COURT OF FLORIDA & DUCT TAPING AFTER DEATH
The Supreme Court of Florida, Brent Robert Huck Case, July 16, 2004
Ms. Morris was found deceased after decomposing approximately 6 months in a river. Her mouth, nose and eyes were covered with duct tape. Mr. Huck was subsequently charged and convicted of murdering her. Mr. Huck's defense was, "somebody else did it"
OR Ms. Morse had expired from natural causes during consensual sex. & Mr. Huck
panicked, taped up Ms. Morse and tossed her into the river.
At trial the medical examiner testified that
because of the condition of the body, he was not "one hundred percent" certain of the cause of death. In his opinion, however, the victim died "within a reasonable degree of probability" from asphyxia either by the tape on her nose and mouth or from drowning. The medical examiner found no fractures, entrance or exit wounds, or injuries from a sharp object, but could not rule out blunt force trauma. He found no evidence of organ injuryor disease in the lungs, and found no drugs, poisons or heavy metals.
According to the doctor, the victim looked to be a normal 22-year old woman. He concluded that the
manner of death was
homicide.
Mr. Huck's defense position was that it was improper for the medical examiner to offer his opinions based on a reasonable degree of medical
probability, instead of a reasonable degree of medical
certainty. There were no eyewitnesses. No confession. There is
no evidence the duct tape did cause Ms. Morse's death. The tape could have been put over Ms. Morse's face after death. Mr. Huck's conviction was based on a finding that excluded every reasonable hypothesis of innocence advanced by Mr. Huck.
Mr. Huck filed an appeal. The court ruled that while Mr. Huck raised numerous issues upon appeal none of them none of them merited reversal of Mr. Hucks judgement or sentence.
Most interesting and relevant to W duct tape debate is that according to
the Court of Florida...the assertion that Mr.Huck taped the victim's eyes and mouth shut after she died is not particularly reasonable. The only logical reason to tape her eyes and mouth shut would have been to prevent her from seeing, talking,screaming for help, or breathing while she was alive. There is no logical or reasonable purpose for taping a person's eyes and mouth shut after she is dead.
As to the second hypothesis, there was evidence inconsistent with death by natural causes, and as noted above, taping the eyes and mouth after death is not reasonable.
http://www.5dca.org/Opinions/Opin2004/071204/5D03-1906.op.pdf