DIAMOND BAR CATTLE COMPANY

There was a hearing today in Alamogordo, on Paragon and the ranching industries request for a temporary restraining order against the MOU the Livestock Board signed with the Forest Service. The judge did not issue the TRO, so the MOU still stands and the issue will go to trial.

LAURA SCHNEBERGER ON THE LANEY HEARING

Hi there, Here are my observations and notes from Kit's appeal hearing.

First let me say that I liked Judge, John Conway, he was no nonsense but he also made Kit, Sherry and their Civil case attorney answer some questions and get a take on who they were and what they were doing. He didn't just take the JD word for everything.

Basically it seemed to me that he was checking on their attitudes and trying to do what was the most reasonable plan for everyone in the courtroom not just the convenience of the agency or the federal attorneys.

JD attorney, Cruise, was not there. His assistant was. Basically he told the Judge they didn't want Kit out of jail since he thumbs his nose at federal judges even going so far as to say he has never obeyed a court ruling. Of course this is not at all true. Kit has had three rulings against him in court and several from the agencies and obeyed each one until the contempt ruling. Jane Greek, his attorney for the criminal trial clarified this and pointed out he only disobeyed the civil contempt ruling and it should have no bearing on the criminal court.

Justice Department stated that he denied he had a social security number and denied citizenship and considered himself not to be a US Citizen. Kit's attorney stated that he does have a social security number he just didn't know it off hand and didn't have his wallet at the time of arrest. That he had never denied citizenship.

JD said he was a danger to the community it was a powderkeg situation and they didn't want him out at all until trial. Jane Greek came back with the fact that he has had access to a phone for two weeks in jail if he wanted to cause problems he could have. So far, no one has done anything illegal and nothing has happened. There is no powderkeg situation, just a lot of people really concerned about what is happening and those people have been behaving properly and Kit has done nothing to incite a riot.

The Judge then set a May 3 trial date in Albuquerque he will precede. He asked if that was all right with the JD attorneys, who had tried to roll the criminal trial into the contempt ruling and take it to the same judge that gave the contempt ruling. They said that it was fine with them if he kept the case. ( I'll bet they change their minds)

Judge Conway asked about how much time Kit was looking at and the JD told him "it was negligible" about 40-50 months. Judge Conway nearly snorted at the (negligible) comment seemed to decide to let Kit out for the month prior to the trial.

He then spoke with Bob Jones about releasing Kit to him and what he would do to keep him corralled. Bob answered several questions and asked several of his own about what Kit should be allowed to do and what he shouldn't. Basically he can hang out in the house with his monitor on, he can't go to town or ride. No access to firearms, the JD was upset about that so the judge said Mr. Jones, just lock up whatever guns you might have. ( funny about that, Kit locked up all the guns on the Diamond Bar after the LEO's chased his brother and nephew down the road. I told him he should and he said he just did it)

The judge than asked Sherry to come up and speak with him about her situation and see if she was in desperate enough straits that perhaps Kit might be tempted to violate an order to go help her. He asked how many head of livestock she was taking care of she said 32 horses three milk cows a heifer and two calves. He asked if she was doing all that herself and she said no she had plenty of help that she was trying to get her horses farmed out and moved to where there was pasture.

He then asked her didn't she have fee interest pasture that she could put her stock on? She said yes they believed they did but that it was the fee interest that the USFS were removing their livestock from and she had to keep her horses out of the way of the impoundment, so she was removing them from the ranch. (I thought this question was calculated to see how much she was willing to comply. Her answer seemed to satisfy him and he stated that that part was a civil matter. Who knows what he was thinking.

Paul Kienzel, Paragon's attorney tried to get permission for Kit to attend the hearing today but the judge denied that asked what it was about and Paul told him it was to put a stay on the transport of the cattle until state law was followed. The Judge asked him, You mean the USFS can't just load up livestock and travel where they want to with them? Keinzel said we would prefer to have them follow state law. Again it was my impression that the judge was baiting the JD to jump in and it worked, the JD stated it was not likely the hearing would result in stopping the shipment. (I don't have much info right now but the Judge in that hearing this morning did not stop the shipment. I don't think the whole case against the MOU was heard but I am a bit out of the loop right now)

JD then said they would need 2 days to try the case since they had 5 or 6 witnesses and the judge said no only one day would be needed. The JD urged the court to keep Kit in jail until the cattle were gathered and the contractors were gone. Afraid he will not obey a court order. Judge Conway said maybe he wouldn't, but he trusted Bob Jones to call the US Marshals if Kit took off. JD attorney said that was not a full proof method to ensure the safety of the USFS employees and the judge agreed to keep Kit in jail until the 8th then release him the morning of the 8th with a electronic monitoring device among other stipulations. It was more about negotiating terms than believing Kit was a real threat.

The JD then asked for a 10,000 dollar bond and Kit's attorney stated he was not a flight risk and not a danger to anyone. The judge said no there was no need for a bond. The danger to the community claim by the JD was "Pretty Shaky" he didn't even understand why this man was in chains in the courtroom.

He than asked Kit several questions, the first of the hearings that allowed Kit to say anything.

Q. where he was being held, Kit told him DABDC

Q. was being treated all right, Kit said yes they were being decent to him. (even though they haven't let him have access his cantina fund or given him any mail) ( he is being allowed more visitors than most of the prisoners and he said to my daughter that the guards are kind to him)

Q. asked about the food, Kit said he wasn't very picky and it was all right.

Q. Asked if he would abide by the order and Kit said I give you my word I will not disobey the order. The judge was satisfied with the answer.

Told him it would be bad if he did violate the order to stay at Bob Jones's house did he realize that and Kit said yes he did, he would comply. At least there is light at the end of the tunnel and he should see some daylight soon. His attorney said it would be Ok that he is still in jail for another week since she can prepare for trial better if he is in town. He will be seeing a lot of her this week and hopefully it will keep him busy and pass the time. Once he is out at crow flats, she will have a harder time working on the defense.

Matt and I are planning on trying to go visit Kit when he is released, The Jones's said it would be all right when we have details on what might be convenient for the Jones's we will make some plans.

Laura Schneberger
www.cowboysandcattlecountry.0catch.com