CHAPTER
17
(Excerpt)
April 1975
Department 10, Clark County Courthouse
Las Vegas, Nevada
..........The day’s
testimony was nearing its end and the jury was excused
for a few minutes while the court took care of some logistical
matters. Those disposed of, Judge Goldman directed a question
towards the Deputy District Attorneys, Harmon and Cooper.
..........“While the
jury is still out, do we have a lengthy witness next?
Seems to be a pointless question. All seem to be lengthy.”
..........Harmon chortled.
“Your honor, we have Dr. Clarke who as been waiting
all afternoon. We would like to get started with him.”
..........“We can take
him on direct, at least,” the judge responded.
..........With that the jury
returned to the courtroom and Dr. James Clarke, a physician
specializing in pathology and the Chief Medical Examiner
for Clark County, Nevada, was asked to step up to the
witness box. At over sixty years of age, Dr. Clarke projected
a scholarly, almost grandfatherly image and the prosecution
knew the doctor would come across as a polished expert
witness.
..........“Dr. Clarke,
explain to the jury what a pathologist is, please,”
asked Cooper.
..........Attorney Ahlswede
interjected, “We will be glad to stipulate to his
qualifications.”
..........Cooper turned to
the judge, pleading, “May I ask my questions, Your
Honor?” Cooper was not about to let the testimony
of what was possibly his best witness be shortchanged,
no matter how late it was.
..........“Ask your
question, counsel.”
..........“Explain
to the jury what pathology is,” Cooper requested.
..........“Well, pathology
means the study of disease. It concerns laboratory work
and general blood examinations, like microscopic examinations
of tissue and so forth. In connection with medical examiner’s
work, it consists principally of doing autopsies to determine
cause of death.”
..........“How long
have you been Chief Medical Examiner for Clark County?”
..........“I think
about twelve years, officially.”
..........“Are there
any special requirements in training or education in order
to qualify you for this specialty of pathology?”
..........“Yes, sir.”
..........“Would you
explain that to the jury, please.”
..........“First qualification
is an MD degree. Following is at least four years post-graduate
work in the specialty required, and to be certified as
a specialist, and an examination is conducted by the American
Board of Pathology, which I have passed.”
..........“Where did
you receive your undergraduate training, Dr. Clarke?”
..........“At the University
of Minnesota.”
..........“And where
did you receive your medical training?”
..........“Also at
the University of Minnesota at their medical school.”
..........“Could you
give us an estimate, Dr. Clarke, how many autopsies you
have performed?”
..........“In excess
of four thousand autopsies.”
..........An audible wheeze
was heard from somewhere in the courtroom but the prosecutor
pressed on. “Would you explain, please, to the jury,
what an autopsy is?”
..........“An autopsy
is an examination conducted to determine the presence
of any diseases or causes of death. It consists of opening
the body cavities and examining the body organs and then
is followed by various chemical tests of microscopic examinations.”
..........At that point the
state introduced the autopsy photographs, all of which
were taken in the presence of Dr. Clarke at the Spalding
Mortuary in Las Vegas, and labeled them as state’s
exhibits twenty through twenty-four.
..........“Dr. Clarke,
did you perform an external examination and an internal
examination upon the person who is depicted in State’s
proposed exhibits twenty through twenty-four?”
..........“Yes, I did.”
..........“Would you
describe the external examination you found in that examination?”
..........“The external
examination showed multiple incise stab wounds to be present.
In addition, there were some more superficial cutting
wounds. From the head downward there was a deep stab wound
into the scalp which penetrated the scalp at the skull.
This was present in the back of the head, occipital area.
More superficial wounds, which appeared to be cutting
wounds, were present, one over the right knee and one
over the right thigh. In addition, there was an incise
cutting wound which appeared to be defensive in nature
at the base of the right thumb.”
..........Dr. Clarke took
a breath. “On the front of the body, or side, rather,
there was a deep stab wound present over the right chest
about the level of the seventh rib. Another stab wound
was incurred, which appeared to be multiple, rather than
a single stab wound, was present over the right upper
abdomen near the rib margin. On the back there were three
wounds. There were all, which, well, four of which were
penetrating wounds. One was present on the mid-back on
the right, about the level of the ninth thoracic vertebra,
or one on the spinal column, near the spinal column. One
was present farther up on the right, just below the shoulder
blade and one lower down. There were two penetrating stab
wounds on the left. One was located about the ninth thoracic
vertebra in the middle of the back on the left chest.
The other one was down lower and more lateral. All the
penetrating wounds were similar in appearance. They had
sharp margins and gaps. The cutting wounds varied in depth
but were more superficial.”
..........The state then
directed Dr. Clarke to take each photograph and explain
what he found with relation to the picture. There appeared
to be several stab wounds in the same area, which was
later confirmed by the internal examination.
..........“Thank you,
Dr. Clarke. Did you perform an internal examination, Dr.
Clarke, on the body of the deceased?”
..........“Yes, sir.”
..........“Would you
describe the examination and state your findings as a
result of that examination?”
..........“The findings
of the internal examination showed extensive hemorrhage
into the abdominal cavity associated with the abdominal
knife wound and also the wound on the side which, going
downward, penetrated the liver as well as the lung. There
were also three lacerations of the liver. There was also
laceration in the area of the adrenal gland, which is
above the kidney, and a laceration or hemorrhage about
this area, about the kidney. The hemorrhage appeared to
be about 1100 centimeters in the abdomen or about two
pints. The stab wounds of the right side and of the back
penetrated the lung. The more penetrating wounds were
on the right side, with hemorrhage into the right chest,
about 600 centimeters. Called hemothorax. There was a
lesser hemorrhage in the left—two back wounds on
the left penetrated the left lung superficially. The head
examination was negative. The skull was not fractured.
The only finding was the scalp laceration.”
..........With that report
Dr. Clarke put down the last photograph and folded his
hands. “The microscopic finding showed no other
disease to be present. There was pulmonary congestion
and edema, which means collection of fluid and blood in
the lungs.”
..........“Dr. Clarke,
based on your examination and your experience as a medical
examiner and pathologist, are you able to form an opinion
as to the type of instrument used which inflicted these
wounds?”
..........“Yes, sir,
I am.”
..........“And what
is that opinion?”
..........“The instrument
used was sharp-edged, sharp-pointed instrument, tapered
down to a sharp point.”
..........“Would a
hunting knife with a blade approximately six inches fall
into that category?”
..........Ahlswede jumped
in. “Objection. Counsel is leading the witness."
..........“Sustained.”
..........Cooper resumed
his questioning. “Would you describe any instrument
that you feel would fall into that category that would
have been of common usage?”
..........“Well,”
the doctor responded, “the width of the instrument
from the penetration would appear about two point four
centimeters or about an inch. The deepest penetration
was about nine centimeters or around four inches, so the
instrument would have to have been about one inch wide
and over four inches long.”
..........“As a result
of your internal and external examinations, Dr. Clarke,
of the person depicted in state’s exhibits 22, 23,
24 and 30, were you able to form an opinion regarding
the cause of her death?”
..........“Yes sir.”
..........“What is
that opinion?”
..........“Death was
caused by hemoperitoneum and hemothorax hemorrhage into
the abdomen and chest, due to the laceration of the lung,
kidney, adrenal and liver due to multiple penetrating
stab wounds. Counting the superficial wounds there, I
think there were around twelve total.”
..........“Dr. Clarke,
did you extract any blood from the person upon whom you
performed the autopsy?”
..........“Yes sir.
I obtained some blood samples for toxicological examination,”
replied Dr. Clarke, who related how he submitted the blood
samples to the Coroner’s Office who in turn submitted
them to the toxicologist in the pathology department of
Southern Nevada Memorial Hospital for the preparation
of the toxicology report.
..........“Does the
toxicology report indicate to you the alcoholic content
of the blood you submitted to the Southern Nevada Memorial
Hospital pathology department?”
..........“Yes sir.
Point 125 percent.”
..........“Dealing
with the size of the person upon whom you performed the
autopsy, what would that alcoholic content indicate to
you?”
..........“It would
indicate the consumption of a certain amount of alcoholic
beverage. Not excessive, but a certain amount.”
..........“Do you recall
the size of the person of the victim, the length and the
weight?"
..........“Yes sir.
She was of quite small build. I think sixty inches in
length and weighing about 110 pounds.”
..........“Did you
examine the vaginal area?”
..........“Yes, sir,
I did.”
..........“What were
your findings, Doctor?”
..........“There was
no evidence of injury or rape.”
..........“Did you
examine the anal area?”
..........“Yes, sir.
It was normal. No evidence of traumatic injury.”
..........“Did you
determine whether or not there was the presence of sperm
in these areas?”
..........“Yes, sir.
There were none, on microscopic examination.”
..........“Were you
able to determine whether or not there was any trauma
to the vaginal area?”
..........“Yes, sir,
I was. There was no trauma.”
.......... “Could
you tell us if there were sperm present in the vaginal
cavity, how long that sperm would remain susceptible to
examination?”
..........“At least
twenty-four hours.”
..........“Pass the
witness, Your Honor,” Cooper announced assuredly
as he stepped back to his table. He would be surprised
if the defense could rally any kind of attack on this
witness.
Copyright
© 2007 Paradise City™ Publishing
[SAN: 853-1315]
ISBN 978-0-9793247-0-3
Murder
By The Stars, a new book from Paradise City Publishing
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