Why Tox?
So why did they say they needed toxicology reports? If they knew she was strangled, how does what she may have ingested/consumed relate to her murder? I understand wanting to have a full picture of what happened but drunk or high or sober didn’t contribute to her death.
@Peppery
Briefly, it's CYA, because Med Examiner's failure to order tox tests allows def team to
challenge CoD.
Not so briefly. If post is asking --- Why does a ME order tox
screen tests, to identify
whether any of the specified toxins are
present in body? And if these screens detect toxins, then why order tests to
measure quantities of those toxins?
Even if ME has identified CoD as something else?
My post is answering generally and offering a
hypothetical,
not saying app. to this case.
Oversimplified example: naked, dead body is found on road side, no obvious (to layperson) injuries.
Autopsy w
no tox
screens, no tox
quantity tests, ME rules CoD = strangulation; MoD = homicide. Testifies at trial.
At trial, def's (def's atty) concedes he wrapped hands around her throat & choked her but did not kill her that night.
Presents evd to show after ^ that she texted a drug dealer to score some cocaine & she met him.
Defense strategy = she did not die of strangulation but of cocaine overdose.
Def. atty recalls ME to stand, asks about tox screens & quantity tests.
Def atty: Oh, you did not order any? H0w
rule out cocaine as CoD? How rule out, if cocaine was
not tested for?
Sooo, if doubt in juror's mind = not guilty verdict, and def. walks. my2ct.