20040622

Marshmallow error lands woman in shackles

MIAMI, Florida (AP) -- A teacher's aide who forgot to put away her marshmallows and hot chocolate at Yellowstone National Park last year was taken from her cruise ship cabin in handcuffs and hauled before a judge, accused of failing to pay the year-old fine.

Hope Clarke, 32, crying and in leg shackles, told the judge Friday she was rousted at 6:30 a.m. by federal agents after the ship returned to Miami from Mexico. She insisted that she had paid the $50 fine before she left Yellowstone, which has strict rules about food storage to prevent wildlife from eating human food.

Customs agents meet all cruise ships arriving from foreign ports and run random checks of passenger lists, and a warrant claiming Clarke had not paid the fine was found in the federal law enforcement database.

Assistant U.S. Attorney Peter Outerbridge conceded there were some "discrepancies," but suggested to the judge that Clarke appear in court again to clear up the warrant.

U.S. Magistrate Judge John O'Sullivan, who had a copy of a citation indicating the fine had been paid, apologized to Clarke, who spent nearly nine hours in detention, and demanded that the U.S. attorney's office determine what went wrong.

Zach Mann, spokesman for U.S. Immigration and Customs Enforcement, called the arrest "an unfortunate set of circumstances." He added, "We were acting on what we believed was accurate information."

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