welndmn
03-02-2001, 03:53 PM
Subject : Move a frog and go to jail http://www.townhall.com/columnists/debrasaunders/ds20010227.shtml
February 27, 2001
Move a frog, go to jail
If the feds had their way, environmental consultant John J. Zentner, 46,
would be in jail right now. One of his cell brethren eventually would ask,
"What are you in for?"
"Moving frogs," he could say.
The Orinda, Calif., resident and his company pleaded guilty to three
misdemeanor counts of violating the federal Endangered Species Act. He
agreed to serve 200 hours of community service, to have his firm pay a fine
of $65,000 and to pay a personal fine of $10,000. All for moving some 60
California red-legged frogs and 500 tadpoles from a watercourse to a pond.
But that wasn't enough for the hang-em-high Department of Justice. The
prosecutor asked a federal magistrate to sentence Zentner to 10 days in
jail, because of "the serious nature of the defendant's crime."
Yes, the Ribbit Police wanted Zentner to pay a stiffer punishment than what
is meted to most first-time drunk drivers, who endanger human lives.
Judge Wayne Brazil wisely determined Zentner didn't need to do jail time.
Zentner's life of crime began in 1999. Wildlife officials told him that
they
believed red-legged frogs -- made famous in Mark Twain's story "The
Celebrated Jumping Frog of Calaveras County" -- were on a development site
for which he was a consultant. But Zentner told them they were wrong. Later,
he failed to notify authorities after his employees told him they had seen
said frogs, which are protected by the Endangered Species Act.
Months later he moved the frogs to the pond. "It was arrogant," Zentner
noted, even as he said he thought the law allowed him to do so.
The Feds argued that Zentner intentionally violated the law to save his
client from a six to one year delay in construction. (Zentner says no, but
it is easy to see why the Feds would believe someone would rather move frogs
than delay development for months.)
Zentner's attorney Bill Goodman notes that if his client wanted to expedite
development, "There was obviously a blatantly wrong alternative, which was
to allow the frogs to be bulldozed into oblivion."
Of course, the Feds have to enforce even dumb laws -- but they don't need
to
over-enforce laws. Zentner's legal fees, fines and community service are
punishment aplenty.
Especially when court documents indicate that Kermit and his buddies are
living large in the pond. After all, if frogs croak free, why should Zentner
sit in stir?
Is this what Mark Twain would have wanted?
Zentner hopes that his punishment serves as a warning to people who don't
take the Endangered Species Act seriously. It should.
Meanwhile, another worthy result would be if President Bush's call for
common sense in government spells an end to such prosecutorial excesses.
The
name of the department is Justice, but after the way it handled the Zentner
case, one is tempted to nickname the department Warts.
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted
material herein is distributed without profit or payment to those who have
expressed a prior interest in receiving this information for non-profit
research and educational purposes only. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml
------------------
WELNDMN!WELNDMN!WELNDMNWELNDMN!
ahh screw it call me Mark :D
No matter what you do or say someone will take it too seriously
February 27, 2001
Move a frog, go to jail
If the feds had their way, environmental consultant John J. Zentner, 46,
would be in jail right now. One of his cell brethren eventually would ask,
"What are you in for?"
"Moving frogs," he could say.
The Orinda, Calif., resident and his company pleaded guilty to three
misdemeanor counts of violating the federal Endangered Species Act. He
agreed to serve 200 hours of community service, to have his firm pay a fine
of $65,000 and to pay a personal fine of $10,000. All for moving some 60
California red-legged frogs and 500 tadpoles from a watercourse to a pond.
But that wasn't enough for the hang-em-high Department of Justice. The
prosecutor asked a federal magistrate to sentence Zentner to 10 days in
jail, because of "the serious nature of the defendant's crime."
Yes, the Ribbit Police wanted Zentner to pay a stiffer punishment than what
is meted to most first-time drunk drivers, who endanger human lives.
Judge Wayne Brazil wisely determined Zentner didn't need to do jail time.
Zentner's life of crime began in 1999. Wildlife officials told him that
they
believed red-legged frogs -- made famous in Mark Twain's story "The
Celebrated Jumping Frog of Calaveras County" -- were on a development site
for which he was a consultant. But Zentner told them they were wrong. Later,
he failed to notify authorities after his employees told him they had seen
said frogs, which are protected by the Endangered Species Act.
Months later he moved the frogs to the pond. "It was arrogant," Zentner
noted, even as he said he thought the law allowed him to do so.
The Feds argued that Zentner intentionally violated the law to save his
client from a six to one year delay in construction. (Zentner says no, but
it is easy to see why the Feds would believe someone would rather move frogs
than delay development for months.)
Zentner's attorney Bill Goodman notes that if his client wanted to expedite
development, "There was obviously a blatantly wrong alternative, which was
to allow the frogs to be bulldozed into oblivion."
Of course, the Feds have to enforce even dumb laws -- but they don't need
to
over-enforce laws. Zentner's legal fees, fines and community service are
punishment aplenty.
Especially when court documents indicate that Kermit and his buddies are
living large in the pond. After all, if frogs croak free, why should Zentner
sit in stir?
Is this what Mark Twain would have wanted?
Zentner hopes that his punishment serves as a warning to people who don't
take the Endangered Species Act seriously. It should.
Meanwhile, another worthy result would be if President Bush's call for
common sense in government spells an end to such prosecutorial excesses.
The
name of the department is Justice, but after the way it handled the Zentner
case, one is tempted to nickname the department Warts.
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted
material herein is distributed without profit or payment to those who have
expressed a prior interest in receiving this information for non-profit
research and educational purposes only. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml
------------------
WELNDMN!WELNDMN!WELNDMNWELNDMN!
ahh screw it call me Mark :D
No matter what you do or say someone will take it too seriously