jci63

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  1. Thank You I have recevied an overwhelming amount of cards in support of this situation.
  2. Firearms Industry Statement on Results of CDC Blood Lead Levels in Hunters Study NEWTOWN, Conn. -- The National Shooting Sports Foundation (NSSF) -- the trade association for the firearms, ammunition, hunting and shooting sports industry -- issued the following statement in response to study results from the Centers for Disease Control and Prevention (CDC), released by the North Dakota Department of Health, showing no evidence that lead or "traditional" ammunition pose any health risk to those who consume harvested game meat. Recognizing that hunters and their families may be concerned or confused by recent news reports about the study, NSSF encourages every individual who may consume harvested game meat to read the NSSF statement, fact box and CDC report made available in this news release. Facts Hunters Should Know from the CDC Study . . . 1. Consuming game harvested using traditional hunting ammunition does not pose a human health risk. 2. Participants in the study had readings lower than the national average and well below the level the CDC considers to be of concern 3. Children in the study had readings that were less than half the national average and far below the level the CDC considers to be of concern 4. The study showed a statistically insignificant difference between participants who ate game harvested using traditional hunting ammunition and the non-hunters in the control group 5. Hunters should continue to donate venison to food pantries Read the CDC report (PDF) The CDC report on human lead levels of hunters in North Dakota has confirmed what hunters throughout the world have known for hundreds of years, that traditional ammunition poses no health risk to people and that the call to ban lead ammunition was nothing more than a scare tactic being pushed by anti-hunting groups. In looking at the study results, the average lead level of the hunters tested was lower than that of the average American. In other words, if you were to randomly pick someone on the street, chances are they would have a higher blood lead level than the hunters in this study. Also of note, the lead levels of children under 6 in the study had a mean of just 0.88, less than half the national average. Children over 6 had even lower lead levels. The CDC's level of concern for lead in children is 10. A media advisory released by the North Dakota Department of Health cited the highest lead level reading of an adult study participant as still being lower than the CDC lead level threshold of concern for a child, and significantly lower than the CDC accepted threshold of concern for an adult. Furthermore, during a tele-press conference hosted by the ND Department of Health, officials stated they could not verify whether this adult even consumed game harvested with traditional ammunition. Correspondingly, the study only showed an insignificant 0.3 micrograms per deciliter difference between participants who ate wild game harvested with traditional ammunition and non-hunters in the non-random control group. Also demonstrating their understanding that game harvested with traditional ammunition is safe to consume, the ND Department of Health, following the release of the CDC study results, encouraged hunters to continue donating venison to local food banks as long as processing guidelines were adhered to. NSSF was critical of the ND Department of Health when earlier this year the Department overreacted to a non-peer reviewed study by a dermatologist who claimed to have collected packages of venison from food banks that contained lead fragments. North Dakota health officials did not conduct their own study, but merely accepted the lead-contaminated meat samples from the dermatologist. The ND Department of Health then ordered all food banks to discard their venison. Serious questions were raised in a subsequent investigative journalism piece published this summer about the scientific validity of the testing of venison samples from the ND food pantries, including concerns regarding the non-random selection of the samples. It has since come to light that the dermatologist's efforts were not the independent actions of a concerned hunter, as he claimed. It was an orchestrated strategy by the Peregrine Fund -- an organization dedicated to eliminating the use of lead ammunition for hunting. The dermatologist serves on the Fund's Board of Directors. For more than a century, hundreds of millions of Americans have safely consumed game harvested using traditional hunting ammunition, and despite there being no scientific evidence that consuming the game is endangering the health of individuals, special interest groups like the Peregrine Fund and anti-hunting groups are continuing to press state legislatures around the country to support a ban on this common, safe and effective ammunition. These politically driven groups understand that while an outright ban on hunting would be nearly impossible to achieve, dismantling the culture of hunting one step at a time is a realistic goal. Banning lead ammunition is the first step of this larger political mission. We can only hope that with the conclusive CDC results concerning the safety of traditional ammunition, legislatures across the country will listen to science and not anti-hunting radicals. The notion by some, that any amount of lead is a "concern," is scientifically unfounded rhetoric that runs contrary to nationwide, long-standing standards of evaluation. The NSSF is pleased that hunters and others can now comfortably continue consuming game harvested with traditional ammunition that has been properly field dressed and butchered, yet we remain unsettled that for so many months good and safe food was taken out of the mouths of the hungry as nothing more than a political gambit by special interest groups.'' http://www.nssf.org/news/PR_idx.cfm?...3e7336b65182d1
  3. DNR TO BAN LEAD BULLETS NEXT? Question or fact, you decide......... Michigan DNR Press Release & North Dakota Department of Health News Release. DNR Issues Tips on Reducing Lead Exposure in Venison Contact: Mary Dettloff 517-335-3014 Agency:Natural Resources Nov. 6, 2008 A recent report by a North Dakota researcher has brought up the issue of lead fragments in venison, prompting the Michigan Department of Natural Resources to inform hunters of ways to reduce their exposure to lead in venison. As many hunters know, a controversy has developed surrounding lead contamination of venison. This is because high-velocity rifle bullets will sometimes fragment on impact, especially if they hit bone. The small fragments are likely too small to be seen or felt while chewing. There are a number of ways to reduce potential exposure to lead. For example, hunters may select loads that are less likely to fragment; or non-toxic loads that contain little or no lead. In addition, slower shotguns and M7 projectiles do not fragment the way high velocity lead bullets do. Regardless of weapon, once a deer has been taken, liberal trimming around the wound channel will help limit lead exposure. Discard any meat that is bruised, discolored or contains hair, dirt, or bone fragments. A study by the Federal Center for Disease on whether lead in venison poses health risks to humans is expected to be completed soon. "Lead fragments have been found, but we don't know that it's a health risk," said Michigan Department of Natural Resources veterinarian Steve Schmitt. "People have been consuming venison for hundreds of years and may have been consuming some lead fragments, but we're not aware of any health problems. Whether or not it's a risk, we don't know." People who are concerned about ingesting lead with their venison might limit themselves to whole cuts, as opposed to ground meat. The issue of lead fragments in venison came about after a North Dakota researcher found that 56 percent of the packaged venison he examined, which had been donated to food banks, contained lead fragments. Subsequent testing of venison in other Midwest states showed lower percentages of lead contamination in donated venison. While Minnesota and North Dakota pulled venison from food banks and had it destroyed, other Midwest states did not. In Michigan, all venison from the state's Sportsmen Against Hunger program had already been distributed, so there was none in food banks to pull or test. For more information about white-tailed deer hunting in Michigan, visit the DNR's Web site at www.michigan.gov/dnrhunting. North Dakota Department of Health For Immediate Release: Nov. 5, 2008 For More Information, Contact: Stephen Pickard, M.D. North Dakota Department of Health Phone: 701.328.2372 E-mail: [email protected] State Health Department Announces Preliminary Findings in Blood Lead Level Study BISMARCK, N.D. - People who eat wild game harvested with lead bullets appear to have higher levels of lead in their blood than people who don't, according to preliminary findings in a study conducted by the North Dakota Department of Health and the U.S. Centers for Disease Control and Prevention (CDC). The study tested blood collected from a total of 738 North Dakotans in late May and early June 2008, according to Stephen Pickard, M.D., epidemiologist with the Department of Health. In September, each participant received a letter with his or her blood lead level, as well as information to help them interpret the results and a phone number to call if they had questions. "In the study, people who ate a lot of wild game tended to have higher lead levels than those who ate little or none," Pickard said. "The study also showed that the more recent the consumption of wild game harvested with lead bullets, the higher the level of lead in the blood." The correlation is statistical and adjusts findings for other potential sources of lead exposure; consequently, some individuals with substantial wild game consumption may have lower blood lead levels than some other individuals with little or no wild game consumption. The lead levels among study participants ranged from none detectable to 9.82 micrograms per deciliter. Wild game consumption among study participants ranged from zero to heavy consumption. Some study participants had no identifiable risk factors for lead exposure while others had more than one potential risk factor for lead exposure. "No single study can claim to be the final answer; however, this represents the best information we have to date to guide policy recommendations," Pickard said. "Because we know that lead exposure can cause serious health problems, especially for children and pregnant women, we are providing more definitive guidelines for hunters and others who may eat wild game shot with lead bullets." Based on the results of the CDC blood lead level study and a Minnesota study looking at how different types of bullets fragment, the North Dakota Department of Health has developed the following recommendations to minimize the risk of harm to people who are most vulnerable to the effects of lead: * Pregnant women and children younger than 6 should not eat any venison harvested with lead bullets. * Older children and other adults should take steps to minimize their potential exposure to lead, and use their judgment about consuming game that was taken using lead-based ammunition. * The most certain way of avoiding lead bullet fragments in wild game is to hunt with non-lead bullets. * Hunters and processors should follow the processing recommendations developed by the North Dakota Department of Agriculture. * If food pantries choose to accept donated venison or other wild game, they should follow these recommendations: * Shot with lead bullets - Accept only whole cuts rather than ground meat. (Studies indicate that whole cuts appear to contain fewer lead bullet fragments than ground venison.) * Shot with bows - Accept whole cuts or ground meat. "We are providing these recommendations so that hunters and others who consume wild game can make informed decisions," Pickard said. "Over the next year, we plan on working with the departments of Agriculture and Game and Fish to conduct further testing of venison to evaluate the cleaning and processing guidelines issued earlier." In late March 2008, the North Dakota departments of Health, Agriculture, and Game and Fish advised food pantries across the state not to distribute or use donated ground venison because of the discovery of contamination with lead fragments. A few weeks later, Minnesota made a similar advisory after laboratory tests discovered lead in venison that had been donated to food pantries in Minnesota. At that time, the North Dakota Department of Health asked the CDC for assistance in conducting the blood lead level study. In October, the Minnesota Department of Natural Resources released results of a study to determine how bullets commonly used for deer hunting might fragment. The study indicated that lead particles commonly are found farther from the wound channel than previously thought and that the number of lead fragments varies widely by bullet type. In addition, the study indicated that most lead particles in venison are too small to see, feel or sense when chewing. Pregnant women and young children are especially sensitive to the effects of exposure to lead because they absorb most of the lead they take in, and the brains of infants and young children are still developing. For children 6 and younger, any exposure to lead is considered too much. Although lead is also toxic for adults, they are less sensitive to the effects of lead and absorb less of the lead they take in. The following health effects often result from exposure to lead: * In young children, lead exposure can cause lower IQs, learning disabilities, stunted growth, kidney damage, attention deficit disorder (ADD) and attention deficit hyperactivity disorder (ADHD). -- more -- * In pregnant women, high lead exposure can cause low birth-weight babies, premature births, miscarriage and stillbirth. * In adults, lead can cause high blood pressure, hearing loss and infertility. A fact sheet and other information about the lead-in-venison issue is available on the North Dakota Department of Health's website at www.ndhealth.gov/lead/venison. Information about the Minnesota bullet study is available at www.dnr.state.mn.us/hunting/lead/index.html. http://www.fishingbuddy.com/forums/t...=167&tid=32338
  4. Pet Deer Attacks And Kills Owner November 14, 2006 A man living in up-state New York was killed when his pet deer attacked him. Ronald Donah, 43 was found by police on Sunday and later died after being taken to CVPH Medical Center in Plattsburgh, NY. Police did not release details of Donah's injuries or what may have prompted the attack. Police did say that deer attacks in the wild are very rare. The buck that killed his Donah was penned up with six other deer the man kept as pets on his property near the city of Albany. Although Donah had a license to keep the animals, police did not know why he kept them. http://www.wayodd.com/pet-deer-attacks-and-kills-owner/v/5744/
  5. Please help get this situation exposed. 1) Contact 7 & 4 News and ask them to investigate this story WPBN-WTOM TV 7&4 8513 M-72 West Traverse City, MI 49684 Call us: (231) 947-7770 (800) 968-7770 2) Contact 9 & 10 News and ask them to investigate this story 9&10 News PO Box 627 Cadillac, MI 49601 1-800-STAR-910 (7827-910) 3) Contact the Detroit News and ask them to investigate this story The Detroit News A MediaNews Group company 615 W. Lafayette Blvd. Detroit, MI 48226 phone: (313) 222-2300 / fax: (313) 222-2335 4) Post this story on every website you are a member too!
  6. Any Questions, just call me, nothing to hide! This effects every hunter nation wide....YOU COULD BE NEXT!
  7. My deer was shot on December 19, 2004. I personally took this picture in their neighborhood in 2006. And guess what, it was an 8 point! I have a DVD footage too, turned in as evidence. I wish I could get to court, but it keeps getting thrown out. The financial strain is killing me. The deer pictures a few pictures back is the same deer, it got hit by a car in 2007, 9 point.
  8. Here's the information about the location of the pet deer. The deer got smucked in Alanson on M-68 on Friday, October 19, 2007 around 11:00 by a vehicle.
  9. View the Michigan Court of Appeals decision here http://coa.courts.mi.gov/documents/opinions/final/coa/20080916_c276828_74_276828.opn.pdf
  10. Please show this guy your posts of support. He has funded this battle, fought for almost four years and personally filed a Petition to the Michigan Supreme Court. And post this on every chat board you are a member with. Indian River resident John Ingersoll has filed a petition for Application for Leave to Appeal to the Michigan Supreme Court in Pro Per (representing himself). This decision could affect all sportsmen and women throughout the state of Michigan. Ingersoll's opinion is a hunter should be able to hunt legally without harassment and being accused of criminal activity. We must stand-up for our god given right to hunt and fish in our state.
  11. DNR Retired Lt. Jeffery Gaither, Sgt. Greg Drogowski and Officer Michael Feagan were investigated by the State of Michigan Attorney Generals Criminal Division, the Michigan State Police, the Otsego County Prosecutor, Cheboygan County Prosecutor and the U.S. Federal Attorneys Office for perjury, obstruction of justice and violation of ones Constitutional Rights. The DNR Officers were exonerated from any wrongdoing by all agencies.
  12. Update on Hunter files Petition for Application for Leave to Appeal to the Michigan Supreme Court. The Supreme Court Docket #137568 and the hearing looks like it will take place on November 25, 2008
  13. Hunter files petition to Supreme Court! Indian River resident John Ingersoll has filed a petition for Application for Leave to Appeal to the Michigan Supreme Court in Pro Per (representing himself). This decision could affect all sportsmen and women throughout the state of Michigan. Ingersoll’s opinion is a hunter should be able to hunt legally without harassment and being accused of criminal activity. We must stand-up for our god given right to hunt and fish in our state. This lawsuit arose because of Defendants’ false and defamatory statements that turned many members of the community against the Ingersoll, seriously damaging his reputation. The Defendants wrote letters-to-the-editor of local newspapers that accused Ingersoll, a deer hunter, of killing an 8-point albino buck that was a neighborhood pet that the Defendants had been feeding for four years. Ingersoll’s buck was a 2½ year-old piebald, not an albino, and was taken several miles from Defendants’ neighborhood. Ingersoll demanded retractions of Defendants’ false statement but they refused. On December 19, 2004, Ingersoll was legally deer hunting on private land in Emmet County, Michigan. It is undisputed that he had permission to hunt the property, was properly licensed, was wearing the required amount of hunter orange, was using the proper firearm, was hunting during the legal hours, and was using legally-prescribed hunting methods. Late in the afternoon he saw a buck emerge from the woods about 200 yards away. The buck appeared to have an 8-point rack, but its coat was white, not the normal brownish coloration of whitetail deer. He studied the deer through his binoculars but did not observe pink eyes which are a distinguishing characteristic of an albino. He did observe distinct patches of dark hair on its head and hocks against the white coat which distinguished the deer as a piebald. At the time this action was filed, The Michigan Department of Natural Resources has enacted a clear and simple hunting regulation regarding the taking of albino deer. (However, Ingersoll’s situation reversed the law when the Natural Resources Commission repealed the provision on the DNR Order 3.100(2), effective June 6, 2008 and it is therefore no longer unlawful to hunt albino deer in Michigan): MDNR ORDER 3.100 (2) It shall be unlawful for a person to take or possess, at any time, an albino deer, being a deer with all white or colorless hair, or a deer with a coat of all white or colorless hair similar to an albino deer. Piebald, or partially white deer, may be taken under the provisions of this order. Knowing that the deer was legal quarry he killed the buck, tagged it and took it home. Realizing the large amount of white hair may present a legal question, on December 21, 2004 Ingersoll took the buck to the Michigan Department of Natural Resources Field Office in Indian River. Two DNR wildlife biologists, a wildlife technician and a conservation officer thoroughly inspected and photographed the deer. They concluded that the deer was not an albino or white deer; it was a piebald buck that was legal to take. Ingersoll took the deer to several locations where deer hunters congregated where additional photographs were taken, newspapers published photographs of the Ingersoll and his buck, along with several letters-to-the-editor that accused the Ingersoll of shooting the “neighborhood’s pet Albino deer. Neighbors upset by killing of “albino” deer Who killed our friend for a trophy? Please be advised that on Monday, December 20, 2004, someone from Indian River shot and killed the neighborhood’s pet “Albino” deer. We have been lovingly feeding this pretty animal for four years. The DNR said it was a legal kill – but having been as close as 10 feet from this pet deer one of us was unable to see any brown markings. The stain observed by DNR was quite possibly a discharge from hind quarters and the small stain on forehead could be from tree rubbing. The neighbors and surrounding friends are very, very upset over the killing for a “trophy.” Saddened and broken hearted............. Deer should have been protected I would like to know what the law is, or how the DNR stands with killing an albino deer. Webster’s dictionary defines albino as: a person, animal, or plant lacking normal coloration. I was told the white buck that lived in the Burt Lake area was shot by a hunter and killed. This news has saddened myself and others. If the law doesn’t protect these animals, who will? I know the people in the area tried – even hunters wouldn’t shoot him if he came into their bait pile. I come from a family of hunters, but some living beautiful animals should be protected........... Sad to hear white deer was killed After receiving the sad news on Christmas eve about someone shooting the white deer near Alanson, I felt I needed to let people know how sad it really is. As a relative of people who watched this young buck grow and blossom since birth and then to watch them be so broken hearted over his death, I feel the people who live in Northern Michigan and appreciate its miracles and beauty should know that a young man looking for a “trophy” shot and killed the most beautiful sight I have ever seen! It’s just so sad........... These statements triggered an avalanche of negative public sentiment against Ingersoll , convincing them that Ingersoll: 1) committed an illegal act by killing an albino deer, and 2) committed an immoral, reprehensible, repugnant act by killing a deer that was the “neighborhood’s pet.” Ingersoll attempted to correct the misconception explaining the true facts, showing photographs of his deer, and even having the deer mounted so he could display it to prove he did not shoot the “neighborhood’s pet albino deer.” His attempts to clarify the facts did not correct the impact of the untrue statements about Ingersoll in the letters-to-the-editor. Then, on January 18, 2005, a letter-to-the-editor from another Defendant appeared in the newspaper that incited further community outrage: Beautiful deer slain To say that your article and the picture of the Albino deer that was killed near Alanson saddened us would not be the correct choice of words. I also believe that the referring to Mr. Ingersoll as a hunter would not be correct. I am but one of the many residents of the area who have enjoyed viewing this deer over the past years. I have both movies and pictures of this beautiful animal. Reports are that the deer had a small brown spot near its back foot. I would like to know how Mr. Ingersoll could see such a spot with the amount of snow that we had on the ground on the day that he killed this animal. This deer has been cared for by the residents of this area for years and was almost as tame as our house pets. Many of us wonder how Mr. Ingersoll dispatched the animal: did he use his pocketknife or just a stick that he picked up off the ground? I have been a deer hunter for more than 50 years and have never needed a deer bad enough to end the life of such a beautiful animal. I am very happy to say that I know of no real hunter who feels any different than I. When the community read Defendant’s assertion that “This deer has been cared for by the residents of this area for years and was almost as tame as our house pets” the reputation and image of Ingersoll was further degraded. People made disparaging and hostile remarks to Ingersoll and his family when they were in restaurants and other public places and some even threatened to come to Plaintiff’s house and shoot his dogs. Students and teachers who held Ingersoll in low esteem because of the letters to the newspapers harassed Ingersoll’s teenage daughter at school, and Ingersoll’s wife received a hostile telephone call from a Defendant, one of the authors of a defamatory letter to the editor, resulting in a complaint to the Tuscarora Township Police Department. On January 7, 2005, DNR Conservation Officer Michael Feagan wrote an Incident Report, reviewed by his supervisor DNR Sgt. Greg Drogowski, where he reported that DNR wildlife experts agreed that Ingersoll’s deer was not an albino. The deer was examined at the Indian River Field Office by retired Department of Natural Resources Wildlife Biologist Doug Whitcome, Michigan Department of Natural Resources Wildlife Technician Greg Whittaker, and me.There was obvious brown coloring on the head of the deer and on the inside of both rear hocks. It was determined by all involved that the deer met the legal requirements to be considered a piebald. Photos of the brown coloration on the deer were taken and e-mailed to Lieutenant Gaither who presented them to wildlife biologist at the Gaylord Operations Office. They confirmed from the photos that the deer was a piebald. Because some of the Defendants accused the Ingersoll of fraudulently coloring the hair of his piebald buck, the DNR initiated a criminal investigation of the legality of the deer. A He commented that Mrs. Defendant and Mr. -- Mrs. Defendant - not Mister -- were at his place of business, and he told me they were there for approximately three to five hours, and they came with an 18-inch stack of Polaroid pictures of a deer since birth, and ranting and raved that -- this was in his words -- and stayed there. And then the DNR officer stopped by. He didn't say -- he didn't give me a name of which one. And he commented how Mrs. Defendant and Mrs. Defendant chewed the DNR officer out, and told him they weren't doing their job, and the deer was illegal, and so on and so forth, and that he needed to do his job. And apparently he went back and somebody cut some holes in the hide. DNR Sgt. Greg Drogowski testified in his deposition that this was a criminal investigation. Q Now, is there any reason why you didn't contact Mr. Ingersoll to ask if you could -- A Yes. Q -- take samples? A Yes. Q And why not? A Because in criminal investigations, if I would have done that, it's a possibility the deer hide would disappear before a sample could be taken. DNR Pathologist Thomas Cooley received the hair samples at the DNR’s Wildlife Disease Laboratory in Lansing where he made the following determination: The eyes were pigmented (which by definition eliminates this as being an albino animal, but there was a question regarding the staining of the fur in the two areas as to whether they were stained naturally or by the hunter through painting or staining the areas with some type of petroleum product. Pathologist Cooley then sent the hair samples to the Michigan State University OCPAH for further testing by toxicologist Wilson K. Rumbeiha who concluded: HISTORY: The animal was reportedly seen earlier in the summer and fall with a pure white coat. When harvested, the animal had brown on the head and torsal area. Because albino deer are protected by law, there is a question as to whether or not the stain on the fur was due to the hunter painting or staining the hair with some type of petroleum product. TEST COMMENT: Skin and hair tested negative for petroleum hydrocarbons. We did not find any manmade chemicals on the skin. Ingersoll had submitted the head of his buck to the DNR for aging and testing for bovine tuberculosis. DNR Wildlife Veterinarian Stephen M. Schmitt mailed the results, which stated: Your deer, TB Tag #258627, submitted on 12/28/04 was aged at the Rose Lake Lab as a 2.5 year old male. No evidence of tuberculosis was found in this deer. On May 15, 2005, Ingersoll sent certified letters to Defendants demanding that each of them retract their false assertions that led the public to believe that Ingersoll killed their “neighborhood’s pet albino deer,” which, if true, constituted a criminal act. After allowing seven months to pass without seeing a retraction or receiving a response from any of the Defendants, Ingersoll filed a defamation lawsuit on December 29, 2005 against the seven individuals who wrote defamatory letters-to-the-editor. The fact that they asserted, or imputed that the Plaintiff committed a crime constitutes defamation per se. MCL 600.2911 (1) Words imputing a lack of chastity to any female or male are actionable in themselves and subject the person who uttered or published them to a civil action for the slander in the same manner as the uttering or publishing of words imputing the commission of a criminal offense. In response to the lawsuit, Defendants hired four attorneys. The four opposing attorneys immediately launched a rigorous barrage of discovery requests, and Ingersoll provided extensive and detailed answers, including a list of some 60 witnesses, including their addresses and descriptions of the subjects upon which they may be called to testify. Ingersoll provided exhibits supporting his contention that the deer he took was not the four-year old albino that the Defendants had been feeding in their backyards. This issue has been in contentious dispute from the outset, the subject of numerous depositions and resulting in the submission of an extensive array of documents, photographs and videos. The case was dismissed form Cheboygan Circuit Court on November 20, 2006, a final order was filed with the Court on December 4, 2006. On March 16, 2007 Ingersoll / Appellant filed a Claim of Appeal in the Michigan Court of Appeals along with all the proper documents. On July 18, 2007, Fred Trost, Ingersoll / Appellants Attorney, suddenly died. Ingersoll retained new council and a Notice of Appearance was filed on October 31, 2007. On September 9, 2008 Oral Arguments were heard at the Michigan Court of Appeals. It is from the Court of Appeals on September 16, 2008 affirming the granting of summary disposition to Defendant’s Renewed Motion for Summary Disposition under MCR 2.116©(8) and (10), which the Court granted as relief to all Defendants on all issues, that this appeal is taken. On October 28, 2008 Ingersoll filed an Application for Leave to Appeal to the Michigan Supreme Court, Brief in support of Application, Notice of Hearing and Proof of Service. Several sporting magazines and articles have appeared throughout the State, regarding this situation and the repeal of the provision on the DNR Order 3.100(2. Traverse City Record Eagle INDIAN RIVER -- John Ingersoll had no idea that shooting a rare "piebald" deer would lead to years of battles with state wildlife officials and some of his neighbors The Indian River resident's case is the catalyst for a proposed change in Michigan hunting laws that would remove protection for albino and other genetically mutated all-white deer. The Natural Resources Commission will consider the proposal Thursday in Lansing The state's about-face is good policy, Ingersoll believes, but it doesn't go far enough, and doesn't account for the thousands of dollars he lost in a lawsuit he hoped would clear his name. "I feel the reason they changed the law is to throw me a bone and hope that I'll go away," he said. In December 2004, Ingersoll shot a predominantly white deer while hunting in Emmet County and took it to the Michigan Department of Natural Resources field office in Indian River. His eight-point buck had brown eyes and patches of brown fur, by definition a piebald deer, not an albino or all-white deer, a fact later confirmed by DNR scientists. Not everyone would kill a white deer, Ingersoll acknowledged, but he believed he had the legal right to do so and he wanted the trophy. A full body mount of the animal resides at an in-law's house. News of Ingersoll's kill quickly spread, and the loss of the unusual creature distressed some local folks. Some wrote letters to newspapers to complain about him killing an albino deer. And in Michigan it's a crime to kill an albino deer -- unless state wildlife officials agree to the law change this week. The allegations that he'd killed a protected deer prompted Ingersoll to file a defamation lawsuit in Cheboygan County against seven area residents who publicly made that accusation. Two DNR officials -- retired Lt. Jeff Gaither and Sgt. Greg Drogowski -- testified in lawsuit depositions that Ingersoll killed an albino, after all. Ingersoll's lawsuit then was thrown out of court, and he was ordered to pay the defendants' legal costs. He since spent thousands more trying to prove he didn't commit a crime. Ingersoll wants DNR officials charged with perjury, obstruction of justice and violating his constitutional rights, he said. Drogowski said there's a biological explanation for the situation and why the state didn't charge Ingersoll with a crime for killing a protected albino deer. The deer was albino at one point, proven by earlier photographs that showed the deer with the same antler configuration. During the rut, the animal stained portions of its fur brown by rubbing trees and urinating on its legs, making it piebald when Ingersoll shot it Drogowski said. "We believe that was an albino or an all-white deer, but because it was stained brown, it made it legal for him to shoot," he said. Ingersoll is appealing the dismissal of his defamation lawsuit, said his Traverse City attorney, Jonathan Moothart.” The Michigan DNR should be proud that they employ talented individuals such as Sgt. Greg Drogowski who along with his cronies convinced a Cheboygan County Circuit Court Judge and the Michigan Court of Appeals of their fictional fairy tails is nothing short of miracle. Drogowski stated in the Traverse City Record Eagle on June 4, 2008 “The deer was albino at one point” then after waving his magic wand, it became a “piebald when Ingersoll shot it” Many things changed throughout the proceedings of this situation. On May 27, 2008 Ingersoll personally sent a letter to Governor Jennifer Granholm stating “I have tried my best to resolve this issue on my own through the proper channels. The Michigan Department of Natural Resources Director reviewed my situation. I don’t feel this was proper, due to the fact that she has no Law Enforcement background. She may have reviewed this information with Acting Chief of Law Enforcement Rodney Stokes, appointed after Alan Marble retired because the Copeland-Morgan issue. Once again Rodney Stokes has no Law Enforcement background. The Michigan DNR does not have an Internal Affairs department either. Basically they are unregulated, which when a citizen has a legitimate complaint, they have now way to obtain an investigation under the guidelines of this agency. The DNR Organizational Chart lists you Governor Granholm as the head of the Michigan Department of Natural Resources. Please do not make other citizens go through what myself and my family has endured for several years of our lives. This situation has been brought before Director Humphries only after your office forced her to do so! Does Michigan have any accountability in this agency?” Ten days later on June 2, 2008 The Michigan DNR announced that Gary Hagler of Flint has been named the Chief of the department's Law Enforcement Division. Hagler most recently served as the chief of police of the Flint Police Department, where he was a 22-year veteran of the force. Hagler will start as the DNR Law Enforcement Division Chief today. DNR Retired Lt. Jeffery Gaither, Sgt. Greg Drogowski and Officer Michael Feagan were investigated by the State of Michigan Attorney Generals Criminal Division, the Michigan State Police, the Otsego County Prosecutor, Cheboygan County Prosecutor and the U.S. Federal Attorneys Office for perjury, obstruction of justice and violation of ones Constitutional Rights. The DNR Officers were exonerated from any wrongdoing by all agencies. Then of course, on June 5th, 2008 the Natural Resources Commission lifted the prohibition on shooting all white or albino deer. Why after almost 20 years, this can be answered in a letter received by Ingersoll from DNR Director Rebecca Humphries which states “Your situation has helped reveal to the Department that the rules and regulations relating to albino deer need to be changed. Over 20 years ago, the protections for albino deer were written in statute. As the environmental and natural resources laws were codified in the early 1990s, that law was converted to a regulation in the Wildlife Conservation Order.” Ingersoll would like to point out that as seen above, one person can make a difference. It has been a long time since Ingersoll pulled the trigger on the piebald deer back on December 19, 2004.[/font]Ingersoll hopes the Supreme Court will bring closure to this situation, but then comes the aftermath, the huge tab for standing up for hunting legally in the State of Michigan and the personal attack on my family from area residents. This will bring severe hardship to Ingersoll and his family for years to come. But at some point sportsmen and women must take a stand for our right to hunt and fish in our state. The Michigan DNR has made it so we are to feel privileged to enjoy our sport rather than it being our God given right. Ingersoll would like thank all those who have supported him through this tough battle, with cards of encouragement, financial help and moral support. Anyone who is grateful for his efforts and would like to help me get out of the financial he is in can send contributions to John Ingersoll at 7170 Tuscarora Circle, Indian River, MI 49749. This interview and article was published by [email protected] any comments can be forwarded to this address
  14. John, Iam sorry i have took so long to send this to you,my dad and i have been checking stands and sets every minute we can to get ready for the rut, But about my experience with the youth hunt oppertunity i was given this year, I had alot of fun and i was very happy to be able to that with my dad. This was a great oppertunity for me to get a chance to not only hunt on private land but to have a great hunt....It was a great time and we didnt even use a blind that was great! when we where sitting out in that field and it was so hot i was thinking to myself that the deer would never come out and then when we seen those 2 deer across the road i really started to get excited and then my dad said there was one in the field we where hunting in and i started to shake i could feel my heart pounding through my chest, My dad handed me the nocs and told me to look at him cause he thought it was a nice buck well, that was useless cause i was shaking so bad i could'nt even see out of them.Well there is not much more to say except it was a great shot at about 150 yards and he one shot put him down and my dad told me we are going to his taxidermist to have it mounted for our trophy room.....i really understand the addiction of hunting now and i don't see a deer season being missed by me in the near future. John i would like to thank you again and i would like to tell everyone that has the chance to go on one of these hunts to do it! You won't regret it! Dakota and Dad, Terry
  15. John, Iam sorry i have took so long to send this to you,my dad and i have been checking stands and sets every minute we can to get ready for the rut, But about my experience with the youth hunt oppertunity i was given this year, I had alot of fun and i was very happy to be able to that with my dad. This was a great oppertunity for me to get a chance to not only hunt on private land but to have a great hunt....It was a great time and we didnt even use a blind that was great! when we where sitting out in that field and it was so hot i was thinking to myself that the deer would never come out and then when we seen those 2 deer across the road i really started to get excited and then my dad said there was one in the field we where hunting in and i started to shake i could feel my heart pounding through my chest, My dad handed me the nocs and told me to look at him cause he thought it was a nice buck well, that was useless cause i was shaking so bad i could'nt even see out of them.Well there is not much more to say except it was a great shot at about 150 yards and he one shot put him down and my dad told me we are going to his taxidermist to have it mounted for our trophy room.....i really understand the addiction of hunting now and i don't see a deer season being missed by me in the near future. John i would like to thank you again and i would like to tell everyone that has the chance to go on one of these hunts to do it! You won't regret it! Dakota and Dad, Terry
  16. John, Iam sorry i have took so long to send this to you,my dad and i have been checking stands and sets every minute we can to get ready for the rut, But about my experience with the youth hunt oppertunity i was given this year, I had alot of fun and i was very happy to be able to that with my dad. This was a great oppertunity for me to get a chance to not only hunt on private land but to have a great hunt....It was a great time and we didnt even use a blind that was great! when we where sitting out in that field and it was so hot i was thinking to myself that the deer would never come out and then when we seen those 2 deer across the road i really started to get excited and then my dad said there was one in the field we where hunting in and i started to shake i could feel my heart pounding through my chest, My dad handed me the nocs and told me to look at him cause he thought it was a nice buck well, that was useless cause i was shaking so bad i could'nt even see out of them.Well there is not much more to say except it was a great shot at about 150 yards and he one shot put him down and my dad told me we are going to his taxidermist to have it mounted for our trophy room.....i really understand the addiction of hunting now and i don't see a deer season being missed by me in the near future. John i would like to thank you again and i would like to tell everyone that has the chance to go on one of these hunts to do it! You won't regret it! Dakota and Dad, Terry
  17. John, Iam sorry i have took so long to send this to you,my dad and i have been checking stands and sets every minute we can to get ready for the rut, But about my experience with the youth hunt oppertunity i was given this year, I had alot of fun and i was very happy to be able to that with my dad. This was a great oppertunity for me to get a chance to not only hunt on private land but to have a great hunt....It was a great time and we didnt even use a blind that was great! when we where sitting out in that field and it was so hot i was thinking to myself that the deer would never come out and then when we seen those 2 deer across the road i really started to get excited and then my dad said there was one in the field we where hunting in and i started to shake i could feel my heart pounding through my chest, My dad handed me the nocs and told me to look at him cause he thought it was a nice buck well, that was useless cause i was shaking so bad i could'nt even see out of them.Well there is not much more to say except it was a great shot at about 150 yards and he one shot put him down and my dad told me we are going to his taxidermist to have it mounted for our trophy room.....i really understand the addiction of hunting now and i don't see a deer season being missed by me in the near future. John i would like to thank you again and i would like to tell everyone that has the chance to go on one of these hunts to do it! You won't regret it! Dakota and Dad, Terry
  18. Youth Hunt Contest; Opportunities to Host This is the eighth year for the youth-only hunt in Michigan, which will be held September 27 and 28, 2008. During the first youth hunt in 2000, an estimated 14,000 youths participated. In 2006, approximately 30,000 youngsters participated in the youth firearm deer season, harvesting over 9,500 deer, which isabout two percent of the total 2006 white-tailed deer harvest. Youth-only hunts have been established across the U.S. in recent years in response to concerns abo ut the declining trend nationally in licensed hunters. Such hunts are an opportunity to provide beginning hunters with training and mentoring, helping them develop interest, skills and firearm safety awareness. John Ingersoll and Ernie Brosseau have been active in promoting the Michigan Youth Hunt by gathering sponsors to find private land access and take youth into the woods (along with their parents) for their first hunt, as part of the Michigan Youth Hunt Contest. If your Sportsman's Club, Gun Club or Organization would like to sponsor a youth hunt for the 2008 season or beyond, or if you would like to make a donation to the program send an e-mail to [email protected] More information can be found on their website at: www.michiganyouthhuntprogram.com http://www.dwfonline.com/PDF%20Files...t%209-5-08.pdf
  19. Youth Hunt Contest; Opportunities to Host This is the eighth year for the youth-only hunt in Michigan, which will be held September 27 and 28, 2008. During the first youth hunt in 2000, an estimated 14,000 youths participated. In 2006, approximately 30,000 youngsters participated in the youth firearm deer season, harvesting over 9,500 deer, which isabout two percent of the total 2006 white-tailed deer harvest. Youth-only hunts have been established across the U.S. in recent years in response to concerns abo ut the declining trend nationally in licensed hunters. Such hunts are an opportunity to provide beginning hunters with training and mentoring, helping them develop interest, skills and firearm safety awareness. John Ingersoll and Ernie Brosseau have been active in promoting the Michigan Youth Hunt by gathering sponsors to find private land access and take youth into the woods (along with their parents) for their first hunt, as part of the Michigan Youth Hunt Contest. If your Sportsman's Club, Gun Club or Organization would like to sponsor a youth hunt for the 2008 season or beyond, or if you would like to make a donation to the program send an e-mail to [email protected] More information can be found on their website at: www.michiganyouthhuntprogram.com http://www.dwfonline.com/PDF%20Files...t%209-5-08.pdf
  20. Youth Hunt Contest; Opportunities to Host This is the eighth year for the youth-only hunt in Michigan, which will be held September 27 and 28, 2008. During the first youth hunt in 2000, an estimated 14,000 youths participated. In 2006, approximately 30,000 youngsters participated in the youth firearm deer season, harvesting over 9,500 deer, which isabout two percent of the total 2006 white-tailed deer harvest. Youth-only hunts have been established across the U.S. in recent years in response to concerns abo ut the declining trend nationally in licensed hunters. Such hunts are an opportunity to provide beginning hunters with training and mentoring, helping them develop interest, skills and firearm safety awareness. John Ingersoll and Ernie Brosseau have been active in promoting the Michigan Youth Hunt by gathering sponsors to find private land access and take youth into the woods (along with their parents) for their first hunt, as part of the Michigan Youth Hunt Contest. If your Sportsman's Club, Gun Club or Organization would like to sponsor a youth hunt for the 2008 season or beyond, or if you would like to make a donation to the program send an e-mail to [email protected] More information can be found on their website at: www.michiganyouthhuntprogram.com http://www.dwfonline.com/PDF%20Files...t%209-5-08.pdf
  21. Youth Hunt Contest; Opportunities to Host This is the eighth year for the youth-only hunt in Michigan, which will be held September 27 and 28, 2008. During the first youth hunt in 2000, an estimated 14,000 youths participated. In 2006, approximately 30,000 youngsters participated in the youth firearm deer season, harvesting over 9,500 deer, which isabout two percent of the total 2006 white-tailed deer harvest. Youth-only hunts have been established across the U.S. in recent years in response to concerns abo ut the declining trend nationally in licensed hunters. Such hunts are an opportunity to provide beginning hunters with training and mentoring, helping them develop interest, skills and firearm safety awareness. John Ingersoll and Ernie Brosseau have been active in promoting the Michigan Youth Hunt by gathering sponsors to find private land access and take youth into the woods (along with their parents) for their first hunt, as part of the Michigan Youth Hunt Contest. If your Sportsman's Club, Gun Club or Organization would like to sponsor a youth hunt for the 2008 season or beyond, or if you would like to make a donation to the program send an e-mail to [email protected] More information can be found on their website at: www.michiganyouthhuntprogram.com http://www.dwfonline.com/PDF%20Files/MUCC%20Policy%20Report%209-5-08.pdf
  22. New to the hunt Darren Warner • For the Enquirer • October 5, 2008 [/font] The woods were alive last weekend with sounds of crackling leaves underfoot, backs being patted and laughter. Another sound rang out for the first time in many areas of the state: the sound of gunfire. Sept. 27-28 marked the eighth year of the Michigan Youth Hunt, which gives those 12-16 years old an opportunity to harvest a whitetail before the major deer hunting seasons open. "It's a perfect time of year to take children afield and to have an opportunity to cultivate their interest in hunting," said Jeff Kunkel of Hillsdale. "The focus is completely on the kids, and each year we have a great time and create lasting memories, regardless of whether or not anyone bags a deer." Veronica Hetke of Tekonsha was one of the youngsters Kunkel and his hunting partners took out on opening day of the Youth Hunt. Also sitting with them was Hetke's 10-year-old brother, Tanner, who came along to observe the hunt. All of them saw plenty of action as Hetke harvested her first deer, a doe. "Just like every other first-year hunter who takes a deer, it was a dream come true for me," said Veronica Hetke. Veronica and Tanner's father, Erich Hetke, was unable to participate in the hunt because he is a member of the Army Reserves currently serving in Iraq. "Our dad comes home right before Thanksgiving," added Veronica. "But I can send him pictures of my first deer. I know he will be so proud of me." Fourteen-year-old David Rutkowski of Hamtramck, who also hunted with the group in Lee Township, shares Hetke's enthusiasm. Although he didn't bag a deer, he remained positive and demonstrated solid hunting practices throughout the weekend."As we made our way to the stand, David looked at me and said, 'Dad, we're walking too fast - the deer might hear us!'" recounts his father Ted Rutkowski. "By walking slower and more quietly, we managed to sneak up on a doe. Even though it was too dark to shoot, David experienced part of what it takes to be a successful hunter," added Rutkowski. The season was the impetus for the formation of the Michigan Youth Hunt Program (www.michiganyouthhuntprogram.com), a grassroots effort to teach young people ethical hunting practices and promote hunting traditions throughout the state. "We started the program because we feel it is important to pass on our hunting heritage to the next generation of hunters," said co-founder John Ingersoll of Indian River. "With so much technology out there for kids to experience, they're missing out on what this state has to offer in terms of our wildlife and natural resources." The goal of the program is to have at least one hunter from every county in Michigan participating in the Youth Hunt. Eligible participants needed to have never taken a deer and were asked to write an essay, explaining why they wanted to go deer hunting. One program participant was Dakota Stebbins of Interlochen. He and his father Terry Stebbins hunted with Ingersoll. "Early in the morning, a buck came out about 150 yards away," explained Dakota Stebbins. "I was shaking so badly that I had trouble steadying my rifle. But Mr. Ingersoll helped me and I made a good shot." Stebbins' reward was a nice 8-pointer. "For me, the best thing about the Michigan Youth Hunt is just seeing the smile on their faces when they get out there and begin to learn what hunting's all about," said Ingersoll. Dakota and Terry Stebbins of Interlochen show off their buck from the Michigan Youth Hunt last weekend. The Michigan Department of Natural Resources estimates that more than 30,000 juveniles, supervised by a parent or guardian, participated in the hunt. It's too early to know how many youngsters were successful and harvested a deer during the 2008 hunt. In 2007, young hunters took more than 10,000 deer. Regardless of whether or not they came home with a buck or doe, all youngsters who participated in the hunt, and the adults that went with them, were successful They promoted Michigan's hunting tradition and enjoyed time in the field that will be remembered - long after sounds of gunfire fade away. http://www.battlecreekenquirer.com/a...12/1006/SPORTS