A consumer group has taken the first step toward suing the Washington Beef and Dairy Commissions, claiming they failed to protect consumers from mad cow-tainted meat.

An exclusive, year-long, KIRO Team 7 Investigation into so-called "downer" cows is being used as evidence in the legal action.

Investigative Reporter Chris Halsne reveals some highly embarrassing, potentially costly, state documents on this case.

In October of 2002, KIRO Team 7 Investigators ran a series of reports questioning the lack of inspection of downer cattle outside a slaughterhouse in Chehalis.

The State Agriculture Department, and the Beef and Dairy Commissions publicly attacked our investigation, saying downer cows were perfectly safe to eat. However, in private, e-mail records show they weren't so sure.

Attorney Shawn Newman runs a non-profit taxpayer watchdog group called CLEAN, best known for trying to stop public funding of Seattle's new sport stadiums. His new mission: shedding light on how Washington's Beef and Dairy Commissions put consumers in mad cow-danger. He's filed a "Claim for damages" with the Attorney General's office.

"Public agencies have an obligation to the public. I think unfortunately in this case, the beef commission has dropped the ball on their public obligation," he said.

Newman thinks KIRO Team 7 Investigators did a great job showing the public what can get into their hamburger, but the state ignored our warnings in favor of protecting the cattle industry.

"I admire KIRO for speaking the truth for getting the issue out there.. there is a problem.. You were the harbinger of what we see now."

Over the past year, KIRO-TV has obtained hundreds of state-generated memos and letters regarding our investigation. Even though publicly, the Dairy Commission condemns our stories as "false," an e-mail attached to the legal claim shows the opposite.

The Dairy Commission's chief communications manager, Blair Thompson, writes this: "The plant - it's Midway, but don't tell anyone that - has a reputation for processing animals even after they've died ... producers know they can always send an animal in poor shape there and still turn a buck on it."

"It's unfortunate public officials didn't aggressively act in response to your story and do something about downer and dead cattle."

Also, at the time of KIRO-TV's initial investigation into Midway Meats, there was a legislative proposal in Olympia to ban the slaughter of downer cattle.

The beef industry feared our exposure of the issue might help the new law pass so, according to the memo, it created an attack campaign against KIRO-TV.

From Blair Thompson; To Dairy Commissioners:
"I have discussed with Jay Gordon (a dairy industry lobbyist) his needs ... he has told me that he does not need an on-air retraction of the stories (our initial goal) to achieve his objective in Olympia. A signed letter on KIRO letterhead repudiating the stories would be sufficient."

That's something the Dairy and Beef Commissions never got. Now, instead, they are answering hard questions about their tactics to protect the beef industry, despite the risks to the public.

State offices were closed Monday, but we tried to reach both Blair Thompson of the Dairy Commission and Patti Brumbach of the Beef Commission at home. No answer.