Good Read 2 The Defendant

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Defendant testifies in Goliath deer theft trial
By HEATHER LESKANIC



Closing arguments will be heard today before the jury gets the case.


BROOKVILLE - Closing arguments are scheduled to be heard today in the theft case involving a massive buck that was stolen from a Clarion County deer ranch in October 1999.

Attorneys on both sides completed their presentation of evidence Thursday - the fourth day of the jury trial that is before Jefferson County Judge John H. Foradora.

Jeff Spence of Warsaw Township is facing counts of theft and receiving stolen property.

District Attorney Jeff Burkett is serving as prosecutor and must prove Spence's guilt beyond a reasonable doubt.

State police filed the charges after a deer was identified as the missing Goliath by several deer farmers who were visiting the defendant's ranch in July 2003.

It was confirmed through genetics testing that the deer Spence called Hercules was actually Goliath.

The animal died last December.

Spence, who is being represented by Clarion attorney Ralph Montana, testified in his own defense Thursday.

Spence took the witness stand, situated behind courtroom tables that had countless antler racks and head mounts laid out for evidence.

"It was a terrible shock to me," Spence said of the day state police arrived at his ranch with a court order to retrieve the deer. "I had no thought it would be Goliath."

He said he then hoped the deer was Goliath, which was actively sought with a $100,000 reward by its owners - Rod and Diane Miller of the Wild Bunch Ranch near Knox in Beaver Township.

"At any time did you know (the deer called Hercules) to be stolen?" asked Montana.

"Absolutely not," said Spence, who owns the White Oak Whitetails deer ranch in Reynoldsville.

It is located about 50 miles from the Millers' residence.

Goliath is reportedly the largest whitetail ever recorded in the history of the breed. Experts say it could have been worth $500,000 or more.

At the time of the theft during the evening hours of Oct. 19, 1999, the animal was about 2 years old, weighed 260 pounds and had 28 points or antler tips.

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

Spence said he can't be certain where he purchased the deer he called Hercules or from whom.

"I've done what I could to go back in my records," he said during questioning from Montana.

"I was buying lots of bucks," said Spence. "My business was booming."

He estimated he had purchased between 100 and 150 deer - mostly male - in the period of 1999 and 2000.

There were a large number of purchases from a variety of locations, said the defendant.

Some were purchased by cash or check while others were part of a trade or group deal, he said.

Montana asked if he was told he had "a nice assortment of non-typical deer."

The defendant said that was correct.

Montana also asked if Spence had ever attempted to disguise the deer or hide it.

"Absolutely not," said Spence.

Burkett later questioned him extensively during cross-examination about his knowledge of the age of Hercules.

The district attorney discussed e-mails Spence had sent and his comments made to numerous individuals that he had gotten Hercules (aka Goliath) as a yearling from a small Amish pen in Ohio.

Spence offered more specific details about how he came to own the buck to those in the breeding business than he had to police investigators, Burkett argued.

"I have no proof" that the deer came from a certain Ohio breeder, said Spence. "That was the best guess at the time."

Burkett asked if it was true Spence had possession of the buck in fall 1999 as a number of fawns were bred from the animal in spring 2000.

"I can't be certain when" I had the animal, said Spence.

Burkett continued, alleging "you knew exactly how old that deer was."

"No, I didn't," answered Spence.

Montana has contended his client was wrongfully charged and could not have stolen Goliath because he was 370 miles away at the time of the theft.

Dean Spence, the defendant's father, was called to testify as an alibi witness.

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, were on a list of potential defense witnesses.

Montana called several character witnesses to the stand following the defendant's testimony.

They said they knew Spence to be trustworthy, honest and law-abiding.

Witness Barbara Conti described Spence as "hard-working, kind and generous with his time."

"He's very much a family man," she said.

Dr. Randy Kerr, a Brookville optometrist, said he had "never heard a disparaging word" about Spence.

The trial is expected to reconvene at 9 a.m. today