{"id":774068,"date":"2023-11-03T08:37:52","date_gmt":"2023-11-03T12:37:52","guid":{"rendered":"http:\/\/animalrightswatch.us\/?p=774068"},"modified":"2023-11-03T08:57:45","modified_gmt":"2023-11-03T12:57:45","slug":"a-declaration-of-war-animal-rights-activist-found-guilty-of-felony-and-jailed-for-rescuing-injured-farmed-animals","status":"publish","type":"post","link":"http:\/\/animalrightswatch.us\/?p=774068","title":{"rendered":"A DECLARATION OF WAR: Animal rights activist found guilty, jailed with no bail for rescuing injured farmed animals"},"content":{"rendered":"\t
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Wayne Hsiung, who represented himself, was prohibited from showing the jury photo and video evidence of animal cruelty and unable to speak to the news media before or during the trial under a gag order issued by the judge in violation of his First Amendment rights.<\/p>\n\t\t<\/div>\n\t\t\t<\/blockquote>\n\n

CRESCENZO VELLUCCI:<\/strong> Attorney Wayne Hsiung was found guilty Thursday by a jury here in Santa Rosa County Superior Court after a two-month trial \u2013 including six days of jury deliberation \u2013 of felony conspiracy and misdemeanor trespass charges linked to nonviolent mass \u201copen rescues\u201d of injured animals at Sunrise (chicken) Farms in Petaluma, Sonoma County May 29, 2018.<\/em><\/p>\n

Hsiung, representing himself at trial, was immediately cuffed and taken to jail to await a sentencing hearing at the end of November, according to a statement by supporters. The court did not grant Hsiung bail until his sentencing.<\/em><\/p>\n

The jury hung on similar charges related to an open rescue at a 2019 protest at another Sonoma County facility, the Reichardt Duck Farm.<\/em><\/p>\n

Earlier in the week, the jury told the court it could not come to decision on three of the four original counts against Hsiung, but the judge sent the jury back to try once again, and Thursday it came back with guilty verdicts…<\/em><\/p>\n

Much of Hsiung\u2019s planned defense was thwarted by the judge, according to court documents, including Hsiung\u2019s attempted use of key defenses, including the right to trespass under CA Penal Code 597e, an animal cruelty statute, and the defense of necessity, the committing of a potential crime to prevent cruelty to animals.<\/em><\/p>\n

The jury never heard these defenses after Judge Passaglia prohibited Hsiung from arguing either defense before the jury, and \u201conly permitted him to discuss 597e in the context of a mistake of law\u2019\u201d defense, pursuant to which Hsiung argued that he had a good faith belief that his actions were legal,\u201d said DxE.<\/em><\/p>\n

The defense called 12 witnesses in addition to Hsiung\u2019s testimony, including others who participated in the rescues, Hasting\u2019s law professor Hadar Aviram, and veterinarian Dr. Sherstin Rosenberg.<\/em><\/p>\n

\u201cEvery witness who participated in the actions testified about their good faith belief in the legal right to enter private property to aid animals, based on legal opinions they reviewed from Professor Hadar Aviram or former federal prosecutor Bonnie Klapper,\u201d explained DxE.<\/em><\/p>\n

Hsiung, who represented himself, was also unable to speak to the news media before or during the trial under a gag order issued by the judge even after the ACLU urged her to not violate Hsiung\u2019s First Amendment rights.<\/em><\/p>\n

Supporters also said the judge erred by prohibiting the defense from \u201cshowing the jury photo and video evidence of animal cruelty that disproved these testimonies, except on a few limited occasions for direct impeachment.\u201d<\/em><\/p>\n

The defense noted, \u201cMichael Weber, co-owner of Sunrise, testified, \u2018There were no sick and injured animals on the ranch in any of the buildings\u2019 on May 29, 2018. He likened the chances of finding a sick or injured chicken at the facility to the chances of finding a polar bear there.<\/em><\/p>\n

\u201cHowever, Hsiung presented a video taken 11 days prior to the action showing a hen with an eye tumor, struggling to walk or reach food, which resulted from overcrowding-induced pecking at the facility. Weber also described the chickens\u2019 environment as \u2018stress-free\u2019 and \u2018humane,\u2019 but during cross-examination, he admitted that birds regularly cannibalize each other due to stress and disease.\u201d<\/em><\/p>\n

DxE said after the verdict, \u201cBy appealing the guilty verdict, Hsiung has the chance to establish case law in the appellate court\u2026(to) not only vindicate his actions but also provide a stronger legal foundation for the defense of animals in future cases.\u201d<\/em><\/p>\n

\u201cWhile this verdict presents a short-term challenge, it also marks a critical step on the journey to strengthen legal rights for animals,\u201d says DxE lead organizer and former defendant, Almira Tanner.<\/em><\/p>\n

DxE said the \u201cmass open rescue at Sunrise Farms was prompted by investigations that occurred in 2016 through 2018, which found that despite Proposition 2 banning intensive confinement of animals on factory farms, Sunrise was confining tens of thousands of birds in towering 15-foot tall rows of tightly packed cages, inside of which many birds were sick, dying, and dead.\u201d<\/em><\/p>\n

DxE maintains, \u201cInvestigators also found violations of California\u2019s animal cruelty statute, Penal Code 597, including injured birds who were unable to access food or water. On the day of the Sunrise action in May 2018, (a police officer) promised Hsiung that they could walk through the farm together to provide aid and remove any sick or injured birds. However, no inspection ever occurred, and body camera footage shown in court depicted the officers admitting to merely \u201cchecking a box\u201d instead of taking the activists\u2019 animal cruelty concerns seriously.\u201d SOURCE…<\/strong><\/a><\/em><\/p>\n

STATEMENT FROM WAYNE HSIUNG AFTER GUILTY VERDICT:<\/strong><\/em><\/p>\n

I am in jail. And I’m grateful.<\/em><\/p>\n

I want to thank the court, the prosecutor, the jury, and everyone in this case \u2014 including the farm owners \u2014 for their words and efforts over the last two months. I have believed for the last 20 years that it is crucial for us to discuss the issues we discussed in a court of law. And you gave me, and the animals I represent, a chance to do that. I have immense gratitude for that.<\/em><\/p>\n

I want to also apologize for any word that caused offense, any failures on my part to live up to the high standards of nonviolence (in both my actions and my heart), and in any disruption or disturbance that resulted from the things I\u2019ve done. In this courtroom or beyond.<\/em><\/p>\n

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