“LEGACY OF SHAME”
BEXAR COUNTY MEDICAL EXAMINER, VINCENT DIMAIO, ANNOUNCES PLANS TO RETIRE
By Tracy Shue, Lt Colonel, USAF (Ret), RN, BSN, MS, CLNC
Ronald Gordon Sr. Editor
|
April 2006, Dr. Vincent DiMaio, Chief Medical Examiner of Bexar County, placed San Antonio on notice of his plans to retire in 2006. Years of controversy over questionable autopsies, shoddy work, out of court law suit settlements, falsification of records, and accusations of tailoring autopsy findings to support theories of law enforcement officials, has plagued the Office of the Bexar County Medical Examiner. He is in good company, however, as in recent years, Medical Examiners and Crime Labs throughout the State of Texas and the Nation have come under enormous scrutiny for their actions of incompetence and corruption. In 2005, Governor Rick Perry passed into law Texas HB 1068, in an effort to protect the citizens of Texas from unscrupulous behavior by Medical Examiners and Crime Labs. William Steele Sessions, a partner in the Law Firm of Holland & Knight, a Contract Law Firm used by USAA, authored an article in June 2005, “Restoring Faith in Texas Justice will take a giant leap” and served as a major advocate for pushing HB 1068 into law. Sessions stated,
“It appears that Texas’ system of crime lab operations has failed miserably. Laboratories around the state have produced inaccurate results, often because of inadequate oversight and sometimes shoddy practices. Such failures present great risk to public safety if they leave the real perpetrators at large, while innocent people may be targeted, convicted, imprisoned, and possibly sentenced to death. We must take serious steps to prevent future problems.”
Unfortunately, for too many of their victims, the help comes far too late.
In March 2006, less than one month prior to DiMaio’s announcement, Dr. Roberto Bayardo, the Chief Medical Examiner of Travis County, revealed his plans for retirement, following a closed meeting with the Travis County Commissioners Court. A storm of controversies which surrounded the quality of his work and a string of questionable autopsies, led to embarrassing media headlines for the city of Austin, and a push from constituents, for city officials to take action. The most recent scandal was an error in which Bayardo mistakenly identified a dead woman’s body, charred in a fire, as that of a young man. Further criticism erupted when he wrongly reported that musician Randy “Biscuit” Turner died of cirrhosis due to alcoholism, when the deceased was a non-drinker. It was later concluded Mr. Turner died of hepatitis C. Dr. Roberto Bayardo will leave the Office of the Travis County Medical Examiner after serving 28 years.
As their careers end, as Texas County Medical Examiners, “we the people’” should reflect upon their contributions to society and the lives of those they changed forever.
“Even Cinderella Got to Try on the Shoes”
In 1996, the life of an 11 year old girl, named Lacresha Murray was destroyed by the professional misconduct of Dr. Vincent DiMaio, Dr. Roberto Bayardo, and Travis County District Attorney Ronnie Earle, who falsely accused the child of capital murder in the death of 2 ½ year old Jayla Belton, and unjustly imprisoned her for 3 years. Lacresha Murray was found guilty, twice, of negligent homicide and injury to a child, and sentenced to 25 years, with no evidence, witnesses, opportunity, motive, or history of aggression. Months before her trial, against juvenile law and State Bar rules, Austin District Attorney Ronnie Earle announced her identity and pronounced her guilty in a television news conference. The media, without any investigation, headlined her in newspapers, as guilty, for two consecutive months, preventing any possibility for a fair trial.
During Lacresha Murray’s second trial, the prosecution based their case, on the assertion of a match between the shoes, allegedly worn by Lacresha Murray, and the injuries found on Jayla Belton’s body. Jayla Belton died with over 30 bruises and abrasions, weighing less than 20 pounds at age 2 ½ years, sustained four broken ribs, and a torn liver. The prosecution called, Dr. Vincent DiMaio, as one of the two “Expert Witnesses” to support the assertion. Dr. Vincent DiMaio, testified to the match, but on cross examination, admitted he had not actually measured or tested the shoes in comparison to Jayla Belton’s injuries. DiMaio further admitted that, “he had not even seen the shoes until minutes before he testified there was a match.”
In the heat of the Austin November 2000 election, District Attorney Ronnie Earle was forced to produce “New Evidence”, which had been on file at the Travis County Medical Examiner’s Office, since the 1996 autopsy of Jayla Belton. The evidence suggested that the toddler’s wounds, specifically the fatal wound to the liver, had to have occurred at least 8-12 hours prior to death, according to Joshua Perper, Chief Medical Examiner in Ft. Lauderdale. Perper further noted, in his 16 page report that, while Jayla had multiple abrasions and bruises on her body, the clothes she wore to the Murray household showed no signs of blood. He concluded the injuries were caused to Jayla, prior to arrival at the Murray home and, concurred with other experts, that Jayla had been a victim of long-standing child abuse.
Lacresha Murray was released in August 2001, after 3 years of confinement for a crime she did not commit. All charges were dismissed in the case. To date, no further investigation has been conducted and the criminals remain at large. On Dec 2, 2003, Federal District Judge Sam Sparks declined to dismiss the lawsuit brought against local authorities by former capital murder defendant Lacresha Murray. The case highlights the collusion of police and the medical examiners, Robert Bayardo and Vincent DiMaio who used shoddy techniques and rash assumptions to craft findings in support of the police theory of the crime. Robert Bayardo, used similarly strained logic to clear police of killing unarmed black Austinites like Rodney Wickware, Evan Eklye, and Grig Couch.
“Regular or Unleaded”
In 1993, Sonia Casey was convicted in Fort Stockton of killing her aging uncle, Bill Richardson, by pouring gasoline over him and then igniting him. Her conviction was largely based on the testimony of Dr. Vincent DiMaio, Chief Medical Examiner of the Bexar County Medical Examiner’s Office. There were no witnesses to the crime and no apparent motive. According to DiMaio’s testimony, the laboratory examination, conducted on Richardson’s charred clothing, revealed traces of gasoline. Findings in a second contemporary analysis, however, detected there was no gasoline on the charred clothing; a conclusion which has been supported by additional consulting experts who reviewed the case. Casey’s defense attorney, during trial, presented the argument that her aging uncle smoked heavily and may have died of a heart attack. DiMaio dismissed the argument as “ludicrous”. During interviews with Pecos County District Attorney, Albert Valadez, and Bexar County Medical Examiner Dr. Vincent DiMaio, both, prosecutor and medical examiner, refused to admit error. Sonia Casey was released on parole in 1999, after serving only 6 of her 99 year sentence.
“Liar for Hire”
Chante Jawan Mallard, a Nurse’s Aid, was convicted in Fort Worth for her role in the 2001 death of a homeless man. Mallard was driving home, under the influence of alcohol and drugs, from a dance club in Arlington, Texas, in the early morning hours of October 26, 2001, when she struck 37 year old Gregory Biggs. The homeless man’s upper torso smashed through her windshield, leaving his lower half, hanging outside the car. The events that occurred, following the incident, are almost unbelievable, except for Mallard’s confession.
Gregory Biggs was still embedded in the windshield of Mallard’s 1997 Chevrolet when she drove to her home in Fort Worth and parked her vehicle in the garage. According to police and Mallard’s statements, she periodically checked on Biggs, who remained stuck in the windshield, alive and moaning in pain. Mallard admitted she apologized to Biggs during her visits, but made no attempt to render aid. Two friends of Chante Mallard stated, she phoned them sometime on October 26, 2001. Late, on the night of October 26, 2001, they admit to disposing Bigg’s body in a nearby park. The body was found on October 27, 2001.
The Medical Examiner, who performed the autopsy and provided testimony for the prosecution, concluded that, while Biggs had broken bones, he suffered no major trauma to his internal organs and could have survived if he had received prompt medical attention. He concluded Biggs bled to death.
The defense, after calling just one witness, rested in the murder trial of 27 year old Chante Mallard. Mallard’s attorneys did not dispute the incident, but preferred the label of accident rather than murder. The defense’s sole witness was Dr. Vincent DiMaio, who testified that Biggs was likely unconscious after the impact, conflicting with the testimony of the Tarrant County Medical Examiner who maintained he was conscious and would have been in excruciating pain. The testimony of the Bexar County Medical Examiner, Dr. Vincent DiMaio, also conflicted with the defendants own testimony, admitting the man was conscious, moaning in pain, and pleaded for help while still alive in her garage.
Chante Mallard was convicted and sentenced to 50 years confinement in prison for the murder of Gregory Biggs.
“If the Cream Doesn’t Fit … You Must Acquit”
Colonel Philip Shue died on April 16, 2003, after leaving his home for work between 5:30 and 6:00 am. His 1995 Mercury Tracer crashed into a group of small trees, where he was noted to have duct tape around both wrists and ankles. The autopsy, performed by the Bexar County Medical Examiner’s Office, noted a large 5 ¾ inch incision down the midline of his chest, the excision of both nipples, multiple other incisions on his chest, a missing earlobe, an amputated left 5th digit finger, multiple head injuries, contusions, abrasions, and a puncture wound in his right calf. The death was ruled a “Suicide”, primarily based on the assumption of the Bexar County Medical Examiner, Dr.Vincent DiMaio, that Colonel Shue used a topical anesthetic, called EMLA Cream, to anesthetize himself, prior to self-mutilation, while staging his own “elaborate death scenario.”
In an effort to sell the public on the theory, Kendall County District Attorney Bruce Curry encouraged Justice of the Peace Nancy White to release the Bexar County Medical Examiner’s Autopsy, to the public, a week prior to the first Grand Jury Hearing. As the media ran continuous headlines, labeling the death a “Suicide”, all investigative efforts by law enforcement halted and the Grand Jury, after meeting 3 times, concluded “there was no evidence presented supporting a crime.” The Kendall County District Attorney, Bruce Curry, failed to subpoena individuals of interest, failed to subpoena documents, and misrepresented the integrity of case forensic evidence to the Grand Jury, ultimately leaving a Grand Jury, little option, other than to dismiss.
Almost 7 months following the death of Colonel Philip Shue, it was accidentally discovered, by the family, that the components of EMLA Cream were never tested for, by the Bexar County Medical Examiner’s Office. Independent tests, finally conducted, by the Bexar County Toxicologist at the Medical Examiner’s Office and the FBI Lab, concluded no EMLA Cream was found in the system. A second autopsy, at the request of the family, performed by Dr. Cyril Wecht, of the Wecht Institute, concluded the manner of death was consistent with “Homicide”, which supported the belief of Lead Investigators from the Kendall County Sheriff’s Department.
To date, the case of Colonel Philip Shue continues in civil litigation and the family remains hopeful that evidence presented during trial, will result, in the Manner of Death, being appropriately ruled a homicide and the case investigated.
“No Good Deed Goes Unpunished”
The stories of the surviving victims seem endless and the injustice, committed in the name of science and law, is unimaginable to the average person. Some, who have tried to address the inadequacies and corruption in the Medical Examiner’s System, have themselves, become victims. With each failed attempt, fewer and fewer courageous individuals take on the battle. With Medical Examiners and Government Agencies having numerous immunities, under law, for acts such as incompetence, and the inability for the average American to incur the cost of civil litigation, challenging and changing the system is almost impossible.
Larry Ytuarte, who had been a chemist with the Bexar County Medical Examiner’s Office, left New York as a Professor of Chemistry for position in the Bexar County Forensic Science Center. Within a year of his arrival, at the Bexar County Forensic Science Center in 1990, Ytarte began to observe disturbing conduct by laboratory personnel, failing to follow scientific procedures, improperly testing and reporting, and intentional falsification of records. In one case, Ytarte stated, “he reported a negative drug analysis on a blood sample, and the exact opposite was reported in court.” Ytarte reported his concerns to his supervisors, the San Antonio Commissioner’s Court, the San Antonio District Attorney, and the American Academy of Forensic Science, but soon realized the futility of voicing his complaints.
In 1996, Ytarte was relieved of his duties and escorted from the premises, after supervisors accused him of deliberately altering toxicology reports; the same problem he had been trying to expose. Civil litigation followed, resulting in Ytarte being reinstated, the award of a $350,000 cash settlement, and victory over a “gag order” which allowed him to speak publicly on the corruption witnessed in the Bexar County Medical Examiner’s Office. Ytarte resigned from the Bexar County Forensic Science Center on the day of his reinstatement.
As Dr. Vincent DiMaio plans his upcoming retirement, the legacy he leaves, the profession of Medicine, is a trail of injustice and pain. Physicians take an oath to
“Do No Harm” and Forensic Pathologists have a responsibility to “Speak for those who can no longer speak for themselves.” Vincent DiMaio’s, “Legacy of Shame”, speaks for itse
