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I like to understand both sides of an issue or controversial event. So I’ve been trying to understand the Vernon Hershberger raw milk and licensing case from the viewpoint of the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) and the Wisconsin Department of Justice….and I think I’ve got it figured out why they decided to file a motion to have the Wisconsin farmer, and father of ten, thrown into jail for allegedly violating the terms of his release (described in my previous post). 

 

Imagine there’s a big prize fight coming up. There’s this new Challenger who doesn’t look very strong, but has won a few notable fights. But you–the local Mafioso “Don”– want the Champ to win. The Champ is reliable, knows how to break kneecaps for you when necessary to keep the suckers out there paying on their loans and scams. Besides, you run a book-making operation, and you and your pals can make a ton of money if you know the prize fight’s winner in advance. 

 

It turns out you can control pretty much all aspects of the fight. You can pick the referee, and buy him off so he’ll make life easy on the Champ, and very hard on the Challenger.  You can make the the rules so the Challenger can’t hit above the neck or below the belt without being penalized, but the Champ can hit wherever he wants, and it’s all legal.  

 

If by some crazy chance the fight goes the distance, you’ve assembled a group of official judges who will enforce your rules. 

 

There’s only one thing you can’t control–the Challenger. He’s a man of principle, and he keeps rejecting your offers of a few bucks to take a fall. It seems he doesn’t want to give up his career for your “offer. “

 

What the heck, you figure. You’ve got everything else under your control, what could go wrong? 

 

To your complete and utter amazement, not only does the Challenger go the full 15 rounds, but the official judges give the decision to the Challenger on points. 

 

You try to tell your high-roller friends, “How did I know the official judges were going to be fair and honest?”

 

Your high-roller friends don’t want to hear excuses or explanations. All they know is they put big money on the Champ based on your guarantees about how the fight was “in the bag,” and they are pissed as hell. They hate to lose in general, but they especially hate to lose big money. They are telling you to find a way to get their money back, or there will be consequences. Maybe a broken arm, or a broken kneecap. 

 

How do you, the Don, make everyone whole? There’s only one way you can think of: Go out and get the Challenger, Tell him he better figure out a way to come up with the dough that’s just been lost, or he’ll go to jail. “But I won fair and square,” says the Challenger. 

 

“Fair and square?…What does that mean?” 

 

“You can’t do this,” says the Challenger. 

 

“Yeah, just watch,” says the Don. “What are you going to do about it? Call the police?” 


**

Late update: Wisconsin Judge Guy Reynolds put off the state’s motion to have Vernon Hershberger jailed, until his sentencing hearing is held–now scheduled for 1 p.m. June 13, in Baraboo. 


And this from Amy Bentley Salberg, one of Hershberger’s lawyers: “At the judge’s request, I am passing this along: if there are going to be reference letters or similar statements in support of Vernon, those must come through Vernon’s attorneys if they are to be considered by the court. Others will be tossed unread. Apparently, many people have been contacting the court directly (and anonymously). ” Best email address for Salberg: ams@realfoodlaw.com.