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ACTION ALERTS

11/26/96
ACTIVIST STEVE HINDI OUT OF JAIL ON $50,000 BOND

Excerpted from the Chicago Tribune 11/26/96

Steve Hindi walked out of McHenry County Jail Monday afternoon ending his abbreviated 6-month confinement and 11-day-old hunger strike.

Hindi, 42, was released by Judge James Franz on $50,000 bond after an Illinois Appellate Court ruling Friday ordered that Hindi no longer be held without bail.

Hindi had been sentenced by Franz to 6 months without bond on Nov. 6 on a charge of criminal contempt of court, following an Oct. 12 fly-over on a parasail at the Woodstock Hunt Club designed to disrupt hunters gathered below. Protesting his incarceration, Hindi launched a hunger strike Nov. 15.

Franz had issued a temporary restraining order directed at Hindi and his Chicago Animal Rights Coalition, banning their disruption of the hunt club activities.

Earl Johnson, owner of the hunt club, died of a heart attack Nov. 13.

In setting the bond, a clearly nettled Franz said Monday that he was doing so because "I am ordered by the Appellate Court to set an appeal bond. The hunger strike means nothing to me."

Franz said that as a condition of the bond, Hindi must agree to stay beyond 1,000 feet of the club--"and that means air space as well."

Matthew Litvak, attorney for the hunt club, suggested that the bond should have been set at $100,000.

Fellow activist, Greg Campbell charged that authorities did not follow proper procedures inarresting Hindi, adding, "We don't break the law. We know where the line is."

Hindi praised the jail staff as "very professional" and said that although he felt "a little weak," it was "nothing a few meals won't cure."

"I'm very happy to be out, and I'm excited to go see my girls," referring to his 6- and 11-year-old daughters. "I missed them very much."



11/22/96
JAILED ACTIVIST MAY BE FREED SOON

Jailed animal rights activist Steve Hindi may be released on bond in the next couple of days after an Illinois Appellate Court panel last Thursday stayed a 180-day sentence for contempt of court.

Richard Grossman, Steve Hindi's attorney, hopes that Circuit Judge James Franz will soon set bond so that Hindi may be released. He is charged with violating the Illinois Hunter Interference Prohibition Act at the Woodstock Hunt Club.

Hindi has been on a hunger strike since last Friday the 22nd. He was jailed for 180 days without bond on Nov. 6 for contempt of court.

Wildlife organizations and legal experts have called the contempt of court sentence extreme punishment for someone who is not a dangerous criminal.

Steve used a megaphone to speak to hunters from public property next to the club and flown over the premises in a light aircraft. The club is complaining that Hindi is interfering with its members' right to hunt and that he scares away migrating geese.

Hindi's lawyers have appealed to the Illinois Supreme Court.

The hunt club's property is leased to the club by the state. The lease was recently renewed until 2001.



11/16/96
JUDGE SAYS - ACTIVIST TO STAY PUT

A ruling in McHenry County Court will keep a well-known animal rights activist behind bars for at least 90 days.

On Friday (Nov. 15th) Judge James Franz refused to grant Steve Hindi the release on bond that had been requested by his attorney. In addition, the judge refused to grant a stay in an indirect criminal contempt of court charge that he was facing.

Hindi is accused of violating a temporary restraining order that prohibited him and other activists from interfering with hunting at the Woodstock Hunt Club.

The hunt club has claimed $411,000 in damages in a lawsuit against the Chicago Animal Rights Coalition and its president, Hindi. The hunt club says it had to refund fees to hunters when the activists allegedly disrupted the hunt with an ultra-light plane, sirens and bullhorns. Their actions are alleged to have scared away geese during three protests that were held earlier in the year.

At a hearing held during the first week of November, defense attorney Louis Bruno argued that Judge Franz did not allow for the presentation of mitigating evidence .

Bruno explained to the judge that Hindi was not intentionally violating the restraining order, in fact, Hindi thought that he was in compliance even though he returned to the property to carry out other activities.

Matthew Litvak, attorney for the Woodstock Hunt Club, noted that Hindi had been arrested three times in the past for protesting the activities of the club. Litvak said of Hindi; "He has no respect for the law whatsoever."

How YOU can Help!

11/7/96

Help needed with legal fees, phone calls, faxes and additional legal help.

Judge James Franz is trying to make an example of dedicated animal activist Steve Hindi (details follow at end of alert). We need to demonstrate a show of support and solidarity of animal rights activists around the country. Steve puts his life on the line for the animals and now he needs our help.

Please call and/or fax the McHenry County Courthouse and ask to leave a message for Judge James Franz. Tell the judge that you are aware of the ludicrous charges filed against Steve Hindi, Carol Gross and Steven Gross. Ask for the permanent injunction to be dropped against all three activists.

PHONE: (815) 334-4242
FAX: (815) 334-8727

For more information on how you can help, see below, or call Steve Gross and (815) 334-9442



Steve Hindi, Carol Gross and Steve Gross were charged in civil court on October 11, 1996 with interfering with the right of the Woodstock Hunt Club to conduct its normal business practices - killing domesticated birds or wild fowl. The charge contends that on September 7,8,14 and 15th of 1996, the three defendants used sirens, horns and an ultralight to interfere with hunters. WITHOUT EVIDENCE being presented to the court Judge Franz of McHenry County issued a temporary restraining order against the three defendants. The judge ignored the defendants' counsel who argued that the law restricts the issuance of a temporary restraining order that eliminates a person's first amendment rights only as a last resort and as a draconian measure where the situation requires abrogation of a person's first amendment rights. Counsel argued that the people who were being damaged were the defendants who had their first amendment rights restricted prior to the presentation of evidence.

On November 6, 1996, Judge Franz heard arguments by plaintiffs attorney that the temporary restraining order against the three defendants should be changed to a permanent restraining order. In addition, plaintiff's attorney wanted Steve Hindi charged with contempt of court because he returned to the Woodstock Hunt Club on October 12, 1996 and video taped hunters and asked them through a megaphone to consider not killing. Plaintiffs showed a video tape in court that verified that Steve Hindi did exactly that - he video taped hunters and asked them to reconsider killing wildlife. After both sides presented evidence the judge asked for a ten minute recess. After the judge returned, he heard closing arguments. Moments after the arguments were made the judge sentenced Steve Hindi to 180 days in jail. As the judge spoke, three bailiffs walked into the court, and the back door of the courtroom opened and two armed correction officers walked in . Was the decision made before the judge heard the oral argument? You decide.

The case against Carol Gross was equally bizarre. Two witnesses of the four witnesses presented by plaintiff's attorney claimed they saw her at the protest. One witness, Mr Earl Johnson could not recall the days nor what she did. Indeed., he was not sure if she did anything besides hold a bullhorn! The other witness said that he did not see her do anything but was sure that she was there. When asked by plaintiff's attorney to describe Carol Gross he said that she had dark hair and was heavy set. Wrong and wrong. Carol is blond, blue eyed and is not heavy set. Based on the above evidence Judge Franz decided that he had enough grounds to issue a permanent injunction against Carol Gross. Is this a judge or what?

From the ridiculous we go to continued mockery of the judicial system. Plaintiff's attorney asks Steve Gross to take the stand. Steve Gross indicates that neither he nor Carol Gross were present on two of the four days that plaintiff contends they were protesting at the Woodstock Hunt Club. It seems like they were doing something silly like celebrating their 28th anniversary on one of those days. Steve Gross acknowledges that he was present on two of the four days where he engaged in the heretical activity of talking into a megaphone and going over a course he teaches on how to expand the circle of compassion to all beings and mother earth. Seems Plaintiff's witnesses can only say that Steve Gross was present on some of those days. Indeed, all they saw him do is speak, sometimes with and sometimes without a bullhorn. Speak, that is what they saw him do. Judge Franz, who one has to wonder whether he has read or understands the constitution, decided that this dangerous activity of speaking warranted a permanent restraining order against Steve Gross. To add insult to injury, Judge Franz, not wanting to be delayed from his 4:00 pm quitting time, exited the court without even signing the court order. This of course left the lawyers to decide that this great jurist had decided. By the way, would it not be funny if Judge Franz was a hunter and one who frequented canned hunt clubs like the Woodstock Hunt Club.

ACLU number (312) 201-9740. Our attorney is Richard Grossman at (312) 641-6777.

Information Courtesy of:
Bob Chorush
Web Administrator, Progressive Animal Welfare Society (PAWS)
P.O. Box 1037
Lynnwood, WA 98046
(206) 787-2500 ext 862, (206) 742-5711 fax
email [email protected]
http://www.paws.org



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