Tennessee: Judge tells Barbara Myers her "emotional support" monkey is not covered by the ADA and it is not required to be allowed in the courtroom with her during her trial on charges for fraud and selling drugs

TENNESSEE -- A Celina woman has a monkey on her back with several drug charges — but a primate won’t be allowed in the courtroom for her trial.

Barbara Sue Myers, 67, of Donaldson Avenue in Celina, says her pet monkey is an emotional support animal.

Attorney Gordon Byars argued on behalf of his client, Barbara Myers, that the 17-year-old black handed spider monkey named Carlose should be able to sit in court because he helps Myers deal with the post traumatic stress disorder she allegedly suffers from.

"In the event she were to testify in her own defense we wanted her to have Carlose with her.  My client does carry this monkey around, Barbara does everywhere she goes," Byars said.

"In my experience with him he’s been very well behaved, no issues with him what so ever but he is a monkey so he’s not your typical service animal," he continued.

Criminal Court Judge Gary McKenzie this week, however, denied that motion.

“In all my time studying law in school and in my 17 years of practice, I never thought I would have to decide whether a monkey can come in a courtroom,” he said.

Byars argued in the motion that the presence of the monkey — a black-handed species named Carlose — would be critical for Myers during trial.

“Emotional support animals are ... necessary for the normal, day-to-day functioning of their emotionally or psychologically impaired handler, facilitating a normalizing effect by their presence,” Byars said.

He cited several federal laws protecting and allowing the use of emotional support animals. They can be present in aircraft cabins, for example, and landlords must accommodate them even when leases prohibit it, he said.

Byars showed proof that Carlose is a certified emotional support animal by the National Service Animal Registry.

There is no such registry required by the ADA. These companies simply sell documents that people use to take their animals wherever they want; places you and I can't take animals.

"Carlose the monkey, he makes her (Barbara) feel more comfortable and he helps abate that anxiety and reduce the need for her to take medication. He’s very friendly, his teeth have been removed he’s not a violent monkey," he added.

That sounds cruel -- why is this animal having its teeth yanked out? If it has to have its teeth yanked out because it's a danger with them, DON'T FORCE A WILD ANIMAL TO BE YOUR PET!

Judge McKenzie denied the motion because Carlose is an emotional support animal and not a service dog.

“The American Disability Act specifically excludes all other animals except dogs,” he said.

The judge is particularly familiar with that law because, when he was an assistant prosecutor, he was involved in writing directions allowing a service dog into a DeKalb County courtroom for a child rape trial. That was a precedent-setting case in the state.

It involved the 13th Judicial District’s Child Advocacy Center’s service dog, Murch, who is trained to be in court.

In spite of Carlose’s registry as an emotional support animal, there was no evidence that he has been specially trained to be in a courtroom setting.

WHY IS BARBARA MYERS FACING A TRIAL?

Two in Putnam Co. Charged With TennCare Fraud
TN Department of Finance & Administration
Thursday, September 10, 2015 | 1:21pm

NASHVILLE, Tenn. – Two people are charged with TennCare fraud in Putnam County in separate cases involving prescription drugs.

The Office of Inspector General (OIG), with the assistance of Cookeville Police, today announced the arrest of Mary Leitha Rodgers, 48, of Baxter and Barbara Sue Myers, 67, of Celina.

A Putnam County Grand Jury has charged Rodgers with TennCare fraud for using TennCare benefits to obtain the painkiller Oxycodone, and then selling a portion of the drug to an undercover informant. (A video clip from NewsChannel5 said she was also charged with meth)

Myers is also charged in Putnam County with two counts of TennCare fraud and four counts of sale and delivery of a Schedule II controlled substance. The charges are in connection with using TennCare benefits to obtain the painkillers Morphine and Oxycodone, later selling a portion of both drugs to an undercover informant.

“We mean to eliminate drug resale activity in the TennCare program,” Inspector General Manny Tyndall said.  “Selling prescription drugs to other people is illegal, and intolerable when public dollars are involved.”

TennCare fraud is a Class E felony carrying a sentence of up to two years in prison per charge.  Sale and delivery of a Schedule II controlled substance is a Class D felony punishable by up to four years in prison per charge.  District Attorney General Bryant C. Dunaway is prosecuting.

The OIG, which is separate from TennCare, began full operation in February 2005 and has investigated cases leading to more than $3 million being repaid to TennCare, with a total estimated cost avoidance of more than $163.6 million for TennCare, according to latest figures. To date, 2,445 people have been charged with TennCare fraud.

Through the OIG Cash for Tips Program established by the Legislature, Tennesseans can get cash rewards for TennCare fraud tips that lead to convictions.  Anyone can report suspected TennCare fraud by calling 1-800-433-3982 toll-free from anywhere in Tennessee, or go to http://www.tn.gov/finance/topic/fa-oig.

Black-Handed spider monkey (or Central American spider monkey)
On average, they weigh about 16 pounds (males are slightly larger than females).

The pet trade is a large factor in many primate species becoming endangered. However, primates do not make good pets for multiple reasons. They pose a risk to health and safety through disease transfer to humans and can cause serious injury by aggressive behavior or strength.

Primates are very social animals and need to live with other members of the same species to be emotionally and psychologically healthy.

Furthermore, the pet trade is contributing to populations becoming endangered and many are pulled from their mothers at a very early age to be raised by humans.

Not supporting primates as pets or primates in entertainment, people can help multiple species thrive. - Birmingham Zoo

(Herald Citizen - August 25, 2016)

Ohio: Vermilion spider monkey that bit auto body worker does not have rabies

OHIO -- Erie County Department of Health Officials confirmed Saturday afternoon, Brodi, the pet spider monkey euthanized for possible rabies, does not in fact have the disease.

The pet was taken from a home late Friday night according to its owner, Jacob Ruehlman, who then said the exotic animal was euthanized at around midnight.

Ruehlman said he was not made aware of this until later Saturday morning.

Staring at Brodi's empty cage, he said crying, "He was more like my best friend. He wore diapers and the only time he was in his cage was when I was at work.  When I was home he was with me all day, like, pretty much like a child and he meant the world ... and now I'll never get to see him ever again."

Ruehlman said the family even hired a lawyer trying to stop Brodi from being euthanized. Ruehlman, upset with county and state officials, said the euthanization of his pet was unfair.

Jacob A. Ruehlman, 20, of Vermilion, was holding the spider monkey, Brodi, in a car at the Pat O'Brien Chevrolet dealership on Liberty Avenue when according to police, an employee asked if he could pet it. When the employee reached out, the monkey bit his thumb, drawing blood.

The employee was treated at a hospital for the small bite. Vermilion Police confirmed with the spider monkey's veterinarian that it had received a rabies vaccination.

Police claimed that Ruehlman did not have a permit to own an exotic animal, and there are questions about who owns the animal. According to the Erie County Department of Health, representatives went to Ruehlman's home Wednesday night but he and the monkey were gone.

Ruehlman has documentation showing he applied for the proper permit but said he had not been issued one yet.  Still, Erie County Department of Health officials said there were other "numerous" violations found with regards to the care of the exotic animal.

Bob England, Director of Environmental Health with the Erie County Department of Health said over the phone, transportation of Brodi without the proper enclosure was one of the violations.

Ruehlman told NewsChannel5 Brodi was removed from the home of Diana Tanner, a friend he said also applied for co-ownership of Brodi.

The Ohio Department of Health found the monkey in Union County but did not take it at first.  They arrived late Friday night with a warrant.

Officials took Brodi to test the animal for rabies - which requires euthanizing it and removing its head to test its brain.

Ruehlman said, "We should've been given a chance to fight for his life because look at murders and rapists out there, they get 20+ years with that.  But an animal that barely bites someone on their finger and they kill the animal after taking it within four hours."

It's the bite, Erie County officials said, was the biggest problem.

Over the phone England told NewsChannel5, "The victim was adamant, they wanted to have this animal tested and that's our obligation.  The citizens of Erie County, the people who work in Erie County, if they are exposed to a monkey during a bite, and there's the chance of rabies transmission and they want to have the animal tested, that is their right and it's our obligation and our duty at the Erie County Health Department to make sure that, that is performed and that we-reassure the public that after an exposure like this, they have no risk for rabies."

"This is an unfortunate situation but it reinforces the fact that Ohio's dangerous wild animal regulations exist for the protection of the animals as much as for Ohioans.  When those rules are followed, outcomes like this can hopefully be avoided," said Serena Dresbach, Director of the Ohio Department of Agriculture.

Ruehlman and his twin brother, Michael, were arrested with two Gibbons that had been reported stolen from Nebraska in Lee County, Florida Sept. 19, court records indicate. Misdemeanor charges filed after their arrests are still pending in Lee County Common Pleas Court.
(Newsnet5 - Jan 16, 2014)