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Update (2/22/13): We would like to encourage
readers to take 1 day out of their busy schedules to show your support for A flyer can be downloaded here, courtesy offoodfreedomusa.org, printed out and shared with your friends, posted around town, or plastered on the university bulletin boards. Get active and raise awareness to the plight of this peaceful farmer who never injured anyone. Get started waking up people in your neighborhood with this flyer and the article below which provides details of Vernon's case and other updates about the legal proceedings.
Update: We have just learned through Right to Choose Healthy Food that the Vernon Hershberger's trial has been postponed yet again, this time until May 20, 2013. The full press release from the
A trial on charges related to the sale
of raw milk against Loganville farmer Vernon
During a telephone conversation with
the News Republic
'Because of my religious beliefs, I do
not believe in taking anyone to court,' Hershberger said. 'The only option I
had was to disregard the holding order placed on me and allow the members to
come and get their food.'
Hershberger said his attorney was
allowed to file the motion and prosecutors in the case requested additional
time to consider their response. Sauk County Circuit Court Judge Guy Reynolds
accepted the request and agreed to push back the trial, which had been
scheduled to begin Jan. 7.
Prosecutors representing the Wisconsin
Department of Justice could not be reached for comment Saturday.
The delay is the second time the trial
has been postponed. The case previously was pushed back following a hearing in
August.
Original article with background details can be found below....
A little more than a week ago we covered the ongoing battle of
While in jail, he signed an agreement to comply with a ban on distribution and posted a $500 bond to gain his release. However, after further thought,
In March, people flew in from all over the country to attend a support rally prior to Hershberger's first court appearance. A full-length documentary, Let Them Eat Grass (trailer below) will soon be released that will give full documentation to Hershberger's plight, as well as highlighting the activism which has perhaps aided in his trial being repeatedly postponed.
We are happy to report a new development in this case.
A rally had been announced ahead of
According to a letter sent by the Hershbergers:
Members and Friends,
First a very big Thank You to you all
for your prayers and all the other means of support that have been rendered on
our behalf! We appreciate it very much! Sometimes the load gets to be pretty
heavy. It sure was good to see the work that the Lord did today in the way
things worked out. We trust that he has a special plan for letting this all
happen in this way!
Yes! The trial has been postponed ...
at least 4 months but maybe longer than that. This is all due to the wonderful
Attorney that we have and her quick wit, with which she handled the proceedings
today. The State proposed to kick out all professional witnesses from
testifying at trial due to this being a case about license and not about raw
milk. They had persuaded the Judge to do it their way when Elizabeth Administrative
Court
We are hoping this will give everyone a
chance to enjoy their Holidays in a more relaxed way and spend more time with
family and friends.
David Gumpert, writing for The Complete
Patient adds that the complexities on both sides were raised on issues such as
"jury nullification, legal intent, attempts to block witnesses from
testifying, differences in how to define 'consumers', the extent of DATCP's
authority, and any number of other issues ... and this all before the trial
began."
The latest hearing, as alluded to in Vernon's note above, was one surrounding the foundational First Amendment right to freedom of religious belief and exercise thereof. Gumpert provides additional context:
The judge asked the prosecutors whether
Hershberger had had an opportunity to challenge the findings earlier. A
prosecutor said the Summary Special Order included a recitation of appeal
rights -- Hershberger could have filed an administrative appeal of the Order,
but he did not. Based on that, the judge ruled that Beals' testimony could not
come in.
Rich said that, to the extent the
judge's ruling was based on Hershberger 's failure to file the administrative
appeal of the orders, it violated his First Amendment rights, because he has a
sincerely held religious belief that prevents him from being the aggressor in
any legal proceedings.
( . . . )
Hershberger's religious beliefs stem
from his upbringing in an Amish community. The Amish generally avoid taking
legal action, and even in some cases from hiring lawyers to defend themselves
when they are prosecuted.
We will continue to keep you posted
about new developments in the Vernon
As we head through the holiday season, let us not forget to share the good news of the many victories, even amid the vigorous move by state bureaucracy to shut down natural health and consumer choice. Here are 7 Victories for Raw MilkFreedom Advocates. And here is a link that was added to David Gumpert's piece above that cites a recent victory in
Please add your own links of victory in the comment section below that we can share with others and help maintain momentum in the food freedom revolution.
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