Estimated read time: 4-5 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
BEAVER — A judge ruled Thursday that he will not admit as evidence a video made by two men attempting to expose animal cruelty at a Milford, Beaver County, pig farm in a case alleging that the they stole two pigs and were illegally on the farm property.
"It doesn't seem to this court that the conditions in general in this farm are at issue here. The condition of these two individual pigs or piglets is," 5th District Judge Jeffrey Wilcox said.
The judge said that at some point he expects a higher Utah court will address inhumane treatment of animals, but that this criminal case is not the place for that.
Wayne Hsiung and Paul Picklesimer are both charged in the 5th District Court with two counts of burglary, a third-degree felony, and one class B misdemeanor count of theft. They were also initially charged with a pattern of unlawful activity, but that charge was dropped after prosecutors said they were unable to acquire enough evidence.
The two burglary counts specifically claim that the two defendants entered a gestation barn and a farrowing barn at Smithfield Food's Circle Four Farms with the intent to steal property. The theft count claims that they took property, specifically the two piglets, that belonged to Smithfield Foods.
Assistant attorney general Janise Macanas, in support of her motions to not allow certain evidence at trial, argued that showing the video and allowing the defendants to talk about potential inhumane animal conditions they say they saw at the farm would be prejudicial to a jury and would not address any elements of the burglary and theft charges against them.
The documentary is not just surveillance footage, she said, but was created by Hsiung and Picklesimer with the intent to horrify an audience, which can be shown by their comments throughout the video.
In response to arguments that the pigs were mistreated, may have had diseases and did not have value, Macanas specified that the piglets did have value to the owner, specifically a value of $50.
Attorneys for Hsiung and Picklesimer argued that the conditions at the pig farm show that the farm does not value the animals. They argued that they should be able to present affirmative defenses under Utah laws, and that the conditions of the animals at the farm is important to their defense.
Elizabeth Hunt, Hsiung's attorney, argued that the constitutional right of her client to defend himself is being taken away if the video is not allowed as evidence. She said the video would help to show his intent, that he did not intend to simply steal pigs, but to expose to the public about what goes on in the food chain.
Hunt said that she plans to appeal the judge's rulings and said those appeals should be resolved before the case moves to trial. But Wilcox expressed doubt that the state appellate courts would take up the case before a trial is held.
Hsiung, a co-founder of Direct Action Everywhere, which produced the video, said in a statement after the hearing, "These prosecutors are right that the cruelty and conditions at Smithfield will induce horror in a jury and in the public ... but that is precisely why this information must be disclosed."
In the video, Hsiung says that he plans to take an animal if possible before entering the farm. Although the video does show the housing conditions of the pigs, it does not show all of the concerns for the pigs that he describes. The lighting is dim since the video was made at night. He says that the conditions on the Utah farm are similar to pig farms across the United States and argues that they are all mistreated.
"This violence and suffering is going into every bite of bacon that's served at a restaurant near you," Hsiung says in the video.
Hsiung was found guilty of two felony charges in North Carolina after removing a sick goat from a farm. His statement said he is appealing a sentence of probation for his conviction in that case.
When asked for a comment on the outcome of the hearing, a spokesman for Smithfield said it does not comment on pending litigation.
The Utah Legislature approved a bill in 2012 that makes it a class B misdemeanor to trespass on private livestock or poultry operations and record sound or images without the owner's permission, or seeking employment with the intent of making those recordings. In 2017 a federal judge ruled that this law, known as an "ag-gag" law, was unconstitutional.
Hsiung and Picklesimer are accused of taking the pigs in March 2017, while this law was in effect. However, they were charged over a year later in May 2018 and the charges did not include allegations of acquiring sound or images of the farm without permission.
