Good Read 1 The Trial

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Trial begins in 'Goliath' deer theft case
By HEATHER LESKANIC



A Reynoldsville man is accused in the theft of the largest whitetail ever recorded in the history of the breed.


BROOKVILLE - Trial opened Monday in the case of a highly-coveted deer stolen in the night six years ago from a Clarion County ranch.

The mammoth buck known as "Goliath" - reportedly the largest whitetail ever recorded in the history of the breed - was discovered nearly four years later at another deer breeder's business about 50 miles away in Reynoldsville.

Jeff Spence, owner of the White Oak Whitetail Deer Farm in Reynoldsville, is accused of theft and receiving stolen property in the buck's 1999 theft from a Beaver Township residence.

The buck died last December.

Its head mount drew attention as it was positioned inside the main courtroom of the Jefferson County courthouse and covered with a blanket.

Judge John H . Foradora is presiding over the jury trial, which is expected to last most of the week.

District Attorney Jeff Burkett's office is prosecuting the case, and Clarion attorney Ralph Montana is representing the defendant.

"You're going to learn more about deer than you ever thought possible," Burkett told the jurors in his opening statements. "There is money to be made in (the deer breeding) business. The numbers you are going to hear are staggering."

The prosecution must prove beyond a reasonable doubt that Spence is guilty of the charges.

Burkett said in July 2003, the deer had been missing for nearly four years and was actively sought with a $100,000 reward offered by its owners, Rod and Diane Miller of the Wild Bunch Ranch.

Several curious deer farmers heard about a deer called "Hercules" at Spence's ranch and decided to check it out, Burkett said.

At that time, the district attorney said, Spence had arranged to sell the buck to a Missouri man for $125,000.

Burkett said the men visited the ranch and went out to look at the deer in the pen.

All of the deer ran off as they approached except for one, he said.

When that deer stood, "they were in awe," said Burkett.

He said the deer farmers asked Spence where he got the buck he named Hercules, and he told them it was a yearling from an Amish man in Ohio.

One of the visitors identified the deer as the missing Goliath, according to Burkett, which was later confirmed through genetic testing.

ALIBI DEFENSE

Montana said Spence "has been wrongfully charged."

"He could not have stolen the deer," he said.

Spence was 370 miles away at the time of the theft that was reported to have occurred during the evening hours of Oct. 19, 1999, he said.

"He was nowhere near the Miller's house" or farm or Goliath, said Montana. "The commonwealth has known that for months."

The defense attorney told jurors Spence had traveled to New York state to deliver three deer to a farm there.

Court documents filed previously by the defense have indicated Spence was at various other locations at the time alleged in the criminal complaint - these locations included his Cemetery Road residence in Reynoldsville, en route from his home to the Lucky Star Ranch in Chaumont, N.Y., and the return trip home.

At least four individuals, including family members, as well as employees of the Lucky Star Ranch are listed as potential defense witnesses.

Montana said when the investigation first began, officials had a list of 15 to 20 suspects.

Spence was not on that list, he said.

Montana said his client's status as a licensed propagator means the Pennsylvania Game Commission can visit his property at any time without notice.

Officials were at the White Oak ranch at least six times and found nothing out of the ordinary, according to Montana.

DETAILS OF THEFT

Burkett said the theft itself was a high risk operation.

"It was much more sinister, much more planned," he said.

Goliath had been tranquilized and then dragged through a hole cut in a chain link fence, according to Burkett.

"It was done by someone who wanted that deer very badly," he said. "There were drag marks leading from Goliath's pen."

At the time of the theft, it was about 2 years old, weighed 260 pounds and had 28 points or antler tips.

Owner Rod Miller testifed as the prosecution's first witness that he bought Goliath from a Huntington deer breeding farm when the animal was 2 days old.

He said he then bottle-fed the deer, which "takes a lot of the wildness out of them."

"He was an exceptional yearling," said Miller.

The witness said he and his wife waited until Goliath was 2 before they began advertising and marketing the animal for breeding purposes.

Miller said Spence arrived at Wild Bunch with his daughter one day to see Goliath.

"The buck has everything," he quoted Spence as telling him that day. "You couldn't ask for anything more in a buck. It would take my first born to own a deer like that."

Miller said Spence had approached him in 1994 about his interest in the deer breeding business.

"We told him basically everything we knew," said the witness. "We've helped many people get started in the deer business."

Miller also testified he and his wife had been nervous about the widespread interest in Goliath.

They moved him to the pen closest to their home so they could keep a better watch on him.

"We knew what we had and didn't want to lose him," said Miller.

After the theft, he said, people involved with the industry from across the country called to express their sympathy.

"Nobody at that time had ever gone into a pen and stolen a live buck," Miller said. "That was a first."

DEFENDANT'S CONDUCT

Montana told jurors to keep an open mind throughout the trial and use their common sense.

He described his client's conduct as evidence that he didn't believe the deer in his possession was Goliath.

"Would you put its picture on a Web site for all to see?" Montana said. "No. Would you invite people to the farm? No. Would you put it in the Pennsylvania deer magazine? No. Would you invite the owner of the stolen deer to your farm? No."

Montana said the animal was seen by many people and "no one said it could be Goliath."

"No one suggested that," he said.

Spence is facing trial "for his liberty and freedom," Montana said.

"That's what makes this case serious."

Burkett said state police asked Spence for paperwork to show where he had purchased Goliath.

Spence searched for a brief time before stopping, said the district attorney.

Burkett said he told the officials he got the animal along with a number of other deer from an Amish man in Ohio.

Reports indicated the buck confirmed to be Goliath had grown much larger and its rack had about doubled in points at the time it was recovered
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