SAN FRANCISCO — A former Arizona resident convicted in federal court in San Francisco in 2005 of participating in an international reptile smuggling ring lost part of his appeal Tuesday. Beau Lee Lewis, 33, was convicted by a jury in the court of U.S. District Judge Martin Jenkins in 2005 of one count of conspiracy and five counts of smuggling protected reptiles such as tortoises and pythons from Asia. The smuggling ring was run by wildlife dealer Keng Liang “Anson” Wong, 52, of Penang, Malaysia, who pleaded guilty in 2001 to 40 counts and was sentenced to six years in prison. Wong has now completed his sentence and returned to Malaysia. Lewis was sentenced by Jenkins to one year and 11 months in prison, but he has remained free while his appeals are pending. In today’s ruling, the 9th U.S. Circuit Court of Appeals rejected Lewis’ claim that prosecutors should not have been allowed to seek a second indictment after the appeals court overturned a 2001 conviction because of trial delays. The appeals court said the second indictment was justified because of the seriousness of the case, which was demonstrated by the fact that each of the counts on which Lewis was convicted carried a potential sentence of five years in prison. But Lewis’ lawyer, Richard Tamor of Oakland, said the appeal would now continue on other claims pending before the circuit court. “We’re going to pursue all avenues of his appeal,” Tamor said. The defense attorney said the remaining appeal arguments include a contention that Jenkins gave incorrect jury instructions on Lewis’ claim that he was entrapped by an undercover federal wildlife agent. Lewis now lives in California, Tamor said. According to earlier court rulings in the case, the U.S. Fish and Wildlife Service set up a shell company in 1994 in hopes of capturing Wong, who was suspected of being a kingpin in the smuggling of endangered species from Asia to the United States. In 1995, Lewis, who was then 18 and ran a small reptile import and export business in Buckeye, Ariz., answered an advertisement from the shell company and began buying from the company reptiles that had been legally shipped by Wong. Later, however, Lewis allegedly inquired to an undercover agent about buying a species of lizards protected by the U.S. Endangered Species Act and allegedly told the agent he was in contact with Wong. Lewis allegedly began eventually accepting illegal shipments of protected animals directly from Wong, according to the court documents. Wong, Lewis and two other men were indicted in 1998, and Wong was arrested during a sting operation in Mexico City three days later. After an extradition fight, Wong was extradited to the United States in 2000. In his first trial in 2001, Lewis was convicted of 17 felonies, including six counts of the illegal importation of shipments containing a total of 125 protected reptiles. The shipments were sent by FedEx, according to the indictment in the case. Prosecutors said many of the animals died in transit. In his second trial in 2005, Lewis was convicted of five of the same six smuggling counts.
Category Archives: U.S. News
Anthem man almost dies from snake bite
ANTHEM, AZ – A Valley man almost lost his life this week after a rattlesnake sunk its fangs into his right thumb Sunday evening.
Bill Johnson of Anthem was taking out the trash after his daughter’s birthday party when he heard a “hissing sound.”
“I thought I might have either a gas line or water line that had come loose,” Johnson said.
It was 10 p.m. when he said he reached down into the darkness and was struck.
Johnson didn’t see his attacker, but said he knew from the power of the “bee-like sting” that it was a snake.
He rushed inside and said within five minutes, he passed out.
His wife called 911. The first hospital he went to did not have enough anti-venin to treat his severe condition, so he was airlifted to Good Samaritan hospital in Phoenix.
Johnson is the 14th rattlesnake case this month alone to receive treatment there.
Toxicologist Michael Levine said most rattlesnake bites aren’t life threatening, but Johnson’s was.
He was put on life support for 24 hours.
“This gentleman was critically ill,” said Levine. “I think he very well would have died if he didn’t get therapy.”
Good Samaritan sees an average of 60-80 rattlesnake bites a year, with monsoon season being the busiest time for the deadly desert dwellers to attack, according to Levine.
Not only did Johnson spend his daughter’s “Sweet 16” hooked to IVs, he also celebrated his 18th wedding anniversary in a hospital gown.
“It was kind of odd because it was like I’d do anything to upstage those events,” said Johnson.
He was discharged from the hospital on Friday.
Leads grew after a couple brought the endangered reptile to a pet store
TULSA – Detectives are investigating how a baby tortoise disappeared from the Tulsa Zoo.
Danny, an endangered Pancake Tortoise, is now in quarantine after officers recovered it at a couple’s home Friday.
The reptile went missing two weeks ago. Zoo employees say they’re not sure how.
Leads developed after a couple brought the tortoise to the Pet Stop in Owasso.
“They just brought him in to see what he was,” said Ashlee Silva, a store manager. “They’ll bring in different reptiles they find and try to figure out what it is.”
Police have not arrested anyone. The case is still under investigation.
“I can’t even tell you how happy we are to have this animal back in our collection,” said Barry Downer, reptile curator.
Downer says employees are being reminded to be vigilant about securing restricted areas.
Leave those alligators alone
Whenever I talk to elementary school students about alligators, I point out that these fearsome reptiles have a brain the size of a walnut.
Your average Florida gator, and I’m not talking about the football fan, isn’t half as smart as a second-grader.
Still, every summer, we hear about alligator attacks, most of which could have been avoided if the victim had exercised a little common sense.
Take, for example, an incident July 12 in the Central Florida town of Sanford.
According the Florida Fish and Wildlife Conservation Commission, Dirk Alan Willms, 44, spotted an alligator crossing a road and decided to grab its tail. The gator, which measured about 4 feet in length, whipped around and bit Willms, whom law enforcement officials said appeared to be intoxicated.
After chomping down on Willms’ leg, the alligator scurried into some bushes. Willms, wounded but undeterred, pursued the reptile into the vegetation and was bitten again, this time on the hand.
Bloodied but not still beaten, Willms eventually subdued the beast and took it home. A passerby, however, took note of the shenanigans and reported the abduction to authorities, who arrived shortly thereafter and ticketed the gator-napper.
Willms of 501 Lemon St. was charged with possession of an alligator, a second-degree misdemeanor, which is punishable by 60 days in jail and a $500 fine. The state lists alligators as a species of special concern. They can be legally taken only by those with proper licenses and permits.
This gator, meanwhile, was released unharmed into nearby Lake Jesup. Willms, who received minor punctures and cuts, was told to seek medical attention, but it is unclear if he followed the investigating officer’s advice.
Use your head
Florida has more than 1 million alligators and averages about seven alligator attacks a year.
Since 1948, when the state began keeping records, there have been 517 unpleasant alligator-human interactions. Some, like the previously mentioned case, are considered the human’s fault.
The majority of the attacks, however, are classified as “unprovoked.” But many of these incidents could have been avoided.
Alligators typically grab their prey in the water, or within a yard or two of the water’s edge. In two-thirds of the attacks on humans, the victim never sees the gator coming. In most cases, the gator strikes from beneath the water.
Alligators are opportunistic feeders and eat just about anything — fish, turtles, raccoons, your dog, if you let it get too close to the water. Most alligator attacks occur in residential areas — canals, lakes, golf course ponds — where the reptiles have grown accustomed to seeing humans.
The best advice for someone who wants to avoid being added to the list of the 22 people who have been killed by alligators in the modern era, is to stay out of freshwater at dawn, dusk and at night, when gators are most active.
Act like an ape man
But if you do find yourself tangling with one of these living dinosaurs, think like Tarzan. After watching Johnny Weissmuller battle countless crocodiles, which are much meaner than alligators, it is obvious that the best strategy when under attack is to fight like you were raised in the jungle by a band of primates.
Don’t worry, you won’t make the alligator any madder. Remember, it is a dumb reptile looking for an easy meal. If you struggle, it might just release its grip.
Go for the most vulnerable part on the alligator’s body: the snout. Kick, punch, scratch, yell and scream. If you can, gouge its eyes. Stay above the water, because if the beast gets you below the surface, you will end up part of the food chain.
Whatever you do, never grab an alligator by the tail, and for heaven’s sake, don’t take it home.
Snakes invade children’s museum
TERRE HAUTE, Ind. (DRN) – A local museum faces a snake invasion, but it was all a plan to teach survival skills to kids.
Children got the chance to pet and hold snakes at the Terre Haute Children’s Museum this morning.
It is part of Survivor Camp at the museum. Kids learn basic survival skills and compete to earn survivor rewards.
A lot of the lessons involve animal safety and how to react when they see animals in the wild.
“They’ll be learning all about them. They’ll learn that this snake is named Maddy, and that she was rescued. And they’ll learn about what she eats. They’ll get a chance to hold her or touch her if they want,” Director of Education and Exhibits Rachel Nickel said.
The Children’s Museum said they have lots of educational opportunities for the community, and are excited about the new building opening in September.
Two-Headed, Six-Legged Dragon Is ‘Amazingly Cute’
(July 22) — A dragon with two heads and six legs sounds like something out of Greek mythology, not a pet. But for Todd Ray, owner of California’s Venice Beach Freakshow, that’s just what Pancho and Lefty is — or shall we say, are.
The 2 1/2-month-old two-headed bearded dragon arrived safely at Ray’s West Coast doorstep last week, shipped from its birthplace just outside of Dayton, Ohio, through an animal transport company.
As with most of his freak animals, Ray discovered the conjoined-twin lizard on an online forum. And like most of us, the original owner had never seen anything like it. After two months of caring for the remarkable creature, the hobbyist breeder had grown attached to it, but Ray says he persuaded him to make the sale.
“I told him, ‘This is what we do. These are the types of animals that we’re used to taking care of and that we love to bring to the public so that they can see these living miracles.'”
“He was excited about that,” Ray told AOL News. “He didn’t want them to end up in someone’s home or in a situation where they might not make it.”
The immediate payment of nearly $5,000 also helped sway the owner’s decision.
So far, Pancho and Lefty are doing well. Ray closed the Freakshow for several days in order to stay home and ensure the double dragon was adjusting to its new environment. Of course, much of that time was spent just watching the lizard — or lizards — in fascination.
“They’re amazingly cute,” he said. “And their colors are really nice.”
Both heads have been enjoying a healthy diet of crickets and wax worms, and their body has already begun shedding.
They move with relative ease, although sleep can occasionally be a struggle when Pancho wants to rest, but Lefty doesn’t. Lefty will start walking and dragging his twin in a desired direction. When Pancho inevitably wakes up, he’ll start pulling the other way.
But overall, they get along well and never fight.
“It’s like they’re used to having each other there,” Ray said.
He plans to showcase them at the Freakshow once they’ve gotten bigger and are comfortable in front of people. A special terrarium designed to control the high levels of humidity at the beach will be set up for them in their new home.
“I could be making money now, but their value is much more than money,” Ray said. “The typical freak show mentality is to get the money. We’ll get the money, but we make sure we protect these animals because they’re beyond special.”
The find comes just weeks after the showman acquired a two-headed albino hognose snake. Now with 14 live double-headers — not to mention 20 examples of dragon anomalies that didn’t make it past birth, including four-legged conjoined twins and one with two faces — Ray believes his Venice Beach Freakshow is the world’s largest assembly of two-headed creatures.
“One-headed animals definitely seem kinda weird to me at this point,” he said.
Court frees some turtles, orders others held
A few of the hundreds of animals seized from reptile aficionado Terry Cullen have won their freedom, but the vast majority of the snakes, lizards and crocodiles remain stuck in legal limbo and under watch of officials who don’t want them.
Authorities seized the animals from what they described as filthy, desperate conditions in May. Cullen, 60, was charged with sexual assault of an Illinois woman who says Cullen was interviewing her for an internship with his repitle conservancy, and with several counts of misdemeanor animal-related offenses.
Authorities were investigating the assault claim when they discovered the reptiles, plus some rats and mice and two dogs, two locations in Milwaukee.
Cullen has pleaded not guilty to the charges, and is also trying to get the animals returned to him or to court-appointed receivers that he claims can better care for them than local animal control officials. He says their conditions have worsened and some have died since they were taken from him.
The state, likewise, has requested permission to permanently relocate the animals, something Cullen contends could kill some of them. In court papers, prosecutors said the Milwaukee Area Domestic Animal Control Commission, MADACC, is doing the best it can, but that caring for exotic species creates a dangerous work environment. They also agree the animals need better care than can only be provided out of state.
Prosecutors said their request is a matter of “utmost urgency” to protect the health of the reptiles and to keep the community safe.
But at a hearing Tuesday, Circuit Judge Jeffrey Conen said that issue really belongs in a separate proceeding in civil court. He ruled that Cullen had missed a deadline to contest the animals’ seizure under the state’s animal statute, and no longer had any property interest in the “unclaimed” creatures.
But the sides had reached agreeement on some turtles, and Conen ordered that about a dozen turtles currently in the custody of the state Department of Natural Resources, which are native to Wisconsin, can be released into the wild. But an ornate box turtle and a Blanding’s turtle must be held as evidence in the pending case against Cullen.
Cullen’s attorney, Anthony Cotton, said the few animals being kept at the Racine Zoo are doing fine, but that hundreds being kept at a MADACC storage building under circumstances no better than what Cullen provided, and without his specialized knowledge.
Cotton said Cullen had experts from around the country in court and ready to testify Tuesday about better places to care for the reptiles. He argued that the animals should be treated like any other other property seized during a search warrant in a criminal investigation, and since police have released them as evidence, they should be returned or put under a receiver.