Trial date set in Kansas deer hunting case
A jury trial has been set for Tuesday in a Kansas federal court for two East Texas brothers charged with conspiracy and wildlife trafficking stemming from the illegal sale of guided deer hunts in Kansas between 2005-08.
The defendants, James and Marlin Butler of Martinsville, were indicted by a federal grand jury last May. The 23-count felony indictment charges that the two men operated a guiding service and hunting camp called Camp Lone Star in Kansas' Comanche County. Prosecutors say the brothers sold guided hunts to nonresident hunters for the purpose of illegally hunting and killing white-tailed and mule deer.
The document cites nearly two dozen incidents during which clients guided by the Butlers or other CLS guides engaged in a variety of illegal hunting activities including hunting without a valid license or permit, hunting with invalid permits, hunting with illegal equipment, taking deer exceeding the bag limit and night hunting. It also states that the Butlers arranged for the transport of deer that had been taken illegally, or parts of the deer, from Kansas to Texas.
Both men are charged with conspiracy to violate the Lacey Act and multiple violations of the Lacey Act. The Lacey Act is this country's oldest national wildlife protection statute. Someone who knowingly transports or sells in interstate commerce any wildlife taken or possessed in violation of state law or regulation is in violation of the Lacey Act.
Marlin Butler is charged with 12 Lacey Act violations, while James Butler faces charges on 18 violations of the Lacey Act and three counts of obstruction of justice. Maximum penalty for a felony violation of the Lacey Act includes up to five years in prison and a $250,000 fine. Maximum penalty for the obstruction charges includes up to 20 years in prison and a $250,000 fine.
Defense attorney Kurt Kerns of Wichita, Kan., is representing James Butler in the case. Marlin Butler is being represented by defense attorney Roger Falk, also of Wichita.
Kerns is the founding partner of Ariagno, Kerns, Mank and White, L.L.C. law firm. He is regarded as a bulldog in the courtroom and has won a number of high profile, complex cases. CBS' 48 Hours referred to Kerns as "one of the best lawyers in the state," according to the firm's website, www.warriorlawyers.com.
In a recent telephone interview, Kerns said he does not expect the case to go to trial as scheduled "simply because of the amount of paperwork that we are going to have to sort through in a short amount of time."
The Federal Speedy Trial Act mandates that a trial must commence within 70 days of arraignment unless a continuance is granted or a plea agreement is reached. Should the defense or plaintiff ask for a continuance and get it, the Federal Speedy Trial Act would roll back another 70 days.
Kerns added that he has had the opportunity to review some of the evidence federal prosecutors plan to use in the case, but declined to comment on any specifics.
"What I can say is we look forward to proving James' innocence," he said. "There is nothing about what I have seen in the discovery that would lead me to the opinion that he isn't."
The case will be heard by Senior Judge Wesley Brown of Wichita. At 103, Brown is the oldest federal judge in the United States who is still hearing cases.
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