Thread: Hershberger Trial: List of Things You Can't Say and Wear Gets Bigger

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Friday, May 24, 2013

Hershberger Trial: List of Things You Can't Say and Wear Gets Bigger



Heather Callaghan
Activist Post

Hopefully, you already know what's going down in Baraboo, Wisconsin. It's one of the biggest, precedent-setting food freedom cases in history that's got even conventional dairy industries watching. Raw milk is the smallest part of this trial - Vernon is fighting for you and he didn't have to. A large, mostly eclectic group has been gathering since Monday and a verdict is expected Friday.

The judge, Guy Reynolds, is essentially directing the jury how to vote and what they are allowed to hear....The whole case hinges on these words that are banned.

Vernon Hershberger is facing over two years prison time and $10,000 in fines for four criminal misdemeanor charges aimed at him for providing fresh food to his community through members in agreement. Some background here. Prosecution from the State is having a hard time proving that Vernon is running a "retail establishment". He's not, unless you consider horse boarding, co-ops and Craigslist storefronts with retail transactions requiring business licenses to use. Government would love to eradicate "herd share" type agreements and so it's no surprise that there is NO discussion of herd share memberships allowed in the courtroom - see how they are keeping the jury in the dark below.

Watch live video from farmfoodfreedom on www.justin.tv

Let it be known that the jury has been frequently shoo-ed from the room anytime the judge felt that something truthful was about to be uttered on the stand. I bet they wondered what they were missing and why they weren't allowed to hear it.

List of things struck from the trial - this stems from the judge's agreement with prosecution before the trial began. He has sided with the State every step of the way:

• Defense is not allowed to talk of defendant's personal liberty - no talk of liberty allowed
• The words “raw milk” are not allowed to be spoken during the trial.
• No talk about safety or health reasons - this made it impossible for witnesses to talk about why they went to his farm.
• According to Josh Tolley, talk of "natural foods" was not allowed.
• No talk of whether there was criminal intent in not obtaining a license - Note: shouldn't that right there be cause for jury nullification? Can't talk about criminal intent - then where is the crime? Also, you can't obtain a license for fresh food or memberships in Wisconsin!
• Photos from the farm were argued against and called "irrelevant."
• No discussion of why his farm was initially raided in 2010.
• No talk of herd shares or memberships - how did the witnesses discuss? Very carefully, see below
• A woman wearing a "Got Initiative?" shirt was told to remove it before entering because it hinted at a reference. A picture of her appears on one of the Facebook updates I'm watching.
• Mark McAffe was ordered to cover his shirt because it said: "get raw milk."
• A teenager wearing a "Raw Milk Me" button was asked to remove it before entering.

This courtroom conversation came from the court room on Thursday from David Gumpert's status update. See how the witness must mince his words following the guidelines above:

Defense testimony from one of Vernon Hershberger's buying club members since 2004, Joseph Plasterer, as to how he came to seek out farm's food.

Plasterer: We were looking for some natural milk sources, in early 2004.

Defense lawyer: Did you come and meet the Hershbergers?

Plasterer: Yes. We asked if we could be part of the farm…

Defense: Did you have a reason?

Plasterer: My son was not thriving…"

Prosecution: Objection!

Judge Guy Reynolds: Sustained

Plasterer: We wanted access to unproc food that was higher qual that would not be available from the stores.

Prosecution: Objection!

Judge Reynolds: Sustained. Strike the answer. The jury is to ignore that.

Okay, so what cat left the bag during the trial?

Inspector Jackie Owens admitted on the stand that it is not illegal to have a farm, grow your own and consume those goods. That did not stop her from barging in while Vernon was away, without a warrant, to do a sneak-attack inspection that led to destruction of his food. One investigator admitted that she knew they were destroying his family's personal food stores, but did it anyway.

It is also clear what ignorance the state and paid agents have about farming and dairy. In some cases, agents have asked: "On what days do you milk your cows?" One court official (possibly the judge) did not know what kefir was and then it couldn't be discussed.

Live update from Derrick J Freeman:

State: Nobody forced you to work on the farm? Kissero: I'm a part owner. It's my job.S: I move to strike from record. Kissero rolls eyes. — Derrick J. Freeman (@derrickjfreeman) May 24, 2013

No matter what, Vernon is painted as a lawbreaker - that's the message they want to drive home to the jury. If there was ever a time we needed jury nullification and informed jurors - it's now.

This is far from over, regardless of the verdict and it's not about raw milk - it's a coordinated, deliberate act of warlike aggression to keep you in control, and unhealthy. First they came for the raw milk drinkers...

David Gumpert (Raw Milk Revolution), Mark Baker of Baker's Green Acres, Liz Reitzig, Alvin Schlangen (another farmer facing persecution), Michael Badnarik, Mark McAffe, Eusatce Conway, Derrick J, Weston A. Price Foundation leaders and many more are out there lending their support.

Popeye from FederalJack.com and I had an exciting discussion and we even had a surprise call in from food freedom warrior Liz Reitzig at Baraboo. Listen HERE.

Vernon told Liz to tell us that you can support him best by supporting your local farm and co-op.

Also listen to Josh Tolley's archive from this morning and hear Vernon's dad and others at the Ringling theater across from the courtroom.

Get live Tweeted updates from the courtroom from Derrick J Freeman of PeaceNewsNow.com

Donate on Vernon's behalf at Farm-to-Consumer Legal Defense Fund and Vernonhershberger.com - All proceeds go to help him.

For those in the area, there are still events planned today:

LOCATION: Baraboo Court House, 515 Oak St, Baraboo, WI 53913

Facebook Event

Additional Sources:
Updates from - Liz Reitzig, Weston A. Price, Farm Food Freedom Coalition, David Gumpert at The Complete Patient

Related:
Farmer Faces Over 2 Years Jail, $10K Fines for Feeding Community
Pre-Trial Hearing Begins For Farmer Targeted by Raw Milk Police; Legal Concerns Begin to Mount
Last Year's Rally & Hearings for Vernon Hershberger with Footage of Inspections

Read Other Articles by Heather Callaghan

http://www.activistpost.com/2013/05/...hings-you.html

Saturday, May 25, 2013


Hershberger Verdict In After Judge Orders Jury NOT to Vote With Conscience


Heather Callaghan
Activist Post

Into the wee hours of last night, after about 16 hours of deliberating, the Baraboo, Wisconsin court decided not to wait until Tuesday for a verdict.

Four criminal misdemeanor charges are aimed at Vernon Hershberger for providing fresh food to his community through a contractual agreement with members. Paraphrased by Derrick J Freeman the "crimes" include:

1. distributing milk from his “Grazin’ Acres” dairy farm without a milk producer’s license,
2. operating a retail food establishment without a state license,
3. operating a dairy plant without a state license, and
4. violating a “hold order” placed on his dairy products after the state raided his farm.

Prosecution (State) tried to drive home the twisted view that Vernon's family and barn was a "retail operation," instead of the membership agreement where the members (who are owners) thereof put in a lot of the hard work there, like a co-op. Also, there have never been complaints. The 2010 armed raid was initiated by the Department of Agriculture, Trade and Consumer Protection (DATCP).


Along with the growing list of words that shall not be named during the trial, including liberty, Judge Guy Reynolds had shoo-ed the jury out of the room frequently. Witnesses had a difficult time mincing words, almost having to mince the truth in order to testify because they couldn't freely discuss membership details, or why they chose Vernon's food. Jury members were often left in the dark and coached to only look at LAW.

Again, there is no other way to provide farm fresh foods in Wisconsin - so of course, no matter what, he is a law breaker. They are charging him in part for not having licenses and calling it retail. There is no such thing as a raw milk license in Wisconsin and so how could he ever operate this Grade A facility that they want to smear? The State argued that some license was available for $265 and why didn't he "just get it" and pay the price?
In the last arguments, Defense told the jury they could vote by conscience and to send Vernon back to his family as a free man. Defense gave the jury a crash course in abuse of government authority "which led to creation of jury system: 'Conscience of the community.'" They referenced Orwell's "Newspeak" for the lack of logic: 3 years of battle and all the State really could argue was a farmer "filing the wrong paperwork." And Prosecution had 1,000 pages of data but did not interview one member. Defense called that a "Sad use of power & pathetic waste" and compared the trial to Prohibition.

The judge looked at the jury and around 7 pm said: "(you) must base your verdict on the law I give you." So the judge thinks he gives the law. Can't even put into words what an assassination of justice it is that a judge would even say that. Later the judge read "instruction NOT to be swayed by conscience." Prosecution echoed Reynolds, probably fearing how they looked, and told the jury it is not about whether Vernon is a good man or not . . . also accusing Defense of mis-characterization of crimes saying: "The words that matter here are the instructions on the law. Law comes from judge." (Source)

VERDICT: NOT guilty on first three counts;

GUILTY on last count of violating holding order.

That last count held the maximum penalty which now includes one year in jail and $10,000 in fines.

This was a completely uphill battle for three years with a judge, State, and agents clearly going after him with bias - even obfuscating truth to the jury. Food freedom advocates, including Vernon and his family, are hailing it as a victory. On three counts, the jury voted by conscience and it sets a precedent dealing with license requirements versus membership agreements.

Do you wonder why Vernon cut the tape and continued distributing foods after the State destroyed them (including his family's personal food) and closed his pantry? First he went to jail on $500 bail and had to sign an agreement to stop. He obeyed. Then he thought about it and prayed. Something was impressed upon him that it would be wrong, and worse, to stop feeding his neighbors. So he acted on conscience and continued distributing - plus his family was only left with a two-day's supply of food and they were probably hungry!

Everything happens for a reason.

Reporting from David Gumpert:

Hershberger holding order guilt irony: if he hadn't violated order, wouldn't have gotten criminal trial & jury that acquitted on licensing.

During that armed raid, agents stole his computer and personal files, but of course there is no punishment for that and no recompense. The judge declared that the armed raid and seizure of property is NOT of use of force. It's incredible that anything positive came from this kangaroo court case. It's upsetting to think they might extract jail time and exorbitant fines for daring to disobey a detrimental holding order.

As more details emerge, including potential jail sentence, we will share accordingly.

Popeye from FederalJack.com and I had an exciting discussion and we even had a surprise call in from food freedom warrior Liz Reitzig at Baraboo. Listen HERE.

Also listen to Josh Tolley's archive and hear Vernon's dad and others at the Ringling theater across from the courtroom.

Special thanks to Derrick J Freeman's live Tweeted updates
Donate on Vernon's behalf at Farm-to-Consumer Legal Defense Fund and Vernonhershberger.com - All proceeds go to help him.

Vernon told Liz to tell us that you can support farm and food freedom best by supporting your local farm and co-op. That is also what today's March Against Monsanto is trying to inspire.

Additional Sources:
Updates from - Liz Reitzig, Weston A. Price, Farm Food Freedom Coalition, PeaceNewsNow, David Gumpert at The Complete Patient

Background stories from most recent to earliest:

• Hershberger Trial: List of Things You Can't Say and Wear Gets Bigger
• Breaking: No Mention of "Liberty" Allowed During Hershberger Raw Milk Trial
• Farmer Faces Over 2 Years Jail, $10K Fines for Feeding Community
• Pre-Trial Hearing Begins For Farmer Targeted by Raw Milk Police; Legal Concerns Begin to Mount
• Last Year's Rally & Hearings for Vernon Hershberger with Footage of Inspections

Read Other Articles by Heather Callaghan

http://www.activistpost.com/2013/05/...ter-judge.html