updated 10/17/2008 10:49:11 AM ET 2008-10-17T14:49:11

A California man is headed back to court after trying to use a photo of his pet monkey alongside a Mexican newspaper to fool a court commissioner into believing the animal had been sent south of the border.

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David Grigorian had been ordered to surrender his marmoset Cheeta because he did not have a permit for the animal.

Authorities say the 43-year-old was in court this week to show that the monkey was gone.

His proof: a photo of Cheeta beside a recently dated Mexican newspaper. Red, white and green decorations filled the background.

Grigorian eventually admitted that Cheeta was in downtown Los Angeles.

He has agreed to hand Cheeta over to federal officials.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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