Sonoma County jurors say they can’t agree on verdict in animal activist trial, judge urges more deliberation

Deliberations are entering a sixth day after jurors told a Sonoma County judge Wednesday they couldn’t agree on a verdict for three of four counts in the trial of an animal activist charged in connection with poultry farm protests near Petaluma in 2018 and 2019.

Just after noon, the foreperson of the jury of four men and eight women in the trial of Wayne Hsiung, co-founder of controversial animal rights group Direct Action Everywhere, advised Judge Laura Passaglia they could not agree on a verdict.

He said jurors had been unable to reach a decision on three of the counts against Hsiung after they’d taken more than nine votes, which the foreperson described as “very lopsided.”

“In general, it was 11-1,” he told the judge. He did not specify whether that was 11-1 in favor of guilty or not guilty. Also, the specific counts they were held up on weren’t mentioned.

Passaglia, nevertheless, told jurors to return to the jury room and continue to discuss the case.

Jurors talked until about 12:30 p.m. when one of them had to leave for an appointment. They reconvened at about 2:30 p.m.

The day ended without a verdict and jurors are expected to continue their deliberations Thursday.

Neither Hsiung, who is representing himself, nor prosecutors with the Sonoma County District Attorney’s Office were able to comment Wednesday on the development with jurors. They remain under a gag order previously issued by Passaglia.

Hsiung is charged with two counts each of conspiracy and trespassing at two Petaluma locations: Sunrise Farms on May 29, 2018, and Reichardt Duck Farm on June 3, 2019.

Jurors received the case the afternoon of Oct. 24.

Hsiung’s supporters packed the courtroom Wednesday during the jury’s brief exchange with the judge.

The trial revolved heavily around whether Hsiung, 42, conspired to shut down privately owned poultry farms or whether his efforts were justified because of his firm belief that the animals were being mistreated.

Citing California law that allows the rescue of mistreated animals, Hsiung and his group have maintained they were trying to save chickens and ducks that weren’t being treated well.

In each event, hundreds of activists converged on the properties and removed chickens and ducks they alleged were mistreated.

Their goal, according to Hsiung, was to raise awareness about the mistreatment and encourage discussion to improve conditions in the poultry industry.

Prosecutors countered that the group uses extreme tactics in order to try to change animal cruelty laws. They contended Hsiung organized protests consisting of hundreds of people and refused to leave private properties when asked by the property owners.

Hsiung countered that land owners and law enforcement OK’d his presence at Sunrise Farms within minutes of the arrival of authorities.

He said he had not organized the Reichardt gathering, where participants locked themselves to equipment and gates. Prosecutors, though, contended he encouraged the actions of the other demonstrators and was on site to be a liaison to law enforcement and provide legal assistance.

Sonoma County Deputy District Attorney Robert Waner described both protests as “spectacles” and culminations of annual conferences attended by animal rights activists.

During the trial, Hsiung presented testimony from legal and animal experts who validated his actions prior to the protests.

The prosecution said the elaborate gatherings had been organized well in advance and the experts’ advice was only sought out days prior as a precaution.

Hsiung is the sole defendant in the felony and misdemeanor trial, which has evolved over the past several years amid slow-moving proceedings.

The matter initially included a third demonstration at another chicken farm, which took place on Sept. 29, 2018, where at least five other members of the activist group were charged.

However, all except Hsiung entered plea deals or had their charges dismissed.

You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi