Prosecutors drop dog abuse case

For nearly two years, Wieslaw Ziejkaw has lived under the suspicion that he killed his dog.

While not exactly exonerated in court Monday, the Polish immigrant now living in Wood Dale won't have to face prosecution for the death of his 10-month-old Labrador mix.

DuPage County prosecutors dropped the animal cruelty case after material witnesses failed to appear in court.

Ziejka's attorney, Steven Kozicki, said prosecutors had no evidence of any wrongdoing by his client and were basing the charges solely on the opinions of neighbors who claimed to have witnessed the abuse. He said he was certain if the case had made it to trial, his client would have been declared not guilty.

"I think the neighbors saw a certain set of facts and drew illogical conclusions," Kozicki said. "The truth is, he didn't kill his dog."

Neighbors told police they saw Zeijka beat the dog with a broom handle, but Kozicki said his client tried to explain to police that he merely shooed the dog out of the house with the broom after it became sick inside. Ziejka doesn't speak English, and Kozicki said he believes the police investigation was hampered by an inability to communicate properly.

Kozicki said the veterinarian who euthanized the dog in September 2006 had no suspicions of malfeasance and the dog's sudden kidney failure was eventually explained in a letter from Costco.

The letter arrived in April 2007 warning the Ziejka family that the dog food they normally bought was among a dozen or so brands manufactured in China recalled after they were found to contain toxic wheat gluten. Kozicki said Costco keeps records of customers' purchases.

Veterinary organizations reported more than 100 deaths nationwide among nearly 500 cases of kidney failure linked to the tainted pet food from China.