Seized birds now wards of the court 
Friday, May 18, 2012 at 0:23
City Parrots in Primolius auricollis - Yellow-collared macaw, Rescue, Welfare

Yellow collared macaw. Photo: Wheezie3 MORAINE — Pet birds seized as part of a raid at an exotic bird rescue center will not be given back to their owners until the court decides the case.

According to humane officials, that's part of the consequences from the May 10 raid at Wings Over the Rainbow rescue center in Moraine, where an estimated 140 exotic birds were removed because of alleged poor living conditions and inadequate care of the animals.

One of the birds being held at an undisclosed location is a yellow collar macaw, a family pet of 15 years owned by Nancy Mohan.

Mohan, a professor at the University of Dayton's school of business, said she found out about the raid Thursday evening after returning from vacation. She tried unsuccessfully to retrieve her pet Friday morning.

"This bird was perfectly healthy when I left him," she said. "Why is he under vet care? Did the humane society injure him when they confiscated him from his cage during the raid? And why were the owners of the birds being boarded not notified?"

The birds taken in the raid are being held as "evidence in a criminal investigation" and it will be up to the courts to decide what happens to them, said Brian Weltge, president and CEO of the Humane Society of Greater Dayton.

"The birds are getting great care," Weltge said. "We're happy they're in a clean environment and getting the care they need."

Weltge said he could not discuss details about the condition of the birds prior to the court hearing. He said if the court decides that birds can return to their owners, he said the owners will have to present proof of ownership in order to reclaim their pets.

"My heart goes out to people whose bird may have been caught up by this," he said, "but it's important to know that we wouldn't have acted if we didn't think it was important for the birds."

The first of what may be several court hearings in the case is scheduled for Tuesday in Kettering Municipal Court. The hearing is being held following a motion filed by attorney Tara Dancing, who is representing the rescue center's founder, Deborah Shell.

Dancing could not be reached for comment. Details about the motion were not available Friday afternoon, but officials said it is aimed at determining the disposition of the animals involved.

Mohan said for several years she has boarded her macaw at the Wings rescue center whenever she goes out of town.

"Deborah (Shell) has my firm support," Mohan said. "But mostly, now, I want the Humane Society to release my pet to me.  Birds are incredibly intelligent and need human interaction ... It is too distressing to think of my bird, alone and scared."

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