DEL.ICIO.USUpdated: 6:53 p.m. September 03, 2008
LAWRENCEVILLE
Turtle collector sues to get confiscated reptiles back
The Atlanta Journal-Constitution
Wednesday, September 03, 2008
A turtle collector from Lawrenceville has sued the state of Georgia, hoping to force state wildlife officials to return hundreds of turtles seized in connection with criminal charges for which he was acquitted.
An attorney for Steve Santhuff said Wednesday that he expects the case to go before a Gwinnett County Superior Court judge within the next two months.
AJC file photo
About 500 map turtles were seized from Steve Santhuff’s home in 2005.
AJC file photo
Santhuff shows one of his remaining turtles in the backyard of his home in Lawrenceville.
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State and federal wildlife enforcement officers seized about 500 rare and endangered map turtles belonging to Santhuff after a joint investigation in 2005. A Gwinnett County jury found Santhuff not guilty of criminal charges related to his possession of the turtles in February, but the state has not returned his beloved reptiles.
Russ Willard, a spokesperson for the state attorney general’s office, said Wednesday that the state does not plan to return the turtles.
“The Wildlife Resources Division contends that Mr. Santhuff does not have authority to possess these animals,” Willard said.
Santhuff also has lawsuits pending in federal court against the agents who seized his prized collection: Gary Phillips, a special agent for the U.S. Fish and Wildlife Service; Michael Bloxon, a wildlife enforcement officer in Alabama; and Steve Seitz, a Georgia wildlife enforcement officer.
About 200 of the turtles have died in the state’s custody since they were taken from Santhuff’s home in Lawrenceville, a friend of Santhuff’s said. Most of the remainder of Santhuff’s menagerie is being kept at the Savannah River Ecology Lab near Aiken, S.C., and a few are being housed at Zoo Atlanta.
Each turtle is worth between $100 and $1,000, said Robert D’Agostino, a law professor and former dean at John Marshall Law School in Atlanta. D’Agostino, a longtime friend of Santhuff who is a fellow turtle aficionado, is acting as a consultant for the defense.
“Some of those turtles are irreplaceable,” D’Agostino said. “He had gotten them before they became protected; some as gifts and some he raised as hatchlings.”
D’Agostino said about 350 of the 500 confiscated turtles were not protected species anywhere in the United States.
The government also has not returned many of Santhuff’s personal papers collected as part of its criminal investigation, including vacation pictures, scientific notes and logs, D’Agostino said.
Santuff’s lawyers say they plan to file a separate lawsuit in coming weeks seeking $1 million from the state to compensate for the seized property.
Comments
By Steve Santhuff
Oct 1, 2008 10:37 AM | Link to this
Message goes to "Bob Smith" in reference to his comment below. You are ignorant of the law, "this nut", refering to myself, did not violate state law. The GA DNR board violated state law in creating a regulation in violation of state law OCGA 27-3-132 or Article 5 of the wildlife title which allows for the DNR board to create regulations in caputuring, killing, and selling protected species. Property rights were to remain un-affected. My charges were for possession, possession of lawfully acquired species. Before you comment, please get your facts in order. This is a big problem, because DNR is the law violator in this case. That's why this case is so big. Regulation must be supported by state law, not in violation of state law.
By bob smith
Sep 17, 2008 9:47 AM | Link to this
Do you people really believe this garbage? Do you think the state of Georgia had no one better to pick on? I'm sure all of you who are siding with this nut would agree with the OJ jury as well. The fact is, this is America, but we have laws and you can't ignore them just because you don't feel like it. Don't like the law, change it, don't violate it!
By Linda H
Sep 5, 2008 8:42 PM | Link to this
What possible justification can they have for not returning his property? Let alone they are obviously not able to properly care for them. I hope he wins his lawsuit.
By Dennis
Sep 4, 2008 5:13 PM | Link to this
The state attorney general should have shown up to testify at the Gwinnet courtroom!
Seems like the jury would disagree with him about the legality of this manner.
By hubey2
Sep 4, 2008 12:41 PM | Link to this
I hope he gets the maximum amount of compensation allowed. The state sure was quick to take (and kill) his property, sorry but thats what they will call it, but now that its time to return and pay they will drag it out as long as possible. The state should be ashamed.
Wish I could tell them face to face,
what they've done really sux!!!
By Chuck the Tuna
Sep 4, 2008 11:13 AM | Link to this
Our tax dollars at work.
By Mark
Sep 4, 2008 11:00 AM | Link to this
Instead of rounding up legal turtles, how about rounding up some illegal mexicans? The state of GA is a embarassing joke.
By Gerry
Sep 4, 2008 8:29 AM | Link to this
The state needs to step up and return all the turtles they seized and replace any turtles that died in their care.
The state can not take the property of US citizens without just cause. A jury has determined that no criminal action had taken place.
Time for Sonny Perdue to step in and force the state of Georgia to act properly!
By chachiBACKinGA
Sep 3, 2008 10:44 PM | Link to this
I just sharted...again
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