[obol] National Press-Birder on trial for killing a shorebirdeating cat
Tom Crabtree
tc at empnet.com
Wed Nov 14 09:48:20 PST 2007
I vote that anyone who uses this as an excuse to start a pro-/con- cat rant
be permanently kicked off obol.
Tom
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From: obol-bounces at lists.oregonstate.edu
[mailto:obol-bounces at lists.oregonstate.edu] On Behalf Of shawn birder
Sent: Wednesday, November 14, 2007 8:01 AM
To: OBOL
Subject: [obol] National Press-Birder on trial for killing a shorebirdeating
cat
Hi OBOL-
Thought you should know about this...
<http://www.nytimes.com/> <http://www.nytimes.com/> The New York Times
<http://www.nytimes.com/>
<http://graphics8.nytimes.com/ads/spacer.gif>
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November 14, 2007
Birder Admits Killing Cat, but Was It Animal Cruelty?
By KATE MURPHY
GALVESTON, Tex., Nov. 13 - Jurors heard opening arguments on Tuesday in the
trial of a bird-watching enthusiast who fatally shot a cat that he said was
stalking endangered shorebirds.
The defendant, James M. Stevenson, is the founder of the Galveston
Ornithological Society and leads bird-watching tours on this Gulf Coast
island 60 miles southeast of Houston. If convicted on animal cruelty charges
in the shooting last November, he faces up to two years in jail and a
$10,000 fine.
Mr. Stevenson, 54, does not deny using a .22-caliber rifle fitted with a
scope to kill the cat, which lived under the San Luis Pass toll bridge,
linking Galveston to the mainland. He also admits killing many other cats on
his own property, where he operates a bed and breakfast for some of the
estimated 500,000 birders who come to the island every year.
In her opening statement, Paige L. Santell, a Galveston County assistant
district attorney, told the jury of eight women and four men that Mr.
Stevenson "shot that animal in cold blood" and that the cat died a slow and
painful death "gurgling on its own blood."
She said that the cat had a name, Mama Cat, and that though the cat lived
under a toll bridge, she was fed and cared for by a toll collector, John
Newland. He is expected to testify.
Whether the cat was feral is the crucial point in this case. Mr. Stevenson
was indicted under a state law that prohibited killing a cat "belonging to
another." Prompted by this case, the law was changed on Sept. 1 to include
all cats, regardless of ownership.
Ms. Santell argued that because Mr. Newland had named, fed and given the cat
bedding and toys, the cat belonged to him and was not feral.
Mr. Stevenson's lawyer, Tad Nelson, admitted in his opening statement that
his client went to the San Luis Pass toll bridge with "an intent to kill."
but that he had planned to kill a wild animal that was preying on endangered
piping plovers. "This man has dedicated his whole life to birds," Mr. Nelson
said, pointing at Mr. Stevenson.
The case has prompted emotional commentary on the Internet. Cat enthusiast
blogs have called Mr. Stevenson a "murderous fascist" and a "diabolical
monster." Birding blogs have defended his right to dispense with a "terrible
menace" and have set up funds to help pay for his defense.
In an interview in a courthouse elevator during a break in the trial, Mr.
Stevenson said heatedly that cat fanciers who have condemned him and sent
him hateful correspondence "think birds are nothing but sticks." "This is
about wild species disappearing from your planet," he said, adding, "I did
what I had to do."
Testimony followed from police officers and the veterinarian who performed
the autopsy on Mama Cat, a white and gray tabby mix. The jurors were shown
several photographs of the bloodied cat, reminiscent of an episode of "CSI:
Miami."
Pictures of the crime scene showed trays of cat food, blankets and cat toys
hanging from strings under the bridge. The .22-caliber rifle Mr. Stevenson
used to kill the cat along with his magazine full of Remington hollow-point
bullets were also on display.
The prosecution and defense wrangled repeatedly about whether witnesses
could accurately assess the cat's state of mind.
"He's not qualified to know what the cat was feeling," said Mr. Nelson, when
a police officer, John P. Bertolino Sr., testified that the cat was in
terrible pain when he arrived at the crime scene. The cat died en route to a
Humane Society facility.
The trial, which is expected to take a week, had few spectators save a
handful of bird lovers and cat lovers who sat on opposite sides of the
courtroom. One side nodded emphatically at Ms. Santell's arguments, and the
other nodded whenever Mr. Nelson objected.
"How people feel about the trial depends on who you talk to," said Victor
Lang, a local historian, adding that bird-watchers and cat fanciers
obviously had the strongest views.
Though others may argue passionately about whether Mr. Stevenson should be
punished, Mr. Lang said he did not have strong feelings about the case.
"But you see, I'm a dog person," he said. "If he had shot a dog, then I'd be
more upset."
DCSIMG
<http://wt.o.nytimes.com/dcsym57yw10000s1s8g0boozt_9t1x/njs.gif?dcsuri=/noja
vascript&WT.js=No&WT.tv=1.0.7>
<http://www.nytimes.com/adx/bin/clientside/20acaaeeQ2F%21UAQ25Q24ntQ25ksQ5BQ
3CM6MMQ3C88Q3DutuM>
Shawn Schmelzer
Portland
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