The much-anticipated verdict is in! JURY FINDS VERNON HERSHBERGER NOT GUILTY of 3 of 4 charges: NOT GUILTY of operating retail food establishment without license. NOT GUILTY of operating dairy farm as milk producer without license. NOT GUILTY of operating a dairy plant without license. GUILTY of violating holding order.
**** UPDATE **** 1:50am May 25, 2013
While everyone is glad that Vernon was found not guilty on the first three charges, the last one was the most serious (of potential penalties). At sentencing, he faces up to one year in jail and/or a fine of up to $10,000 according to the Wisconsin DOJ website.
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Here are the live-tweets posted by DerrickJ’s twitter account prior to verdict.
Courtroom at full capacity. Jury instructions read by Judge assume morality of law & make no mention of #Nullification #State #Bias #Justice — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State begins closing arguments: “NOT about whether or not #VernonHershberger is a good person. You saw products with labels. Ice Cream…” — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State argues that #VernonHershberger should go to jail bc he sold ice cream, berries, & cheese. OooOooOOooOoh!! What a criminal!! #RawMIlk — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State presents document promoting Open House. Reads “Bring your friends & family!” — Is this supposed to make Grazin Acres look criminal? — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State reads mailer/advertisement. Jury appears moderately attentive. Prosecution arguing Vernon has been successful & should be punished. — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State arguing (slowly) Vernon “processed” dairy products by cooling them & violated holding order by “moving” them (even simply up & down). — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State finishes closing argument. Court allows for standing & stretching in place. Defense begins by thanking jury & gives credit 4 staying. — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense begins by talking about abuse of government authority which led to creation of jury system: “Conscience of the community.” #Winning — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense calls DTCAP schizophrenic & shameful: both helps & hurts farmers – Why would they go after a hero like Vernon who feeds neighbors? — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense references George Orwell’s 1984 “Newspeak – There’s no logic.” Spent 3 years, & all they’ve got is he filed the wrong paperwork. — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense references George Orwell’s 1984 “Newspeak – There’s no logic.” Spent 3 years, & all they’ve got is he filed the wrong paperwork. — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense holds 1000 pages of Prosecution up for jury. #State did not interview a single member! “Sad use of power & pathetic waste” #Winning — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Jury attentive. Defense calls #State inspectors “Milk Police” – “As close to prohibition as I have seen. No basis in logic.” #RawMilk #Trial — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense accuses #State of being presumptive & unwilling to dialogue. Emphasizes #Amish #Values – Sharing & Community. #RawMilk #Winning — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#VernonHershberger farms w/ horses, loves land, community, & healthy food. Defense: “To convict based on assumptions would be a shame.” — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense: “These are not consumers, but a private group associated w/ his farm. #State could come into our kitchens next.” #VernonHershberger — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Defense: Send a message to DTCAP (#State investigators) w/ your verdict. Shouldn’t criminalize pvt conduct that doesnt violate public safety — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
D: Would you go into a man’s refrigerator & put a hold on his food, leaving him 2 days supply, & not expect him to go in and take some food? — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
1 juror smiles, nods. 2 jurors cover mouths. Whole jury engrossed. “I suggest this hold order was an effort to put the squeeze on somebody.” — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
“Pantry” vs “store” another ridic attempt by #State to use “Newspeak” to criminalize an #Amish #farmer. “Blatant abuse of govt power.” — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State gets last word, but Defense asks jury to vote their conscience & send #VernonHershberger home to his family a free man. #RawMilk — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State rebuttal begins. Says “public” status of pantry is “obvious” & that Defense is asking Jury to ignore the law. #JuryNullification — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State: “Just get the license. It’s $265. That’s it. That’s what the law requires.” #Govt #Thuggery #Force #Compliance thru #Violence — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State accuses Defense of mischaracterization of crimes: “The words that matter here are the instructions on the law. Law comes from judge.” — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#State: “Just get a license. That’s what he should have done. He decided to move, sell, & distribute the product.” #State concludes #RawMilk — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Alternates 4 Jury chosen. Trial nearly over. Judge reads instruction NOT to be swayed by conscience. Jury excused. Audience waits 4 verdict. — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
#VernonHershberger & his family in prayer meeting while Jury deliberates. Courthouse is abuzz w/ #Amish children & nervous farmers #RawMilk — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Lawyers arguing w/ each other about re-exhibits that will go to the jury. Crowd eagerly awaits verdict. #VernonHershberger #RawMilk #Trial — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Courtroom is nearly full. 3 seats left. 10+ children deserve awards 4 being in court since 9am & being so well behaved! #RawMIlk #Trial — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Court in recess. Jury deliberating over evidence. Courtroom full of anxious supporters. This community loves & stands by its #RawMilk farmer — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Judge re-enters court. Court not yet in session. Judge asks how far away the lawyers are. Everyone wants to know: “Is the Jury ready???” — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Judge suggests to attorneys asking Jury whether they’d like to return Tuesday. Defense: Don’t ask them. #State defers to Judge. We will wait — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Midnight and no verdict yet. Vernon’s Dad Daniel brought Raw Milk for court audience. Bailiffs provide cups! Yum! twitter.com/derrickjfreema… — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Jury has requested 3 docs: Pre-2010 Member Agreement, Post-2010 Member Agreement, & Boarding Agreement. Judge just entered room. VERDICT NOW — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
WATCH VERNON’S VERDICT LIVE – Judge informs audience not to react. justin.tv/farmfoodfreedom #VernonHershberger #RawMilk #Trial #Verdict — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Silence befalls Sauk County Courthouse. Tension palpable. World watching via livestream. Judge: “Outbursts will not be tolerated.” #RawMilk — Derrick J. Freeman (@derrickjfreeman) May 25, 2013
Thanks for covering this story Derrick. I heard you on FTL. Keep up the good work.
Incredible that we should spend our money prosecuting a milk farmer for selling milk in the dairy state.
Thank YOU for covering this and getting the news out there