Picked this up on another forum and thought if I'd share it here.
All I can say is WOW!!!
I copied & pasted the letter to the editor. The actual link is below.
Marc Roberg, Afton
To the editor:
In May of 2010, what I believe was a travesty of justice was perpetrated on the citizens of Taylor County. This decision may have severe consequences for the future.
A District court judge dismissed charges on 12 individuals at the request of the Clerk of Court. The charges stemmed from an incident in January of 2009.
On January 17, 2009 the conservation officer assigned to Taylor County received several complaints of a very large group of deer hunters just northwest of Bedford.
Witnesses reported that the group was using vehicles to hunt deer and were shooting rifles from the roadway and near residences. When officers arrived they found numerous rifle casings on the roads and 2 antlered bucks and 2 does that had been shot and left in the fields.
This was the antlerless deer season.
Through witness reports of license numbers and vehicle descriptions, officers were able to track down the individuals involved in this hunting complaint. The officers found that there were at least 22 participants involved.
Through interviews with these people, officers got written statements and admissions that corroborated the witness reports of using motor vehicle to hunt deer. Several individuals admitted shooting rifles from or across the roads. Several in the group also admitted the use of CB radios to coordinate the hunt.
License records checks showed that several people involved were not properly licensed to hunt. While there were numerous wildlife violations, the most troubling part was the total lack of concern and respect for residents of the area and the total disregard of safety and hunter ethics exhibited by the members of the hunting group.
Conservation officers investigated the incident thoroughly. Statements were taken, cell phones were seized for evidence, and guns were seized for testing at the Division of Criminal Investigation Lab. Due to delays at the DCI lab, no enforcement actions were taken until January of 2010.
During this time, one of the witnesses was harassed by a member of this hunting group. After the results from the Lab were received, the officers presented a list of charges to the County Attorney. The County Attorney decided what charges would be filed.
After being charged by the officers, all of the defendants requested jury trials. Two trial dates were set, with one being moved to Adams County due to one of the defendant’s employment at the Taylor County courthouse.
At the request of the County Attorney, all guns were returned to the defendants in the spring of 2010. One week after the last gun was returned, the Taylor County officer was told by a third party the rumor was all of the charges had been dismissed by a district court judge.
The next day the officer was notified by the county attorney’s office the charges had been dismissed by District Court Judge Lloyd. The judge cited budgetary problems and simple misdemeanor jury trials to be of a low priority.
When asked, the Taylor County Clerk of Court stated that she talked to the district court judge about the dismissals and requested them. She also stated that she had talked about the possibility of dismissing the cases to both the Adams and Taylor county magistrates and attorneys weeks prior to the dismissal.
The Clerk of Court stated not having enough help as the primary reason. She also said since she was leaving her employment with the Clerk’s office in July, she did not want to burden the incoming clerk with the trials.
The district court judge stated budgetary reasons for the dismissals and admitted to not reviewing the cases or conferring with anyone except the Clerk of Court.
I do not believe the County Attorney advocated the State’s position for justice in this case. The Department of Natural Resources tried unsuccessfully to get a judicial review for reinstatement of the cases from the State Attorney General’s office.
The officers followed standard procedures and the letter of the law, throughout the whole case, from interviewing suspects to the seizure of the firearms to filing charges.
As law-biding hunters, citizens and other law enforcement officers, you should be concerned as to what kind of message this sends to both the violators and the people who turn in those violators.
Where is the justice?
There has been a lot of rumor and speculation about this case due to its duration and who the defendants were. The dismissals were not because of lack of evidence, nor legal or evidentiary errors made by the officers.
They were dismissed by a judge who did not even review the case or the charges. I felt the public should know what happened and what can happen with our justice system.
http://www.southwestiowanews.com/ar...a/opinion/doc4c6d66c5b93dc735380641.txt#small
All I can say is WOW!!!
I copied & pasted the letter to the editor. The actual link is below.
Marc Roberg, Afton
To the editor:
In May of 2010, what I believe was a travesty of justice was perpetrated on the citizens of Taylor County. This decision may have severe consequences for the future.
A District court judge dismissed charges on 12 individuals at the request of the Clerk of Court. The charges stemmed from an incident in January of 2009.
On January 17, 2009 the conservation officer assigned to Taylor County received several complaints of a very large group of deer hunters just northwest of Bedford.
Witnesses reported that the group was using vehicles to hunt deer and were shooting rifles from the roadway and near residences. When officers arrived they found numerous rifle casings on the roads and 2 antlered bucks and 2 does that had been shot and left in the fields.
This was the antlerless deer season.
Through witness reports of license numbers and vehicle descriptions, officers were able to track down the individuals involved in this hunting complaint. The officers found that there were at least 22 participants involved.
Through interviews with these people, officers got written statements and admissions that corroborated the witness reports of using motor vehicle to hunt deer. Several individuals admitted shooting rifles from or across the roads. Several in the group also admitted the use of CB radios to coordinate the hunt.
License records checks showed that several people involved were not properly licensed to hunt. While there were numerous wildlife violations, the most troubling part was the total lack of concern and respect for residents of the area and the total disregard of safety and hunter ethics exhibited by the members of the hunting group.
Conservation officers investigated the incident thoroughly. Statements were taken, cell phones were seized for evidence, and guns were seized for testing at the Division of Criminal Investigation Lab. Due to delays at the DCI lab, no enforcement actions were taken until January of 2010.
During this time, one of the witnesses was harassed by a member of this hunting group. After the results from the Lab were received, the officers presented a list of charges to the County Attorney. The County Attorney decided what charges would be filed.
After being charged by the officers, all of the defendants requested jury trials. Two trial dates were set, with one being moved to Adams County due to one of the defendant’s employment at the Taylor County courthouse.
At the request of the County Attorney, all guns were returned to the defendants in the spring of 2010. One week after the last gun was returned, the Taylor County officer was told by a third party the rumor was all of the charges had been dismissed by a district court judge.
The next day the officer was notified by the county attorney’s office the charges had been dismissed by District Court Judge Lloyd. The judge cited budgetary problems and simple misdemeanor jury trials to be of a low priority.
When asked, the Taylor County Clerk of Court stated that she talked to the district court judge about the dismissals and requested them. She also stated that she had talked about the possibility of dismissing the cases to both the Adams and Taylor county magistrates and attorneys weeks prior to the dismissal.
The Clerk of Court stated not having enough help as the primary reason. She also said since she was leaving her employment with the Clerk’s office in July, she did not want to burden the incoming clerk with the trials.
The district court judge stated budgetary reasons for the dismissals and admitted to not reviewing the cases or conferring with anyone except the Clerk of Court.
I do not believe the County Attorney advocated the State’s position for justice in this case. The Department of Natural Resources tried unsuccessfully to get a judicial review for reinstatement of the cases from the State Attorney General’s office.
The officers followed standard procedures and the letter of the law, throughout the whole case, from interviewing suspects to the seizure of the firearms to filing charges.
As law-biding hunters, citizens and other law enforcement officers, you should be concerned as to what kind of message this sends to both the violators and the people who turn in those violators.
Where is the justice?
There has been a lot of rumor and speculation about this case due to its duration and who the defendants were. The dismissals were not because of lack of evidence, nor legal or evidentiary errors made by the officers.
They were dismissed by a judge who did not even review the case or the charges. I felt the public should know what happened and what can happen with our justice system.
http://www.southwestiowanews.com/ar...a/opinion/doc4c6d66c5b93dc735380641.txt#small
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