Man convicted in mailing of poisonous snake
Federal jury finds suspect guilty of sending Panamint rattler to officer in Pennsylvania
By CARRI GEER THEVENOT
REVIEW-JOURNAL
A Las Vegas man was convicted Tuesday of mailing a venomous rattlesnake to an undercover law enforcement officer in Pennsylvania who posed as a customer.
Jurors deliberated about 45 minutes before finding Edward Tierney, 73, guilty of two misdemeanors: one count of unlawfully mailing an injurious article and one count of violating the Lacey Act.
The Lacey Act makes it a crime to knowingly transport or sell wildlife in interstate commerce in a manner that violates state law.
In this case, Tierney was accused of violating Nevada law by transporting and selling a Panamint rattlesnake without the permission of the Nevada Department of Wildlife.
The Panamint is a type of speckled rattlesnake that is found in Southern Nevada and parts of California.
Evidence during Tierney's two-day trial showed he had a permit for the commercial collection of reptiles in Nevada for four years before it expired in December 1998. His application to renew the permit was denied.
Robert Croll, an officer with the Pennsylvania Fish and Boat Commission who was posing as a customer, paid $204 for two rattlesnakes after responding to an advertisement Tierney placed on the Internet last year.
Evidence at trial showed Tierney mailed the first snake to Croll in a small cardboard box on Aug. 5, 1999. The snake, which had been placed inside a pillowcase, arrived on Aug. 9, 1999.
Tierney used an airline that accepts reptile cargo to send Croll two more rattlesnakes.
Lisa Moelter-Emery, an inspector with the U.S. Postal Inspection Service, said she visited Tierney at his home in September 1999.
The witness said Tierney initially denied mailing the rattlesnake but later, after being confronted with a letter he had included in the package, admitted he had done so.
Tierney presented no evidence at his trial, which was held in U.S. District Judge Philip Pro's courtroom.
During closing arguments, Assistant Federal Public Defender Rene Valladares described his client's business as a "shoestring operation.'
Valladares said his client plans to appeal.
Each misdemeanor carries a maximum penalty of one year in custody, but Assistant U.S. Attorney Margaret Stanish said Tierney likely will receive probation. Pro scheduled the defendant's sentencing hearing for March 6.
