Judge dismisses case to save monk parakeets
The Connecticut Post
KEN DIXON Staff writer
NEW HAVEN — Less than an hour into the third day of trial, Judge Trial Referee Anthony V. DeMayo this morning abruptly dismissed the attempt by the Friends of Animals Inc. to stop the United Illuminating Co. from capturing and killing monk parakeets.
“I feel disappointed and let down by the way the case has been put forward,” DeMayo said before adjourning the case shortly after the Friends of Animals completed submitting testimony in New Haven Superior Court.
He said the FOA legal strategy was unusual because it failed to call UI officials to testify, even though they were in the courtroom during the three-day attempt to win a permanent injunction.
Priscilla Feral, president of the Darien-based FOA, immediately promised an appeal and criticized the General Assembly for failing to protect the colorful parrots following UI’s controversial capture-and-slaughter of about 185 birds in 2005.
Feral and FOA attorney Danielle B. Omasta said DeMayo did not allow the group to properly pursue its case. Rather than seek direct testimony from the UI officials. who ran the capture program, Omasta attempted to submit testimony from their previously sworn depositions taken during the pretrial period.
Those attempts to submit sections of depositions were successfully opposed by Jonathan M. Freiman, UI’s attorney. DeMayo’s upholding of Freiman’s objections will be the basis for the appeal, Omasta said. DeMayo approved Freiman’s motion for summary judgment.
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2 Comments
On May 29, 2008, Katherine Ryan wrote:
We need to do everything we can to show our protest and disgust for United Illuminating’s slaughter of these parakeets. It’s inexcusable for them to being doing something so inhumane to these innocent birds. It’s such a shame that this even has to go to court and cost people money… money that could go to helping people who are losing their homes and their jobs. Saving innoent defenseless animals of any kind should always be a priority because we all have a right to live a decent life on this planet. If United Illuminating doesn’t want nature (who obviously doesn’t know better) to make nests in their poles, which would obviously resemble trees, then they should put their poles underground and think about protecting their poles and nature. Talk about control freaks!!
On May 29, 2008, Nancy Rice wrote:
Friends of Animals will proceed with appealing yesterday’s ruling. FoA will also work to strengthen the existing statute (Sec. 26-92) so there’s no room for United Illuminating or anyone else to exploit any weakness in it to kill monk parakeets.
It’s very important for all concerned to contact their State Senator and State Representative to express that we want these birds fully protected by law. You can find contact information here:
http://www.cga.ct.gov/maps/townlist.asp
Also contact State Rep. Richard Roy, Co-Chair of the Environment Committee, who previously expressed a sincere desire to help. You can find his contact information here:
http://www.housedems.ct.gov/Roy/index.asp
The next legislative session begins in December, and we need your voices to be heard with plenty of time to get a bill passed by the House and Senate.
For those who can support FoA’s efforts, please also sign up on our website through the link “Advocacy Alert.” You will be notified of any rallies, letter- writing campaigns, or actions regarding this issue. Contributions can be earmarked for the monk parakeet project.
Thanks to all of those who stand with us as we move forward to secure freedom and protection for these birds.