By AL LAGATTOLLA For Kane County Chronicle

ST. CHARLES – An Aurora man’s animal cruelty trial will go on as scheduled, but the dog he is alleged to have abused has recovered.

Magda, a lab and shepherd mix, “is wonderful” and has been placed in a new home, Mary Lawrie, an administrator with Kane County Animal Control said Wednesday outside of a courtroom at the Kane County Judicial Center.

Phillip A. Rinn, 42, was indicted in December on one count of cruel treatment and one count of aggravated cruelty to the dog, which suffered broken teeth.

“The dog has recovered well from oral surgery and its injuries and is happily residing with its new owner,” Lawrie said. “It was a perfect match.”

Lawrie would not provide details about the dog’s new home, saying she will not release that information.

Rinn was in court Wednesday on a motion to dismiss the case because several notices were not filed. His attorney, Ned Khan, said the state’s attorney’s office did not file these notices properly.

Assistant State’s Attorney Alex Bederka argued in front of Associate Judge James C. Hallock that Rinn gave up all rights to the animal in a petition filed on Dec. 30.

Hallock agreed with Bederka, denying the motion. There then was contention over whether Rinn should be responsible for the costs associated with treating and caring for the dog, bills that Lawrie estimated at $2,600, including veterinarian bills.

Hallock said the state had not shown evidence of the bills. But if Rinn is found guilty, he might have to pay.

“It was a civil action in a criminal court, which is unusual,” Khan said outside of the courtroom.

Rinn’s next appearance, which is set for Feb. 10 in front of Kane County Circuit Judge Timothy Q. Sheldon, will include an attempt by the state to increase his bail. Rinn is free on $1,000 bail, having paid the $100 bond, on what originally was a misdemeanor. Now that the charge is a felony, Bederka said, the state will seek a higher bail.

According to court records, Rinn was convicted of misdemeanor animal cruelty in 1993 in another incident in which he dragged a dog to its death behind his car.

Outside the courtroom, there was a group of people carrying signs calling for Rinn’s conviction.