KEY WEST, Florida (1 Apr 2009) — In one of the largest lobster poaching cases in the Florida Keys, all the defendants pleaded guilty except one: Michael Delph, son of legendary charter boat captain Ralph Delph. Now, Operation Freezer Burn has netted the last culprit. A 12-person federal jury in Delph's hometown of Key West found the 39-year-old firefighter and charter boat captain guilty of conspiracy in a case that involved harvesting 922 spiny lobsters illegally from artificial habitat, and far more than the daily boat limit of 250. Five others involved in last summer's poaching operation already have plead guilty: ringleader David Dreifort, his wife Denise, Miami boat captain Robert Hammer, former boat captain John Niles and aspiring professional kite boarder Sean Reyngoudt. CAUGHT RED-HANDED Federal investigators had solid evidence. The participants were caught right after they returned to Dreifort's Cudjoe Key residence by boat, lobsters still aboard. Investigators also had the group on aerial surveillance video that had GPS capability to pinpoint their exact location in the protected Great White Heron Refuge that's part of the Florida Keys National Marine Sanctuary. Delph's attorney, Kenneth Kukec, conceded his client was guilty of breaking two state regulations: Delph contributed to the illegal quantity of lobster caught, and he helped capture them in man-made structures, called casitas, that were placed without permits on the sea bottom in protected waters. But Kukec argued that Delph was not guilty of the federal crime of conspiracy for which he was on trial. ''Michael Delph never built the casitas. He did not place the casitas out there. It was not his GPS, or his boat,'' Kukec said, adding that Delph did not enter into an agreement with anyone. Kukec said Delph simply called to see if Dreifort needed any divers on opening day of lobster season. Delph said in a statement recorded during the raid that money was never discussed, but he expected to be paid about $250, ``depending on how we did.'' ''He found himself in a place he certainly wishes he could have back,'' Kukec said. Assistant U.S. Attorney Tom Watts-Fitzgerald said that Delph never tried to back out. 'He never said, `Whoa, this is illegal. I want to go home.' '' When asked if there was any discussion about running into law enforcement, Delph said in his recorded statement: 'You think we'll see the man? Dave [Dreifort] said, `I doubt you'll see him out here.' '' RECORDING In the recording -- made as about 40 federal agents searched Dreifort's residence last August -- Delph explained his role. He used scuba gear to dive for the lobster at man-made structures previously placed in the sanctuary waters by Dreifort and others. | | Key West firefighter and boat captain Michael Delph, 39, was found guilty of participating in one of the largest lobster poaching operations in the Keys. The structures do damage to the fragile sea bottom but also attract lobsters, providing protection from predators. Delph said he would work one side of the casita and another dive partner would work the other, using a tickle stick to get the lobster to go back into a net. Delph was convicted of a felony, punishable by up to five years in prison. After the verdict was read, Kukec argued to the judge that the conviction should be a misdemeanor. He said later that the indictment did not include the value of the 922 lobsters, and a key element for a felony conviction is showing the value is over $350. The lobsters were valued at about $85,000 during testimony. A misdemeanor has a maximum penalty of one year and could allow Delph to keep his eligibility to be a city firefighter and keep his captain's license. U.S. District Judge Jose E. Martinez set sentencing for June 10 in Key West. by Cammy Clark |
