Serna is asking court to have Dr. qualified as an expert.
Please tell jury how you became involved in this case.
Dr.--during civil litigation. To determine manner and cause of death of TC.
Serna--what sort of materials did you have to review to form an opinion.
Dr.--records, descp. of scene, tox. report, path report, photographs, TC medical records, bank statements, deposition of Lawrence Renner, pharmacologist Blaine Benson, firearms examiner Mark Redsevich, lab reports.
Serna--In reviewing these matters, what particular thing stuck out for you that helped you form your opinion.
Dr.--another thing was diary of TC
Dr.--basically the documents that formed my opinion were the diary of TC, scene photographs, autopsy photographs, formed my opinion.
Serna--how many autopsies performed?
Dr. 7500
SErna--Have you supervised autopsies?
Dr. yes Many thousands more on top of the 7500
Serna--have you ever in connection with your work actually gone in person to the death scene to investigate the cause and manner of death?
Dr.--uyes, partic. in Florida, blah, blah. mandatory including industrial and pediatric, probably attended 1,000 death scenes.
Serna--which portion were suicides
Dr.--don't know a percentage? Unexpected deaths account for most, then suicide, then homicide. Several hundred suicides a year.
Serna-been involved in cases before when you were working as ME in Fl or NY involved in cases that great interest in determin. suicide or murder made to look like a suicide.
Dr.--yes, those cases occur occasionally. At the scene, find things that do not fit the scene, determine murder to look like a suicie. 5 or 6 times in my career
Serna--did you have a role in a homicide case in which a police officer was charged with murder and the PO said it was suicide
Dr. yes
Se5rna--tell jury
Dr.--PO and wife having marital problems. Woke up, he went to get coffee and she had his 357 revolver she was a correctional officer--she had gun point3ed to right temple. She said gun was unloaded and she pulled the triggger and it killed her. Scene looked consistent with story given at the time but during autopsy noticed bullet pathway was not consistent with his statemeent. Got gun, held gun in same position and tried to pull trigger with victim on the autopsy table and could not pull trigger. Therefore it went to trial as a homicide.
Serna--did you find any evidence that incidated that this was a staged suicide?
Dr--no
Serna--Is there a phenonomon when somebody dies of a self inflicted gunshot wound may tighten muscles to hold a grip to crystalize last moment of life. (Serna is trying to get the cadavaric thing out.)
Dr.--not really, hand remains in same position unless by gravity. Nothing more than the position the person died in. He seems to refute cadavaric spasm theory, my opinoin.
Serna--why doesn't the gun with kenetic energy, why doesn't the gun, go flying out of their hand from recoil?
Dr.--don't know--seen videos when person is shot, gun stays in their hand.
Serna--very common that gun doesn't fly out of hand
Serna--in this case--you have reviewed all photographs, correct?
Dr.--correct
Serna-you have reveiwed photographs of TC body when found?
Dr.--only thing in my opinion--gun was placed in mouth and upside down, trigger was pulled by thumb. Death was instantaneous.
Serna--So position of fingers and thumb would be consistent with self inflicted.
Serna--do you know the difference between a semi auto and auto gun?
Dr.--yes
Serna--have you ever published an article about the curiosity of revolvers found at death scene where the cylinder is found open? How could somebody commit suicide and the cylinder of the gun found open?
Dr.--published article about his. Prompted by case death scene looked like a suicide but cylinder was open and bullets under body. Other factors indicated maybe not a suicide. Worked with firearms examiner with county and got revolver....when fired, when thumb was close to release latch, recoil of gun hits thumb--which releases latch and bullets falls out.
