May 2004     

Kit Laney vs the USFS

By Monika Helbling

Having been present at the arraignment hearing for rancher Kit Laney on March 16, prompts me to focus on some important points in this lengthy legal battle, missed by the press.

U.S. Forest Service Special Agent Douglas Charles Roe, who testified against rancher Kit Laney, stated that he was hired by the USFS in November 2003, and was assigned as case agent on the Diamond Bar Ranch. He also stated that he had never spoken to Kit Laney, and when asked if he knew the history of this case, Roe said he had been given the 1996 court case to read. Roe also testified that he had never been in the area where the alleged assault happened. In court, he used three photographs which depict the area, but these were sent to him via email. Clearly said, he was not present when the alleged assault took place. Everything he knew about it, was told to him by USFS LEOs (United States Forest Service Law Enforcement Officers) Christopher Boehm, DeWayne Ross, and Patrol Captain Mike Reamer. Listening to some of Roe's phrases like: "I can't tell you right now, I think it was officer Reamer..." made eveyone present wonder about the legitimacy of his testimony.

According to Webster's dictionary a witness is; "someone who has personal knowledge or direct cognizance; see for oneself." On more than one occasion, Jane Greek, a federal public defender who represented Kit Laney in the absence of his attorney, objected to what sounded like an embellished tale by Roe. Twice, U.S. Magistrate Judge Karen Molzen asked Roe; "How do you know that?"

This is, without a doubt, a travesty of justice. Not just the most recent alleged assault charge, but the entire legal history of the Diamond Bar Ranch.

When Jane Greek asked that Kit Laney's attorney, who was on stand-by, be heard via telephone conference call, U.S. Attorney John Crews, acting on behalf of the USFS stated that this is against the law. Really? What about bringing someone into court as a witness who was not present, did not see anything, and did not hear anything? Isn't that against the law? During a recess, I learned that USFS LEOs can be witnesses based on hearsay evidence. Interesting. You are the average Joe, have been on the job for only four months, are armed with (according to Roe's testimony) a Glock pistol, a rifle, extra ammo, a baton, pepper spray, and other necessary law enforcement items: you have no clue as to the legal circumstances of this 18-year-long case, yet you feel entirely confident, and are allowed to testify in Federal Court.

This is, without a doubt, a travesty of justice. Not just the most recent alleged assault charge, but the entire legal history of the Diamond Bar Ranch.

The incredible recent actions by the USFS need to be made public. Private landowners within the Gila National Forest are requested to have a permit issued by the USFS to go to their private homes on private land. I have been repeatedly denied a permit to visit my friends, who live in that area. A week ago, I was denied access to the Gila National Forest, in spite of stating to the Public Information Officer, that I have been taking European visitors to the area for many years, and want to do so at this time. Even the County Sheriff was recently challenged by a USFS Ranger to get a permit in order to go into the Gila National Forest — which is public land.

It is high time that we rein in these runaway government agencies who appoint themselves lords of the land, and at the same time judge, jury, and executioner. I have not yet been able to find a congressional mandate for the USFS to have law enforcement authority.

Unbeknownst to most people, this case started on a cool September evening in 1986. At the time, I was staying at the Diamond Bar Ranch headquarters in Black Canyon. The USFS had just informed the Laneys that Road 61 would be closed. It was Kit Laney who asked us to stay calm about the whole situation and to work it out — within the given legal framework. Therefore, people put together a petition, which in turn, was presented to the USFS, and the road stayed open.

It was four years ago, that I witnessed the hospitality extended to USFS personnel by the Laneys. The USFS was working on a land survey near Black Canyon. It was a hot summer day when two USFS employees were invited in for lemonade and ice tea. I sat at the table with them. In 18 years' time, Kit Laney had ample opportunity to "get into it" with USFS personnel, yet he always stayed respectful.

Based on doing business with Kit Laney, I know that his number one concern is the welfare of his cattle, especially his calves. A few days ago, a neighboring rancher who lives within a short distance of the corrals, set up by the USFS on the Diamond Bar allotment, told the Laneys of the endless bawling of corraled mother cows. Kit suspected that newborn calves had been separated from their mothers, and he went to check on his cattle, which then led to his arrest on Sunday, March 14. The contractor, hired by the USFS, is only getting paid for every cow he rounds up. Without a doubt, newborn calves that are unable to walk long distances in the rough terrain of the Gila, are left behind.

So, Kit is a superb cowman — what about Kit, the person? In 1999, my daughter, at the age of 13, asked to go and ride, work cattle, and camp out with him, I did not hesitate for one moment. I let her go because you cannot find a more decent, caring, and honest man than Kit Laney.

Then why, you wonder, is one of the leading New Mexico newspapers headlines screaming: Jail, no bail, for rancher? Kit Laney was denied bail on Monday, March 16, by U.S. Magistrate Judge Karen Molzen, because he is not a murderer, a rapist, nor a drug dealer. Kit Laney, who up to this point, had an unblemished record, was in court on one count of assault, and had no witness — Mr. Bojangles (his horse) does not talk. In court, Kit did not speak on his own behalf, and was faced with a fake government witness. Therefore, everyone present, including the judge, heard only one side of the story.

Our courts will set bond for any hardcore criminal, yet will not set bond for the honest man who bucks, rightfully so, the illegal intrusion by the Federal Government.