Arraignment delayed in dog abuse case

A Deer Park woman accused in the deaths of several animals at a shelter she ran did not enter a plea Tuesday at her scheduled arraignment in Lake County Circuit Court.

An attorney who said he planned to represent Diane Eldrup in the case told the judge he would have to make sure the case would not conflict with other matters on his schedule after prosecutors announced they wanted to quickly move Eldrup's case to trial.

Eldrup, 48, was charged with aggravated cruelty to animals and animal torture after officials found the corpses of 20 dogs, three birds and an opossum on the grounds of the Muddy Paws Dog Rescue in the 2000 block of Rand Road.

Assistant state's attorneys Michael Mermel and Suzanne Willett said they want to schedule a trial for Eldrup, who is free on $250,000 bond, as soon as possible but cannot ask for a trial date until Eldrup enters not guilty pleas to the charges.

Sheldon Sorosky, lead defense counsel in former Gov. Rod Blagojevich's second trial on corruption charges now set for April 20 in federal court in Chicago, told Circuit Judge James Booras he wanted to represent Eldrup but could not formally agree to do so without checking his schedule.

Booras told the attorneys to return to court today, and said Sorosky should be prepared to enter a plea for his client if he remains on the case.

John Joanem, an attorney representing Eldrup's husband Kurt Eldrup in a divorce proceeding, asked Booras to issue an order allowing his client to take possession of any clothing Diane Eldrup may have for the couple's 8-year-old son.

But Sorosky said all the boy's clothing was in the living quarters attached to the shelter, and Mermel said everything in those buildings was rendered “completely toxic” by the massive accumulation of animal waste on the property.

Joanem said he would file a motion with the judge in the Eldrup's divorce case to release some of the $25,000 in cash posted for Diane Eldrup's bond to his client in order to buy the boy some clothes.

Booras also received a report from probation officials saying they have not been able to verify where Diane Eldrup has been living since she was released from jail. She also has not surrendered her passport as ordered Dec. 20.

Booras ordered Eldrup to report to the probation department immediately after the court hearing Thursday to resolve both issues or face a possible increase of her bond.

Finally, Eldrup announced to the court she does not claim ownership rights to four dogs and two cats found alive at Muddy Paws when she was arrested Dec. 17. Those animals were taken into custody by the county's health department.

Mermel said her admission clears the way for animal control officials to offer the animals for adoption.