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.
Wentworth was served a similar cease-and-desist order and ordered to pay a $3,000 fine.
Barnes tells FOX43 that neither man paid their fine, as their previous lawyer advised them not to.
"The advice of former counsel was that these orders did not apply to them because they were not vets, and no fines were lawfully ordered," said Barnes.
In 2020, another complaint was filed, claiming both Rusty and Ethan kept practicing without a license.
FOX43 reached out to the Pennsylvania Department of State regarding the arrests of Wentworth and Herr, as well as any potential investigation into the two men.
A spokesperson for the department provided the following statement:
"While the Department of State can neither confirm nor deny the existence of an investigation or matter, speaking generally, the Department reviews every potential license violation of which it becomes aware, whether that is through a complaint filed directly with the Department, a notification from local law enforcement or through media reports. After review, a determination is made as to whether formal action is warranted; formal disciplinary action may include an Immediate Temporary Suspension, an Order to Show Cause, and/or a Consent Agreement. If an investigation and prosecution lead to disciplinary action, the associated documents are made publicly available in the PALS licensing database (if the individual is licensed) or through the Bureau of Professional and Occupational Affairs' Prothonotary's Office. In this instance, please see the “History” sections of the attached Adjudications and Orders. All Respondents are afforded due process, including notice and an opportunity to participate in the proceedings by calling witnesses, introducing evidence, or testifying on their own behalf. Please note that all individuals subject to formal charges have the right to hire an attorney of their choosing."
“So far I’ve not been able to confirm the old cases have anything to do with this," said Barnes. "It appears it may relate to them wanting a subpoena but we don't lock people up over subpoenas for documents."
As of Thursday evening, FOX43 had also not been able to independently confirm that.
We reached out to both the Lancaster County and York County District Attorneys on Thursday.
Both offices say they are not involved. The York County District Attorney’s Office tells FOX43 the sheriff's department was only asked to serve an arrest warrant that was issued by the Commonwealth Court.
The Administrative Office of Pennsylvania Courts says the Commonwealth Court rarely issues warrants.
Documents related to the case are sealed, which means they cannot be publicly accessed. Barnes says his office has not been able to access court records either.
"All we've seen is what appears to be an order of commitment signed by a judge of the Commonwealth Court, which makes no sense because the Commonwealth Court of Pennsylvania doesn't have criminal jurisdiction," Barnes said.
Additionally, FOX43 found no record of criminal charges filed against either man, or NoBull Solutions, LLC.
“We demanded answers last week and the state of Pennsylvania has refused to give those answers," said Barnes.
The Pennsylvania Veterinary Medical Association (PVMA) filed the 2018 and 2020 complaints.
Dr. Bill Croushore, secretary-treasurer of the PVMA, says he's unaware of the circumstances surrounding the arrests. This is also noted in an April 18 statement from the PVMA.
“It took us by surprise just like everybody else," said Dr. Croushore. "We are completely unaware of why they were arrested except from what we have heard speculative, that it was a contempt of court warrant."
Dr. Croushore says the PVMA has not seen any documentation or been notified by the State Board of Veterinary Medicine.
When asked if he believes Herr and Wentworth should be in prison, he stated:
“Pregnancy diagnosis by any method or mode is considered practice of veterinary medicine. The Practice Act is clear and the state board has upheld that in the two separate judgements against Mr. Herr and Mr. Wentworth," said Dr. Croushore. "According to the [Veterinary] Practice Act, what they were doing is illegal. They were diagnosing a physical condition by method or mode. Whether or not they should be in prison, I’m not a judge that’s not for me to decide.”
Barnes argues the claim that the NoBull Solutions' operation is illegal.
“These are just ordinary, everyday people," he explained. "Neither of them do anything that needs to be licensed by any agency in the state. I’ve talked to multiple farmers and professionals here that say this is not veterinary care.”
Dr. Croushore says there are exceptions for farmers who perform ultrasounds on their own cows.
"What is not legal is for a non-veterinarian to charge a fee for service to do this," he said. "That was the complaint originally in 2010. That was the complaint the PVMA alleged in 2018."
A statement given to FOX43 by Ethan and Rusty's families says:
"Our families are struggling to cope without our husbands and fathers, Ethan and Rusty, who have been unlawfully imprisoned for more than two weeks now. We miss them terribly and our children are traumatized by what happened. We cannot wait to have them back home, and are thankful for all the prayers and support from the community. We ask the state to do the right thing and release them immediately so they can come home to their children."
Barnes says his office is filing a motion for immediate release of both men in the Commonwealth Court and we are also filing a petition for writ of habeas corpus before the Supreme Court of Pennsylvania.
“Something has gone completely off the rails here and we’re going to try to get the train back on the rails before these men suffer anymore," said Barnes.
"I have had a working relationship with Rusty. I have no animosity toward him. I don't know Ethan, I've met him once. I seriously, personally, have no animosity toward these guys," said Dr. Croushore. "The PVMA, we are saddened they were arrested. But they chose to ignore these court orders over the year. It's unfortunate this is what it came to but they did this with their own informed consent."
"We want to get the truth out," Dr. Croushore continued. "Ultrasound of cows to diagnose pregnancy is veterinary medicine. There are exemptions for farmers to do that and that's very important because there are a lot of farmers who do this on their own and have employees trained to do that. I have clients that do that and that is perfectly, perfectly legal. No farmer, or employee of a farm should be afraid of getting hauled off to jail for doing this."
FOX43 is continuing to reach out to the Department of State and Commonwealth Court to try to get clear answers about how this all unfolded.
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