At the time this post is being published, the jury has not returned a verdict on any of the four counts Vernon faces. Agents of the State have charged Amish Raw Milk Dairy Farmer Vernon Hershberger with the following “criminal” charges:
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.
Today Irma and Vernon Hershberger took the stand, as well as other member/owners. The tension inside the courtroom was palpable. The audience benches were filled to capacity. Below are my live-tweets from inside the courtroom:
#VernonHershberger #Trial Day 4 begins. Court filled 60%. Judge requires redacted G.A. Membership Agreement photocopied to obscure language.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Word “Liberty” forbidden from being spoken. Defense calls Jenny DiLenay. Member/owner of Grazin Acres since 2005. #VernonHershberger #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
DiLenay says she 1st met Vernon in his kitchen. Pantry/store didn’t change operation, just location. Prices suggested. Chores = compensation
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
DiLenay says Grazin Acres owners hang out outside of farm & do things unrelated to farm work. “It’s a community.” #RawMilk #Farmer #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Cross-examination begins. Prosecution alleges DiLenay has been listening to trial across on livestream at justin.tv/farmfoodfreedom #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Prosecutor badgers DiLenay. Argues that Grazin Acres is not a farm but a business. Asks witness to spell the word “farm.” Jury not impressed
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Furrowed brows & piercing glares. Woman on jury shaking head at prosecutor. DiLenay’s face visibly shaken by verbal abuse by the #State
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Brief recess after Delonay’s testimony. 1 juror wears “Wisconsin” shirt w/ cow on it. Defense calls Joseph Klein, physician. #RawMilk #trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Furrowed brows & piercing glares. Woman on jury shaking head at prosecutor. DiLenay’s face visibly shaken by verbal abuse by the #State
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Brief recess after Delonay’s testimony. 1 juror wears “Wisconsin” shirt w/ cow on it. Defense calls Joseph Klein, physician. #RawMilk #trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Correction to earlier tweet: Today is Day 5 of #VernonHershberger #RawMilk #Trial – Watch Live at justin.tv/farmfoodfreedom
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense calls Mary Smith, former professor, computer programmer, Grazin Acres member/owner since 2004 on recommendation of nutritionist.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Mary Smith explains process of returning & cleaning jars. Despite restrictions on words, describes: “uncontaminated, down-to-earth, healthy”
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Cross-examination of Mary Smith begins. Questions regard labeling, prices, chores, compensation, terms & conditions of member’s agreement.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
After 10 min recess, Defense calls Karen Kissero (sp?): Grazin Acres member/owner. Channel 3 present & filming #VernonHershberger #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Witness describes various chores on farm. Her personal understanding of member agreement she signed cannot be spoken. Stricken from record.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Flustered Prosecutor accuses Defense of mis-statement. Judge tells State to relax. State cross-examines Kissero: questions chore requirement
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
State: You weren’t expecting to get the products from the farm for free?Kissero: Do you expect anything for free?St8: I can’t answer that.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
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
Defense calls Bill Patten, carpenter, Grazin Acres member/owner. Attracted to #VernonHershberger farm bc of “nature & condition of milk”
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense asks Patten point blank: Is it a “store” or “pantry”? Prefers term “pantry” bc he doesn’t consider it a business relationship.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: Ever worked for retail store in exchange for food?Patten: I worked a Dairy Queen–Drank a lot of root beer that summer. (Laughter)
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Trial resumes after 1 hr lunch break. Court at full capacity. Watch Live justin.tv/farmfoodfreedom #VernonHershberger #RawMilk #Trial #Liberty
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
B4 Jury returns, Judge redacts several paragraphs from the Members Agreement explaining relationship among owners: “Confusing & misleading”
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense calls Aajnis Vonderplanetz, nutrition author & lecturer. Formed “Right to Choose Healthy Food” #VernonHershberger #RawMilk #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Witness fearlessly speaks the truth despite constant objections by #State. Disobeys rules of court by talking like a human being. #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#State cross-examines witness. Points out error in document: PA, not WI. Witness boldly clarifies agreement w/o question. St8 cannot silence
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense calls Irma, mom of 10 & spouse of #VernonHershberger . Says she relies on help of members to run the farm. Calls food room “pantry.”
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Irma: “What happened to the money? We usually…spent it.” (Laughter)Watch live justin.tv/farmfoodfreedom #VernonHershberger #RawMilk #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Irma says ppl need to sign a contract to take food from pantry. Recalls armed police raiding home. Tried to protect food 4 family. #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: “Mrs Hershberger, who did the food belong to?”State: “Objection! Calls for legal conclusion.” (Sustained!) #Govt #Thugs #Theft
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense asks Irma what explanation was given for #State pouring food dye into her #RawMilk . Judge interjects, clears jury & forbids truth.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: “Mrs Hershberger, who did the food belong to?”State: “Objection! Calls for legal conclusion.” (Sustained!) #Govt #Thugs #Theft
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense asks Irma what explanation was given for #State pouring food dye into her #RawMilk . Judge interjects, clears jury & forbids truth.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Trial resumes. Irma confirms that an explanation was given, but is forbidden by judge to say what that explanation was. Ends. No cross-exam.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense calls #VernonHershberger . Is nervous: “It’s been a long 3 years.” Aims to “farm as God intended.” Explains partnerships. #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Video/Photos shown. Areal view of farm. Vernon plowing w/ horses. Cows grazing on grassy hills. Chickens feeding. Family portrait. #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Video shown of family consuming unpasteurized milk, cheese, yogurt, kefir, butter, etc from farm. Says he & members own products in pantry.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
More videos shown of #VernonHershberger making dairy products. Notably sanitary. Plays like a commercial. Making me hungry for some #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Vernon: Purpose of label is for members to know how much $ is needed to keep farm sustainable. Explains to jury he learned this as a boy.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Vernon says that some members paid more than suggested price. Others paid nothing. Inspiration is love/caring. ex: single mom w/ 5 children
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Vernon: Working on farm optional. Of 200 families, only 25 participated. Says he would not be able to sustain farm or prices w/o their help.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Vernon explains why he formed an LLC for Grazin Acres. Looks directly at jury. Judge strikes answer from record as violation of “order.”
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#State removes jury again. #State argues that Vernon’s private contract does not transfer ownership of LLC from Vernon to members. #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: Weary of sending out the jury. Probably not going to finish today. Frustrated by constant delays by #State . #VernonHershberger
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Channel 3 camera operator struggles to keep up with fervent arguments by Defense & Prosecution. #State accuses Defense of misleading jury.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: It’s a little late to take up an argument about corporate law. if that’s the case, then send the jury home, & call a mistrial.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: “To instruct the jury that the Members Agreement is hogwash is to prevent Mr Hershberger from presenting a defense.” #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Lawyers being lawyers. Furious argumentation, nothing resolved. #Truth obfuscated by #State . Watch the madness ensue justin.tv/farmfoodfreedom
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: “Let Mr Hershberger present his case. I know the state doesn’t like it. We will try this case again, Judge.” #RawMilk #Food #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Jury returns. Down to final hours. #State objects within first minute of argumentation. Defense questions relationship among members & farm.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#VernonHershberger explains Members Agreement = little more than handshake agreement for acquiring food from farm. #State objects on reflex.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Vernon: From my understanding, the hold order meant the milk couldn’t be distributed. Judge calls ANOTHER recess. Courtroom tense. #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: #State arguing ownership of milk is a legal conclusion. If so, we can’t have trial on anything bc everything is a legal conclusion!
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Jury returns. Trial resumes. #VernonHersheberger felt he had no choice when #State ruined 2300 lbs of #RawMilk #Govt #Thugs #Violence #Force
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#VernonHershberger hanging in like a trooper, visibly hurt. Quavery voice recalls conversation during raid. #RawMilk #Govt #Raid #Farm
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Bailiff w/ gun & taser steals cell phone from old man in audience. Suspected of taking picture of trial. #GodForbid #PublicTrial #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Vernon was never reimbursed for the computer #State stole during #raid . Was given no copies of documents they stole nor originals returned.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Defense: A lot of work for little pay…Vernon: It’s not that we want to get rich or anything. It’s just how we want to raise our family.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Cross-examination of #VernonHershberger by #State . Jury & Audience visibly confused by line of questioning re: receipts #RawMilk #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#State asks about products Vernon offers that don’t come from farm. Accusing poor farmer of being ruthless businessman. #Govt #Thug #Fail
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#State ends cross-exam. Vernon says the products he sells are extras from personalfamily use or come from farm members. #RawMilk #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#State begins re-cross exam. Focuses on details of receipts: Is $10 “misc dairy” for cream or membership fee? #WhoCares? #GraspingAtStraws
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
#VernonHershberger steps down. Defense rests. Jury leaves. Judge calls 10 min recess & asks Attys if they want deliberation today. They do.
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Judge returns. Jury eating. Instruction begins 6pm. Each side has 1 hr total for closing statements (opening, closing, rebuttal) #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Judge declares ARMED RAID & seizure of Vernon’s farm products is NOT use of force. #Govt #Thugs #Violence #Voluntaryism #RawMilk
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
6:50pm CST Judge & Jury return. Instructions given on juror’s duty. “Must base your verdict on the law I give you.” #JuryNullification
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Judge reads charges & explains elements of crime which must be proven beyond reasonable doubt by #State #VernonHershberger #RawMIlk #Trial
— Derrick J. Freeman (@derrickjfreeman) May 24, 2013
Has a verdict been rendered? What has happened since this last tweet?
May God Bless Mr. Hershberger and his family. Bless his heart! My wife and I hurt deeply for what the gov. is putting him thru!