Moe the chimp is behind bars at a wildlife sanctuary and his family is charged with keeping him illegally

January 8, 2000
Web posted at: 11:53 p.m. EST (0453 GMT)

From staff and wire reports

WEST COVINA, California (CNN) -- In a state that has earned a reputation for high-profile trials, the court case near Los Angeles of Moe the chimp has managed to cause considerable commotion.

The proceeding has polarized supporters and defenders of a West Covina couple battling to retain custody of the chimp, accused of biting the tip of a woman's finger off after mistaking it for candy.

La Donna and St. James Davis, accused of illegally keeping the chimp in their California home, went to court Friday for an arraignment hearing, but did not enter the building.

Instead the couple, who kept Moe in their home for more than 30 years, stayed outside with a group of supporters.

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CNN's Jennifer Auther reports on the trial of Moe, a chimp in West Covina, California, who ran afoul of the law. Real 28K 80K Windows Media 28K 80K

Their attorney Gloria Allred said she did not bring the Davises into court because prosecutors did not have a signed arrest warrant.

Inside, Allred addressed a complaint containing almost 40 misdemeanor charges against her clients -- including numerous counts of maintaining a wild animal without a permit.

The judge in the case dismissed the prosecution's first filing as too vague.

"Now they come back with 39 counts. So this appears to be punitive. This appears to be retaliatory," Allred said.

The judge directed prosecutors to file an affidavit for a warrant for the couple's arrest. The next hearing is set for February 22.

The Davises brought Moe home with them from East Africa more than 30 years ago after his mother was killed by poachers.

For 30 years, officials approved a permit for the couple to keep Moe, who learned to perform tasks like brushing his teeth and using utensils.

But the last permit expired two years ago and the chimp's legal troubles began. The chimp escaped while crewmen worked on his cage, the Davises said. Moe's conduct then landed them in court.

A police officer and animal control officer were maimed and a woman had a third of her finger bitten off, according to prosecutor Michael Capizzi.

"This is a wild animal. It's a dangerous animal, and it's a threat to the safety of the people of West Covina," he said.

As for the woman's' bitten finger, the Davises contend the chimp they consider a son mistook her false red nails for candy.

Moe's legal woes have spurred his neighbors to action. Since Moe was removed from the Davis home in September, they have launched a petition drive.

But Martine Collette, president and founder of the Wildlife Waystation, where Moe now resides, said the animal is wild and should not be returned.

"There isn't an individual who will not tell you, a professional in the field of chimps, that is going to tell you that chimps are safe to be around at that age; they're not. They're very dangerous."

Correspondent Jennifer Auther and The Associated Press contributed to this report.

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