Bullied and Now Behind Bars
UPDATE 06-06-06
Adam Durand, the Compassionate Consumers investigator who revealed egregious animal cruelty at Wegmans egg farm, was sentenced on Tuesday, May 16 to six months in jail for trespassing. This stiff sentence, and the failure of authorities to address the animal suffering documented at Wegmans' egg farm, represents an extreme miscarriage of justice. Adam Durand brought to light the suffering of animals at Wegmans egg farm, despite the company's erroneous claim that no evidence of animal abuse exists.
Wegmans asked for jail time and "Essentially, the judge gave [Durand] the exact sentence that Wegmans requested," according to attorney Len Egert. A jury acquitted Durand of burglary and larceny charges, but convicted him of trespassing. The Wayne County Probation office recommended only community service - yet Adam received six months in jail. "I think it's excessive, given the circumstances," Egert told the Associated Press. "This is a low-level misdemeanor offense and Adam has no prior criminal record. For Wegmans to come in and ask for the maximum and get it is disturbing."
The Finger Lakes Times reported that Judge Dennis Kehoe harshly called Adam "arrogant and self-righteous" and stated during sentencing that if the activists had truly cared about the hens, they would have contacted the authorities. In fact, the authorities were contacted! Farm Sanctuary first contacted Wayne County humane officer, Richard Gerbasi, on October 15, 2004 with evidence that we received on this case, including a letter describing the hens' conditions, a videotape showing the horrendous conditions of Wegmans egg farm in Wolcott, New York, and veterinarian necropsy reports. This officer then sent the evidence to District Attorney Richard Healy. Richard Gerbasi reported back to Farm Sanctuary in November that the D.A. was reluctant to prosecute Wegmans since he felt the conditions depicted on the evidence sent to him represented an isolated case. Farm Sanctuary then urged the D.A. on 11/24/04 to obtain a search warrant to make an unannounced visit to the facility. We never received a reply from him, but Farm Sanctuary was 'interviewed' by a criminal investigator with the New York State police.
Wegmans prides itself on good customer relations and satisfaction. However, unbeknownst to many of its shoppers, Wegmans has not only consistently denied the abuse and neglect of the hens at its private egg farm, they have attempted to bully Adam Durand by encouraging a judge to throw him behind bars.
UPDATE 06-06-06Adam Durand was resentenced on June 6, 2006 for the third count of trespassing. The resentencing was due to the law not authorizing Judge Dennis Kehoe to give Adam one year of probation in addition to 90 days in jail (which was the maximum sentence for criminal trespassing that Adam received for two of the counts). The one year of probation was vacated (revoked) for the third count, but the fine remains. Despite a request by Adam's lawyers, Judge Kehoe refused to consider resentencing for the first two counts of trespassing (for each of which Adam received 90 days in jail). According to Adam's lawyers he is doing well and has high spirits. His lawyers will be filing a motion of appeal soon.
You Can Help!Please write polite letters to the prosecuting District Attorney and the presiding County Court Judge, expressing your concern for the injustice of not only failing to prosecute Wegmans for denying birds basic humane consideration, but for putting their rescuer behind bars!
District Attorney Richard Healy Hall of JusticeSuite 202Lyons, NY 14489phone: 315-946-5905fax: 315-946-5911
Hon. Dennis M. Kehoe Wayne County Court Wayne County Hall of JusticeRoom 10654 Broad StreetLyons, NY 14489
Click Here to read history on this case.
For more information and to get involved, please contact: campaign@farmsanctuary.org
UPDATE 06-06-06
Adam Durand, the Compassionate Consumers investigator who revealed egregious animal cruelty at Wegmans egg farm, was sentenced on Tuesday, May 16 to six months in jail for trespassing. This stiff sentence, and the failure of authorities to address the animal suffering documented at Wegmans' egg farm, represents an extreme miscarriage of justice. Adam Durand brought to light the suffering of animals at Wegmans egg farm, despite the company's erroneous claim that no evidence of animal abuse exists.
Wegmans asked for jail time and "Essentially, the judge gave [Durand] the exact sentence that Wegmans requested," according to attorney Len Egert. A jury acquitted Durand of burglary and larceny charges, but convicted him of trespassing. The Wayne County Probation office recommended only community service - yet Adam received six months in jail. "I think it's excessive, given the circumstances," Egert told the Associated Press. "This is a low-level misdemeanor offense and Adam has no prior criminal record. For Wegmans to come in and ask for the maximum and get it is disturbing."
The Finger Lakes Times reported that Judge Dennis Kehoe harshly called Adam "arrogant and self-righteous" and stated during sentencing that if the activists had truly cared about the hens, they would have contacted the authorities. In fact, the authorities were contacted! Farm Sanctuary first contacted Wayne County humane officer, Richard Gerbasi, on October 15, 2004 with evidence that we received on this case, including a letter describing the hens' conditions, a videotape showing the horrendous conditions of Wegmans egg farm in Wolcott, New York, and veterinarian necropsy reports. This officer then sent the evidence to District Attorney Richard Healy. Richard Gerbasi reported back to Farm Sanctuary in November that the D.A. was reluctant to prosecute Wegmans since he felt the conditions depicted on the evidence sent to him represented an isolated case. Farm Sanctuary then urged the D.A. on 11/24/04 to obtain a search warrant to make an unannounced visit to the facility. We never received a reply from him, but Farm Sanctuary was 'interviewed' by a criminal investigator with the New York State police.
Wegmans prides itself on good customer relations and satisfaction. However, unbeknownst to many of its shoppers, Wegmans has not only consistently denied the abuse and neglect of the hens at its private egg farm, they have attempted to bully Adam Durand by encouraging a judge to throw him behind bars.
UPDATE 06-06-06Adam Durand was resentenced on June 6, 2006 for the third count of trespassing. The resentencing was due to the law not authorizing Judge Dennis Kehoe to give Adam one year of probation in addition to 90 days in jail (which was the maximum sentence for criminal trespassing that Adam received for two of the counts). The one year of probation was vacated (revoked) for the third count, but the fine remains. Despite a request by Adam's lawyers, Judge Kehoe refused to consider resentencing for the first two counts of trespassing (for each of which Adam received 90 days in jail). According to Adam's lawyers he is doing well and has high spirits. His lawyers will be filing a motion of appeal soon.
You Can Help!Please write polite letters to the prosecuting District Attorney and the presiding County Court Judge, expressing your concern for the injustice of not only failing to prosecute Wegmans for denying birds basic humane consideration, but for putting their rescuer behind bars!
District Attorney Richard Healy Hall of JusticeSuite 202Lyons, NY 14489phone: 315-946-5905fax: 315-946-5911
Hon. Dennis M. Kehoe Wayne County Court Wayne County Hall of JusticeRoom 10654 Broad StreetLyons, NY 14489
Click Here to read history on this case.
For more information and to get involved, please contact: campaign@farmsanctuary.org
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