Case of Natural Bridge Zoo extended, giraffes pregnant

ROCKBRIDGE COUNTY, Va. (WSET) — Former Natural Bridge Zoo owners Karl and Debbie Mogensen were back in court Monday to hear their post-trial motions. The hearing came after a jury's decision in March that justified the state's seizure of 71 animals from the zoo on allegations of animal cruelty and neglect and returned 29 animals to the zoo.

On Monday, they discussed several motions. A major point of contention was the four giraffes on the zoo grounds. The jury had decided in March that the giraffes belonged to Rockbridge County, but they were not removed from the grounds because giraffes are difficult to transport.

During the hearing, the defense revealed that at least two of the three female giraffes at the zoo were pregnant. They argued that it was dangerous to move a pregnant giraffe and it should not be done. The defense also argued that the babies should not be placed in the county's care.

“These offspring were not subjected to the conditions the county complained about on the day of the seizure,” said Erin Harrigan, co-counsel for the defense.

However, the prosecution argued that the pregnancy may have been deliberately induced to profit from the animals, claiming that the defense dragged out the case months longer than necessary and intentionally kept the male giraffe in an enclosure with the females.

They want to keep the giraffes there so they can profit off the babies,” said Michelle Welch, the special prosecutor in the case. “We had April, we had June and now we have August. So if they had kept the animals separate, we wouldn't have any babies now.”

Judge Christopher Russell ordered that the county can send its own veterinarian to the zoo to confirm the pregnancy, further delaying the already lengthy legal battle. The judge ruled that the veterinarian must come within the next 30 days and give 72 hours' notice of his arrival.

The judge also ordered that Karl and Debbie Mogensen not have any contact with anyone who cares for, has cared for or might transport the animals after Welch argued that Karl Mogensen had threatened the life of a giraffe transporter.

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Various monetary amounts were discussed during the hearing, including the judge's decision to set a $200,000 appeal bond in case the Mogensens decide to re-appeal the case in higher court.

The Mogensens must also pay the costs of caring for the seized animals during the nine-month court case. The district asked the judge for a total of $377,313.79.

However, the defense argued that the costs were far too high, stating that their figure was closer to $56,000. They further elaborated on their argument, stating that the Mogensens should only be required to pay “reasonable costs.”

Just because they chose a facility that charges $24,000 doesn't mean that's reasonable if the facility in Virginia would charge $3,600 to treat those animals,” Harrigan said.

Prosecutors argued that the cost of caring for the animals was reasonable and that the animals required additional veterinary treatment. They also argued that some facilities would have to make expansions to care for the seized animals.

They keep saying we should have found other, cheaper places to put them, and that's just not how the world works. You have to work with rescue partners who are willing to help you,” Welch said.

The judge has not yet ruled on the care costs the Mogensens will be charged, but he ruled that the couple must cooperate with authorities during unannounced inspections of the zoo in the future.

This court hearing is the first since the zoo reopened on Memorial Day. The zoo now has a new owner: the Mogensen children. However, it was announced in the courtroom that the transfer of the zoo is not yet complete.

They are expected to return to the courtroom at 1 p.m. on October 2 to deliver the final verdict.