He's guilty of poisoning those trees. And since he's admitted to it on a public radio station, that much is an open & shut case.
But what damage has been done? Anyone can see now that those trees look healthy. Sure they're poisoned, but the damage hasn't shown up yet. I don't think they can legally BBQ him on expert testimony that those trees are going to die in the future. I understand it will take at least a couple years for the trees to die.
If the prosecution is all gung ho and wraps this thing up now, they won't be able to get him for the full damage that's going to be shown later. And they won't be able to come back later and press him harder because that would be double-jeopardy.
But what damage has been done? Anyone can see now that those trees look healthy. Sure they're poisoned, but the damage hasn't shown up yet. I don't think they can legally BBQ him on expert testimony that those trees are going to die in the future. I understand it will take at least a couple years for the trees to die.
If the prosecution is all gung ho and wraps this thing up now, they won't be able to get him for the full damage that's going to be shown later. And they won't be able to come back later and press him harder because that would be double-jeopardy.