Testimony on condition of 100 Natural Bridge Zoo animals comes to a close
This story is part of our ongoing coverage of The Natural Bridge Zoo's legal problems starting with a Dec. 6, 2023 search warrant. To catch up from the beginning, click here.
LEXINGTON — The fate of 100 animals from Natural Bridge Zoo is now in the hands of the judge.
Testimony against and for the Natural Bridge Zoo ended on Wednesday. Judge John Gregory Mooney will decide the future of the animals after closing arguments are submitted before the Friday deadline.
The state rests their case
In the two days of hearings, the prosecution called two more witnesses, Samantha Moffett and Ernesto Dominguez, both of whom were on site the day of the raid. Both testified to similar conditions as the state's previous witnesses, including capuchin monkeys fighting for resources, birds plucking their own feathers, broken Sacred Ibis beaks, body parts kept in a walk-in freezer, and “direct and immediate” threats to the animals’ safety.
The state witnesses also left animals behind with action plans to improve their conditions, agreeing with Welch in saying they were “conservative” in what was taken.
Both sides claim process issues
None of the defense’s expert witnesses reviewed the animals in person or were present on the day of the raid, instead relying on photos, case documentation, records, and two zoo site visits to make their assessments. Defense attorney Mario Williams told the judge, “She didn’t let us see any of them,” referring to the state and the animals, respectively.
Williams also objected to the defense having to physically come from Georgia “the day after Christmas” for “six or seven hours” to review document evidence.
Welch objected to the characterization, saying the state met their burden to provide documentation. The animals have been in state’s care for over a month, mitigating the evidential value for follow up health checks. She also objected when “the defense sent 100 documents” the morning of the final day of testimony to be used that day.
Mooney noted he would not be taking up any discovery issues during the testimony, shutting down further discussion. He also told the attorneys on both sides they could not object to a question until the entire question was asked out loud due to constant interjecting objections.
At several points during the case, Judge Mooney hurried the state’s case forward. Mooney pushed the state to close their case by the end of the day on Tuesday, eliminating an expert witness's testimony. On Wednesday, he set an approximate 25-minute time limit on how long the state had to question Gretchen Mogensen, the final witnesses, before the day ended.
Expert witnesses defend Natural Bridge Zoo
The defense offered five expert witnesses.
Lisa Datone, a giraffe specialist, inspected the zoo exhibits and the giraffes themselves around Jan. 3 and 4. She agreed that the hooves were overgrown, but “there’s nothing that’s an eminent risk” to the animal’s health and that it's not uncommon for giraffes in human care to rarely receive hoof care. The state sought to undermine her position by pointing to a paper she wrote recommending hoof care every six to 12 weeks for the “best long-term outcome” with arthritis in the animals. She agreed with her writing, but noted it was far from industry standard practice.
Datone also testified she only knew about giraffe body parts due to reporting on the case, but it was not uncommon to keep "bio artifacts," giraffe remains, for testing and other purposes after their deaths. She answered no when asked by Welch if she helped Natural Bridge Zoo attempt to move the giraffes after the police seizure left them at the zoo.
Corrie Connolly, a veterinarian working in North Carolina, saw no abnormalities with the zoo’s llamas, donkey, minidonkey, sheep, or dog in the photos and reports she inspected. This directly contradicted Moffet, a state witness, who testified the two llamas were "noticeably" thin, the "aged" donkey was completely alone and "depressed," the minidonkey had "swelling" on their face "visible from a distance," the sheep struggled to walk with chipped hooves, and the dog did not have adequate shelter.
The state’s use of parasites was also brought into question by Connolly. The way parasites are found in a lab, a fecal float, looks for the presence of parasites but does not take a quantitative look into how many parasites are found. Given that many of the animals were given “ideal” body condition scores by the state’s investigators, and that many zoos and ranches allow some parasites in their animals to build their resistance, Connolly felt the presence of parasites alone is not enough to argue abuse.
Will Peratino testified, using his experience with a bird sanctuary in Florida and as a former biological and veterinary technician with the Smithsonian National Zoo whose license has expired. Peratino reviewed photos and documents on the zoo’s birds, finding many of the body conditions scores to be listed as “ideal.” He felt that surgically fixing the “scissor beaked” sacred ibis discussed on day one of the trial would have placed the bird in more harm than it was worth to fix if the bird could eat and nest on its own.
Welch asked if Peratino would agree if Natural Bridge Zoo had time to “clean up” between his visit in January and the Dec. 6 and 7 executions of the warrant. Peratino agreed they did, but felt the enclosures were left “as is.”
Ken Alfieri is a “semi-retired” animal transporter in Ohio and South Carolina and a former zoo director. He called the Natural Bridge Zoo’s husbandry “wonderful,” saying the python exhibit discussed on day one was a “good setup” and that he had “zero concerns” about the wellbeing of the animals in the photos he reviewed.
Pairing ground tortoise exhibits with other animals in the elevated sections of the exhibit, similar to what was called the capuchin and tortoise building on the grounds of Natural Bridge Zoo, is a common practice, according to Alfieri. He also testified the fecal material in the tortoises’ food and exhibits could have been explained by their diet the day before and that the capuchin dropping were not a concern if the animals were regularly tested for parasites.
Welch also asked Alfieri about his connection to Bhagavan “Doc” Antle “of Tiger King fame.” According to the BBC, Antle is facing wildlife trafficking and conspiracy to traffic wildlife charges after pleading guilty to money laundering. The defense objected to each of these questions, worried his testimony could affect another case. Judge Mooney agreed to the objections.
Alfieri also responded no when Welch asked, "Did you help Natural Bridge Zoo move an elephant to Florida?"
Peter Brewer, a zoo owner and veterinarian, testified that the pictures of animals he reviewed seemed to be in good health, but it was difficult to tell with a photo alone. He testified Natural Bridge Zoo had adequate space for their monkeys for a winter enclosure.
The state asked each witness if they were being paid to be there on behalf of Natural Bridge Zoo. Datone said she was being paid approximately $150 per hour, but Connolly, Peratino, Alfieri, and Brewer were pro bono.
Welch asked the pro bono witnesses about their relationship to the zoo:
Connolly has known the Mogensens since she was a child, but hoped "they aren't offended" when she said they “aren’t on her Christmas card list."
Peratino last traded animals with the Mogensens about 50 years ago while working for the Smithsonian.
Alfieri has known Karl and Debbie Mogensen for “30 years." He testified to not having business with Natural Bridge Zoo, but did once deliver a gibbon to the zoo on behalf of someone else.
Brewer’s grandfather was “good friends” with Karl Mogensen about 50 years ago.
Gretchen Mogensen testifies
Gretchen Mogensen, zoo manager and owner Karl Mogensen’s daughter, was the last witness.
Mogensen testified the enclosures were cleaned “every single day” and the animals were fed “every single day.” She testified to the feeding schedules of the zoo animals, pointing to the high price of food bills, with receipts displayed on a screen in the courtroom. She felt many of the conditions cited by the state were the result of not being able to clean the winter enclosures from one day’s worth of animal mess from the day and night before the warrant execution.
The health of the animals was also factored into Mogensen's time and budget. She testified to having contacted veterinarian Ashley Spencer about once a week about the health of the zoo animals. Law enforcement searched Blue Ridge Animal Clinic, where Spencer works, and seized records relating to the care of Natural Bridge Zoo animals.
Mogensen also testified that the hornbill discussed in detail on day one of testimony was part of a breeding pair, the female of whom was left inside the cage. This detail directly contradicts the state and Dominquez’s testimony that there were zero female hornbills found or seized.
Welch’s questions for Mogensen centered around previous investigations by the federal government or animal rights groups, but were shut down by sustained objections. Mooney explained the reports were “not central to the court’s inquiry about the animals that were seized” and worried the discussion could prejudice the judge against the zoo. Welch disagreed, feeling it would go Mogensen’s competency and the long-term conditions of the animals.
Those looking for an update on Asha in the hearing wouldn’t get one. Welch’s questions to Mogensen about the elephant were also shut down with sustained objections. Reporting from Emma Coleman with The Roanoke Times found Asha was moved to Florida before the raid. The prosecution also asked if Mogensen said “they are already here” when she arrived at the zoo with police parked out front, but she replied “I don’t know.” Further questions about the zoo potentially being tipped off before the raid met sustained objections.
After Mogensen, the attorneys entered Mooney’s chambers, then left without a final decision. Defense attorney Aaron Cook told reporters outside that he estimates a decision could come by mid to late next week but emphasized that this was not a certain timeline.
This article originally appeared on Staunton News Leader: Natural Bridge Zoo testimony comes to an end
