Community Corner

Muddy Paws Owner Unlikely to Go to Jail

Illinois rated best state for animal protection, yet most animal abusers don't serve time.

It's unlikely that Diane Eldrup will serve any jail time if convicted on charges of animal cruelty and torture for starving to death 17 dogs and three birds at the Muddy Paws facility in Deer Park, according to Lake County Assistant State’s Attorney Michael Mermel.

The aggravated cruelty charge is only a Class 4 felony with at most one to three years (jail).  With no prior, you would get probation. It’s less of a crime than stealing $150 at Sears (according to the law),” Mermel said.

Eldrup is charged with 16 counts of aggravated animal cruelty and 16 counts of animal torture. Animal torture is a Class 3 felony, with a maximum punishment of two to five years in jail. However, with no prior history, a person convicted of a Class 3 felony would get probation, Mermel said.

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Eldrup is free on a $25,000 bond posted by John Breseman, of Algonquin, shortly after her arrest in late December.

Eldrup’s next hearing is on Feb. 22. Her new attorney John Curnyn said he hasn’t determined whether to plea or take the case to a jury trial.

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“I have no idea where it’s going. I have to get police reports and discovery from the prosecutors,” Curnyn said.

Curnyn said Mermel’s statements were “optimistic for a prosecutor.”

Mermel doesn’ expect the case to drag on.

“I’ve been doing this for 35 years and I have a good handle on what is a strong overwhelming case . . . She was the only one operating Muddy Paws. To prove who’s responsible is really quite simple,” Mermel said.

“If I was her attorney I would have her plead guilty. The dogs died horrible deaths stacked in pet carriers, packed on top of each other and left to die,” Mermel said.

“Obviously there is a mental issue or some component of craziness,” Mermel said. “There’s not a lot of money in pet rescue, it’s not a money making proposition. At one point her heart was very big.”

Mermel described Eldrup as a “Dr. Jekyll and Mr. Hyde.”  He said witnesses have made statements that she said the dogs ruined her life.

Ashley Mauceri, deputy manager of animal cruelty investigations for the Humane Society, said “In my experience, people don’t often serve jail time for animal-related offenses.”

“In a lot of these cases, if not all, it has to be a pretty grievous, violent attack to see somebody get jail time,” Mauceri said.

Mauceri said, in most states, animal neglect charges would be misdemeanors.

“The fact that you can be charged with a felony in Illinois is a big deal,” Mauceri said.

In December 2010, the Animal Legal Defense Fund ranked Illinois as the best state for its animal protection laws, or the worst state in which to be an animal abuser.

One of the reasons Illinois gained the top spot – above other high-rankers, Maine, Michigan, Oregon and California – was due to the availability of felony penalties for cruelty, neglect, fighting, abandonment and sexual assault.

The Illinois Humane Care of Animals Act also provides for mental health evaluations and/or counseling for offenders.

“It is effective to have counseling to prevent recidivism,” Mauceri said. “It’s a great idea, especially in rescue or hoarding situations, when it is so clearly mental issues and so obviously something is wrong there.”


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