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Sanctuary Owner Tracy Murphy’s Court Victory!

Sanctuary Owner Tracy Murphy’s Court Victory!

Tracy Murphy

Asha’s Farm Sanctuary founder Tracy Murphy cleared her name after being accused of stealing two cows when a judge dismissed the case

Los Angeles, October 4, 2024 — Tracy Murphy’s fight for farmed animals and freedom has ended with a dismissal of all charges, marking a major victory for the founder of Asha’s Farm Sanctuary in New York. After two years of legal battles, protests, and personal turmoil, Murphy, who was accused of stealing two cows that wandered onto her property, is finally free to continue her mission of rescuing and caring for farmed animals.  In a stunning development, on the very first day of trial, October 3rd, 2024, as jury selection was just getting underway, the judge suddenly announced: case dismissed, harshly criticizing the police investigation.

Tracy Murphy at her sanctuary.
Tracy Murphy at her sanctuary.

Moments after that stunning dismissal, UnchainedTV conducted an exclusive live interview with an emotional Tracy Murphy, who expressed her gratitude and said she harbors no ill will towards neighbors who criticized her, seeking only to move on and help animals. Along with Tracy Murphy herself, two of her attorneys, Wayne Hsiung of The Simple Heart and Louis Mussari spoke to UnchainedTV host Jane Velez-Mitchell. The victorious defense was coordinated by The Animal Activist Legal Defense Project at the University of Denver Sturm College of Law. UnchainedTV’s expert panel also included attorney Nora Marino of Legal Action Network for Animals, animal rescuer Simone Reyes of Social Compassion in Legislation, court reporter Akhil Devarashetti, and commentators Tiffany Brunelli and Michelle Celestino.

WATCH TRACY MURPHY REACT LIVE TO THE JUDGE DISMISSING THE CASE AGAINST HER! 

A Two-Year Ordeal

Two cows rescued by Tracy Murphy

In July of 2022, two young cows wandered onto the grounds of Asha’s Farm Sanctuary in Upstate New York. Murphy, known for her dedication to animal welfare, took the cows in, fed them and notified the local SPCA. However, when the owner of the neighboring beef farm told her he was missing two cows and asserted that the two cows she had taken in were his, Murphy would not release the animals, insisting on proof of ownership. Days later, police -armed with a search warrant- seized the cows and arrested Murphy, shackling her at the waist, arms and legs and charging her with felony grand larceny. As the dispute morphed into a big local news story, many in the local farming community turned against Murphy, labeling her a “cow rustler” and staging noisy protests outside of her sanctuary. Nationally, others – including Oscar-winning actor Joaquin Phoenix, publicly hailed Murphy as a hero for refusing to send the animals back to a farm that raises them to be butchered.

CRUCIAL MISSTEPS BY POLICE LEAD TO CASE DISMISSAL

For two years, Murphy endured an intense legal ordeal, which included a gag order preventing her from speaking publicly in her own defense. She was also getting death threats. What happened to the two cows? After seizing them, local law enforcement, gave them to the neighboring beef farmer who had claimed them as his own. He then sent the two cows to slaughter. That would prove to be a crucial misstep that would ultimately cause the case to be dismissed. As the defense team explained, “Despite a warrant that explicitly required that the cows -the prime evidence in the case- be provided to the court, they were instead sold and slaughtered. As a result, defense attorneys have been unable to inspect the allegedly stolen property, as is their right in a theft case.”

Throughout this period, Murphy’s sanctuary struggled financially, with the gag order making it difficult to fundraise. Supporters rallied around her cause, with an anonymous donor even offering to match contributions up to $5,000 to help keep the sanctuary afloat. Yet, Murphy remained committed to her mission, providing refuge for dozens of rescued animals and standing firm in her legal battle. As her lawyer argued, Murphy’s actions were not criminal but compassionate—her intent was never to steal but to protect these sentient beings. Ultimately, Murphy’s original felony charges, which could have landed her behind bars for seven years, were reduced to a misdemeanor charge of Petit Larceny, which still could have sent her to jail for up to a year.

Bombshell Revelation Turns the Case on Its Head

Finally, in the first week of October, 2024, the trial was just getting underway, when another bombshell revelation emerged. As the defense team put it, “The supervising investigator in the case, who also directed the seizure of the cows, is the brother-in-law of the purported owner of the cows… a fact that defense attorneys learned only two days before…” the hearing. This, on top of the destruction of the key evidence in the case – namely the slaughter of the cows at the heart of the dispute – seemed to astound Judge Gary Strenkoski and the case crumbled. The judge proclaimed that, “the prosecution is precluded from using any evidence or testimony regarding the two cows in question.” This prompted the Niagara County District Attorney’s Office to respond, “any reasonable possibility of prosecuting such charge to a conviction has been effectively destroyed.” Victorious, Tracy Murphy, and her defense team, walked out of court to cheering supporters who had gathered from around the nation.

Below  you can watch another video about Tracy Murphy’s case recorded back in December of 2023, when the gag order was lifted after Murphy’s defense team went to court successfully arguing that Murphy has a constitutional right to free speech.

The Dismissal is a Victory for Animal Rights

Protest in support of Tracy Murphy

Murphy expressed relief and gratitude following the dismissal but was quick to point out the bittersweet nature of the victory, as -in the end- the cows she named Ishmael and Little Willow could not be saved. She said:

“I’m grateful for the entire legal team and everybody who has been supporting me and the sanctuary. I just hope that the death of Ishmael and Little Willow, and how tragic it was that they were ripped away from a sanctuary and tragically killed, make people have empathy throughout this and realize they were at a sanctuary, and they should have stayed there.”

 

You can watch another video about Murphy’s case recorded in April 2023:

 A Case that Should Never Have Ended up in Court

Wayne Hsiung and Tracy Murphy
Wayne Hsiung and Tracy Murphy

Despite the hardship, Murphy harbors no ill will toward her community, even those who protested against her. She remains committed to her work at Asha’s Farm Sanctuary and hopes that the case brings attention to the broader issues of animal rights.

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Wayne Hsiung, Murphy’s attorney, wrote this in his motion that led to the dismissal:

“There are many reasons a dismissal is the right result in this case. Ms. Murphy’s role in running a ‘shelter of last resort’ has served a crucial role in the local community – including supporting law enforcement. Ms. Murphy’s fundamental liberties were violated when she was interrogated, raided, and shackled by her arms and legs, all despite the fact that she did her best to follow the exact letter of the law. And, Ms. Murphy’s efforts to assist two stray cows who wandered onto her property were motivated by compassion, not criminal intent. Compassion, in the state of New York and in these United States of America, is not a crime.”

As Murphy rebuilds her sanctuary’s reputation and financial health, her focus remains steadfast: rescuing farm animals in need and advocating for a more compassionate world. She hopes that her ordeal will inspire others to see animals as individuals with the right to live, not as mere property to be used and discarded.

Watch another video about Murphy’s case recorded in January 2023 here:

 

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