Subject: Houston Chronicle article (fwd)

From: Thomas Kral <[email-masked]>
Date: Wed, 27 Mar 1996 14:12:22 -0700

---------- Forwarded message ----------
Date: Wed, 27 Mar 1996 14:08:27 -0700 (MST)
From: Thomas Kral <[email-masked]>
To: Entomology Discussion List <[email-masked]>
Cc: Multiple recipients of list ENTOMO-L <[email-masked]>
Subject: Houston Chronicle article

If you are able to access a copy of the HOUSTON CHRONICLE, Sunday, Oct
15, 1995, Vol.95 no.2, pages 1A and 28A (you know the article that Ted
Williams of Audubon infamy hates so much), either by Univ. microfiche, or
hardcopy, its another MUST READ article - the difference is that this
article by Thaddeus Herrick is well researched, balanced, and contains
facts, rather than the garbage propaganda egg laid by Ted Williams in the
latest issue of Audubon.  The Houston Chronicle article, titled
Butterflies aren't free, mostly revolves around the case involving John
Kemner, but some of the really interesting stuff concerns the
(mis)adventures of USFWS special agent John Mendoza, here is one excerpt
>from  page 28A.

"Richard Mitchell, a Fish and Wildlife biologist on loan to the
Smithsonian, was indicted in connection with helping hunters track and
kill several bighorn sheep in China in 1988.  The case was abandoned
after experts determined the sheep were not protected.
     But the Fish and Wildlife Service continued its investigation of
Mitchell, charging him several years later with smuggling animal skins
into the country in 1987.  Mitchell had brought back the skull and hide
of a Pakistani sheep for DNA study, but he failed to file three
government forms, including a U.S. department of Agriculture declaration
for meat or meat byproducts.  Though he had walked through U.S. Customs,
skull and hide in hand, Mitchell was convicted of a felony in 1993.

Yet Fish and Wildlife agents expect researchers to know the law.  When
they don't, agents are often more inclined to launch a criminal
investigation than issue a warning.  "People should know this as part of
their occupation," said John Mendoza, the Fish and Wildlife agent behind
the Mitchell case, the Kral case and the most recent butterfly smuggling
case involving John Kemner, an Austin area man.  "I didn't know" is a
mickey Mouse excuse."  (quotes Mendoza).

Yes folks, here we expose THE REAL JOHN MENDOZA, not the mythical,
lovable John Mendoza that Ted Williams falsly portrays this thug.  I have
found out that john Mendoza had quite the track record for harassing many
otherwise law-abiding U.S. citizens.  Pay attention professional
scientists and entomologists, you have all been operating under "Mickey
Mouse" excuses with regards to all your violations - more frightening is
that Mendoza HATES ANYONE that kills anything thats "wildlife".  Also you
should realize that ANYONE can be made into a felon under these bizarre
"wildlife laws".  The few things I did many years ago, of themselves
amounted to a few petty misdemeanors, whose statute of limitations have
long since passed, but make it a "conspiracy" and you can convict ANYONE.
- Two people can agree not to pay a $5 fee in a remote forest service
campground, and guess what - they are felons!!!  That explains how Thomas
Kral, having no other criminal records or run-ins with the law, can be
instantly turned into a crook - fortunately my case has been dismissed as
a complete joke in the real world, but all you entomologists must now
live in constant fear of possibly being made into a criminal AT ANY
TIME.  Some of you (like Julian Donahue, or many others I can name, but
won't, in the interest of promoting cooperation), think you can escape
"justice" by siding with the USFWS, but things may change, all at the
whims of John Mendoza, or some other half-cocked USFWS agent on some
"moral" or self-serving promotion seeking mission - quite a gamble, are
you sure the odds are on your side???

     Now I do not wish to portray ALL USFWS agents as the thug that
Mendoza is - most are honest and fair enforcement agents.  For example,
USFWS Special Agent Gregory Stover, here in Tucson, told me point blank
that he was well aware of every other Tucson collector having broke the
law extensively, and specifically knew of all the illegal insects they
had, but he told me that he thought Mendoza's investigation was stupid,
and specifically told me that he "refuses to stuff his evidence lockers
full of bugs" - and thats Stover's opinion, NOT MINE.  I'll never forget
the Federal Attorney (not Altschuler), who told me on the bench in San
Jose court, that the butterfly case "was the standing joke in the
courthouse building.  With all the drugs and murders, federal agents have
to waste their time with bugs"...

     Now I'm taking these laws seriously myself now, as I encourage the
rest of you to do as well, but here is the problem.  USFWS agents like
John Mendoza and Chris Nagano, are making a mockery of law enforcement,
and really turning society against alot of environmental issues in the
process. Of course Mendoza will say that "I'm just enforcing the laws"
but thats what the NAZI war criminals said at Nuremburg.  Mendoza is
doing far, far more harm to the environment than any good, he could
realize this and help the rest of us push to have some of the laws
changed, but somehow this wouldn't fit Mendoza's personality traits.

     My case, and that of many others (like the Smithsonian folks) could
really expose Mendoza's vindictive law enforcement tactics, and thus have
this greatest threat to science permanently removed from the USFWS, and
federal enforcement alltogether.  We can also set an example here to
Interior Secretary Bruce Babbit, to show the shortcomings of these laws
as applied to insects.  Again I urge all of you to quietly contact you r
representatives in Congress, and ask them to investigate Mendoza's entire
law enforcement record carefully, especially drawing attention to Kral,
Kemner, and the Smithsonian involvement.  I can ASSURE you that we can
get rid of Mendoza and any other unsavory USFWS agents if such an
investigation is brought to light.

     With these obstacles (like Mendoza) out of the way, then we can
begin the real process of examining the U.S. wildlife laws as applied to
insects with our representatives in congress, without fear of being
harrassed by overzealous USFWS agents.  I f we don't deal with this
problem head-on right now, it will only get worse.  You people will not
likely have another opportunity of someone like Thomas Kral, who has
carefully documented this dilemna, and is ready to present everything to
a congressional committee, and work for some real changes for the benefit
of us all.

Sincerely

Tom