Prosecuting attorneys filed a motion Friday asking Sauk County Circuit Judge Guy Reynolds to send Hershberger to jail on Monday after he told a reporter last week that he had continued to sell milk, in violation of his bail terms.
Lawyers for both sides were told early Monday that Reynolds wouldn’t consider any motions that day, according to defense attorney Glenn Reynolds (no relation). The judge then scheduled both hearings for June 13 during a phone conference with the attorneys later Monday, Reynolds added.
The judge’s decision constituted another victory for the defense in the case that saw Hershberger acquitted on three of four counts filed against him by the state during a six-day trial last month.
“What’s he going to do, put him in jail for an hour and then set him free?” Glenn Reynolds said.
Hershberger, 41, was acquitted May 25 by a Sauk County jury on charges of producing, processing and selling milk without proper state licenses.
He was found guilty of one count of violating a holding order on products on his farm after a 2010 raid by state agents.
That meant Hershberger had to continue to operate under bail conditions set in January 2012 by the judge that included an order that he not sell or process dairy products without a license.
Last week, Hershberger told The Capital Times that he continued to sell raw milk and other farm products after the state told him to stop.
“It is a concern that any defendant would engage in and openly admit to actions which clearly disregard the court-ordered conditions of release (on bail),” wrote assistant attorneys general Eric Defort and Phillip Ferris in their motion to Guy Reynolds.
At the time the motion was filed, defense attorney Glenn Reynolds called the prosecution’s
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