Update: Judge sides with trapper, but doesn’t award damages

Editor’s note: A separate, standalone story on the decision has been published with a similar headline at KTOO.org.

Update | 12:57 p.m.

Judge Thomas Nave has sided with the trapper John Forrest in the small claims case against a woman who sprung his traps. While he sided with the trapper, he didn’t impose any cash award. Nave wrote that Forrest failed to prove any damages.

The trap springer, Kathleen Turley, was pleased with the outcome.

Each side is responsible for their own attorneys’ fees.

Original story | 12:00 a.m. 

A Juneau judge heard closing arguments in a small claims case between a trapper and a trap springer Thursday afternoon.

John Forrest sued hiker Kathleen Turley for springing his lawfully set traps on Davies Creek Trail last December. Forrest, Turley and a state wildlife trooper testified during the first day of the trial Monday morning.

On Thursday, only the lawyers spoke. Forrest is being represented by Fairbanks attorney Zane Wilson. Turley’s lawyer is Juneau-based Nick Polasky.

Wilson questioned Turley’s honesty; Polasky questioned whether Forrest’s traps were set in a safe manner. Both had a different interpretation of the statute on hindering lawful trapping.

An opinion by District Court Judge Thomas Nave is forthcoming.

“When you read it, no matter who you are, please keep in mind the fact that it will represent what the law requires. It will not represent any notions of approval or disapproval on my part of trapping or any passion or particular point of view consistent with Ms. Turley’s. It will be a strict application of the law and I hope that when you read it, it will be self-evident that it’s objective and fair,” Nave said.

Turley has admitted to springing a total of three traps. She said she did it out of safety for hikers and dogs. She also freed a bald eagle that was caught in two other traps belonging to Forrest.

Alaska Wildlife Troopers had originally cited Turley in January for hindering lawful trapping, which carries up to a $500 fine and 30 days in jail, but the state dropped its case.

Forrest is asking for an award of $1,000-$1,250 in damages.

Nave says he’ll have the written opinion out around noon Friday.

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