Jail, No Bail, for Rancher (NM Property Rights Fight)

The Albuquerque Journal ^ | March 17,2004 | Rene Romo

[CedarDave]

LAS CRUCES— A federal magistrate judge ordered rancher Kit Laney held without bond after his detention hearing Tuesday on a charge of assaulting Forest Service officers.

The hearing, drawing about 40 Laney supporters from Otero and Catron counties, stemmed from an incident Sunday evening in the Gila National Forest where Laney is accused of riding his horse at three Forest Service officers involved in removing his cattle from the forest. He also is accused of shoving two officers with his hands and attempting to open the corral where his impounded cattle were being kept. The officers were providing security at a temporary corral on the southeast side of the forest, where 250 of Laney's estimated 400 cattle have been impounded since last Thursday because of a federal court order.

Magistrate Judge Karen Molzen acknowledged it was unusual to deny bail for a defendant with no criminal record. She also said she didn't consider the rancher a flight risk. But she said the federal roundup of Laney's cattle in the Gila resulted from his "disregard for a prior court order."

In December, another federal judge found Laney in contempt of court for violating a 1997 order requiring him to remove his cattle from the 146,000-acre Diamond Bar grazing allotment on the Gila, where the rancher had grazed cattle without a permit.

Molzen said Laney's alleged interference with the current roundup contradicted his intention, published in a newspaper report, not to physically obstruct the Forest Service action.

Assistant U.S. Attorney John Crews questioned whether Laney truly respected the authority of the federal court and government in the case. Crews said Laney, at his first appearance in federal court Monday on the assault charge, described himself as a "citizen of the sovereign state of New Mexico" when asked his citizenship.

Longtime friend Al Schneberger, former executive director of the New Mexico Cattle Growers' Association, testified Tuesday on Laney's behalf. "I don't know a better cowman or a harder worker or a better man," Schneberger said. Calling Laney "very patriotic," Schneberger said, "Kit believes in the law, and he believes in justice, and he believes in truth, and he believes the law will be on his side if he ever gets a hearing."

Noting the dozens of Laney supporters attending the hearing, Molzen said the controversial roundup in the Gila represented a "real explosive situation," and she was wary of releasing him back "to his own back yard," where wranglers continue gathering the livestock.

"I'm not trying to punish Mr. Laney. I just don't have confidence he will abide by my order," Molzen said as Laney, his wrists and ankles shackled, sat without his customary hat in a drab green jump pullover and pants issued by the Doña Ana County Detention Center.

[CedarDave]

Property rights update PING

[the gillman@blacklagoon.com]

..."Kit believes in the law, and he believes in justice, and he believes in truth, and he believes the law will be on his side if he ever gets a hearing."...

What cave has he been hiding in?

[countrydummy]

ping

[TalBlack]

Assistant U.S. Attorney John Crews questioned whether Laney truly respected the authority of the federal court and government in the case.

Are they worthy of respect?

Respect is conditional, always.

"No bail" and "If I ever get a hearing"

I wonder why this Judge thinks the expolsivness of the situation changes with respect to whether Kit is in jail or on Bond or that it is less so whith Kit behind bars. What is he a hostage?

[henderson field]

It's simply a show of power. Another way of saying "this is how much power we have." Nothing more and nothing less.

[chuckcam]

Since when did the US Forest Service have policemen? This is illegal, isn't it?

[sergeantdave]

These federal terrorists are trespassing on state and private property and stealing cattle based on what?

[singfreedom]

Maybe I'm just dense, but was the fella using the land without a grazing permit? Did he have a lease on the Diamond Bar that had superceded the '97 decision that he needed a permit? I guess what I'm asking is, just what claim did the rancher have to the land? I'm an Okie and not totally unfamiliar with ranching, grazing leases, and land rights, but I need more info on this one!

[rollin]

You need to get informed. Do a little research. Those rights he is trying to protect are at least 150 years old and have been upheld until the environmental movement and their liberal friends in the judiciary and the USFS started to attack them about 20 years ago.

In time, it could well incite a major confrontation between citizens of the west and the federal agencies involved.

[CedarDave]

Did he have a lease on the Diamond Bar that had superceded the '97 decision ...

'97? Try 1883 when his ancesters first settled the area.

Do a Keyword search on the word "Laney" to see the articles (this keyword will also bring up articles regarding a Texas Democrat also named Laney). The search box is found at the top of each forum.

[farmfriend]

Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

[B4Ranch]

http://www.freerepublic.com/focus/f-news/1098717/posts?page=1#1

Read this thread and you'll have a better idea what's happening.

[brityank]

Here's another synopsis that lays out the Laney's justifiable claims:

http://www.freerepublic.com/focus/f-news/1100119/posts

[E.G.C.]

BTTT!!!!!

[F.J. Mitchell]

"What is he, a hostage?"

Maybe- but he is also being made an example of for the benefit of every other citizen: When the government decides to screw you, you had better grab your ankles and pretend that you like it.

[Ranchwife]

Hi. Kit is my brother-in-law, and he really hasn't been hiding in a cave anywhere. But there is very little contact with the "outside world" over in the wilderness, we have no electricity except what is produced by a generator, so no tv, don't even get radio very well over there, so it's a whole different world out there.
Kit has always been a pretty trusting sort of guy, until he has reason to not trust. I think the FS has reached that point, but he still thinks some good can come of this in the long run. I only hope he's right and my cynical ole self is completely wrong, but I've seen the FS in action too many times to believe that it's going to turn out good for him. They put my dad out of the ranching business in 1999, and that's just one case of many of that very thing happening around here. There's something they want out here, and they'll stop at nothing to get it, in my observation.
When they'll chase down a 13 year old kid on horseback, with lights flashing, sirens blaring, and shouting over a loud speaker to stop the horses that are terrified of all the commotion, they won't stop at anything, I think. If they want to see one mad mama, though, all they have to do is lay a hand on my kid or harass him in any way again, and they'll see one mad mama on their doorstep!
The bunch that's out there conducting this rustling party is a bunch of low-life varmints in my openion.

[Ranchwife]

Hostage is an interesting word, and yes, I believe that's just what Kit is right now.
They wouldn't release him to his parent's custody, nor would the allow him to go home with his eldest brother. Both parties were too close to the scene of the crime. After much stalling, Bob Jones was finally granted custody of Kit. Bob reports that they had to do a very thorough background check on him before he was approved.
Kit was supposed to be released into Jones' custody on Friday, and if not Friday, then definately Saturday. I talked to my husband (who is also one of Kit's brothers) and as of this evening, Kit is still being held in jail. He's hoping for release tomorrow, just like he has been every day for a week now.
Even when he does get out of jail, he won't be able to return home or even to Catron County until the rustling is completed and the rustlers are out of the country.
Even a hearing for the injunction they are trying to get issued to stop the thievery won't be heard until 3-31 at the earliest. In all liklihood, it will be history by then and there will be nothing left to stop.
It's amusing to recall the day the LEOs came right up to the house (on posted private property, mind you) and the first thing they said is "we don't want anyone to get hurt". Sherry, Kit's ex-wife and partner in the ranch, said that they (the LEOs) were the only ones with guns, and as long as they kept them in their places, no one would get hurt. The LEO didn't have much response to that tidbit of truth.

[Ranchwife]

FS LEOs (or Law Enforcement Officers) have jurisdiction over other federal employees, and that's all.

[Cultural Jihad]

A lawless illegal BTTT.