Bow-killing veterinarian's motion for new trial denied

Kristen Lindsey, DVM, the Texas veterinarian infamous for shooting a cat with a bow and arrow, has been denied a partial retrial, according to court documents. In June 2016, Lindsey's lawyer filed a motion for a partial new trial and to strike the testimony of an expert witness who testified on behalf of the Texas Board of Veterinary Medical Examiners (TBVME).

During the administrative hearing, William Folger, DVM, MS, DABVP (feline), feline regent for the American Board of Veterinary Practitioners, was called to discuss the markings of the cat in question and the pain and suffering it had likely experienced. He also testified that he believed the cat was still alive when Lindsey posed for the photo, based on its positioning, local media reported at the time of the hearing. Lindsey had maintained that the cat died instantaneously in her testimony.

On July 18, the administrative law judges assigned to the case denied Lindsey's motion, stating that she had failed to show good cause to grant the motion and that the motion for the partial new trial was premature. "Pursuant to the Administrative Procedure Act, a motion for rehearing must be filed ‘no later than the 25th day after the date the decision or order that is the subject of the motion is signed.’ No decision or order concerning this case will issue until the Proposal for Decision is issued, reviewed, and acted upon by the Board," the order states.

Though there was a crush of public outrage from all corners of the world, an Austin County grand jury found there was insufficient evidence to charge Lindsey with criminal animal cruelty in connection with her actions. However, the TBVME found her in violation in the Veterinary Practice Act and started the process to revoke her license. Michelle Griffin, the TBVME's attorney, tells dvm360 that at the earliest the administrative law judge's proposal for decision could be considered and voted on at the next TBVME board meeting on October 18, 2016. However, the board expects the case will not be heard until the January 24, 2017 full board meeting.

http://veterinarynews.dvm360.com/bow-killing-veterinarians-motion-new-trial-denied