Trial Dismissed Against Sanctuary Owner Who Faced Jail Time For Rescuing Two Cows In Need

In a stunning turn of events today, the criminal trial against Tracy Murphy, the owner of Asha’s Farm Sanctuary in Newfane, NY, was dismissed by the presiding judge. The case centered around Murphy’s compassionate decision to care for two loose cows that wandered onto her property.

The dismissal follows a ruling yesterday by Judge Gary Strenkoski that suppressed all evidence about the cows, as a result of constitutional violations by law enforcement during the investigation. The suppression ruling left prosecutors unable to try their case, resulting in today’s dismissal.

The situation unfolded when two cows, whom Murphy affectionately named Ishmael and Little Willow, found their way onto the sanctuary’s grounds. Demonstrating her commitment to animal welfare, Murphy promptly contacted the Society for the Prevention of Cruelty to Animals (SPCA) to ensure the cows received proper care. This act of kindness, however, inadvertently led to a legal battle, which has now concluded with the case’s dismissal due to the procedural missteps of the authorities involved.

“This is a crucial vindication of the work that Ms. Murphy does. Asha’s Farm Sanctuary demonstrates that we can have relationships with farmed animals other than using them as food; we can choose to allow them to live in peace. Here, an intense focus on killing these two cows led to a combination of improper behaviors by law enforcement that undermined the criminal prosecution. Compassion would have led to a better outcome for all involved,” said Justin Marceau, counsel for Ms. Murphy, the Director of the Animal Activist Legal Defense Project, and a law professor at the University of Denver law school.

Specifically, 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. Moreover, 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, New York State Trooper Scott Gregson— a fact that defense attorneys learned only two days before yesterday’s hearing.

Additionally, text messages about the case, sent between Gregson and an officer of SPCA, which were required to be disclosed, were instead suspiciously deleted. In suppressing all evidence about the cows, Judge Gary Strenkoski expressed disappointment in law enforcement investigators.

When the cows arrived on her property, in July 2022, Ms. Murphy immediately reported them to the local SPCA and provided them with care. When Gregson contacted Ms. Murphy – a week after they arrived – on the advice of her attorney she requested proof of ownership.

A few days later, Gregson arrived on Ms. Murphy’s property with his family, including his children, and law enforcement, but without proof of ownership. Law enforcement did not have a warrant. Ms. Murphy again requested proof of ownership and, when it was not provided, asked repeatedly that everyone leave her property. She instructed law enforcement to contact her lawyer, but an officer continued to question her.

A week later, police returned to her property with a warrant, seized the cows, and arrested Ms. Murphy. She was taken to jail, held in shackles when she appeared in court, charged with grand larceny, which carried up to seven years in prison and a $5,000 fine. Since then, Ms. Murphy has been subjected to a gag order, protests at the sanctuary (which is also her home), death threats, and other harassment. The charge was eventually reduced to petit larceny, carrying up to a year in jail and a $1,000 fine.

Tracy Murphy’s unwavering dedication to caring for Ishmael and Little Willow exemplifies the deep compassion that animal sanctuaries embody in their mission to protect animals in need. With law enforcement reflecting on procedural missteps, Asha’s Farm Sanctuary stays committed to saving animals. This outcome clears Ms. Murphy legally and strengthens discussions on the rights of individuals in animal protection.

A timeline of significant dates and legal proceedings in this case is available HERE.