Case Report

DuPage County animal control officers allegedly found 11 beagles crammed into a 12-by-12 pen. Four of the dogs were puppies. The dogs reportedly didn't have food and their water was green with algae. The dogs slept, walked and played in feces. The officers testified on Dec 15.

DuPage Associate Judge Blanche Hill Fawell forfeited ownership of the beagles to county authorities after ruling they had been treated inhumanely.

The owner, Joe McCarthy, Jr., 48, of Carol Stream, is charged with cruelty to animals - a misdemeanor punishable by up to one year in jail. A trial is set for April 20. He denied mistreating his dogs during the hearing.

"These people say that I don't care about my dogs, but if I didn't, why would I have spent $2,500 on a lawyer just to try to keep them?" he said, outside of the courtroom. "I love my dogs. They're like my children."

McCarthy had housed the dogs on a friend's two-acre property in unincorporated Keeneyville, but said he made sure someone checked on them daily. He said the beagles were used for hunting.

Sheriff's Cpl. Bill Shreffler checked on the beagles Oct. 4 after hearing complaints from neighbors. He then called local animal control officials, who immediately confiscated the dogs.

"The temperature was falling," said Jennifer Berg, a DuPage County animal control officer. "There were terrible living conditions. I felt it was detrimental to their health if we didn't impound them."

Upon inspection, veterinarian Katherine Everett determined the beagles, as a result of eating feces off the ground, were infested with fleas and had hookworms. Each had ear infections. Their dull coats had raw patches where infections had eaten away at the skin. One dog had heart-worm disease, which can be fatal if left untreated.

"There was evidence of long-term neglect," prosecutor Donald Leist said. "These conditions could have been prevented. A simple routine examination would have uncovered this."

But McCarthy maintains the beagles had been treated, though, not by a licensed veterinarian. He said a Kane County breeder treated the dogs with sulfur and black oil - for the flesh wounds and fleas - about one week before they were confiscated.

As for the cold, McCarthy said he was in the process of building a winter shelter for the dogs. The puppies spent most of the time since their birth inside a friend's home, he said.

But McCarthy could not present any proof of the care during the court hearing. McCarthy said he fired his lawyer, so the defendant, who said he has only a sixth-grade education, represented himself Wednesday.

He plans to appeal the judge's ruling and fight the criminal charges. McCarthy refused earlier plea offers to give up the dogs and pay a fine.

"I've never been in a situation like this before but I'm going to have to take my chances (in court)," he said. "I'm not going to admit to something I didn't do. I love animals. If I think something is wrong, I'm going to get them help."

The dogs have been in the custody of county animal control officials since being seized two months ago. Each of them except the one with heart worm has made a full recovery. Prosecutor Francis Cermak said county officials hope to put the dogs up for adoption in 30 days if McCarthy's appeal is denied.

"We just want them to have a good home," he said. "That's our first priority."

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