Court waits to hear
plan for tigers’ move
Joan Byron-Marasek
expected to testify in
Superior Court this week
By kathy baratta
Staff Writer

oan Byron-Marasek is expected this week to finally offer a plan for the relocation of 24 tigers from her Jackson property.

Byron-Marasek, a former circus performer and big cat trainer, has kept tigers at her 12-acre compound on Route 537 near Allison Road since 1975.

She has been in and out of court fighting an order of removal for the tigers since November 2000, when the state Department of Environmental Protec-tion, Division of Fish and Wildlife ordered the tigers removed from the property. The action by the state to remove the tigers followed a 1999 incident in which a Bengal tiger was shot by police who found it roaming the woods near Byron-Marasek’s Tigers Only Pres-ervation Society (TOPS) compound.

Byron-Marasek has maintained that the loose tiger did not come from the group on her property, a tract in the vicinity of the Six Flags Great Adventure safari park which is home to large cats, including tigers.

The state has never conclusively proved that the loose tiger belonged to Byron-Marasek. However, following an investigation of her property by the DEP, the decision was made to revoke the permits that allowed Byron-Marasek to keep the tigers there.

Byron-Marasek is now being represented by attorney Andrew John Calcagno of Cranford, Union County.

Her scheduled appearance in state Superior Court, Toms River, this week will come on the heels of last week’s testimony from her veterinarian.

Freehold veterinarian Dr. Patrick Knapman told Judge Eugene D. Serpentelli that the health and continued welfare of the 24 tigers would be jeopardized by any move that didn’t directly involve Byron-Marasek and her husband, Jan. He said they should be involved during the move and in the days and weeks following the relocation.

Knapman also offered his opinion of the San Antonio animal preserve being proffered by the DEP as a new home for the Jackson tigers. He said Wild Animal Orphanage director Carol Asvestas, who testified in January, had not asked him any questions regarding the ongoing care and treatment of the tigers when he accompanied her on a tour of the TOPS facility.

Knapman, a veterinarian who cited more than 20 years of professional experience including a stint with professional big-cat act Siegfried and Roy, said he didn’t think Asvestas demonstrated the experience needed to move and care for Byron-Marasek’s tigers.

Asvestas, who is from Great Britain, is a former nurse and veterinary assistant who has cared for exotic animals and birds at her Texas preserve since 1983. Along with her Texas state licensing, since 1990, Asvestas has also held a federal animal permit under the auspices of the United States Department of Agriculture.

During her January testimony, Asves-tas said she would keep Byron-Mara-sek’s tigers so that they could see each other within the confines of five quarter-acre compounds with pools, sprinklers and shaded areas surrounded by 18-foot-high perimeter fencing.

During questioning, Asvestas admitted to a previous citation and fine due to a permit violation for storing a dead animal awaiting autopsy in a freezer in which meat for feeding was also stored.

In his testimony, Knapman also cited potential health problems for the Jackson tigers if they were moved from the greenery and humid, temperate climate of New Jersey to what he termed the dry flatness of the Texas preserve.

The veterinarian said that from what he had read about the proposed move of the tigers from New Jersey to Texas, he projected a 50 percent mortality rate for the animals.

"I don’t want to sound dramatic, but the cats that do survive will have a shorter life span," he said.

Knapman said the trauma of the tigers’ acclimation to their new surroundings would play a part in the high mortality rate.

The move of the Jackson tigers is imminent due to the prior judicial ruling. Given that the tigers may not remain in Jackson, Knapman said he favored their temporary relocation to a property in Mount Hope, N.Y., that is already home to several big cats. He said his understanding was that the tigers would stay in Mount Hope until the Maraseks could build a preserve in Hamptonburg, N.Y.

Knapman testified that as he understood it, the Maraseks’ move to Hamptonburg would follow the sale of their Jackson property.

Another option Knapman discussed was a move of the Jackson tigers to the Animal Education Protection Information Foundation in Fordland, Mo. Knapman said these proposals were "eminently better" than the DEP’s proposed move of the tigers to Texas.

Referring to published reports that indicated a New York endangered species license Byron-Marasek held was being revoked by New York State wildlife officials, Calcagno told Serpentelli, "Contrary to what’s been reported, we still have a license in New York."

Byron-Marasek was to have testified on May 15, however, most of the day’s proceedings were given over to several motions made by Calcagno, all of which were denied by the judge. One of them, a motion for Serpentelli to recuse himself from the case, raised the ire of the judge.

In addition to trying for a postponement due to his having only joined the case the day prior to the hearing, Calcagno — the sixth attorney Byron-Marasek has had represent her in the matter — tried to get the judge to adjourn the entire case and remand it over for jury trial. Calcagno also told the judge that Byron-Marasek had listed her Jackson property for sale the day before and the attorney wanted the listing price as well as the terms of the sales contract kept from the public.

In denying the motion, Serpentelli said the property would be entered into the Multiple Listing Service and accessible to any interested party.

Regarding Byron-Marasek’s having signed a contract to sell the Route 537 property, the judge said, "She should have signed it a long time ago." He went on to say the listing was "a wonderful development in this case and a show of good faith."

Finally, Calcagno made a motion for Serpentelli to recuse himself from the case, charging the judge with having made "personal attacks" on Byron-Marasek. Calcagno told Serpentelli he believes "the court is fed up."

The lawyer told the judge he based that claim on "other issues besides yesterday (May 14) when you indicated your frustration with this woman," referring to Byron-Marasek.

Calcagno went on to cite alleged legal conflicts based on several degrees of separation between several principals in the case since its beginnings; from state Senator John Russo, who appointed Serpentelli to the bench in 1971, to Deputy Attorney General Ronald Heksch, who is arguing the case for the state.

Calcagno said that of two judges who had presided over previous proceedings regarding Byron-Marasek, one judge was a nephew of Russo’s who had been involved in previous litigation with Byron-Marasek, while the second judge, he said, was a former colleague of Heksch’s.

Calcagno said Heksch had been remiss in not disclosing his association with one of the previous judges. He went on to say Serpentelli’s "conduct and demeanor has clearly indicated his inability and refusal to be impartial."

"Quite frankly, there is an odor to this case," the attorney said.

Responding to Calcagno’s statements, Heksch said, "His assertions are ludicrous enough to challenge the bounds of legal and civil ethics."

Before denying the attorney’s final motion, an obviously angry Serpentelli chided Calcagno, telling him, "You better read the RPCs," referring to an attorney’s Rules of Professional Conduct.

Serpentelli said some of Calcagno’s remarks were a violation of the RPC.

With testimony in the tiger case reconvening on May 21, also expected to testify, via teleconference, are John Weinhart, whom Calcagno said was a California-based trainer with experience in the care and rescue of tigers, and Murray Hill.

Hill is the exotic animal expert who is the director of the Animal Education Protection Information Foundation.

Hill’s Internet Web site states that he retired to start his preserve after 46 years of professional experience with exotic animals and that the Missouri preserve is 156 acres of woodlands, pastures and ponds.

Byron-Marasek’s husband, Jan, was also expected to testify this week.