Mr. Murray opened a laptop and placed it on the judge’s desk. Theo and Mr. Kerr got up and walked closer. The images were remarkably clear. An otter, presumably Otto, came into view, seemed to stop and look around, then eased into the pond and went underwater. Seconds later he emerged with a fat koi in his mouth. He climbed out of the water garden and began chomping on the poor fish. He ripped and clawed and every few seconds looked around, as if he knew he was doing something wrong. When he was finished with the first one, he dived back in, snagged another, and continued with his dinner.
“Makes me sick every time I see it,” Mr. Murray mumbled.
Theo had never lost a case in Animal Court, but as he watched Otto enthusiastically destroying the Murrays’ school of koi, he had a feeling that this case might not end on a good note.
After Otto had gorged himself on three of the koi, he was full. He slinked away, moving much slower, and the video turned to black.
“Anything else, Mr. Murray?” Judge Yeck asked.
“Well, I guess not. I think it’s only fair that Mr. Kerr pay me for the damages. Those fish cost about forty dollars each, and I’ve lost eighteen of them. More important, I want it stopped. It’s his otter, and he should be required to keep the little monster away from my property. That’s all I can think of, Judge.”
“Any questions, Theo?”
“Sure, Your Honor.” Theo looked at Mr. Murray and asked, “Where did you get the koi?”
“The Internet. There’s an outfit in Miami that sells them. I think they come from Japan. You can buy them in most pet shops, but I get the high-end koi from a specialist who imports them.”
“Out where you live do you ever see any raccoons or groundhogs?”
“Oh sure.”
“How about cats, foxes, or herons?”
“I guess, from time to time, we see most everything. We’re in the city limits, but it’s kind of rural out there.”
“Would you agree that these predators can also empty a goldfish pond?”
“You just saw the video, son. That wasn’t a raccoon or a fox. I know the difference.”
“Thank you. That’s all I have, Judge.”
“Call your first witness.”
“Mr. John Kerr.”
“Okay, Mr. Kerr, keep your seat and raise your right hand. Do you swear to tell the truth?”
“I do.”
“Continue, Theo.”
Theo held a yellow legal pad, just like a real lawyer. He’d managed to scribble some notes, handwriting he could barely read. “Now, Mr. Kerr, tell us about Otto.”
Mr. Kerr looked around nervously and thought for a second. “Well, we’ve had otters before, along with beavers, raccoons, skunks, foxes, cats, possums, you name it. We have two acres and two ponds and a lot thick woods, so just about everything shows up sooner or later. This one little guy, the kids call him Otto, started hanging around a couple of years ago, and he’s very friendly, not afraid of humans like most wild animals. We feed him and take care of him. I even took him to the vet once when he got sick. But I wouldn’t call him a pet. He’s never stayed in the house or garage. He won’t come when you call him, and he certainly is not house trained. Point is, I can’t control what he does. He’s a wild animal, and if he wants to raid someone’s pond I can’t stop him. I don’t control his life.”
“And that’s him in the video?”
“Sure looks like him, but then most otters look the same, I guess. I don’t know. I don’t spend much time thinking about otters.”
“Do you have a dog?”
“Sure, got two of them.”
“And do you have permits for them?”
“Yes, the city requires it.”
“Do you have a cat?”
“Yes.”
“Do you have a permit for the cat?”
“Yes, as required.”
“Do you have a permit for Otto?”
“Of course not. He’s a wild animal. You can’t get a permit for a wild animal, right, Judge?”
Judge Yeck replied, “That’s correct.”
Theo said, “No further questions, Your Honor, and Mr. Kerr is our only witness.”
“Very well. Mr. Murray, do you have any questions for Mr. Kerr?”
“No, sir. He admitted it was his otter. That’s all that matters.”
“Anything else, Mr. Murray?”
“Can’t think of anything, no, sir.”
“Theo?”
“Yes, sir.” Theo stood with his legal pad.
“You can keep your seat, Theo.”
“I know, Your Honor, but I need to stretch my legs.” In truth, Theo preferred to stand and perhaps pace a little, just like the great trial lawyers he’d watched over the years. In real court, the lawyers always stood when addressing the judge or the jury, or when they were questioning witnesses.
Judge Yeck nodded and smiled. Theo began: “Judge, it looks like we’re dealing with the laws of the jungle here. What if a raccoon lived in a tree on the Kerr property, and one day discovered these beautiful fish in Mr. Murray’s water garden? You can’t blame the raccoon for doing what he’s supposed to do—find food. And you can’t blame Mr. Kerr for something the raccoon does. Same for foxes, cats, blue herons, beavers—the woods are full of predators. Same for otters. They’ve lived around here forever, I suppose. This is their natural habitat. They have the right to come and go as they please and eat whatever they can find. These koi, on the other hand, are not native to this area. They come all the way from Japan. Who belongs here? I guess all the animals do, but in nature some animals prey on others. We can’t change that. They have to eat, don’t they? What’s Mr. Kerr supposed to do? Catch the otter and keep him in a cage? That’s not natural. Otto would probably die.”
“Let’s hope so,” Mr. Murray interrupted.
“Hang on,” Judge Yeck said, frowning at Mr. Murray.
Theo kept going: “My point is, Your Honor, Otto is not a domestic pet. He sleeps in the wild, roams at night, and eats whatever he can find. My client has no control over what this animal does. And, Your Honor, I don’t have to remind the court that it’s not against the law for otters to eat fish wherever they can find them.”
Theo sat down and Judge Yeck said, “Good point, Theo, but I’m really bothered by the video. The proof seems pretty clear.”
“Can I shoot him, Judge?” Mr. Murray blurted.
“Who? Otto or Theo?”
“That damned otter. Oh, sorry. That stinking otter.”
“No, you cannot. Discharging a firearm within the city limits is against the law.”
“Okay, then can I poison him?”
Judge Yeck thought for a second and said, “Yes, you can. The law says you cannot kill a dog, cat, horse, pig, lamb, goat, deer, bear, eagle, hawk, or an owl. It says nothing about otters.”
“Don’t forget beavers,” Theo added helpfully.
“Right, and for some reason, beavers.”
“Good,” Mr. Murray said smugly. “Then, if Mr. Kerr will not take care of the otter, I’ll get some poison and handle things myself.”
Judge Yeck looked at Mr. Kerr and asked, “Are you familiar with the Wildlife Center over in Waynesburg?”
“No, sir.”
“It’s a refuge for wild animals that have been caught or need to be restrained for some time. I’ve ordered several animals to be sent over there, and the folks do a good job. I suggest you take Otto there, let the staff keep him for a few weeks while they find a place to relocate him. Somewhere far away.”
“I guess we could do that,” Mr. Kerr said.
“What about my dead fish?” Mr. Murray asked. “That otter ate about twenty of them and they cost forty bucks each.”
Theo said, “Well, Your Honor, the proof shows that Otto ate only three of the fish. There’s no proof that he ate the others. Could’ve been a raccoon or a fox.”
“I doubt it,” Judge Yeck said. “On the video he looks like he knows exactly what he’s doing. I’ll reduce i
t a little, but I’m ordering your client to pay five hundred dollars in damages.”
“That sounds like a lot,” Mr. Kerr said.