Pets & Animals

SAN FRANCISCO (CBS 5 / AP) ― The director of the San Francisco Zoo shook off criticism that two victims were denied help in the frantic moments after a fatal Christmas Day tiger attack, as police revealed Wednesday that an empty vodka bottle was found on the front seat of the victims' car.

The zoo was set to reopen Thursday for the first time since the animal killed a teenager and injured his two friends, brothers ages 19 and 23. Zoo director Manuel Mollinedo said he planned to beef up staffing to improve zoo safety, but added that he was "extremely satisfied" with the response of employees on duty during last week's incident.

"Some of our staff did heroic things, and I hope that eventually they can be recognized for the way they handled some very difficult situations where they actually put their lives on the line," Mollinedo said in response to reporters' questions.

Mollinedo declined to elaborate on their actions, citing an ongoing police investigation. He said he did not know how many security guards and other staff members were on the grounds when the 350-pound Siberian tiger, named Tatiana, climbed or jumped out of her enclosure.

It had been previously reported that slingshots were found among men's possessions following the attack, fueling speculation that the weapons were used to antagonize the tiger. However, SFPD spokesman Steve Mennina says police did not find any slingshots at the scene of the tiger attack.

The director's remarks came a day after the lawyer for the two brothers said the zoo was slow in its response to the incident, an assertion at least partially backed up by police dispatch logs showing that zoo employees questioned whether early reports of the attack were coming from a mentally unstable person.

Attorney Mark Geragos said his clients—Paul Dhaliwal, 19, and Kulbir Dhaliwal, 23 -- tried to get help for their friend, Carlos Sousa Jr., 17, after the three were mauled, but were "denied entry" to a cafe where they had fled because the zoo was closing.

The brothers then spotted a female security guard who appeared "diffident" when told of the escaped tiger, Geragos said. Sousa was still outside the tiger exhibit, mortally wounded with a slashed throat.

"Who knows what would have happened if the guard had acted earlier?" Geragos said late Tuesday. "But Carlos would have stood a better chance of not dying. And maybe the police would not have shot the tiger as well."

Police are investigating why the tiger climbed or jumped out of its walled outdoor enclosure, which was 4 feet lower than the recommended height. Authorities have been looking into the possibility that the three victims taunted the tiger.

"All I know is that something happened to provoke that tiger to leap out of her exhibit," Mollinedo said, declining to elaborate because of the ongoing investigation.

Geragos said none of the victims did anything to goad the tiger into breaking loose.

"That's just nonsense," he said. "There is no evidence of taunting whatsoever because there was no taunting."

Meanwhile, police spokesman Sgt. Steve Mannina said Wednesday that investigators found an empty vodka bottle on the front seat of the car the trio drove to the zoo, which would be a violation of California's open container laws.

But whether the discovery is relevant to the tiger attack remains to be seen, Mannina said.

"They did find the bottle, but what that signifies or how that plays into this will be known later," he said.

Toxicology tests on Sousa's body have been completed yet, and results likely will not come back for several weeks, the San Francisco Medical Examiner's office said Wednesday.

Geragos said he did not think a vodka bottle was recovered from the car.

Because Siberian tigers are listed as an endangered species under federal and international laws, anyone accused of deliberately bothering one could possibly be charged under the U.S. Endangered Species Act, said Carl Friedman, director of the San Francisco Department of Animal Care and Control.

A section of the act specifically makes it a crime to "harass" a listed species. The law defines "harass" as "to intentionally or negligently, through act or omission, create the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns such as breeding, feeding, and sheltering."

Two San Francisco personal injury lawyers who have experience suing the city said the zoo is on the hook for a large payout— even if it turns out the attack victims taunted the tiger.

"It's an incredibly strong case," said George Choulos, who is not directly involved in this case. "The bottom line is that you are always going to get kids who taunt the animals. The zoo has a duty to make things safe. The zoo should have made the enclosures safe for all foreseeable users. Not all users of the zoo will be model citizens."

Choulos also said that there appears to be a "smear campaign" against the two surviving victims by zoo officials and others who are "trying to keep the focus on the victims and away from their behavior and how the enclosure was too short."

Another lawyer, Khaldoun Baghdadi, said "no matter what kind of taunting the kids did, the zoo is facing significant exposure because tigers shouldn't get out of their cages. You almost don't need a law degree to know that."

He also pointed to the tiger's previous attack on a zookeeper a year ago and the varying measurements zoo officials gave of the tiger enclosure's height as other factors that could be used to show the zoo's negligence.

"The more that comes out, the worse it gets for the zoo," said Baghdadi, who's also not directly involved in the tiger case.

None of the zoo's lions or tigers will be on view when the zoo reopens on Thursday, but will remain locked in their cages during operating hours, Mollinedo said. He said the facility will have new signs posted warning people not to pester the animals and about the importance of "proper zoo etiquette."

Zoo officials say the tiger likely climbed out of an empty moat that separated the public from the animal's outdoor exhibit, which had a 12 ½-foot wall—significantly shorter than the 16.5-foot height recommended as the minimum for U.S. zoos.

The city has hired an architect to design a new, more secure enclosure that would put a 19-foot-tall barrier between visitors and the zoo's big cats, Mollinedo said Wednesday.

The zoo also is in the process of putting a new public alert system in place that would notify visitors during emergencies. There was no PA system in place at the time of the attack, according to Mollinedo.

The zoo is inviting visitors to bring mementos and other items for a public memorial for both Sousa and the 4-year-old tiger that was shot by police as she crouched by one of the survivors.

"She was one of the most magnificent of God's creatures I have ever seen," said Nick Podell, president of the San Francisco Zoological Society.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)