P’Nut the Squirrel’s owners are set to sue New York state after agents seized and decapitated their Internet famous pet – and they say the government may have lied to justify killing the animal.
Mark Longo and Daniela Bittner filed a notice of claim against the state after P’Nut and his raccoon buddy Fred were taken from the couple’s upstate home and animal sanctuary in a raid by the Department of Environmental Conservation on Oct. 30 – and promptly killed to be tested for rabies.
The state had said an agent was bitten by P’Nut during the raid, sparking the need for the tests but the couple called that accusation an “excuse” in their notice, which alleged a “fabrication of evidence.”
The Post previously reported the animals had been marked for death at least seven days before the raid.
“It is submitted that the notion that a DEC agent and/or other respondents’ agent was ‘bitten’ by Peanut may be false and/or manufactured;” the couple said in their claim, filed through their attorney Nora Constance Marino.
“It is further submitted that even if an agent was in fact bitten, killing Peanut would still be unnecessary, unjustified, improper, and illegal, it is further submitted that there is no claim that Fred the raccoon bit anyone, and thus, the killing of Fred was unnecessary, unjustified, improper, and illegal.”
The couple claims the seizure of the animal was illegal and they were denied due process – only learning their animals had been killed by the state through news reports.
Their notice says the couple was denied “freedom of speech” and “freedom of movement” and claims the raid left their home damaged.
The legal document also takes issue with how Fred and P’Nut met their ends, saying the animals were not humanely put down.
“They were executed, not euthanized,” the notice said.
This is a developing story.