Hi Lezah,
I was reading over your notes from Dr. Wechts testimony and I wanted to follow up on one point which I highlighted.
I thought it was ridiculous that the defense would suggest the very low neck abrasion could have been a starting point for the ligature. The autopsy report is clear that this abrasion followed the curvature of the trapezius muscle at the lower-right, back-half of the neck. The slope of this abrasion is downward and far more suggestive of some sort of vertical (toward the base of the neck) pressure.
There is nothing whatsoever in the autopsy report that suggests the ligature was ever at or below the level of the cricoid.
I would have loved to have been in court to hear Wecht dismiss this desperate attempt to explain the cricoid fracture.
I do understand the concern regarding the cricoid. It is exceedingly rare for it to fracture in a suicidal hanging scenario.
The following is from Fracture of the Cricoid as a Potential Pointer to Homicide
A 6-Year Retrospective Study of Neck Structures Fractures in Hanging Victims
Anny Godin, BSc, Celia Kremer, MSc, and Anny Sauvageau, MD, MSc.
The cricoid cartilage was intact in all suicidal and accidental hangings in the present study. This is in keeping with the literature: only one case of cricoid fracture can be found in suicidal or accidental hangings in the English literature. This represents only one case of cricoid cartilage in over 2700 cases. Unfortunately, there are no further details on this alleged suicidal hanging with cricoid fracture.
Fracture of cricoid cartilage is therefore highly exceptional in suicidal hangings. In homicidal hanging on the other hand, I ease out of 4 presented with a cricoid fracture in this study. However, the small number of homicidal hanging renders the comparison difficult. To palliate this problem, homicidal no- hanging strangulation were used for the comparison: an incidence of cricoid fracture of 14% (7/52) was demonstrated. This incidence is in accordance with the literature: the incidence of cricoids fractures in homicidal strangulation varies between 5% and 20%.
Hi Cynic!
Yes, I thought it was rather an odd suggestion at the time too ( the defense attorney suggested this Mark was a rope burn and Dr W said that it could possibly be a rope burn. (He had put a photo on the screen and used the pointer to show it. The image shown was of RZ autopsy and the picture he used is actually in an exhibit in the filings (I beleive I had seen this photo he used previously - it is in the defenses motion to disallow the testimony of Dr W, if you have access to it - labeled EXHIBIT 22 - in ROA 886 ( face down hair lifted and the mark is visible on the left upper shoulder area - it was a zoomed in aspect of this exhibit photo I believe ))
Dr W was absolutely adamant that it could not have been caused during the actual hanging as the position of the mark was completely contradictory to the rope alignment on the throat - and it was not possible to have been caused during the hanging in his opinion. The attorney attempted several times to make the same suggestion ( in different ways) and each time it was dismissed by Dr W.
Hope that helps? ( BIM Im paraphrazing to the best of my recollection)
PS your illustations are really great!
Edited to add - I read around 50 legal forensic papers on suicidal and homicidal hangings over the last few weeks and I agree with your opinion that the injuries are certainly not consistent with the circumstances of how RZ died, re the cricoid and several other aspects. I still believe she never went over that balcony....( I think we were reading the same literature!)
PPS I believe that the photo he used was different to the injury you illustrated / highlighted in the illustration, your illustration is a different mark I understand. This one the attorney showed was on the left shoulder I recall. I wish I could post the photo for you, but I cant seem to do it!
