# Massasauga rattlesnake case



## Hamilton Reef (Jan 20, 2000)

Remember a post a long while back about the Massasauga rattlesnake case? Here is the final result.

CO Cherie Beckhorn finally closed the book on the illegal taking of an eastern Massasauga rattlesnake case. The case concluded with a second trial which lasted 12 hours and a second jury finding the defendant guilty again. The defendant was ordered to pay $100 in fines and costs $100 restitution to the state for killing the snake.


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## Eastern Yooper (Nov 12, 2000)

It was obvious from the get-go that the guy was guilty & in the wrong.

Nevertheless, the convicted person _wasted_ dozens of numerous individuals' time & money. Not to mention that he needlessly tied-up the court system and state resources that undoubtedly could have been better utilized.

And not once, but _twice_.

All over a $100 fine.


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## trout (Jan 17, 2000)

Hopefully the next snake bites him.


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## EdB (Feb 28, 2002)

Here's the article from the local paper. One nice thing about the outcome is the lawyers fees this loser had to pay for 2 trials. His lawyer should have advised he plead guilty since felt it was a waster of taxpayers money. To bad the court didn't fine him more to cover that. 

Chelsea Standard 20030814
INSIDE
Area man convicted a second time in rattle snake case
By Chad Livengood, Special Writer 

Defense attorney calls both trials a waste of taxpayers money.

A Dexter-area man has been convicted a second time of killing a protected reptile. A jury found him guilty during a retrial Aug. 7 at Washtenaw County District Court in Chelsea.

James Galloway, who was originally convicted April 31 of killing a protected Eastern Massasauga rattlesnake, faced the charges a second time after a witness came forward in his defense.

The incident took place Aug. 9, 2002, at the Pickerel Lake beach in the Pinckney Recreation Area.

The retrial was granted after the parents of a toddler who Galloway said he protected from the snake came forward after the first verdict.

Clayton Cowan testified on behalf of his son that Galloway did indeed protect the boy from the snake. His testimony, however, was not enough to convince the jury to exonerate Galloway.

Judge Richard Conlin ordered Galloway to pay a fine of $100.

In addition, Conlin levied a state restitution fee of $100, said Donnelly Hadden, Galloways attorney.

"The judge gave him a slap on the wrist," Hadden said.

While the six-panel jury only took 40 minutes to deliberate, the trial lasted all day, said Assistant Washtenaw County Prosecuting Attorney Jeaneth Kirkpatrick.

Hadden said he was disgusted at the way the prosecution and Department of Natural Resources handled the case.

"They never even offered a plea bargain," he said.

"He said he was sorry and that he wouldnt do it again."

Hadden said the trial cost not only Mr. Galloway a large sum of legal fees, but taxpayers, as well.

"After two trials and god knows how many thousands of dollars in the taxpayers money wasted, its over," he said.

Assistant Prosecuting Attorney Joseph Burke rebuked the outcry that Hadden made in Galloways defense.

"Everyone who has been convicted of a crime thinks that theyre being picked on  Mr. Galloway had his day in court, two days for that matter," Burke said.

Likewise, the juries deliberated in the same amount of time with the same verdict, he said.

Galloway was unavailable for comment.


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## Banditto (Jun 9, 2000)

My buddy in Saline calls me up and said he had rattle snakes in his garage and asked if I wanted them. First I said, they probably aren't rattle snakes, second "why me?" He said he couldn't think of anyone else who would have anything to do with them.

So I told him to call the local authorities. In the meantime I go over... and sure enough... he has a garage full of rattle snakes. They were really small no more than 5" long but they were massasauga's.


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## trout (Jan 17, 2000)

I wish you lived closer, snakes are cool.


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## cireofmi (Feb 13, 2001)

He said he was protecting the child. Could he not of just moved the child from the area? How does he get away with only a $100 fine.


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