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JURY ONLY FINDS A.H. - GUILTY OF TWO, ACQUITTED ON 4 COUNTS OF ANIMAL CRUELTY
http://www.mcall.com/news/breaking/all-eckhart-032910-cn,0,4814039....http://www.mcall.com/news/breaking/all-eckhart-032910-cn,0,4814039....
A Lehigh County jury has begun deliberating the animal cruelty case of former kennel owner Derbe "Skip" Eckhart after hearing closing arguments in the six-day trial.
Eckhart's defense attorney told the jury this morning 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.
Copyright © 2010, The Morning Call
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UPDATED...5:00P.M.
The jury returned briefly to the courtroom shortly before 5 p.m. and the
foreman told Judge Robert L. Steinberg that some jurors remain
"steadfast" in their opinions about some of the charges that have not
yet been resolved.
Asked by Judge Robert L. Steinberg if it would help to take the rest of
the day off and return tomorrow morning, the foreman said, "I think we
still might be stalemated on a couple of these charges."
The jury has returned to its deliberation room.
The jurors had been deliberating for nearly three hours when they sent
two questions to Steinberg, saying they can't come to an agreement on
some charges, and asking how long they should deliberate.
The prosecution and defense have both asked that the jury of seven men
and five women continue deliberating.
The jury also requested the wording of a state law regarding the
revocation of a dog kennel license.
The jury is considering eight animal cruelty charges and five dog law
violations filed against Eckhart, who owned Almost Heaven Kennel in
Upper Milford Township before it was shut down in June 2009.
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.
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.
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Replies to This Discussion
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Permalink Reply by HANNAH 8/2/07 & HONEY 7/2/08 on
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The jury deliberating charges against Derbe "Skip" Eckhart in is animal cruelty trial, has apparently reached an agreement on some, but not all of the 13 charges being considered.
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Permalink Reply by Nancy, Ned, Clancy, and Charlie on
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Not enough guilties yet!
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