bat1
03-23-2013, 01:12 AM
What is this world coming too?
By Reed Albergotti
EPA
A close up view of Phil
Cold weather may have landed Pennsylvania’s most famous rodent in legal hot water.
Punxsutawney Phil, immortalized in the movie “Groundhog Day,” is known worldwide for his ability to predict an early arrival of spring.
This year, Phil was dead wrong, and an Ohio prosecutor who’s tired of cold weather thinks Phil should die for his mistakes.
Michael T. Gmoser, the prosecutor for the town of Butler County, Ohio, has filed a criminal document (sent to local media outlets instead of the county clerk’s office), charging Phil with “Misrepresentation of Early Spring,” and because of “aggravating circumstances,” has recommended the death penalty.
“He’s already serving a life sentence,” said Mr. Gmoser told Law Blog, referring to his underground residence in Pennsylvania. “The only thing left was the death penalty,” he said.
The court document says that Phil misled the public “with prior calculation and design” into believing that spring would come early.
The Punxsutawney Groundhog Club, which oversees Phil’s activities, did not immediately respond to a request for comment.
Bill Deeley, president of the club, told the Washington Post that Phil had retained a lawyer and would fight extradition to Ohio. Mr. Deeley believes that even if Phil is found guilty, a sentence of death is “very harsh.”
Groundhog Day is celebrated every February 2, and if Phil emerges from his burrow and sees his own shadow, it is a sign that winter will continue for six more weeks. If Phil does not see his shadow, he is indicating that spring will come early. Last month, Phil did not see his shadow.
Phil’s fame may work against him. Although Phil has never traveled to Butler, Ohio, his prediction was televised there, giving the prosecutor a jurisdictional hook.
Mr. Gmoser may have a difficult time proving that Phil had criminal intent, however. He will have to look for emails or text messages that show Phil intentionally did not look toward his shadow to throw off the public. In addition, it may be difficult to show that Phil, who subsists mostly on vegetation and the occasional grasshopper, had anything to gain from misleading the public.
The prosecutor might have a better chance charging Phil with obstruction of justice if he can show he gnawed sensitive documents into shreds or tried to hide incriminating emails deep in his underground burrow.
Phil’s attorney could point to studies that suggest he is accurate less than half the time or play the global warming card and suggest that Phil made an honest mistake due to erratic weather patterns in recent years.
Mr. Gmoser, however, revealed to Law Blog that he has a star witness: Buckeye Chuck, another weather-predicting groundhog who lives in Marion, Ohio. Chuck has been granted immunity and plans to testify against Phil, Mr. Gmoser said. After testifying, Chuck plans to go underground.
http://blogs.wsj.com/law/2013/03/22/prosecutor-chucks-book-at-groundhog-for-bad-prediction/?mod=e2fb
By Reed Albergotti
EPA
A close up view of Phil
Cold weather may have landed Pennsylvania’s most famous rodent in legal hot water.
Punxsutawney Phil, immortalized in the movie “Groundhog Day,” is known worldwide for his ability to predict an early arrival of spring.
This year, Phil was dead wrong, and an Ohio prosecutor who’s tired of cold weather thinks Phil should die for his mistakes.
Michael T. Gmoser, the prosecutor for the town of Butler County, Ohio, has filed a criminal document (sent to local media outlets instead of the county clerk’s office), charging Phil with “Misrepresentation of Early Spring,” and because of “aggravating circumstances,” has recommended the death penalty.
“He’s already serving a life sentence,” said Mr. Gmoser told Law Blog, referring to his underground residence in Pennsylvania. “The only thing left was the death penalty,” he said.
The court document says that Phil misled the public “with prior calculation and design” into believing that spring would come early.
The Punxsutawney Groundhog Club, which oversees Phil’s activities, did not immediately respond to a request for comment.
Bill Deeley, president of the club, told the Washington Post that Phil had retained a lawyer and would fight extradition to Ohio. Mr. Deeley believes that even if Phil is found guilty, a sentence of death is “very harsh.”
Groundhog Day is celebrated every February 2, and if Phil emerges from his burrow and sees his own shadow, it is a sign that winter will continue for six more weeks. If Phil does not see his shadow, he is indicating that spring will come early. Last month, Phil did not see his shadow.
Phil’s fame may work against him. Although Phil has never traveled to Butler, Ohio, his prediction was televised there, giving the prosecutor a jurisdictional hook.
Mr. Gmoser may have a difficult time proving that Phil had criminal intent, however. He will have to look for emails or text messages that show Phil intentionally did not look toward his shadow to throw off the public. In addition, it may be difficult to show that Phil, who subsists mostly on vegetation and the occasional grasshopper, had anything to gain from misleading the public.
The prosecutor might have a better chance charging Phil with obstruction of justice if he can show he gnawed sensitive documents into shreds or tried to hide incriminating emails deep in his underground burrow.
Phil’s attorney could point to studies that suggest he is accurate less than half the time or play the global warming card and suggest that Phil made an honest mistake due to erratic weather patterns in recent years.
Mr. Gmoser, however, revealed to Law Blog that he has a star witness: Buckeye Chuck, another weather-predicting groundhog who lives in Marion, Ohio. Chuck has been granted immunity and plans to testify against Phil, Mr. Gmoser said. After testifying, Chuck plans to go underground.
http://blogs.wsj.com/law/2013/03/22/prosecutor-chucks-book-at-groundhog-for-bad-prediction/?mod=e2fb