Emotional Custody Battle Gets Hairy

Landmark Custody Ruling Involves The Legal Rights Of Two Chimps In Oregon

(CBS)  It's not hard to see why people would fight over chimps - especially Jackson and Emma, who've stolen hearts and broken hearts at two sanctuaries.

"We love them unconditionally, and they teach me things every day," Paula Muellner, executive director of Chimps Inc., told CBS News correspondent Richard Schlesinger.

Muellner runs one of those sanctuaries in Bend Oregon. She took custody of the chimps from a refuge in San Antonio, after Texas authorities charged the animals were neglected, living in overcrowded bug infested cages. And now she's fighting to keep them.

"They're like children. And to see them in such a deprived and neglectful situation, it's heartbreaking," Muellner said.

Lawyers are looking at cases like this to determine not just who's right and who's wrong, but who has rights. Specifically whether animals like Emma and Jackson or dogs and cats have rights - legal rights that courts should protect.

Legal rights for animals? It's not such a radical idea anymore. The nation's top law schools like Columbia, Harvard and Yale are actively discussing ways to expand animal rights.

Paul Waldau teaches at Yale.

"Do you think, in our lifetime, we'll see animals get rights that are protected in courts?" Schlesinger asked.

"Yes. Whether or not it's a particularly immediate breakthrough, if it takes another decade, the point is, it's clearly coming," Waldau said.

But the law has not yet caught up with the emotions in Emma and Jackson's case.

Since that rescue last spring, the Texas facility has had a change in management, the state's charges have been dropped, and Stephen Tello is the new man in charge. He denies the animals were mistreated and is building a shiny new home for Emma and Jackson. He says that's proof he's ready to take them back and deserves to.

"It's time for Emma and Jackson to come home. This is their family. We are their natural home," Tello said.

The chimps' fate is in the hands a federal judge. One day the law may require judges to consider what animals want in cases like this but for now, the judge will likely have to decide this case based solely on property rights - who owns Emma and Jackson, not who cares most for them.

[threej2]

My name is James Johnson and I am glad to see stories about animals on national television especially since I wrote a book about how animals go to heaven when they die and how they have a soul just as man has a soul. I plan to write this teacher at Yale University (Paul Waldau) and send him a copy of this book if it would help his cause. Thanks Richard for covering this story.

[kkayn]

The story of Ella and Jackson breaks my heart, as do all animal abuse stories. At the very least, this one has a happy ending.
Why in the world would there be a custody battle? When the Texas facility was closed due to the negligence of simple and basic care, the chimps were in an abusive condition where they could have very well died. No animals, no lawsuit.
The kindness of the Oregon reserve saved their lives. Ella and Jackson appear to be safe and happy in the video and should stay put.
Cut and dried, even through the Texas facility has been sold and refurbished, there are plenty of abused animals to go around. Just put out the word and take your pick.

[starrzan]

Story of the Chimps, Jackson and Emma, by Richard Schlesinger. - The rights of animals becomes an issue. u Can we do what is in the best interest of the amimals nder the law, and not treat them as property? We haven''t solved that issue for children yet! The courts are not required to consider the best interest of children. It is recommended but not required. They are still property under the law, and the biological parent almost always has complete ownership. So, when the issue of children''s rights is solved, then maybe we can get to animals'' rights.

[ceeceechimp]

I work with chimps in a zoo. Chimps Inc is Emma and Jacksons home now. They are happy! If San Antonio is re-building their sanctuary and is under new management, great! To bad it took losing Emma and Jackson to make a change! There are plenty of chimps living in horrible places, save two other chimps that realy need saving. Please don''t waste time and passion fighting over happy chimps! Putting Emma and Jackson through another sedation, plane ride and the stress of getting to know new caregivers and a new home is too much! Fight for the un-lucky chimps languishing in labs! Check out www.chimps-inc.org.

[holiver2007]

Hello,
Concerning the current case between Primarily Primates and Chimps Inc., it is my understanding that Chimps Inc. signed a contract promising that they would return Emma and Jackson to Primarily Primates should the case be dropped by the Texas Attorney General''s office. After months of investigation, the case was indeed dropped, and now it''s time for Chimps Inc. to honor their contract and return Emma and Jackson to their home at Primarily Primates. This could be an expensive and lengthy trial and the money wasted on it would be better used for the animals at both Chimps Inc. and Primarily Primates.

[kbisson64]

It makes me feel good to know that there are places like the facility in Oregon out there. The Texas facility was totally unfit for the care of these animals, as so they were moved to a better facility. This is the only thing that matters! Kudos to the prople at Chimps Inc. for there unconditional care and respect, and for looking out for the those who cannot help themselves! Check out the website: www.chimps-inc.org

[holiver2007]

I am a Texas resident who has visited Primarily Primates on many occasions over the last several years.

I first met Emma when she was a baby chimpanzee who was bottle fed by the care staff. As she got older, she was introduced to another young chimpanzee named Jackson and both lived together in a indoor/outdoor nursery until they would be old enough to join a larger group of chimpanzees.

See them in their nursery: www.primarilyprimates.org.
In "Video" section.

I last saw Emma and Jackson at Primarily Primates, one week before the sanctuary was taken over by the Texas Attorney General''s office. At that time, the two of them were eating bananas, opening treat tubes, playing and swinging in the sun and looked quite happy and healthy. They were also soon to be introduced to a larger group of chimpanzees, but then the sanctuary was taken over.

After months of investigation the case was dropped, and today among many other improvements there is a quite impressive new enclosure where Emma and Jackson will live, once they are returned to the Primarily Primates. This large grass bottomed enclosure with it''s many toys and climbing structures as well as the sanctuary care staff''s plans for additional hammocks and enrichment, tells me that Primarily Primates is a place where Emma and Jackson are loved and considered part of the family. Please return them to their home.

[holiver2007]

There have been many accusations made about the care of Emma and Jackson at Primarily Primates which are in fact, inaccurate and false. Compelling descriptions of their neglect, abuse and living conditions that were so horrible that they may have died there, are ridiculous. In reality they were the most doted after chimpanzees at the sanctuary.

How do I know this? I am a Texas resident who has visited Primarily Primates on many occasions over the last several years. (read my other comments below)

[pauline930]

I have witnessed the family at Chimps, Inc firsthand. Emma and Jackson have assimilated beautifully into that family. I think it would be a selfish disservice for Primarily Primates to insist on their return and if they truly care about the chimps wellbeing, they would have them remain with their family at Chimps, Inc. and not traumatize them just to "win" a lawsuit.

[bibiel]

dougandslug posted:

%u201C%u2026 You thought this right wing lunacy is the right wing lunatics fault? Its not. Its the left wing lunatics fault. You bait.. monsters.. talking about such stupid things. ... You will never believe how foolish you were.%u201D

Prove by rational argument that these are stupid things.

Charles Darwin4s theory of natural selection proved that human beings evolve according to the same evolutionary dynamics as non-human animals. Darwin showed that the difference between non-human and human animals is one of degree, not of kind. Through evolutionary theory, genetics, and neurophysiology, scientists are providing evidence that non-human animals feel and think in ways similar to ours, and that they are capable of experiencing not only simple emotions such as fear, but far more subtle and complex emotions such as love, grief, joy, pride, shame and loneliness.

Any line placed between humans and all other animals is an arbitrary line, which only symbolizes human prejudice and allows exploitation of the other animals. Discrimination based on species is no different than discrimination based on gender, physical or mental disability, race, sexual orientation, or any such inborn and irrelevant characteristics. All sentient individuals should be entitled to a basic right not to be used as a means to an end. All sentient individuals should be treated as persons not as property.

Barbara I. Biel

[montaguevt]

The story on Emma and Jackson was truly touching. The sanctuary in Oregon did an amazing thing when they rescued the two chimps from the filthy and abused situation they were trapped in at the "sanctuary" in Texas. Emma and Jackson looked like they were totally happy at Chimps Inc. and there should be no battle over custody. If Emma and Jackson were housed properly the first time in Texas why would Primarily Primates need to build them a brand new housing complex? Also, if there is new management at Primarily Primates how would Emma and Jackson be coming back to their %u201Cnatural home?%u201D As a novice on animal behavior, it looked as if Emma and Jackson were in a very good family in Oregon. PLEASE let Emma and Jackson stay in Oregon. You can learn more about their case and Chimps Inc.%u2019s cause at www.chimps-inc.org.

[solar71]

An increasingly important mark of an enlightened society is how we treat our animals.

Chimpanzees are evolutionarily very close to humans and a recent BBC radio piece discussed that chimps have a better short term memory than humans.

The chimps at Chimps Inc. have experienced enough hardship at the Texas facility. They have been through enough. Let them stay amongst their new family in Bend, Oregon and not go through additional punishments of travel and relocation. Let''s be humane.

I have personally seen the high quality of the Chimps, Inc. facility here in Bend, Oregon. The chimps are in excellent hands.

Finally, I do hope the courts continue to codify that animals have rights by ruling in favor of Chimps, Inc.

For more information their website is chimps-inc.org.

Paul Israel, Bend, Oregon.

[yadirah-2009]

Emma and Jackson are part of a family and live very happy at Chimps Inc. Primarily Primates needs to focus on the sanctuary''s improvement, the well being of the animals they already have under their care and protect them from ever being neglected again.

If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.

Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org

Brenda Hernandez

[yadirah-2009]

Emma and Jackson are part of a family and live very happy at Chimps Inc. Primarily Primates needs to focus on the sanctuary''s improvement, the well being of the animals they already have under their care and protect them from ever being neglected again.

If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.

Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org

Brenda Hernandez

[yadirah-2009]

Emma and Jackson are part of a family and live very happy at Chimps Inc. Primarily Primates needs to focus on the sanctuary''s improvement, the well being of the animals they already have under their care and protect them from ever being neglected again.

If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.

Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org

Brenda Hernandez

[yadirah-2009]

Emma and Jackson are part of a family and live very happy at Chimps Inc. Primarily Primates needs to focus on the sanctuary''s improvement, the well being of the animals they already have under their care and protect them from ever being neglected again.

If PPI really cares about animals then WHY spend so much money in a legal battle. This is ABSURD, please drop the case and use that money to rescue other chimps in need. Emma & Jackson are very happy and DO NOT DESERVE to go through all the stress of yet another transfer and also the pain of loosing their chimp family.

Kudos to Chimps, Inc for all their efforts to provide a loving, safe & meaningful life for all the animals they protect. For more information logon to www.chimps-inc.org

Brenda Hernandez

[dfdawgs]

Yuk, one thing I hate to see is denial. This is a turf war with Emma and Jackson the turf. The Texas santuary Emma and Jackson came from acts like the victim. The state of Texas gave them plenty of warning to clean up their act. The conditions there were deplorable. The reason the sanctuary is getting another chance is because the putz who had it before is supposed to have nothing to do with it. This is not true. He is still involved.

[chimpfriend]

In response to the person who knew Emma and Jackson while at Primarily Primates.......although your story paints a pretty picture, both Emma and Jackson were neglected while at PPI. They should have been introduced to other chimpanzees way before the time that PPI was taken over. And where did Emma come from?? She was purchased by the sanctuary director and lived in his house (like a pet) and experienced times of disturbing negligence throughout her young life. Mr. Tello, the current director, also played a hand in keeping her as a little pet so I am sure that is why he wants her back. Their only family is at Chimps Inc, with the only chimpanzees that they have ever known, not a human family that has a selfish need to reclaim. PPI is wasting a disgusting amount of time and money trying to take these innocent animals out of a wonderful and caring situation. As a donor to chimpanzee sanctuaries worldwide, I am astonished that any money coming into PPI would be wasted on an effort to remove animals from a caring facility. There are so many chimpanzees in need and PPI still has over 60 to take care of. Wouldn''t that money be best spent making their lives better?

[danielr85]

I think it is AMAZING for Emma and Jackson to be able to interact with other primates at the chimps inc sanctuary. To be together and to be able to socialize with others of their own kind is somthing they both need in their lives. It is so much more realistic, simple and rational to leave the chimps where they can interact and grow in a sanctuary where they can receive the enrichment that is so crucial to their developement, while also being in an enviornment that can provide them the care and nurturing that they deserve.

Daniel R. Sumner

[kmlamendola]

After I watched the CBS segment on the news I visited the Chimps Inc. website www.chimpsinc.org. Chimps Inc. is an abssolutely amazing looking sanctuary. I can''t imagine how damaging it would be to take the chimps away from the chimpanzee famiky that they are united with right now. I think it is great that the other sanctuary is renovating all of their cages for all the other animals but I think it would be in the best interest for Emma and Jackson to remain where they are now. The pictures they showed of Primarily Primates before Emma and Jackson''s rescue were horrifying. I do hope that animals receive more rights than what they have. Good job Chimps Inc. My hopes go out to you. Karen Dzierzanowski

[neofelis1]

Given the intellectual and emotional capacity of chimpanzees, it is important that these two stay where they are. No need to disrupt their pyschological well-being and existing relationships just to transport them back to TX. Chimps Inc. definitely has the capacity to continue caring for these animals. Also, with a little research on my part, I was able to determine that Chimps Inc. has even greater space at their facility than Primarily Primates, and a higher staff-animal ratio. The chimps should stay put!

[neofelis1]

Given the intellectual and emotional capacity of chimpanzees, it is important that these two stay where they are. No need to disrupt their pyschological well-being and existing relationships just to transport them back to TX. Chimps Inc. definitely has the capacity to continue caring for these animals. Also, with a little research on my part, I was able to determine that Chimps Inc. has even greater space at their facility than Primarily Primates, and a higher staff-animal ratio. The chimps should stay put!

[amme3]

PPI should by now, realize that they had the chance but screwed up when they neglected giving the care to these two precious little chimps (not to mentioned all the other animals at their facility) Emma and Jackson that is so essential to any animal or child. They are now receiving the care that should have been provided to them from the start of their young lives. At Chimpc, Inc. they have a very close-knit chimp family that they have bonded with and who are teaching them chimp policies, a wonderful sanctuary with indoor and outdoor facilities including a big new indoor playhouse. They are provided with lots of enrichments, healty foods, a loving staff and many dedicated volunteers to care for them. These animals are wild and should not be treated or owned as pets. Who in their right mind would agree to return them to Texas which would be as traumatic as returning a child to an unstable family where they would not receive the wonderful care and nurturing they have gotten used to and so richly deserve? Please, PPI, use the money you are spending on legal bills to upgrade every enclosure at your facility for all the animals you still have in your care, and let Emma and Jackson and the other lucky animals that were adopted out live a happy and safe live where they now are.
Thank you CBS for airing Emma and Jackson''s story on your news program. Please help us keep positive thoughts and prayers for their future.
Karen Tepner