Following publication of its initial series of stories regarding "downer" cows in late 2002, KIRO accepted an invitation from the Washington Dairy Products Commission and the Washington State Beef Commission (the "Commissions") to discuss their concerns about the stories. A meeting was held on March 27, 2003, at which KIRO invited the Commissions to specify the factual errors they claimed were in the stories.

DOWNER COWS INVESTIGATION Meat From Dying, Sick Or Diseased Cows Getting into Food Aired Oct. 31, 2002, 5 p.m. Volatile Reaction From Viewers, Feds, To Meat Investigation Aired Oct. 31, 2002, 11 p.m. Downer Cows' Treatment May Be Illegal Aired Nov. 1, 2002, 5 p.m. Downer Industry Thrives Despite Consumers' Concerns Aired Nov. 1, 2002, 11 p.m. New Revelations From Ex-State Ag Employee On Downer Cows Aired June 12, 2003, 5 p.m. State Agencies Help Fund Attack On Downer Cow Investigations Aired June 12, 2003, 11 p.m. Market For Downer Cow Beef Is Dying Aired June 13, 2003, 5 p.m.

Undisclosed to KIRO, the Commissions had already commenced preparation of a formal complaint to the Washington News Council ("WNC"), which was dated March 28, 2003. That complaint set forth many issues regarding alleged unfairness to the Commissions and the industries they represent. The WNC proclaims that it encourages parties to resolve problems on their own. KIRO did just that, asking the Commissions in an April 2003 letter to set forth the alleged factual inaccuracies, just as it had in the March 27 meeting. Those issues were set forth in an April 16 letter and attached memorandum.

KIRO sought additional information from the Commissions to address some of the complaints, and some of the suggested "implications" of the stories. The Commissions:

Refused to grant any interviews to KIRO;
Refused to respond to specific questions;
Delayed responding to KIRO's public records requests until late June 2003, at the earliest.

In short, KIRO has been denied information from these State agencies to respond to the purported errors in the stories. But KIRO can respond from the information it has gathered to date. KIRO will consider the various alleged "errors" in the Commission's April 15, 2003 memorandum to KIRO as follows:

Alleged Factual Misinformation.

The Commissions claim that KIRO's stories contain certain factual errors. The Commissions are incorrect. Most of the complaints from the Commissions stem from simply not listening to the broadcasts and deriving subjective "implications" or innuendo not contained in the broadcasts themselves.

1. "Unsafe and Unfit for Introduction into the Food Supply."

KIRO made no such allegation that downer cattle are unsafe and unfit for introduction into our food supply. Our lead story says: "The US Department of Agriculture labels downers 'high-risk or suspect', but under proper inspection allows their use for hamburger, soups, and hotdogs." KIRO journalists interviewed world renowned experts, who believe downer cow meat used as human food is an unnecessary risk. We also interviewed (and included in our series) several experts with countervailing viewpoints: those who think meat from downer cows is perfectly acceptable for consumption. The debate over the safety of this product is a matter of great controversy, which brings about strong opinions from both sides. Our viewers can only benefit from being exposed to this debate. The Commissions are asking KIRO to tell only their side of this story, or worse yet, asking KIRO to prevent opposing viewpoints from being heard.

2. "Consumers Stand at Increased Risk of E. coli."

KIRO has no opinion and makes no statement in its broadcasts about whether or not E-coli risks are greater in downer cows compared to cattle that walk into the slaughterhouse. The USDA has already determined downer cows pose a greater risk of introducing food borne illnesses into our food supply. Inspectors are required to conduct extensive testing and evaluation of these downers before they can be processed. By definition, these cattle have something wrong with them before they arrive at the slaughterhouse. Some scientific studies say downer cows pose a greater e-coli risk, some are inconclusive, some show risks are the same as e-coli contamination from healthy cows. KIRO will not ignore the fact that e-coli 0157, cows, and the lack of proper food inspections create a proven combination of serious public health risk.

3. "Cruel and Inhumane Animal Handling Practices."

KIRO received sworn affidavits, testimony, and conducted a series of interviews with experienced USDA veterinarians. They viewed our videotape, shot by our team of journalists, and determined several downer cows were either not properly stunned or not stunned at all. These experts worked as federal meat inspectors inside slaughterhouses and understand federal inspection procedure. Additionally, KIRO interviewed truck drivers, dairy farmers, and others who witnessed mistreatment of a downer cows. We trust our viewers can watch the videotape for themselves and decide whether the dairy cows were rendered completely insensitive to pain.

Five and a half months after our videotape aired, the Commissions have asked KIRO to consider State Veterinarian, Dr. Robert Mead, as an expert on the humane treatment of downer cows. Dr. Mead states that he does not believe our videotape showed inhumane treatment of cattle. Although we have respect for Dr. Mead's opinion (both as a veterinarian and a long-time civil servant), he has no experience as a USDA inspector. He admits that he does not know what procedures food safety inspectors must follow when it comes to downer cows. That said, KIRO contacted Dr. Mead and allowed him to review our videotape. He said, "You can't do a thorough evaluation of the Humane Slaughter Act through this type of video. You don't see everything." Other experts, with more experience working with downer cattle, had less trouble assessing the situation on the videotape shot by KIRO. We respect Dr. Mead's opposing viewpoint, but our viewers are not mislead or misinformed by the absence of his views.

4. "USDA Inspectors Were Not Present."

The Commissions first claim that KIRO "repeatedly alleged" that USDA inspectors were not present and then claimed that KIRO "suggested" that USDA inspectors were "looking the other way." KIRO demonstrates clearly in its series of stories that USDA inspectors were in fact present during most downer transactions we witnessed. We pointed them out to viewers on videotape. We do raise serious questions, however, about whether proper ante-mortem (prior to death) inspections were performed by USDA inspectors on all downer cows. The USDA compliance code requires inspectors to do more than simply be present.

Diseased cattle are not permitted to enter our food supply. Additionally, diseased cattle, per federal law, are not supposed to enter a USDA-inspected slaughterhouse. Former USDA vets and meat inspector trainers say our videotape clearly shows instances where downers cows were not properly, nor fully, inspected by USDA personnel. These experts raise legitimate concerns and questions about the inspectors' ability to prevent a diseased cow from entering that plant. KIRO believes these concerns are of great public interest.

Alleged Inappropriate Journalistic Practices.

The system for checks and balances for the KIRO investigative unit exceeds the highest standards in the industry. A team of seasoned, award-winning journalists researched every aspect of the downer cow controversy. We interviewed scores of scientists, slaughterhouse operators, former USDA Food Safety Inspectors, animal rights advocates, dairy farmers, and major beef buyers. We spoke with 68 sources, recorded several hours worth of videotape of downer cow transactions, conducted extensive surveillance, and included in our story a vast array of opinions and knowledgeable people on this subject. Written scripts were fact checked, peer reviewed, edited, and finally approved by management at KIRO. The end product is an example of a balanced and thought-provoking piece of investigative journalism.

1. "Stories Based Upon Sources who All Share the Same Viewpoint" and "Deliberately Create an Unbalanced Story to Mislead the Public."

Although the USDA would not respond to our repeated requests for comment, this series of reports carries an array of viewpoints. The Commissions complain that William Sexsmith, owner of Midway Meats, is not "trained" to represent the beef industry. That observation is both ludicrous and insulting. As a long-time operator of a multi-million dollar slaughterhouse, Mr. Sexsmith is fully capable of offering expert comment on matters affecting his business. His beliefs and opinions are valuable to this story and are given fair play.

The Commissions made similar complaints regarding a well-respected diary farmer, Richard Van Dam. KIRO centered one of its stories around the financial benefits downer cows provide ranchers. Mr. Van Dam was featured. The story dedicated a fair and balanced amount of airtime for him to voice his support of using downer cattle for food. KIRO sought interviews and comment from every side of this controversial issue. The Commissions may want KIRO to censor a growing number of critics of downer cattle, but we believe consumers have a right to hear the debate.

2. "Failing to Seek Comment from USDA"

KIRO journalists discussed every detail of its investigation with high-ranking United States Department of Agriculture officials. These discussions took place over a two-month period before the stories were broadcast to viewers. KIRO offered to show voluminous amounts of videotape to USDA inspection compliance agents and managers. The list includes: The Special Agent in Charge, USDA Office of the Inspector General in San Francisco; and the Acting Director of Inspection Compliance for Oregon/Washington. Public Relations officers in Washington DC squelched their efforts. At no time did KIRO put conditions on USDA meat inspection experts reviewing our videotape or having access to witnesses.

3. "KIRO Stories Endanger Public Health."

USDA officials told the Commissions that testing for Mad Cow Disease (bovine spongiform encephalopathy) has ceased in Washington because of KIRO's reports. The Commissions allege that, because of this, KIRO is "endangering public health". The opposite appears true. The kind of cattle (downer cows) that are most likely to carry any disease are no longer entering slaughterhouses in the state of Washington.

Conclusion.

KIRO stands by the content and journalistic practices employed in producing the downer cow series to date. The whole story has not been told. Viewers have inundated KIRO and enforcement officials with positive reactions, and calls for additional action. For KIRO, that means the publication of additional stories about downer cows. We hope that the Commissions and the USDA, as public agencies, will cooperate in our investigation as it moves forward. But it will move forward, regardless.