Posted by David Trotter on June 10, 19103 at 17:30:00:
In Reply to: Rosinco court cases posted by Paul Ehorn on June 05, 19103 at 22:41:38:
: On May 12th all charges against me were dismissed. This took place in the State Circuit Court at Kenosha, Wisconsin with the Honorable Barbara A. Kluka as presiding judge. It was decided that there was reasonable doubt with respect to the burden of proof that the state must sustain reguarding ownership of the Rosinco at the time of my arrest. The state of Wisconsin filed for inclusion in the National Register in February of 2001, claiming that the Rosinco was abandoned at that point. This was a considerable length of time after the porthole had been removed in 1998. If it was abandoned at that time, the state did not own it in 1998. This is not only true for the Rosinco, but also applies to many other wrecks as well. The Abandoned Shipwreck Act was actually written to protect only a small portion of sunken ships. Now at the Federal Court level, there is still an order which prevents anyone associated with me or the state from diving on the wreck. The ownership of the Rosinco is still under appeal at the Federal Appelate Court in Chicago.
From: David Trotter
Let's "C" if I get this correct, based on the court events of the last several years. Paul Ehorn already owns the Schooner John Bentley in Lake Huron after the state of Michigan charged him with a felony for removing and donating a figurehead to a museum. His case went to Federal court and the State of Michigan's felony charge went out the window, and Mr. Ehorn owns the wreck.
Mr. Ehorn was charged with a felony for removing a port hole from the Rosinco and was to pay $80,000 to have the port hole returned to the wreck. The prosecutor withdrew (dropped) the charges because they did not have basis for making Paul a "felon".
Divers:---How would you like to be charged as a FELON over a porthole? This is getting ridiculous.
It seems prosecutorial abuse is rampant at the state level. The State of Wisconsin knew they did not own the Rosinco prior to 2001. The porthole removed in 1998! Beat someone into the ground so they can't financially fight back....personally I am glad Paul fought the law and won.
I suspect we have not heard the final ruling on "who really owns the Rosinco".
I do not believe that "wreck stripping" is the right message.....but a worse situation is the tyranny brought on by government agencies out of control.
David Trotter