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Giraffes’
Move,Costs Still Issues
Another Hearing Set In NB Zoo Case
Many elements of the final disposition of the animal seizure case against Karl and Debbie Mogensen were settled in Rockbridge County Circuit Court on Monday, but two major elements are still undecided: How much the Mogensens will pay toward the cost of care for the 71 animals that were awarded to the government by a jury in March, and when the four giraffes, which are among the animals awarded to the state, can be moved from Natural Bridge Zoo, where they’ve remained since their seizure in December.
The main reason the date for moving the giraffes has not been settled is that at least two of them are likely pregnant.
Erin Harrington, councel for the Mogensens, reported to the court that fetal movement had been observed in two of the female giraffes, indicating that they are pregnant. Harrington added that, since the pregnancies are at the point where movement can be observed, the babies are likely to be carried to term. Giraffe pregnancies typically last between 13 and 15 months.
Judge Christopher Russell ordered the state to get confirmation on how many of the giraffes are pregnant within the next 30 days, and to provide the zoo with 72 hours notice before coming to examine the giraffes. Samples of the giraffes’ droppings will be taken to test for increased hormone levels to confirm pregnancy.
Russell also ordered that the male giraffe be separated from the females to prevent further breeding, and asked to be informed of any potential dangers transportation may pose to the pregnant giraffes. There are three female giraffes and one male at the zoo.
The other issue on which Russell will issue a ruling at a later date is the amount that the Mogensens will pay toward the cost of care for the 71 animals awarded to the state.
Michelle Welch, attorney for the state, submitted documentation placing the total cost of care for the animals since Dec. 6, 2023, at $535,456, and asked for $377,313.79 from the Mogensens. In addition to boarding fees and cost of veterinary care, Welch cited cost of construction of a separate habitat for some of the capuchins being housed in Ohio who have contracted an illness that can be fatal to other monkeys. She also noted that one of the seized macaws had been euthanized and some of the capuchin monkeys had been moved from the Richmond Zoo to a facility in Florida.
Harrington argued that the cost was too high, presenting the court a chart comparing the daily cost of care at the facilities the state sent the animals to, and argued that the cost of care was separate from the cost of building or expanding enclosures for the animals. Specifically, she noted that the Cincinnati Zoo charged $24,000 for caring for eight of the capuchin monkeys, while the Richmond Zoo’s cost for looking after four capuchins was $1,800.
Russell agreed that the costs of boarding some of the animals in some places was high, feeling that the amount paid by the Mogensens should be no more than $20 per day per animal, and in some cases less than that per day. He said he would take time to review the information provided by both parties and settle on an amount.
Russell did rule on most of the other provisions that the state asked for in its draft of the final disposition.
He set an appeal bond for the case at $200,000 (the state asked for a $287,347.50 bond), ruled that the 29 animals awarded to the Mogensens by the jury be returned to them, that the Mogensens not contact any of the facilities housing the 71 animals awarded to the state, and that they continue to cooperate with any inspections and with the movers who come to take the giraffes away.
Welch said that she included cooperation with the movers after a transporter the state had hired to move the giraffes changed their minds after Karl Mogensen contacted them and said he would “kill the giraffes before he let them take them” and threatened to kill anyone who came on the property to take the giraffes. Welch said that a new mover has been arranged to get the giraffes once the final disposition is settled.
A hearing is scheduled for Oct. 2 to settle the issue with the giraffes and the cost of care for the animals.
