Former Creal Springs vet found guilty

One of the most important tenants of medical practice is, "Primum non nocere," or; "First, do no harm." The phrase means that given a problem, it may be more beneficial possibly to do nothing rather than risk causing more harm than good to a patient.

This was brought up during the closing argument of Assistant State's Attorney Joe Cervantes with Williamson Couny during the third day of the trial against former Creal Springs veterinarian Elisa Kirkpatrick.

After three days in court, Kirkpatrick was found guilty on 11 charges: one felony count of aggravated cruel treatment of an animal, four counts of practicing veterinary medicine without a valid license, one count of animal cruelty, and five counts of owner's duties. One charge was previously dropped by the state.

The day began with the state's cross examination of Elisa Kirkpatrick. Cervantes was brief in his questioning, focusing on Kirkpatrick's choices that led to the May 22, 2015 raid. During his cross examination, and later in his closing argument, Cervantes demonstrated that Kirkpatrick repeatedly and knowingly withheld her lack of a license from pet owners, knew not to perform surgery on her kitchen island and admitted that she was desperate for money.

During an interview with Captain Brian Thomas of the Williamson County Sheriff's Office Captain, Kirkpatrick admitted to being ashamed of the condition of her home. When asked by Cervantes why she had not taken one of the dogs that she had treated surgically to a licensed veterinarian, Kirkpatrick admitted to needing money to take care of various issues including the hiring of an attorney to regain her veterinary license.

As Kirkpatrick was the defense's final witness, both sides quickly proceeded into closing arguments.

The state went first, with Cervantes breaking down the charges against Kirkpatrick. Many of the points made in Cervantes' closing argument came back to the idea of "First, do no harm." Kirkpatrick, he stated; did not have a license and still performed surgeries, did not do anything to change the condition of her home, and did not provide proper veterinary care to the animals in her home. Cervantes mentioned a point of the defense's - that being in the presence of a veterinarian implies that veterinary care was being provided. However, as Cervantes claimed, being around a veterinarian does not prove or support the idea that care was provided. He went on to suggest that several of the animals in Kirkpatrick's care were in need of immediate care, or more care than she was capable of providing.

Cervantes went on to attempt to prove intent in several of the charges, by demonstrating through case law, that saying that the intended outcome of a dangerous situation was not intended, simply "veils a cruel act." He argued that intent to do harm was present, in Kirkpatrick's decision to perform surgery on an animal without proper pre-op care or in a regular surgical environment, as well as in her inability to properly clean the home that many of the animals were located in. Cervantes also repeatedly referenced Kirkpatrick's own admission - both in her testimony and in her interview with Thomas - that she was "desperate" for money.

Clemons refuted these points in his closing argument, saying that the proceedings were a "sad, sad case." Clemons asserted his belief that the charges regarding Kirkpatrick's surgical proceedings should have been charged as medical malpractice cases in civil court. In rebuttal, Cervantes asserted that a medical malpractice charge did not apply, as Kirkpatrick did not have a valid veterinary license. "This is a criminal charge…a serious charge," Cervantes said. During his closing argument, Clemons did not contest the four counts of practicing veterinary medicine without a valid license.

Clemons also suggested that the court disregard the testimony of Dr. Allen Hodapp, due to a lack of proper lab tests that would have proven Hodapp's conclusion that a dog he had examined that had been removed from Kirkpatrick's home had died of peritonitis brought on by the surgery. Clemons cited his client's 22 years of veterinary experience, referring to her desire to "save the life" of her patients, claiming that the state had "totally and completely failed" to prove intent. He also referenced character witnesses who referred to her as "caring…compassionate…dedicated…loving."

"She was trying to help these animals, not hurt them," Clemons said. "These charges are wrong."

In the early afternoon, Judge Brian Lewis rendered a guilty verdict on all 11 charges. Lewis stated his belief that Kirkpatrick had started with good intentions, saying, "This is a very, very sad case."

"At one time, she (Kirkpatrick) was a gifted, caring vet…at one point, she lost contact with rational thought," Lewis said. Lewis continued Kirkpatrick's bond. Before court was dismissed, the defense and prosecution agreed to return a shotgun belonging to Kirkpatrick's deceased father to a member of the family with a valid FOID card.

"We had hoped for a better result, especially on the felony count." Clemons said. "I felt that they had to prove what caused the death (of the dog)…the judge supported the position of the state, and that's how trials go." Clemons described the "best and worst cases" for sentencing, and hoped for probation, stating that Kirkpatrick had "no resources" to pay a fine.

According to Clemons, Kirkpatrick currently has a petition pending before the Illinois Department of Professional Regulation, which regulates many professions in the state. Kirkpatrick and her legal team will continue to pursue the case, which Clemons said could result in the reinstatement of her license. "That department looks at the whole person," Clemons said.

In a written statement, the office of the Williamson County State's Attorney expressed its pleasure with Lewis' ruling. "These are difficult and emotional cases to prosecute," the statement read. "For many of us, our pets are like family. When we take them for treatment, we expect people holding themselves out as veterinarians to be licensed and to treat these animals with humane care and treatment. The environment that they were found in was inhuman, and we are glad that we were able to convey that to the court."

Kirkpatrick will return to court for a sentencing hearing on Sept. 9, 2016, at 9 a.m.

Graphic photos withheld

<p>After the trial had concluded, the office of the Williamson County State’s Attorney had provided copies of evidentiary photographs to media, including The Marion Daily Republican. However, due to the graphic and disturbing nature of the photos, we have decided not to publish them in print or online. </p>