State attacks witness credibility in Day 3 of Alpha Tex trial - KCBD NewsChannel 11 Lubbock

State attacks witness credibility in Day 3 of Alpha Tex trial


The Alpha Tex trial continues for a third day as the Smiths continue to fight for custody of dogs that were seized back in September.

Thursday morning, the Smith's attorney, Paul Holloway, put their first witness, Penny Kelso, a veterinarian in Lubbock, back on the stand.

Kelso testified that she had visited the kennels for the first time this week, and from what she saw the kennels were in good shape. She said the dogs still on the property, like the house pets, were in excellent condition.

In response to testimony from a veterinarian yesterday saying dozens of the dogs tested positive for diseases like heartworm, Kelso told jurors that she expected to see dogs with heartworms in a kennel of this size. When shown pictures of dead dogs and bones left on the property, Kelso said it was possible dogs could have dug them up.

The State's attorney Donald Feare then began questioning Kelso's credibility. He told jurors Kelso had three reprimands from 2004 to 2009 brought against her from the Texas Board of Veterinarian Medical Examiners. The one in 2004 included a case where she left four puppies inside the uterus of the dog after a c-section.

In response to these violations the defense told jurors that in all her years of practice Kelso had only had one violation that dealt with veterinarian practices. Feare argued that since the it was the veterinarian board who gave the violations, they were all related to veterinarian practices.

Just before noon, Alpha Tex employee Efrian Montes took the stand.

He told jurors he believed the kennels were run in a good manner, and that he took pride in the kennels as if they were his own. Montes told jurors his job was to clean the pens and feed the dogs, but that he was away for two weeks in September when the dogs were taken. That's the same time one of the owners, Mark Smith, was injured and couldn't look after the dogs as he used to.

Several other people took the stand, like Randy Smith, Mark's brother and former employer.

Finally, around 4:45 p.m., Mark Smith took the stand for preliminary questioning. He told jurors Alpha Tex started in 2001. He stated in 2010, Alpha Tex's gross income was $19,000 and on average he spends $8,000 each month on vet supplies, food, employees and other expenses.

Testimony will continue Friday morning. Judge John B. Board says the trial will end sometime Friday, because it can't continue on into next week.

KCBD will continue to bring you the very latest details on the trial as we get them.

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