Activist wants criminal charges in monkey death

Published 12:32 pm Thursday, October 23, 2008

EVERETT — In a rare move, a Monroe animal rights activist is petitioning to file criminal cruelty charges against three men in connection with the fatal scalding of a monkey last year at an Everett animal testing lab.

Susan Michaels, co-founder of Pasado’s Safe Haven, is asking a judge’s permission to bring a private criminal prosecution of three former workers at SNBL USA.

A cynomolgus monkey died after she wasn’t removed from her cage before the cage went through a cleaning. Lab officials called the monkey’s death an accident.

Michaels was concerned the case could 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, appeared Wednesday before Everett District Court Judge Roger Fisher. He petitioned to file misdemeanor animal cruelty charges. He alleged that the men caused the torturous death of the monkey.

Fisher delayed making a decision after learning that Everett police are continuing to investigate the incident. He said he was concerned about making any ruling while there is an ongoing felony investigation.

“I appreciate a citizen’s complaint,” Fisher said, adding that it appeared to him there was a lack of due diligence in pursuing the case.

Fisher ordered county prosecutors to follow up with Everett’s city prosecutor and police. A misdemeanor case would most likely be filed by city prosecutors.

He also instructed prosecutors to review the materials provided by Karp.

The case hasn’t been forwarded to any prosecutors because the investigation isn’t complete, Everett police Sgt. Robert Goetz said.

Everett police have been investigating the incident since February, when they received the complaint, he said.

“Our investigator is committed to doing a thorough job,” Goetz said. “The investigation is expected to be wrapped up in the next several days.”

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.

“Prosecutors haven’t come out formally and said they’re not going to prosecute,” Karp said. “We wanted to do it ourselves at the very least to get something filed.”

Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.