Charles River Labs Skirts Accountability
for Chimpanzee Deaths through Legal Maneuvers

Chimpanzees held in New Mexico’s federal research facilities have no meaningful legal protection. Photo: Marsha Larsen.

ALBUQUERQUE–The New Mexico Supreme Court remanded, or sent back, the case of STATE OF NEW MEXICO v. DR. RICK LEE AND CHARLES RIVER LABS, INC. to the New Mexico Court of Appeals, unanimously finding that the Writ of Certiorari was improperly granted by the Supreme Court itself. No decision will be issued by New Mexico’s highest court. This action came after oral arguments for the case were heard by the New Mexico Supreme Court earlier this month.

The case began in 2004 when Otero County District Attorney Scot Key filed criminal animal cruelty charges against Dr. Lee and Charles River Labs, alleging two chimpanzees in their custody, Rex and Ashley, died and a third, Topsy, nearly died after the gravely ill or injured chimpanzees were deliberately left in the care of untrained security guards.

"Charles River Labs' conduct was scandalous, but because of legal maneuvers they were able to circumvent the merits of this unprecedented case involving the deaths of two chimpanzees,” said Elisabeth Jennings, Executive Director of Animal Protection of New Mexico. “However, the court's action doesn't change the fact that Charles River Labs deliberately handed 'care' of critically ill chimpanzees to untrained security guards, that Rex died after choking on his own vomit and that Ashley died after bleeding and showing signs of shock."

Earlier this week, District Attorney Key pointed out that the New Mexico legislature never intended for criminal animal cruelty to be exempted within the practice of veterinary medicine.

“For the NIH and Charles River, the deliberate and repeated withdrawal of veterinary care actually constitutes the practice of veterinary medicine,” said Eric Kleiman, Research Director for the California-based In Defense of Animals.  “The chilling implications for animals in National Institutes of Health labs could not be clearer.  We applaud District Attorney Key for trying to correct the appalling lack of credible, independent oversight or accountability under which the NIH and Charles River operate.  We further vow that his efforts to enforce the law meant to prevent cruelty to animals–cruelty inflicted upon the chimpanzees Rex, Ashley and Topsy yet shamelessly defended for years by the NIH and Charles River–will not be in vain.”