Emotional Custody Battle Gets Hairy

(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.

[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

[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!

[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

[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

[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?

[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.

[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