CHRONOLOGY OF EVENTS LEADING TO MULTIPLE COUNTS OF CRIMINAL ANIMAL CRUELTY FILED AGAINST THE NIH'S "ALAMOGORDO PRIMATE FACILITY" OPERATOR

Prepared by In Defense of Animals  /   September 7th, 2004

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March 2001 - The New Mexico legislature adopts an amendment to the state's cruelty to animals statute sponsored by state senator Mary Jane Garcia after intense lobbying efforts by Animal Protection of New Mexico in support of Senator Garcia's amendment. The amendment passes because the New Mexico legislature recognizes that it is not acceptable that the state's animal research labs be unaccountable for potential criminal cruelty. Like many states, New Mexico had previously exempted all research facilities from the cruelty statute. The amendment removes this blanket exemption, and institutes criminal penalties for research facilities that violate the statute. It is clear from statements by Senator Garcia that the abuses at The Coulston Foundation, and the federal government's inability or unwillingness to stop them through toothless administrative actions, are the reasons for the amendment. Although it does not specifically mention the Foundation, it is clear that the amendment is meant to cover all research sites in New Mexico, including The Coulston lab's Holloman Air Force Base facilities.

April 10, 2001 - The NIH office responsible for ensuring compliance with federal animal welfare laws at facilities receiving public PHS funds, the Office of Laboratory Animal Welfare (OLAW), expresses surprise that the Foundation has violated an agreement with the NIH (NIH Trust). It writes that the relationship between OLAW and The Coulston Foundation is "based on trust". In other words, the NIH "trusts" the facilities it is supposed to regulate. The NIH writes this revealing statement after years of Coulston Foundation animal welfare and data integrity violations, attempts to deny inspectors access, and misrepresentations documented by both the NIH and the USDA.

April 20, 2001 - In a Memorandum of Understanding (Memorandum of Understanding) relating to the upcoming contract for care of the 288 NIH-"owned" chimpanzees, the NIH explicitly states that NCRR, the NIH office funding the lab, will be "responsible for the day-to-day management" of the newly-renamed Alamogordo Primate Facility as well as the APF's "associated animal activities." Consequently, the NIH is ultimately responsible for any violations that occur at the APF. The APF will consist of the same facilities and same chimpanzees previously managed by The Coulston Foundation on Holloman Air Force Base. 

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