Here are some things you don’t do when you know you are committing a crime. You don’t do it in broad daylight in front of witnesses. You don’t enlist the help of those witnesses and invite them to record the event with their smartphones. You don’t report what happened to a law enforcement agency or leave evidence of the incident in plain view in a public place.
John Moore and Tanner Mansell, two Florida diving instructors, did all of those things on August 10, 2020, when they took Camryn Kuehl and her family on a snorkeling trip and came across a buoy-tethered fishing line that had caught 19 sharks. Moore and Mansell, who worked for a company that specializes in shark encounters, told the Kuehls the catch was “illegal.” Based on that assessment, they hauled in the line and freed the sharks, reported the incident to Florida Fish and Wildlife Officer Barry Partelow, and followed his instructions by leaving the fishing gear on the marina dock in Jupiter. But after it turned out that the shark catch had been authorized as part of a research project, both men were convicted of a federal felony, even though the evidence suggested they had made an honest mistake.
President Donald Trump reversed that injustice on Wednesday, when he granted pardons to Moore and Mansell. Unlike many of Trump’s clemency decisions, such as his pardons for violent Capitol rioters and corrupt public officials who abused their powers for personal gain, his intervention in this case epitomizes how “the benign prerogative of pardoning,” as Alexander Hamilton called it, should be used: to make “exceptions in favor of unfortunate guilt,” overriding “cruel” criminal penalties in circumstances that “plead for a mitigation of the rigor of the law.”
That certainly seems like an apt description of this case. Kuehl, who documented the shark release with photos that she posted on social media, testified that she “thought we were doing a great thing.” That was the impression she got from Moore and Mansell, whose conduct suggests they were sincere in that belief. Assistant U.S. Attorney Tom Watts-FitzGerald nevertheless obtained an indictment that charged them with violating 18 USC 661, which applies to someone who “takes and carries away, with intent to steal or purloin, any personal property of another” within “the special maritime and territorial jurisdiction of the United States.”
During their 2023 trial in the Southern District of Florida, Moore and Mansell asked Judge Donald Middlebrooks to instruct the jury that stealing property means wrongfully taking it “with intent to deprive the owner of the use or benefit permanently or temporarily and to convert it to one’s own use or the use of another.” After the prosecution objected to including a conversion element, Middlebrooks omitted it, although he did tell the jury that the defendants maintained they had “removed property without the bad purpose to disobey or disregard the law and therefore did not act with the intent to steal or purloin.”
The jurors, whose deliberations lasted longer than it took to present them with the evidence against Moore and Mansell, evidently were troubled by the facts of the case. They sent the judge several notes before telling him they were unable to reach a verdict. Middlebrooks then gave them an Allen charge, encouraging them to continue deliberating and saying they should be open to changing their positions, provided they could do so “without violating your individual judgment and conscience.”
Hellbound and Down 