Peretti still never passed his board certification. Spitz wrote the book that is still used today as a textbook in forensic pathology. I think that qualifies him as an expert, too. Here is the first part of his testimony at the Rule 37 hearings: (Note that Burnett tried hard to exclude his testimony, but in the end, allowed it.)
(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 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.)
"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. 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.
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. 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.
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.
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. 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.
It is customary for pathologists to consult with other colleagues or to review 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. 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.
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.
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.
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. After I wrote that letter, I obtained and reviewed some tissue slices from the remains, and I then prepared the second letter that you are showing me. 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. 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.
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, 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. 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."
I tend to agree with Dr. Spitz over Peretti.
