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Thread: Judge dismisses one case in Pt. Hope caribou investigation

  1. #1
    Forum Admin Brian M's Avatar
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    Default Judge dismisses one case in Pt. Hope caribou investigation

    http://www.alaskadispatch.com/dispat...bou-waste-case

    Brent Cole, Oktollik's attorney, successfully argued that the state had insufficient evidence to meet the legal standard required to prove its case. In an earlier decision, Judge Richard Erlich determined that to prove responsibility for the killing or "taking" of caribou, the state must be able to connect a specific dead animal to the specific actions of an accused hunter.

    "My client did not aid and abet anybody in any violations and he didn't commit any himself. That was always our position from the beginning," Cole said, reached at his office late this afternoon.
    The above is just an exerpt - the entire article is worth a read.

  2. #2
    Member sayak's Avatar
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    Default Not too surprised

    Wonder if his lawyer was one retained by the borough for the defendants.
    The best thing rural communities could do when a few of their population commit such atrocities is to make examples of them rather than coddle them. They would earn a lot more sympathy for subsistence if they did so.

  3. #3

    Talking

    Disheartening but certainly expected. The judge is using his position to vacate the case and not the law. Take a look at the definintion of Take and make up your own mind. Seems to me that there are probably a whole lot of folks that could petition the courts to vacate previous convictions on the basis the judge has cited in this case.

    No biggie, there is always next year. Maybe next time a "tough judge" will hear the next case. It's a coming. It is all so predictable, just like this one has been. Most of us knew the outcome, as the news was breaking. Read my signature line.
    Last edited by Brian M; 01-14-2010 at 13:12. Reason: personal comment
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  4. #4
    Member TWB's Avatar
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    Default

    If you folks were to parse through all of the cases from certain districts this really wouldn't come as a surprise. Although I did expect worse, Ehrlich can be heavy handed.
    We do not go to the green woods and crystal waters to rough it, we go to smooth it. We get it rough enough at home; in towns and cities; in shops, offices, stores, banks anywhere that we may be placed

  5. #5

    Talking

    Quote Originally Posted by TWB View Post
    If you folks were to parse through all of the cases from certain districts this really wouldn't come as a surprise. Although I did expect worse, Ehrlich can be heavy handed.
    Are you suggesting that he can be Selectively "heavy handed"?
    "96% of all Internet Quotes are suspect and the remaining 4% are fiction."
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    Member martentrapper's Avatar
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    Default

    What I read in the article makes sense to me. Rather then point fingers at the judge ( he was bought off............geesh) I would blame the state for bringing a poor case to court. Physical evidence should have been gathered for each defendant. Or, legal statements by others at the scene at that time.
    I'm sure we don't have the whole story behind this particular case. However, if evidence was lacking, not taking it to a jury was the right thing to do.
    I can't help being a lazy, dumb, weekend warrior.......I have a JOB!
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  7. #7

    Thumbs down

    Quote Originally Posted by martentrapper View Post
    , if evidence was lacking, not taking it to a jury was the right thing to do.
    Well....this judge saw to it that the state did not get to present the evidence now didn't he. Was that the "right thing to do"? I say NO NO NO. The evidence is presented at the time of trial, not in some closed door back room of the courthouse, with a borough attorney and a defendant pleading their case to the danged judge.
    Last edited by Brian M; 01-14-2010 at 13:12. Reason: personal comment
    "96% of all Internet Quotes are suspect and the remaining 4% are fiction."
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  8. #8

    Default So....?

    So, that makes what, 4 now that I have gotten off without any penalty? Not looking good for getting anything solid on the remaining guys. So much or making an example of this sad situation.

  9. #9
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    Default

    The Judge did as a Judge does.

    He didnt dissmiss the other 7.

    3 are getting sentanced in Feb. They pled Guilty, remember??

    When your brought into court, your are charged and asked if innocent or guilty, then another court date is set.
    This guy pled innocent and got a lawyer by some means.
    When you have a lawer , he/she and the prosacuter get together and send /exchange all eveidence. Often evidence hearings are held to discuss this stuff.

    Its called "Discovery"

    Then you go to trial and you have eveidence presented against you in items and witness's.
    Then it gos to trial, or gets a guilty plea without trial "or" it gets dismissed.

    The state had neither.


    Bought off or intemidated Akres? Thats another Joke, right??

    Sayak, subsistance hunting needs no sympathy.
    I guess the suck up to subsistance is what these pathetic sicko's want the public to think, please do not be fooled.

    And no sympathy for those who were not coddled but turned in by their people, and if you knew a few, you would know how little symapthy Point Hope people have for these guys.
    I think its fairly obvious that not takeing the meat discludes it being a subsistance hunt. They just cut off the heads, and took choice cuts, and that would be trophy hunting, wouldnt it?~~LOL!!~~.

    Kina like calling a "semi-auto" an "Assault rifle", when its not,(it needs to be selective fire to be an assault rifle proper) so it is a transvestite......
    looks the same outside, but the working parts are all wrong.
    If you can't Kill it with a 30-06, you should Hide.

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  10. #10
    Member broncoformudv's Avatar
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    Default

    stranger you sound well versed in what goes on in and out of court. From what I recall you have it down pat and that sounds like what happened in this case. That is a much more likely scenario than the judge was bought off.
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  11. #11
    Member lawdog's Avatar
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    Default Stranger...

    You should avoid giving lectures on the practice of law. As a criminal defense attorney here in NY, who has spent enough time (for me) in and around Kotz, I must say this whole process has been a joke from the beginning. If you think justice is being served in this case based upon normal and accepted practice in the rest of the State, then your out of your mind. The "Prosacuter" (sic) is obviously up against insurmountable odds in Point Hope. If this was in Palmer, there would be either a full trial or a plea agreement that disposed of these cases in a much more favorable way to the public.

  12. #12

    Default

    Quote Originally Posted by strangerinastrangeland View Post
    The Judge did as a Judge does.

    He didnt dissmiss the other 7.

    3 are getting sentanced in Feb. They pled Guilty, remember??
    True technically, but I wouldn't call what the other 3 who plead guiltly are getting as a "sentence" or some form of penalty. They got off scott free. I would place odds that I could get people bidding to be allowed to do what they admitted to doing and pay as much or more than their "fine", especially knowing they won't lose their hunting privelages. I can't necessarily blame the judge in those as the DA dropped the ball there.

  13. #13

    Default BS

    So a person can now shoot all the animals in AK and if he doesn't write his name on any of them or take them with him he can't be prosecuted for those acts.
    OH wait, I thought that's what this trial was about leaveing animals to rot on the tundra, NOT shooting them.
    SMOKE and MIRRORS at best doing lip service for the press !
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  14. #14
    Forum Admin Brian M's Avatar
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    Default

    Quote Originally Posted by anchskier View Post
    True technically, but I wouldn't call what the other 3 who plead guiltly are getting as a "sentence" or some form of penalty. They got off scott free.
    Whether the three that pled out get off scott free remains to be seen, anchskier. They have their sentencing hearing next month.

  15. #15

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    Quote Originally Posted by Brian M View Post
    Whether the three that pled out get off scott free remains to be seen, anchskier. They have their sentencing hearing next month.
    True. I was just going off what was published as their plea deal, a $1,360 dollar fine and 20-50 hours of "community service" to be served (and signed off for) buy the elders who claimed initially that they didn't do anything wrong in the first place. I wonder if they will even wait for enough hours to have passed before they have signed off that they "did their time"?

    I'm not keeping my hopes up on this one, but you never know.

  16. #16
    Member TWB's Avatar
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    Quote Originally Posted by Akres View Post
    Are you suggesting that he can be Selectively "heavy handed"?
    From observation, he has a history for puttin the f'n smack down. Yet I've also seen a guy sentenced to 18mo in jail for murder.
    We do not go to the green woods and crystal waters to rough it, we go to smooth it. We get it rough enough at home; in towns and cities; in shops, offices, stores, banks anywhere that we may be placed

  17. #17
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    Not surprised at all the way this turned out. What happens in the bush stays in the bush, as long as your from the bush... if you don't live out in the bush your not special.
    "Ya can't stop a bad guy with a middle finger and a bag of quarters!!!!"- Ted Nugent.

  18. #18
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    Angry

    TWO WORDS...

    POINT HOPELESS

    Taylor

  19. #19
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    Now that the case is moving, I remember some here complaining it wasn't moving fast enough......

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    Default

    No suprise here. Not at all

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