Perdue Rescue Trial

Californians have the right to rescue animals from torture | Opinion sacbee.com/opinion/op-ed/…

Here is the moving statement Zoe read in court at her sentencing hearing yesterday. #RightToRescue #PerdueTrial directactioneverywhere.com/dxe-in-the-new…

A judge ordered an animal rights activist to serve 90 days in jail for stealing chickens she claimed needed rescue from a California poultry processor — the culmination of a two-year court battle. sfchronicle.com/bayarea/articl…

Finally, Zoe Rosenberg addressed the judge directly. She told the story of Georgia, a hen she loved and made a promise to in 2014. Georgia was released to Rosenberg's animal sanctuary by a factory farm in the Central Valley and at the sanctuary, she finally got to see the sky and feel the sun for the first time. But Georgia's body had been genetically manipulated to maximize production and she developed a painful and fatal condition that caused her to lay eggs into her abdomen instead of out her vent. Rosenberg explained that as Georgia was dying, she promised to never stop fighting for her and other animals. Then Rosenberg addressed the animal suffering she has seen at Petaluma Poultry. She described seeing sick and injured animals and highlighted the scale by pointing out that approximately 20 million baby chickens have been killed at Perdue's Petaluma Poultry slaughterhouse since her arrest 2 years ago. Rather than apologize for rescuing Poppy, Aster, Ivy, and Azalea, Rosenberg stated: "I am filled with remorse for every animal I have failed to save. When I walked away with Poppy, Ivy, Aster, and Azalea, thousands of individuals were left behind to suffer and die. To the little baby chick who is currently writhing in pain on the floor of a Perdue factory farm, the young rooster being violently slammed into a Perdue transport crate, and the terrified hen about to enter Perdue's scalding tank while fully conscious, I am sorry." She again made a promise to never stop fighting for animals, and she said she hopes people will join her in making this promise and continuing to take action for animals. You can see a short clip of Zoe Rosenberg reading her statement here: abc7news.com/post/animal-ri…

Carraway then addressed the rescued chickens, Poppy, Ivy, Aster and Azalea, and Petaluma Poultry's history of poor conditions which Rosenberg had observed. He said there was evidence that couldn't be introduced due to limitations. He mentioned that Rosenberg was able to speak briefly about a Petaluma Poultry factory farm where she saw suffering animals including chickens on their backs and where she rescued 2 chickens who ultimately needed to be hospitalized for days. She saw paperwork showing hundreds of animals are condemned at the slaughterhouse for bloodborne diseases. She was aware of the slaughterhouse having 4x the average chicken slaughterhouse rates of salmonella and campylobacter. She saw documents saying 76 birds were cadavers, which in the industry is synonymous with boiled alive. He also stressed how Rosenberg reported the company numerous times and was repeatedly ignored. He urged the DA to actually meet with her or at least respond addressing her reports. He said a collaborative path is a path forward. Carraway also described Rosenberg's health issues. He said days before trial he saw her in the hospital after she had the feeding tube put in and he wasn't sure the trial could go forward. She lost 20 pounds, he said. He then explained how the jail's medical service provider, Wellpath, has been sued multiple times for neglect, including over their neglect of inmates with Type 1 diabetes. Last year, a Sonoma County grand jury found chronic medical neglect at the jail. Carraway continued: I also have many questions. There are no guarantees they'll let her keep her pump and continuous glucose monitor. I FOIA'd their policies and there is no mention of diabetic care. They told us it'd be a decision made by jail staff at the time. I've asked multiple questions they've refused to answer. That does not inspire confidence. This is not a case that requires jail time. It is not a violent crime. The risk is too high and the consequences are too severe, too life-threatening or life-altering. We all benefit more from community service than the risks and liability of custody. He finished by saying that Rosenberg has already suffered consequences. She has a felony conviction. She has received not just ridicule online, but death threats. She has already delayed her schooling significantly and hopes to not have delay it again.

After these 3 character witnesses, defense attorney Chris Carraway with the @AALDP_DU began to speak. He addressed how home demos at Perdue executives' homes had been brought up but were not relevant to Rosenberg or this case. Judge Gnoss agreed. Carraway then explained that you sentence a whole person, not an organization. He mentioned that this was Rosenberg's first conviction ever, it was nonviolent, and despite the ramped up felony conspiracy charge, it was all misdemeanor conduct. He mentioned her nearly 2 years of perfect compliance with pre-trial release conditions and how she is still a student at UC Berkeley, hoping to finish her final semester starting in January. He said: "What drives her is her innate empathy for all creatures." She's trying to figure out the best way to act to help animals.

Next, Rosenberg's mother spoke to the judge. She emphasized that "Zoe is a really good kid" and described how she never got in trouble at school and was kind even to ostracized students in her class. Mrs. Rosenberg said: She tries to do things the right way and has had deep compassion for animals ever since she could speak. Mrs. Rosenberg continued: At age 8, being diagnosed with diabetes gave Zoe a greater empathy for animals and their vulnerability in our society. She was horrified about animals suffering without medical care. She's willing to put herself on the line to do what it takes to help others. Instead of feeling sorry for herself, she puts her feelings into action to help others.

Next, actress and activist Alexandra Paul spoke. She introduced herself as an actress by profession and an animal cruelty investigator by passion. She said: I have known Zoe for 9 years since she was 14 and already a remarkable person. When I visited her sanctuary, I remember that she knew all 200 animals by name and knew each one's unique personalities. She reminds me of the St. Francis of chickens. She didn't mind getting up early every day to take care of the animals. It was so easy to forget how young she was. I am 40 years older than Zoe but boy, I really look up to her. It's inspiring to see someone in their 20s so passionate and working so hard on something. She concluded by telling the court how 2 years ago, she went on trial herself for rescuing chickens from a slaughter transport truck (check out the @FosterFarmTrial). She said the jury found her not guilty and she didn't spend a single day in jail, and she urged the judge to also not make do time in jail.

Rosenberg's father spoke first, describing his "wonderful daughter Zoe" as honest, ethical, and brave. He said: Even when she's sick, she treats everyone with respect and kindness. Many people say they want to make the world a better place, but Zoe lives her life guided by that. As a former college professor, I can say she's one of the most diligent and curious students I've ever seen. She shows up to classes on Monday mornings that other students tend to skip because she doesn't want her professors to feel bad if the class is too empty. Mr. Rosenberg then explained how Zoe had a seizure during her first year at UC Berkeley and how she still has no driver's license for fear of passing out behind the wheel. He described being with Zoe at Stanford hospital when they put the feeding tube in and explained how serious gastroparesis is in combination with Type 1 diabetes because eating carbs doesn't reliably raise Zoe's blood sugar. He made a heartfelt plea: "As Zoe's father, I sincerely ask for no jail time." He said Zoe respects the terms of pretrial release, as she's shown, and even in this case, her goal was not to break the law but to use the law to help others. He ended by saying, "The world needs people like Zoe" and that he hopes she can continue her education to broaden her horizons.

Next, the defense was able to call character witnesses for Rosenberg. The court heard from Rosenberg's father and mother, and her friend and fellow activist Alexandra Paul.

Judge Gnoss then chose to address custody credits. He heard argument from defense attorney Kevin Little that Rosenberg's 20+ months on level 3 of pre-trial release conditions including a GPS-tracking ankle monitor should count towards custody credits, reducing any potential jail sentence. Judge Gnoss denied this request for credits. He said she has 1 day of credit (from the day she was arrested on a warrant in this case).

Hobson concluded by arguing that without jail time, Rosenberg will "spin it, her organization will spin it." He said they will paint Rosenberg as "the casualty of some imaginary political crusade" and that even celebrities have fallen for it. He said in jail, there is no camera, no curate message, no live broadcast and she cannot spin it. He said home confinement at her family's home in wine country is not punishment. He ended: We are asking for custody not to quiet the defendant's voice. We ask because the law demands it.

Hobson mentioned that protests have taken place outside Perdue executives' homes in Sonoma County and blamed these on Rosenberg's actions on June 13th. He said her actions were about "attention, narrative, and an ideology," an ideology seeking animal liberation by 2040.

Hobson said the defendant is not a naive student who got swept up, but rather she was the leader. He said she watched people get arrested in 2018 and 2019 at action during the Animal Liberation Conference and instead of stopping, she escalated. She built something even more complex. Hobson then disputed that the rescued chickens needed medical intervention. He questioned why photos of only 2 of the 4 hens were shown in the trial. He also disputed some of the evidence that animals are boiled alive at Petaluma Poultry, namely the bright red, discarded body parts that were documented at the slaughterhouse. He said the company uses a red dye denaturant and that the investigation was not thorough. He did not address the slaughterhouse records listing birds condemned as "cadavers," an industry term for animals who were still breathing when they entered the scalding tank.

Next, Deputy District Attorney Matthew Hobson argued that Zoe Rosenberg should be sent to jail. He said, "She has already shown she cannot be trusted to stay out of restricted areas." He described the June 13th action as "sophisticated." Regarding her medical issues, he said the jail is fully equipped to handle her needs. He said there are already 40 inmates with Type 1 diabetes (which defense attorney Chris Carraway later questioned noting that this would mean the Sonoma County jail population has several times the general public's rate of Type 1 diabetes). Hobson said gastroparesis (stomach paralysis) is "a medically manageable condition." He then accused Rosenberg of lying when she said she had to bail out of the Sonoma County jail because the jail threatened to remove her insulin pump. Hobson said there is no record of that conversation and the jail told him they would not remove insulin pumps.

Court began today at 1:30pm. The courtroom was packed with supporters. Several news outlets were present as well. Judge Gnoss began by saying he had read the various filings, including the prosecution's brief seeking a sentence of 180 days in jail and the probation department's report recommending 2 years probation plus 120 days in jail and the defense's objection. He asked if the prosecution had anything to add. At this point, an attorney for Perdue, Regan V. Masi, read the "victim impact statement" on behalf of Perdue's Petaluma Poultry. He emphasized "Ms. Rosenberg's lack of remorse" saying "She proudly boasted she's a convicted felon." He said if there are no consequences for crossing the line with activism, then the line ceases to mean anything, and that a light sentence would send a message to DxE and those who share their strategy and "invite open season" on farms and slaughterhouses. He also stated that any restitution ordered to be paid to Petaluma Poultry would be donated to a local food bank. No one else spoke for Petaluma Poultry.

Zoe has been sentenced to jail time. Right now we’re holding a press conference right outside the courthouse following Zoe’s sentencing. Speakers include: Sharon Núñez, Josh Harper, Andy Stepanian, Gene Baur, Chris Carraway, and Alexandra Paul

Lifelong animal rescuer Zoe Rosenberg was just sentenced to 90 days in custody for her rescue of four suffering chickens from Perdue's Petaluma Poultry slaughterhouse. She is ordered to turn herself in one week from today on December 10th. 30 days of her sentence will be in jail and she will be eligible for jail alternatives for the final 60 days. For giving Poppy, Aster, Ivy, and Azalea their freedom, Zoe has lost hers. This jail sentence could be life-threatening for Zoe because of her type 1 diabetes and gastroparesis, which require specific medical equipment and care. When Zoe was initially arrested, the jail threatened to take away her insulin pump. Despite this risk to Zoe's life and the nonviolent nature of her actions, Sonoma County Judge Kenneth Gnoss nevertheless sentenced her to jail. Zoe's legal team, led by the Animal Activist Legal Defense Project (@AALDP_DU), filed a formal notice of appeal today to appeal her conviction on several grounds, including that the court denied the necessity defense even though Zoe's actions were necessary to save Poppy, Aster, Ivy, and Azalea from imminent harm. But appeals take a long time and Zoe needs our help now. Go to FreeZoe.org right now and ask California Governor @gavinnewsom to pardon Zoe and immediately release her from jail. Rescue is not a crime. #RightToRescue

Right now Zoe is speaking outside the Sonoma County Superior Court before we go inside for her sentencing hearing

Joaquin Phoenix has come out in support of Zoe Rosenberg and the right to rescue, calling on the Sonoma County District Attorney’s Office to prosecute animal cruelty at Perdue’s Petaluma Poultry slaughterhouse. Phoenix issued the following statement: “Criminalizing people for rescuing suffering animals is a moral failure. Compassion is not a crime. When individuals step in to save a life because the system has looked the other way, they should be supported—not prosecuted. We have to decide who we are as a society: one that protects the vulnerable, or one that punishes those who try. I urge the Sonoma County District Attorney to prosecute the years of documented animal cruelty at Perdue’s Petaluma Poultry slaughterhouse; not the people trying to stop it.” Since Zoe was originally arrested two years ago, she has received support from a number of celebrities and influencers, including Paris Hilton, Maggie Baird, Amanda Cerny, and now Joaquin Phoenix. This is all further proof that the Sonoma County District Attorney’s Office is acting against public interest. Zoe has a sentencing hearing on December 3rd where she could be sent to jail for nearly half a decade for her rescue of four chickens from Perdue’s Petaluma Poultry slaughterhouse. The chickens’ names are Poppy, Ivy, Aster, and Azalea. They were infested with parasites and covered in scratches, bruises, and small wounds. Instead of prosecuting the company that abused and neglected them, Sonoma County authorities have used their resources to try to send Zoe to jail. You can join Joaquin Phoenix in asking the Sonoma County DA to do the right thing at RightToRescue.com If you’re a press outlet interested in covering this story, you can find our press release at DxE.io/PressRelease