Judge OKs trial in rare turtle lawsuit
The case has moved at a tortoise's pace, but a federal judge this week green-lighted a trial in a civil lawsuit against two agents with the U.S. Fish and Wildlife Service accused of mishandling an investigation in 2005 that involved hundreds of rare turtles.
On Monday, Judge Thomas W. Thrash of the U.S. District Court for the Northern District of Georgia scheduled the trial for July 19.
Last month, Thrash ruled against attorneys for the agents who asked for the case to be dismissed. The ruling stated there was evidence that the agents entered the fenced-in backyard of amateur herpetologist Steve Santhuff without a warrant on July 14, 2005.
"I'm just happy that my turn in court is finally starting to play out," Santhuff said Tuesday.
The two agents used photographs taken on that date to build a case against Santhuff for possessing protected species without permits. The state subsequently confiscated about 500 turtles in his collection. A Gwinnett County jury acquitted Santhuff on all charges in 2008, but more than 300 of the turtles have died in the state's custody.
The state gave back 128 of the reptiles last year, along with 14 hatchlings that were birthed in the interim. They still maintain possession of about 40 more, including three different species of map turtles valued at between $100 and $350 each and several alligator snapping turtles.
The agents, who suspected Santhuff of breeding and selling protected species, took photographs at his property on July 14, 2005 while he was on vacation with his wife. A week later, they returned with a warrant and confiscated the turtles.
Michael Bloxom and Gary Phillips have said that they never entered Santhuff's property in Lawrenceville, but photographed it from outside the fence. Santhuff insists that it would have been impossible to get some of the photographs that were used against him without going into the backyard.
Santhuff's attorneys have presented evidence showing discrepancies in the photographs, testimony from Santhuff about the conditions in their backyard, and testimony from neighbors who claim to have seen the two agents at the property.
The lawsuit against the agents seeks $2 million in damages from both Bloxom and Phillips. Santhuff also has lawsuits against the state Department of Natural Resources pending in federal district court and Gwinnett County Superior Court.
