blood pattern analysis

Questionable convictions in “shaken baby” cases

Shaken BabyThe term “shaken baby syndrome” (SBS) was developed to explain those instances in which severe intracranial trauma occurred in the absence of signs of external head trauma. SBS is the severe intentional application of violent force (shaking) in one or more episodes, resulting in intracranial injuries to the child. Physical abuse of children by shaking usually is not an isolated event. Many shaken infants show evidence of previous trauma.

Frequently, the shaking has been preceded by other types of abuse.

Mechanism of Injury

The mechanism of injury in SBS is thought to result from a combination of physical factors, including the proportionately large cranial size of infants, the laxity of their neck muscles, and the vulnerability of their intracranial bridging veins, which is due to the fact that the subarachnoid space (the space between the arachnoid membrane and the pia mater, which are the inner two of the three membranes that cover the brain) are somewhat larger in infants. However, the primary factor is the proportionately large size of the adult relative to the child. Shaking by admitted assailants has produced remarkably similar injury patterns:

  • The infant is held by the chest, facing the assailant, and is shaken violently back and forth.
  • The shaking causes the infant’s head to whip forward and backward from the chest to the back.
  • The infant’s chest is compressed, and the arms and legs move about with a whiplash action.
  • At the completion of the assault, the infant may be limp and either not breathing or breathing shallowly.
  • During the assault, the infant’s head may strike a solid object.
  • After the shaking, the infant may be dropped, thrown, or slammed onto a solid surface.
  • The last two events likely explain the many cases of blunt injury, including skull fractures, found in shaken infants. However, although blunt injury may be seen at autopsy in shaken infants, research data suggest that shaking in and of itself is often sufficient to cause serious intracranial injury or death.

 

 

Questionable convictions in “shaken baby” cases?

Deborah Tuerkheimer is a Professor of Law at Northwestern University and the author of “Flawed Convictions: ‘Shaken Baby Syndrome’ and the Inertia of Injustice.” She also appears onSaturday’s “48 Hours” investigation into the case of Melissa Calusinski, a former day care provider who says she is wrongfully convicted in a toddler’s death. Here, Tuerkheimer weighs in on questionable convictions in child death cases. Her opinions do not necessarily reflect those of CBS News.

A few months ago, a 55-year-old Florida day care provider became yet another caregiver accused of shaking a toddler to death. The woman, who had worked with children for decades, denied harming the boy. But pediatricians concluded that this was a case of Shaken Baby Syndrome (SBS).

Even before an autopsy was performed, the state charged the woman with murder. She is being held in jail without bond and if convicted, she faces mandatory life in prison without the possibility of parole.

Based on the press reports, this case resembles many that I have written about in my book, Flawed Convictions: “Shaken Baby Syndrome” and the Inertia of Injustice. Without witnesses or external signs of abuse, the classic diagnosis of Shaken Baby Syndrome rests on three neurological symptoms, otherwise known as the “triad”: bleeding beneath the outermost layer of the brain, retinal bleeding, and brain swelling.

These symptoms are said to prove that a baby was violently shaken and, what’s more, to identify the abuser– whoever was present when the child was last lucid. Shaken Baby Syndrome is, in essence, a medical diagnosis of murder. In order to convict, prosecutors must rely entirely on the claims of science.

But the science has shifted. In recent years, there has been a growing consensus among experts that the neurological symptoms once viewed as conclusive evidence of abuse may well have natural causes, and that old brain injuries can re-bleed upon little or no impact.

In short, current science raises significant questions about the guilt of many caregivers convicted of shaking babies.

Reflecting real movement in the direction of doubt, this past spring, a federal judge in Chicago issued a ruling of “actual innocence” in the case of Jennifer Del Prete, a caregiver accused of shaking a baby in her care. (My book describes this trial in detail.) Del Prete was able to show that, based on what doctors now know about alternative causes of the triad, no reasonable jury could possibly find Del Prete guilty of murder. Indeed, according to the reviewing judge, a lack of evidentiary support for the theory of Shaken Baby Syndrome means that the diagnosis is arguably “more an article of faith than a proposition of science.”

Our legal system has been slow to absorb this new reality. As a consequence, innocent parents and caregivers remain incarcerated and, perhaps more inexplicably, prosecutions based solely on the “triad” symptoms continue even to this day. The cautionary tale of Shaken Baby Syndrome shows that our system is too inclined to stay the course, and awful injustices can result.

Dr. Judy Melinek – Working Stiff

Melinek-Slide_0A   forensic pathologist can not work in a vacuum, they must have critical information gathered at the scene by qualified investigators. It is only with this information and the results of the autopsy that a ruling can be made.  It is often that a ruling will be delayed, or no determination made at all, without this information and investigation by the medicolegal investigators.

In this episode I talk with Dr. Judy Melinek, and forensic pathologist working with the Alameda County Coroners Office and and private consultant at  Pathology Expert .com.   We discuss what investigators need to provide to a pathologist to help in the determination of cause and manner of death.  We also discuss her role in the 9/11 attacks as she was working in New York City at the time and witnessed the first plane hit.

Dr. Melinek, along with her husband TJ – wrote the book Working Stiff that chronicle her first two years as a forensic pathologist  and her work in New York City Medical Examiners Office during the 9/11 attacks.

 

Working-stiffThe fearless memoir of a young forensic pathologist’s “rookie season” as a NYC medical examiner, and the cases—hair-raising and heartbreaking and impossibly complex—that shaped her as both a physician and a mother.

Just two months before the September 11 terrorist attacks, Dr. Judy Melinek began her training as a New York City forensic pathologist. With her husband T.J. and their toddler Daniel holding down the home front, Judy threw herself into the fascinating world of death investigation—performing autopsies, investigating death scenes, counseling grieving relatives. Working Stiff chronicles Judy’s two years of training, taking readers behind the police tape of some of the most harrowing deaths in the Big Apple, including a firsthand account of the events of September 11, the subsequent anthrax bio-terrorism attack, and the disastrous crash of American Airlines flight 587.

Lively, action-packed, and loaded with mordant wit, Working Stiff offers a firsthand account of daily life in one of America’s most arduous professions, and the unexpected challenges of shuttling between the domains of the living and the dead. The body never lies—and through the murders, accidents, and suicides that land on her table, Dr. Melinek lays bare the truth behind the glamorized depictions of autopsy work on shows like CSI and Law & Order to reveal the secret story of the real morgue.

About the Authors

tj-mitchell-dr-judy-melinekJudy Melinek, M.D. is a graduate of Harvard University. She trained at UCLA in medicine and pathology, graduating in 1996. Her training at the Office of the Chief Medical Examiner in New York is the subject of her memoir, Working Stiff, which she co-wrote with her husband. Currently, Dr. Melinek is an Associate Clinical Professor at UCSF, and works as a forensic pathologist in Oakland. She also travels nationally and internationally to lecture on anatomic and forensic pathology and she has been consulted as a forensic expert in many high-profile legal cases, as well as for the television shows E.R. and Mythbusters.

T.J. Mitchell, her husband, graduated with an English degree from Harvard and has worked as a screenwriter’s assistant and script editor since 1991. He is a writer and stay-at-home Dad raising their three children in San Francisco. Working Stiff is his first book.

Workplace Bullying

workplace_bullying

 

Workplace Bullying is repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators. It is abusive conduct that is :

This definition was used in the 2014 WBI U.S. Workplace Bullying Survey. Its national prevalence was assessed. Read the Survey results.

Workplace Bullying…

  • Is driven by perpetrators’ need to control the targeted individual(s).
  • Is initiated by bullies who choose their targets, timing, location, and methods.
  • Is a set of acts of commission (doing things to others) or omission (withholding resources from others)
  • Requires consequences for the targeted individual
  • Escalates to involve others who side with the bully, either voluntarily or through coercion.
  • Undermines legitimate business interests when bullies’ personal agendas take precedence over work itself.
  • Is akin to domestic violence at work, where the abuser is on the payroll.

Please know two things:

Bullying is a systematic campaign of interpersonal destruction that jeopardizes your health, your career, the job you once loved. Bullying is a non-physical, non-homicidal form of violence and, because it is violence and abusive, emotional harm frequently results. You may not be the first person to have noticed that you were bullied. Check to see how many of these indicators match yours.

Remember, you did not cause bullying to happen. We’ve broken down the major reasons why bullies bully. The primary reason bullying occurs so frequently in workplaces is that bullying is not yet illegal. Bullying is four times more common than either sexual harassment or racial discrimination on the job.

Should you confront the bully? If you could have, you would have. Instead, use the WBI-suggested 3-Step Method. Remember, put your health first. Don’t believe the lies told about you. Spend time with loved ones and friends. At times of debilitating stress like this, you must not be isolated. Isolation will only make the stress worse.

As we said, to date, no U.S. state has passed an anti-bullying law for the workplace.

* This article is a re-print if excerpts from  Workplace Bullying Institute   To read full article and see many more resources click over to there site.Anita Brook-corner talk-secondary stress

Todays guest is Anita Brooks  of anitabrooks.com 

 


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Blood Pattern Analysis

Blood_SpatterBecause blood behaves according to certain scientific principles, trained bloodstain pattern analysts can examine the blood evidence left behind and draw conclusions as to how the blood may have been shed. From what may appear to be a random distribution of bloodstains at a crime scene, analysts can categorize the stains by gathering information from spatter patterns, transfers, voids and other marks that assist investigators in recreating the sequence of events that occurred after bloodshed. This form of physical evidence requires the analyst to recognize and interpret patterns to determine how those patterns were created.

Bloodstain pattern analysis (BPA) is the interpretation of bloodstains at a crime scene in order to recreate the actions that caused the bloodshed. Analysts examine the size, shape, distribution and location of the bloodstains to form opinions about what did or did not happen.

BPA uses principles of biology (behavior of blood), physics (cohesion, capillary action and velocity) and mathematics (geometry, distance, and angle) to assist investigators in answering questions such as:

  • Where did the blood come from?
  • What caused the wounds?
  • From what direction was the victim wounded?
  • How were the victim(s) and perpetrator(s) positioned?
  • What movements were made after the bloodshed?
  • How many potential perpetrators were present?
  • Does the bloodstain evidence support or refute witness statements?

Why and when is bloodstain pattern analysis used?

Bloodstain evidence is most often associated with violent acts such as assault, homicide, abduction, suicide or even vehicular accidents. Analyzing the size, shape, distribution, overall appearance and location of bloodstains at a crime scene helps investigators by answering basic questions including:

  • What occurred?
  • Where did the events occur?
  • Approximately when and in what sequence?
  • Who was there? Where were they in relation to each other?
  • What did not occur?

    One of the most important functions of bloodstain pattern analysis is to support or corroborate witness statements and laboratory and post-mortem findings. For example, if the medical examiner determines the cause of death is blunt force trauma to the victim’s head, the pattern and volume of blood spatter should be consistent with a blunt instrument striking the victim one or more times on the head. Conversely, if the spatter resembles that seen in expirated blood spray, the analyst will check the medical examiner or pathologist reports for injuries that can cause the presence of blood in the nose, throat or respiratory system of the victim. If blood is not reported in these locations, the analyst may be able to exclude expiration as the possible cause of that spatter pattern..

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A Simplified Guide To Bloodstain Pattern Analysis