The animal rights activist Wayne Hsiung was sentenced to 90 days in jail and two years probation for three trespass-related convictions in the Sonoma Open Rescue Trial.
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Los Angeles, December 1, 2023 — On November 30th, Wayne Hsiung, the
attorney and co-founder of the animal rights organization Direct
Action Everywhere (DxE), was sentenced to 90 days in jail and
two-years probation in the Sonoma Open Rescue Trial involving mass
actions to rescue suffering chickens and ducks from two animal
factories. With time served since his November 2nd conviction and
California’s half-time credits, Hsiung will reportedly walk out of
jail in just a couple of weeks.
A Twist in the Sentence
Hsiung could have been sentenced to three years in jail. So, at
first blush, the relatively light sentence caused relief amongst his
supporters. However, it quickly became apparent that the sentence
contained an onerous condition. Without the prosecution asking for
this, the judge ordered Hsiung to have no contact with the other
named “co-conspirators” in this case, who just happen to be most of
his closest friends. This no contact order is to remain in effect
for two years. Direct Action Everywhere organizers and supporters at
the courthouse condemned this stay-away order as an oppressive
tactic to prevent Hsiung from further expanding the Open Rescue
movement. Priya Sawhney, who – along with Hsiung – co-founded Direct
Action Everywhere and who is taking care of Hsiung’s dog during his
incarceration, teared up as she told UnchainedTV viewers that Judge
Laura Passaglia’s ruling was cruel and will unfairly isolate Hsiung
from those for whom he cares the most.
“The fact they are trying to impose their power to keep Wayne from
his friends…is sickening, is heartbreaking. The audacity to try to
break him.”— Renee King-Sonnen, the Rowdy Girl Sanctuary
UnchainedTV closely followed this case, reporting live throughout
the trial. On the day of the sentence, the streaming network
gathered an expert panel which included Francisco Guerreiro, a
European Parliament Member who has publicly condemned Hsiung’s
conviction, Maryam Kamali at the courthouse, Renee King-Sonnen of
the Rowdy Girl Sanctuary, Ellen Dent of Animal Alliance Network,
UnchainedTV hosts Michelle Celestino, Lindsey Baker, Paige Parsons
Roache and Jane Velez-Mitchell. You can watch the entire LIVE
coverage, which includes the emotional speeches outside the
courthouse after the sentence was handed down, and also captures the
moment three other DxE activists were arrested for other open rescue
actions during a post-sentencing march:
The Sentence that Marked a Moment in History
The Sonoma Open Rescue case involved the rescue of 70 chickens and
ducks from two different animal factories in Sonoma County,
California between 2018 and 2019. Prior to those actions, Direct
Action Everywhere had gone undercover inside those facilities and
videotaped injured and dead animals, presenting the evidence to law
enforcement and demanding an investigation, alleging violations of
California’s animal cruelty laws. However, law enforcement refused
to investigate or prosecute.
So, DxE then moved to daytime actions called “open rescues.”
Collectively, these rescues involved hundreds of people converging
on these massive, animal-packed factories with some activists going
inside to remove animals and others peacefully demonstrating
outside. The actions sparked a huge police response with dozens of
cops in riot gear handcuffing activists. Despite mass arrests,
prosecutors soon narrowed their focus to several key animal rights
leaders, ending up only prosecuting Hsiung.
The Key Figure in the Trial Was Gagged
During the trial, Hsiung and his team were kept under a gag order,
preventing them from speaking to the news media. No video or still
cameras were allowed inside the court. Even a courtroom sketch
artist was banned from sketching anyone but the defendant. Hsiung’s
supporters have pointed to those extreme measures, along with the
refusal to grant bail, as an attempt to silence Hsiung and suppress
news media coverage of the trial and the growing open rescue
movement.
On November 2nd, Hsiung, who represented himself in the case, was
found guilty of felony conspiracy and misdemeanor trespass at the
chicken factory and misdemeanor trespass at the duck factory. But,
the jury could not reach a unanimous verdict on the felony
conspiracy charge from the duck action, resulting in a “hung jury”
on that charge. Hsiung was the only person remaining on trial in
this case after charges were dropped or plea deals were accepted
regarding all the other co-defendants.
The Controversial Sonoma Open Rescue Trial
During the trial, Judge Laura Passaglia, a former prosecutor
herself, made a series of controversial decisions. She presided over
a pre-trial hearing on September 27th, where future defense
witnesses were allowed to be cross-examined by the prosecution
before the jury was even selected. She also rejected one
veterinarian for the defense as a witness, declaring her irrelevant.
The judge only allowed the jury to see a couple of very short videos
of animals inside the factories where the rescues took place. The
jury did not see any of the gruesome videotaped evidence of injured
and dead animals that DxE collected as that was all blocked by the
judge, who also prevented the defense from characterizing the
conditions as animal cruelty.
The jury took six days to arrive at their verdict. After it was
read, Hsiung was immediately cuffed, taken into custody and sent to
jail. He was denied bail and remained in jail until the sentencing
hearing, after which he was returned to jail. At the time of the
verdict, Direct Action Everywhere posted on X that “Wayne will
absolutely be appealing this conviction. #RightToRescue.”
In a blog he wrote from jail, Hsiung listed six reasons why he
thinks he was convicted: “1) Defenses we had been allowed in prior
cases (e.g., good-faith intent) were denied; 2) Key evidence — such
as our reports to authorities — was excluded; 3) Our witnesses lost
the battle of credibility; 4) We were denied the right to “impeach;”
5) We made a number of bad legal moves; 6) The defense’s moral
appeal lacked the power to inspire the jury.”
A Successful Appeal Might Establish Case Law to Help Animal
Rescue
An ironic aspect of the law is that, in order to win on appeal, one
has to first lose the initial case. An appellate victory could
establish case law that opens the legal door to rescuing suffering
factory animals. In this trial, Judge Passaglia had ruled that the
necessity defense, where someone commits a minor infraction to
achieve a higher good such as breaking a car window to rescue a
trapped child, does not apply to animals. However, a higher court
might decide that it does, thereby establishing new case law that
would apply t0 future trials, essentially helping to establish the
legal right to rescue. This is what Hsiung hopes will happen. He
calls it “losing forward.” That, he says, is why he has repeatedly
risked his own liberty.
“The blow to this movement — and the suffering I will personally
endure — will be an opportunity to ‘lose forward.’ To take the
energy and anger from an apparent ‘loss’ and channel it for greater
progress.”— Wayne Hsiung, attorney and activist