Wayne Hsiung and one other investigator maintain sick piglets they faraway from Smithfield Meals’ Circle 4 Farms in Beaver County. On Saturday, a jury decided two animal activists weren’t responsible of theft and housebreaking after taking piglets from the farm in 2017. Three others concerned within the operation already took plea offers. (Direct Motion In every single place)
Estimated learn time: 10-11 minutes
ST. GEORGE — A jury returned a not-guilty verdict on all counts Saturday for 2 males accused of taking sick piglets from Circle 4 Farms in Milford, Beaver County, in March of 2017.
The case was offered to the eight-person jury Friday night time and the panel returned on Saturday and spent many of the day deliberating, and introduced the not-guilty verdict shortly earlier than 5 p.m.
Taking the pigs was half of a bigger effort by Direct Motion In every single place to reveal points in regards to the therapy of livestock at what they stated is the biggest pig farm on the earth, owned by Smithfield Meals.
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Wayne Hansen Hsiung and Paul Darwin Picklesimer had been every charged with two counts of housebreaking, a third-degree felony, and one depend of theft, a category B misdemeanor. One of many counts of housebreaking towards every of them was dismissed by the decide through the trial. The 2 males had been discovered not responsible by the jury on every of the opposite counts.
On July 6, 2017, the Beaver County Sheriff’s Workplace and the FBI had been notified of pigs being stolen from farms owned by Smithfield Meals — taken from the property about 4 months beforehand. A Smithfield Meals worker additionally advised authorities that video of the theft had appeared in a New York Occasions article, in line with charging paperwork.
Initially, 5 animal rights advocates had been charged, however three of the defendants reached plea offers earlier than their instances went to trial.
The jury trial, which was moved to St. George to acquire a bigger jury pool, started with opening arguments Tuesday afternoon and was given to the jury at about 8 p.m. Friday.
Pre-trial consideration
Direct Motion In every single place labored to tug broad consideration to the trial, renting a theater for animal rights supporters to observe it in St. George, holding rallies previous to the trial, sending out common press releases to attract consideration and posting on a Twitter account in regards to the trial that had over 2,000 followers by Friday.
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The group stated over 150 individuals got here to Washington County to help Picklesimer and Hsiung. They stated the trial was moved from Beaver County to Washington County as a result of “activists confronted threats of violence and intimidation from native authorities.”
The jury has been deliberating for seven hours now. Which means at the least one individual is in there advocating for not responsible! We’re nonetheless gathered exterior the courthouse. pic.twitter.com/uZ9zh0iCB8
Previous to the trial, the animal rights group had a presence on the Pioneer Day celebration in Beaver to deliver consideration to the trial. In a video shared by Direct Motion In every single place on YouTube, Beaver sheriff’s deputies are seen confronting them and asking them if they’re conscious they prompted an issue in the neighborhood and had an affect in Smithfield Meals shutting down.
“There’s lots of people which have misplaced their jobs. And also you come into this group and pour salt into the injuries of the those that have misplaced their jobs,” Sgt. Warren Woolsey stated within the video.
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He requested the Direct Motion In every single place consultant to go away and to cease pointing a digital camera at a volunteer officer, however the man, Curtis Vollmar, argued that he had a First Modification proper to be there.
After that encounter Vollmar was cited for disorderly conduct and Direct Motion In every single place, together with Vollmar, the Utah Animal Rights Coalition and others, filed a federal civil rights lawsuit towards Beaver County and the officers.
Through the Monday Evening Soccer sport this week, a protester with a shirt displaying “proper to rescue” rushed onto the sector with a tool emitting pink smoke. He was tackled by Bobby Wagner, a Los Angeles Rams quarterback. Direct Motion In every single place took credit score for inflicting the scene, and advised TMZ it was to lift consciousness of this trial.
This week’s trial
The video created by the corporate, which straight reveals Hsiung taking the pigs and speaking about why he took them, was not allowed to be proven on the trial after fifth District Decide Jeffrey Wilcox decided that circumstances on the farm proven within the video just isn’t what the case is about. The video, known as Operation Demise Star, reveals a 360-degree view of the crew from Direct Motion In every single place, led by Hsiung, going by way of the ability.
Earlier orders within the case additionally prohibited either side from talking in regards to the circumstances of animals basically on the farm — requiring testimony to solely focus on the circumstances of the 2 piglets that had been taken.
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The jury trial for Hsiung and Picklesimer stretched all through the week, and was stuffed with objections from the attorneys in an try to maintain the trial inside the parameters set by the decide. Mary Corporon, who represents Picklesimer, and Hsiung, representing himself, would argue that sure steps taken by the state ought to enable them to herald extra details about the farm circumstances, together with exhibiting the video.
Janise Macanas and Von Christiansen, Beaver County attorneys, objected when a witness began speaking about different circumstances, particularly a few dumpster on the farm with useless piglets inside or the mom pig’s well being.
Testimony was provided by veterinarians chosen by either side, an investigator, a Smithfield worker and a person who was a part of the identical undercover operation of the farm in 2017.
After the entire testimony within the case had been provided, the decide issued a directed verdict dismissing the primary depend towards each Picklesimer and Hsiung. Corporon argued that every of the housebreaking counts was particular to a constructing, and that the 2 defendants didn’t count on to see piglets in a gestation barn — which means they’d not have been coming into the barn with an intent to steal.
There was additionally a dialogue a few doable mistrial. Hsiung and Corporon argued that the prosecution asking a state veterinarian about take care of the pigs on the farm opened the door for them to herald new proof in regards to the circumstances of the farm. The prosecutor stated that was merely an effort to point out that the 2 particular piglets would have had an opportunity of receiving medical care that subsequent day.
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The decide stated bringing in that a lot new proof on the finish of the day on the final day of trial was not an possibility.
“I am not going to open up testimony once more on this case, and if we want a mistrial, we’ll have one,” Wilcox stated.
In the end, Corporon and Hsiung determined to proceed with the trial, after the state’s attorneys agreed with asking the jury to not take note of that testimony.
Hsiung’s testimony
On Thursday, Hsiung known as himself to the witness stand, asking himself questions after which opening himself as much as questions from the opposite attorneys. Whereas questioning himself, he admitted to taking the piglets, however stated it was not theft as a result of he took piglets that had been of no worth to Smithfield.
Hsiung stated the case just isn’t about housebreaking and theft however about animal cruelty and animal rescue. The 2 piglets got names after they had been taken from the ability, Lilly and Lizzie, and he spoke about their circumstances.
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Though he stated they didn’t intend to take piglets, throughout his testimony he admitted they’d a veterinarian readily available in case they introduced out animals and that they’d proof that there have been animals dying on the farm. Hsiung stated they’d taken animals up to now throughout related operations, generally with the proprietor’s permission.
He argued that he had a perception that the piglets had been deserted property, and prompted witnesses to testify that the piglets had been extra of a legal responsibility to Smithfield and he could have been serving to them by eradicating the piglets from the property. In the end, although, he stated the aim was to avoid wasting the piglets from “sure dying.”
“We weren’t there to be burglars or thieves,” Hsiung advised the jury. “We had been there simply to provide assist to dying animals.”
Closing arguments
On Friday night, Christiansen claimed Hsiung admitted to taking the animal, however tried to reduce his crime with contradictory testimony. He stated Hsiung testified that he did not intend to take a pig, however within the script of the video shared at trial, Hsiung stated, “If we see an animal we will take out, we’ll take them out.”
He talked about how Hsuing and the remainder of the group went into the ability on March 6 and March 7, however didn’t take any animals on March 6. Christiansen stated this reveals they weren’t simply taking piglets that wanted emergency care however had been taking pigs as a part of a publicity transfer.
“The pigs had been simply props in a video, props in a film,” Christiansen stated.
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He stated the animals had been alive and did have worth, and any proof of poor well being displayed at trial is theory.
Christiansen additionally talked in regards to the expenses for Picklesimer, and stated holding the digital camera was a vital position within the housebreaking, permitting Direct Motion In every single place to supply a video and lift donations.
“Each individual that participated within the housebreaking that night time was a part of the crime,” the prosecutor stated.
Picklesimer’s lawyer, nonetheless, stated he didn’t even contact a pig, and didn’t intend to commit a theft and shouldn’t be held accountable for one thing he did not do.
She advised the jury in the event that they do imagine Picklesimer may be responsible based mostly on being a part of the group, the ought to straight think about the value of the piglets to Smithfield.
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“Backside line these piglets are price nothing, it is a internet detrimental,” Corporon stated.
She stated what Picklesimer did was like standing subsequent to another person who was emptying a trash can.
Hsiung offered his arguments final, making a plea to the jury to contemplate their emotions and acknowledge a distinction between stealing an animal and serving to an animal.
“We didn’t intend to take a piglet out who had something of worth for Smithfield,” Hsiung stated, arguing that these two piglets didn’t have any business worth.
He advised the jury he didn’t wish to be acquitted based mostly on a technicality, however hoped they’d make a ruling that might make a distinction to animal rights.
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“Should you defend our proper to provide assist to dying animals, defend the suitable of all residents to assist dying and sick and injured animals, there’s somethings that can occur on this world. Corporations will likely be slightly extra compassionate to the creatures below their stewardship. Governments will likely be slightly extra open to animal cruelty complaints. And possibly, simply possibly, a child pig like Lilly will not must starve to dying on the ground of a manufacturing unit farm,” Hsiung stated.
He argued that theft and housebreaking are usually not the suitable technique to cost him on this case, and recommended completely different steps needs to be taken to deal with actions like this, together with corporations and governments listening to their ideas or expenses for trespassing.
Ag-gag legal guidelines
Between 2012 and 2017, a regulation in Utah often called an ag-gag regulation made it unlawful to do an undercover investigation exposing animal abuse at agricultural services. It criminalized mendacity to acquire entry to an agricultural operation, filming with out permission or whereas trespassing and bugging an agricultural operation.
Nonetheless, on July 7, 2017, that regulation was declared unconstitutional by U.S. District Decide Robert Shelby.
“Utah undoubtedly has an curiosity in addressing perceived threats to the state agricultural business, and as historical past reveals, it has quite a lot of constitutionally permissible instruments at its disposal to take action. Suppressing broad swaths of protected speech with out justification, nonetheless, just isn’t one in every of them,” Shelby stated within the order.
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Just one individual was ever criminally charged below Utah’s regulation, in line with the order. Amy Meyer was arrested after filming what seemed like a bulldozer shifting a sick cow — nonetheless, she was on public property and the case was dismissed. Meyer filed the lawsuit together with animal rights organizations who’ve challenged related lawsuits across the nation.
Since this regulation was discovered to be unconstitutional; Smithfield and the state of Utah didn’t have any authorized recourse towards the actions of Direct Motion In every single place members publishing what they noticed on the farm 4 months earlier than the ruling.
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Emily Ashcraft joined KSL.com as a reporter in 2021. She covers courts and authorized affairs, in addition to well being, religion and faith information.
SALT LAKE CITY — Going to a Utah Jazz game is more than just basketball. After pausing for a few years due to the COVID-19 pandemic, the Nu Skin Stunt Team is back — and it’s a performance you don’t want to miss.
“We just really enjoy having them. They have so much energy and the athleticism that they bring is unmatched,” said Meikle LaHue, the Utah Jazz director of entertainment. “They are so impressive and the entertainment that they bring is, I mean, I’m on the edge of my seat when I watch them perform because the tricks they do are just crazy.”
Working for the Jazz is a dream come true for the stunt team members.
“This is the pinnacle of what it gets to be on a stunt team for being a professional cheerleader for the NBA. It doesn’t get any better than that, in our sport,” said national champion Hailey D’Lynn. “Being able to wear this team name on my chest, it’s amazing and it’s a dream come true, it’s what we all strive for.”
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Rookie Cameron Canada added: “This has been a dream of mine for like as long as I picked up the sport and just to be able to be this close to the NBA and represent the state of Utah in front of all the fans, grateful to be having this opportunity.”
The Stunt Team was started 12 years ago. They spent 10 years entertaining Jazz fans, and when it went away, the performers missed being on the Delta Center floor.
“Last year, [Coach] announced ‘the Stunt Team is going to make a comeback this year,’ and I was so excited I was like, ‘Finally! Yes, I’ve been waiting for this,’” cheered the longest-tenured member, Elsa Hassett.
Head Coach Summer Willis shared how rare it is to see stunt teams in the NBA.
“You don’t see a lot of stunt teams on the professional level so the fact that we get to be one of them and represent is just a huge opportunity,” said Willis.
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The Nu Skin Stunt Team performs at Utah Jazz games throughout the season during timeouts and quarter breaks.
The Supreme Court on Monday declined to hear Utah’s bid to gain control over millions of acres of federal land, dealing a blow to the state’s efforts to assert greater authority over its natural resources.
Why It Matters
Federal agencies currently oversee nearly 70 percent of Utah’s land, including areas crucial for energy production, mining, grazing and outdoor recreation. Utah officials have argued that state control would ensure better local governance and unlock revenue opportunities through taxation and development. However, the state’s proposal excluded its iconic national parks and monuments from the transfer.
Utah’s push for control highlights a broader debate over federal land management in the West, where sprawling landscapes often fall under the jurisdiction of agencies like the Bureau of Land Management (BLM). Critics of federal oversight argue it limits economic potential, while supporters counter that it safeguards public lands for conservation and recreational use.
What To Know
In a brief order on Monday, the high court denied the Republican-led state’s request to file a lawsuit aimed at transferring ownership of approximately half of Utah’s federally managed land, an area comparable in size to South Carolina.
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The Supreme Court, as is customary in such instances, provided no explanation for its decision, stating only that “the motion for leave to file a bill of complaint is denied.”
The decision comes after Utah sued in August to try to gain control of 18.5 million acres that is held by the federal government.
The filing, which state leaders said was the result of “decades of legal analysis,” targeted BLM land “unappropriated” to parks, monuments or other national sites.
According to The Salt Lake Tribune, Utah Governor Spencer Cox, Senate President Stuart Adams, House Speaker Mike Schultz and Attorney General Derek Brown said they were disappointed in the court’s decision.
The federal Bureau of Land Management declined to comment to The Associated Press.
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What People Are Saying
Republican Utah Governor Spencer Coxsaid in August: “Utah deserves priority when it comes to managing its land. It’s been a tragedy to see what this administration and past administrations have done to our land, closing down roads that have been open for generations.”
Cox, Senate President Stuart Adams, House Speaker Mike Schultz and Attorney General Derek Brown said in a statement to The Salt Lake Tribune: “We are also heartened to know the incoming [Trump] administration shares our commitments to the principle of ‘multiple use’ for these federal lands and is committed to working with us to improve land management. We will continue to fight to keep public lands in public hands because it is our stewardship, heritage and home.”
Utah House Minority Leader Angela Romero, a Democrat, praised the Supreme Court’s decision in a statement to The Salt Lake Tribuneas a “win for all Americans and the protection of our environment. Today’s actions serve as an important reminder that our public lands should not be privatized or exploited for short-term benefits.”
What Happens Next
While it’s unclear what state officials will do next, the state said in a statement to The Salt Lake Tribune that they “remain able and willing to challenge any BLM land management decisions that harm Utah.”
This article includes reporting from The Associated Press.
The U.S. Supreme Court on Monday refused to hear Utah’s challenge against public lands, striking a major blow to the state’s effort to wrest control of millions of acres of land from the federal government.
The state in August filed a lawsuit asking the court to declare the federal Bureau of Land Management’s ownership of 18.5 million acres of land in Utah unconstitutional, with potential ramifications for public lands across the country.
The filing, which state leaders said was the result of “decades of legal analysis,” targeted BLM land “unappropriated” to parks, monuments or other national sites.
Utahargued the BLM’s ownership and oversight of that land harms the state’s sovereignty and that the federal government should start to “dispose of these lands.”
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“We’re grateful the Supreme Court swiftly rejected the State of Utah’s misguided land grab lawsuit,” Steve Bloch, legal director for the environmental nonprofit Southern Utah Wilderness Alliance, said in a statement. “For more than 100 years, the Supreme Court has affirmed the power of the federal government to hold and manage public lands on behalf of all Americans.”
The state has paid Clement & Murphy, PLLC, a law firm based in Virginia, over $500,000 since 2023 to litigate the case.
Utah has also budgeted over $2.6 million for a public relations campaign to raise “awareness” that the BLM’s policies for public land in the West “are harming Utahns by restricting access to public lands, hindering active management, and reducing economic and recreation opportunities.”
The Southern Utah Wilderness Alliance in December sued the Utah governor and attorney general for bringing this case to the Supreme Court.
The group wants the state 3rd District Court to bar Utah from questioning the constitutionality of “unappropriated” public lands in any court.