Actual AA trial reports from 20 april + comments
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    Default Actual AA trial reports from 20 april + comments

    AA cases NR trials 20 April, 2012
    There are/were about 21/22 actual NR [ Natural Resources ] case numbers, this month.
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    Summary of NR cases NR =[ Natural Resources ] cases Actual Trial Results:
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    8 defendants Failed to Appear- issued various warrants: IE 8 defendants failed to pay fines or show up. Comment: This reminds me of previous NR Court Dates; a disturbing percentage, of defendants are “biting their thumbs” [ see footnote 1 ]. If I were the Judge I would be irritated. If I were one of the Ten or so Fine DNR Officers, who were present, to testify, I would feel frustrated waste my time.... Comment: [ Apparently ] The Defendants are not taking this seriously. As in previous months fourty - fifty percent do not come to Court!
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    8 defendants did come to Court.
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    2 defendants paid fines before court.
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    Verdict Summary:
    12 Guilty Verdicts: 1 (PBJ) Probation Before judgement
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    Mr. Smith III was clearly the winner / loser this day. He was found guilty 5 times. Sadly He is a commercial fisherman with previous NR guilty verdicts. Comment : Mr. Smith IV, the younger Smith man was found guilty once. Apparently the Smiths have a family tradition going. See footnote 2.

    1 Probation before judgement (PBJ). Comment: This probation Before Judgment amounted to a nod toward Pa. The defendant BRANDT, M. was from Pa... He was respectful enough to come to Court. He explained that He did not know that Alcohol was forbidden in the Md. Park. Lt. Beth Mauck testified, that there are several signs prominently posted, forbidding Alcohol. The Judge kindly gave the young gentleman “a pass.”
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    Comment: Numerous other defendants, provided various excuses, and mitigating factors: The Judge was respectful, but Firm. In my opinion, This is a “law and order” Judge. Opinions vary, this Court whacked Smith III with $ 1105.00 in fines. To call that a slap on the wrist, would be to misrepresent facts. In my opinion, a message is being sent!
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    (FTA) 5Y 6616 5720 SCOTT A. FEM CRABS Bench Warr
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    1Y 6616 0158 SMITH J.E. III: Request : Continuance delay: Denied Judge Johnson said “ you had time to get an attorney”.
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    1Y 6616 0158 SMITH J.E. III Plead Guilty Striper comm Guilty $500.00
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    2Y 6616 0152 SMITH J.E. III Plead Guilty No TFL Displ on veh Guilty-$5.00
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    3Y 6616 0153 SMITH J.E. III Plead Guilty Unattended nets/fail drift net Guilty-$150.00
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    5Y 6616 0155 SMITH J.E. III Plead Guilty Possess 6 stripped bass Guilty-$150.00
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    6Y 6616 0156 SMITH J.E. III Plead Guilty No strip bass allocation Guilty-$300.00
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    .................................................. ......................................
    (Younger Relative to J.E. Smith III) 4Y 6616 0154 SMITH J.E. IV Plead Guilty Unattended nets/fail gill nets Guilty-$150.00
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    FTA 3Y 6616 0160 SOLAN D. Fish w/o Chea Bay SF LIC DNR Warrant
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    FTA 2Y 6614 9673 THOMPSON, T. Spding Great/Posted 45/25 Bench Warrant (Prior DNR Warr)
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    FTA 2Y 6616 0159 WHITMAN C. Fish w/o Chesa Bay SF LIC DNR Warrant
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    FTA 2Y 6616 0194 BOUSQUER J. JR. Posses 1Fem Crab Rec Bench Warrant (Prior DNR Warr)
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    FTA 0Y 6616 5232 CHRISTIAN, E. III Did fish crab pots of another Bench Warrant (Prior DNR Warr)
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    2Y 6617 1492 DOWNEY, J. Exceeded Posted Speed Lmt Guilty $50.00
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    Not enough PFD’s (Personal Floatation Device) DOWNEY, J. Guilty-$25.00

    Fine Paid 3Y 6617 1633 MIDDLETON, J. ISUFF # of Appr. PFD’S [(Personal Floatation Device) ]Prior Paid Fine Paid
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    Fine Paid 5Y 0000 9868 MILLER, L.L Fish w/o Ches. Bay S.F. LIC.
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    Defendant alleged he didn’t know alcohol not allowed in park 0Y 6613 5846 BRANDT, M. Posses Alc Non Desig Area PBJ-$25.00
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    FTA 6Y 6613 5845 KEMP, R. Posses Alc Non Desig Area DNR Warrant
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    4Y 6616 5215 MARTINOLO, A. Plead Guilty Hunting on private lands Guilty-$150.00
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    5Y 6616 5216 MULLIN, F. JR. Hunting on private lands Guilty-$200.00
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    6Y 6616 5217 MULLIN, F. JR. Fail to Wear Flor. Orange Guilty-$100.00
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    Too many shells, Wrong shells 1Y 6616 5583 WATKINS, D.Hunt w/shotgun more than 3 Guilty-$100
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    FTA Lyles, Clarence Some Warrant Issued
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    Summary of NR cases NR = [ Natural Resources ] cases

    Alcohol NR = 2 matters
    Crab viol NR = 3 matters
    Fish viol NR = 4 defendants 9 case numbers. (5 are Smith III: 1: Younger Smith IV)

    Speed / pfd NR = 3 matters

    Total = NR = 16/17 defendants 12 guilties, one PBJ.
    ...................................

    footnote 1. Act 1 Scene 1, Romeo and Juliet, Shakespeare. circa 1597. Actor Sampson: “ Nay, as they dare. I will bite my thumb at them; which is a disgrace to them, if they bear it.”

    footnote 2. Many TF Tidal Fish readers are and have been interested in protecting the resource, the estuary, the fish, and the water. Kimbro’s recent book ( Ches Light Tackle ) [ a great read, and good philosophy ], attempts to make the case that we the
    fishermen ourselves must take actions to protect the fish. Sweetwater Slim, Shaddart 2004, and dozens, hundreds of others have explained what they are personally doing. Wild Bill, Steve L, and numerous others have written rather eloquently, about
    Their concerns, and issues that are important. I granger [tomglenburnie] have applied my abilities, skills and tried to make a positive difference. I am reporting honestly and accurately that the Smith Family, out of shady side Md, was/were found guilty of six violations of the NR laws. I was present in the Courtroom, on 20 April. You can get the transcript and hear every word, of trial. I am telling the public, the fishermen, the Legislators, the Governor, that we have a problem. We have a cultural Problem, when our licensed fishermen repeatedly, and professionally violate the NR laws. In my opinion, the Judge was fair, and even kind to the Smith Men. I ask you the readers, the public, the fishermen and the citizens, how do we influence other citizens to stop raping the bay? I ask you what should we the citizens do? What can we do?

    General comments about goals, and hopes:

    I want to make it clear, that the Smith men, are only part of the problem. Their actions show what is happening all around the bay. It is fair and accurate to say that the Smith men [ and their actions ] are examples of what we do not want. I am not trying to hurt them personally. I do not know them. The DNR caught them [ do not know how ].

    This is not about western shore against eastern shore. This is not about trying to discredit certain individuals, or commercial fishermen. This is not about trying to smear commercial fishermen or watermen in general. I am reporting the cases from AA county, [ and all of them ]. You can be certain that my reports will be accurate, and honest. If I know [ for sure ] that a certain restaurant has been found guilty of buying, and serving illegal fish. I will report the case number, and the details. I may make comments, as in this matter.

    My goal is to open the doors of the Courthouse, so that you can read and easily understand the true facts of What has transpired. I ardently hope that other citizens will do the same kind of reporting in other counties. Do you care about the bay? If yes, think about how you could help in this effort. Go to Court in your own county. Post a report. Let others know what you have seen with your eyes. Make a time, effort, work contribution. Make comments, Your opinion might be influential and well respected.

    My goal is to inform the citizens, and hopefully to influence public opinion, toward helping the bay, helping the fish. Many citizens agree with what I am trying to do. Some hate me. I am honestly trying to do some good with my law license. I hope to never read again that people were raping an oyster sanctuary on a foggy morning.

    Good luck to you Marylanders out there! Tight lines to the fishermen! People who are taking more than your fair share: it is time to reevaluate your future plans. Polluters should think about the harm you are doing. With respect to all and Malice toward none, Thomas Granger tomglenburnie
    Last edited by TomGlenBurnie; 04-29-2012 at 11:21 AM. Reason: Improve

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  3. #2
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    CORRECTION:
    .
    Granger made mistake regarding 0y66160157 Middleton Joshua Bryan incorrectly listed as not enough PFD's... sorry. no harm intended.
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    . correct listing would have said : Citation written by Officer Tustin 03/04/2012, fine paid 4 12 2012.
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    0y66160157 Middleton Joshua Bryan possess undersize oysters: Fine $ 300 paid ; Amounts to a guilty . sorry for error. tom g
    ... for what it is worth.... this one is only NR case listed for Mr. Middleton, no intention to do any harm, just correcting error.

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    The fines do seem to be a slap on the wrist for Smith III. $150 for 6 Striper? Not much of a fine for poaching. You get a higher fine for going over the speed limit or throwing out a candy wrapper.

    And to think I'm worried about making sure I have the right hooks and such. What would that be? A $5 fine? I'd bet the fine for using hte wrong hooks would be as high as what this guy paid for poaching fish. To me it shops how scewed the system is and needs to be fixed.

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    Tom - thank you for posting this.

    IMHO - the more fishermen hear about these low fines - the madder they will get.

    $150.00 for six Rock taken out of season - that's only $25.00 per fish. Should be $250.00 for first one , $500.00 for second one , etc.

    $25.00 each does little to deter poachers.
    They say that life's a carousel - spinning fast, you've got to ride it well.

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