The defendant was charged in the Orange Division of the District Court Department with using a “steel jaw leghold trap” in violation of G. L. c. 131, § 80A (1986 ed.).
1
Pursuant to Mass. R. Crim. P. 13,
1.
Motion to dismiss.
The Commonwealth argues that the District Court judge lacked the authority to grant the dismissal motion because finding that the “soft catch trapping system” is not a “steel jaw leghold trap” is the equivalent of entering a nolle prosequi, which power is reserved to the Commonwealth’s prosecutors. See
Commonwealth
v.
Brandano,
The Commonwealth argues that deciding this issue in the context of a motion to dismiss, as opposed to a full evidentiary hearing, was improper because the judge’s decision was not based on all the contemplated evidence.
4
That argument has no
Furthermore, an examination of the record discloses that the parties followed, in substance, the procedures laid out in
Bran-dano.
Each party filed affidavits, counter affidavits, and memoranda of law. Additionally, each party filed further affidavits after the motion hearing. We note that, if the Commonwealth had not agreed to this procedure and the defendant were acquitted at trial, the Commonwealth would not have been able to seek appellate review.
Commonwealth
v.
Therrien,
2.
Steel jaw leghold trap.
It is a well-established principle that a penal statute must be strictly construed against the Commonwealth.
Commonwealth
v.
Perry,
In determining the type of traps prohibited by the phrase “steel jaw leghold trap” we must not regard any of the statute’s words as superfluous and each term should “be given its ordinary meaning without overemphasizing its effect upon the other
The Commonwealth also argues that, since the “soft catch trapping system” operates by means of two semi-circular jaws which, when sprung, snap around the animal’s leg by means of a coil spring, it is a jawed leghold trap. Consequently, the Commonwealth argues, because the trap’s semi-circular jaws are made of steel, it is a “steel jaw leghold trap,” even though the jaw’s contact surfaces have rubber pads. The defendant argues that the term “steel jaw” more aptly refers to gripping elements that come together and hold the animal’s leg because, otherwise, a trap’s mechanism could be made of some other material, such as plastic, and have a steel gripping element and would not be a steel jaw leghold trap. It is enough to resolve this conflict to say that the judge had the trap before him. He found that the trap was not a “steel jaw leghold trap.” Since the statute must be strictly construed, the judge was correct.
Order of dismissal affirmed.
Notes
General Laws c. 131, § 80A, provides in part: “No person shall use, set, place or maintain any steel jaw leghold trap on land for the capture of fur-bearing mammals except in or under buildings on land owned, leased, or rented by him. The steel jaw leghold trap may be used for the capture of fur-bearing mammals in water only if set in such a manner that all reasonable care is taken to insure that the mammal dies by drowning in a minimum length of time. No other device which is set in such a manner that it will knowingly cause continued suffering to such a mammal caught therein, or which is not designed to kill such a mammal at once or take it alive unhurt shall be used, set, placed or maintained for the capture of fur-bearing mammals; provided, however, that a person or his duly authorized agent may apply to the director for a special permit to use such traps, other than the steel jaw leghold trap, on property owned by such person. Issuance of such special permits shall be governed by rules and regulations adopted by the director pursuant to chapter thirty A.”
The Woodstream brand “Soft Catch Trapping System” was granted a United States patent on December 10, 1985 (patent number 4,557,068). The patent’s abstract provides: “A padded leghold trap of the pivoting jaw type includes recessed portions of the jaws in which respective pads are disposed. The pads each have concave facing surfaces with an inner edge that barely touches the inner edge of the other pad in the sprung position of the jaws, leaving the remainder of the concave facing surfaces mutually spaced. A trapped animal is held between the padded jaws which spring closed and traps the animal’s leg without breaking the leg or causing edema. Attempts by the trapped animal to pull its trapped limb from between the jaws causes the radially inner pad edges to roll over toward the limb and thereby increase the retention forces. A retainer for the pad is disposed over an access slot in the pad, which access slot is provided to deploy the pad on the jaw. The retainer includes a bent lip which deforms the pad toward the jaw to prevent the pad from being pulled off the jaw by a trapped animal. An anchor chain is secured centrally of the trapped frame to assure that forces exerted by a trapped animal in trying to escape are directed generally perpendicular to the jaws to thereby minimize damage to the animal.”
Even though the judge’s order dismissing the complaint found that the “soft catch trapping system” was not designed to cause injury and suffering to an animal and therefore would not violate § 80A’s prohibition against any other devices set in a manner that knowingly would cause continued suffering to the trapped animal, we do not address that issue since the original complaint did not allege such a violation and the parties have not briefed or argued the issue.
Issues such as whether the defendant owned the trap, whether the particular trap used was a “Woodstream Soft Catch Trapping System,” and whether the defendant set the trap, are all factual questions normally subject to an adversary proceeding and reserved for the finder of fact. However, the defendant admitted these facts and the only real dispute was a question of law for the judge: Was the trap a “steel jaw leghold trap?”