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Citizen loses much defending himself against the DNRBy DanaP, Section News
Crossposted from Save My Michigan
The following story is posted over on my site and is in the words of "John Ingersoll", the citizen who has gone through this. The only information I withheld was the name of the officers involved. There is always two sides to a story... However, for someone to lose his business, his reputation, etc., and have the responsible party(s) not even look into this in a timely manner is a complete injustice.
Does the DNR Condone misconduct by Officers?
I have been a hunter for over 25 years, but never in my years of hunting, have I ever experienced such an unusual sight as the one I did in Emmet County on December 19, 2004. It was an 8 point, 98 % white whitetailed deer! Now before we get off track, this deer was a legal piebald deer. It was partially white and did not have pink eyes like an albino deer would exhibit. I would like to share my experience about my unusual harvest and the problems that incurred. I would like to start with educating others on the legal and genetic definition of albino deer, white deer and piebald deer. The Wildlife Conservation Act Order states - 3.100(2) It shall unlawful for a person to take or possess, at anytime, an albino deer, being a deer with all white or colorless hair, or a deer with a coat of all white hair similar to an albino deer. Piebald, or partially white deer, may be taken under the provisions of this order. Legal Description
* Albino "True albinism is due to lack of pigment. A true albino deer will have all white hair, grayish hooves and pink eyes. The eyes appear to be pink because, in the absence of pigment, the blood can be seen coursing through the blood vessels." (The deer of North America by Leonard Rue 3, pg 182) * White "The Seneca Army Depot in New York State has an entire herd of white deer. Although their coats are white, their eyes are brown and not pink, as in true albinism." (The deer of North America by Leonard Rue 3, pg 182,183) * Piebald "Partially white, or piebald, deer are the color mutation hunters are most likely to see, being far more common than melanistic, albino or all white deer. Piebalds tend to be highly variable in color patterns, ranging from a few white spots to mostly white with a trace of brown. In albinos, none of the cells can produce melanin. In piebald's, at least some cell can produce pigment. This causes a spotting of coat colors, with some area appearing normal and others white." (John Ozoga's Whitetail Intrigue, Scientific Insights for White-tailed deer hunters, pg 142,143) Below is a time table of events regarding the unlawful action of three MDNR officers ("Lieutenant", "Sergeant" and "CO"). 12-09-04
John Ingersoll harvested an 8 point piebald deer.
John Ingersoll voluntarily took the piebald deer to the MDNR Field Office in Indian River.
MDNR confiscated sections of deer hide for testing
MDNR aged the piebald deer
MDNR testing results Necropsy Record
MDNR testing results Toxicology Report
DNR "Lieutenant" Deposition
DNR "Sergeant" Deposition
Civil Lawsuit filed by Ingersoll in Cheboygan County was dismissed
Constitutional Rights MDNR position Their response to this allegation was MDNR has the authority to do routine inspections at any taxidermist. My position
Although it is correct that the DNR regulates the Taxidermist businesses and is able to inspect said Taxidermist specimens at any time. The law does not provide an avenue to confiscate ones property without a warrant. Which the DNR did not have! It is also a severe problem that the deer was thawed out and refrozen, causing damage to the hide that was non-repairable. This term is called slippage and is defined as hair falling out of the hide.
It has also been stated in a deposition that "Sergeant" told the taxidermist to destroy my documentation. Even though the law states above that he must obtain his records for one year. MDNR position
"Lieutenant" testified under oath that the deer had pink eyes and was an albino deer and my case was reviewed by the Cheboygan County Prosecutor for possible prosecution.
The DNR Incident Report concluded the deer was a piebald deer. Examined hands-on by two biologists and verified by a biologist at the Gaylord Operations Office.
"Sergeant" testified under oath that the deer was an albino deer and my case was reviewed by the Cheboygan County Prosecutor for possible prosecution. Also testifying that it is legal to kill an albino deer under certain circumstances.
The DNR Incident Report concluded the deer was a piebald deer. Examined hands on by two biologists and verified by a biologist at the Gaylord Operations Office.
Due to the direct false testimony of these DNR Officers a Civil Lawsuit filed by myself in Cheboygan County was dismissed on 12-01-06. This action has caused me and my family severe hardship! Due to the actions of some corrupt officers I have lost my business, spent thousands of dollars in expenses, maxed out all our credit, sold everything of value including my deer rifle and many, many sleepless nights. I have gone though the proper channels, I have tried to resolve all the items listed above to no prevail.... * The following story is the last of a three part story that I became aware of. The writing is by John Ingersoll, and the facts of the case are documented by him. Specific names of the officers involved have been removed due to the impending investigation of the matter.** Attempted Resolution of Issues
8-23-07 - Contacted the Officers directly If the tables were turned and any citizen was accused of half the stuff these officers have been accused of, immediate attention would be given. A private citizen should not have to obtain an attorney and file a lawsuit to have their basic rights exercised.
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