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Subject:
From:
"F. Scott Giarrocco" <[log in to unmask]>
Date:
Fri, 9 May 1997 01:27:24 -0400
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Since this weekend I, like many others around the world now, have been made
aware of the plight of Kodo in MI.  Some of the postings and e-mails are
very factual and as unbiased as they can be considering the circumstances.
Others, seemed to be filled with personal judgements as to the motives of
the judge and some other principals.  I think these observations are a
little off base.  Think back to a year ago during a similar incident in New
Jersey.  NO stay was granted for any reason by the judge there.  This time
out, Kodo was scheduled to be destroyed on Monday, then a deadline of
Wednesday was set and here we are on Friday already.  In case it has escaped
anyone out there, it appears that this judge is searching for a way to let
Kodo go that can be justified in ink.  Yesterday this appeared here in the
FML:
>Ferrets here in Colorado are treated just as cats and dogs and held for a 10
>day quarentine period in a bite case.  The ferret not only is quarentined
>but can be keep at the persons home as long as the ferret is keep seperate
>from other animals and handle by only the owner.  >>
 
Perhaps the Colorado law could help the judge in Michigan.  If the folks in
Colorado and EVERY state where there is presently a quarantine law in effect
would fax a copy of the pertinent law to the judge it could help him in his
decision.  It might even carry more weight if a fax from the state attorneys
general or health officials were included.  Please remember, many judges
prefer to rely on black letter law rather than set precedents themselves --
examples of how other states have created their own black letter law may
assist this judge render the decision we would like to see.  Regardless of
what anyone wants to think, I do not think this judge is eager to destroy
Kodo.  If he were, no delays would have been granted.  Again, remember the
New Jersey case.  Not all judges are a Solomon or even an Oliver Wendell
Holmes and secure in the knowledge that they have the innate wisdom to do
what is right in every case.  Some need the security of black letter law to
let their heads know that the decision in their hearts is indeed justice.
 
As an aside, when discussing this situation with a friend, we noticed that
depending on how one counts 7 or 8 days have now passed since the incident.
In other words, almost the entire quarantine time has passed and still Kodo
shows no signs of being diseased.  Perhaps, this should be pointed out to
the judge and health officials.
 
Scott
[Posted in FML issue 1928]

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