As Week 2 of the landmark trial against animal rights activist Zoe Rosenberg begins its fifth day, the courtroom remains deep in the jury selection process — with no jury yet seated. Judge Kenneth Gnoss addressed the potential panel, cautioning that the trial could extend through the end of October, and acknowledged the significant hardship this imposes. Over 80 jurors were questioned on both Thursday and Friday, with a large percentage claiming hardship, underscoring just how difficult seating a jury is proving to be.

Rosenberg, a Direct Action Everywhere animal cruelty investigator, affirms she took 4 chickens from a truck at Petaluma Poultry’s slaughterhouse, calling it a rescue of sick and suffering birds undertaken after repeated calls for law enforcement to investigate evidence of animal cruelty were ignored.

A pivotal series of pre-trial evidentiary rulings last week could heavily shape the outcome. Most notably, Judge Gnoss ruled that the defense is prohibited from introducing any of Direct Action Everywhere’s animal cruelty investigations prior to May and June of 2023, stating that it would be “unduly confusing” for the jury, except for the rescue of Rose. Rose was the single chicken law enforcement allowed to be rescued from a massive Direct Action Everywhere open rescue action in 2018, a chicken Zoe cared for and who has become a symbol of the open rescue movement and the namesake of Rose’s law, a proposed bill of rights for animals. See: https://www.roseslaw.org/

The court also rejected testimony from a proposed witness who would have detailed unsuccessful attempts to involve law enforcement in addressing animal cruelty allegations. Defense attorney Chris Carraway objected on the grounds of Rosenberg’s right to present a legal defense, to which Judge Gnoss dryly replied, “I note your continuing objection to the entire trial.”

Meanwhile, the prosecution lost on some key points. They are barred from referencing Measure J (a proposal to phase out animal factory farms that was defeated by voters in Sonoma County, where the trial is taking place) or the DxE investigation manual during their case-in-chief — though these may be brought up if Rosenberg takes the stand and her testimony opens the door.

Despite legal friction on both sides, a witness order was finally agreed upon: alleged Co-conspirator Raven Deerbrook, vet tech Carla Cabral, veterinarians Dr. Sherstin Rosenberg (who is also Zoe’s mother) and Dr. Daniela Castillo.

According to the criminal complaint, Rosenberg allegedly entered Petaluma Poultry four times and rescued the 4 chickens on one visit. As part of the conspiracy charge, it is alleged GPS trackers were placed on 12 animal delivery vehicles. Supporters from Direct Action Everywhere insist these actions were driven by moral urgency and supported by legal rights under California’s rescue and animal cruelty laws.

The company involved has denied all allegations of animal cruelty and has called Direct Action Everywhere an extremist group with a radical agenda to end animal agriculture. The company is invited on any time to comment further.

The trial is already shaping up to be a defining moment for open rescue, constitutional rights, and how far activists can go to expose alleged cruelty in factory farms. Now, UnchainedTV’s Jane Velez-Mitchell discusses the case with an expert panel and reporter Johnny Mora LIVE at the courthouse.