Maria Vaccarella faced up to $500 in fines for taking in a pair of baby squirrels abandoned by their mother, but Municipal Court Judge James Newman said the summons she was issued didn't match the statute she was charged with violating.
"I would definitely save a life again," Vaccarella said happily after court in Howell Township. " A life is a life."
As her trial was expected to start, Newman explained that attorneys in the case had conferenced for about 30 minutes to discuss how to proceed.
Vaccarella openly acknowledges she nurtured two baby squirrels whose injured mother had abandoned them last summer. She was so proud of what she had done that she posted her efforts on social media, which attracted the attention of state Fish and Wildlife officials. In November, they charged her with illegally being in possession of wildlife.
But Newman noted in court that Vaccarella had not been charged under the statute that addresses possession of wildlife and that she instead was charged under a statute that sets the penalties for illegal animal possession.
"The summons as written does not charge an offense and therefore the court will dismiss," Newman said.
The statute under which Vaccarella was charged used to make reference to game animals but had been amended to make it only a penalty statute, said Claire Scully, the attorney who prosecuted the case. The current animal statute makes no reference to game animals, but mentions exotic or indigenous animals.
Vaccarella's attorney, Doris Lin, noticed the discrepancy immediately and pushed to have the charge dismissed, Vaccarella said. Lin argued issuing Vaccarella a new summons under the correct statute would be "double jeopardy" for her client and not permitted by state law.
After court Vaccarella, surrounded by more than two dozen supporters, said she had no idea about the rules governing the rehabilitation of wild animals so she didn't think twice about posting her efforts online.
"I was someone who was so innocent that I got myself in trouble," she said.
New Jersey requires licensed rehabilitators to take in sick or injured wild animals, said Melissa Jacobs, a rehabilitator from Neptune City.
The case highlights the desperate need for more rehabilitators in New Jersey, whose numbers have dwindled from a high of 150 between 2000 and 2004 to the current low of 22 because of onerous regulations, Jacobs said.
Jacobs said Vaccarella had contacted her last summer about taking the squirrels but she was filled to capacity.
"Maybe I'll get a permit for rehabilitating animals," Vaccarella said.
(NJ.com - Feb 10, 2016)
Earlier:
No comments:
Post a Comment