No doubt you have read about the Milwaukee dentist in the news because, allegedly, he went to Africa on safari where he and his guide used fresh meat to lure Cecil, a beloved lion that belonged to the Hwange National Park sanctuary, out of the protected territory. Then he shot Cecil with a bow and arrow. Afterward, the dentist and his guide chased Cecil down as Cecil tried to limp away for about two days. When the dentist and his guide caught up with Cecil, the dentist shot Cecil with a gun. Then Cecil was beheaded. Some of these facts are disputed by the guide.
There appears to be two different routes to bring the dentist to justice. First, the dentist can be extradited to Africa to face the justice system in Zimbabwe. Additionally, it might be possible to prosecute him in the United States in federal court using the Lacey Act, if certain facts develop after a full investigation.
Yesterday, officials in Zimbabwe charged the dentist with the same charges his guide is facing there. CNN reports that the dentist, his guide, and the owner of the land where the hunt took place are accused of an illegal hunt under Zimbabwe’s Parks and Wildlife Act. The dentist is accused of financing an illegal hunt, and he and the guide are also accused of illegally using a crossbow "to conceal the illegal hunt" so they wouldn't alert rangers on patrol. Although news reports indicate that the guide now faces up to 15 years in prison if convicted, it is not clear if the dentist’s charges will carry the same potential sentence.
The official Zimbabwe charges may allow the dentist to be extradited under a treaty Zimbabwe has with the United States. The treaty allows persons of interest to be extradited between the two countries in cases that include a conspiracy or attempt to commit a crime, aiding and abetting a crime, or being an accessory. Although the case could stay in United States courts for many years before extradition occurs, there are few options to avoid extradition.
Here in the United States, the Lacey Act outlaws the sale of wildlife that's been killed in violation of a U.S. or foreign law. Under the Lacey Act it is illegal "to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce ... any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law." Recently, in Los Angeles a businessman pleaded guilty to Lacey Act charges related to smuggling endangered abalone and the bladders of Totoaba fish.
Experts dispute whether it is enough to satisfy the 'purchase' requirement of the Lacey Act by hiring a guide, or other local services or to purchase a hunting license or permit overseas so that this occurs in 'interstate commerce.' Some experts believe that to prosecute the dentist under the Lacey Act the government must develop evidence to establish that the lion killer brought part of the lion back to the United States as a trophy. Still others believe it might be possible to show that the killer's actions indicate that he intended to violate the act or made an attempt to violate the act. Although representatives of the dentist claim he relied on a professional guide and believed all the necessary permits were obtained to make his hunt legal.
I support the World Wildlife Fund. If you murder a beloved lion, don't seek me out as your lawyer.
Readmore:http://www.businessinsider.com/did-walter-palmer-break-any-us-law-2015-7#ixzz3ha8fwe00
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established when a written retainer has been signed.
No comments:
Post a Comment