Local News

<< Previous   of   Next >>   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Wednesday, October 29, 2008 No charges in monkey's death at Everett lab By Diana Hefley, Herald Writer EVERETT – A Snohomish County judge won’t allow a Monroe animal rights activist to file criminal animal cruelty charges against three men in the scalding death of a monkey at an Everett animal testing lab. Everett District Court Judge Roger Fisher ruled today there isn’t enough evidence to support allegations that lab workers committed a crime when they failed to remove a cynomolgus monkey from her cage before the cage went through a cleaning. Prosecutors at the city of Everett and Snohomish County also opted not to file charges. “I believe the facts as presented do not rise to the level of a citizen’s complaint,” Fisher said. Susan Michaels, co-founder of Pasado’s Safe Haven, asked Fisher’s permission to bring a private criminal prosecution against three former workers at SNBL USA. She was concerned the case would slip through the cracks if she didn’t pursue criminal charges herself, her attorney, Adam Karp, said. The Bellingham attorney, who specializes in animal law, petitioned to file misdemeanor animal cruelty charges. He alleged that the men were criminally reckless when they caused the monkey's death. Michaels was concerned that the one-year statute of limitations to file a misdemeanor charge would run out before prosecutors made a decision, Karp said. The monkey died in November 2007. Fisher initially delayed making a decision after learning that Everett police were still investigating. Police had received the complaint in February. Fisher ordered county prosecutors to follow up with Everett’s city prosecutor and police. Snohomish County deputy prosecutor Joan Cavagnaro today told the judge her office was declining to file charges. There isn’t a sufficient basis to prove the men intended to kill monkey or even that they knowingly and recklessly caused the animal’s death, she said. Everett city attorney Mike Fisher reached a similar conclusion. “I can’t create a crime out of a bad outcome,” he said. He called the animal’s death a tragic mistake likely attributed to poor job performance -- not criminal behavior that could be proved beyond a reasonable doubt in court. Fisher said he was concerned about being asked to substitute his judgment for the judgment of the prosecutors. He said he wouldn’t go so far as to call a citizen’s complaint unconstitutional. He noted that a case focusing on that question is now pending before the state Supreme Court. “I’d rather see that court rule utilized where there haven’t been diligent efforts on the part of police and the prosecutor’s office,” he said. The citizen’s complaint process is expected to be reviewed by the state's high court next year. In that case, Karp asked the court to overturn a Spokane judge’s ruling that denied the private prosecution of two sheriff’s deputies after their use of Tasers killed an escaped calf. The judge in Spokane determined a citizen’s filing of criminal complaints violates the separation of powers between branches of government. READER COMMENTS Be the first to comment. You must be a registered user and verify your e-mail address to post comments to blogs or articles on HeraldNet. To register, click here. To read other terms and conditions, click here. Log out

1. Arlington brothers’ fight led to death, police say 2. Detectives consider slaps to father lethal 3. Woman found dead at Bothell house fire 4. Two teens hurt in collision near Granite Falls 5. Lottery win helps Lake Stevens convenience store owner pay bonuses 6. Everett man shot in groin; two men, one woman are arrested 7. I-5 car chase was result of driver's medical condition 8. CBS cancels ‘As the World Turns’ 9. Jail inmates’ meal complaint omits a crucial fact 10. Locker dips toe in NFL pool 2 - Top 10 Stories Most Talked about 3 - Top 10 Stories Most Emailed

• Zambian woman thanks students for their help • Food banks see rise in use • ‘Making Spirits Bright’ in Edmonds • Wolfpack takes aim at state • Seahawks help students smile • 95 and still volunteering • Sno-King joined by local TV king • Veterans back for Wildcats • Lynnwood seeks to plug $2 million budget gap • Boeing will build, flight test and deliver 787s in South Carolina to spe ... • Snohomish County EDC promoting job growth in key industry clusters • $4 million grant to advance brain tumor research has Everett links • Providence medical center construction tops off its 12-story steel frame ... • Tulalip affordable housing project to be financed by KeyBank, Raymond Ja ... • Arlington's Lak of Ink has a growing following for Luke Kooyman's creati ... • Bank of the Northwest formed • Cascade Bank earns $1.6 million