Jury returns Natural Bridge Zoo animal seizure ruling ten minutes short of midnight

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 – Around 8:15 p.m. on Monday, a bailiff brought a trash bag to the Rockbridge County, seven-person jury.

Their assignment was to determine which of the 100 animals seized by Rockbridge County would be returned to Natural Bridge Zoo, if any.

They entered deliberations around 1:30 p.m. and would not be done for another three and a half hours.

The jury enters deliberations

After both Rockbridge County representatives and Natural Bridge Zoo’s defense rested, the jury received instructions from Judge Christopher Russell. Around 1:30 p.m., they entered jury’s chambers.

A few minutes after 4:00 p.m., the jury was briefly brought back into the courtroom. They had requested a transcript of the testimony to review in the deliberations. Russell explained the proceedings had been electronically recorded, but that recording could not be made available to them. Instead, Russell said, they must rely on their own, and each other's, memories.

Mogensen did not testify

Unlike the General District hearings, Natural Bridge Zoo manager Gretchen Mogensen did not take the stand. The defense requested she be added to the witness list Sunday night, but this was not the case.

After the jury was sent out, defense attorney Aaron Cook summarized what her expected testimony would have been. The jury did not hear any of these details, but they were entered into the record.

Both the deceased animals were addressed. Cook said Mogensen would have testified the now-deceased gibbon’s name was Ted and he was in “good health” before the warrant.

The “very friendly” skink who passed was an animal ambassador, carried around by staff to meet the zoo’s guests. It did not regularly live in the cage with the turtles, Cook relayed, but was there that night after traveling with staff the day before.

The mother capuchin referred to as Anne was under vet care for the “oozing” wounds on her tail. She “picked” at her sores and the infant capuchin would often urinate on the mother, keeping the wounds open and at risk of infection.

One of the two male ground hornbills was allegedly partnered with a female, who was burrowed in the cage the male was taken out of when police were on scene. This male hornbill was previously discussed in The News Leader's coverage of the General District hearings.

According to Cook’s summary, the female abandoned the couple's egg after the seizure. The baby bird hatched, but died without its mother taking care of it. The female hornbill then laid a second fertilized egg, but she smashed the egg not long after it was laid.

Addressing the incident between zoo staff and law enforcement during the warrant execution, Cook relayed Mogensen watched law enforcement capture the gibbon until she was told to leave under threat of arrest.

The jury orders pizza

Around 7:30 p.m., the jury was brought out of deliberation.

Russell asked if they were making progress, and the jury’s spokesperson said they were.

“Would y’all like some food?” Russell asked?

“Yes sir,” the floor person responded, a general laugh coming from several jury members.

The jury agreed to a Dominos order of pepperoni and cheese pizzas, then went back into deliberation.

Jury returns near midnight

At 11:52 p.m., the jury issued their verdict.

The following animals will not be returned; four giraffes, four red-footed tortoises, 12 white-throated capuchins, seven sulcata tortoises, three aldabra tortoises, three ground hornbills, 14 macaws, one green Burmese Python, two ball pythons, five red-eared sliders, one painted turtle, one female gibbon, five brown capuchins, six cotton-topped tamarins, one minidonkey, and one dog. The blue-tongued skink would not return either way, being one of the animals who passed after the seizure.

The following would be returned; one kookaburra, one sulphur-crested cockatoo, four Amazon parrots, two pink and grey cockatoos, one macaw, two sacred ibis, one yellow Burmese Python, two red-ruffed lemurs, three white-ruffed lemurs, six ring-tailed lemurs, one serval, one Poitou donkey, two llamas, and one sheep. Ted, the male gibbon who passed away, would have been returned if he had survived.

This means 71 animals will remain with the Commonwealth, while 29 are returned to the zoo.

This decision may be appealed, but at midnight as Tuesday began, nothing has been filed. A motions hearing has been scheduled for April 4.

Lyra Bordelon (she/her) is the public transparency and justice reporter at The News Leader. Do you have a story tip or feedback? It’s welcome through email to [email protected]. Subscribe to us at newsleader.com.

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This article originally appeared on Staunton News Leader: Jury returns Natural Bridge Zoo animal seizure ruling