Many might recall this space being titled " Court's In Session" last spring. For those that missed that piece, it is archived within by looking back through the "older" link on the bottom of this space. A read of that piece will clarify the following. Now the latest.....
Almost 6 months later to the day, that one 19.5 " Lake Mille Lacs walleye became party to a "closed" season fishing violation the DNR issued me, the case finally went to court this week.
In a nutshell, what I'm sure the prosecution thought was a simple game and fish case, quickly moved, potentially, in a far different direction.
Instead of allowing testimony by the CO's that made the arrest, I suggested, in a sense, we cut to the chase. After reading the following statement, the court recognized that this is most likely an "equal protection" case and ended the "trial" abruptly, ordering both sides to offer written intentions by the first of next year. That walleye's legacy lives on......
My statement, on the record:
"I do not dispute the facts presented by the state.
My sole and exclusive defense of this charge is based on the fact that during this same time frame, Minnesota and Wisconsin citizens harvested approximately 65 tons of walleyes from the same lake. In the end, solely based on skin color and ethnic origin, this charge discriminates against me and should be dismissed. If not dismissed, I should be found not guilty, based on the protection of such discrimination I am awarded as a United States citizen. In the end, if the lake was open to other U.S. citizens, it surely had to be open to me as well--thus not "closed", as the charge contends."
That is where things stand. More to come in the next few weeks......
