STAR-LEDGER (Newark, New Jersey) 02 December 10 Audra Capps not going to jail for saving painted turtles from snapper cages (Joe Green)

Fairfield TWP: As far as Audra Capps was concerned, she was just trying to save non-target turtles from 10 traps set in Clarks Pond back on Sept. 12.

But, for cutting the traps that morning, she was slapped with two criminal charges and two from the state Department of Environmental Protection Department of Fish and Wildlife.

All four were dismissed Wednesday night in Fairfield Township Municipal Court.

Capps and her attorneys had reached an agreement with the prosecution to pay $245 restitution to Christopher Giordano, the owner of the traps intended that day for snapper turtles.

Capps, who operates Capps Day Camp in the area, also must pay a total of $66 in court costs for the dismissed criminal charges.

Specifically, she was charged with theft and criminal mischief.

The two Fish and Wildlife charges related to obstructing the lawful taking of wildlife.

The prosecution dropped the theft charge because Capps did not actually take possession of Giordano's traps.

Restitution was invoked because of the damage to them, however.

For Capps, the dismissals affirmed her stance on protecting by-catch-species or breeds not meant to be trapped.

But they also highlight for her a need to make New Jersey laws more protective.

Capps maintains, as she did in an earlier interview with The News, that she didn't find snappers when she began cutting Giordano's traps.

Rather, almost all were painted turtles or muds, she said.

She insists state laws must be changed to impose time frames within which trappers must bring up their traps and more aggressively protect potential by-catch.

"I'm just glad I took the stand I did to help the turtles," Capps said after her court appearance.

"Maybe New Jersey will take the necessary steps to protect innocent by-catch.

"A lot of states have laws (saying) you have to come back to your traps in a certain amount of time."

Capps and attorney Shanna McCann, of the Bridgeton and Woodstown law firm Chance & McCann LLC, were happy with the outcome.

McCann and her father, Kevin McCann, of the same firm had hooked up with Capps, partly because they are animal lovers themselves.

The shared love of wildlife and turtles, in particular, along with what to them stunk of injustice in this case, helped the McCanns decide to take on the case pro bono.

"We were happy to do this," McCann said, "because we're animal lovers, too."

She added she has pet turtles herself.
Audra Capps not going to jail for saving painted turtles from snapper cages

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