{"id":452,"date":"2021-12-07T18:36:07","date_gmt":"2021-12-07T22:36:07","guid":{"rendered":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/?p=452"},"modified":"2021-12-07T18:36:07","modified_gmt":"2021-12-07T22:36:07","slug":"north-carolina-jury-hands-down-felony-convictions-for-animal-activists-open-rescue","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/2021\/12\/07\/north-carolina-jury-hands-down-felony-convictions-for-animal-activists-open-rescue\/","title":{"rendered":"North Carolina Jury Hands Down Felony Convictions for Animal Activist\u2019s \u201cOpen Rescue\u201d"},"content":{"rendered":"

by Michelle C. Pardo<\/strong><\/p>\n

Wayne Hsiung, animal activist and co-founder of Berkeley, CA-based animal rights group, Direct Action Everywhere (DxE), was found guilty by jury of felony larceny after breaking and entering and felony breaking and entering, for taking a goat from the Sospiro Goat Ranch in Transylvania County, North Carolina, back in 2018.<\/p>\n

Hsiung, who had spearheaded DxE\u2019s \u201copen rescues\u201d \u2013 illegally entering agriculture properties without permission and taking animals to liberate them \u2013 had been charged with criminal conduct in multiple jurisdictions.\u00a0 In the North Carolina case, Hsiung claimed that he and the other DxE \u201cinvestigators\u201d entered the ranch to identify animals that were diseased or suffering from neglect.\u00a0 According to the goat ranch, at the time of the \u201crescue\u201d the baby goat was living with its mother and healthy and nursing well at the time of its theft.<\/p>\n

DxE, which touts its \u201cUntil Every Animal is Free\u201d motto on its website, prominently featured their \u201copen rescues\u201d via live stream, including those narrated by Hsiung, in which he described DxE’s motivation to show the world that animals should not be used for food and that killing an animal intentionally is criminal animal cruelty.\u00a0 The North Carolina criminal case had been described in the media as a \u201clandmark\u201d case that could decide the future of the \u201cright\u201d to rescue agricultural livestock.<\/p>\n

Prior to trial, Hsiung had filed a motion to dismiss the criminal charges based on his argument that animals could not be stolen because they are not property.\u00a0 That motion was denied.\u00a0 Media reports have noted DxE\u2019s goal: a constitutional amendment granting animals \u201clegal personhood.\u201d<\/p>\n

Hsiung also had previewed that his testimony would include telling his own story \u201cfrom aspiring academic to alleged animal rights \u2018terrorist.’\u201d\u00a0 He also shared in his blog: \u201cto be clear, I am not suggesting that there is no basis for the criminal charges against me\u201d and that \u201cwe win even if we lose\u201d because \u201cthe attention, pressure and storytelling that will come out of this trial will be a powerful force for the movement, even if I am in jail.\u201d<\/p><\/blockquote>\n

Hsiung’s pre-trial fundraiser came with a plea to \u201chelp me defend the right to rescue in court\u201d and the promise: \u201call donations matched.\u201d\u00a0 As Hsiung stated: \u201cIt\u2019s up to a North Carolina jury to decide if the rescue was a crime or simply the right thing to do.\u201d<\/p>\n

On December 6, 2021, the jury decided that Hsiung\u2019s \u201crescue\u201d was, indeed, a crime.<\/p>\n

Hsiung, an attorney, represented himself in the North Carolina jury trial.\u00a0 In providing contemporaneous trial updates on his blog, Hsiung said that proceeding pro se<\/em> as an activist defendant allowed him to \u201cpush things in a way that a non pro-se defendant could not\u201d and \u201cwhen activists represent themselves, and relate directly to a prosecutor, it becomes more difficult for them to see you as disembodied \u2018social problems.\u2019\u201d<\/p>\n

Hsiung live-streamed his thoughts from a car in between the verdict and sentencing, including how he might spend his time in prison (finish writing his book).<\/p>\n

Hsiung was given a suspended sentence which allows him to avoid jail time but requires him to serve 24 months of supervised probation and make restitution to the owners of the goat.\u00a0 Oddly, one of Hsiung\u2019s DxE cohorts posted on Hsiung\u2019s Facebook page: \u201cWayne wanted prison time over probation, but the judge wouldn\u2019t allow it.\u201d \u00a0Prior to trial, in his \u201cMusings on Incarceration\u201d blog post, Hsiung shared his thoughts about prison: \u201cit doesn\u2019t seem so scary.\u00a0 It seems, almost redemptive, both for me as an individual, for the many weaknesses and failings I\u2019ve been afflicted by, and perhaps even (representatively) for our species.\u201d<\/p>\n

While not facing prison time, he will have to abide by the conditions of his probation.\u00a0 As a licensed attorney, he also may be subject to disbarment proceedings from the California bar stemming from his criminal conviction.\u00a0 Presumably, a criminal record may thwart future attempts to run for public office, such as his mayoral run in Berkeley back in 2020.<\/p>\n

Hsiung and other DxE members had faced criminal charges in the past, but up until this trial, the charges had been dropped by prosecutors. (Click here<\/a> to review DxE’s prior troubles with the law). The North Carolina trial was Hsiung\u2019s first.\u00a0 A California court had previously enjoined DxE for its violation of California\u2019s Unfair Competition Law<\/a> and \u201copen rescue\u201d actions against a California turkey ranch.\u00a0 In that case, the Court had noted that DxE\u2019s \u201crescue\u201d practices violated biosecurity protocols that are in place to protect animals from disease vectors and pathogens and the integrity of the food supply.<\/p>\n

But the North Carolina trial may not be DxE members’ last.\u00a0 According to DxE\u2019s Facebook page, 11 activists who \u201clocked down California\u2019s largest chicken slaughterhouse\u201d will go to trial on December 14, 2021 in Merced, California, on the criminal charges of resisting arrest and obstructing or intimidating business operators.\u00a0 It remains to be seen whether a different factfinder will recognize DxE\u2019s actions as a \u201cright to rescue\u201d or as in this case, simply criminal conduct.<\/p>\n","protected":false},"excerpt":{"rendered":"

by Michelle C. Pardo Wayne Hsiung, animal activist and co-founder of Berkeley, CA-based animal rights group, Direct Action Everywhere (DxE), was found guilty by jury of felony larceny after breaking and entering and felony breaking and entering, for taking a goat from the Sospiro Goat Ranch in Transylvania County, North Carolina, back in 2018. Hsiung, … <\/p>\n

Continue reading “North Carolina Jury Hands Down Felony Convictions for Animal Activist\u2019s \u201cOpen Rescue\u201d”<\/span><\/a><\/p>\n","protected":false},"author":318,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[819,44,820,826,407,408,825,822,824,638,412,827,821,823,409],"ppma_author":[698],"class_list":["post-452","post","type-post","status-publish","format-standard","hentry","category-general","tag-agriculture","tag-animal-activist","tag-animal-rights-terrorist","tag-baby-goat","tag-direct-action-everywhere","tag-dxe","tag-felony","tag-goat-ranch","tag-larceny","tag-legal-personhood","tag-open-rescue","tag-rain-the-goat","tag-right-to-rescue","tag-sospiro-goat-ranch","tag-wayne-hsiung"],"authors":[{"term_id":698,"user_id":318,"is_guest":0,"slug":"mcpardo","display_name":"Michelle Pardo","avatar_url":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-content\/uploads\/sites\/38\/2018\/06\/pardomichelle-125x150.jpg","author_category":"","last_name":"Pardo","first_name":"Michelle","job_title":"","user_url":"https:\/\/www.duanemorris.com\/attorneys\/michellecpardo.html","description":"Read Michelle's bio.<\/a>"}],"_links":{"self":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/posts\/452","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/users\/318"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/comments?post=452"}],"version-history":[{"count":0,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/posts\/452\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/media?parent=452"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/categories?post=452"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/tags?post=452"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/animallawdevelopments\/wp-json\/wp\/v2\/ppma_author?post=452"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}