Details revealed on local men pardoned by President Bush

Selling mounted migratory birds, including a great horned owl, a red-tailed hawk and a Canada goose, got two Colorado Springs brothers convicted of misdemeanors in 1994.

Two weeks ago, both men were pardoned by President Bush.

Jerry and Thomas Moldenhauer sold migratory birds to an undercover Colorado Department of Wildlife officer in 1992 and 1993, court documents show, violating the federal Migratory Bird Treaty Act of 1918, which prohibits the possession or sale of migratory birds, dead or alive, as well as their feathers, eggs or nests.

Each man received three years of probation and a $1,000 fine.

Jerry Moldenhauer declined to discuss the incident with The Gazette.

"This is just bringing up bad memories from 14 years ago," he said.

Tom Moldenhauer didn't return messages left by The Gazette.

According to federal court documents, in 1992 an informant told the Department of Wildlife that Thomas Moldenhauer owned numerous mounted migratory birds and had tried to sell them.

Later that year, an undercover DOW officer went to Moldenhauer's house, where Moldenhauer offered to sell him a mounted great horned owl for $65, court documents show.

The officer and two other undercover officers returned a few months later and found about two dozen more mounts of migratory birds, including a scaup and a great blue heron.

Moldenhauer told the officers he collected the birds before shooting them became illegal, according to court documents. Owning and selling them has been illegal since 1918, however.

The officers bought three birds from him for $230 - including a great horned owl and a red-tailed hawk - and Moldenhauer told them not to tell anyone where they bought the birds, court documents show.

Six months later, DOW officers returned to Thomas Moldenhauer's house, and together they went to his brother Jerry's house, where Jerry showed them a mounted Canada goose in his kitchen. Officers bought it for $150, court documents show.

Jerry Moldenhauer also showed officers about 40 mounted migratory birds in his basement, including a golden eagle and several owls, court documents show.

People convicted of federal crimes can apply to be pardoned through the U.S. Department of Justice Office of the Pardon Attorney. The Moldenhauers applied for their pardons in 2004, said Justice Department spokesman Erik Ablin.

Ablin declined to discuss the Moldenhauer pardons further with The Gazette, saying the Justice Department doesn't comment on pardon advice given to the president or the rationale behind pardons.

White House Press Secretary Dana Perino, in a Washington media briefing the day the pardons were announced, also wouldn't detail why these individuals were pardoned.

"I don't believe he personally knows any one of them," Perino said, referring to the president.

CONTACT THE WRITER: 636-0274 or jennifer.wilson@gazette.com

ONLINE
Read more about the Migratory Bird Treaty Act at www.fws.gov/migratorybirds/intrnltr/treatlaw.html