Nevada Live Stock Association
9732 State Route 445, #305
Sparks, NV 89436
775.424.0570

For Immediate Release
January 7, 2003

Testimony Favors Court Order Before Cattle Impoundment

The Nevada Live Stock Association (NLSA) once again defended "due process" to be afforded those in the cattle industry threatened with impoundment actions by the Bureau of Land Management (BLM). "Personal property in cattle is the subject matter of the state not the federal government or Bureau of Land Management (BLM)," said NLSA Lawyer Mike Van Zandt. The hearing occurred December 22, 2003 in the Second Judicial District Court, Reno, Nevada. Judge Janet Berry presided over the court motions and testimony.

As filed, "The purpose of the hearing is to determine the validity of action on the part of the department (Department of Agriculture) in determining whether the BLM is in legal possession of impounded cattle and issuing Brand Inspection Clearance Certificates to the BLM for impounded cattle." (Case No. CV03-06171).

Unforeseen admissions occurred during the testimony phase of the hearing. Under cross-examination from NLSA attorney Van Zandt both Department of Agriculture Director Don Henderson and head brand inspector Jim Connelley admitted that it had been the "firm policy" of the department not to allow impoundment and sale of cattle by any person without a court order. Henderson and Connelley in testimony alleged that after consultation with Deputy Attorney General and her subsequent issuance of an unofficial opinion letter regarding BLM livestock impoundment they had changed their "firm policy". Gina Session, at the time was a Deputy to Attorney General Frankie Sue Del Papa and now serves under Attorney General Brian Sandoval.

Connelley testified that, "I still think it is abhorrent to not have a court order." In addition, from the witness stand he pointed at his own attorney, Gina Session, and said, "It was you that told us to do it this way."

Don Henderson, also under cross-examination, testified that the Brand Department changed their "firm policy" upon the instruction of Frankie Sue Del Papa, through Gina Session.

Essentially, the testimony revealed a doubt between the Department of Agriculture and Gina Session on the issue of the validity of the BLM not having to produce a court order for documentation of legal possession. From the testimony, it appeared that the brand department before Frankie Sue Del Papa and Session's interference had been relying upon their interpretation of the Nevada Revised Statutes and over 100 years of brand law. The Department's "firm policy" was based upon the brand being prima facie evidence of ownership in a dispute. Anyone disputing the brand had to prove otherwise, before legal possession could take effect.

"Our sources have told us that contracts were issued to federal rustlers to confiscate 3,000 head of livestock which could easily be accomplished under Session's unofficial opinion. This policy exposes the State to an extraordinary liability, while it allows the federal government to play fast and loose with rancher's property," said Ramona Morrison, NLSA Secretary.

Van Zandt established crucial evidence during argument and testimony that the Brand Inspection Clearance Certificates issued at the Colvin cattle impoundment for the BLM were issued because the BLM was a "very special person" who did not need a court order like everyone else.

"The owner (Ben Colvin) of record appeared in the left hand corner where it is supposed to, and the branded cattle were listed with Ben Colvin's brand, and yet, a third party signs as the owner or authorized agent. So, I do agree it is abhorrent," said Jackie Holmgren after the hearing was concluded. "If this kind of brand inspection is now to be considered lawful, after Judicial Confirmation, heaven help us all," said Jackie Holmgren.

NLSA Brand Chairman David Holmgren consulted with Dave Pooser a Vice President at Nevada State Bank, Reno, Nevada on the issue. Mr. Pooser said, "The problem is that any regulated entity has to rely upon law in an orderly society. It potentially gives the BLM or government agencies a superior lien that then would inhibit the banks ability to lend."

David and Jackie Holmgren, submitted affidavits to the court, for the NLSA and were representatives for the Association at the hearing. David Holmgren is Chairman of the NLSA Brand Committee and Jackie Holmgren is on the Executive Board. NLSA Chairman Helen Chenoweth-Hage, several directors, and other officers of the Association attended the hearing.

Gina Session, Deputy Attorney General was counsel for Director Don Henderson and head brand inspector Jim Connelley of the Nevada Department of Agriculture. Mr. Connelley is named in a grand jury investigation pending in Esmeralda County over the impoundment and sale of Goldfield, Nevada rancher Ben Colvin's cattle in 2001. Colvin is a NLSA director from Esmeralda County.

Brian Sandoval Attorney General for Nevada attended the hearing. BLM solicitors were in the audience and consulted with Gina Session several times during the hearing.

Chairman Helen Chenoweth-Hage commented that, "This is a keg of worms that needs resolving on the lawful presumption that due process must be afforded. Judge Berry said, 'Judges do not make law.' I whole-heartedly agree. The ex-Attorney Generals' staff doesn't either."

Session based her entire argument of the BLM being in legal possession upon case law that involved only public land. Van Zandt told the Judge Berry that, "These are not public lands."

A Mr. Lister, from Pioche, Nevada, also submitted a motion to dismiss at the hearing. He noted to Judge Berry that, "It is only Cowboy logic" that a court order is needed before private property can change ownership.

Judge Berry has asked all parties to submit post trial briefs and she will issue her Judicial Confirmation sometime in early spring 2004.

Contacts: Ramona Morrison (775) 424-0570
Jackie Holmgren (406) 321-1215