How much is a rare Australian gecko snatched from the outback and smuggled into the US worth on the American reptile black market?
“This isn’t good,” Judge Wright told the almost empty courtroom before getting up out of his chair and retreating to chambers.
Judge Wright was scheduled to sentence Californian-based reptile salesman Michael Plank for smuggling 11 skinks, two monitor lizards and two geckos into the US from Australia last year.
Plank made worldwide headlines with his brazen, but unsuccessful smuggling attempt.
The 41-year-old strapped the 15 live reptiles to his chest in money belts, but was stopped by US customs officers at Los Angeles international airport moments after he stepped off his flight from Australia on November 17, 2009.
Plank, owner of US-based Big Game Reptiles, entered a guilty plea earlier this year to the smuggling charge and faces a maximum sentence of 20 years in prison.
However, the sentencing hit a road bump on Monday when Plank’s lawyer, Larry Backman, and prosecutor Dennis Mitchell, could not agree on how much the 15 lizards are worth.
“The value of the wildlife is an issue in this case,” Mr Backman told the judge.
Mr Backman argued the lizards were worth less than $US10,000, while Mr Mitchell called a witness, US Fish and Wildlife Service special agent Mona Ianelli, who estimated the lizards were worth between $US18,000 and $US22,500.
Australian wildlife officials also calculated the value of the lizards at $US18,000-$US22,500, she told the court.
What raised Mr Backman’s hackles was other evidence Ms Ianelli pulled off the internet, including the prices some reptile sales sites had on equivalent lizards. Her evidence also included postings on bulletin boards, including www.geckosunlimited.com.
Under cross-examination Ms Ianelli admitted she did not contact the particular reptile sales sites to check if buyers actually purchased the lizards for the advertised prices.
If there was no buyer, how could that prove market value, Mr Backman said.
Ms Ianelli also admitted she did not verify the identities of the people who posted comments on bulletin boards.
Judge Wright, appearing exasperated, ended the hearing.
“This isn’t healthy,” Judge Wright told the court before vacating his chair.
The sentencing will continue at a date to be decided.