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Thursday, October 25, 2007

Snowball's Going Home

Judge Eve Miller today ruled that Snowball (the deformed deer who was taken from a Molalla farm last month) must be returned. The ruling gives the Department of Fish and Wildlife three business days to respond . . . then the deer must be returned within 48 hours of that . . . Friday November 2nd for those of you without a calendar sitting in front of you).

ODFW is reportedly filing an emergency stay and we don't know at this point (1 PM on Thursday the 25th) how that might impact the timeline.

**Recap of the last 36 hours**

A month after Snowball was taken from the Filipetti Farm in Molalla, reps from the Department of Fish and Wildlife and the Filipetti's met in Judge Eve Miller's courtroom to discuss the doe's future. The courtroom was standing room only . . . while no one wore antlers (as had been the rumor) some did sport silver deer buttons . . .

The three hour hearing began with both sides debating over a piece of paper. The day Snowball was taken, a member of the Oregon State Police asked the Filipetti's to sign a release agreement. They hadn't signed off, BUT the family's attorney's argued that by presenting them with a release agreement, that insinuated ownership (that Snowball belonged to them). The state argued that the form was from OSP and NOT ODFW . . . because ODFW technically owns all wildlife, then it was not OSP's place to offer that form.

After an hour and a half discussion of fine print and semantics, the judge took the issue under advisement but did not say whether the evidence was conclusive either way.

Then, the hearing got VERY interesting.

Snowball was seized under a search warrant as part of a criminal investigation. No one has been charged (and as of now we're told there are no plans TO CHARGE in the case). If no one is charged, the law says all seized property must be returned.

Judge Miller and a rep from ODFW went back and forth for probably half an hour on this. The judge repeatedly asked "if they were doing something illegal, why weren't they prosecuted?" Her point being that, if the Filipetti's took Snowball illegally there are other venues to get her back . . . but this isn't it.

The judge took a night to sleep on the evidence and, at 10:30 Thursday morning, ordered the deer be returned to the Filipetti's. The state gets three business days to reply . . . then they have 48 hours to give the deer back (November 2nd is the deadline)

The ODFW is reportedly filing a STAY to block the decision. No word on how that'll impact the timeline.

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