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

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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. 

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.

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