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Shed Head!!!
DNR cites Winkelman, two others
By VINCE MEYER
Outdoors Editor
Babe Winkelman, a well-known Brainerd area angler and host of his own television fishing show, and two other Brainerd area residents have been cited for unlawfully attempting to take game animals with the use of two-way radios.
The citations were issued in November near Perham in Otter Tail County, where Winkelman owns land. Dennis Lang, DNR conservation officer, said he issued the citations after getting complaints from two local landowners who allegedly heard Winkelman converse on two-way radios with other members of his hunting party, including his wife, Kris Winkelman, and friend, Mike Martin.
Lang said he stationed himself near Winkelman's land on the morning of Nov. 15, opening day of the Zone 4B firearms deer season, but heard nothing unusual. He returned Nov. 16 at 7:45 a.m. and said he heard the following conversation.
Female voice: "You called, dear?"
Male voice: "There's absolutely nothing moving. I'm going to make a drive. Mike, stay in your stand."
Interference momentarily interrupted the transmission, Lang said, but when it cleared he said he heard the following:
Male voice: "Be there by 8:30. It will take me half an hour."
Female voice: "Why don't I get in quicker and we can make it quicker?"
(Pause) Male voice: "Did you copy, Kris?
Female voice: "Yes, I did."
Minutes later, Lang said he heard the following:
Male voice: "Hey Babe."
Male voice: "Yeah."
Male voice: "Do you want help with the drive?"
Male voice: "I'm going to drive, get them up and out of their beds. Thanks for asking."
Female voice: "I'm in my stand, loaded, and ready to go."
Later, Lang said he followed Kris Winkelman as she drove in a vehicle to a stand occupied by Martin. Winkelman also was there. Citations were issued at that time. When Lang read Winkelman notes of the conversation he had overheard, he said Winkelman admitted to saying the words.
But Wednesday, Winkelman said he made just one of the statements Lang attributed to him, that the conversation was taken out of context, and that other transmissions he made with Kris, Mike and other members of the party were not recorded by Lang.
"What happened," Winkelman said, "is Kris got her deer Saturday. She slept in the next morning. I called her about 8:30 and said nothing was happening, that I would walk the creek and get them out of their beds. I said if she wanted to she should go to the west stand, the same stand where she shot her deer. She called me back later and said she was heading out. When I heard that, I turned off my radio, got out of my stand and did my walkabout.
"We have six kids, four adults and an 81-year-old grandpa hunting with us," Winkelman said. "With that many people in the woods I want to know who's in what stand, when they get there and when they're leaving. I want to know if everything is OK. That's how we use our radios."
Through his attorney, Dennis Lothspeich, of Brainerd, Winkelman tendered an "Alford" plea agreement, which allows a defendant to enter a plea while at the same time maintaining his innocence. An "Alford" plea is an acknowledgment by a defendant that the state has enough evidence that, if presented to a jury, the jury could find that person guilty. The plea agreement will result in the two Winkelmans and Martin not being convicted.
Lothspeich also filed a motion to dismiss on the grounds that the statute is "void for vagueness." He said the DNR law disallowing two-way radios for the taking of big game animals is unclear.
"If you're going to make something illegal," Lothspeich said, "you should let people know what conduct is and isn't prohibited. For the record, I think we would have won this case."
Winkelman agrees that the law is vague and said he asked Lang to clarify the law at the time of his arrest.
"I said if we can't use our radios for safety then what can we use them for," Winkelman said. "He said, 'If you're in your stand and have a heart attack you can call and they'll come and get you.' ''
Winkelman originally entered a not guilty plea on Nov. 23 and was to have appeared in Otter Tail County District Court on Dec. 2. But after entering the plea agreement his next court date was set for May 7. Court costs of $500 will be split between Winkelman, Kris Winkelman and Mike Martin, Lothspeich said.
By VINCE MEYER
Outdoors Editor
Babe Winkelman, a well-known Brainerd area angler and host of his own television fishing show, and two other Brainerd area residents have been cited for unlawfully attempting to take game animals with the use of two-way radios.
The citations were issued in November near Perham in Otter Tail County, where Winkelman owns land. Dennis Lang, DNR conservation officer, said he issued the citations after getting complaints from two local landowners who allegedly heard Winkelman converse on two-way radios with other members of his hunting party, including his wife, Kris Winkelman, and friend, Mike Martin.
Lang said he stationed himself near Winkelman's land on the morning of Nov. 15, opening day of the Zone 4B firearms deer season, but heard nothing unusual. He returned Nov. 16 at 7:45 a.m. and said he heard the following conversation.
Female voice: "You called, dear?"
Male voice: "There's absolutely nothing moving. I'm going to make a drive. Mike, stay in your stand."
Interference momentarily interrupted the transmission, Lang said, but when it cleared he said he heard the following:
Male voice: "Be there by 8:30. It will take me half an hour."
Female voice: "Why don't I get in quicker and we can make it quicker?"
(Pause) Male voice: "Did you copy, Kris?
Female voice: "Yes, I did."
Minutes later, Lang said he heard the following:
Male voice: "Hey Babe."
Male voice: "Yeah."
Male voice: "Do you want help with the drive?"
Male voice: "I'm going to drive, get them up and out of their beds. Thanks for asking."
Female voice: "I'm in my stand, loaded, and ready to go."
Later, Lang said he followed Kris Winkelman as she drove in a vehicle to a stand occupied by Martin. Winkelman also was there. Citations were issued at that time. When Lang read Winkelman notes of the conversation he had overheard, he said Winkelman admitted to saying the words.
But Wednesday, Winkelman said he made just one of the statements Lang attributed to him, that the conversation was taken out of context, and that other transmissions he made with Kris, Mike and other members of the party were not recorded by Lang.
"What happened," Winkelman said, "is Kris got her deer Saturday. She slept in the next morning. I called her about 8:30 and said nothing was happening, that I would walk the creek and get them out of their beds. I said if she wanted to she should go to the west stand, the same stand where she shot her deer. She called me back later and said she was heading out. When I heard that, I turned off my radio, got out of my stand and did my walkabout.
"We have six kids, four adults and an 81-year-old grandpa hunting with us," Winkelman said. "With that many people in the woods I want to know who's in what stand, when they get there and when they're leaving. I want to know if everything is OK. That's how we use our radios."
Through his attorney, Dennis Lothspeich, of Brainerd, Winkelman tendered an "Alford" plea agreement, which allows a defendant to enter a plea while at the same time maintaining his innocence. An "Alford" plea is an acknowledgment by a defendant that the state has enough evidence that, if presented to a jury, the jury could find that person guilty. The plea agreement will result in the two Winkelmans and Martin not being convicted.
Lothspeich also filed a motion to dismiss on the grounds that the statute is "void for vagueness." He said the DNR law disallowing two-way radios for the taking of big game animals is unclear.
"If you're going to make something illegal," Lothspeich said, "you should let people know what conduct is and isn't prohibited. For the record, I think we would have won this case."
Winkelman agrees that the law is vague and said he asked Lang to clarify the law at the time of his arrest.
"I said if we can't use our radios for safety then what can we use them for," Winkelman said. "He said, 'If you're in your stand and have a heart attack you can call and they'll come and get you.' ''
Winkelman originally entered a not guilty plea on Nov. 23 and was to have appeared in Otter Tail County District Court on Dec. 2. But after entering the plea agreement his next court date was set for May 7. Court costs of $500 will be split between Winkelman, Kris Winkelman and Mike Martin, Lothspeich said.
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