In this criminal case, the Aitkin County Attorney has charged three hunters with misdemeanors for deer hunting over bait.  As part of the charges, the three conservation officers took the three hunters guns away.

The hunters shut off their wildlife feeder more than two weeks before the opening of deer season.  However, the state law appears to embrace a "zero tolerance" policy in that all feed on the groud mut be removed.  According to photographs of the "scene," the feed left on the ground over the 14 day period included barley husks and at most three soybeans. 

The Defendants raise numerous defenses including that the statute is unconstitutionally vague and that it must be interpreted in a reasonable way.

The jury trial is scheduled in Aitkin, Minnesota, in early April of 2009. 

Criminal defense counsel Erick Kaardal comments, "Minnesota has adopted another unreasonable 'zero tolerance' statute. The deer baiting statute is ambiguous opening itself to a constitutional challenge of vagueness.  We look forward to future proceedings to vindicate my clients and get their guns back."

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