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Attorney General: State to fight return of Snowball
03:33 PM PDT on Friday, October 26, 2007
Oregon Attorney General Hardy Myers announced Friday that the state will appeal a judge's decision that ordered Snowball the deer to be returned to a Mollala family.
The ongoing battle over the fate of the famous pet deer took a new twist Thursday when a Clackamas County Judge granted a Molalla family's petition to get the doe back.
However, the Attorney General confirmed Friday that the Oregon Department of Fish & Wildlife will challenge that ruling.
State: Dangerous precedent
"We believe this deer is the same under law as any property police may seize from a person who cannot lawfully possess the item," Myers explained. "The logic of the court's ruling is that police could be compelled to return stolen property or other property to people who are not entitled to possess it. The impact of the ruling potentially extends beyond this wildlife case."
The Oregon Department of Fish and Wildlife expressed concern that the judge's ruling would set a dangerous precedent.
"We are concerned that this ruling opens the door to people removing wildlife from the wild," said Ron Anglin, ODFW's Wildlife Division Administrator. "If a District Attorney chooses not to prosecute, an individual will simply get the animal back. That's not good for Oregon's wildlife," Anglin said.
Family hopeful
"The Filipetti family is confident that no stay will be granted since there is no basis to do so," said Geordie Duckler, the Portland animal rights lawyer who represent the family. "Judge Miller's decision is sound.”
The state has three business days from Thursday to return Snowball if the stay is not granted.
Judge Eve Miller granted the Filipetti's petition to get the pet deer back in the wake of an earlier ruling by the Oregon Department of Fish and Wildlife to send the animal to a Molalla elk farm.
SHARE/READ COMMENTS: What do you think?
Miller said that since the deer was seized as evidence in the state's criminal investigation -- yet no charges were filed -- the deer was obviously no longer needed by the state.
More: Read judge's ruling
“I am very, very happy and I hope that’s the end of it,” said Jim Filipetti, whose family adopted the crippled deer after finding her along a road about five years ago. They paid thousands of dollars in veterinary bills to help correct the doe's leg deformities.
Duckler had filed a petition recently to return Snowball to the family. The white-colored blacktail deer has been in ODFW custody for more than a month.
For the last few weeks, Duckler had called the case frustrating. He said the animal is owned by the state but that a private company would benefit from it unless the deer is returned to the Molalla family.
Duckler also said the elk farm owners eat elk at the farm.
ODFW seized the doe last month and then announced they planned to release her onto a licensed elk ranch in Molalla.
“They obviously fooled us about where they were going to take it,” Duckler said. This was "not anywhere in the sphere of appropriate choices."
“This decision will provide the doe with the long-term care she needs and is consistent with Oregon’s wildlife laws,” said Ron Anglin, ODFW Wildlife Division administrator.
The facility, Rosse Posse Acres, is an ODFW-licensed ranch.
Rosse Posse Acres has a herd of elk on their 52-acre facility, which is open to the public. Snowball will live in an enclosed area and will receive regular veterinary care. The ranch is owned and operated by Alan and Brenda Ross.
More: Details about the Rosse Posse farm
According to state wildlife veterinarian Peregrine Wolff, Snowball suffers from congenital and degenerative conditions, making her permanently disabled.
Background: Bucky released after vasectomy
Before ODFW's decision, officials said they were considering allowing Snowball to stay with the family.
Slideshow: Snowball and Bucky
ODFW officials seized Snowball and her offspring, Bucky, after learning the family was illegally keeping the animals as pets. Bucky was later released into the wild.
Share/Read: Comments about initial seizure of Snowball
Jim Filipetti and Francesca Mantei found Snowball as a crippled fawn that likely would have died without human intervention.
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