CSI Yellowstone, or Whatever Happened to Bambi?
One bizarre unpublished criminal case.
US v. Belderrain, No. 08-8016: Government officials learned about an elk's head in a taxidermist's shop in Montana. In the investigation, Mr. Belderrain, the taxidermist, and others told the government that Mr. Belderrain had shot the elk in the Buffalo Horn drainage, an area outside Yellowstone National Park, while Mr. Belderrain was on an outfitting expedition. He entered into a plea agreement with the US Attorney's office in Montana that provided that, once Mr. Belderrain had pled guilty to state charges connected with the dead elk, he would not be referred to the US Attorney's office for the district of Montana for prosecution but that new information concerning violation of federal wildlife and/or criminal statutes would be referred for federal prosecution. Mr. Belderrain pled guilty to state charges of possessing unlawfully taken elk antlers and illegalities in the outfitting expedition. At the time of the plea, the government also knew that a headless elk carcass had been found near the National Park. Several months' later, the government linked the elk's head to the carcass, and prosecuted Mr. Belderrain for poaching.
The straightforward issue on appeal is whether the prosecution by the district of Wyoming violated the plea agreement reached with the district of Montana. The Court says no, basically because Mr. Belderrain lied about where he shot the elk. However, some interesting points are made along the way. One issue is, if all this happened in Montana, why did the district of Wyoming have jurisdiction? A footnote explains that, although the elk met its fatal end while standing in Montana outside of Yellowstone, Mr. Belderrain was standing inside Yellowstone when he shot it. He subsequently transported the head and antlers into and through the park, thereby possessing a firearm and illegally taken wildlife within Yellowstone National Park. Apparently the districts of Wyoming and Montana have joint jurisdiction over all of Yellowstone. Second, how did the government know the head in the taxidermist's shop belonged to the carcass? DNA tests.
US v. Belderrain, No. 08-8016: Government officials learned about an elk's head in a taxidermist's shop in Montana. In the investigation, Mr. Belderrain, the taxidermist, and others told the government that Mr. Belderrain had shot the elk in the Buffalo Horn drainage, an area outside Yellowstone National Park, while Mr. Belderrain was on an outfitting expedition. He entered into a plea agreement with the US Attorney's office in Montana that provided that, once Mr. Belderrain had pled guilty to state charges connected with the dead elk, he would not be referred to the US Attorney's office for the district of Montana for prosecution but that new information concerning violation of federal wildlife and/or criminal statutes would be referred for federal prosecution. Mr. Belderrain pled guilty to state charges of possessing unlawfully taken elk antlers and illegalities in the outfitting expedition. At the time of the plea, the government also knew that a headless elk carcass had been found near the National Park. Several months' later, the government linked the elk's head to the carcass, and prosecuted Mr. Belderrain for poaching.
The straightforward issue on appeal is whether the prosecution by the district of Wyoming violated the plea agreement reached with the district of Montana. The Court says no, basically because Mr. Belderrain lied about where he shot the elk. However, some interesting points are made along the way. One issue is, if all this happened in Montana, why did the district of Wyoming have jurisdiction? A footnote explains that, although the elk met its fatal end while standing in Montana outside of Yellowstone, Mr. Belderrain was standing inside Yellowstone when he shot it. He subsequently transported the head and antlers into and through the park, thereby possessing a firearm and illegally taken wildlife within Yellowstone National Park. Apparently the districts of Wyoming and Montana have joint jurisdiction over all of Yellowstone. Second, how did the government know the head in the taxidermist's shop belonged to the carcass? DNA tests.
posted by Anonymous at 4:20 PM
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