Guys, Can anyone give me any suggestions of examples of cases I can read into where suicide as COD was recategorized to undetermined ?
...any cases you can recommend me to look where ‘new evidence’ was utilized, and what actually constitutes ‘new evidence’?
Are either of these considered ‘new’ by the legal definition...
***The deep bruise on RZ back was only discovered at the second autopsy (thought to be caused during restraint, possibly caused by a knee)
*** Timestamped and sequential photographs of the body on the grass show unexplained lividity which was not considered at the autopsy.
(The lividity in the body was evaluated upon time of arrival of the ME at scene rather than the time of actual discovery of the body ( as evidenced in testimony at trial by lead detective of the time the photographs were taken, shortly after discovery of the body)
I'm just a lay person, but just because Gore said he'd look at "new" evidence, doesn't mean much to me. I don't see any reason why there would be any LEGAL requirement that something meet a *legal definition of new* in order to be evidence to consider in changing the cause of death. I would *think* a new look at, or new interpretation of, evidence that already exists in the case should be sufficient. If the evidence existed, but was ignored, it should be evaluated, imo.
I've heard of cases being changed before. Off the top of my head, I seem to recall one on Dateline recently where the COD was changed from suicide to murder to suicide (or undetermined) based on attorneys discussions with M.E. regarding house measurements--how far the lady would have moved before falling. There would seem to be plenty here to, at minimum, change this to undetermined (if not murder). It should be as simple as telling the M.E.--hey, look more closely at this... Again, I have no legal understanding, but common sense would say to me that ANY evidence that supports a new determination--new or old--should be sufficient. Typically, it might be *new evidence* because M.E. was doing proper job in looking at existing evidence to begin with. That can't be said in this case.