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June 11, 2008, 3:37PM
Hunting guide acquitted by Houston federal jury


By CINDY GEORGE
Copyright 2008 Houston Chronicle


A Houston federal jury today acquitted a Virginia hunting guide who led Houston billionaire Dan Duncan and other hunters on a 2002 Siberian excursion.

Robert Kern and The Hunting Consortium of Berryville, Va., were charged with breaking the Lacey Act, a federal law that bans importation of wildlife knowingly taken in violation of another country's laws.

After the verdict, Kern shook hands with his lawyers, Howard "Toby" Vick and Tim Heaphy.

During a September 2002 trip, Duncan, Conroe taxidermist Mike Simpson and others shot moose and snow sheep from a helicopter. They donated the meat to poor residents of remote Russia.

Using an aircraft as a shooting platform is generally frowned upon in hunting circles as unsportsmanlike and unethical.

Prosecutors argued that the conduct was illegal.

Under the Russian laws cited in the indictment, hunting while airborne is prohibited, though there are legal exceptions. Permits for overhead shooting are issued to organizations or individuals for cultural, scientific, educational or economic purposes, such as meat gathering.

To convict, jurors had to determine that the government proved three elements: That wildlife was taken in violation of Russian law, that Kern knew helicopter shooting was illegal and that Kern caused trophy parts — moose antlers and sheep horns — to enter the United States.

Defense lawyers said the government's case failed on all three points. Apparently, jurors agreed that at least one element was not proven by prosecutors.

Jurors deliberated for three hours Tuesday and fours hours today before reaching a decision.

Kern faced up to five years in prison and a $250,000 fine, plus criminal penalties for the company.

cindy.george@chron.com

Texas judges and juries have been doing good jobs of explaining to over-zealous prosecutors the errors of their ways. Just wish Bush would fire some of these guys.

When did it become the resposbility of TX prosecutors to enforce Russian laws?

Here is the update from Safari Press yesterday. I had thought that Kern was present during the alleged illegal activity but apparently he just made the hunt arrangements. Interesting.

"West Virginia-based hunt booking agent Robert Kern was found not guilty today in a federal court in Houston of charges related to a 2002 hunting trip in Russia. Robert Kern and his company The Hunting Consortium were charged with breaking the Lacey Act, a federal law that bans importation of wildlife knowingly taken in violation of another country's laws. Kern had been accused by the U.S. government of three things: That he aided others in the taking of wildlife in violation of Russian law, that he knew shooting from a helicopter was illegal, and that he caused the resulting trophies—moose antlers, sheep horns, and skins—to enter the United States.
The prosecutor for the U.S. government, Wayne Hettenbach, had to convince jurors that Kern was guilty of all three counts. Early on in the trial this turned out to be a tough case for the government as it could produce no witnesses from Russia while Kern had a credible witness, Victor Kropivyansky, a regional wildlife deputy director. He spoke via a translator and said that the trip in question was conducted legally and provided an economic benefit "because it's free meat†for the local populace.

The case stemmed from a 2002 hunting trip when four prominent international hunters traveled to the Russian Far East region to hunt for sheep and moose. During this trip animals were allegedly shot from a helicopter. When the U.S. government tried to indict one of the four hunters of conducting illegal wildlife acts in Russia, it failed. Kern was not among the group of four, but after the government failed to get a recommendation on indictment for the hunter from a grand jury, prosecutors fell upon Kern, the agent who had arranged the trip, in what was perceived by some as a vindictive action.

Kern had to spend a rumored three quarters of a million dollars to defend himself, and he maintained his innocence from the get-go. The trial went poorly for the government from the start. At first it changed lead prosecutors for unknown reasons and after that Kern was reportedly offered a plea bargain that would have reduced the felony charge to a misdemeanor. Kern refused this offer and held out for a full jury trial. The jury deliberated several hours and found Kern not guilty on all counts."

isn't amazing what a wealth backing can do for someone that amounts to nothing more than a crook!If you need a helicoter to shoot you game from then you are much of a hunter just an award chaser

Reminds me of a leopard that I had imported into Canada 30 years ago. I had shot it in the Northern Transvaal. Customs seized it .. said that it was an endangered animal and had to be destroyed !!! ??? Now didn't that make a lot of friggin' sense ??? I am glad that Mr. Kern won ... as did I...

More of my tax dollars wasted on trying to enforce some other countries' laws. And also trying to go after someone who wasn't even involved in the shooting. WOW!

Now if he could only sue the govt for his time and legal fees justice would be served.

Now that the details of the trial have been released, you can see how desperate the govt's case was. The man wasn't even there when it happened and shame on some of us here for jumping all over him without knowing the facts. Pity it took so much time and money to defend himself. Perhaps he can recoup some of his losses?