Everett judge refuses to allow prosecution in scalded monkey case

EVERETT — An Everett District Court judge this morning ruled against an animal-rights advocate who sought to file a citizen's complaint against three former employees of an Everett animal-testing lab who allegedly sent a monkey through a cage washer, scalding the animal to death.

Judge Roger Fisher said a jury likely couldn't reach a guilty verdict in the case if it were to go to trial. Fisher refused to overrule Snohomish County prosecutors and the Everett city attorney's office, which didn't find sufficient evidence to file charges in the case.

Using a rarely used law, Susan Michaels, co-founder of Pasado's Safe Haven, had petitioned the court to bring a citizens' criminal prosecution of three former employees at SNBL USA. She was concerned that no charges had been filed nearly a year after the cynomolgus macaque monkey died.

Michaels' attorney, Adam Karp, said employees at the lab failed to remove the monkey before the animal's cage was sent through a washer with scalding hot water.

Officials with the lab have said the animal's death was an accident.

After this morning's hearing, Karp said the person cleaning the cages was either "intoxicated, drunk or utterly reckless."

"We have animal cruelty laws for a reason," he said.

Earlier this month, Everett police have said the case had not been forwarded to prosecutor's because the investigation was continuing.

According to the company's Web site, SNBL USA is a preclinical contract research organization that specializes in primate and small-animal research.

Karp, of Bellingham, is a well-known animal-law attorney. He teaches animal law at Seattle University and the University of Washington and founded the animal-law section with the Washington State Bar Association.

Karp has twice before filed citizen's complaints in animal cases in Spokane and the Tri-Cities.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com