Ex-kennel owner has served 3 months of 6-23 month sentence for animal cruelty.
August 12, 2010|By Kevin Amerman, OF THE MORNING CALL
A Lehigh County judge has decided not to throw former kennel owner Derbe “Skip” Eckhart a bone, ruling Eckhart should remain caged on animal cruelty charges.
Eckhart, 42, on Monday petitioned Judge Robert L. Steinberg to reconsider his six-to-23-month prison sentence that began in May, even though Eckhart has admitted assaulting a prison guard days after reporting to Lehigh County Prison.
Eckhart’s attorney, Jeffery Conrad of Lancaster, argued that the sentence is “excessive” and said probation is more appropriate, especially because the animal cruelty charges aren’t “violent crimes.”
Conrad said probation or house arrest “would best serve the interests of justice” and allow Eckhart to seek counseling and employment so he could “continue to contribute to society.”
In the alternative, Conrad asked Steinberg to set bail for Eckhart so he can remain free until the state’s Superior Court rules on an appeal of the conviction. Eckhart has served less than three months.
Steinberg denied both motions this week without elaborating through written opinions.
Conrad couldn’t be reached for comment Thursday.
Now that Steinberg has ruled on the post-sentence motions, originally filed May 28, Eckhart can appeal his conviction to Superior Court.
Eckhart entered prison May 18. A jury in March found him guilty of two counts of animal cruelty and three counts of violating a cease-and-desist order that barred him from taking new dogs into his Almost Heaven Kennel in Upper Milford Township.
Eckhart pleaded guilty to simple assault last month, admitting he punched corrections officer Darrel Massini in the stomach May 22, four days into his sentence. But Eckhart insisted he doesn’t recall the incident because he was detoxing from Fentanyl, Xanax and Percocet, which he says were prescribed to him.
Conrad said Monday Eckhart has been a “model prisoner” since the assault.
Judge James T. Anthony sentenced Eckhart to two years’ probation for the assault, meaning Eckhart will serve a total of 61/2 years of probation after he’s released.
Steinberg said the assault could delay Eckhart’s parole.
Do I smell a tiny bit of justice for once?