Private autopsie and police

[CdwJava]

I still need to research signs of asphyxiation and compare those signs with findings in autopsy report. One similarity I found was congestion in neck and chest. Also his face and neck were obviously (to people that knew his when alive) bloated or puffed out as if he were holding his breath. Autopsy was done a week after the viewing and two weeks after embalming . Not sure if that affects lab results but logic tells me it might affect external observational conclusions.

Yes, that will have a drastic effect on a number of conclusions AND observations. It can render many or most conclusions questionable. So, even if a suspect could be identified, proving that one or more actions were THE cause of death might be exceedingly difficult.

 

[CdwJava]

When I asked examiner about that being a possible cause of death , the two reasons why not seem to me to not really fit; Blood or fluids not found sucked back up into nose or lungs and no injuries to nose from struggle.

Of course, the body had already been cleaned and processed by the mortuary, so ...

 

[Miadora]

Recent in this instance means within a few hours of death (according to scientific tissue lab report)

 

[Miadora]

Also, may have indeed been robbed of ATM card. Police have not determined when card was taken.

 

[Miadora]

Or how t was taken.

 

[Miadora]

Of course, the body had already been cleaned and processed by the mortuary, so ...

Well then maybe cause of death (drugs) should not be taken as absolute ?

 

[Miadora]

Well then maybe cause of death (drugs) should not be taken as absolute ?

Since other causes would be hard to determine with absolute accuracy at time of autopsy .

 

[Miadora]

Also, why are police and prosecutors office so upset that examiner used word "defensive" on report when referring to injuries ? Don't they need to respect the examiners conclusions?

 

[CdwJava]

Also, may have indeed been robbed of ATM card. Police have not determined when card was taken.

So, NO evidence he was "robbed," just that the card was taken. These are VERY important distinctions under the law.

If someone came over and found him deceased,taking the card would be theft. If they beat him to take his property,that would be robbery. On the other hand, the card may have been missing before he passed away.

 

[CdwJava]

Well then maybe cause of death (drugs) should not be taken as absolute ?

Absent proof of homicide they cannot investigate it as a homicide. Suspicious does not necessarily mean homicide.

 

[CdwJava]

Also, why are police and prosecutors office so upset that examiner used word "defensive" on report when referring to injuries ? Don't they need to respect the examiners conclusions?

No one is under any legal obligation to heed your paid pathologist's opinions at all.

As I have repeatedly mentioned,you cannot force anyone to do anything here. You can stomp your feet and hold your breath, but that's about it.

If you feel you have enough to identify someone who is responsible for the theft or death, you can sue them if you have standing. Maybe you can also bring your proof to the media and see if anyone there will help you rattle some cages. But,ultimately, you cannot force anyone to investigate this as a homicide.

 

[Miadora]

So, NO evidence he was "robbed," just that the card was taken. These are VERY important distinctions under the law.

If someone came over and found him deceased,taking the card would be theft. If they beat him to take his property,that would be robbery. On the other hand, the card may have been missing before he passed away.

He used it day before he died. She used it day and days after he died. Took $4000 until I alerted bank.

 

[Miadora]

No one is under any legal obligation to heed your paid pathologist's opinions at all.

As I have repeatedly mentioned,you cannot force anyone to do anything here. You can stomp your feet and hold your breath, but that's about it.

If you feel you have enough to identify someone who is responsible for the theft or death, you can sue them if you have standing. Maybe you can also bring your proof to the media and see if anyone there will help you rattle some cages. But,ultimately, you cannot force anyone to investigate this as a homicide.

I would have never gotten autopsy if I knew that it would mean nothing to police. Only reason for autopsy was because to me and my family it was obvious there was foul play. Why are they saying that the medical examiner wants to consult with my paid examiner ? And that it was not correct to use word "defensive" on report? It must hold some weight to them.

 

[Miadora]

I would have never gotten autopsy if I knew that it would mean nothing to police. Only reason for autopsy was because to me and my family it was obvious there was foul play. Why are they saying that the medical examiner wants to consult with my paid examiner ? And that it was not correct to use word "defensive" on report? It must hold some weight to them.

Also why did police ask me if I would like an autopsy done after they finally realized there was indeed a gash on his head ? Did they mean that they would have paid for it ? And the local med. examiner would have done it ? Shouldn't they bear some consequence for saying the Sargent would contact me about autopsy and never following up? since me asking for autopsy they also discovered cards missing and used after he died. Still no response about autopsy, so I went ahead and did it myself. I was sent away when I physically went to station, told detective would call me in morning ... No call from detective or Sargent . Now it's like they are pissed I had an autopsy done because it turned up very recent "defensive" blunt injuries.

 

[Miadora]

Also why did police ask me if I would like an autopsy done after they finally realized there was indeed a gash on his head ? Did they mean that they would have paid for it ? And the local med. examiner would have done it ? Shouldn't they bear some consequence for saying the Sargent would contact me about autopsy and never following up? since me asking for autopsy they also discovered cards missing and used after he died. Still no response about autopsy, so I went ahead and did it myself. I was sent away when I physically went to station, told detective would call me in morning ... No call from detective or Sargent . Now it's like they are pissed I had an autopsy done because it turned up very recent "defensive" blunt injuries.

If proven he did not fall and was beaten and cards stolen, that is a possible felony murder.