On July 3, 2018, the day before Independence Day, ROGERS TOWERS partner ELLEN AVERY-SMITH, on behalf of Texas billionaire DONALD R. HORTON and St. Augustine landowner PIERRE THOMPSON, presented false testimony that bald eagle nest number SJ019 on Fish Island is "abandoned."
The bald eagle is our national symbol, no longer endangered but still a threatened species, legally protected by two federal criminal laws, the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act.
In fact, during the 2017-2018 season, the "abandoned" bald eagle nest was shown to be an active bald eagle nest, with a nesting pair and babies.
Unrebutted testimony from our Matanzas Riverkeeper, Jen Lemberk, St. Johns County Audubon Society President Amy Koch, Audubon Eagle Watch expert Rhonda Lovett and eco-tour guide Adam Morley ALL verified the presence of eagles, with time-stepped photos (17MAR2018 13:15; 13:17; 13:19) admitted into evidence by PZB:
Like a proverbial "hog caught under a gate," these developers, their "expert" witness and their lawyers could face possible criminal prosecution and ethics charges. I filed a complaint with the Securities and Exchange Commission about violations of SEC Rule 10b-5, codified at 17 C.F.R. 240.10b-5.
Why this matters:
- Along the banks of the pristine Matanzas River, a pristine oyster-growing fishery, there's a pristine forest, containing the archaeological remains of the plantation of Florida's first crooked Realtor, Jesse Fish. Jesse Fish defrauded the British leaving St. Augustine in 1764, saying he would send them the proceeds from the sale of their houses and commercial buildings. Then he defrauded the British leaving St. Augustine circa 1783. Stavely is often ably portrayed by John Stavely. (A HORTON witness claimed Fish imported food and prevented starvation, calling Fish the "savior of St. Augustine," believe it or not.
- This iconic viewshed is beloved.
- IF developers have their way, the Jesse Fish plantation archaeological site would become a "park" behind the fence of a "gated community."
- An ethically-challenged "expert" witness for D.R. HORTON claimed the bald eagle's nest was "inactive" and "abandoned."
He blurs ethical lines with false, misleading testimony. He's a hired gun, the sort of person that Prof. Alan Dershowitz calls a "testa-liar."
- It strongly appears that RYAN CARTER lied.
- Experts testified with photos, states and times when a nesting pair of bald eagles was seen at Fish Island during the 2017-2018 nesting season, with young.
- Did perjury contaminate the PZB the day before Independence day?
- Then-Chief Justice Earl Warren wrote for the Supreme Court in reversing a decision wrought by perjury, Mesarosh v. United States, 352 U.S. 1, 14 (1956), perjury "poisoned the water in the reservoir." Americans expect "to see that the waters of justice are not polluted. Pollution having taken place here, the condition should be remedied at the earliest opportunity. " Id.
- On October 8, 2001, PIERRE THOMPSON, grandson of the founder of the St. Augustine Record, ordered a bald eagle nest tree on Fish Island destroyed.
- I investigated it and published in 2005 an article in The Collective Press, with a photo of a bald eagle glaring at PIERRE THOMPSON, with a cutline, "J'accuse."
- In United States of America v. Thompson Bros. Realty, the defendant corporation was charged with a federal felony on March 30, 2007, by United States Attorney Paul Perez, Assistant U.S. Attorney John Scioritino, and Jacksonville Division Deputy Chief Donald T. Henry, with molesting a bald eagle on October 8, 2001, in violation of federal criminal law, "knowingly and with wanton disregard of the consequences of its actions, take, disturb and molest a bald eagle, without being permitted to do so by law," violating 16 U.S.C. § 668(a) and 50 C.F.R. § 22.3.
- On April 25, 2007, U.S. District Judge Timothy J. Corrigan recused himself, sua sponte.
- Federal criminal defendant Thompson Bros. Realty agreed to extend the statute of limitations, which almost expired.
- Federal criminal defendant Thompson Bros. Realty was represented by Charles P. Pillans, III and Oliver David Barksdale Bedell, Dittmar, DeVault, Pillans & Coxe, PA, Bedell Building, Jacksonville, Florida. In a March 3, 2008 sentencing memorandum, unadorned by any affidavits or sworn declarations, Defendant Thompons Bros. Realty bragged about its many alleged "contributions" to St. Augustine, implying that rebarbative St. Augustine reprobate PIERRE THOMPSON hung the moon, stating:
Realty, Inc., submits this memorandum in support of its request that the Court impose as the sentence the requirement that Thompson Bros. Realty, Inc. place a conservation easement on land, as agreed to by the parties in the plea agreement.
End of defense lawyer's hagiography about PIERRE THOMPSON.
- In truth and in fact, PIERRE THOMPSON. ordered only one (1) tree cut down on October 8, 2001, knowing that moving it would make it easier for him to sell the land at Fish Island.
- Thompson Bros. Realty pled guilty on December 17, 2007.
- On March 6, 2008, Judge Thomas E. Morriss sentenced Thompson Bros. Realty to probation and a fine.
- Thompson Bros. Realty then allegedly violated probation
- The Court extended probation through 2009.
- Thompson Bros. Realty paid a "special assessment" of $125.00, a "fine" of $143,887.90and deeded some sixteen (16) acres as mitigation to the Northeast Florida Land Trust.
- But it was marshland, not upland. Why? The bald eagle molestation took place on uplands.
- The St. Augustine Record NEVER reported the news about the criminal conviction of the grandson of the founder of the St. Augustine Record, and a large landowner. Wonder why?
- On July 6, 2012, Mosquito Control Commission Chair Jeanne Moeller saw PIERRE THOMPSON at a Democratic Thomas Jefferson impersonator fundraiser at Amici restaurant. Ms. Moeller went up to THOMPSON and said "Hi, Pierre, how are the eagles?"
The bald eagles survive.
No thanks to PIERRE THOMPSON.
Controversial Texas billionaire DONALD R. HORTON and lawyer TED IRA HARBOUR, D.R. HORTON's Vice President and General Counsel have not responded to telephone messages on July 5, 2018. More on HORTON: http://cleanupcityofstaugustine.blogspot.com/2018/07/who-is-donald-r-horton-inc-texax.html.
No response from my July 5, 2018 e-mail to lying RYAN CARTER.
HORTON's presenting false testimony or perjury about bald eagles raises serious questions:
- Should the PUD be denied for possible perjury, conspiracy and fraud against the government?
- Should the PZB proceedings be stayed pending a federal grand jury investigation?
- Should Florida and the federal government take the 70 acres, using Florida Forever funds, making it part of a St. Augustine National Historical Park and National Seashore?
- There is an active bald eagle's nest.
- Independent experts presented testimony and photos.
- Unrebutted evidence of bald-faced lies about bald eagles by D.R. HORTON, frequent St. Augustine Record advertiser, requires a swift response from state and federal prosecutors and other officials.
- D.R. HORTON deserves a swift kick in the pants.
- No response from HORTON or The St. Augustine Record as to the money spent on advertising with the St. Augustine Record, Jacksonville Florida Times-Union, and other MORRIS COMMUNICATIONS and GATEHOUSE MEDIA publications, 1999-2018.
- City Code, like the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, forbids "molesting" bald eagles:
The clearcutting at the northeast corner of the SR 312 Bridge (Antigua) is an environmental disaster, destroying wildlife habitat to cram more homes on a clogged road. The addition of Fish Island would be catastrophic, destroying a beloved iconic viewshed.
Florida Forever funds must be used to purchase and preserve the site of Jesse Fish's plantation home.
Watch three hour, 24 minute PZB hearing video here (Item 6A). http://staugustinefl.swagit.com/play/07032018-765
Read shallow Record articles below: