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.

[nunya bidness]

Heads up.

[the gillman@blacklagoon.com]

Please forgive my sarcasm.
Whatever faith or trust I had in the government was shredded decades ago.

To think I wanted to join the Forestry Service when I was young.

My best wishes to you all on the front lines.

[TalBlack]

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.


It is, sadly, my belief that it's only a matter of time until the Gov't pulls this kind of heavy handed State bullying one time too many or with the WRONG SOB.

Because they DO have that "we don't want anyone to get hurt" mentality thEy're going to both provoke something and look bad in the aftermath. Best of luck to you and yours, from a FRIEND.

[chuckcam]

Thank you, that's what I thought. So the Fed's are breaking the laws the swear to uphold..How ironic.