[Vols. 6, 7 & 8 - BMHR 1425-1870 beginning on November 21, 2008 in Volume 6]
In response to the Court’s inquiry about the relevance of this testimony in a
Rule 37 proceeding, Baldwin’s counsel stated that Dr. Spitz was practicing in 1993
ABSTRACT 127
and 1994, he is an author and the editor of a standard work on forensic pathology
which one counsel in the case, Mr. Stidham, said he obtained material from. Since
Baldwin’s trial counsel did not consult with a pathologist, seek advice from one, or
consult the pertinent literature, the testimony addressed those omissions. BMHR
1423. The Court permitted the testimony. BMHR 1423
I am a medical doctor specializing in pathology and forensic pathology. I
teach at Wayne State University, and at the University of Windsor in Canada. I do
private consulting now, having retired as Chief Medical Examiner in Wayne
County, which is Detroit and the surroundings. I worked as well in Macomb
County as Chief Medical Examiner, and retired in 2004. (BMHR 1425).
I have been a physician since 1953. After working in the Department of
Legal Medicine in West Berlin, beginning in 1959, I worked at the Office of the
Chief Medical Examiner in the State of Maryland. (BMHR 1426).
I have published 95 scientific articles, most in peer reviewed publications. I
have published a textbook in forensic pathology which has worldwide circulation.
I am certified by the American Board of Pathology and have been certified
since 1965 in pathology. (BMHR 1427-1428). I have testified in all states of the
United States, before the Congress of the U.S in the investigation into the death of
President Kennedy.
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Pathologists are trained through a teaching program in a board accredited
institution. Candidates can be certified in anatomic pathology. One can also be
board certified in forensic pathology. For a while, I was in charge of the training
program for forensic pathologists in the Office of the Chief Medical Examiner for
the State of Maryland. (BMHR 1429-1430). A forensic pathologist will have gone
to medical school, completed a residency in anatomic pathology, and then another
year in forensic pathology. The American Board of Forensic Pathology offers
examinations once or twice a year depending on the nature of the certificate
sought.
Normally, forensic pathologists first undergo training, after medical school,
in hospital-type pathology, with an additional year in forensic pathology.
The third edition of my book, Medicolegal Investigation of
Death–Guidelines for the Application of Pathology to Crime Investigation had
come out in 1993. The first and second editions had come out in 1972 and 1980
respectively. (BMHR 1432-1433). A number of other books in the field had been
published by the early 1990s including Bernard Knight’s book, and several others.
There are also journals related to forensic pathology, including international
journals. (BMHR 1434).
It is customary for pathologists to consult with other colleagues or to review
ABSTRACT 129
pertinent literature.
I have published on issues surrounding drowning, and authored a book
chapter about it as well.
It would have been customary for a pathologist in one part of the country to
consult with another elsewhere. Forensic pathologists do that all the time.
You ask me about a physician who left medical school, spent four years
training in anatomic pathology, and another year in forensic pathology. That
physician’s training is not complete until he has taken the supervised training and
has documented his ability to pass the test. (BMHR 1438). It would be a red flag if
you were told that such a person had not passed his board exams. It is a red flag
that someone practicing forensic pathology is not board certified. (BMHR 1439).
I know Williams Sturner, and knew him when he was the Chief Medical
Examiner in Arkansas. I heard of Dr. Frank Perretti before. I think he wrote me to
ask if he could come train with me. (BMHR 1440).
As a pathologist, it is recommended that you do only about 250 autopsies a
year. We do more. I have done autopsies on people who drowned - I testified in the
drowning death of Mary-Joe Kepechne in the matter of Senator Ted Kennedy.
Pathologists seeking help in looking into drowning deaths might look at the
literature, and then call a colleague. (BMHR 1441).
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In my review of the present case, I reviewed materials that I received from
the Dennis Riordan Office. This included photographs of 3 eight year olds. After
reviewing the case, I sent a letter out to Mr. Riordan (Exhibit 46) (BMHR 1443).
After I wrote that letter, I obtained and reviewed some tissue slices from the
remains, and I then prepared the second letter (exhibit 47) that you are showing
me. (BMHR 1443).
The information that I received in this case would have been of benefit to me
had I been consulted on the case in 1993 or 1994. It is common for a pathologist to
be asked to review a case, and to consult. It would have been accepted at that time
to review a case based on photographs, and it still is. (BMHR 1444).
Reviewing a series of photographs beginning with 48 A and proceeding in
order, I arrived at an understanding of where the bodies were found. I also recall
that each of the boys was given a separate number by the Medical Examiner’s
Office. I normally ask for as much information as possible, including the photos. I
have reviewed the information pertinent to this case, and I have opinions on what
the mechanism of injury was. (BMHR 1447).
Looking at photo 48 E, I see remains that show mutilation of the gential
area. The scrotal sac has been torn off. It is not cut off. Looking at photo 48 F, I
see areas where the skin has been rubbed off. 48 G shows the same phenomenon,
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and you can see where there is a tearing off of the scrotum. You see three marks on
the posterior, parallel marks. You can see where the skin is discolored, and drying.
Had a lawyer come to me with these photos in the 1990s, I would have asked
for distant and close up shots, and then I would have looked at the close ups, like
48 G, and I would have said that this is post mortem animal mutilation. (BMHR
1451-2). If you look at the missing area of the scrotum, and of the gouge marks,
and areas where the upper surface of the skin is missing, and looking at the linear
scrapes and other marks on the extremities, large animals, dogs for example, do
this kind of thing. The scrotum is loose. I can show you a picture like this from a
publication. The scratches that you see are left by an animal like a dog. The
scratches all go in the same direction. (BMHR 1453).
Counsel then were asked to review their schedules, and a new date was
agreed on. Dr. Spitz’s testimony was temporarily halted. A date in January, 2009
was picked. The Court also asked counsel to prepare ‘a precedent that fits your
theory of the case’. BMHR 1454. Testimony resumed on April 2, 2009.
