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Steven M. Wise

Kiko

Kiko was a chimpanzee who was held in captivity in a cage in a storefront attached to the home of Carmen and Christie Presti in Niagara Falls, New York.

Originally “owned” by an exotic animal collector and trainer named Roger Figg, Kiko was at least partially deaf as a result of physical abuse he suffered on the set of the made-for-TV movie Tarzan in Manhattan. “[Kiko] bit an actor and was punished by having two trainers hold him while a third struck him on the head with a blunt instrument,” according to the Prestis.

The Prestis hold in captivity numerous other primates under the auspices of a tax-exempt non-profit corporation called The Primate Sanctuary, Inc., currently operated out of their home. For over a decade, they have cited their plans to build a larger facility in nearby Wilson, NY.

In photos, Kiko could be seen with a steel chain and padlock around his neck, which the Prestis appear to use as a leash.

The NhRP believes Kiko died in 2016 after spending years living in captivity. He experienced little freedom in life, but we know his story and court case will help ensure the future freedoms of other chimpanzees.

Steven M. Wise

The NhRP attorney who argued for Kiko’s freedom

Our founder and president appeared before numerous New York courts to demand recognition of Kiko’s legal personhood and right to liberty. Some of these courts were sympathetic; some were downright hostile. With his decades of experience, Steve was prepared for both.

Who's joined us in the fight

Scientific and legal support

Dr. Jane Goodall was among the many chimpanzee experts who submitted affidavits in support of Kiko’s right to liberty. Kiko and Tommy’s cases were also the first in which philosophers and legal scholars submitted supportive “friend of the court” briefs.

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Highlights from the fight

Legal firsts and obstacles overcome
12.3.13

Case filed

1.7.16

Jane Goodall submits affidavit in support

5.8.18

Fahey opinion

"This petiton asks the Court to issue a writ recognizing that Kiko is not a legal thing to be possessed ... but rather a cognitively complex autonomous legal person with the fundamental legal right not to be imprisoned."
NhRP petition
"Based on my research and expertise in this field, I support the NhRP's petition for a writ of habeas corpus on behalf of Kiko and the application of common law personhood to chimpanzees."
Dr. Jane Goodall
Primatologist
"There is no doubt that [a chimpanzee] is not merely a thing."
Eugene M. Fahey
New York Court of Appeals Judge

Media coverage

Recommended stories on the legal fight to free Kiko
washington post
“A judge just raised some deep questions about chimpanzees' legal rights”
wired
“Court Hears Second Case for a Chimpanzee's Legal Rights”
ny times
“When we think about the basis of our own personhood, we do not think about how we happen to be classified in a biology textbook.”

A timeline of Kiko’s case

Status: Closed

2016

The NhRP files a petition for a common law writ of habeas corpus in the New York Supreme Court, Orleans County, demanding recognition of Happy’s legal personhood and fundamental right to bodily liberty and her release to an elephant sanctuary. In a supplemental affidavit submitted with the petition, elephant expert Joyce Poole writes:
“Active more than 20 hours each day elephants move many miles across landscapes to locate resources to maintain their large bodies, to connect with friends and to search for mates. Elephants have evolved to move. Holding them captive and confined prevents them from engaging in normal, autonomous behavior and can result in the development of arthritis, osteoarthritis, osteomyelitis, boredom and stereotypical behavior. Held in isolation elephants become bored, depressed, aggressive, catatonic and fail to thrive. Human caregivers are no substitute for the numerous, complex social relationships and the rich gestural and vocal communication exchanges that occur between free-living elephants.”
Read and download our petition; our Memorandum of Law; and affidavits submitted by Lucy Bates (Honorary Research Fellow, School of Psychology & Neuroscience, University of St Andrews) and Richard W. Byrne (Research Professor, School of Psychology and Neuroscience, Center for Social Learning & Cognitive Evolution, University of St Andrews) [JOINT 1 and 2], Karen McComb (Professor of Animal Behaviour & Cognition, University of Sussex), Cynthia Moss (Program Director and Trustee, Amboseli Trust for Elephants), Joyce Poole (Co-founder and Co-director, ElephantVoices) [ORIGINAL + SUPPLEMENTAL], and Ed Stewart (President & Co-Founder, Performing Animal Welfare Society). Read our press release here.

10.9.18

The Wildlife Conservation Society (which manages the Bronx Zoo) files a Memorandum of Law in opposition to the Order to Show Cause. Bronx Zoo Director Jim Breheny files an accompanying affidavit.

10.11.18

The NhRP files a Motion to Strike in response to the Wildlife Conservation Society’s improper filing of its Memorandum, which seeks to prematurely litigate some of the issues the NhRP raises in our petition and Memorandum.

10.25.18

The NhRP files a motion with the New York Supreme Court, Orleans County, asking the Court to rule by Nov. 30th or immediately thereafter on our petition. As detailed in the Memorandum of Law that accompanies our Motion to Rule, “the NhRP respectfully submits that it is entitled [under New York law] to a prompt ruling by this Court on whether it will issue the Order to Show Cause so that Happy’s ongoing unlawful imprisonment may be addressed ‘without delay.’” Nov. 30 is the return date set by the court on the NhRP’s other pending motions. Read the Motion and Memorandum of Law here.

Amicus Support

The Center for Constitutional Rights was the first organization to submit an amicus brief in support of our nonhuman rights cases, urging the Court of Appeals to hear Kiko's case because it “agrees with the [NhRP] that [it] presents a novel question of significant importance, both in terms of the legal precedent it will set and as a matter of social justice and public policy.”
Read the brief

The clients we advocate for

Under animal welfare laws, there's nothing illegal about how our clients are forced to live. To be free, they need the right to liberty. Read their stories.

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