BONNERS FERRY — A  local veterinarian, Dr. Roland Hall, will have  poaching charges against him dismissed after it was disclosed he had failed to have been read his Miranda rights.

He was charged one felony and two misdemeanors.

 Hall and Dennis Liermann Jr., Naples, were charged with taking two bull elk one a day before archery season for elk opened. The incident took place on Sept. 5,  2009.

After investigation, Judge Benjamin Simpson found that the Idaho Fish and Game officer who initially investigated the report that Hall and Dennis Liermann Jr., of Naples, had taken two bull elk, violated Hall’s Fifth Amendment right by not reading him his Miranda rights.  In June, Simpson ruled all statements made by Hall were inadmissible in court.

According to Douglas, federal and state laws require that suspects be given their  “Miranda warnings” by police prior to questioning.

“It has now been determined that there is insufficient evidence remaining to adequately support the case at trial, making a conviction unlikely,” said Boundary County Prosecutor Jack Douglas. “Accordingly, in the interest of justice, the state of Idaho has filed a motion with the district court to dismiss this case due to lack of sufficient remaining evidence to support the current charge.”

Douglas said in the Hall case, IFG officers stopped Hall’s pickup in the Trapper Creek area late at night on Sept. 5, 2009, using overhead police and emergency lights, and questioned both Hall and Liermann.

“At the motion to suppress hearing in June, it was determined by the testimony of the main investigating officer and the tape recording, that Hall was not free to leave,” Douglas said. “When Dr. Hall appeared hesitant to talk, the officer told him the police could do a DNA test costing thousands of dollars, to be billed to Hall, and even take him to jail to talk there,” Dougals said. “The judge ruled that all the statements Dr. Hall made were inadmissible at trial because he had not been given his Miranda warnings and obviously would not have waived them.”

The prosecution and police have carefully re-evaluated the remaining evidence and performed an additional investigation, but determined that there was insufficient evidence to support current charges.

Liermann, who also faced a felony charge, pled guilty in December to two misdemeanor counts of taking/possessing a bull elk during closed season. He and was sentenced by Judge Debra Heise to 60 days in jail, with 54 days suspended.

Liermann served two days in jail and 32 hours in the sheriffs inmate labor program. He was also fined $1,000 on each count, plus court costs, and had his hunting privileges suspended for five years.