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The Inside Story of a “Juror Revolt” in Amish Raw Milk Trial
modernfarmer.com ^ | 06/13/2013 | David Gumpert

Posted on 06/15/2013 8:59:38 AM PDT by Rusty0604

As a result of her reading, she also became deeply troubled by what she now feels was the unnecessary withholding of relevant information from the jury—information that she says would likely have led the jury to acquit Hershberger of the single criminal count of which he was convicted. Hershberger faced a sentencing hearing Thursday at the Baraboo courthouse where he was tried, with a maximum penalty of a year in jail and a $10,000 fine.

The members of the Hershberger jury were only allowed by the judge to see a redacted version of the hold order issued to Hershberger during a search of his farm and store by state agriculture and public health authorities on June 2, 2010; blotted out were the causes for the hold order.

If they had been able to see the whole document, some members of the jury believe they would have acquitted on all four counts.

Bollfrass-Hopp decided to take matters in to her own hands: she wrote the state judge overseeing the case, Guy Reynolds, expressing her objection to the information blackout

(Excerpt) Read more at modernfarmer.com ...


TOPICS: Food
KEYWORDS: amish; amishmilk; rawmilk

1 posted on 06/15/2013 8:59:38 AM PDT by Rusty0604
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To: Rusty0604
Jury Nullification.
The system can't stop it!
2 posted on 06/15/2013 9:02:11 AM PDT by publius911 (Look for the Union label, then buy something else.)
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To: Rusty0604

When we want you to vote on a jury citizen, we will only allow you to hear what we want you to hear, and we will tell you what to think about it first.


3 posted on 06/15/2013 9:03:22 AM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: Rusty0604

and how much money did the government spend on this idiocy


4 posted on 06/15/2013 9:05:03 AM PDT by yldstrk (My heroes have always been cowboys)
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To: Rusty0604

Obama has been hard on small dairy farmers.

Lot’s of them have closed shop.


5 posted on 06/15/2013 9:06:43 AM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: publius911

Too late for this guy. The time for jury nullification is BEFORE conviction.


6 posted on 06/15/2013 9:07:22 AM PDT by Lancey Howard
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To: Rusty0604

Provide an honest jury with edited evidence and you get an unjust verdict.


7 posted on 06/15/2013 9:09:15 AM PDT by BinaryBoy (Socialism is slavery)
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To: publius911

I’ve had judges explicitly inform jury pools that they would NOT TOLERATE any “jury nullification nonsense” in THEIR courts on 2 of the last three times I was called.

On the third occasion Her Honor said that if you didn’t agree with a law, the proper course of action was to get the legislature to change it or to go the initiative process and have the voters change it.

No, they can’t stop it, but they surely can and do discourage it.

By the way, do you happen to know how long a judge can have you jailed on a contempt charge?...


8 posted on 06/15/2013 9:09:21 AM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: BinaryBoy
Provide an honest jury with edited evidence and you get an unjust verdict.

No, you get the verdict you'd decided will be just.

9 posted on 06/15/2013 9:10:34 AM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: publius911

They charge people with a crime that isn’t a crime or they don’t have enough evidence to prove it, and they always throw in an “obstruction of justice” or in this case “violating a holding order”. If the suspect is not found guilty of the main charges, they get them on the made up related charge. (Scooter Libby, Martha Stewart, etc.)


10 posted on 06/15/2013 9:14:54 AM PDT by Rusty0604
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To: yldstrk
and how much money did the government spend on this idiocy

What do they care, it was YOUR MONEY they spent.

11 posted on 06/15/2013 9:16:42 AM PDT by UCANSEE2 (The monsters are due on Maple Street)
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To: null and void

Wasn’t a woman locked up for over a year on a contempt charge because of a child custody issue?


12 posted on 06/15/2013 9:17:11 AM PDT by meatloaf
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To: BinaryBoy

Now.... where would our justice system be if we allowed jurors to hear the actual truth?


13 posted on 06/15/2013 9:18:47 AM PDT by UCANSEE2 (The monsters are due on Maple Street)
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To: null and void

Listen politely to the Judge and then do whatever the hell you feel is right.


14 posted on 06/15/2013 9:23:45 AM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: null and void

In my jurisdiction, it’s six months unless you have a continuing contempt in which case it’s basically indefinitely.


15 posted on 06/15/2013 9:25:00 AM PDT by MisterEd37 (TSA: You don't get on until we get off!)
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To: Rusty0604
What they didn’t know was that the reason for issuing the holding order was because of Hershberger’s failure to have retail and dairy permits the DATCP said were required — the very charges they acquitted him of.

What a surprise! It’s about TAXES!

Retail permits set you up to collect SALES TAXES.

Dairy permits set you up for inspections by the Department of health and make sure that you pay fees (taxes) for that service.

Government will come after you if you don’t pay your taxes.

They will REALLY come after you if they see you as somebody leading a group of people trying to escape taxes. This farmer fit in to that category.

16 posted on 06/15/2013 9:27:16 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Rusty0604; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; JPG; ..

Jury prevented from seeing all the evidence in Raw Milk Case: Wisconsin vs. the small farmer

FReep Mail me if you want to be on, or off, this Wisconsin interest ping list.


17 posted on 06/15/2013 9:35:07 AM PDT by afraidfortherepublic
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To: Rusty0604

FTA: Not only did Judge Reynolds mention the letter, he imposed a fine much smaller than the maximum: $1,000 plus $513 in court costs. And it wasn’t the only letter he received: Judge Reynolds said he received letters from three jurors in support of the farmer and that it was the first time in more than a dozen years on the bench that he had been contacted by jurors seeking leniency or acquittal for the man they had convicted.


18 posted on 06/15/2013 9:39:49 AM PDT by afraidfortherepublic
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To: Rusty0604

When someone tells you “All you need to know is...” the first thing you should do is find out what it is they don’t want you to know and why if you really want to know the truth of the matter.


19 posted on 06/15/2013 9:40:54 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: afraidfortherepublic

This needs to happen more often as a plan B. Plan A would be not allowing bogus charges and/or giving jurors all the facts.


20 posted on 06/15/2013 9:43:03 AM PDT by Rusty0604
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To: MisterEd37
In my jurisdiction, it’s six months unless you have a continuing contempt in which case it’s basically indefinitely.

Continuing contempt. Would that be as long as the guy who was tried remains acquitted?

21 posted on 06/15/2013 9:46:50 AM PDT by null and void (Republicans create the tools of opression, and the democrats gleefully use them!)
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To: Rusty0604
Related: http://beforeitsnews.com/alternative/2013/06/vernon-hershberger-sentence-and-fines-are-decided-2683478.html

Take away: $1,551 in fines and court costs, no jail, no probation.

22 posted on 06/15/2013 10:15:41 AM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: Rusty0604

Sounds like the Jury should find a Law firm that specializes in Title 18, section 241,242 Deprivation of Rights, against this Judge that wilfully and Knowingly deprived them of their Rights as Jurors to See Exculpatory Evidence. Bankrupt the scumbag Lawyer in Drag.


23 posted on 06/15/2013 10:32:05 AM PDT by eyeamok
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To: eyeamok
I like that idea.
24 posted on 06/15/2013 10:37:39 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Rusty0604
Raw milk! Yummy!


25 posted on 06/15/2013 10:42:29 AM PDT by Ruy Dias de Bivar (Sometimes you need 7+ more ammo. LOTS MORE.)
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To: piytar
Take away: $1,551 in fines and court costs, no jail, no probation.

Does he get to sell the milk again or have they destroyed his farm?

26 posted on 06/15/2013 10:48:12 AM PDT by raybbr (People who still support Obama are either a Marxist or a moron. No, they are both.)
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To: Ruy Dias de Bivar

You know how the redneck died drinking milk? The cow kicked him.


27 posted on 06/15/2013 11:03:22 AM PDT by Rusty0604
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To: Rusty0604

Must lay down the law with those unruly Amish, mustn’t one? Can’t have their way of doing things peacefully outlast this regime’s way, can we?


28 posted on 06/15/2013 4:43:50 PM PDT by OldNewYork (Biden '13. Impeach now.)
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