The case stems from the May 11 raid of WOTR’s Moraine facility by the Greater Dayton Humane Society and the Humane Society of the United States.
Court records show that 137 parrots and other large exotic birds, as well as bird cages, computers and business records, were seized in the raid.
Humane officials said the raid was ordered following an investigation into the Wings facility, which showed the birds were suffering ill effects from living in unhealthy conditions.
Today Judge Robert Moore is expected to consider whether GDHS gets ownership of the birds, which have been kept at a secret facility since the raid.
Moore had previously set bond at $35,000 to release the birds and ordered that if WOTR was unable to pay the full bond amount by July 5, the birds would go to the humane society. That deadline was missed.
Sher Patrick, WOTR board member, said they were only able to raise $2,500, far short of the full bond amount, and they are anxious to see what the judge decides.
“Once the humane society receives ownership, we’ll never see (the birds) again,” said Patrick, who like other WOTR supporters believes Shell is innocent. “She would never in a million years hurt a bird.”
At issue is whether the court can end Shell’s property rights to the birds before the criminal case is decided.
Shell’s attorney Tara Dancing filed a memorandum of law that argues constitutional law does not allow a person’s property rights to be severed without a hearing.
Further, Dancing argues the birds are evidence in the criminal case and if they are given away, that would violate Shell’s constitutional right to due process.
Brian Weltge, GDHS executive director and CEO, said his group’s primary concern is the welfare of the birds.
“If we get custody, like any other animal we try to place, we’ll go through screenings and try to make the best placement for the animal,” Weltge said. “We’ll continue to care for the birds. We felt we acted in (their) best interest.”
Contact this reporter at (937) 225-6985 or richard.wilson@coxinc.com.
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