Kristen Lindsey moves to strike expert testimony from court records and has requested a partial retrial, Tiger’s Justice Team News posted on Facebook June 8. The attorney for Lindsey, Brian Bishop, is asking the State Office of Administrative Hearings (SOAH) to allow a partial new trial or to allow additional evidence supporting Lindsey be allowed, pursuant to and in accordance with Tex. R. Civ. Proc. §324.
Client and attorney are challenging the integrity of Dr. William Folger. Although Folger never testified under oath (or otherwise) that Tiger was dead in the photo, he wrote a commentary for VIN while under the impression that the pic was taken several hours after Tiger was shot. He later said he believed Tiger was still alive because the front paws were extended and turned inward, indicating Tiger still had control over his muscles at that time. Tiger’s mouth was closed in the photo, and would most likely have been open in death due to relaxation of the jaw muscles. Dr. Folger stated at the hearing
“Actually, when I first saw this photo, I assumed that the only way that this could have happened is from postrnortem changes and the onset of rigor mortis, yes. But rigor mortis doesn’t even start until 30 minutes after the cat is dead. And rigor mortis wouldn’t fix this cat like this for at least two hours. And as I recall yesterday, from the testimony, the – this photograph was taken five minutes after the cat was shot with the arrow.”
Dr. Folger based his conclusion of Tiger being dead on what was at the time the best photo image of Lindsey holding up Tiger with the arrow through Tiger’s head. There are only two explanations of the position Tiger was in, one being rigor mortis and the other voluntary muscle control. Since Tiger was shot only 5 minutes before Lindsey’s mother took the photo, whether or not Tiger was still alive is important.
To undermine Dr. Folger is like the pot calling the kettle black, as both Lindsey and Bishop have made contradictory sworn statements on this case. These include whether Lindsey is employed or unemployed and whether Bishop is working pro bono on the case or being paid for his services. Lindsey has given her reason for killing Tiger because he was rabid, he attacked Lindsey’s cat, wildlife depredation control, employer/landlord issues and the supposed feral cat menace.
The hearing is over. Tiger’s New Team reported this ‘newly discovered’ evidence has been available to the public for over a year. Their belief is if Bishop had prepared his case well, he could have to present it at the Austin hearing in April or filed an objection to Dr. Folger’s testimony before the actual trial had ended. The closing briefs for Lindsey’s license revocation are due this week. Their Facebook page stated
“Perhaps Bishop’s latest diversionary tactic was triggered by a realization that his client’s case is weak at best. In our opinion, Bishop’s latest effort further displays his inept handling of the case, and Lindsey’s narcissistic refusal to accept the consequences of her actions. Team Lindsey has exposed its lack of preparation for the SOAH hearing and nothing more.”
On her most recent charge, Lindsey’s next court date in her March drunk driving charge is scheduled for July 13, 2016. For updates on Kristen Lindsey, Tiger’s Justice News Team has the most accurate information.