Attorneys/Judges
| Defense(s): | Jeffrey A. Conrad | | Judge(s): | Robert L. Steinberg |
CONVICTED: Was justice served?
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200 dogs seized for kennel/dog-law violations
Emmaus, PA (US)Incident Date: Tuesday, Jun 23, 2009
County: Lehigh
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Derbe Eckhart
Case Updates: 8 update(s) available
Derbe "Skip" Eckhart said it was all a mistake. When he pleaded guilty to animal cruelty and related charges nearly two months ago, he said, he was under duress.
"I wasn't able to think things through clearly," Eckhart, whose Almost Heaven Kennel in Upper Milford Township was shut down in June, testified Monday in Lehigh County Court.
Eckhart, 42, of Upper Milford, undid those guilty pleas before being handcuffed and taken to prison under $25,000 bail to await trial on animal cruelty and dog law charges, many of which had been dropped in the previous plea deal. He had not posted bail as of Monday afternoon, according to the Lehigh County Prison.
In requiring Eckhart to post bail -- Eckhart was previously released on his own recognizance -- Judge Robert L. Steinberg said Eckhart was a "moderate" flight risk and that he "thumbed his nose at the judicial system." He told Eckhart, who had been working as a groomer, that he was forbidden from having a job in which he would have contact with animals while his case is pending. He also told Eckhart not to take new animals into his home.
Before ruling, Steinberg had a brief exchange with Eckhart about his decision to drop his plea.
"Why did you tell me [in September] that you were guilty?" the judge asked.
"I felt pressured," Eckhart answered.
"So you lied to me?" the judge asked.
"I felt pressured by all that was going on," Eckhart answered, adding that he was given notice of the plea proposal the night before his Sept. 22 court appearance.
Eckhart faces a list of charges related to a June 23 raid of his kennel at 4202 Chestnut St. and kennel inspections that preceded the raid.
His attorney, Jeffrey A. Conrad of Lancaster, has written in court papers that Eckhart is innocent because he was "attempting to save dogs that would have otherwise been destroyed."
Steinberg, in rendering his decision, said there is a "liberal standard" when it comes to plea withdrawals and that the courts have consistently upheld them. He denied a request by Chief Deputy District Attorney Jay Jenkins to revoke bail, but ruled Eckhart's previous $2,000 unsecured bail was "inappropriate."
Eckhart had pleaded guilty Sept. 22 to two counts of animal cruelty, four counts of violating a cease-and-desist order and one count of illegally transferring dogs out of the kennel. He faced up to three years in prison and a $7,500 fine.
Now that all of the charges filed against him are back in play, he could face significantly more time in prison if convicted.
Eckhart faces 14 animal cruelty charges and 18 counts of violating a cease-and-desist order, in addition to more than 200 counts of failing to turn over dogs when the appeal period for his kennel license expired. He also faces related dog law violations. All of the charges are misdemeanors or summary offenses.
Authorities raided Eckhart's kennel June 23, removing 216 dogs and putting Eckhart out of business before charging him with multiple counts of animal cruelty and related crimes.
The raid came after a lengthy legal battle over Eckhart's operating license. The state revoked Eckhart's license in October 2008 and denied him a 2009 license, prompting a string of appeals that were exhausted when Eckhart failed to file a timely appeal in Commonwealth Court.
In the months leading up to the June raid, Eckhart was charged multiple times with violating a cease-and-desist order handed down while the future of his kennel license was being decided. In October 2008, authorities raided the kennel, seizing at least 56 animals that they said were living in unsanitary conditions.
Case UpdatesFormer dog kennel owner Derbe "Skip" Eckhart Tuesday waived his right to a preliminary hearing on charges that he punched a Lehigh County Prison guard days after he was imprisoned for animal cruelty.
Jeffrey Conrad, the Lancaster attorney representing Eckhart, said the alleged May 22 incident inside the prison was a "misunderstanding over medications."
Conrad said he hopes Eckhart can reach a deal with the district attorney's office to plead guilty to simple assault and have charges of aggravated assault and resisting arrest withdrawn. The charges have been sent to Lehigh County Court.
Eckhart, who owned the former Almost Heaven Kennel in Upper Milford Township, began serving a six- to 23-month prison sentence on May 18. A jury in March found Eckhart guilty of two counts of animal cruelty and three counts of violating a cease-and-desist order that barred him from taking new dogs into his kennel. | Source: mcall.com - Jun 8, 2010
Update posted on Jun 11, 2010 - 2:21PM |
Days after he was sentenced to six to 23 months for animal cruelty at his Upper Milford Township kennel, Derbe "Skip" Eckhart punched a Lehigh County Prison guard in the stomach when the guard attempted to take a packet of prescription medication from him, according to court documents.
Eckhart, of 4202 Chestnut St., Emmaus, allegedly punched corrections officer Darrel Massini in the stomach around 8:41 p.m. on May 22. Eckhart resisted verbal commands from officers who wanted to remove him from his cell, pushing and kicking as more corrections attempted to subdue him, according to an arrest affidavit filed today.
For the outburst, Eckhart was charged with aggravated assault, simple assault and resisting arrest. He was arraigned today before District Judge Karen Devine and has a preliminary hearing scheduled for next week.
Eckhart owned Almost Heaven Kennel in Upper Milford Township, where he kept as many as 800 animals �" some injured �" in feces-covered conditions, according to authorities. Authorities initially raided the kennel in October 2008 and shut down the kennel after a second raid in June 2009.
A Lehigh County jury found Eckhart guilty in March of two counts of animal cruelty and three counts of violating a cease-and-desist order that barred him from taking new dogs into his kennel, all misdemeanors.
Lehigh County Judge Robert L. Steinberg also found Eckhart guilty of more than a dozen summary offenses, most of which were related to kennel upkeep, and sentenced him to six to 23 months in the county jail. He was also ordered to pay a $1,700 fine and serve three years of probation following his jail sentence.
Steinberg prohibited Eckhart from owning or possessing any animals, besides the pets he already has, for the next four years and 11 months.
Steinberg noted a pattern of animal cruelty for the county prison sentence. Eckhart served a short jail term in 1988 after being charged with 32 counts of animal cruelty. He was convicted of other animal violations in 1991 and 1992 and always blamed others, the judge said. | Source: The Morning Call - Jun 2, 2010
Update posted on Jun 10, 2010 - 5:18PM |
Derbe "Skip" Eckhart, the former dog kennel owner convicted of animal cruelty charges in March, was hauled off to jail this morning.
Lehigh County Judge Robert L. Steinberg sentenced Eckhart to six months to 23 months in Lehigh County Prison.
He was also ordered to serve three years of probation following his jail sentence and was ordered not to own or possess any animals, besides the pets he already has, for the next four years and 11 months.
Weeping, Eckhart begged Steinberg not to send him to jail.
"Please do not incarcerate me, your honor," he said, breathing heavily and wiping his eyes. "I have learned my lesson. My business is gone. My way of life is gone."
Eckhart told the judge he's saved thousands of homeless dogs and his main problem was never turning one away.
"I know I let my love of animals get out of control and I took on too many animals," he said.
Steinberg said Eckhart does have some redeeming qualities, but has continued to violate animal laws even following a jail term in 1988 for cruelty to animals and subsequent convictions.
A jury found Eckhart guilty of five misdemeanor crimes: two animal-cruelty counts and three counts of violating a cease and desist order that barred him from taking new dogs into his Almost Heaven Kennel in Upper Milford Township. | Source: mcall.com - May 18, 2010
Update posted on Jun 9, 2010 - 5:14PM |
Derbe "Skip" Eckhart has been found guilty of two counts of animal cruelty, but acquitted on four animal cruelty charges following his six-day trial in Lehigh County Court.
The jury, which could not reach a verdict on two other animal cruelty charges, found Eckhart guilty of three charges related to the violation of a cease and desist order.
Judge Robert L. Steinberg also found Eckhart guilty of several summary offenses, including two counts of animal cruelty and various other offenses related to the upkeep of his former Almost Heaven Kennel in Upper Milford Township.
Eckhart faces up to one year in prison for each of the five crimes for which he was convicted. Sentencing is scheduled for May 18.
The jury deliberated for about 4 ½ hours after a six-day trial during which the prosecution portrayed Eckhart, 42, as a man who "turned a blind" eye to his duties at the kennel, which at one time had more than 800 animals.
Earlier today, Eckhart's defense attorney told the jury that prosecutors have shown no evidence that Eckhart is guilty of willful and wanton cruelty to animals at his former Almost Heaven Kennel.
"This is a case about how a private organization, the SPCA, is given police powers and how they utilized those police powers to attempt to influence legislation, to gain headlines, to raise money and to do exactly what their mission is, to put large commercial kennel breeders out of business," attorney Jeffrey Conrad said during his hour-long closing argument in Lehigh County Court.
Chief Deputy District Attorney Jay Jenkins said the defense offered only "convenient excuses" for the condition of the kennel and the animals inside it.
"The defendant knew his duty of care, he ignored his duty of care and as a result [animals were in danger]," Jenkins told the jury.
He said Eckhart's motive was greed.
"As you've heard, he sells these dogs, mostly he breeds these dogs. More dogs is more money," Jenkins said. "If this is a conspiracy [by the state and SPCA], the chief conspirator is sitting right here," Jenkins added, pointing to Eckhart | Source: Mcall.com - Mar 29, 2010
Update posted on Mar 30, 2010 - 3:58PM |
Chief Deputy District Attorney Jay Jenkins has concluded his case in the animal cruelty trial of former dog kennel owner Derbe "Skip" Eckhart in Lehigh County Court.
Defense attorney Jeffrey Conrad of Lancaster is expected to begin presenting his case beginning at 1:30 p.m. today, the fourth day of the trial. Conrad has said Eckhart, who operated Almost Heaven Kennel in Upper Milford Township, will testify.
A jury is considering 13 of the dozens of charges filed against Eckhart eight animal cruelty counts and five counts of violating a state order that he not bring animals to his kennel or transfer them from it. Judge Robert L. Steinberg will consider a long list of summary offenses after the jury has reached its verdict.
Earlier today, a veterinarian testified in Lehigh County Court this morning about a host of health problems she found in animals inside Almost Heaven Kennel when authorities raided the Upper Milford Township property in 2008 and 2009.
Dr. Rachel Lee, a veterinarian who previously worked for the Pennsylvania SPCA, described how animals were suffering from respiratory disease, severe fur matting caused by feces and urine buildup, severe gum diseases and in at least one case a "severely painful" eye disease.
She was testifying for the prosecution in the animal cruelty trial of Derbe "Skip" Eckhart, who operated the kennel before it was shut down by authorities in 2009.
Lee said some of the health problems could be attributed in part to overcrowding and lack of ventilation.
The most "disgusting" animal she saw was an "extremely skinny" cat with matting all over its back and respiratory disease. She said the animal was living in a cage covered in feces.
Asked what could prevent the matting suffered by multiple animals, Lee said, "You have to groom them and have to keep them clean."
"Certainly, the overall score card for the kennel was low," Lee said. "There were a high percentage of animals with various diseases related to population and sanitation. Certainly, there were some huge deficits in the kennel."
Defense attorney Jeffrey Conrad of Lancaster pointed out there were no emaciated dogs or animals with broken bones. He noted that two of the estimated 800 animals at the kennel on Oct. 1, 2008, were in need of urgent medical care.
Lee said other animals needed care, but that their cases weren't as urgent. | Source: Mcall.com - Mar 25, 2010
Update posted on Mar 25, 2010 - 2:01PM |
Kristen Donmoyer called it the worst sight she's seen in her three-plus years as a state dog warden.
Puppies were resting in their own excrement in a feces-covered area. A white puppy was no longer white. She said the odor inside Almost Heaven Kennel in Upper Milford Township made her gag and her eyes water.
''It's the foulest thing I've seen at a kennel to date,'' Donmoyer said.
''I had to walk out,'' she added of the stench. ''I couldn't breathe. I wish I could give you what I smell in my mind right now. I'll never forget it. Ever.''
Donmoyer was testifying on the second day of former kennel owner Derbe ''Skip'' Eckhart's animal cruelty trial in Lehigh County Court.
With the help of dozens of photos, Donmoyer described unsanitary conditions she saw on the October 2008 day authorities raided the kennel at 4202 Chestnut St. The kennel was eventually shut down in June 2009 after a series of alleged animal cruelty and dog law violations.
Defense attorney Jeffrey Conrad of Lancaster showed the jury photos from the raid that he suggested were contradictory to the unsanitary conditions that Donmoyer described.
Donmoyer testified that drains inside the kennel were filled with feces and stagnant liquid that could attract pests and promote disease. She said some areas had accumulations of more than a day's worth of feces, soiled and saturated animal bedding, fencing covered in ''gunk,'' rusty pipes, exposed fiberglass and ripped-up flooring. She said the ammonia smell emanating from the accumulation of urine was overwhelming.
She said the drain area that collects animal waste had the worst ''cloggage I've seen in the hundreds of kennels I've been to."
''I had to exit the kennel multiple times to catch my breath and make sure I was OK,'' Donmoyer said.
The state Department of Agriculture found the violations to be so egregious, she said, it revoked Eckhart's breeding and boarding licenses.
Conrad, while cross-examining Donmoyer, showed images he suggested showed clean water bowls, fresh food, brooms and other cleaning items, as well as a floor heating system and special ''tenderfoot'' flooring for some dogs.
Conrad suggested the dirty puppies were in that condition because their mother was being kept from them and because workers were unable to clean the kennel and care for the animals because they were kept in a confined area during the raid. Conrad, who has said Eckhart is a victim of authorities trying to make headlines, also noted the number of media vehicles at the kennel the day of the raid.
Jurors saw a 10-minute video that showed feces in dog pens and in floor drains, as well as photos of multiple animals seized that day.
George Bengal, the Pennsylvania SPCA's law enforcement director who was at the kennel that day, described it as ''overcrowded'' and ''completely covered in urine and feces.''
Asked to comment on photos of multiple dogs seized during the raid and shown to the jury, he described how some had skin, eye and dental conditions and wounds.
''Obviously, there is feces all over the dog,'' he said of one photo. ''This is really a severe skin condition that dog has.''
A jury is considering 13 of the dozens of charges filed against Eckhart -- eight animal cruelty counts and five counts of violating a state order last year that he not bring animals to his kennel or transfer them from it. Judge Robert L. Steinberg will consider a long list of summary offenses after the jury has reached its verdict.
Testimony will resume at 9:30 this morning. | Source: Mcall.com - Mar 24, 2010
Update posted on Mar 24, 2010 - 3:26PM |
Derbe "Skip" Eckhart, whose Almost Heaven Kennel in Upper Milford Township was shut down by authorities last year, is now on trial for alleged animal cruelty and state dog law violations.
Chief Deputy District Attorney Jay Jenkins said the evidence in the trial, which began today and is expected to last up to five days, will show that Eckhart turned a blind eye to his responsibility of caring for animals.
"The conditions were extremely unsanitary," Jenkins told jurors, describing what was found at the kennel during an October 2008 raid.
He said there was a "severe amount of stagnant feces, a lack of ventilation and a lack of proper food and water" for some of the estimated 800 animals at the property that day, including 600 dogs.
Eckhart was charged with dozens of crimes related to the kennel operation. A jury of seven men and five women has been charged with weighing in on eight animal cruelty charges and five counts of violating a cease and desist order that prohibited Eckhart from taking in and transferring new animals between February and June 2009.
The jury was excused at about 3:30 p.m. today. Testimony is expected to begin at 9:30 Tuesday morning. | Source: mcall.com - Mar 22, 2010
Update posted on Mar 22, 2010 - 5:45PM |
Former dog kennel owner Derbe "Skip" Eckhart tried unsuccessfully today to get a Lehigh County judge to recuse himself from his criminal case involving animal cruelty and other charges.
Judge Robert L. Steinberg said that he has "no doubt" he can be fair and impartial when Eckhart's trial begins on March 22.
Defense attorney Jeffrey A. Conrad of Lancaster had filed court papers asking Steinberg to recuse himself because of comments the judge made during a November hearing at which Eckhart took back a previous guilty plea in the case.
Conrad said the judge indicated he did not think Eckhart was being truthful when he said to him: "So you lied to me." The judge was questioning Eckhart about why he decided to withdraw his original guilty plea.
Eckhart, the owner of the former Almost Heaven Kennel in Upper Milford Township, faces a list of charges related to a June 23 raid of his kennel at 4202 Chestnut St. and kennel inspections that preceded the raid.
Authorities seized more than 200 dogs from the kennel during the June raid and put Eckhart out of business. | Source: The Morning Call - Dec 23, 2009
Update posted on Dec 24, 2009 - 1:05AM |
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