Immediately following September 11, 2001, our visual landscape became instantly blanketed with patriotic images of bald eagles and American flags. On October 8, 2001, local developer Pierre Thompson ordered a tall tree cut down where a bald eagle's active nest was known to be located. Interference with bald eagle nests violates three federal felony criminal laws.

Four years later, there has been no federal decision on whether or not to prosecute Thompson, and no explanation given for why action has not been taken. And the deadline on the five-year statute of limitations draws nearer.

Planning to sell the land and make it accessible for a road, St. Augustine Realtor and developer Pierre Thompson admittedly had a contractor cut down the dead tree. Witnesses and photos establish it was being used as a bald eagle nest. Located near Harbour Island Apartments, southeast of the SR 312 Bridge on Fish Island, the nest was near an archaeological site, where city employees had seen eagles for years. Thompson and his son previously told the St. Augustine Record (April 14, 2001) that they knew the Endangered Species Act protected the bald eagles.

"Everything we do comes under fire," Thompson told the Record on (October 10, 2001). The St. Johns County chapter of the Audubon Society filed a complaint. There was a federal criminal investigation. A federal stop-work order was in effect for one month. The U.S. Department of the Interior (DOI) Fish and Wildlife Service (F&WS) in North Florida investigated. It asked the U.S. Attorney to bring criminal charges. in 2002. F&WS Regional Agent in Charge Luis Santiago stated that there is a "very strong" case. However, no criminal charges have been brought, and no explanations have been given to the Collective Press or the Audubon Society.

During 2001, Ms. Chris Gilman and others observed the eagles daily, keeping a log. Ms. Gilman sounded the alarm upon seeing the nest tree cut down. She reports that Thompson cut down the one tree at 6 PM on Columbus Day, at the end of the peninsula. Upon seeing the cut nest tree, she said, the "eagles were really disturbed and didn't know what to do -- it was infuriating because two days before Pierre Thompson looked me in the eye and said 'there are no eagles,' knowing they were nesting there." Ms. Gilman said that "after Thompson cut the nest tree down, the bald eagles were building a new nest in the middle of the property, now a protected area." Ms. Gilman, her partner and their elderly neighbor were "all sick and in tears."

Thompson hired the contractors who cut down the tree with the eagles' nest in it. Ms. Gilman was never contacted by anyone from the Justice Department. Thompson did not return messages seeking comment about the bald eagle case.

Felony
The criminal penalty for taking, harassing or killing a bald eagle is up to one year in prison and up to a $100,000 fine. She is our national symbol. Damaged, nearly killed off by pesticides and developers, she remains an threatened species. Since the 1940s, it has been a federal crime to kill, harass or endanger a bald eagle or her habitat. It is now illegal under three laws, the Endangered Species Act (ESA), Bald and Golden Eagle Protection Act (BGEPA) and Migratory Bird Treaty Act (MBTA).

State and city employees were also eyewitnesses to the fact that the tree was an active, eagle nest tree. According to the Record, St. Augustine City Manager Bill Harriss was reported to be opposed to adopting a city ordinance banning eagle-molesting, stating he prefers to "work with'" federal and state officials to enforce their laws.

"None of Our Business...Political Influence"
The Fish Island Bald Eagle case has been sitting in the Jacksonville office of an Assistant U.S. Attorney working for U.S. Attorney Paul Perez, a Bush political appointee based in Tampa. Roger Van Ghent, Conservation Chair (and former President) of the St. Johns County Audubon Society, told the CP that " we don't have any idea of what's going on -- every time I call I'm told that it's none of my business." Mr. Van Ghent said that Thompson "has a lot of political influence and is a real good ole boy." Mr. Van Ghent wrote the U.S. Attorney in a letter on September 9, 2005 stating "attacks on our national symbol and protected species are still unacceptable in our society."

DOJ Hangups
Perez's spokesman, Mr. Steve Cole, was asked for comment September 9 and wrote "I can't comment at this time. If something becomes public record I will let you know." Cole said by telephone, "I am not able to make any comment," declining to answer any of 18 questions. Cole was unable to name any other criminal case that ever took 47 months with no decision on whether or not to prosecute. Asked if there was a cover-up, Mr. Cole responded, "I'm not going to make any further comment ..., you have a wonderful day." He hung up. Perez did not respond to other requests for comment.

On September 8th, an official of the office of the General Counsel in the Executive Office of U.S. Attorneys in Washington, D.C. hung up the telephone after declining comment. She refused even to discuss the U.S. Attorney's Manual provision on the issue, refusing to share a fax or E-mail address and refusing to answer any questions, saying merely that complaints can be sent by "regular mail." (See below for addresses). She declined to give her name.

The DOJ environmental crimes spokesperson has not returned telephone messages. Attorney General Alberto R. Gonzales and former Attorney General John Ashcroft have also not answered written questions about the Fish Island case.

Does this all sound fishy to you?
Each of 93 United States Attorneys' offices is semi-autonomous. Prosecution decisions are highly discretionary. U.S. DOJ U.S. Attorneys' Manual Section 5-1.310 of the states that U.S. Attorneys have the discretion to file cases under some 23 wildlife and marine animal protection laws, including ESA, BGEPA and MBTA -- no approval from Washington is required.

Current and retired federal employees report that the 93 U.S. Attorneys vary considerably in their enthusiasm for environmental cases. In East Texas and some other districts, credible complaints of harassing a bald eagle traditionally results in immediate prosecution.

Elsewhere, some U.S. Attorneys "sit on" environmental and wildlife crimes cases until the statute of limitations has run, avoiding work. Environmental crime prosecutions may be denied or delayed by prosecutors.

"Long range plans"
Real estate developer Pierre Thompson's grandfather was the founder of the St. Augustine Record. He had a long-range plan to develop a large area of land bordering SR 312. Thompson developed properties on both sides of 312. Developments were built on marshes and former landfills and dumps. He built the controversial, upscale, Pelican Reef gated community, on filled-in marshlands, asking that the government build a bridge for him. When his request was refused, Thompson routed his Pelican Reef traffic changing the character of a narrow residential street.

Thompson was one of five local businessmen who in 2000 attempted to evict the American Legion from its home. Thompson and his colleagues attempted to re-establish an the expired charter of the non-profit organization that leases the Legion's building along Avenida Menendez. Thompson's would-be takeover partners were Herbert Wiles, Charles Usina, Robert Talton and Frederick Green. Efforts to take over the Legionnaires' building -- owned by a nonprofit organization whose charter had expired and Thompson & Co. tried to revive and take over -- failed in court.

"A Sad Day"
"It's a sad day when the preservation of our eagles, until recently so endangered and still not present in reasonable numbers, is less important than the business interests of politically charged individuals. I'm sure some people think that our national symbol should be the real estate developer," said avid Florida bird watcher and former EPA Administrative Law Judge Jeanne F. Greene. She formerly chaired the American Bar Association Judicial Division, and is now retired, mainly in Florida, where she says bird watching is "some of the best in the world."

In 1776, John Adams (later President) suggested the bald eagle as our national symbol of freedom. The dove was suggested by Thomas Jefferson, and the turkey was suggested by Ben Franklin. There are at least 26 nesting pairs of bald eagles in St. Johns County, one in a 120 year old nest that is some six feet in diameter. The bald eagle is not bald at all -- her head and neck are brown until about 4 years of age, when she acquires white head feathers. Many bald eagles seen in Florida are juveniles or sub-adults, and have brown heads. The bald eagles winter in Florida and spend summer in the North.

As Judge Greene asked, is the developer becoming our national symbol, replacing the bald eagle? The fourth anniversary of the bald eagle nest tree cutting may be marked by protests, just like those that took place after Thompson cut down the eagle nest tree in early October 2001.

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