Lawyers clash over care of Natural Bridge Zoo’s giraffes

The fifth day of the Natural Bridge Zoo trial was more combative, as Rockbridge County wrapped up its arguments and the zoo’s attorneys began testimony to convince the jury why 98 animals seized from the zoo in early December should be returned.

The county’s last witness in the civil trial testified to the behavior, condition and environment of the four giraffes that were legally seized by the Virginia attorney general’s office but remained at the zoo since the state had no way to transport them.

Amy Phelps, who observed and advised on the giraffes during the raid, echoed much of what animal welfare expert Darren Minier said in his testimony Thursday. She said she recommended seizure of the giraffes, observing what she called a direct and immediate threat to their health.

Phelps said the barn was warm, but once the animals were let out, the heat was turned off. Giraffes are sensitive to temperature and require access to a warm space. She also noted a lack of enrichment available for the giraffes and compared the situation to being stuck in a house without books, games or any form of engagement. If giraffes don’t have enrichment, she said, they can develop neophobia, which makes them afraid of simple changes like new objects or a caretaker wearing a shirt of a different color. 

For animals living in captivity, “it’s prison without enrichment,” Phelps said.

She said that the female giraffes had been bred “back to back” without recovery time and that they seemed nervous and scared, especially of the zoo staff, who she observed shooing the giraffes at times. Phelps said she observed the staff’s routine care for the giraffes, but under cross-examination she said she could imagine how the police’s presence and the raid could change how workers felt doing their normal routine.

When she visited Natural Bridge again on Feb. 17, she testified that she noticed several improvements: There were new enrichment items in the barn and yard and bamboo for the giraffes to eat, and potentially dangerous gaps in the giraffes’ cages had been boarded up. Other issues, like the barn’s temperature, still needed work.

After a lengthy skirmish over jury instructions and the county’s burden of proof, Judge Christopher Russell denied the zoo’s motion to strike the case. Later, when court ended for the day, Russell said he was still unsure and waiting on attorneys to agree what burden of proof the jury must consider — the court has yet to decide on multiple thresholds and definitions, such as cruel treatment, adequate versus necessary care and a “direct and immediate threat” to the animal. It’s possible that the jury will fill out a form for each of the 98 animals on who should have custody.

The zoo called an expert witness, Colorado-based vet Dr. Liza Dadone, who began consulting with Natural Bridge Zoo on giraffe care in mid-December following the seizure. The zoo has paid Dadone about $9,000 to date, but she said payment for her consultation doesn’t change her opinion or recommendations.

Dadone specializes in giraffes, and her testimony contradicted Phelps’ and Minier’s on several points. The gaps in the giraffes’ cages were wide enough that they didn’t pose a substantial risk of trapping or strangling the animals, she said, and she noted that many zoos keep dead animals in their freezers to study later on. Minier had testified Thursday that the zoo had stored more than 50 animals and animal parts in its walk-in freezer at the time of the seizure.

Dadone also spoke to some of the improvements the zoo has made in the past two months. The staff has started to monitor airborne ammonia levels from animals’ urine and feces, addressing the overwhelming smell of ammonia that Minier testified to, and there are more enrichment items for the giraffe, like a pipe-shaped slow feeder that makes the giraffes work a bit to get their food. As for the giraffes’ relationship with their handlers, she said several times that the animals chose to stand next to and interact with the staff.

One point of contention was how overgrown the giraffes’ hooves were. Phelps testified that all of them were overgrown, some so long that they were starting to flake off. Overgrown hooves cause discomfort not only in the hoof and leg but across the body, she said, and hooves should be shaved every four to six weeks. 

Dadone said hooves should ideally be shaved every six to eight weeks but that doesn’t always happen in practice. While noting that the giraffes’ hooves were overgrown, Dadone said they weren’t the worst she’s ever seen and that she saw the giraffes lying down, which is a sign that they’re comfortable enough to bend like that.

Michelle Welch, a special assistant attorney general, also raised questions about a 2-week-old giraffe that the county has alleged was taken to another facility and separated from its mother. But Russell cut short this line of questioning after objections from the zoo’s lawyers.

The zoo produced several other witnesses to help its case. Lois Magill, who runs New Freedom Farm, a sanctuary farm in Buchanan, said she collected two llamas, two donkeys and a sheep at the attorney general’s request on the day of the raid — they all seemed in fairly good shape, she said. Those were the same animals that were taken to Dr. Chad Hundley’s veterinary practice in Chesterfield about 10 days later.

The first week of the trial ended with an expert witness, Will Peratino, who spoke to the adequacy of the size of the cages for many of the primates, tortoises and birds. It was established under cross-examination that Peratino has been friends with Karl Mogensen, one of the zoo’s owners, for 40 years and that he examined the zoo facilities in late December, after most of the animals were already gone. 

He also provided caveats for some implications made by county witnesses in earlier testimony. For example, he said that different species have different concentrations of ammonia in their urine, so the smell of ammonia might not be from old or excess urine.

The zoo’s lawyers said they’ll finish presenting their case Monday, which will conclude the evidence portion of the trial. Court will reconvene at 8:30 a.m.