Snowball case will go to trial
January 25, 2008 by Abby Sewell
Clackamas County Circuit Court Judge Eve L. Miller ruled that Jim Filipetti and Francesca Mantei can go ahead with a $60,000 lawsuit against the Oregon Department of Fish and Wildlife for defamation of character, in a case that began when the ODFW confiscated a deformed piebald doe named Snowball from Filipetti’s Molalla home on Sept. 12, 2007.
The family won’t be able to go forward with a second portion of the suit, in which they asked for $800 a day for every day since the ODFW took Snowball away, and $10,000 for a second deer, Snowball’s son Bucky, that the ODFW also took and released into the wild.
The family, who said that they found Snowball on the side of the road as a fawn six years ago, did not have a license to keep the deer. But Filipetti and Mantei’s claim is that since no charges were ever pressed against them for illegally holding wildlife, the ODFW defamed the couple by making statements that they “illegally held” the deer, “violated the law,” “committed a crime,” and “acted unlawfully.”
“All of those things are false, because you’re presumed innocent until proven guilty,” Filipetti’s attorney Geordie Duckler said.
After a series of filings and counter-filings beginning on Nov. 20, when Filipetti’s attorney Geordie Duckler first filed the civil suit against the ODFW, Judge Miller issued a formal decision on Jan. 17, denying the ODFW’s attempt to have the defamation claim dismissed.
She dismissed the second part of the claim, which would have awarded Filipetti damages for being deprived of the deer.
In the meantime, the ODFW is still appealing Judge Miller’s decision from October that said the agency should return the deer to Filipetti.
A jury trial on the defamation suit will take place in the spring, but a date has not been set.
The parties are scheduled to appear in the Clackamas County court on Feb. 5 to argue another piece of the case. The ODFW issued an order on Oct. 10, 2007, saying that Snowball would be placed at the Rosse Posse Acres elk farm in Molalla. Duckler is contesting that decision.
While the legal battle continues, Snowball is still living at the same ODFW wildlife facility, at an undisclosed location, where she has been since the beginning of the case.
“She’s still there, and she’s doing fine,” ODFW spokesperson Michelle Dennehy said.
— Abby Sewell
So if I understand this right, they are suing since ODF never pressed charges? How would they feel if ODF charged them for a violation for everyday they had the deer in their posession for the past six years. So does the $60,000 dollars ease their pain or insted does it just reward them for braking the law? Regardless if you feel sorry for this dear you should respect the law. Lets not forget this isn’t the only deer they had in their posession. What was the excuse for keeping bucky? If they win, we might all think about trapping wildlife and putting it our property. It would be cool right? We could have a deer, a bob cat, maybe a cougar. Sounds like fun to me!
Jim Filipetti and Francesca Mantei you have gone to far. Now I see, it’s all about the money. Is $60,000 going to bring back your character? no
You did take a wild deer out of the wild. I did think much less of the person that turned you in, not you. But maybe they weren’t so bad?
Please remember that “ODF” is the State of Oregon Dept. of Forestry. You mean to refer to “ODFW” or the State of Oregon Dept. of Fish & Wildlife. One is trees, one is animals.
A Judge ruled last year that the deer should be returned to Filipetti pending a hearing on whether or not he had in fact broken the law. The ODFW chose to simply ignore the ruling. If Filipetti cannot rely on the legal system because the ODFW that is accusing him of breaking the law evidently feels that the ODFW does not have to abide by the law. Interesting, no? So what choice does Filipetti have, other than to go for the only thing that might get people’s attention: money. I don’t believe it ever has been about the money for him. After all, he was the one who picked up an injured animal and spent thousands getting it the care it needed, when the ODFW would, no doubt, have wasted no time in putting it to sleep.
Ah….but Only if we the people stand as one can such injustice be undone.
Filipetti needs to also have this case tried in the court of much greater public opinon - snowball should be written into the storyline of a TV show….say in the new TV series of Eli Stone, attorney who takes such cases….. THAT would do it and all America would get the story up close and personal - especially when they found out it’s true !!!and before it gets shoved further under the Oregonian rug of shame…. put it in the direct spotlight of the entertainment world… Yes…THAT would do it….and I’m serious; Please contact the directors.