Hershberger Raw Milk Motion Hearing Update

               The hearing on whether or not the State of Wisconsin violated Vernon Hershberger's First Amendment Rights when charged with illegally selling raw milk in Wisconsin was continued and the decision delayed after the state was forced to scramble and was found unprepared in Hersberger's motion hearing.

               Hershberger and his supporters gathered in the Sauk County Courthouse Monday to try to have charges dropped before his scheduled trial in May.

               "WOW!! There were over a hundred members and supporters who drove 

through the blizzard conditions to stand with us in the Courtroom today!" Hershberger told his supporters by email after the hearing.  "That was a phenomenal turnout considering the weather conditions. Thank you very much to whoever braved the snow and the wind to be there! And also a great Thank you to all the people who were supporting us in many different ways, like donations, prayers, etc. We appreciate it very much!"

               The true question was whether Hershberger could actually get a fair trial in a state controlled by powerful dairy lobby.

               "The Lawyers and I thought it went very well today," Hershberger said. "The Judge was great! I especially liked when he called for a 10-minute break and asked us for Scripture references for what we are bringing up. It was probably the very first Bible study ever to be held in a Sauk County courtroom! I was very glad to have some assistance from Att. Amy Solberg, my dad, and a few other members and friends that happened to be there.

               "The Judge did not make a ruling today on any issue but wants some clarification on the conclusive argument of whether the initial holding order was subject to appeal according to the Statutes. Each side will be able to file a Brief explaining their view of the Statutes. We scheduled a teleconference hearing for the Judge to give an oral ruling on the issue on April 22."

               Nancy Liberty Jaques, a Hersberger supporter, wrote after the hearing, "It seems Vernon's counsel needed to instruct the State that they had some major flaws in their argument," she said. "The judge asked for more briefs. An amazing performance by Vernon's team. They argued over which order was in question regarding Vernon's defense. The State points to the first order (Jackie Owen's 14-day injunction of June 2nd). But Vernon's counsel argues that that the second order (June 12 I believe) is the one under question. The first order does not allow appeals while the second one does. It was an obvious OOPS moment for the State who scrambled to attempt to read the law to the judge but couldn't make a clear case in light of Vernon's attorney who pointed to a specific statute. That SHOULD have settled it. But the judge and the state are intertwined, that much is obvious. And so the circus continues."

               This will not sway Hershberger supporters who await the outcome on the charges Hershberger continued to sell raw milk after the state raided his property in 2010. See the below post for more details on the charges.

               The final pre-trial hearing is set for 1:30 p.m. on May 7. The trial is set for May 20-24.