Muddy Paws Defense Says Dog Deaths Not Intended

Prosecutors say Diane Eldrup, the woman being tried for animal cruelty, left the dogs at Muddy Paws "to die a slow and agonizing death."

Assistant State's Attorney Michael Mermel, who is co-prosecuting the case, told the jury that the 18 counts were for the 14 dogs found dead and four more survivors found at Muddy Paws, a former boarding facility and rescue in Deer Park, on Dec. 16.

The prosecutor's statements was part of opening statements by prosecution and defense in the Muddy Paws animal cruelty trial that gave an indication of how both sides will plea their case.

Eldrup is charged with 18 counts of aggravated animal cruelty, a Class 4 felony with a maximum punishment of one to three years in jail, and 18 counts of animal torture, a Class 3 felony that carries a maximum jail sentence of five years.

After the initial discovery but that evidence will not be discussed at trial.

Mermel told the jury in opening statements they would hear medical testimony that the dogs starved to death.  He told the jury that Diane Eldrup put two of the dogs in carriers in a closet, with the opening facing the closet wall, with no food nor water.

Mermel said the evidence cannot show whether Diane Eldrup lived at the site everyday, however she was the sole operator of Muddy Paws, which was a combined residence and dog kennel.

Mermel said the dogs were found in varying states of decay and that the four found alive were emaciated.

“On Nov. 16, she said she got rid of all her dogs because they ruined her marriage,” Mermel said.

He said medical experts would not be able to determine an exact time for when the dogs died.

“The doctors will explain in no uncertain terms that it takes months to be in this condition,” Mermel said.  He explained that in the process of starvation, the body relies on its reserves and so tissues become consumed in a certain order.

Mermel said six of the dead dogs were sent to a medical expert for necropsy, which is the canine equivalent of autopsy.

He told jurors they would hear the details from the witness stand.

John Curnyn, defense attorney for Diane Eldrup, told the jury that the state has the burden of proof – the prosecution has to prove aggravated animal cruelty and animal torture.

“Mr. Mermel tells his version. Things do not always appear how they are,” Curnyn said.

Curnyn told the jury that Eldrup took in dogs that no one else wanted.

“She was not motivated to increase their suffering,” Curnyn said.

Curnyn said she was in the process of a divorce from her estranged husband Kurt Eldrup. Mermel objected to the statement, saying Curnyn was ordered by the court not to bring issues relating to her mental state or any hardship.

Judge James Booras excused the jury and reprimanded Curnyn. Booras told Curnyn he was disrespecting the court.

When the jury returned, Curnyn finished his opening statements. He said the jury would hear evidence that Eldrup cared for animals.

“This was not an intentional crime; she did not intend the consequences. There were choices made, probably. There was neglect, could be . . . At the end I will ask you to find Diane Eldrup not guilty,” Curnyn said.

After opening statements, the prosecution called the first witnesses, Officer Nick Baibus of the Kildeer Police Department, who initially found the dogs with Kurt Eldrup on Dec. 16, 2010; and Cindy Williams, a humane investigator from Lake County Animal Control, who provided details of the state of Muddy Paws on Dec. 16, the facility, the dead dogs and the surviving dogs.

Check Patch later for more coverage of the Muddy Paws trial.