Judge steps down from case

A stalled animal cruelty trial involving the owner of southwest suburban animal rescue facility was delayed again Wednesday when a Cook County judge recused himself, sending the case back to pre-trial status.
Judge Christopher J. Donnelly last month granted a mistrial for Dawn Hamill, 42, owner of Dazzle’s Painted Pasture’s Animal Rescue and Sanctuary near Tinley Park after learning that the lead investigator and state witness had been arrested on federal extortion charges in an unrelated matter.
At the same hearing April 9, Donnelly read aloud to the court an anonymous letter he received asking him not to dismiss the case in light of the investigator’s arrest. The letter also suggested that a surprise inspection be made of Hamill’s facility, which is still licensed and operating.
At the time, Donnelly called the letter “ridiculous” and said he read it to notify all parties of its existence and to tell the letter’s writer that such communication is inappropriate and that it should be stopped immediately.
In the Markham Courthouse Wednesday, when Hamill’s new trial was set to begin, Donnelly said after additional consideration, he felt the letter should be handled in a more serious manner.
“I thought it was most appropriate for me to recues myself,” he said.
Hamill’s attorney, Purav Bhatt, said Donnelly had notified him of his intent to remove himself from the trial proceedings because of the letter.
“He’s supposed to make his decisions based on the evidence that he hears and not any outside influence,” Bhatt said.
The case was reassigned to Judge Anna Helen Demacopoulos, who set a pre-trial motion hearing for May 29. “I’d like to move this along as quickly as possible,” she told both parties.
Bhatt said he plans to file a motion requesting the option of a jury trial. The previous trial, which had only progressed one day before the mistrial, was a bench trial.
He said Wednesday that he is unsure if his client will request a bench or jury trial going forward, but it is a strategic decision worth revisiting because of the anonymous letter and because of the arrest of the state’s lead witness.
Less than a week after testifying March 7 about the conditions he found at Hamill’s animal rescue facility during last year’s raid, Cook County Sheriff’s investigator Lawrence A. “Larry” Draus was arrested as part of a two-year federal undercover investigation that also involved his son, Lawrence E. “Eric” Draus.
A 35-year veteran of the department, Larry Draus was charged in a federal complaint with accepting a $10,000 cash payoff in exchange for agreeing to protect an illegal cigarette operation.
It’s still unclear whether information about Draus’ arrest will be allowed in the new trial.
“That is going to be up to the judge to decide,” Bhatt said. “I’m certainly going to try.”
Hamill is charged with misdemeanor neglect of owner’s duties and cruel treatment resulting from the February 2011 raid of her facility. During the raid, the sheriff’s office and animal control removed more than 100 animals from the property because of poor living conditions, officials said. A dead miniature horse and dead Himalayan cat were found at the rescue facility.
Bhatt said he is undecided if he would file any additional motions. Hamill’s attorneys have previously attempted have a search warrant used to raid her facility in February 2011 thrown out.