’s 36 raining or snowing or if it’s 100 degrees in the shade; whatever the conditions, there’s 37 always plenty of work that has to be done and, since I’m the head of the Bennett family and 38 the proprietor of the ranch, the buck stops with me. That’s not to say I don’t have some 39 help. The Flying B has always been a family business and, with the assistance some 40 competent ranch hands, my spouse and kids work just as hard as I do to ensure the success 41 of our family legacy. Well, all of my kids except for Shannon, that is. 42

Shannon is the youngest of my five children. Like the rest of her/his siblings, s/he grew 43 up on the ranch. But, for some reason, when all the rest of the kids were busy feeding and 44 watering the cows or repairing pens or weaning calves, Shannon was often nowhere to be 45 found. Oh sure, s/he would do just enough work to stay under my radar, but s/he never 46 truly pulled her/his weight around the place. And I don’t think s/he ever thought s/he had 47 to. It’s no secret the Bennett family is well-off and has been for generations. It’s also no 48 secret that Shannon is one of the beneficiaries of that wealth, but it’s sure not because s/he 49 has done anything to earn it. My grandfather created and funded a family trust back in the 50 1930’s. Due to the success of the ranch and the rise of the cattle industry in Idaho, there is 51 enough money in that trust to set up all of my kids for life – and Shannon has always 52 known it. 53

I don’t know how many times I tried to explain to Shannon that just because we are 54 wealthy doesn’t mean s/he was born with a silver spoon in her/his mouth. Being a Bennett 55 means being a cattleman/woman and, like all good cowboys, we “ride for the brand.” In 56 other words, we devote ourselves entirely to a cause greater than ourselves which, in this 57 case, means raising healthy cattle and being good stewards of the land. But Shannon didn’t 58 get that. S/he didn’t appreciate how hard we worked, and s/he certainly didn’t want to do 59 any hard work herself/himself. Instead of settling down and working the ranch, s/he dipped 60 into her/his share of the trust fund as soon as s/he turned 25 and used the prestige of our 61


family name to get a business license to open, of all things, a bar. I guess it was doing 62 pretty well for a while. But, true to form, Shannon wasn’t willing to do the hard work and 63 now, rumor has it, the Black & Tan is in the red. In fact, right after Shannon’s restaurant 64 got that bad review, I tried to offer him/her some help. After all, Shannon is a Bennett and 65 even if I don’t like that s/he’s running a restaurant, if the Black & Tan fails, it hurts the 66 Bennett family name. But, Shannon turned me down flat. S/he said, “Don’t worry about me, 67 Luz. I’m working things out with a new partner and we’ll be rolling in dough sooner than 68 you realize.” 69

So, you see, while Shannon and I have had our differences over the years, I still love 70 him/her and I never banished her/him from the ranch. No matter what s/he says, I’ve 71 always tried to support her/him. S/he actually sued the family trust fund to access money 72 for her bar. I stay out of that stuff, though. No idea what’s going on. I’m busy enough with 73 the ranch. From what I hear, the lawyers are still trying to work out the rest of the 74 settlement. 75

Shannon knows s/he is welcome at the ranch anytime. S/he’s always around for family 76 gatherings. S/he even still has the keys to the main house and most of the outbuildings, 77 including the one that houses all of the ranch veterinary supplies and my private office. 78 And, while I’m not a big drinker, I have patronized Shannon’s bar on a couple of occasions – 79 you know, to help drum up some business. But Shannon has never recognized or 80 appreciated my support. In Shannon’s eyes I’m the devil, and s/he always thinks I have 81 some nefarious motive. S/he’s always been mad at me since s/he was in high school. S/he 82 had some silly high school romance with a creep that I forbade because s/he was obsessed 83 with online video games. Once Shannon gets an idea in his/her head, s/he won’t let go of it. 84

Now s/he’s just plain making up lies about me – like claiming I was ever involved in 85 illegal or inhumane practices. Plain and simple, those incidents never happened. In fact, if 86 you want to know the truth, Shannon is the one who instigated the whole “sheep sneaking” 87 game when s/he was young. I punished him/her when I found out about it and explained 88 that the Bennetts have always respected all of God’s creatures, even sheep. But try as I 89 might, Shannon never quite got over that cruel streak. And now that s/he’s cozied up to 90 Illan Zabala her/his spitefulness has seemed to have taken a new turn – directly towards 91 me. 92


I know Shannon thinks Illan is her/his friend but, if you ask me, Illan has really pulled 93 the wool over Shannon’s – and everyone else’s – eyes. Illan wants everyone to believe s/he is 94 like every other Basque immigrant in our little community, just working as hard as s/he 95 can to achieve the American dream. And if that were actually the case I probably wouldn’t 96 have any beef with her/him. But it’s not. Illan is different from the other Basques. From the 97 moment s/he moved here, s/he has acted like we all owe her/him something. And when s/he 98 doesn’t get what s/he wants or thinks s/he’s entitled to because of her/his “heritage,” s/he 99 steps on anyone and everyone s/he needs to get ahead. I mean, look at the way s/he treated 100 my ranch hand, Gabby Echevaria, for example. 101

Unlike Illan, Gabby is a real Basquo who cares about this community and has made a 102 genuine effort to get along with everyone here. S/he understands there is a natural order to 103 the livestock business and that when it comes to cattle versus sheep, cattle always come 104 first. That’s why Gabby did so well as a sheepherder. S/he knew her/his place and never did 105 anything to step on my or any other cattle rancher’s toes. But Gabby’s luck changed after 106 Illan moved here. Instead of treating Illan like an outsider or viewing her/him as a 107 potential source of competition, Gabby took Illan under her/his wing and showed Illan the 108 ropes. What a mistake. Illan was just using Gabby, and it was just a matter of time before 109 Illan used the things Gabby taught her/him to turn around and steal Gabby’s sheepherding 110 business right out from under her/him. 111

Gabby was always extremely vigilant about protecting her/his flock, and s/he tried to 112 instill that same vigilance in Illan. But the extra precautions Gabby had always taken to 113 protect her/his sheep were lost on Illan. I’m not sure exactly how it happened, but while 114 they were working together, Illan somehow convinced Gabby that the costs of quarantining 115 new lambs outweighed the benefits. That one lapse in judgment was Gabby’s undoing. S/he 116 sold one of his/her unquarantined lambs to a local restaurant, and all of the people who ate 117 the lamb fell ill. After that, Illan started badmouthing Gabby’s business practices around 118 town. Gabby fell on hard economic times and was practically forced to hang up her/his 119 shepherd’s staff and look for work in greener pastures. And that’s where I came in. 120

After Illan ran her/him out of business, Gabby came to me for a job and I was happy to 121 give her/him one. That was probably one of the best decisions I have ever made. Gabby has 122 turned out to be ten times the worker my daughter/son Shannon ever was and, although it 123 pains me to say it, s/he is definitely more loyal to me and the entire Bennett family. Sure, 124


s/he says s/he has other aspirations besides cattle ranching – something about teaching the 125 folks around here “hi lie” or whatever that silly Basque game is called. I’m not sure what 126 that’s all about and, honestly, I really don’t care. Gabby understands where her/his bread is 127 buttered and I’m confident that s/he’ll continue to work for me for many years to come and 128 will always do what’s in the best interest of the Flying B. That kind of loyalty is hard to 129 come by and it’s especially important to me now, when Illan is trying her/his hardest to put 130 me out of business, just like s/he did with Gabby. 131

For some reason, Illan has always viewed me as the enemy. I tried very hard to welcome 132 her/him to this community, even going so far as to invite her/him into my home and give 133 her/him some pointers on how we do things here in Idaho so that we all can get along. Illan 134 was ungrateful. S/he seemed to make it her/his mission to make my life as miserable as 135 possible and do everything opposite of what I had suggested. I told Illan in no uncertain 136 terms that sheep and cattle don’t mix. That doesn’t mean I would ever do anything to harm 137 his/her or anyone else’s animals. Like I said before, the Bennetts have always respected all 138 of God’s creatures. But I sure as shootin’ don’t want to see any sheep grazing on the same 139 rangeland with my cows. I explained to Illan that when sheep eat grass, they pull it up by 140 the roots and ultimately destroy the land; they also carry diseases that could hurt my 141 livestock. But Illan didn’t care about that. S/he deliberately applied for a permit that would 142 allow her/his sheep to graze on prime rangeland near my ranch – rangeland that the 143 Bennett family/Flying B has always had exclusive grazing rights to. 144

I’m not going to lie, Illan has been a thorn in my side for years now. But that doesn’t 145 mean I’ve done the things s/he or Shannon have accused me of. Competition is competition 146 and, in the end, the free market decides. The Flying B has been a thriving cattle operation 147 for over 100 years. It isn’t going to crumble to pieces just because some insignificant 148 shepherd trots a measly 1500 or so sheep across some BLM land where my cattle graze. 149

I know, Shannon thinks Gabby and I were talking about doing in Illan’s sheep when 150 s/he saw us together in town. But s/he is wrong. Gabby is my right-hand woman/man, and I 151 often give her/him money to purchase supplies for the ranch. And anyway, why would I risk 152 everything – my business, my family, my reputation – by killing off Illan’s sheep? Illan isn’t 153 worth my time and, even if s/he was, there’s no doubt in my mind I would have other, less 154 damning ways to shut her/him down. Considering my local and political pull, I’m confident 155 that, if I wanted to, I could make my Illan “problem” disappear simply by proposing 156


legislation that would prohibit dual grazing on certain designated rangelands in Blaine 157 County. But why would I want to? Like I said, the Illan “problem” is really just an 158 annoyance and neither s/he nor her/his mangy sheep are worth my time. That anyone 159 would think otherwise just doesn’t make any sense. 160

You know what else doesn’t make sense? The way I allegedly did Illan’s sheep in. I’ve 161 researched bluetongue before, right around the time Gabby sold that diseased lamb to the 162 restaurant. As I understand it, it’s is a viral disease that can only be transmitted to sheep 163 and other livestock by gnats. I may be influential, but even I don’t have the power to 164 assemble an army of fighting insects whose sole mission is to target and attack Illan’s sheep 165 (and only Illan’s sheep) and infect them with some obscure virus that has never even made 166 its way to Idaho before now. And even if I did, I wouldn’t want to. Bluetongue may not be as 167 harmful to cattle as it is to sheep, but I would never risk exposing my animals to it. In fact, 168 that’s why I stock some bluetongue vaccine at the ranch. My cattle are my livelihood, and if 169 I’m not successful it’s not just me but the entire community that would fail. 170

Just ask Doc Murphy. S/he is not only the most well-known and respected large animal 171 vet in all of southern Idaho, s/he is also a former employee and one of my most valued 172 friends. If anyone knows how important my cattle operation is to the success of the 173 community it’s her/him. S/he has also seen first-hand what kind of operation I run and 174 knows I would never do anything to compromise my business or my reputation. 175

Yes, I know Sam Dacy says s/he found evidence “proving” I was the one who infected 176 Illan’s sheep but, if you ask me, s/he and Illan are in cahoots. Dacy had some foolish idea 177 that I was involved with that Owyhee Sleepy Horse gang. Couldn’t ever prove anything 178 ‘cause it’s not true. My guess is Dacy is conspiring with Illan to plant evidence implicating 179 me in this whole “Sheepgate” business because s/he couldn’t frame me in the Sleepy Horse 180 case. Don’t you think it’s a little convenient that Dacy just happened to find horseshoes 181 with the Flying B brand on them in the same area where Illan bedded down for the night 182 on the way to the Trailing of the Sheep Festival? And I’ve already explained why I have the 183 boxes of bluetongue vaccine that Dacy found while s/he was trespassing on Flying B 184 property. I’ll say it again, I had nothing to do with Illan’s sheep getting sick but, even if I 185 did, I’m sure not stupid enough to leave any evidence lying around. 186


Neither is Gabby. Sure, as my most trusted employee, s/he has access to almost every 187 part of the ranch. And there’s no question that s/he considers Illan a nemesis – and for good 188 reason. Gabby was nearly destitute after Illan stole her/his business and, before I hired 189 her/him, s/he was ready to kill Illan and his/her mangy sheep himself. But Gabby would 190 never actually do anything like that. S/he was just in a bad place when s/he told me Illan 191 would “get his/hers.” Since s/he’s worked for me, Gabby has no reason to wish Illan or 192 her/his sheepherding business any harm. In fact, I’m sure if you ask her/him Gabby will tell 193 you that getting out of sheepherding and into cattle ranching has been the best thing that 194 has ever happened to her/him. And I’ve heard that story about how I gave Gabby a truck to 195 get him/her to help me poison Illan’s sheep. That’s ridiculous. Gabby has been a loyal and 196 valuable employee – and that’s how you reward hard work. It was not a payoff for Gabby 197 poisoning the sheep. 198

Bottom line is, no matter what Illan and Shannon say, neither Gabby nor I have ever 199 threatened to harm Illan’s sheep. Yeah, I had a couple conversations with Illan about the 200 potential dangers of letting her/his sheep graze on the same land where cattle graze, but I 201 wasn’t trying to intimidate her/him. Just the opposite. I know this area like the back of my 202 hand and I just thought that Illan – being relatively new to both Idaho and the 203 sheepherding business – might benefit from some friendly advice about how to protect 204 her/his sheep. Can I help it if Illan is oversensitive and took my advice the wrong way? 205

Of course there are times I have gotten a little upset with both Illan and Shannon of 206 late. The way those two are always lurking around, trying to poke their noses into my 207 private conversations, is just downright disturbing. I finally had to tell Illan to mind his/her 208 own business. Really, for someone who is supposedly so ambitious, Illan sure has a lot of 209 time to worry about what’s going on with other people. 210

Look, I’m sorry so many of Illan’s sheep have died of bluetongue over the past several 211 years, but it’s not any fault of mine. Ever since s/he moved here, Illan has had it in her/his 212 head that I’m somehow standing in the way of her/his American dream. Given her/his 213 animosity towards me, I wouldn’t be surprised if Illan infected her/his own sheep just so 214 s/he could pin it on me. And, as much as I hate to speak ill of family, I’m sorry to say, I 215 wouldn’t be surprised if Shannon is in on the scheme. 216




Signed:

Luz Bennett


Gabby EchevariaMy name is Gabriel(a) Echevaria, but people have always called me Gabby. I am 54 1

years old. I was born in Barcelona, Spain, but I moved to the United States when I was 2 eight years old, so I consider myself more American than Spanish. I guess I also consider 3 myself to be Basque. My father was born and raised in San Sebastián, but my mother was 4 from Barcelona. 5

My mother’s family was involved in the shipbuilding industry that was part of the 6 newer Basque way of life. We are not rural, like Illan Zabala’s family. My mom met my dad 7 while she was with her family in San Sebastián while her father was trying to start a 8 business, helping to make the backwards Basque part of our great Spanish nation more 9 modern and industrial and pull the peasants there out of their medieval mind set. 10

I can tell you with some certainty that no one in my family was ever involved in any 11 terrorist activity just as I can say with great confidence that Illan was surrounded by ETA 12 and had many friends who were ETA terrorists. Let me just say that the last fatal terrorist 13 attack happened in San Sebastián in 2002, when ETA blew up a judge’s car and killed the 14 judge and one of his security guards. Did Illan do it? I can tell you s/he was living in the 15 area at the time and my cousin begged me to give Illan a job soon after the attack. 16

My cousin said Illan threatened to blame her for the attack in San Sebastián if I didn’t 17 help her get Illan out of Spain. That side of my family has always been a little iffy, but I 18 really don’t think she would be involved. Illan, on the other hand, I’m not so sure about. 19 When I asked Illan if s/he was ETA, all s/he did was shrug. My family? We have always had 20 a respect for the rule of law and working to create a better Spain within the system. We 21 weren’t terrorists who would blow things up and cause murder and mayhem just because 22 we didn’t get our way. We were in power and didn’t need to resort to terrorism. 23

My father was a pretty famous jai alai player. In fact he holds a world record. During a 24 game, he returned a pelota – that’s the ball we use – that was clocked at 188 miles per 25 hour. With his record, jai alai become known as the fastest game in the world and that 26 record has never been broken. Papa used his fame to try to make jai alai famous in the 27 United States too. I know; when I say famous and jai alai, most people probably think, 28 that’s like saying famous tiddlywinks. Who really cares? Well, in Spain jai alai used to be a 29 pretty big deal and my father was trying to make it a big deal here as well. 30


We moved to St Petersburg, Florida and opened up a jai alai gym and worked to get the 31 young people in the community interested in participating in the sport. And we did pretty 32 well, too. All the way through the 1970’s we had a thriving business and then I took over 33 the family business in 1985 but just could never make it grow the way my father had. By 34 1990, our gym and our family dream went under, in part because the sport has just lost its 35 popularity and in part because that kid lost his eye after he was hit with a pelota. I had told 36 him that he must wear his goggles, but he just wouldn’t listen to me. I was found liable for 37 that tragic accident and lost my family business. 38

After that, neither I nor jai alai was very welcome in St. Petersburg. So, like many other 39 Basque people, I moved to Idaho. I figured settling in the state that has the largest Basque 40 population outside of Spain would be a good place to start over. 41

I started tending to sheep because it seemed like the easiest thing to do. I used some 42 money that I inherited from my family to start a business. I think I was a lot better at it 43 than your average Basque yahoo right off the boat. 44

I grew up in America and know how to work with Americans. I think that’s why Luz 45 Bennett and I get along so well and why Illan Zabala and I never will. Illan will always be a 46 Basque person living in the United States and I will always be an American who happens 47 to have a Basque heritage; it doesn’t really matter that Illan is an official citizen and I am 48 not; it’s about how you live, not some piece of paper you have. 49

Look, being a shepherd has never been my life’s dream. It was just something I did 50 while I was figuring out what I was going to do with the rest of my life. It’s not like I was 51 ever really all that invested. That being said, that doesn’t mean I wanted to have my 52 business stolen out from underneath me by the likes of Illan Zabala. I mean, against my 53 better judgement, I took Illan under my wing. I taught him/her everything I know about the 54 business and helped Illan get established here in the Idaho. 55

And all the while that idiota was scheming how to take it all away from me. You’d be 56 bitter too if someone that you didn’t really want to help in the first place ended up taking 57 your company away from you; especially someone like Illan. Illan is not a good person and 58 not a good business person. S/he just doesn’t have any interest in running an ethical 59 company; it’s all about the profit to him/her. 60


S/he was always trying to talk me into cutting corners, like not quarantining the new 61 lambs before introducing them to the larger flock. Everyone knows that you need to make 62 sure your product is healthy so you don’t run the risk of infecting your flock with some 63 disease, or heaven forbid, infecting someone else’s flock. That’s just now how you run a 64 business. But Illan doesn’t care about the sheep except for how they can make him/her a 65 profit. 66

And one time, when Illan and I were out grazing our sheep, Illan told me of this 67 elaborate plan s/he had to commit fraud. S/he said, “We can kill some of our sheep and 68 make it look like they were killed by wolves. Then we can file a claim with the state. You 69 know they have a fund to reimburse sheepherders who lose their livestock to wolves, right?” 70 When I responded with horror, Illan immediately backed off and claimed to be joking, but I 71 have to say, that plan was way too elaborate for a joke. 72

But I’m over it. When I figured out that Illan was going behind my back, telling other 73 people in the business and vendors that I was not a very strong business owner and that 74 s/he was taking over, I could see the writing on the wall. When Illan claimed to everyone 75 that listened that it was my product that got everyone in that restaurant sick, it was really 76 the last straw for me. I could have made a go at it if I really cared that much, but I got a 77 better opportunity working with Luz Bennett. Being a valued and trusted member of Luz’ 78 inner circle will take me a lot farther than I ever would have running around the 79 mountains, chasing after a bunch of dirty sheep. Really, I’m glad to have washed my hands 80 of the whole thing. 81

Luz Bennett hired me because s/he knows I am a hard worker and have a head for 82 business. After all, I’ve already run two successful businesses. I’ve been with the Flying B 83 Ranch for six years now. I do whatever is needed around here. I help keep the books. I run 84 the kitchen at the ranch. I really take care of the day to day operations around here. Really, 85 there’s very little that goes on at the Flying B that I don’t have a hand in. Luz knows s/he 86 can trust me to run this place without having to look over my shoulder. I have proven 87 myself to be an extremely loyal employee who will do what it takes to get the job done. If 88 Illan Zabala was half as loyal as I am, we probably wouldn’t be in the mess we are today. 89

And Luz has been a great boss. S/he rewards loyalty like mine. That’s why I got a truck 90 from Luz. There’s nothing nefarious about it; just a bonus for being a hard worker. In our 91


line of work, a truck is a symbol of success, and I’m very proud to drive around town in my 92 Basque Red Ford. 93

In the last couple of years, Luz has really counted on me to serve as a kind of a liaison 94 between the Flying B and the Basque community. I’m really a part of the family; maybe 95 even more so than Luz’ own son/daughter Shannon. And as part of the family, I can tell you 96 that Luz is a good person. I know that s/he has a reputation as being kind of stern, which 97 may be what feeds the myth about Luz being a bit of a dictator in this community. But if 98 Luz was ever involved in anything bad, it’s certainly not been what I have witnessed. The 99 Luz I know is very generous and would do anything to make this community the best place 100 for all of us. 101

I have been talking lately with Luz about having him/her help me revive jai alai here in 102 the United States; right here in Idaho. Our plan is to start a jai alai training center as part 103 of the Basque Community Center Luz built in Hailey. I know Luz is really excited to help 104 me out and I have worked very hard to prove myself. Soon. Very soon. I’ll be back to being 105 the important person I am meant to be. Luz is going to help me make it happen. 106

Because of my strong working relationship with Luz, I spent a lot of time reaching out 107 to Illan Zabala about the grazing issue. I mean, Lord knows that if I never saw Illan again 108 in this lifetime, I’d be perfectly happy, but I’d do anything for Luz. I don’t know what it is 109 that Shannon thought s/he heard when Luz and I were talking in his/her office, but I can 110 tell you that it had nothing to do with hurting Illan. I was simply trying to explain to Luz 111 that I didn’t want to get caught in the middle of another drama with Illan. 112

But in the end, I did go out of my way to catch up with Illan a few winters back to let 113 him/her know that it would be better to find another place to graze his/her sheep. It was a 114 reasonable request. While there is a lot of wide open space, grazing land is not unlimited, 115 and Luz had already been using the area for his/her cattle. I was simply trying to let Illan 116 know that when we overgraze an area, it can kill the land for all of us. But no one can tell 117 Illan anything. Illan said that the government was on his/her side and s/he could take 118 his/her sheep wherever she wanted. Such a ridiculous, petty person. I rue the day s/he 119 moved to Picabo. 120

Now, as for this issue with the purple tongues or whatever, Illan is just paranoid. What 121 would I possibly know about how to make sheep sick? Why would I need to learn about this 122


disease? It is very rare in this part of the country and I doubt it would be here naturally. I 123 wouldn’t be at all surprised if Illan was the one to blame. Like I said, s/he has some really 124 shoddy business practices when it comes to the sheep; not quarantining them; letting them 125 overgraze on other people’s land. Or maybe Illan could have set this up. I mean, s/he 126 threatened to frame my cousin in Spain, and s/he was willing to sacrifice some sheep in 127 order to defraud the government. What’s to say, s/he wouldn’t try to frame someone here or 128 sacrifice some sheep to defraud the Flying B? 129

As far as seeing one of the Flying B trucks near Illan’s pen at the Trailing of the Sheep 130 Festival, I really don’t know what to tell you there. First of all, there are a lot of trucks 131 around here. The running joke here is that the population is made up of cattle, trucks, and 132 people: in that order. The Flying B alone has 5 or 6 company trucks, and they can be 133 anywhere at any time. I’m sorry if Illan feels one the trucks parked in his/her presence is 134 some kind of encroachment, but we have a lot of room here in Blaine county; no need for 135 assigned parking spaces. 136

Illan once told me s/he would do anything s/he had to do to become successful. You have 137 to ask yourself: who does Illan think is standing in the way of his/her success? None other 138 than Luz Bennett. Illan has built up this conflict with Luz and I’m certain that Shannon 139 has spent a lot of time in Illan’s ear stoking the fire. 140

I’ve known Shannon for a long time and based on what I know, s/he’s not a very nice 141 person. I’m not one to speak ill of anyone, but if I’m honest, I have to say that Shannon is a 142 spoiled, greedy brat. Shannon has always treated the Flying B employees like they were 143 something that should be wiped off the bottom of his/her shoe. Maybe that’s why s/he was 144 so obsessed with having me clean up the horse manure. But, because I love Luz, I just did 145 my job, even though I knew it was one of Shannon’s dirty tricks. When I started seeing 146 Shannon and Illan hanging out together, I could see the toxic writing on the wall. Those 147 two became thick as thieves and I knew that could be nothing but trouble. 148

I was there when Shannon and his/her father had their big blowout. The awful things I 149 heard Shannon say to his/her father were heartbreaking. The one thing I remember most 150 clearly is Shannon saying: “You’ll get yours one of these days. No one can stay in control 151 forever.” And in spite of all of that nastiness, Luz has kept the door open to Shannon. S/he 152 still has access to the ranch. 153


In fact, since Labor Day, I’ve seen Shannon lurking around the ranch a lot. I remember 154 it was Labor Day because that’s when Luz holds his/her big end of summer bar-b-que. I saw 155 Shannon wandering around like s/he was casing the joint. And I know Shannon thought 156 she was being clever, but I saw him/her again sometime in November, even though 157 Shannon tried to hide his/her car in the ranch hand parking lot. I know it was right before 158 Thanksgiving because we were all helping out in the kitchen, getting ready for the big 159 holiday feast. 160

I’m also not really sure why Shannon was following me around. Maybe if s/he spent 161 more time taking care of his/her own business instead of looking for trouble that isn’t there, 162 his/her restaurant wouldn’t be on the verge of failure. Whatever interaction Shannon 163 thinks s/he saw on the street between Luz and me is just a product of his/her overactive 164 imagination. Luz gives me money to buy things from Dr. Murphy all the time and 165 sometimes gives me empty versions of the products so that we make sure we get the right 166 replacement. 167

As for my sneaking around the water troughs at the sheep festival? I’m not really sure 168 what to say. I’m sure I was at the Festival. I go every year to reconnect with old friends. 169 Remember: I used to be a sheepherder before Illan came along. But I certainly didn’t dump 170 any virus into any water troughs. I’m sure I was just emptying a soda or a water bottle. 171 Quick! Call the recycling police! I may have littered! 172

Through all of this, my motive has been to simply try to help Illan understand how the 173 system works here and how to go along to get along. It’s not that I care whether or not Illan 174 is successful, but Luz asked me to help Illan understand why s/he needed to honor the 175 traditions that have worked in Picabo for over 100 years now. 176

That’s what I was trying to tell Illan when I ran into him/her at the Sheepherder’s Ball 177 a couple of years ago. Yes, I admit I had been drinking a bit. Who hadn’t? It was our biggest 178 party of the year. We are all celebrating our heritage and our success and giving cheer to 179 the end of another busy season. 180

And I know that Illan and Shannon would like to paint me as the town drunk, but it’s 181 not like I’m lurking in the doorways of the local watering holes, waiting for them to open at 182 10 in the morning so I can hang out with the other hard drinkers. Frankly, I don’t 183 remember all of what I said to Illan that night at the Black & Tan, but I tend to get a little 184


animated after I’ve tossed a few back. I’m sure, whatever I said, it was harmless. But I do 185 remember this very clearly. Right before Shannon asked me to leave, Illan Zabala leaned 186 over and hissed into my ear: “You’re not the only one with a Bennett on your side. Shannon 187 is my secret weapon and there’s nothing you or Luz will be able to do to stop us.” 188

I never threatened Illan and I never did anything to hurt any of his/her sheep, either on 189 my own or at the behest of Luz Bennett. I was just trying to warn Zabala that things would 190 go very bad if s/he didn’t wake up and realize how things operate here. I mean, stick with 191 the system for goodness sakes. Do what you’re supposed to do and honor those who have 192 come before you. Luz has been here a lot longer than Illan Zabala and I just thought it was 193 important that Illan understand the way things work. 194

But Illan didn’t listen and look where that’s gotten him/her. Illan is the victim of his/her 195 own need to win at all costs. S/he has sabotaged him/herself. Once a terrorist; always a 196 terrorist. 197



Signed:

Gabby Echevaria


Dr. Sandy MurphyI’m Sandy Murphy. I’m a doctor of veterinary medicine or DVM. I’m 62 years old, and 1

I’ve been a large animal vet for almost 20 years. I spent the first years of my career working 2 as a ranch hand, then decided to go to vet school in my 30s. Best decision I ever made. 3

I was born in Boulder, Colorado and grew up just north of there, out in the open space 4 between Mead and Platteville. My dad was a ranch hand and ran a few head of cattle of his 5 own. It never occurred to me that I’d do anything else. I loved the life. 6

I started working part time as soon as I was old enough. I wanted to quit school and 7 ranch full time, but dad insisted that I finish high school. In fact, he insisted that I finish 8 strong. He said I could work as a ranch hand if I wanted to, and that it was a good honest 9 life. But he made it very clear to me that he did that work because he had to, not because 10 he wanted to. His dad, my grandpa, died when my father was 14. That was still a time 11 when the oldest son was expected to support his family in those circumstances, so he quit 12 school and went to work. He didn’t even finish eighth grade. He got a job as a ranch hand 13 and never did anything else. He insisted that his kids get a high school education, if for no 14 other reason than to keep the door to opportunity open. So I worked my tail off. I did 15 whatever I had to do. I learned early that I should never let anything stand between me 16 and my success, and I never have. My siblings and I all graduated, with honors. 17

I still wanted to ranch, though. Right after high school I went to work on the ranch 18 where my dad was - he was foreman by then. I loved working with him, and I can’t tell you 19 how much I learned from him. He might not have had much schooling, but he knew more 20 about ranching and cattle than anyone I’ve ever known. Even more than Luz Bennett, who 21 has a shrewd eye him/herself. 22

And like Luz, my dad was not overly fond of sheep. I remember stories of how the 23 government used the Omaechevarria case and the Taylor Grazing Act to really stick it to 24 cattle ranchers. My dad hated sheep, and the Basque sheepherders. In hindsight, I don’t 25 think it was Basques my dad hated so much – he had some working for him now and again 26 – as much as what they represented to him: a bunch of rich easterners who knew nothing 27 about the west or ranching telling everyone else what to do. I’m ashamed to say, I shared 28 some of those attitudes for a time. I respected my dad a lot. But having lived and worked for 29


so long among Basques and sheep, I like to think I’ve outgrown that. I mean, a vet can’t 30 very well be picky about which animals to like. 31

Anyway, when I was 21 dad said I should strike out on my own. He’d never seen much 32 of the world, and he wanted his kids to see somewhere other than Colorado, although I 33 never thought I’d find a place I loved more. I worked as a hand up and down the Front 34 Range for a while, then headed up to Wyoming. From there I went up to Montana, then 35 over here to Idaho. 36

As soon as I got here, in 1983, I went to work for Luz Bennett. Luz knows almost as 37 much about cattle as my dad, and s/he runs a tight ranch. There are different kinds of 38 ranchers, just like any other kind of living. Some run tight places, where everything is kept 39 in top condition, and the animals and hands are well taken care of. Other places look like a 40 tornado just came through. You wonder how they survive. Luz runs the right kind of place. 41

I wasn’t working with Luz for long before s/he said I should become a vet. S/he said s/he 42 noticed how I looked after the livestock, and how I liked to read up and research things – a 43 habit I picked up because of my dad. I’ll never forget it. Luz said, “You know, Sandy, that 44 old sheepherder Dr. Ysursa has been the vet in Hailey for way too long. He really needs to 45 retire. You’d make a great replacement.” By this time, I was 30, and I didn’t see how I could 46 ever do it. But Luz encouraged me – s/he said, “Sandy, the area really needs a vet who 47 understands the interests of cattle ranchers” – so I gave it some serious thought. 48

I talked to Dr. Ysursa, and he said he’d try me out. He let me do rounds with him and 49 help out around his clinic. He was a good teacher, although he knew a lot more about sheep 50 than cattle. Dr. Ysursa was very old school, you might say. For example, he never met a 51 vaccination he liked. Nowadays he’d probably be called an “anti-vaxxer,” but in his day he 52 was pretty much the norm. He said they did more harm than good, and that the risks 53 weren’t worth it. Even after some pretty nasty stuff moved through a herd, he stuck to his 54 opinion. I’ve tried to keep a more open mind, so I’ve adopted a more wait-and-see approach 55 – I don’t automatically vaccinate for everything, but if there’s a significant risk of an 56 outbreak I’ll advise it. 57

Looks like I wandered some. Anyway, working with Dr. Ysursa I found that I did have a 58 knack for vet work, and that I liked it, too. After I worked with him for a couple of months 59


he also encouraged me to go to vet school, and that was enough to give me the push I 60 needed. 61

Of course, I needed a college degree first. I took classes part time at the College of 62 Southern Idaho, as well as some distance learning classes at the University of Idaho. I 63 studied hard, plus kept working with Dr. Ysursa and Luz part time. I worked my butt off 64 and got my pre-vet done in six years. Then I went to the Washington State University vet 65 school and got that done in three years. Between part time work, scholarships, and some 66 very generous financial assistance from Luz, I was able to pay my way through. I knew how 67 to study, and I knew how to work hard. Dad’s advice really paid off. As soon as I got my 68 DVM I came back to Hailey, joined Dr. Ysursa, and I’ve been here since. 69

Dr. Ysursa retired within a year after I moved into his practice. It’s strange, but I’m not 70 sure he was really ready. I know Luz spent a lot of time talking to him about it– I guess 71 they were pretty close. Eventually, Dr. Ysursa just said the strain was too much at his age, 72 and he quit. Left the area, in fact. I’m pretty much the only vet that’s been able to survive 73 here all these years. I get help from vet students when I need it. There’s always someone 74 who wants to do an internship or a residency with me, and I always make sure I introduce 75 them to Luz, since s/he’s been such a big influence on me, but no one has wanted to stick 76 around and try to make a living here. 77

I’ve known Shannon Bennett since s/he was born. If there is one fault Luz had over the 78 years, it was being too soft on Shannon. I know Luz wanted Shannon to take over the 79 family ranching business, but for some reason Shannon wanted none of it. I know it 80 disappointed Luz, but in my opinion it’s just as well. Besides being lazy, Shannon is one of 81 those people who likes to create trouble and blame others. It’s really almost pathological. 82 When Shannon was a little kid s/he would do awful things – cut fences, pour things into the 83 water troughs, leave the gates to the cattle pens open – then blame the hands. I saw 84 Shannon do those things with my own eyes, but when I or the other hands would try to talk 85 to Luz about it, s/he wouldn’t hear it. In Luz’s eyes, Shannon could do no wrong. More than 86 one hand quit after being blamed for Shannon’s mischief. 87

Gabby Echevaria was a particular target of Shannon’s. One time, I saw Shannon take a 88 shovelful of manure and leave it outside the barn door – something everyone knew Luz 89 hated. When Luz saw it during a morning meeting s/he said, “yeah, Gabby didn’t clean up 90


after his/her horse.” Luz made everybody wait while Gabby got a shovel and cleaned it up. 91 We all felt sorry for Gabby, but there wasn’t anything we could say. From that day on, 92 Shannon’s favorite phrase was “Gabby did it.” I don’t know why Gabby put up with it. I 93 think the only reason Luz kept Gabby around was because s/he knew what the real story 94 was. 95

Things really got out of hand when Shannon took his/her show on the road. As soon as 96 s/he hit 7th grade, s/he started messing with sheep. Shannon was an expert at separating 97 sheep from a herd without getting caught. Some poor sheepherder would put the word out 98 that he was missing a few head, and Shannon would say, “Oh, yeah, I think I saw them the 99 other day down in such-and-such place,” and sure enough, there they’d be. It was uncanny 100 how Shannon always just happened to know where everyone’s missing sheep were. It 101 wasn’t long before everyone just knew to ask Shannon when they were missing animals. No 102 one could ever catch him/her in the act, but we all knew what was up. 103

Much to Luz’s disappointment, Shannon never did amount to a rancher. S/he left the 104 ranch at the first opportunity, and now s/he runs the Black & Tan. It’s easier to herd beers 105 than cattle, I guess. I don’t know how good a living Shannon makes off that place. S/he 106 started it with Bennett family money, and must keep it going that way, too. There aren’t 107 enough people buying food and drink in there to pay him/her much. 108

So about this business with Illan’s sheep. What a sad situation. I was called to examine 109 Illan’s sheep when they first came down sick back in October 2013. They showed several 110 symptoms: high fever, excessive salivation, swelling of the face and tongue and cyanosis of 111 the tongue. That last one – a blue tongue – is what gives the disease its name. I had to do a 112 little research, I’ll admit, because I’d never seen bluetongue before outside of textbooks in 113 vet school. It’s fairly common in Europe and in some parts of the US, but it hadn’t been in 114 this part of Idaho before, or anywhere in Idaho for that matter. Bluetongue is insect borne - 115 it isn’t passed from animal to animal - and sheep are particularly susceptible. You find it in 116 the gnat populations of some areas, and there is no shortage of gnats around here. The 117 incubation period in sheep is one to two weeks, and the symptoms can take up to a month 118 to develop, so it’s most likely that Illan’s sheep were infected long before they got to the 119 festival. 120


In fact, given what I saw in Illan’s sheep, it was really ignorant of Illan not to notice 121 symptoms before the festival. Bluetongue is nasty. If Illan did notice the symptoms, it was 122 incredibly irresponsible to bring those sheep to the festival. S/he should have sent for me 123 while the sheep were well out of town so they could be examined and quarantined if 124 necessary. Not that I’m surprised. Illan like’s to do things his/her own way, and doesn’t like 125 to spend money s/he doesn’t think is necessary. Illan cuts corners. If you line up 10 sheep 126 from 10 different flocks, you can bet the least healthy, worst looking sheep will belong to 127 Illan. 128

It’s entirely possible Illan’s sheep were infected before s/he even bought them. I know 129 for a fact that the broker Illan goes through to find sheep does not care if sheep are healthy 130 or not. I’ve examined most of the sheep in this county, and when I find any sick sheep that 131 are new to a flock, 90% of the time they came through the same broker. In hindsight, I 132 should have followed up on that line of thought with Illan. I just never expected anybody to 133 get accused of intentionally infecting sheep. 134

Even though science knows a good deal about bluetongue, there’s still a lot that’s a 135 mystery. For example, we know it’s spread by gnats, but it wasn’t until recently that the 136 UC Davis discovered how it survived the winter in female gnats. We also know there are 13 137 different serotypes – what you might call strains – of bluetongue known in the US. 138 However, vaccinations aren’t available for all of them. That’s one of the risks of vaccination. 139 See, viruses are smart. It’s like they know you are trying to kill them, so they mutate to a 140 strain that resists whatever weapon you are currently throwing at them. That’s one of the 141 arguments against vaccination – better the devil you know than the devil you don’t. 142

Even how it spreads can change. Again, we know it is spread by gnats. Until very 143 recently it was thought that bluetongue wasn’t contagious, and that there was no risk of 144 contracting the disease directly from an infected animal. However, in very, very rare 145 circumstances it has been known to pass from one goat to another through direct contact or 146 via shared drinking water. Again, that’s very rare, and goats are very different than sheep. 147 Of course, it can also be spread by contaminated veterinary instruments, or injected 148 directly into an animal. 149

Unfortunately, because bluetongue had never appeared here before, we weren’t ready 150 for it. There’s no cure for bluetongue, but if you vaccinate for the right serotype at the right 151


time you can put a damper on it. Vaccines are hypothetically available, but in the US they 152 are limited, expensive, and serotype specific, meaning you’ve got to guess which serotype 153 might get into the gnat population and hope you’re right. Thirteen serotypes have been 154 identified in the US, and vaccines have been manufactured for three. Besides, the vaccines 155 introduce additional risks to the sheep population that can actually make the problem 156 worse. Taking preventive measures is your best protection. 157

That doesn’t mean Illan should not have vaccinated. You have to hit them in the late 158 spring or early summer, and you have to keep it out of your breeding stock, as there is risk 159 to pregnant ewes and their lambs. You also have to inoculate lambs within three months of 160 birth. It’s a little complicated, but you just have to pay attention to the calendar. More than 161 once I told Illan to vaccinate – I even ordered some vaccine before the 2015 festival – but 162 Illan didn’t want to be bothered with that. S/he’d tell me, “It’s too much hassle, doc,” or, “It’s 163 too expensive, doc.” Illan’s always trying to find ways to cut corners, but I’m not sure that’s 164 a corner I’d want to cut. 165

Several of Illan’s sheep died that first year. I feel terrible for him/her. I’ve always liked 166 Illan - s/he’s among the last of a dying breed, and proud of his/her heritage. I’ve been 167 around ranchers long enough to know that losing any animal hurts. Its money thrown 168 away. 169

By the way, I never told Illan that bluetongue appears once a year. That just isn’t so. 170 Illan must have misunderstood something. You usually see infection set in during August 171 and September, when the gnat population is at its peak, but it can show up anytime. See, 172 the gnats wake up in the spring and start mating and reproducing. Then in the fall they’re 173 all over the place. It doesn’t surprise me that the sheep died in October. That timing would 174 be just about right. 175

It’s hard to say exactly how or when bluetongue got here in the first place. It started in 176 Africa, then hit Europe, and over the last few years it’s been making its way through the 177 US – mostly in warmer climates. It was just a matter of time until it arrived in Idaho. 178

For all we know it was in the cattle before it got to the sheep. Cattle are carriers of 179 bluetongue, but rarely come down with it. If it’s in a cattle herd, then the gnats will pick it 180 up and spread it around. Then again, it had to have been gnats that brought it into the area 181


and infected the cattle. I haven’t tested any cattle around here – there’s no point. It’s very 182 likely that by now they are infected. Knowing that wouldn’t tell us anything. 183

Anyway, I did a necropsy on a couple of the sheep and was able to confirm the 184 bluetongue virus. I had to send the samples to a lab in Texas since bluetongue is virtually 185 unheard of in Idaho. All I could do was recommend to Illan isolate any potentially infected 186 sheep, and that s/he move his/her sheep to another area. Illan could try using an 187 insecticide. S/he could also try not to pasture the sheep near running water, but that’s very 188 impracticable around here. 189

Anyway, the same thing happened the next two years – Illan brought infected sheep to 190 the festival. He lost even more sheep in 2014 and 2015. It’s really sad, but again not 191 surprising. Those two winters were milder and temperatures averaged above normal. Less 192 freezing means less gnat mortality, and that just gives them a head start in the spring. 193

Like I said, there is no “cure” for bluetongue. Once an animal is infected you can only 194 hope it doesn’t get sick. If it does, the mortality rate can be huge – up to 80%. But that also 195 means that after Illan’s sheep died in 2013, it’s certain that there were still sheep in his/her 196 flocks that were infected – they just didn’t get sick. Once a flock has it then the gnat 197 population is going to spread it around. I don’t know why sheep from other flocks haven’t 198 contracted it yet. It’s very likely they have, but for whatever reason haven’t become sick. 199 It’s just a matter of time until they do. 200

That’s all the more reason you should quarantine infected sheep, or isolate new sheep 201 before introducing them into the flock. If an animal in the flock has bluetongue, it will pass 202 it into the gnat population. If you don’t know whether any of the sheep are infected, isolate 203 them. If no new symptoms show up for three weeks, you’re in good shape. To be really safe, 204 Illan’s whole flock should have been tested or isolated until s/he figured out which ones 205 were carriers. I doubt Illan did that, either. If s/he had done so, maybe the disease would 206 have died out quickly. But once Illan ignored the problem, it was too late. 207

I know Sam Dacy said s/he didn’t find anything, but s/he’s not a veterinarian, or any 208 kind of scientist as far as I know. A 20-year-old master’s degree does not qualify you as an 209 epidemiologist. Sam goes around telling everyone that s/he was put behind a desk because 210 Luz had it in for him/her. But Sam’s better suited to ride a desk than the open range. For 211 example, Sam wanted to test the water troughs, but that would have been pointless. The 212


buffalo gnat which carries bluetongue requires moving water to survive. Gnats would not 213 hang out in a water trough. And citing an obscure French study as evidence that 214 bluetongue is water-borne? Give me a break. 215

By the way, the fact that the water troughs were scrubbed and disinfected is 216 meaningless. The bluetongue virus has to be introduced directly into the blood – like by a 217 gnat bite. It’s not contagious directly among animals. You wouldn’t find it in the water 218 trough even if an infected sheep had taken a bath in it. I ordered the troughs be scrubbed, 219 anyway. It’s always a good precaution. You can never be too careful. I talked it over with 220 Luz, and s/he wanted to make sure no more sheep were infected, or that it got into his/her 221 cattle, so s/he agreed that scrubbing the troughs was a good idea. 222

That’s why Shannon’s story that Gabby put something into the water doesn’t add up. 223 There’s nothing Gabby could have done to the water to give Illan’s sheep bluetongue. But 224 the story is consistent with Shannon’s character – if anything bad happens, “Gabby did it.” 225

Bluetongue is not harmful to humans either, even if the meat they eat is infected. Illan’s 226 making a big deal out of Shannon’s customer’s getting sick from a lamb from Gabby’s flock, 227 but whatever that was, it wasn’t bluetongue. 228

And here’s another thing that shows how unqualified Sam Dacy is. S/he claims s/he 229 found bluetongue vaccine in on a shelf in one of Luz Bennett’s outbuildings. Bluetongue 230 vaccine has to be refrigerated and kept in the dark. When I deliver vaccines to Luz I make 231 sure s/he knows how to store them properly. Whoever left that vaccine there – if there was 232 any vaccine – was a fool. It sure wasn’t Luz. I’ve looked in my records, and I never gave Luz 233 any vaccine. S/he wouldn’t need it. Like I said, cattle are carriers, but the risk to cattle is 234 extremely low. Less than 5% of an infected herd will develop symptoms, and most of those 235 will get over it. Bluetongue mortality among cattle is very rare. 236

Besides, you have to be very careful about a vaccination regimen. If you do it wrong, you 237 can actually make the problem worse. For example, vaccinating with a live-attenuated 238 vaccine during the peak of gnat season brings the risk that the vaccine virus will be 239 transmitted from a vaccinated animal to a non-vaccinated animal. But Luz is smart, and 240 that includes being smart enough to leave it to me to do the vaccinating. Luz wouldn’t be 241 stupid enough to try that on his/her own. 242


I didn’t take any samples of the gnat population. There was no point. Random sampling 243 is highly unlikely to find an infected gnat. It’s not as if one has it therefore they all have it. 244 Gnat populations rise and fall depending on the year, and on the season. The warmer the 245 summer, the more gnats. Females lay up to 600 eggs, and the entire life cycle from egg to 246 death can be anywhere from one to six weeks, with the active adult stage lasting less than 247 two weeks. Adults can travel more than 30 miles seeking food (blood from live hosts). In 248 southern Idaho that means you will have between three and seven generations each year, 249 spread over hundreds of miles. When any gnat-borne disease first appears it would be total 250 dumb luck to find the source. Once it’s in the gnat population there’s nothing an individual 251 shepherd can do about it. You just have to be vigilant and protect your animals. 252

I need to say a couple of other things. First, there is no evidence the sheep were 253 intentionally infected. Luz is a good man/woman. I have never seen or heard anything that 254 would make me believe Luz would intentionally hurt any animals, even sheep. Besides, 255 infecting an animal with a virus is no easy task. It’s not like in the movies, where you just 256 sneak up and poison the water supply then sit back and wait. Viruses are highly complex in 257 how they work, and it takes training and skill to work with them successfully even in 258 tightly controlled lab experiments. I know for a fact that Luz wouldn’t do it. S/he’s not like 259 that. 260

I honestly don’t know Gabby well enough to say. Apparently there is some bad history 261 between Gabby and Illan. But even if Gabby wanted to, s/he couldn’t have done it. Gabby 262 doesn’t make a move without Luz’s approval, and Gabby doesn’t do anything Luz doesn’t 263 know about. I don’t know if Gabby is even smart enough to know how to infect an animal 264 without Luz’s help. Besides, the only evidence that Gabby had anything to do with it is 265 Shannon, and that’s worth absolutely nothing. 266

Finally, I would never shade my testimony, and in spite of what Sam Dacy thinks, I 267 never have. My dad taught to work hard and be honest. Luz taught me that, too. The facts 268 are the facts, lead where they will. One of those facts appears to be that Sam Dacy has it in 269 for Luz Bennett. 270




Signed:

Sandy Murphy, DVM


Exhibits

The subsequent pages of this section include the following exhibits: Exhibit 1: Note Found on Sheep Pen Exhibit 2: Photograph of Book, Found Open to Description of Bluetongue Exhibit 3: Article about October 2002 ETA Bombing Exhibit 4: Bluetongue Fact Sheet Exhibit 5: Photograph of Broken Vial of Bluetongue Vaccine Exhibit 6: Internet Search History from Luz Bennett’s Computer Exhibit 7: Grazing Permit Exhibit 8: Livestock Bill of Sale Exhibit 9: Text Messages between Gabby Echevaria and Illan Zabala Exhibit 10: Shannon Bennett’s Bank Statement Exhibit 11: License Plate Search Exhibit 12: Review of the Black & Tan Restaurant Exhibit 13: Sandy Murphy’s Report Exhibit 14: Translation of Bluetongue Article from French Journal Exhibit 15: Photograph of Bluetongue Vaccine on a Shelf at the Flying B Ranch


Exhibit 1: Note Found on Sheep Pen


Exhibit 2: Photograph of Book, Found Open to Description of Bluetongue Both pictures are part of the same exhibit.


Exhibit 3: Article about October 2002 ETA Bombing


Exhibit 4: Bluetongue Fact Sheet


Exhibit 5: Photograph of Broken Vial of Bluetongue Vaccine


Exhibit 6: Internet Search History from Luz Bennett’s Computer


Exhibit 7: Grazing Permit


Exhibit 8: Livestock Bill of Sale


Exhibit 9: Text Messages between Gabby Echevaria & Illan Zabala


Exhibit 10: Shannon Bennett’s Bank Statement


Exhibit 11: License Plate Search


Exhibit 12: Review of the Black & Tan Restaurant


Exhibit 13: Sandy Murphy’s Report Exhibit 13 includes the report that appears on this and the next page.



Exhibit 14: Translation of Bluetongue Article from French Journal


Exhibit 15: Photo of Bluetongue Vaccine on Shelf at Flying B Ranch


Jury Instructions

Before the commencement of the trial and its conclusion, the judge will instruct the jury how to apply the law to the evidence. Hypothetically, if the judge in your mock trial case were to provide instructions to the jury, they would look something like these.

A copy of these instructions may not be used as an exhibit during the mock trial competition; however students may use these concepts in fashioning their case and making arguments to the jury.

Preliminary Instructions Instruction No. 1: Role of the Jury

Now that you have been sworn, I have the following preliminary instructions for your guidance as jurors in this case.

You will hear the evidence, decide what the facts are, and then apply those facts to the law that I will give to you.

You and only you will be the judges of the facts. You will have to decide what happened. I play no part in judging the facts. You should not take anything I may say or do during the trial as indicating what I think of the evidence or what your verdict should be. My role is to be the judge of the law. I make whatever legal decisions have to be made during the course of the trial, and I will explain to you the legal principles that must guide you in your decisions. You must follow that law whether you agree with it or not.

Moreover, although the lawyers may have called your attention to certain facts or factual conclusions that they thought were important, what the lawyers said is not evidence and is not binding on you. It is your own recollection and interpretation of the evidence that controls your decision in this case.

Neither sympathy nor prejudice should influence your verdict. You are to apply the law as stated in these instructions to the facts as you find them, and in this way decide the case.

Instruction No. 2: Evidence The evidence from which you are to find the facts consists of the following:

1. The testimony of the witnesses;

2. Documents and other items received as exhibits; and


3. Any facts that are stipulated--that is, formally agreed to by the parties.

The following things are not evidence:

1. Statements, arguments, and questions of the lawyers for the parties in this case;

2. Objections by lawyers;

3. Any testimony I tell you to disregard; and

4. Anything you may see or hear about this case outside the courtroom.

You must make your decision based only on the evidence that you see and hear in court. Do not let rumors, suspicions, or anything else that you may see or hear outside of court influence your decision in any way.

You should use your common sense in weighing the evidence. Consider it in light of your everyday experience with people and events, and give it whatever weight you believe it deserves. If your experience tells you that certain evidence reasonably leads to a conclusion, you are free to reach that conclusion.

There are rules that control what can be received into evidence. When a lawyer asks a question or offers an exhibit into evidence, and a lawyer on the other side thinks that it is not permitted by the rules of evidence, that lawyer may object. This simply means that the lawyer is requesting that I make a decision on a particular rule of evidence. You should not be influenced by the fact that an objection is made. Objections to questions are not evidence. Lawyers have an obligation to their clients to make objections when they believe that evidence being offered is improper. You should not be influenced by the objection or by the court’s ruling on it. If the objection is sustained, ignore the question. If it is overruled, treat the answer like any other.

Also, certain testimony or other evidence may be ordered struck from the record and you will be instructed to disregard this evidence. Do not consider any testimony or other evidence that gets struck or excluded. Do not speculate about what a witness might have said or what an exhibit might have shown.

Evidence may either be direct evidence or circumstantial evidence. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw, heard, or did. Circumstantial evidence is proof of one or more facts from which you


could find another fact. You should consider both kinds of evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give. You may decide the case solely based on circumstantial evidence.

In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You are the sole judges of the credibility of the witnesses. “Credibility” means whether a witness is worthy of belief. You may believe everything a witness says or only part of it or none of it. In deciding what to believe, you may consider a number of factors, including the following:

1. the opportunity and ability of the witness to see or hear or know the things the witness testifies to;

2. the quality of the witness’ understanding and memory; 3. the witness’ manner while testifying; 4. whether the witness has an interest in the outcome of the case or any motive, bias or

prejudice; 5. whether the witness is contradicted by anything the witness said or wrote before

trial or by other evidence; 6. how reasonable the witness’ testimony is when considered in the light of other

evidence that you believe; and 7. any other factors that bear on believability.

In deciding the question of credibility, remember to use your common sense, your good judgment, and your experience. Inconsistencies or discrepancies in a witness’ testimony or between the testimonies of different witnesses may or may not cause you to disbelieve a witness’s testimony. Two or more persons witnessing an event may simply see or hear it differently. Mistaken recollection, like failure to recall, is a common human experience. In weighing the effect of an inconsistency, you should also consider whether it was about a matter of importance or an insignificant detail. You should also consider whether the inconsistency was innocent or intentional.

After you make your own judgment about the believability of a witness, you can then attach to that witness’s testimony the importance or weight that you think it deserves.


The weight of the evidence to prove a fact does not necessarily depend on the number of witnesses who testified or the quantity of evidence that was presented. What is more important than numbers or quantity is how believable the witnesses were, and how much weight you think their testimony deserves.

Post-Trial Instructions Instruction No. 3: Burden of Proof

This is a civil case in which the plaintiff seeks damages.

The plaintiff has the burden of proving its case by what is called the “preponderance of the evidence.” That means the plaintiff has to prove to you, in light of all the evidence, that what it claims is probably more true than not true. To say it differently: if you were to put the evidence favorable to the plaintiff and the evidence favorable to the defendant opposite sides of the scales, the plaintiff would have to make the scales tip ever so slightly to its side. If the plaintiff fails to meet this burden, the verdict must be for the defendant. If you find after considering all the evidence that a claim or fact is more likely so than not so, then the claim or fact has been proved by a preponderance of the evidence.

You may have heard of the term “proof beyond a reasonable doubt.” That is a stricter standard of proof and it applies only to criminal cases. It does not apply in civil cases such as this, so you should put it out of your mind.

In determining whether any fact has been proved by a preponderance of evidence in the case, you may, unless otherwise instructed, consider the testimony of all witnesses, regardless of who may have called them, and all exhibits received in evidence, regardless of who may have produced them.

This case is bifurcated, so damages are not at issue. As such, the plaintiff need only prove that there was damage, but need not prove the extent of the injuries or damages at this time.

Instruction No. 4: Issues in the Case The plaintiff, Illan Zabala, claims that the defendant, Luz Bennett, personally or

through an agent, has committed trespass to livestock by intentionally dispossessing the plaintiff of the livestock, or using or intermeddling with livestock in the possession of the plaintiff. The plaintiff has the burden of proving his/her claims.


The defendant denies the plaintiff’s claims.

Thus, the issues for you to decide, in accordance with the law as I give it to you, on three separate occasions, did the defendant intermeddle or dispossess the plaintiff of his/her livestock?

Instruction No. 5: Elements as to Trespass Upon Livestock Separately as to each count, the plaintiff must prove by a preponderance of the evidence

that the defendant:

1. personally or through an agent;

2. without the plaintiff’s consent;

3. interfered or intermeddled with the plaintiff’s possessory interest in livestock;

4. the defendant’s actions were intentional; and

5. the defendant’s actions caused damage to the plaintiff.

Instruction No. 6: Interfering or Intermeddling with Possessory Interest in Livestock

You should find that the defendant interfered or intermeddled with the plaintiff’s possessory interest in livestock if you find by a preponderance of evidence that the defendant, personally or through an agent:

1. dispossessed the plaintiff of the livestock; or

2. impaired the livestock as to its condition, quality, or value; or

3. deprived the plaintiff of the use of the livestock for a substantial time; or

4. caused harm to livestock in which the plaintiff has a legally protected interest.

It is not necessary that the defendant knew or had reason to know that such intermeddling is a violation of the plaintiff’s possessory rights (i.e., that the defendant knew the sheep belonged to the plaintiff).

Instruction No. 7: Intent In this case, you should find the defendant acted “intentionally” if you find by a

preponderance of evidence that the defendant’s act was done:

1. for the purpose of using or otherwise intermeddling with the livestock; or


2. with knowledge that such an intermeddling will, to a substantial certainty, result from the act.

Instruction No. 8: Agency An agency is a consensual relationship in which one party, the principal, grants

authority for another party, the agent, to act on behalf of and under the control of the principal. A common example is an employment relationship.

In this case the plaintiff has alleged that the defendant acted either personally or through an agent, Gabby Echevaria, alleged to be an employee of the defendant. The defendant is liable for the acts or omissions of his/her employees if those acts or omissions are within the scope of their employment and cause injury to another person.

You may find the defendant acted through an agent if you find by a preponderance of the evidence:

1. that there was a principle/agent relationship between the defendant and Gabby Echevaria at the time of the alleged trespass; and

2. that Gabby Echevaria was engaged in the work and was about the business of the defendant at the time of the alleged trespass; and

3. that the business in which Gabby Echevaria was engaged at the time of the alleged trespass was within the course and scope of his/her authority or employment with the defendant.

It would be within the course and scope of Gabby Echevaria’s authority or employment if it was done in furtherance of the business of the defendant, or was incident to the performance of duties entrusted to Gabby Echevaria, or was done in carrying out a direction or order of the defendant, and was intended to accomplish the purposes of the agency.

It is not required that Gabby Echevaria acted exclusively to fulfill the purposes of the agency. If Gabby Echevaria had several reasons for acting, the plaintiff need only prove that one of Gabby Echevaria’s reasons for acting was to accomplish the purposes of the agency and/or the objectives of the defendant, in order for the defendant to be liable to the plaintiff.


Instruction No. 9: Sympathy and Prejudice Please keep in mind that this dispute between the parties is, for them, a most serious

matter. They and the court rely upon you to give full and conscientious consideration to the issues and the evidence before you. Neither sympathy nor prejudice may influence your deliberations. You should not be influenced by anything other than the law as I have stated it to you and the evidence in this case, together with your own judgment and evaluation of that evidence.

All parties stand equally before the court, and each is entitled to the same fair and impartial treatment in your hands. Please keep in mind that you are bound by the law, and your sole job in this case is to be judges of the facts. You are to use your common sense and collective experience to determine the facts in this case and to balance the competing interests in accordance with the law with which I have just instructed you.