Two men jailed in Lancaster and York Counties, attorney claims they are being held illegallyFox43 by Alyssa Kratz 4/25/2024
Ethan Wentworth of Airville and Rusty Herr of Christiana have been in prison for about two weeks. They're still trying to figure out why.PENNSYLVANIA, USA — Two men are behind bars in central Pennsylvania, and their attorney claims they are being held illegally.
Attorney Robert Barnes is representing Ethan Wentworth of Airville and Rusty Herr of Christiana.
“I’ve seen crazy cases, this is the craziest thing I’ve ever seen," said Barnes, a constitutional lawyer with Barnes Law, LLP.
Wentworth and Herr are former dairy farmers who now operate NoBull Solutions, a breeding company that helps dairy farms with the reproductive management of cattle.
For two weeks, the men have sat in prison, and have been denied bail.
“They’re still as baffled today as they were the day they were jailed, as to why they’re there, what happened, did they do something wrong, they’re still trying to figure that out, is there some way they can fix it?" said Barnes. "They don't have answers because we don't have answers. They sit in jail today and unfortunately have seen some horrifying things inside."
Barnes took the case after being contacted by one of the men's wives.
According to York County's chief clerk, Greg Monskie, Wentworth was booked into the York County Prison on April 10 for a 30-day civil sentence. Barnes says he had gone to the York County courthouse after being notified law enforcement wanted to speak with him, and when he got there, he was arrested.
Monskie tells FOX43 it is likely he will only serve 25 days, as it is typical of the records department to give five days as credited served time.
We're told by staff at the Lancaster County Prison that Herr was booked there one day later on April 11, after being arrested at his home. He is serving a 30-day sentence on a contempt of court charge.
"They were completely cooperating, they weren't doing anything wrong, they weren't objecting or opposing any police officer," explained Barnes.
Barnes says neither man was given due process.
“The state of Pennsylvania had a judge sign an order of imprisonment for two people without ever naming them as parties to a case, without them being charged with any crime, without any hearing before an order of imprisonment was issued, all of which is completely illegal under Pennsylvania law and the United States Constitution," said Barnes. "We're dealing with an extraordinary situation that I've never heard of before in America. What we have is a Pennsylvania state agency that has gone completely rogue."
In 2010, a complaint was filed against Herr with the Department of State, accusing him of unlicensed practice of veterinary medicine, for performing ultrasounds on cows.
The State Board of Veterinary Medicine, which heard the complaint, ruled Herr was in fact practicing without a license.
He was ordered to stop and pay a $3,500 fine.
In 2018, a similar complaint was filed against Wentworth and a third man, who both were also found to be practicing without a license.
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https://www.fox43.com/article/news/community/arrested-jailed-illegally-cow-ultrasounds-pennsylvania-investigation/521-9ce5eaf9-687e-4384-8328-2d8c934388c9