http://www.mcall.com/news/all-a1_5eckhart.7088368nov17,0,715022.story
Judge lets Eckhart take back guilty pleas
All animal cruelty and dog law charges reinstated against former Almost Heaven kennel owner
Derbe "Skip" Eckhart shown leaving a hearing in Emmaus in August. (Douglas Kilpatrick/Morning Call file photo)
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XDog (animal)
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Lawyers By Patrick Lester
OF THE MORNING CALL
November 17, 2009
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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.
patrick.lester@mcall.com
610-820-6764
Copyright © 2009, The Morning Call
Related storiesFrom other Allentown sources
Former breeder opts for trial on cruelty charges|philly.com
Kennel Owner Withdraws Guilty Plea, Taken To Jail|wfmz.com
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This guy is still alive?
The only good thing about this is that Eckart may end up serving more prison time than he would have. I truly hope he miscalulates that a jury will find him not guilty.
Jezzeal (1