Shark Court for Randy Emerald Charters Jupiter

[guyharrisonphoto]

There may be a jurisdiction issue....

The crux of the case is that the State says Emerald was within the three mile limit, and thus subject to state law making the feeding illegal. Emerald says it was not within the three mile limit, or, perhaps in the alternative, that the State cannot prove with precision beyond a reasonable doubt that they were within the three mile limit which would be a necessary element for a conviction.

 

[ktomlinson]

Does anyone know how GPS units are certified for court, or if they even have to be certified? If you ever see someone surveying land you'll notice that the GPS unit is pretty large and has an external antenna. A unit small enough to sneak on is less accurate.


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[The Chairman]

There's always radar for the boat. The position of the divers would be impossible to determine.

 

[Omisson]

The crux of the case is that the State says Emerald was within the three mile limit, and thus subject to state law making the feeding illegal. Emerald says it was not within the three mile limit, or, perhaps in the alternative, that the State cannot prove with precision beyond a reasonable doubt that they were within the three mile limit which would be a necessary element for a conviction.

You don't have the GPS of the site you use? That's sufficient to defeat the jurisdictional presumption.

The burden is on the state in the first instance to show it can meet its prime faciae case.

A demand should have been made for the gps coordinates- the method used to obtain them- and who and when they were produced. Then the Tech data (make model, year of production) for the instrument including its accuracy range and any training calibration and servicing - should have been provided in discovery.

Usually this is done in an omnibus motion Pretrial.

 

[HIGHwing]

Shark Court begins shortly.

 

[The Chairman]

I can't wait for Randy to be found INNOCENT.

 

[danvolker]

I can't wait for Randy to be found INNOCENT.

The plus side is that Randy is getting a lot of media coverage, which he can use to showcase how the media is wrong about sharks...and how perceptions of the public NEED to change.
He could never have afforded this much publicity for shark conservation!

 

[islanddream]

Just read on Facebook that the trial is postponed until sometime in March. That sucks!

 

[dumpsterDiver]

I can't wait for Randy to be found INNOCENT.

Jupiter charter company cited in shark feeding trial | www.palmbeachpost.com

 

[ktomlinson]

Well that sucks. Why someone can chum for shark fishing but not chum for shark feeding is beyond me.


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