A federal appeals court docket has rejected Joe Exotic’s complaints about his new punishment for twice attempting to have his chief critic, Carole Baskin, killed.
The former Oklahoma zookeeper was resentenced in January to 21 years in prison.
His attorneys complained the trial decide imposed consecutive prison phrases on his murder-for-hire convictions in violation of the double jeopardy clause of the U.S. Constitution.
“Consecutive sentences for two counts … involving the same course of conduct and a single victim who was never harmed are unconstitutional and therefore, his sentence must be vacated again,” they argued.
The tenth U.S. Circuit Court of Appeals in Denver disagreed.
The murder-for-hire convictions should not multiplicitous as a result of they contain distinct plots, U.S. Circuit Judge Michael R. Murphy wrote.
“(The) murder-for-hire attempts were born from a bitter feud with activist Carole Baskin over his treatment of animals at the zoo he operated in Wynnewood, Oklahoma. The pair’s colorful rivalry featured famously in Netflix’s 2020 documentary series, ‘Tiger King: Murder, Mayhem, and Madness,'” the decide famous within the 3-0 opinion.
The first try concerned a zoo worker who was paid $3,000 to journey to Florida to kill Baskin however did not comply with by, the decide wrote. The second try concerned an undercover FBI agent who was supplied $10,000 to homicide Baskin.
“Although they shared a common target, evidence indicates the hitmen shared little else. … (They) never communicated or worked together; they received different instructions at different times; and they had entirely separate rewards. Thus, the two hitmen represented two independently operating plots to kill Baskin,” he wrote.
Under Joe Exotic’s argument, a person “could amass a cavalry of independently operating killers to terrorize the intended victim without fear of being charged with multiple counts,” the decide wrote.
The congressional intent behind the murder-for-hire regulation “certainly aimed to treat separate murderous solicitations distinctly, even if there is but one intended victim.”
The opinion got here out Friday, three days after President Joe Biden signed into regulation the Big Cat Public Safety Act.
The regulation bans the petting of tiger cubs, which was the principle attraction at Joe Exotic’s now-closed roadside zoo. Baskin, who operates an animal sanctuary in Florida, had lengthy pushed for passage of the regulation.
Her husband, Howard Baskin, stated Monday: “Joe has shown no remorse whatsoever for his years of mistreating animals and for his proven attempts to have Carole murdered, continues to lie and blame others online, and belongs in prison for the full 21-year sentence in our view.”
Joe Exotic was initially sentenced to 22 years in prison for the murder-for-hire schemes and for crimes involving his animals.
The federal appeals court docket dominated final 12 months that U.S. District Judge Scott Palk made a mistake in imposing the punishment and should do it once more.
“If I ever make it out of this alive, all I want to do is move on with my life,” Joe Exotic stated on the resentencing in Oklahoma City federal court docket.
“I have learned several things from being incarcerated so far, and that is, you spend every second with your loved ones like there is no tomorrow. And no animal, depending on what it is, whether it’s a fish or a tiger, does not belong in a cage,” he stated.
His attorneys requested the decide on the resentencing to impose solely 90 months.
He maintains he was arrange and is harmless. He is now looking for a brand new trial on newly found proof and authorities misconduct grounds. He claims the key witnesses towards him have recanted their testimony.
That request is pending earlier than his trial decide.
He can also be looking for a pardon from Biden after failing to get one whereas Donald Trump was in workplace. “Well it seems that my stocking was empty again this Christmas, first by President Trump then by President Biden,” he complained Sunday in an Instagram put up. “And we all believed in Christmas miracles?”
Joe Exotic was born Joseph Allen Schreibvogel however his title has modified over time relying on his marital standing. He now goes by Joseph Maldonado. He is 59.
His trial decide imposed his first sentence on Jan. 22, 2020, after a jury convicted him at a 2019 trial. Months later, he grew to become well-known after Netflix launched “Tiger King.” Millions watched whereas in pandemic lockdowns at house, making it a breakout hit.