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Hershberger’s trial was postponed during a December 21, 2012 pre-trial hearing before Sauk County Circuit Court
Judge Guy Reynolds. The developments leading to the postponement are complex. Judge Reynolds ruled at the pre-trial
hearing that an expert witness for the defense, Dr. Ted Beals, would not be allowed to testify at Hershberger’s trial after
lawyers for the state Department of Justice argued that Beals’ testimony would not be relevant to any of the charges
against Hershberger; Rich had asked that Beals be allowed to testify on the grounds that the safety of raw milk in general
would be an issue at the trial. In June 2010, in conjunction with the hold order, DATCP issued a Summary Special Order
prohibiting Hershberger from any further sales or distribution of raw milk and raw milk products; in the order, DATCP
cites the inherent risks of consuming raw milk as one of the grounds for issuing the Summary Special Order.

When Rich brought up the Summary Special Order in support of having Dr. Beals testify, Judge Reynolds responded
that Hershberger could have raised the issue by requesting an administrative hearing on the Summary Special Order
back in 2010 but failed to do so. Rich countered that Hershberger’s religious beliefs forbid him from taking others to
court and claimed that prohibiting Beals’ testimony because Hershberger failed to request an administrative hearing
on the Summary Special Order violated the farmer’s First Amendment rights under the U.S. Constitution. She asked
the judge to allow for briefs to be submitted to the court on the First Amendment freedom of religion issue. When the
judge granted the request, Wisconsin Department of Justice lawyer Eric Defort told the court he would not be able to
submit the brief before January 7 due to his work schedule. Judge Reynolds scheduled a hearing on the freedom of
religion claim for March 18.
MINNESOTA – ALVIN SCHLANGEN
The state of Minnesota’s persecution of Freeport farmer Alvin Schlangen continues. Despite being acquitted on all
charges against him by a Hennepin County jury in September 2012, Schlangen is still facing a criminal trial sometime
this spring in Stearns County on six misdemeanor counts for alleged violations of the state food and dairy code; three
of the charges are the same ones of which he was acquitted in Hennepin County (see Wise Traditions Winter 2012 is-
sue for background). On February 6, Stearns County Circuit Court Judge Thomas P. Knapp rejected a motion filed by
Schlangen’s attorney, Nathan Hansen, to have the three charges dropped; Hansen argued that the charges should be
thrown out because they amount to “serial prosecution.” In a brief opposing Hansen’s motion, Stearns County prosecu-
tor William MacPhail characterized the unregulated food the farmer delivers to the members of Freedom Farm Co-op
(FFC) as a “controlled substance.” Schlangen serves as the volunteer manager for the co-op.

The Stearns County charges against Schlangen are for illegally (1) selling raw milk, (2) selling food without a food handler’s
license, (3) distributing adulterated and/or misbranded products, (4) selling custom processed meat by the cut, (5) not
storing eggs at the proper temperature, and (6) violating a hold order placed on food stored at his farm during a June
2010 raid conducted by the Minnesota Department of Agriculture (MDA).
Aside from the criminal trial, Schlangen has an ongoing administrative case with MDA as well. The department is seeking
an order suspending the farmer’s deliveries to the buyers club. The administrative proceedings have been contentious.
In order to make their case, MDA has to show that the farmer is not just delivering to members of a private club, but is
selling to the general public. MDA inspector Jennifer Ericksen submitted an affidavit stating she placed a food order on
FFC’s website, failing to mention that she never paid for nor received the order—the website was simply a convenience
for actual members of the club. Hansen, who is also representing Schlangen in the administrative case along with FTCLDF
general counsel Gary Cox, has asked the judge to reject Ericksen’s affidavit because she lied by omission.
MINNESOTA – MICHAEL HARTMANN
In addition to continuing its harassment of Alvin Schlangen, the Minnesota Department of Agriculture (MDA) has stepped
up its campaign against the department’s long-time target, Gibbon dairy farmer, Mike Hartmann. On January 15 the
Sibly County District Attorney filed charges against Hartmann for illegally selling raw milk and selling improperly labeled
cheese; in a stop for a motor vehicle violation in early December 2012, the police officer stopping Hartmann’s vehicle
reported that the farmer was transporting raw milk and raw cheese. The Sibley County DA further piled on against
Hartmann on February 11 when he brought three additional charges against the farmer for illegally selling raw milk,
operating without a food handlers license, and distributing misbranded food. The charges stem from a search warrant
executed by department inspectors at the Hartmann farm in January; MDA is sparing nothing in attempting to imprison
or, at the least, permanently put out of business a farmer who has benefited the health of hundreds of Minnesota families
for many years.

86 Wise Traditions SPRING 2013 SPRING 2013 Wise Traditions