Wednesday, July 22, 2009

Van Hollen Must Read Illusory Tenant

I know that this is a bit dated, but I've been busy.

Wisconsin State Attorney General J.B. Van Hollen is following Illusory Tenant's sage legal advice and will be appealing the ruling that would allow the three deer killing thugs off of the felony charges:

Attorney General J.B. Van Hollen announced today that the Wisconsin Department of Justice will be seeking appellate review of two decisions recently entered in Waupaca County Circuit Court.

Robby and Rory Kuenzi were charged with multiple counts of felony animal mistreatment stemming from allegedly corralling and running down deer while riding snowmobiles in the town of Lind.

Waupaca County Circuit Court Judge Kirk and Judge Hoffman dismissed the animal mistreatment charges against the brothers, concluding that because the District Attorney’s Office had also charged the defendants with hunting violations, the statutes precluded prosecution for animal mistreatment.

Van Hollen stated, “We intend to pursue an appeal of the judges’ decisions because we believe the court erred in its interpretation of the relevant statutes.”

For all of Van Hollen's faults, it's good to see he recognizes a superior legal mind when he sees it.

In related news, State Representative Andy Jorgensen (D-Fort Atkinson) is proposing a bill to make it illegal to harass, threaten or kill wild animals with the use of a motor vehicle or boat:

In a statement, Jorgensen said it was necessary to close a loophole for "thrill kill" offenders after a series of incidents last winter. A Waupaca County judge last month dismissed felony charges of cruelty to animals against a man who was accused of running over and killing deer with his snowmobile in January. Similar charges are pending against two other men in the same incident in which four deer were found dead along a snowmobile trail south of Waupaca, and a fifth had to be euthanized.

"We may not be able to rid Wisconsin of these horrific crimes, but we can, however, look to the future by giving prosecutors the tools and the courts the flexibility to bring these violators to justice," Jorgensen's statement said.

The crime would be punishable with a Class I felony, which carries a penalty of up to three and a half years of probation or prison, a $10,000 fine and a mental health assessment. Those who commit such crimes using snowmobiles, all-terrain vehicles, motorboats or personal watercraft could have their registrations for such vehicles suspended or permanently revoked.

The bill also creates a mandatory reporting requirement for those who hit animals with off-road vehicles, Jorgensen said.

Earlier: State Representative Kaufert Stands Up For Justice

4 comments:

  1. Good. Although I'm certain Mr. Van Hollen doesn't need me to help him recognize a mistaken judgment when he sees one. Thanks for the vote of confidence, however.

    And kudos to ADA Fassbender for sticking to his guns -- so to speak -- as well.

    The third defendant was scheduled for a status conference today on, I presume, a similar motion to dismiss, but the court record isn't updated at the moment.

    Smart lawyering by the defense, but surely clearer heads will prevail. As I said earlier, it's perfectly reasonable for the State to charge both the misdemeanors and the felonies.

    There's no reason why the defendants couldn't have been committing both offenses separately, at different times during their outing.

    And I don't believe that some the activities described conform to anyone's idea of hunting, least of all the legislature's.

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  2. Also, you scooped the J-S:

    "A Waupaca County judge last month dismissed felony charges of cruelty to animals against a man who was accused of running over and killing deer with his snowmobile in January. Similar charges are pending against two other men in the same incident ..."

    No mention of the notice of appeal, and felony charges against the second defendant were dismissed July 6.

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  3. Small update for ya: The third defendant's proceedings are suspended pending the resolution of the State's appeal in the other two cases. He never got a chance to try and get his felony charges dismissed.

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