# Richard P. Smith busted again



## Tom Morang (Aug 14, 2001)

Marquette Mining Journal

Smith accused of feeding deer illegally [... again.]

By James Lake, Journal Staff Writer
MARQUETTE 

Marquette outdoor photographer and writer Richard P. Smith, convicted of illegally feeding the deer at Presque Isle Park in 2002, was ticketed again on Friday on the same charge.
Marquette City Police Det. Capt. Mike Angeli said the ticket was issued shortly after 5 p.m. at the park.
We'd been told that someone had been dropping off cedar boughs, Angeli said.
A patrolman at the park said he observed Smith dropping a cedar bough, Angeli said. Smith was issued a ticket for violating a Michigan Department of Natural Resources order prohibiting supplemental deer feeding, and was ordered to appear in Marquette County's 96th District Court within 10 days.
The charge is a misdemeanor punishable by up to 90 days in jail. Marquette County Assistant Prosecutor Jennifer Mazzuchi said her office has not yet reviewed the latest ticket.
Smith and his attorney, Ted Fulsher of Marquette, could not be reached this morning for comment.
In January 2001, Smith was ticketed on the same charge. He was found guilty in May 2002 following a jury trial in 96th District Court, fined $50 and ordered to pay $150 in court costs.
Smith's appeal of his conviction was dismissed by the Marquette County 25th Circuit Court in February of 2003 and the Michigan Court of Appeals in October. He appealed to the Michigan Supreme Court in November, but that court has not said if it will hear his case.
Smith had also sued the state and Marquette County Prosecutor Gary Walker, claiming the DNR rule barring supplemental deer feeding on public lands without a permit is invalid, inapplicable and unreasonable, as applied in the Upper Peninsula.
That suit was dismissed in March of 2002 by the 25th Circuit Court, and in May 2002 by the Michigan Court of Appeals. Smith also appealed to the Michigan Supreme Court, but a hearing on that suit has not been scheduled.


----------



## WILDCATWICK (Mar 11, 2002)

This subject is sick! The DNR for years had all the deer on the island penned up. Then they take down the pen and allow feeding of the deer for years by the general public. Then after city hearings it was determined to be unsafe for the general population to feed the deer..Now the island can't support the heard and many die from malnutrition. But hey the DNR will be responsible for supplemental feeding. WEll if you have ever seen the deer on the island (the one's that made it throught the winter) in the spring you might do what Smith did as well. The DNR and city of Marquette made a mistake years ago and they have to sleep in the bed they made!!!! Those are tame deer that have taken hand outs for years.


----------



## Hamilton Reef (Jan 20, 2000)

Thanks Tom for posting this article and covering up my mistake. I losted it during a typo mistake and forgot to go back after it.


----------



## Trophy Specialist (Nov 30, 2001)

Now feeding a deer cedar boughs is illegal? What a crock. What's next, arresting loggers that leave boughs for deer to eat? They are obviously targeting Richard Smith and if the legal system allows this to happen it will be a travisty of justice.


----------



## AceMcbanon (Apr 2, 2003)

They need to do something, they basically inhabit the west side of town now as well as the isle. They were suppose to allow a kill of a pretty good number of them last winter but for some political reason or another it didn't happen. It's nice to see deer behind your apartment building everyday but it's really getting out of hand and there will eventually be some deaths from car accidents.


----------



## Thunderhead (Feb 2, 2002)

I talked with Richard P. Smith about this a few days ago. He told he didn't drop a bough at all, but was just in the park. 
The officer accused him of feeding the deer , which Mr. Smith denies.


----------



## Trophy Specialist (Nov 30, 2001)

Here's an update on the case. The Marquette Co. prosecutor dropped the case against Richard Smith. As it turned out, the officer that originally charged him with feeding deer a cedar bow lied when he stated in his report that he saw Richard Smith take the bough out of his vehicle and feed it to the deer. The cop recanted his story and admitted that he did not see Smith handle the cedar bough at all. Now did this cop get fired or charged with filing a false police report? No. Richard Smith had to spend $500 in attorney fees because the cop decided to harass him. In his previous case, it was proven that three of the people that testified at his illegal deer feeding case perjured themselves on stand. The Marquette Co. prosecutor declined to prosecute them though and he also allows his conviction to stand. It looks as though the legal system in Marquette is rather corrupt. Perhaps the state Attorney General needs to have a look-see what's going on there.


----------



## gunrod (Jan 16, 2001)

A patrolman at the park said he observed Smith dropping a cedar bough, Angeli said. 

Looks to me like the Detective Captain who wasn't on the scene said Smith dropped the bough, not the cop. And we don't know if the reporter threw that in or the Captain actually said that. Be careful calling someone a liar before reading a police report signed by the officer. It could have been a misunderstanding between the Captain and officer who was directed to issue a ticket on probably cause/information and belief but I don't see where someone lied.


----------



## n.pike (Aug 23, 2002)

Call a spade a spade.


It sounds like an abuse of power or a personal vendetta against Smith. There should be some repercussions against the officer that issued the ticket. Make him pay the costs out of his own pocket.


----------



## gunrod (Jan 16, 2001)

Again, no one has stated or shown evidence that the cop lied in a report or court. If the cop says he saw Smith in the area and the cop was directed by superiors to issue a violation then he did as he was told to keep his job. Disobeying a direct order is grounds for termination. I'm not saying there might be something screwy going on here but find out his is to blame without speculating or you are doing the same as you are accusing this cop of doing.


----------



## Trophy Specialist (Nov 30, 2001)

I don't care who told who to do what. Who ever filled out and signed a false police report should be prosecuted just like any other comon criminal. If someone ordered someone to put fradulent information on a police report, then both of them should be busted.


----------



## gunrod (Jan 16, 2001)

I've yet to see a police report where someone said they saw him drop the bough and that is exactly my point. I don't even see mention of a police report in the news article. Maybe the prosecutor went ahead with the ticket/prosecution without a report as one is not required for prosecution. And where is the court transcript where a defense attorney asked why a ticket was issued for an offense that didn't happen? The anwer may benefit Smith with civil action against the county and city if prosecution went forward without the officer witnessing a crime.

A better question should be why a prosecutor would go forward with a case they couldn't prove? If the case couldn't be proved then it shouldn't have gone forward. It was a waste of Smith's money and the county's money. 

Finally, you are taking all of this from a news report. Believe little of the newspapers and news reports until you check into it yourself. The reporter says a ticket was issued and the reporter says someone else said the officer saw him drop the bough. I've yet to hear an officer or see testimony of an officer saying he dropped the bough.

The press will print what they hear no matter who it comes from. As you see, they didn't interview the officer so this reporter is probably taking liberties and assuming facts not known. Don't do the same by assuming the officer is lying. Sounds like he testified to what he saw and Smith was found not guilty. Who proceeded with the prosecution and decided the cop saw the bough is coming from everyone but the cop. Calling him a liar without facts is like a cop lying to say Smith dropped the cedar bough. The cop is innocent until proven guilty just like Smith and any other citizen.

There are bad apples in every profession but knowing the system I'd be willing to bet that this came from higher up or assumptions were made without clarifying what the cop saw. Smith has pissed some people off with his law suits and his constant civil disobedience (Smith admits breaking the law previously in attempt to draw attention to what he believes is a bad law - good for him, I respect him for taking all the risks upon himself for something he believes is wrong) and is bound to have some seeking retribution but I doubt it's a lowly patrolman who feeds his family on his meager pay. He wouldn't jeopardize his integrity in court or the investment (schooling and training costs) in his career (as no one would hire him else where if he were found out) for a meager ticket.

Show me proof that the cop lied and I'll agree with you. Until then you have no right to assume he is a liar.


----------



## Eastern Yooper (Nov 12, 2000)

Gunrod, you are blindly defending this cop under the guise of "Innocent until proven guilty". Gee, why you didn't step up to the plate and kindly do the same for Mr. Smith thru all of this?

Reading the opening article, it appears the Captain was acting as "spokesman" for the Marquette PD. He specifically stated, as you quoted, that "....a patrolman at the park said he observed Smith dropping a cedar bough."

Later the officer recanted that statement.

Seems to me that fits the definition of a lie.

As for "disobeying a direct order" charge, well, I dunno how your department works... but in mine, an officer cannot be charged with insuboordination if ordered to knowingly violate dept policy, state/federal law, or falsify any evidence or report. In fact, we are expected to refuse any such "order".... and I'm not a sworn LEO. Any cop that takes an oath to uphold & defend both the state & federal constitution and then does not do so should be fired.

LEOs have a thankless, underappreciated job to do, and I've got nothing but respect for 'em. Cops are human and are allowed to make mistakes. But wearing that badge doesn't automatically mean their right all the time, and it doesn't excuse their actions when they knowingly do something wrong, like lie.


----------



## gunrod (Jan 16, 2001)

Smith didn't need defending on the issue, he is innocent as found by a court. There's nothing to defend. 

Again, you have a Captain making the statements for someone else. I still haven't seen a police report or court testimony citing where this was said by the officer. 

As for the direct order, if the prosecutor hears the story and tells the Capt. that a ticket should be issued because he can make the case so the Capt. directs the officer to issued a violation but doesn't......he will be fired and lose. The Capt. and city would fight any arbitration with the fact that the prosecutor said there was a case and this officer refused to go through with it. And we both know arbitrators lean towards management before the hearing even starts. It's not something I would risk. I would do exactly as he did, issue the violation and tell the truth. I would've went one step farther in court and said that the ticket was issued because I was ordered to do so not because I saw a crime. Now the prosecutor looks stupid. Smith should now sue the city and county while deposing the cop. I'll bet he will find out where his troubles are coming from as the cop will tell the truth again.

Not keeping up on the situation too much I'd venture a guess that the prosecutor is none too happy about being sued and is hiding behind the immunity he receives as a prosecutor to attempt to discredit Smith through endless prosecutions that he would never follow through with on any other citizen. 

Am I blindly defending the cop, maybe, but I will continue to do so until there's proof to the opposite. It's better than blindly condemning him.


----------



## gunrod (Jan 16, 2001)

And if there's a police report saying something happened that didn't along with court testimony, where is Smith's lawsuit? He'd definitely have one.


----------



## Eastern Yooper (Nov 12, 2000)

You seem to be of the position that the officer was on patrol in the park and saw Mr Smith but nothing else. But somehow the Captain found out and told the prosecutor. Normally a prosecutor would review a report and then issue a warrant.... but you think that possibly instead they instructed the Capt to tell the officer to write a ticket for feeding the deer.

Hmmmmmmm...... 

I'm sorry, but I (and I suspect a whole lotta other folks) ain't buying your version.

Sounds to me like the patrol officer wrote a bad ticket, and keep your eyes peeled for that lawsuit.

As for arbitration being in Management's favor, in 11 years with the state that hasn't been my experience. I've seen way too many jerks that are nothing but complete, absolute disgraces to the dept end-up getting their jobs back. Time & time again. Its seems like the state can never fire anyone correctly,; either the union or some attorney finds an "i" that wasn't dotted or a "t" that wasn't crossed, and Wallah! instantly get their job back, alotta times with back pay.


----------



## Hamilton Reef (Jan 20, 2000)

Trouble for Presque Isle? Deer count up

Wednesday, December 08, 2004 

MARQUETTE - The winter's first count of deer on Presque Isle Saturday turned up 19 animals - already above the maximum 15 the Marquette City Commission has set for the park. 

Called a "drive census," the count was led by NMU associate professor John Bruggink, who was assisted by 69 volunteers, the vast majority of whom were NMU students. 
The volunteers conducted the count by forming a line at the north end of the island and moving forward, so that the deer either ran back through the line or off the island. 

Bruggink said at the widest part of the island, there was about 40 feet of space, on average, between the volunteers. He said he was confident the count was accurate. 

"I think the likelihood of missing a deer is pretty slim," he said. 

Volunteers who took part in the last count, held in February of this year, spotted 35 animals. Two more counts will be held this season - one after the first of the year and again in February. 

Marquette Parks and Recreation Director Hugh Leslie said the December count is typically the smallest. He expects the number to increase as deer start moving as the temperatures grow colder, following an unusually warm fall. 

Presque Isle is not a natural deer yard, Leslie said, but the animals have learned to migrate there due to artificial feeding. Any more than 15 deer on the island can create major problems, he said. 

"There's no growth out there higher than 4 feet," he said. "The deer have wiped that all out." 

Deer feeding at the island was made illegal in 2000 following the expiration of a state supplemental feeding permit. But that hasn't stopped some people from leaving fruits, vegetables and other snacks for the animals. 

"It's not a major problem, but it's still happening out there," Leslie said. 

The city in past years used a trap and relocation program to remove extra deer from the island, but in 2000 the Michigan Department of Natural Resources banned the practice to help prevent the spread of bovine tuberculosis. 

In February 2001 the city hired a Wisconsin contractor to shoot 62 deer on the island, and then again to shoot up to 25 deer in March 2003. 

While Leslie said that the island count will be over 15 no matter what, he doesn't think the city will be in position to remove any deer next year due to budget restrictions. 

The contractor charged around $100 for every deer shot, Leslie said, plus $50 for the processing of venison, which was then sent to local charities. 

"The thing that would stop any kind of shooting this year is strictly dollars and cents," Leslie said. 

Leslie said he will report the census information to the city commission, which will make the final decision on how to deal with the herd.


----------



## AceMcbanon (Apr 2, 2003)

Open a day day long bow season on presque and let hunters do it for free while you make money off the tags


----------



## WILDCATWICK (Mar 11, 2002)

AceMcbanon said:


> Open a day day long bow season on presque and let hunters do it for free while you make money off the tags


You would half to close the island and do a lottery draw. I think feeding them in that case is still in order. It was a mistake from day one when they had them penned in then they realeased them with supplemtal feeding then they deide to stop feeding. It just was a receipe for disaster from the beginning.


----------



## Guest (Dec 10, 2004)

Trophy Specialist said:


> I don't care who told who to do what. Who ever filled out and signed a false police report should be prosecuted just like any other comon criminal. If someone ordered someone to put fradulent information on a police report, then both of them should be busted.



    

Defending this "professional" action - blah blah blah!


----------

