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Former operator of Almost Heaven Kennel faces dozens of charges in Lehigh County

March 22, 2010|By Patrick Lester | OF THE MORNING CALL

Authorities and animal welfare groups have long painted Derbe ''Skip'' Eckhart as a man with a pattern of animal cruelty in a dirty Upper Milford Township puppy mill. Eckhart's attorney has described his client as an animal lover who has been unfairly vilified.

A jury will sort out those conflicting portrayals of Eckhart and his former Almost Heaven Kennel when Eckhart stands trial on a long list of charges in Lehigh County Court this week.

Jury selection is expected to begin today for a trial that could last up to a week, according to Debbie Garlicki, spokeswoman for the Lehigh County district attorney's office.

 

 

Photos Tell Jury Two Different Stories

Posted: 12:11 pm EDT March 23,2010

 

ALLENTOWN, Pa. -- Jurors in an animal cruelty trial looked at a lot of pictures today.

Those pictures were taken after Almost Heaven Kennel in Upper Milford Township, Lehigh County was raided by animal law enforcement officers.

Now, Almost Heaven is shut down and its owner, Derbe Eckhart, is facing more than a dozen charges.

Depending on which side was addressing the jurors, the pictures they were shown told two different stories, one of neglect and the other of kennel workers being kept from cleaning so animal law enforcement could build a high-profile case.

The defense first showed the pictures taken of Almost Heaven in October, 2008.

A state dog warden told jurors the smell from the kennels burned her eyes and made her want to vomit.

Warden Kristen Donmeyer pointed out in pictures where feces clogged drains and animals laid in their own waste.

Donmeyer also pointed out images of severe deterioration at the kennel and its holding pens.

But then it was the defense's turn.

Using the same set of pictures, Eckhart's attorney had Donmeyer point out several clean kennels with dogs, cleaning equipment, and supplies.

The defense said when the raid happened, employees were in the process of cleaning the holding pens but were taken away from their work and confined to a courtyard while investigators took pictures.

A second raid at Almost Heaven resulted in the seizure of more than 200 dogs and more than a dozen charges against Eckhart.

The defense said the raids and the trial are an attempt by animal law enforcement officials to get headlines.

But the prosecution dismissed that claim, saying Eckhart neglected his responsibility to care for the dogs.

The Pennsylvania SPCA took the stand and showed jurors video of Almost Heaven during the raid.

Tomorrow, the Department of Agriculture will testify.

Eckhart will take the stand later this week.

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http://weblogs.baltimoresun.com/features/mutts/blog/2010/03/owner_o...

March 23, 2010
Owner of Teddy Bean's puppy mill on trial


A kennel operator accused of neglecting his dogs stood trial Monday in a high-profile cruelty case that his attorney said was concocted by state animal-welfare officials looking for publicity, the AP reports.

Derbe "Skip" Eckhart, owner and operator of Almost Heaven Kennel outside Allentown, where Teddy Bean and more than 200 dogs were rescued from last June, was charged following a 2008 raid by agents from the Pennsylvania SPCA and state Bureau of Dog Law Enforcement. The agents found dogs living in their own waste, with matted fur and skin ailments, and lacking access to food and water, prosecutors allege.

Eckhart "turned a blind eye to his responsibilities to animals that were in his care," Lehigh County prosecutor Jay Jenkins said in his opening statement.

Defense attorney Jeff Conrad denied that Eckhart ran a dirty kennel, telling jurors that his client loves animals and takes good care of them. He said Eckhart was the victim of a witch hunt.

"Those folks right there, with the Department of Agriculture and with the SPCA, they love money and headlines," Conrad declared in a booming voice, his finger pointed at prosecution witnesses.

He said Eckhart "got caught in the middle of a very ugly public relations campaign going on in Pennsylvania" against large commercial dog breeders.

Eckhart is charged with eight counts of animal cruelty and five counts of running a kennel without a license. Prosecutors say he continued operating the kennel even after the state denied him a 2009 license.

The case emerged from citizen complaints and an undercover operation mounted by the Pennsylvania Society for the Prevention of Cruelty to Animals in 2008. Humane officers and confidential informants purchased dogs from Almost Heaven that were covered in feces and urine and suffered from respiratory infections, kennel cough, and parasite infestation, according to court papers.

State dog-law officials have used the Almost Heaven case as an example of how they are cracking down on unscrupulous kennel operators.

Testimony begins Tuesday. The trial could last about a week.

Teddy Bean was rescued from Almost Heaven Kennels at the very end of June. This picture of him was taken days later, July 3, when I brought him home. Click here to see more recent pictures of him as a happy, healthy dog that's put the so-called "notorious" puppy mill behind him.
Official: Stench was overpowering at Pa. kennel

By MICHAEL RUBINKAM Associated Press Writer
Updated: 03/23/2010 03:55:45 PM EDT


ALLENTOWN, Pa.—The stench of urine at Almost Heaven Kennel overwhelmed Pennsylvania dog warden Kristen Donmoyer, stinging her eyes and making her feel like she was going to vomit. The heavy ammonia fumes drove her outside to catch her breath. When she got home that night, Donmoyer shed her clothes before going in—then took a long, hot shower.
"I'll never forget the smell," Donmoyer told jurors Tuesday. "I'll never forget it, ever. The smell of ammonia was sickening."

Donmoyer, a kennel-compliance specialist with the state Bureau of Dog Law Enforcement, described horrific conditions at the huge kennel outside Allentown during testimony against the owner, Derbe "Skip" Eckhart, who is on trial on animal cruelty and other counts following a 2008 raid.

Lehigh County prosecutor Jay Jenkins displayed a series of photos showing french drains brimming with excrement and stagnant liquid; kennel floors covered in feces; and dogs with filthy, matted fur. One photo showed puppies lying in their food dishes, evidently seeking out the cleanest, driest spot.

"This is the foulest thing I've seen at a kennel to date," Donmoyer told jurors, pointing to another photo. "These puppies had nowhere to go. They were laying in their excrement."

The dog-law bureau joined agents with the Pennsylvania SPCA on the raid at Almost Heaven, whose kennel license was revoked. Eckhart, who kept nearly 800 animals at the compound in Upper Milford Township, also faces

charges that he continued operating the kennel in defiance of the state's order to shut down.
On cross examination, Donmoyer acknowledged that Almost Heaven had passed inspection earlier in 2008. Donmoyer noted that Susan West, director of the Bureau of Dog Law, was at the kennel during a passing inspection less than two months before the raid.

"Do you see any notation there of dogs in wretched, deplorable conditions?" asked Eckhart's attorney, Jeff Conrad, referred Donmoyer to an earlier inspection report.

"No," Donmoyer replied.

Conrad showed the jury dozens of his own photos, ones intended to undercut the prosecution's claim that Eckhart ran a filthy kennel. All the images were taken on Oct. 1, 2008—the day of the raid.

Many of the photos portrayed tidy, clean cages stocked with food, water and toys. Others showed hoses, bottles of cleaning solution, a vacuum cleaner and a broom. Another portrayed a mother with her puppies nestled on clean bedding.

Conrad also raised some of the finer points of the state's kennel regulations, suggesting to jurors that wardens could be arbitrary and capricious if they wanted to be.

"There's a nasty old weed here," he said, referring to vegetation in one photo. "Could that be a violation if you wanted it to be?"

"Correct," Donmoyer said.

Conrad has suggested the case was concocted by headline-seeking animal-welfare officials, noting the raid drew heavy media coverage. He suggested the buildup of feces and urine took place during the course of the raid because agents prevented Eckhart and other employees of Almost Heaven from cleaning.

Donmoyer rejected that explanation. She said it was obvious the kennel hadn't been cleaned in a long time.

"That amount of feces doesn't accumulate in a few hours," she said. "It didn't just happen."
http://blogs.mcall.com/bill_white/

March 23, 2010
'I'll Never Forget it,' Warden Testifies


Here’s a quick update on this morning’s proceedings at the Lehigh County Court trial of Almost Heaven kennel owner Derbe “Skip” Eckhart. I’ll be otherwise engaged this afternoon, so I won’t be back until Wednesday.

My column this morning focused on the defense lawyer’s excellent opening statement, which suggested Skip is an animal lover who is being victimized by publicity-seeking government agencies. I noticed one juror nodding throughout lawyer Jeffrey Conrad’s opening, so I know it was resonating with at least one person up there, as it might have with me if I hadn’t known so much about Eckhart’s grisly record.

Today, reality began to intrude on the defense fantasy. State dog warden Kristen Donmoyer was the first prosecution witness, and she testified to the horrors of Almost Heaven on Oct. 1, 2008, the day the Pennsylvania SPCA raided the place and the basis for many of these charges.

Donmoyer said the smell was so disgusting everywhere she went, she felt like throwing up. In response to a question, she said she flung her clothes off as soon as she arrived home that night and scrubbed herself under a hot shower, trying to rid herself of that awful odor. “I’ll never forget it,” she told the jury. “Never.”

She said everything, including the dogs’ fur, was covered in feces or an amorphous sludge that combined mud, feces and urine. She said her experience in inspecting kennels, and owning dogs herself, told her this filth had accumulated over a period of days or weeks, not a few hours. She also said she and a colleague began taking photos as soon as they arrived early that afternoon.

When I left the courtroom, she still was providing commentary on the photos, which focused on Almost Heaven’s maintenance deficiencies and on the generally disgusting conditions.

Conrad’s opening made it clear that in cross-examining her and other prosecution witnesses, he’ll argue that the feces were the result of Almost Heaven workers being prevented from cleaning that day and that general conditions were what you would expect from a dog kennel that, thanks to the raiders, hadn’t been cleaned on schedule. As for any dogs that were in deplorable condition, he said in the opening, the soft-hearted Eckhart had accepted them in that condition and hadn’t had time to clean them up yet. Sort of a patron saint of ugly dogs

Considering that I just argued in a recent column that a vigorous defense is crucial to our system of justice, I’d be a hypocrite to criticize Conrad for providing just that, even if I don’t think much of his claims or his client. Their end of the trial got off to a very good start Monday, and I have no reason to believe Conrad's performance will falter as the case proceeds.

Ultimately, the question will be: Will the jury still be nodding by the end of the week?
'You gonna see turds? You betcha!'

http://www.mcall.com/opinion/all-white1-qt.7214430mar23,0,6261456.c...


Derbe ''Skip'' Eckhart, the misunderstood St. Francis of Assisi of the Lehigh Valley, went on trial Monday on animal cruelty and other charges.

They selected a jury in Lehigh County Court, and the lawyers delivered opening statements. My favorite quote, from Eckhart's folksy Lancaster area attorney, Jeffrey Conrad:

''Are you gonna see turds? You betcha.''

This case has been dragging on since the Pennsylvania SPCA raided Eckhart's inaptly named Almost Heaven Kennel of Oct. 1, 2008, and I can tell you that many of Eckhart's detractors are beyond impatient to see him punished.

But if you thought he would go quietly, think again.

''That fella right there is Derbe 'Skip' Eckhart,'' Conrad said by way of introduction during his opening. ''This fella right here loves dogs, loves critters, loves monkeys … The problem with this guy is that Skip can't say no to any mutt. That guy right there is just dumb enough to take your ugly dog.''

After Chief Deputy District Attorney Jay Jenkins' low-key explanation of the events and witnesses he'll be presenting, Conrad's passion was like a dash of icy water in the face. He claimed that Eckhart is the innocent victim of vile officials who were determined to gain media attention.

''Those folks at the Department of Agriculture [Bureau of Dog Law Enforcement] and the SPCA love money and they love headlines,'' he said. ''… What we have here is a man that loves animals and a government that loves headlines.''

My second favorite quote:

''He's the last bastion of hope for animals that have nowhere to go.'' That's one for the headstone.

Of course, I have a slightly different view. The events of October 2008 -- or June 2009, when Dog Law and the Humane Society of the United States raided Almost Heaven again -- don't represent isolated problems for a cuddly animal lover. Cited dozens of times over a period of several years for offenses relating to his kennels, including cruelty and raising dogs in unsanitary conditions, and jailed twice for not paying his fines, Eckhart established himself in the late 1980s and '90s as someone who was unwilling or incapable of caring properly for his animals.

In one of the most deplorable cases, he was successfully prosecuted for failing to provide sustenance for his 1-year-old dog that just had had a litter of 14 puppies. Only four survived.

His reputation as a dog breeder to avoid, for a variety of reasons, grew right up until Oct. 1, 2008, when someone finally did something about it.

I was there that day. Almost Heaven reeked to high, well, heaven, even from the street. And I talked to and heard enough people who were in there on Oct. 1 to know they were shocked by what they found.

Since I had been writing about Almost Heaven since 2002, documenting Eckhart's grisly history and complaints about conditions at his kennel and of dogs that had been under his care, I was delighted to see his puppy mill career crumbling in the months that followed. More than once, I proclaimed that long-awaited justice had been done.

But the truth is, it was just a very slow work in progress. Thanks in part to Eckhart's series of offered and withdrawn guilty pleas, the case has dragged on at the pace of glacial drift. Now it will be resolved, one way or the other.

Jenkins said he'll offer video, photographs and eyewitness testimony of what the PSPCA and Dog Law saw on Oct. 1, as well as veterinary testimony about what prolonged exposure to such filthy conditions will do to an animal.

Conrad said he has answers for every charge. For example, the handful of dogs that were in truly bad condition were rescue animals that had been dropped off days before, he explained. The videos will make the place look filthy because investigators locked down Eckhart's employees and wouldn't let them do their normal cleaning.

Turds? You betcha.

I have no idea whether the jury will decide Skip Eckhart is a lovable soft-hearted lunk or the architect of abject misery for generations of dogs and other animals. But based on what I saw Monday, it's safe to say they'll hear a spirited argument about it.

In briefly reviewing John Karoly's legal problems in a recent column complaining that he's still allowed to practice despite his criminal convictions, I explained that the state Disciplinary Board gave federal investigators evidence it had collected against him back in 2007. The board was investigating whether Karoly misused funds in his Interest on Lawyers Trust Account to cover personal and business expenses.

Karoly's lawyer, Robert Goldman, has denied that Karoly ever misused any of his trust accounts, and the board took no disciplinary action against him, according to public records.
Micky, our first foster who is now my GrandDoodle hopes that Skip rots in jail! These pictures were taken the day we brought Mickey home from the shelter where he was sent just before the raid. This little 4 1/2 month old LD was 11 lbs underweight, STUNK, horrendous case of kennel cough, infections everywhere and mange. He was so sick that he couldn't go to his forever home for 6 weeks! He was so scared (see how he wouldn't look at us) that he saw this mirror outside (DH uses to practice his golf swing) and thought, I guess, that the reflections were his siblings and layed on that step in front of that mirror for 3 days. He refused to leave it without me putting him on a leash.
Happy to report that 8 months later he is a happy, healthy Doodle. Still is not very trusting of people when he first meets them but his parents are working very hard on that.
Thanks for listening to our story.
Again - from the bottom of my heart, I hope Skip rots in jail!



This is heartbreaking. Too bad Micky couldn't "testify".....I'm sure he would "rot in jail" if the jury knew the story from the perspective of these sweet puppies. He's a beautiful "Grand Doodle".
Maybe some people in the area who have puppies rescued from his"kennel"will be allowed to testify.
I hope he rots in jail too. There is a special place (you know what I mean) for people like him....
Thanks for keeping us in the loop Jacquie.
Thank you so much for keeping us updated Jacquie! I really hope this guy gets what he deserves!
Thanks for the updates. I hope the jurors don't fall for the idea that he's an animal lover, and that he receives the punishment he deserves. There's no way they can see the photos and hear the stories and still think that the conditions were a result of not cleaning ONE day.
HERE ARE PHOTOS OF BLAKE WHEN HE WAS FIRST PULLED OUT OF AH.

He was 6 months old and 16 lbs! ( a good 8-10 lbs underweight)....He had sarcoptic mange, every worm you can imagine, coccidia, giardia and the worst ear infection in both ears that my vet has ever seen........He ate his own feces because he had been starved and had become accustomed to eating poop to survive.....The saving grace is that inspite of being so sick, neglected and abused, he was an angel from day one......I have rescued and fostered at least 10 AH survivors over the years and I must say that every one of these dogs was as sweet as can be inspite of all they had been through....

HERE IS BLAKE TODAY!

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