Attorneys/Judges
| Prosecutor(s): | Jim Martin | | Judge(s): | Donna Butler |
Puppy mill - 800 animals, 125 seized
Emmaus, PA (US)Incident Date: Wednesday, Oct 1, 2008
County: Lehigh
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Derbe Eckhart
Case Updates: 6 update(s) available
Agents with the Pennsylvania SPCA entered a Lehigh County dog kennel shortly after 1:30 p.m. in what some believe could be the largest puppy mill raid ever in the state.
Agents were executing search warrants at the Almost Heaven Kennel in Emmaus, near Allentown, this afternoon after a two month undercover investigation reportedly showed inhumane treatment there.
The kennel specializes in breeding poodles and Labrador retrievers. In August, the business had 508 dogs at the property on Chestnut Street, state records show.
The owner of the kennel, Derbe Eckhart, has a long history of run ins with state and local authorities and has been convicted at least twice of animal cruelty.
"Early reports show that conditions are horrendous," said Howard Nelson, president of the Pennsylvania SPCA moments after agents entered the property.
Agents, he said, were reporting filthy living conditions and that they witnessed several dying puppies and dogs with bad skin conditions.
The SPCA says that there are around 125 sick dogs that are going to be seized from the puppy mill and that the owner, Derbe Eckhart, is facing around 1000 counts of cruelty.
65 dead animals were found in a freezer.
Case Updates| On March 29, 2010, after 4/1/2 hours of deliberation, the jury convicted Eckhart on two counts of cruelty for filthy conditions at the time of the October 2008, raid, and three counts of violating the state Bureau of Dog Law Enforcement's cease and desist order in 2009. | Source: Mcall.com - Mar 30, 2010
Update posted on Mar 30, 2010 - 4:07PM |
The attorney representing former dog kennel owner Derbe ''Skip'' Eckhart in his animal cruelty case says investigators didn't prove the credibility of informants used as a basis for serving search warrants at the kennel and that the warrant and arrest on cruelty charges were ''inappropriate.''
Attorney Jeffrey A. Conrad of Lancaster also claims that evidence investigators gathered during an October 2008 raid of the kennel at 4202 Chestnut St. in Upper Milford Township was gathered illegally.
Conrad shed some light on his defense at a pretrial hearing for Eckhart in Lehigh County Court on Wednesday, during which he could not get Judge Robert L. Steinberg to recuse himself from the case.
Steinberg did not immediately rule on Conrad's request to have warrants excluded from Eckhart's trial on animal cruelty and dog law charges stemming from the 2008 raid, a June 2009 raid and inspections in the interim. Eckhart, 42, of Upper Milford is scheduled to stand trial on March 22.
Conrad focused much of his arguments on an Oct. 1, 2008, raid, effectively the beginning of the end for Almost Heaven Kennel, which had been the target of complaints over the years and was eventually shut down in June when authorities raided the property and seized more than 200 animals.
That 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.
Conrad said the Pennsylvania Society for the Prevention of Cruelty to Animals failed to indicate in a search warrant obtained for the Oct. 1, 2008, raid why it could reasonably rely on confidential informants who reported allegations of unhealthy animals and unsanitary conditions.
''If the commonwealth is going to make use of a confidential informant, they have to lay a proper foundation; otherwise it is unconstitutional,'' Conrad said. ''Otherwise they can say anyone came forward and made a claim.''
Even if authorities could rely on those informants, Conrad said, their information was ''meaningless.'' Her contends one of the informants, a person identified as B.S., a frequent SPCA tipster, isn't credible.
''B.S. is full of BS,'' Conrad said after the hearing, without elaborating.
Conrad said he has his own witness, former SPCA agent Chris Martin, who went to the kennel under cover in August 2008 and saw no violations. He further contends that photos and video taken at the property during the October 2008 raid should not be allowed at trial because investigators did not specifically indicate on the warrant that they'd be taking photos and video at the property.
Conrad said some of the photos were taken near the end of the raid, after a seven-hour period during which he claims his client could not care for the animals because he was being held in a closed room.
Chief Deputy District Attorney Jay Jenkins declined to respond to Conrad's claims.
Conrad 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 Steinberg indicated he did not think Eckhart was being truthful when the judge said to him: ''So you lied to me?'' when Eckhart initially pleaded guilty.
Steinberg said he has ''no doubt'' he can be fair and impartial. | Source: The Morning Call - Dec 24, 2009
Update posted on Dec 24, 2009 - 4:58PM |
The owner of an embattled kennel in Lehigh County is now free on bail after withdrawing his guilty plea to charges of animal cruelty. Derbe Eckhart, owner of the Almost Heaven Kennel in Upper Milford Township, was led off to jail in handcuffs after today's hearing.
Believing Eckhart's a moderate flight risk who thumbs his nose at the judicial system, the judge raised his bail from $2,000 to $25,000 with conditions that he no longer be able to work as a dog groomer and he won't be able to obtain any new animals.
Eckhart admitted in September to two counts of animal cruelty and five violations of the state's dog law. But he says he withdrew his plea because he felt pressured and didn't have enough time to think about it. The charges could land Eckart in jail for up to three years. He could also face up to $7,500 in fines.
The kennel was shut down in June after officials say a raid yielded at least 200 dogs and 20 to 30 cats. Officials say many of the animals were emaciated and in need of emergecy care. Fifty animals were also removed from the shelter in October, 2008. | Source: 69 News - Nov 16, 2009
Update posted on Nov 17, 2009 - 8:26AM |
Most of Derbe ''Skip'' Eckhart's 200-plus dogs and the sign outside his shuttered Upper Milford Township kennel are gone, but his legal problems are far from over.
The Pennsylvania SPCA this week filed animal cruelty charges against the 41-year-old man, the latest in a growing list of charges leveled against Eckhart, whose Almost Heaven Kennel was closed by state authorities on June 23.
As Eckhart prepares for his days in court, the future of the nearly 4-acre property at 4202 Chestnut St. is uncertain. The township's zoning officer inspected the kennel late Thursday afternoon, but township officials weren't prepared to provide details of that visit and wouldn't say if property owner Bryan Smith has disclosed his plans. Smith could not be reached for comment.
The latest cruelty charges against Eckhart came following the PSPCA's June 24 raid, during which nearly 200 animals were found a day after the state seized 216 dogs that have since been placed with various shelters and rescue groups, according to a complaint filed in district court in Emmaus.
The PSPCA said it counted 87 birds, 45 cats, 22 horses, six pigs, four monkeys and two rabbits in addition to the 25 dogs that Eckhart was allowed to keep without a kennel license.
The agency seized 18 of the cats and four of the remaining dogs that it said were in need of medical care. Eckhart was charged with two counts of animal cruelty -- one for the cats and one for the dogs -- because the seized animals lacked proper veterinary care.
Eckhart could not be reached for comment.
Eckhart is now down to 21 dogs, according to accounts in court documents. Township officials have said a property owner is allowed up to six dogs without a kennel license and that they could look into removing any dogs above that number. Township Manager Dan DeLong said it's an issue that could go before the Zoning Hearing Board since there was an established kennel use at the property.
Eckhart faces a July 15 preliminary hearing on charges filed in two separate cases. In one, he's accused of violating a cease-and-desist order by breeding a dog, according to court records. In the other, he was charged in May with bringing 30 dogs to the kennel from New York, another cease-and-desist violation, and records violations.
Eckhart also is awaiting trial on cruelty charges arising from PSPCA's Oct. 1, 2008, raid on Almost Heaven.
Meanwhile, if a new kennel were to open, Eckhart could have no involvement, according to Chris Ryder, a spokesman for the state Department of Agriculture.
''There's no way, after having his license revoked, Mr. Eckhart will ever be able to be involved in a kennel,'' Ryder said. He said the department will take a ''close look'' at any kennel license application for that property.
''That was the problem with the former version of the dog law,'' he said. If a kennel was shut down, the owner could reapply under the name of a friend or relative and stay in operation.
''That is not the case anymore,'' he said. ''We can ask to know who is involved in the operation of the kennel and who is responsible for various aspects of the kennelÂ
It would not be as simple as putting someone else's name on the application.'' | Source: The Morning Call - July 4, 2009
Update posted on Jul 5, 2009 - 6:19PM |
The Almost Heaven Kennel in Upper Milford Township was a dirty, dangerous place for dogs, pocked with protruding wires and rusted pipes, littered with feces and filled with debris and waste in the dogs' cages and bedding, according to citations issued by a state dog warden.
Warden Kristen Donmoyer on Wednesday filed nine citations for failure to maintain a clean and humane kennel against Almost Heaven owner Derbe Eckhart. The charges, filed with District Judge Donna Butler of Emmaus, stemmed from the Oct. 1 raid on Almost Heaven, 4202 Chestnut St., by state Dog Law Enforcement officers and the Pennsylvania Society for the Prevention of Cruelty to Animals.
Eckhart is scheduled for a hearing on the charges Oct. 17 at Butler's office, when he also will face charges of lack of veterinary care and unsanitary confinement filed by humane officers.
The citations drew a picture of a kennel that was poorly maintained. The dog warden said she found rusted pipes with jagged edges, protruding wires and a shed with insulation falling from the ceiling, holes in walls and ripped up flooring. A drainage trough was filled with feces, urine and debris. An indoor kennel was overwhelmed by a ''pungent odor'' of ammonia. Feces were found ''throughout all kennel sections'' and ''had not been removed daily,'' as required.
Citations also were issued for leaving bedding stained by urine and feces, and dog cages filled with hair, waste and debris. Additionally, Donmoyer cited Eckhart for failure to control flies, spiders and other pests or for permitting pests to thrive in the kennel.
Citations charged Eckhart for leaving the kennel with cracked concrete and wood and rust throughout the facility. Those charges suggest long-running maintenance problems at the kennel, which could be troublesome for the state Bureau of Dog Law Enforcement. On Aug. 7, less than two months before the raid, two other wardens, a supervisor and the bureau supervisor issued a clean inspection report to Almost Heaven.
The state Department of Agriculture, which oversees the bureau, is investigating why wardens issued Almost Heaven clean bills of health for a year before the Aug. 7 inspection. | Source: The Morning Call - Oct 9, 2008
Update posted on Oct 9, 2008 - 10:11AM |
Some of the scores of dogs and cats seized from Derbe ''Skip'' Eckhart's Almost Heaven kennel are already up for adoption through the Pennsylvania Society for the Prevention of Cruelty to Animals in Philadelphia, and many more are expected to be available after they receive medical treatment and behavioral rehabilitation.
But the fate of hundreds of other animals seized in Wednesday's raid at the Upper Milford compound -- including horses, pigs, swans, turkeys and more -- is unclear. Society Director Howard Nelson said the agreement struck by Eckhart's attorneys and the society contains a confidentiality clause which prohibits him from discussing the terms, including what becomes of the animals.
''We're happy with the deal, but as far as what the provisions are, we cannot release them,'' Nelson said.
Eckhart has a history of bouncing back after animal cruelty convictions and other legal run-ins, which may explain why the society consented to strike a deal and keep mum on the details.
That's not to say the terms will never emerge. Lehigh County District Attorney Jim Martin's office has to approve the deal and Martin said he has not yet seen it.
''Rest assured, if there is an agreement, it won't be sealed,'' Martin said.
One thing is certain: Eckhart is out of the kennel business. After the raid uncovered hundreds of animals housed in filth at the Chestnut Street compound -- many suffering skin diseases, respiratory ailments and malnutrition -- the state Department of Agriculture revoked his kennel license, putting an end to a long career marred by repeated convictions for animal cruelty.
The story is far from over, however. Still unexplained is how a kennel that passed state inspection on Aug. 7 could be found in such horrific condition just two months later.
While agriculture officials told state Rep. Douglas Reichley, R-Lehigh, that the conditions had apparently deteriorated dramatically in a couple of weeks, an affidavit filed by the SPCA shows investigators and confidential informants were buying sick and filthy dogs before and after the inspection.
Agriculture Department spokesman Chris Ryder said officials would not comment for now about the inspection. Susan West, director of the Bureau of Dog Law Enforcement, participated, as well as two dog wardens and a supervisor.
Ryder said that since the department is investigating the discrepancy between the clean inspection and the findings during the undercover action and the raid on Wednesday, officials would not comment further. | Source: The Morning Call - Oct 4, 2008
Update posted on Oct 5, 2008 - 9:07PM |
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