EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Wednesday, February 17, 2016

Assessing the Lividity Decisions Made by Dr. Korell in Hae's Autopsy Report

According to the autopsy report for Hae Min Lee,

Lividity was present and fixed on the anterior surface of the body, except in areas exposed to pressure.

I always presumed that the Office of the Chief Medical Examiner for the State of Maryland has a template that medical examiners use for creating autopsy reports. By looking at other Maryland autopsy reports, this indeed appears to be the case. If so, we can see what decisions Dr. Margarita Korell made while writing the above entry.

1. Fixed vs. Unfixed

This language comes from another autopsy report by Dr. Korell:

Lividity was present and unfixed on the posterior surface of the body, except in areas exposed to pressure. (emphasis added).

From this language, it seems clear that medical examiners are given a choice such as [fixed/unfixed]. If fewer than 8-12 hours (or so) have passed since death and lividity has not yet become fully fixed, they will pick "unfixed." Conversely, if more than 8-12 hours (or so) have passed, they will pick "fixed."

2. Prominent vs. Not Prominent

This language comes from an autopsy report by Donald G. Wright, M.D., John E. Smialek, M.D.:

Lividity was present on the posterior surface of the body, but was not prominent. (emphasis added)

My guess is that it is assumed that lividity is prominent unless language about it being "not prominent" is included. There are a few factors that can lead to lividity being "not prominent," including the victim having darker skin. That was the case with this autopsy report because the victim was African-American.

3. Anterior vs. Posterior

This language comes from an autopsy report by Pamela A. Aronica-Pollak, M.D.:

Lividity was present and fixed on the posterior surface of the body, except in areas exposed to pressure. (emphasis added)

From this language, it seems clear that medical examiners are given a choice such as [anterior/posterior]. If there is lividity on the front of the victim's body, the ME states that there was lividity "on the anterior surface of the body." If there is lividity on the back of the victim's body, the ME states that there was lividity "on the posterior surface of the body." I couldn't find any examples of  an ME indicating that there was lividity "on the lateral surface of the body," probably because there are few cases where the victim was perfectly perpendicular to the ground for 8-12 hours (or so) after death.

4. Anterior/Posterior vs. Anterior/Posterior Left/Right Lateral

This language comes from an autopsy report by Stephen S. Radentz, M.D., and John E. Smialek, M.D.:

Lividity was present and fixed on the posterior-left lateral aspect of the body, except in areas exposed to pressure. (emphasis added).

Whereas there aren't many cases in which the victim was perfectly perpendicular to the ground for 8-12 hours (or so) after death, there are many cases in which the victim was at an angle. In these cases, the ME can seemingly supplement her [anterior/posterior] conclusion by noting whether the lividity was [left/right lateral]. In the above example, the medical examiners are indicating that the victim's lividity was on the back left of the body, indicating the victim was on his back in the 8-12 hours (or so) after death, with his right side more elevated than his left side. Conversely, when a medical examiner simply states that lividity was on the "anterior aspect" or the "posterior aspect," this means that the lividity was front-center or back-center.

5. Generalized Lividity vs. Localized Lividity

This language comes from an autopsy report by Stephen S. Radentz, M.D., and Marlon O. Aquino, M.D. (who signed off on Hae's autopsy report):

Lividity was present and fixed on the inferior aspect of the back and the lower extremities, except in areas exposed to pressure. (emphasis added).

I didn't find this type of language very often, presumably because lividity is usually generalized (e.g., generally on the front or the back, but not any particular portion of the back). The type of language used in this autopsy report seems to indicate that the victim was on his back in the 8-12 hours (or so) after death, with the top half of his body more elevated than the bottom half, explaining the lividity pattern.

6. The Uniqueness of Hae's Autopsy Report

In addition to the initial description of Hae's lividity in the "External Examination" section of her autopsy report, there was also this further description in the "Evidence of Injury" section:

The body was found in the woods, buried in a shallow grave with the hair, right foot, left knee, and left hip partially exposed. The body was on her right side....

Generalized skin slippage was noted and livor mortis was prominently seen on the anterior-upper chest and face.

I'm not quite sure what to make of this language. If I had to guess, I think this language means that the lividity was more prominent on the anterior-upper chest and face and less prominent, but still present, on the rest of the anterior surface of the body. This would make sense given that the medical examiner from the podcast was able to see anterior lividity on the abdomen when looking at the crime scene photos. It would also be consistent with the lower portion of Hae's body being more elevated than the upper portion, helping to explain the double diamond presure marks in the shoulder area.

The reason I don't have certainty about this language is that Hae's autopsy report is the only Maryland autopsy report I've seen which included such a further description of lividity in the "Evidence of Injury" section. This includes autopsy reports written in Maryland from 1995 to 2014. The 2014 autopsy report is publicly available and follows the same format as Hae's autopsy report.* As in all of the other autopsy reports, it has initial language about lividity in the "External Examination" section:

Lividity was present and fixed on the posterior surface of the body, except in areas exposed to pressure.

And, as with all of the other autopsy reports, it contains no further description of lividity in the "Evidence of Injury" section.

So, why did Hae's autopsy report have such a further description in the "Evidence of Injury" section? Was it because Hae's burial position didn't match the lividity pattern? Was it because Dr. Rodriguez, who supervised the disinterment, was present for the autopsy? Did Dr. Korell decide to include this further information in Hae's autopsy report for no apparent reason despite such information not being included in any other available autopsy report written over a 20 year period in Maryland? Is there some other explanation? As with so many other questions in this case, I wish I knew.

_________________________

*The report is more terse, but that's probably because the case was an obvious suicide as opposed to a homicide.

-CM

https://lawprofessors.typepad.com/evidenceprof/2016/02/d-lividity-was-present-and-fixed-on-the-anterior-surface-of-the-body-except-in-areas-exposed-to-pressure.html

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Comments

" This would make sense given that the medical examiner from the podcast was able to see anterior lividity on the abdomen when looking at the crime scene photos."

Is this true? Didn't the medical examiner say:
"Because they were black and white and because of the changes of decomposition and dirt at least on the body in some of those photos, I cannot tell the lividity pattern based on those photos alone."

Posted by: Mike | Feb 17, 2016 5:58:13 AM

were the forensic autopsy reports you were reading from murders or overall deaths?
I would think in a murder case, they would be more specific regarding the lividity as it is used to approximate time of death.

Posted by: NavyMom | Feb 17, 2016 6:37:03 AM

Mike: MSNBC later got 8 crime scene photos (4 pre-disinterment & 4 mid-disinterment). After I showed them to the ME, she noted the lividity in the abdomen.

NavyMom: Apart from the 2014 autopsy report, these were all deaths that led to criminal prosecutions or civil lawsuits.

Posted by: Colin Miller | Feb 17, 2016 6:56:13 AM

It seems interesting to me that the authors do not locate/describe the areas exposed to pressure, especially given what this could tell the reader about presence or absence of clothing, or the surface the body might have lain upon, etc. Or at least comment on whether or not the pattern is consistent with final resting place. Do none of the other reports comment on this?

Posted by: Cupcake | Feb 17, 2016 7:12:24 AM

Normally, detectives would rely heavily on the observations and details about the body noted by the professionals who documented the crime scene. Especially if the professional documenting the crime scene is a world renowned forensic anthropologist.

However Dr Rodriguez failed to document his findings as he processed the crime scene. Therefore detectives were working the case esentially blind, without the aid of any information or observations from the crime scene related to Haes body that could normally be inferred from the professionals processing it.

Jim Clemente (who is a noted crime investigator) saw the diamond shape marks on the body. He said that they had to be caused by some sort of man-made item that the body was lying on while lividity was fixed. Nothing that could possibly create these marks was found at Leakin Park. That means that Haes body had to be kept in another location 8 to 12 hours prior to being left at Leakin Park.

This diamond shape marks showing her body was laying on some sort of man-made item was left out of the autopsy report. Why???

The investigation was flawed from the day her body was found because prosecutors interfered with the investigation. Why????

And why did Baltimore detectives allow evidence from the crime scene to be obscured/undocumented?

Note: Jim Clemente reviewed the crime scene and autopsy photos prior to his interview with Bob Ruff in October 2015

Posted by: Pdxkat | Feb 17, 2016 9:23:38 AM

I've posted this before, but not sure if in this blog. Here's what I've found re the diamond patterns. I'd be interested if anyone else has looked and found anything that could cause these marks, or if there is any information from any law enforcement investigator who even looked.

http://janwhitaker.com/could-this-die-have-caused-the-marks-on-hae-min-lees-body/

Posted by: JLWhitaker | Feb 17, 2016 3:36:10 PM

"Mike: MSNBC later got 8 crime scene photos (4 pre-disinterment & 4 mid-disinterment). After I showed them to the ME, she noted the lividity in the abdomen."

Were these 8 photos the ones admitted into evidence at trial?

Posted by: Michael | Feb 17, 2016 5:14:33 PM

Rigid plastic milk crates often have a diamond grid.

Posted by: MaggieE | Feb 17, 2016 7:18:36 PM

JT Whitaker this is good stuff and the scale of the items seems to work also. Best suggestion I've seen so far.

Posted by: LB | Feb 18, 2016 4:12:48 AM

Cupcake: They do not.

Pdxjat: I wish we could answer some of those questions.

JLWhutaker: Thanks. Interesting.

Michael: Yes.

Posted by: Colin Miller | Feb 18, 2016 12:47:57 PM

Were there harlequin embellishments on Hae's sweater?

Posted by: Geoff B | Feb 18, 2016 4:32:36 PM

JLWhitaker - Nice find, but I think I have something that's closer. http://www.runyonsurfaceprep.com/X-Series-40-Grit-Diamond-Tool.item
BY NO MEANS is this a perfect match. For one thing, there's no scale shown and from my estimates I think the shapes are smaller than the pressure marks. Also, this line of grinding tool is new, and the line it replaced didn't have quite the same shape so I have no idea if anything of this shape was around in 1999 let alone at the crime scene. But the way the two double-diamonds line up with each other seems to be a match, and note that the pressure marks aren't in a continuous strip across her skin, only a pair on one side and a single one on the other.

Posted by: Dan | Feb 19, 2016 8:10:51 AM

Hi Colin, very interesting comments but it's a shame that no-one seems to have access to hi res photos from the actual autopsy which would better help us understand the ME's comments .You say that the 8 photos MSNBC obtained were the ones submitted into evidence. How can you tell this, did they have the exhibit numbers on them?

Posted by: PhilCee | Feb 19, 2016 8:11:37 AM

George.

Haes sweater was a solid white color.

Posted by: Pdxkat | Feb 19, 2016 10:01:57 AM

JLWhitacre I posted in the adnan syed case discussion group on facebook a picture of a sneaker with diamond shaped tread on the bottom...not sure how to post a picture here but you can check it out there

Posted by: backbay | Feb 19, 2016 2:49:01 PM

Backbay, a shoe tred is a great idea, but is it the same size? I think of sneaker trends as having smaller patterns/shapes than were found on her body. I like the sweater idea... I have had shirts and sweaters with metal "flair" on them. Is her clothing still in a box in the basement of a police station somewhere? I was also thinking some sort of mat on the floor of a van. I wonder if something was placed on her upper torso, (on her back) a rock or a heavy bag or something, that allowed the impressions and lividity to be so pominent?

Posted by: Iheartegrets | Feb 20, 2016 7:28:49 AM

I sent this to Bob Ruff when he did his episode on this. Its interesting that she doesn't have lividity "smoosh marks" on her face, if she was face down. She has patterns on her shoulders, but not her face suggesting her face was higher, or held off the suface. I think maybe she was propped up on some tires (http://www.impact-enterprises.com/photo/2308065a.jpg) that had a diamond tread, especially a tread that goes over the edges. This photos isn't perfect, but it gives you the idea. Its also likely that its something common (like a tire) than an obscure object that is really hard to find and easy to identify for the location -- just because of the Occam's Razor principle...

Posted by: E | Feb 20, 2016 12:45:09 PM

Hmm, i think I missed up the link: http://www.impact-enterprises.com/photo/2308065a.jpg. Anyway, just google tires with diamond treads if that doesn't work

Posted by: E | Feb 20, 2016 12:46:39 PM

Hi E I don't think that her face can have been raised up. The autopsy report, as above, said: livor mortis was prominently seen on the anterior-upper chest and face.
So her face was at least at the same level as her upper chest or even lower down

Posted by: PhilCee | Feb 22, 2016 7:14:05 AM

PhilCee -- thanks, somehow I completely missed that!!!

Posted by: E | Feb 23, 2016 10:42:30 AM

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