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A jury trial in the Natural Bridge Zoo case is currently set for Feb. 26, though a motion to delay is anticipated.
On Jan. 19, following a two-and-a-half-day hearing in Rockbridge General District Court, Judge Gregory Mooney released a decision stating that 61 of the animals seized from the zoo in early December would remain in state custody, while 39 would be returned to the zoo.
Attorneys for zoo owners Karl and Debbie Mogensen submitted a notice of their intent to appeal the ruling on Jan. 22, and their appeal on Jan. 26 Under Virginia law, the appeal will be heard “as new” in circuit court, in front of a jury.
A hearing was held last Thursday in Rockbridge County Circuit Court to determine when the trial would be scheduled.
At that hearing, Erin Harrigan, representing the Mogensens, argued that the trial would need to begin within 30 days of appeal being filed, under state law.
“Every day my clients are deprived of these animals, the animals are out of their routine, and [the Mogensens] are unable to continue their business, causing real and serious detriment and harm,” she told the judge.
Michelle Welch, head of the Animal Law Unit with the state attorney general’s office, vouched for the wellbeing of the animals, saying, “They’re receiving more vet care than they’ve ever had, and are well taken care of.”
Welch also indicated that she plans to file a motion to continue the trail, saying that other cases in the state have allowed extensions beyond the 30-day window.
Both sides said they planned to submit a number of motions, and a pretrial hearing was scheduled for Feb. 14 to rule on them. Attorneys were given until 4 p.m. yesterday to file motions, a deadline which was past this newspaper’s publication deadline for the week.
One of the rulings expected on Feb. 14 is on a Jan. 23 notice of appeal Welch filed regarding the General District Court’s decision. The appeal itself had not been received by the circuit court clerk’s office as of yesterday morning. If allowed, Welch’s appeal would bring the 39 animals ordered returned in the earlier decision back into consideration in the appeal case.
At last week’s hearing, Harrigan argued that this appeal should not be allowed, that the upcoming trial and ruling should only be for the more than 50 animals currently in state custody, as well as the four giraffes, which are still at the zoo.
Also on Feb. 1, Harrigan submitted a motion to dismiss the state’s appeal, writing, “The government has no right to appeal an adverse decision of the General District Court.”
Attorneys for the zoo also indicated that they would file a motion to suppress the search and seizure warrants, obtained in Powhatan County, and executed Dec. 6 and 7 on the grounds of Natural Bridge Zoo and the Mogensen’s residence, as well as the warrant allowing seizure of records of the veterinary care the Blue Ridge Animal Clinic had been providing for the zoo.
A trial was scheduled for Feb. 26, anticipated to last four days.
