But Associate Circuit Court Judge Elizabeth Flood refused to let Fiebelkorn have documents from the state's attorney's office related to its investigation of the former animal control director, Robert Sauceda.
Fiebelkorn, of Elgin, was charged in March with misdemeanor animal cruelty and neglect, after officials removed more than 90 animals from her custody. They did so after finding 12 dead animals, including horses, at farms she rented in Maple Park and Hampshire. Fiebelkorn also had donkeys, goats, llamas, alpacas, turkeys, chickens, ducks and rabbits. Many of the animals were part of The Mini Zoo Crew, a traveling petting zoo she and her mother owned.
Sauceda reported another horse had died March 17. But in June, Fiebelkorn's attorney, Jamie Wombacher, disputed that while explaining why she should receive documents from the county and the state's attorney's office about Sauceda. She cited sheriff's reports from May 5 and 6 about an investigation into an allegation Sauceda had said the horse was dead, when it was not. In mid-March, Fiebelkorn was fighting the seizure of her animals.
"According to the (May 5) report, Sauceda was aware that the horse was recovering, and knew that it would be hidden from public record so the 'abusive owner' would not get the horse returned to her,'" her motion stated. Wombacher wrote that the May 6 report said Sauceda showed a cellphone video of the horse, alive and well, to an animal control employee, and that a veterinarian who had treated some of the horses was involved in the matter.
The information could be used to cast doubt on the credibility of Sauceda as an investigator and witness. The veterinarian is also listed as a potential witness for the prosecution.
Sauceda was placed on administrative leave May 1, and quit May 7 over internal personnel issues.
Flood reviewed all the requested documents in private the last few weeks before making her decision Tuesday.
Flood ordered the release of a three-page email about an application for a grant to pay for the animals' care, including a request for the number of live horses; a nine-page email with results of necropsies on horses; a one-page email March 16 from Sauceda to health department Director Barb Jeffers, his supervisor; a two-page email on March 5 from then-Lt. Patrick Gengler of the sheriff's office to Sauceda; portions of two batches of handwritten investigatory notes; and six pages of other notes.
The documents are not publicly available; they were given to Wombacher to prepare her case.
Wombacher also told Flood Tuesday that she has asked the state's attorney whether it wants to settle the case with a negotiated plea.
Fiebelkorn's next court date is Dec. 1.
(Daily Herald - Oct 19, 2014)
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