DIAMOND BAR CATTLE COMPANY

Note: The Paragon Foundation has put out an email stating the Laney hearing will be Wednesday at 1:00pm

Laney due in court today

The New Mexico rancher arrested March 14 for allegedly interfering with officers of the U.S. Forest Service in the Gila National Forest is scheduled to return to federal court today for a motion to reconsider his pre-trial detention. He has been jailed at the Doña Ana County Detention Center since his arrest.
Kit Laney, 43, has been charged with felony assault and interfering with law enforcement officers, a misdemeanor. Forest Service officers and hired help were rounding up Laney’s cattle to remove them from the 143,000-acre allotment Laney operated when the incident occurred.
Marcia Andre, forest supervisor of the Gila National Forest, explained why the Forest Service took action.
“Kit and Sherry Laney knowingly put livestock onto the Gila National Forest without a grazing permit in the spring of 2003,” Andre said. “They did this despite a court order issued in 1997 that clearly said they could not do so. That order was appealed by the Laneys to the U.S. 10th Circuit Court of Appeals, which affirmed the order.”
There are two accounts of what happened that Sunday night before Laney was arrested.
Sherry Laney, Kit Laney’s ex-wife, said Kit told her the March 14 incident did not occur as reported by the Forest Service officers in federal court.
“Kit said he did not gallop toward the officers,” Sherry Laney said. “Kit said as he approached the men one of the officers swung a flashlight at the head of his horse.”
Another portion of the officers’ account was amusing to friends and neighbors.
Many of those in court who heard the officers’ account of the incident laughed when they heard that Laney supposedly swore at the officers.
“I’ve never heard him swear,” said Laura Schneberger, a longtime friend and neighbor of Laney. “I’ve sworn in front of him and he gives me a look (of disapproval). He doesn’t like that kind of language.”
Laney has been tangled in a legal web since 1996 regarding his rights to the property. He owns the grazing and water rights, according to Sherry Laney.
Laney was cited by a federal judge for contempt of court in December 2003 for violating the court’s order to remove the cattle after he refused an offered permit because it limited the size of his herd.
“We could not make a living if they cut our herd to under 800 head,” Sherry Laney said.
At last week’s pretrial detention hearing Federal Judge Karen B. Molzen ruled Laney should remain in jail until a way can be found to ensure he will not be a danger to authorities removing his cattle. Jane Greek, Laney’s court appointed attorney, argued a third party custodian is an appropriate condition of release.
Federal prosecutor John G. Crews argued Laney is a flight risk and a danger to the community. Crews asked the judge to keep Laney in custody until all the cattle are removed.
Molzen said she didn’t feel Laney is a flight risk, but she was concerned for the safety of officers if Laney went home.
“I’m pretty optimistic Kit will be out of jail soon,” Sherry Laney said Friday. “Bob Jones has been approved as a third-party custodian.”
Jones is a rancher at the south end of Otero Mesa. Jones would be legally responsible if Laney were to travel back to Catron County before all cattle are removed from his property.
Friday afternoon, Crews filed a supplemental memorandum supporting his argument that Laney is a danger. He indicated in the memorandum at least two threats have been made against family members of Forest Service officers.
“The United States believes those threats occurred after the detention hearing was concluded March 16,” Crews wrote in the memorandum. Crews also asked that future judicial proceeding be assigned to Judge William Johnson.
While Laney has been in jail, his ex-wife and Laney’s brother have been working the family’s Diamond Bar Ranch.
“We’ve got our hands full,” Sherry Laney said. “But I really think things will turn out right.”
Alamogordo-based Paragon Foundation is providing help with legal assistance for Laney. Paragon was formed in the early 1990s to assist those whose civil rights or property rights are in jeopardy.
Paragon’s executive director G.B. Oliver and Joe Delk, a member of the New Mexico Livestock Board, visited the Laney allotment in the Gila National Forest last week.
“I thought based on the fact that not one living soul there knows one end of a cow from another they are doing a pretty good job,” Oliver said. “Some of the cows and their calves have been separated, but that is to be expected. The cattle are being fed and watered.”
Sherry Laney estimated about 200 of the 400 cattle have been rounded up, but doesn’t know where the government plans to take the cattle for sale.
Sherry Laney doesn’t believe the Forest Service has a plan in place for the sale of the herd.
She pointed out there is a lien against on the herd and couldn’t explain how the government can sell the cattle when a lien is pending.
“Right now, Kit is in jail,” Sherry Laney said, “and the cowboys and Forest Service officers are resting. Really, there haven’t done any work in a couple of days.”

T.S. Hopkins can be reached at thopkins@lcsun-news.com