DIAMOND BAR CATTLE COMPANY/AP ARTICLES

Judge orders Laney released to third party custodian

A judge ordered a dissident rancher to be released from custody April 8 as Gila National Forest contract cowboys finish impounding Kit Laney's cattle from the Diamond Bar allotment.

Laney, 43, had been held without bond based on a federal magistrate's concern he might return to his 121-year-old ranch, where forest officials alleged he assaulted them during the roundup and impoundment of Laney's herd. The U.S. Forest Service alleged the cattle were grazing illegally.

On Tuesday, Senior U.S. District Judge John E. Conway said Laney could be released to fellow rancher Bob Jones up on Otero Mesa as long as Laney promised to steer clear of the Diamond Bar.

"Why is this man in chains?" the judge asked.

Laney was arrested March 14 after allegedly riding his horse toward Forest Service officials and trying to tear down a corral holding some of his cattle.

Indicted by a grand jury on two counts of obstruction of justice, five counts of assaulting and interfering with federal officers and employees and one count of interfering with a court order, U.S. Magistrate Karen Molzen initially denied bail.

A large crowd of supporters from some of the oldest ranching families in the state were present in court as Conway ordered Laney freed next month.

Laney and his ex-wife and ranching partner, Sherry Farr, no longer hold permits to graze on the Diamond Bar allotment but jointly own private land adjacent to forest land. They have contended in lawsuits that they have grazing rights based on historical use of the land.

Courts have ruled against them several times since the mid-1990s. A federal judge had ordered the cattle removed from the Diamond Bar allotment because Laney and Farr did not have a grazing permit. Laney was later found in contempt of court.

The Forest Service is now advertising its intent to sell 251 of Laney's cattle.

Earlier Tuesday, the Forest Service announced the Diamond Bar allotment will reopen to the public Thursday.

The allotment was closed Feb. 28 for the roundup of Laney cattle.

"We now have 415 livestock gathered and anticipate we may well be finished with the removal-impoundment within the next couple of weeks," District Ranger Annette Chavez said in a statement.

Stragglers may remain in canyons and other areas but eventually will be rounded up, Chavez said.

More than half the impounded cattle have been shipped to an auction barn.

Allotment to reopen to public Thursday

A Gila National Forest grazing allotment that has been closed a month while a dissident rancher's cattle were rounded up and impounded will reopen to the public Thursday, forest officials said.

The Diamond Bar allotment was closed Feb. 28 for the roundup of cattle belonging to Kit Laney and his ex-wife and ranching partner, Sherry Farr.

"We now have 415 livestock gathered and anticipate we may well be finished with the removal/impoundment within the next couple of weeks," District Ranger Annette Chavez said in a statement.

Stragglers may remain in canyons and other areas but eventually will be rounded up, Chavez said.

More than half the impounded cattle have been shipped to an auction barn.

Visitors traveling along Forest Road 150 between Beaverhead and Mimbres Valley are urged to be cautious because large horse trailers, water trucks or feed trucks may be encountered, and livestock themselves may stray onto the road, forest officials said Tuesday.

Trail No. 40 in Diamond Creek will also be open from Forest Road 150 to Continental Divide Trail No. 74, and the divide trail will reopen as well, as will several other trails.