DA RE-EXAMINING CHARGES AGAINST VET.

Byline: Karen Maeshiro Daily News Staff Writer

Prosecutors said Monday they will review evidence from a state administrative hearing before deciding whether to drop animal cruelty charges against veterinarian Larry Bosma.

Larry Bosma has been cleared by the state veterinary board of charges he negligently treated a pregnant goat whose offspring died during delivery in June 1994, but he still faces a misdemeanor charge of animal cruelty. That criminal charge was filed independent of the board's proceedings.

``The findings of an administrative law judge are the findings of one person,'' Deputy District Attorney Kelly Cromer said. ``We are going to review the testimony ourselves. We'll see what we feel the evidence showed.''

The Board of Examiners in Veterinary Medicine on Jan. 15 adopted the administrative law judge's finding that the evidence against Bosma did not establish cause for disciplining him.

Cromer and Bosma's criminal defense attorney, Michael Eberhardt, sparred in court Monday about whether there was an agreement to dismiss the criminal charge - which had earlier been reduced from a felony - if the state board cleared the veterinarian.

``My understanding was if he was absolved at the administrative level, the case would be dismissed,'' Eberhardt said.

But Cromer disagreed, saying, ``There was never an understanding that the administrative hearing would be determinative of the people's decision in this case. The people would not delegate its responsibility in that manner. Both sides agreed to wait until after the hearing to see what the evidence showed.''

Cromer added the decision whether to drop the charge will not be based on ``threats'' and ``misinformation'' given to the news media.

Cromer was referring to a Jan. 29 press conference held by Bosma and attorney Steve Schwartz who said he intended to file civil lawsuits claiming malicious prosecution against the goat owner and the state board, among others, and was considering filing a complaint with the California Bar Association against Cromer.

Schwartz accused Cromer of leaking a state expert's report about Bosma's treatment of the goat to a newspaper reporter and said the District Attorney's office failed to provide information to a veterinary expert.

Cromer on Monday denied both allegations, saying the reporter knew about the report before she did. She also said the state expert was retained by the state board, which supplied materials and information.

Bosma, 45, a Westside Union School District trustee and Leona Valley resident, had been accused of failing to suggest a Caesarean section or euthanasia for the goat, called Mama Lu, failing to administer painkillers and allowing his technicians to treat the animal rather than doing it himself.

Much of the dispute focused on whether Bosma refused to perform a Caesarean section, as Bowers said, or whether Bowers rejected the operation because the goat's mother had died three months earlier during one.

``The burden of proving by clear and convincing evidence that Mrs. Bowers' version of what transpired is correct was not met,'' Administrative Law Judge Jerry Mitchell wrote after the hearing. ``She did not appear to be any more credible a witness than (Bosma), her version of what transpired is less plausible than his, and her version was not corroborated by anyone who was present when she allegedly asked for a C-section and was refused.''

Owner Judy Bowers said she brought her goat to Bosma's North Valley Veterinary Clinic after the animal went into labor and had trouble delivering.

Although Bosma said he told Bowers through a receptionist when she called earlier in the day that his hands were too big to work on goats, she said she went to the clinic because she could not find another veterinarian available, the judge's report said.

Bosma said the goat was experiencing dystocia - an inability to give birth, a potentially fatal condition. Because his hands were too big, he directed his assistants who tried to deliver the baby goat, and when it was determined the kid was not alive, performed a fetotomy - removal of the dead baby in parts, the judge's report said.

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Photo: (color) Larry Bosma - Cleared by state board