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http://www2.tbo.com/content/2010/jan/22/221449/chimp-heads-court-custody-fight/news-breaking/
(with photo)

Courtroom monkey business: Judge denies DNA test in custody case

By JACKIE BARRON

Published: January 22, 2010

Updated: 02:49 pm

SARASOTA - A baby chimpanzee at the center of a custody dispute will
not undergo a DNA test to determine its parentage, a judge ruled today
after a two-hour hearing.

Attorneys for Michael Casey, the man who said he believes Eli the
chimpanzee belongs to him, walked out of court and told reporters that
the case is far from over.

Meanwhile, the 11-month-old primate reached out for its owner, Gini
Valbuena, as she left the courthouse. Eli, wearing a diaper and draped
in a blanket with cheetah spots, was not allowed in the courtroom.

During the hearing, Casey said that Eli was born at a primate refuge
he owned for 20 years in Festus, Mo., until a divorce from his wife,
Connie, divvied up the couple's holdings. Michael Casey said the chimp
was taken from his property against a court order.

Casey told Judge Charlie Roberts that Eli looks like some of the
chimpanzees he used to raise.

"My belief is the blood is the answer," Casey told the court.

Valbuena said that she was raising Eli for a pair of trainers in
California after Eli's mother rejected the chimp at birth.

Casey's attorney, Jason Wandner, asked Roberts to order Valbuena to
make Eli available for a DNA test. Valbuena's attorney, Richard
Buckle, said he couldn't find any history of DNA testing on apes or
any history of ape custody cases.

Buckle argued Casey had no proof his ex-wife owned or sold Eli. It all
boils down to money, Buckle said, because Eli is worth between $50,000
and $65,000.

Casey said he wasn't trying to find out Eli's paternity for quick cash.

"It's not so much monetary interest," Casey said. "I don't intend to
sell Eli. I want to have Eli. There were 28 chimpanzees at issue
during the divorce. I received three and I believe Eli is mine."

After he denied the DNA test, the judge told Casey that he and his
attorney can raise the issue again if they get more information on Eli
and expert testimony on ape DNA.

Reporter Ray Reyes contributed to this report.