Were eight roosters found in the basement of a city home two years ago being trained for cockfighting?
Or were they just pets, as their owner, Misael Torres Colon, claims?
A Lancaster County jury will decide the case, which began with both attorneys' opening arguments this morning.
Torres Colon, 29, faces eight counts of animal cruelty — serious offenses that his attorney, Michael Marinaro, told the jury, could result in him "losing his freedom."
"Most people find (animal fighting) to be disgusting," Marinaro said this morning, "but you're not supposed to apply sympathy to these animals...you're to apply the law."
City police were called to Torres Colon's home on Crystal Street in April 2006 after receiving a report that a woman may be in a dangerous domestic situation.
Police arrived, knocked on the front and back doors, and talked to neighbors.
They heard no yelling or screaming, Marinaro told the jury, just the sound of roosters crowing.
When Torres Colon answered the door and let them inside, he led them into the basement, where the roosters were housed in separate cages.
Possessing livestock is a violation of a city ordinance, Marinaro said, but it is not proof that Torres Colon was training the birds to fight.
There were no phone records, no e-mails, no fighting or training schedules, or magazines about fighting birds, Marinaro said.
"There was no blood, no loose feathers," Marinaro said, no evidence of fighting at all.
But Assistant District Attorney Christine L. Wilson said it's simply against the law to "own, possess, keep, train, promote, purchase or sell any animal for the purpose of fighting."
She said the jury will see pictures of the roosters as they were found — shaved and trimmed for the purpose of fighting.
In addition to the caged birds, Wilson said, police found paraphernalia for fighting, including bandages, little rubber covers for their spurs and little boxing glove-like covers for training.
"Cock fighting is a sick source of entertainment," Wilson told the jury, "and it happens to be illegal."
The trial is being held in the courtroom of Judge Margaret Miller.
On Monday, before the jury was selected, Marinaro asked the judge to suppress most of the evidence in the case.
His client, Marinaro said, does not speak English and allowed police officers into his home, not understanding why. Because the police search was illegal, Marinaro argued, everything the officers seized in the case was illegal and should not be used in the trial.
Two city policemen told the judge that Torres Colon smiled and was cordial in inviting them into his house and down the basement. Torres Colon indicated to the judge that although he did not understand what they were saying, he did understand their actions.
Wilson explained that city police officers, when they found the roosters and paraphernalia, immediately contacted a Humane League investigator to come to the home and evaluate the situation. He concurred that the animals appeared to be in training for cockfighting.
Miller ruled in favor of the prosecution, saying that all the evidence could be presented to the jury.
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