 |
Notable Cases
The Elephant Trial
On a warm August afternoon in San Jose, the Ringling Brothers and Barnum & Bailey Circus was performing at the HP Pavilion, and Mark Gebel was leading the show. When Gebel, a renowned animal trainer and the son of the legendary Gunter Gebel Williams, finished his elephant act, an animal rights activist accused him of injuring Asia, the lead elephant. According to the activist, Gebel had struck Asia with an ankus behind her left front leg. Gebel denied the claim, and there was no evidence of injury.
For several years, McManis Faulkner had
represented Feld Entertainment, the circus producer, in making
sure that its San Jose appearances went smoothly. Feld
had been the target of protests by so-called animal rights
advocates, and their activity seemed especially focused on
circus performances at the HP Pavilion. MF partner Marwa
Elzankaly had worked with arena officials and various regulatory
bodies to be sure requirements were met and her client was
able to present its popular show without hindrance.
On that Saturday afternoon, Elzankaly was on duty at the arena in case the circus needed legal help. After inspecting the elephant in question and finding no sign of injury, Elzankaly called Jim McManis, who drove to the arena, inspected Asia himself, and spoke to the Humane Society officer who took the complaint. Pointing to the absence of injury, McManis suggested that the officer summon a veterinarian of her choosing to examine the animal. The officer refused.
The District Attorney for the County of Santa Clara charged Gebel with an alleged violation of Penal Code section 596.5, elephant abuse. During the trial that followed, the San Jose sergeant in charge of police at the arena admitted on cross-examination that she had attended an animal rights conference in Washington, D. C. at taxpayer expense and taken courses with such titles as “Shutting Down the Circus” and “The Litigation Option.” She further conceded that she had been present while off duty at an event protesting the circus in Oakland the week before Gebel’s arrest. For her part, the Humane Society officer conceded on cross-examination that McManis had suggested she have her vet examine the elephant. When asked by the Deputy District Attorney on redirect why she had not agreed to this proposal, the officer testified, “Because I didn’t think it would help my case.”
After the prosecution completed its case, McManis rested for Gebel without putting on a defense. In closing argument, McManis argued that the District Attorney had not proven anything and that there was no need to present a defense. The jury agreed, returning a verdict of “Not Guilty” after about an hour of deliberations. (One of the jurors later told a reporter that the jury had taken a poll immediately upon entering the jury room and that the vote was 12 to 0 for not guilty. Instead of returning to the courtroom with its decision however, the jurors decided to talk about the case for awhile, thinking that a 5-minute verdict might be challenged.)
The trial was covered by local, national and international press, and during noon and evening recesses, press conferences were held on the courthouse steps. The final press conference occurred following the verdict, on a cold December afternoon. Flanked by Gebel and his mother and Kenneth Feld, Feld Entertainment CEO, McManis said, “I am happy to report that this case ended on the shortest day of the year with the shortest verdict on record. Nothing could be more fitting.” When asked by reporters for her reaction to the trial’s outcome, the head of the Silicon Valley Humane Society said, “The jury just didn’t get it.” To which McManis replied, “Oh, the jury got it alright, and I think we all know who didn’t, and—regrettably—still doesn’t.”
Print
|
