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“All I can speak to is what I do,” Anderson replied. “I don’t know that I have — can make an assessment on that.”
“And I think you know what the answer is, and you probably don’t want to tell me,” Wittig said.
In their appeal, the Sellners claims they were denied a fair trial because Wittig based her decision upon her on-site observations and “not upon testimony heard in the courtroom. … There is little that can be done when the trier of fact refuses to keep an open mind until all the evidence is heard.”
The plaintiffs in the case argue that the trial-court transcripts show Judge Wittig “giving witnesses the opportunity to reconcile their factual testimony with other testimony and comments regarding the judicial site visit conducted on the first day of trial.” They say the Sellners have “failed to identify a single statement by the judge indicating she had actual prejudice against them stemming from an extrajudicial source.”
In ruling the zoo was a public nuisance, Wittig said her decision was based on findings that Cricket Hollow Zoo was “injurious to the health of the animals and potentially to the invitees due to the poor care and living conditions of the animals” and that it “unreasonably offensive to the senses in the inhumane manner of living of the animals.”
In a separate but related court matter, the Sellners stand accused of contempt of court for allegedly violating Wittig’s order requiring them to cooperate with rescue groups who were to take custody of the animals when the zoo closed.