Vets: Muddy Paws Dogs Starved to Death

Two veterinarians said Thursday that the six dogs sent for necropsy from the site had died of starvation. Their statements came on the second day of testimony at Lake County Circuit Court.

Diane Eldrup is charged with 18 felony counts of aggravated animal cruelty and 18 felony counts of animal torture.

Dr. Ned Bartlett, a Winthrop Harbor veterinarian, provided details of his examination of three of the dogs discovered at the former shelter and boarding facility in Deer Park.

Under Assistant State’s Attorney Michael Mermel's questioning, Bartlett told the jury the three dogs he examined were severely underweight, weighing less than half of what would be normal for their lengths. He also said none of the dogs had any contents in their intestines, no food nor feces. He described the dogs as being in a state of cachexia, which he described as a wasting away of muscle mass, fat tissue, shrinkage of organs and wasting away of body mass.

Bartlett said that in his professional opinion, it would have taken a minimum of two months for the dogs to get to that condition.

Dr. Douglas Lyman, a veterinary pathologist from Wisconsin, testified that in his opinion, the three dogs he examined had starved to death as well.

Lyman explained that the fat in the bone marrow is one of the last reserves a dog would use up in a state of prolonged calorie deprivation. He said in normal dogs, the bone marrow fat would be 60 percent. One of the animals he examined, had just .087 percent.

Defense attorney John Curnyn's cross-examination attempted to introduce reasonable doubt by asking the veterinarians if parasites also could cause dogs to become emaciated. Bartlett said one of the dogs had one nematode on it. Bartlett said another dog had both heartworm and parasites, but the heartworm was not advanced and the parasites were not in sufficient numbers to explain the condition of the dog.

Curnyn asked veterinary pathologist Lyman if it was possible an animal could become emaciated if it were not fed regularly. Lyman agreed it could. Curnyn also asked if it was possible that an animal could have a rare disease that the examinations didn't find. Lyman said it is possible the technology used may not detect a disease.

At the close of testimony for the prosecution, Curnyn asked the judge for a directed verdict, in which the decision would be taken out of the hands of the jury. He said the prosecution did not meet its burden of proof.

"For animal torture, the people have to prove that Diane Eldrup intended to cause pain and suffering of the animals. They have failed to do that. It's a great leap across the Grand Canyon to get to that point," Curnyn said.

Curnyn also said the prosecution did not meet the burden of proof for aggravated animal cruelty.

Mermel countered that ample evidence was provided that Eldrup intended prolonged suffering and agony.

"The two dogs did not put themselves in the closet … the law does not require that she tell the animal warden 'I'm hiding (the dogs) and prolonging their agony,' " Mermel said. He was referring to humane investigator Cindy Williams’ testimony that two dogs were found in carrier crates, placed in a closet, with the openings toward the wall; there was neither food nor water in the crates.

Judge James Booras denied Curnyn’s motions for a directed verdict. He said there was sufficient evidence of intent. He pointed to testimony that Eldrup was hiding the dogs from animal control and that a witness recalled Diane Eldrup telling her "these dogs ruined my marriage.”

Curnyn will bring witnesses for the defense. The first witness expected to be called is Kurt Eldrup, Diane Eldrup's estranged husband.