Judge considers Snowball case but makes no decision
1 Comments Published by Pioneer Staff on Wednesday, October 24, 2007 at 5:15 PM.
By Abby Sewell
Molalla Pioneer
Can a deer fall in the same category as a sawed-off shotgun, an unlicensed pack of cigarettes or a bottle of moonshine?
That was the question of the day in the Clackamas County courthouse, where attorneys for the Oregon Department of Fish and Wildlife and the family of Jim Filipetti and Francesca Mantei argued over whether the ODFW should return a doe that was seized from Filipetti's home near Molalla.
After three hours of testimony, Judge Eve L. Miller said she needed more time to study the case. She expected to make a decision by tomorrow morning.
Filipetti's attorney Geordie Duckler filed a complaint last Monday, arguing that the ODFW seized the deer, Snowball, as evidence of a crime that was never prosecuted. The warrant issued for Snowball's seizure on Sept. 12 was for the purpose of gathering evidence that the Filipetti family was illegally holding wildlife without a permit.
However, the Clackamas County District Attorney's Office never pressed charges in the matter, and the ODFW has held the doe in custody ever since, along with her yearling son Bucky, which was released into the wild earlier this month.
Duckler said that Snowball is no longer needed as evidence and legally must be returned to her former custodians.
However, Oregon Department of Justice attorney Matthew Donohue, representing the ODFW, said the deer falls into the category of contraband, items that are not legal for the public to possess at all, and that all wildlife in Oregon belongs to the state.
Even if the deer is returned to Filipetti, Duckler acknowledged, the family could still run into legal troubles for possessing her without a permit. But that issue was not the focus of today's hearing.
"Even though, technically, we could get the deer back and the very next minute, they could get a warrant to charge us with the crime of unlawful possession of wildlife, they'll have to convince a district attorney to prosecute it," he said.
Filipetti said he was feeling optimistic at the end of the day in court.
"I just want Snowball back -- I think that's the best place for her," he said. "... They can prosecute me all day, but I just want Snowball back."
Ron Anglin, ODFW's wildlife division adminstrator, could not say what the agency's next step would be but did not rule out the possibility of attempting to press charges against Filipetti and Mantei in the future.
Molalla Pioneer
Can a deer fall in the same category as a sawed-off shotgun, an unlicensed pack of cigarettes or a bottle of moonshine?
That was the question of the day in the Clackamas County courthouse, where attorneys for the Oregon Department of Fish and Wildlife and the family of Jim Filipetti and Francesca Mantei argued over whether the ODFW should return a doe that was seized from Filipetti's home near Molalla.
After three hours of testimony, Judge Eve L. Miller said she needed more time to study the case. She expected to make a decision by tomorrow morning.
Filipetti's attorney Geordie Duckler filed a complaint last Monday, arguing that the ODFW seized the deer, Snowball, as evidence of a crime that was never prosecuted. The warrant issued for Snowball's seizure on Sept. 12 was for the purpose of gathering evidence that the Filipetti family was illegally holding wildlife without a permit.
However, the Clackamas County District Attorney's Office never pressed charges in the matter, and the ODFW has held the doe in custody ever since, along with her yearling son Bucky, which was released into the wild earlier this month.
Duckler said that Snowball is no longer needed as evidence and legally must be returned to her former custodians.
However, Oregon Department of Justice attorney Matthew Donohue, representing the ODFW, said the deer falls into the category of contraband, items that are not legal for the public to possess at all, and that all wildlife in Oregon belongs to the state.
Even if the deer is returned to Filipetti, Duckler acknowledged, the family could still run into legal troubles for possessing her without a permit. But that issue was not the focus of today's hearing.
"Even though, technically, we could get the deer back and the very next minute, they could get a warrant to charge us with the crime of unlawful possession of wildlife, they'll have to convince a district attorney to prosecute it," he said.
Filipetti said he was feeling optimistic at the end of the day in court.
"I just want Snowball back -- I think that's the best place for her," he said. "... They can prosecute me all day, but I just want Snowball back."
Ron Anglin, ODFW's wildlife division adminstrator, could not say what the agency's next step would be but did not rule out the possibility of attempting to press charges against Filipetti and Mantei in the future.
glad to here your getting the doe back!