A portion of the money that John Breseman posted last December will be used to care for the four surviving dogs that were found emaciated at the Muddy Paws animal shelter operated by Diane Eldrup. The rest of the money will be used for child support, a trust fund for Eldrup’s 9-year-old son, and attorneys’ fees, the judge said.
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| Too bad, so sad John Bresemen. You and your partner, veterinarian Dr. Debra Rykoff, decided to take a stand and defend your friend against horrific charges. She's GUILTY, you lose. |
“This is ludicrous,” Breseman could be heard to say in the hallway outside the courtroom following the ruling. Breseman could not be reached for additional comment.
Breseman checked a box on the bottom of the bail ticket that says that all bail money can be used for restitution, child support, court costs, and attorneys fees, according to prosecutors.
Eldrup, 49, was convicted on Sept. 8 of aggravated animal cruelty and animal torture for allowing dozens of dogs to starve to death in locked cages. The court ruled she could spend nights in jail for the next 30 months. Later, the judge reduced the sentence to 18 months.
She is allowed to leave the jail during the day for work, mental health treatment, and to visit her son.
Breseman filed for Chapter 13 bankruptcy three days before posting Eldrup’s bond, according to court records. Assistant State’s Attorney Suzanne Willett urged Judge James Booras to make sure that whatever money was not used for fees, restitution or child support, remain in a trust for Eldrup’s son so that it was not collected by Breseman’s debtors.
Eldrup was arrested in December 2010 and friends veterinarian Dr. Debra Rykoff and John Breseman posted $25,000 in cash for her bond within hours of her original court appearance.
A prosecutor, Eldrup's defense attorney and a lawyer for her estranged husband gathered Monday before Circuit Judge James Booras to present a variety of claims for the money.
Assistant State's Attorney Suzanne Willett told Booras $6,034 has already been subtracted from the bond to pay Eldrup's court costs.
Willett asked that $2,160 be given to the village of Deer Park and $1,831 go to the Lake County Health Department to cover their expenses in dealing with the case.
Defense attorney John Curnyn said he would not object on his client's behalf to those two payments and also requested $5,000 for his fees in the case.
Waukegan attorney John Joanem, who represents Eldrup's husband in divorce proceedings, asked Booras to allocate funds from the bond to cover back child support payments Eldrup owes the couple's 9-year-old son and to fund a trust account for the boy established by a family court judge.
Joanem said he estimated Eldrup was 35 weeks behind in her court-ordered payments of $58 per week and asked that an additional $10,000 be deposited in the trust account.
Curnyn objected to both those requests, saying he believed his client was closer to $1,000 behind in her child support than the $2,030 Joanem projected.
Curnyn also said he believed funding of the trust account was a matter better left to the family court judge.
Booras said he was reluctant to "Turn his court into a family court," and told Joanem and Curnyn to resolve the back child support issue between themselves.
He granted Willett's requests for the restitution, Curnyn's request for fees and said any money left over after the back child support issue was settled should be deposited in the trust account.
Also on Monday, Booras reaffirmed his decision from a hearing earlier this month saying Eldrup could continue working in the home of an elderly Des Plaines couple but was not to be left alone with the man who suffers from dementia.
Curnyn said his client's job at the home was a temporary one and was likely to end sometime around Christmas.
(Daily Herald - Dec 12, 2011)
Earlier:
- Illinois: 18 dead dogs found at Deer Park rescue called Muddy Paws; owner Diane Eldrup arrested
- Illinois: Most of the 17 dead dogs found at Muddy Paws Dog Rescue were found inside living area of house, says attorney
- Illinois: Diane Eldrup, owner of Muddy Paws Dog Rescue, faces 32 counts of animal cruelty
- Illinois: Investigators searching for more dead animals at Diane Eldrup's Muddy Paws Dog Rescue facility
- Illinois: What Diane Eldrup's husband Kurt Eldrup saw inside Muddy Paws Dog Rescue concentration camp
- Illinois: Editorial "Many failures led to animals being abused and killed at Diane Eldrup's Muddy Paws Dog Rescue"
- Illinois: Diane Eldrup and Muddy Paws Dog Rescue mess dates back to 2009
- Illinois: Diane Eldrup, 48, denies newest charges in animal abuse case
- Illinois: Veterinarian Dr. Debra Rykoff and John Breseman who run Fur Keeps Animal Rescue posted Diane Eldrup's $25,000 bond - now they're complaining that people are mad at them
- Illinois: Muddy Paws Dog Rescue, where animals suffered and died at the hands of Diane Eldrup, 43, has been demolished
- Illinois: Animal abuse trial for Diane Eldrup, 48, owner of Muddy Paws Dog Rescue, scheduled to start next week
- Illinois: Prosecutor says Diane Eldrup, owner of Muddy Paws Dog Rescue, lied
- Illinois: Muddy Paws Dog Rescue owner Diane Eldrup, 48, found guilty by jury
- Illinois: Muddy Paws Dog Rescue owner Diane Eldrup gets 30 months for animal cruelty
- Illinois: Muddy Paws Dog Rescue owner Diane Eldrup gets a whole year taken off her jail sentence
- Illinois: Judge wants review of Deer Park animal abuser Diane Eldrup's job
