Okay, so there was a bad apple out of ten’s of thousands. So what?
The first trial was held last year and ended in a hung jury. It would probably have concluded in favor of Mr. Robertson had the federal defender presented all of the evidence. Yet, the defense, Michael Donahoe, refused to call any expert witnesses.
Donahoes group had paid for, and received, an environmental impact report detailing how Robertson did NOT violate the law, yet he treated it as if it was not accurate. This report outlines the fact that there is no stream from the Robertson pond to any tributary. Donahoes response was that the EPA was the expert testimony, and he would rely on their report.
The report outlines that the alleged wetlands is not waters of the U.S. and it is virtually impossible for them have a significant effect on the physical, chemical, and biological integrity of the Jefferson River.
http://redoubtnews.com/blog/2016/05/13/montana-disabled-veteran-convicted-pond/