Thursday, October 1, 2015

Yesterday, Susan Simpson did a post about the crime scene photos and lividity. I write to join Susan in hoping that nobody attempts to post the crime scene photos for obvious reasons. As far as I understand things, (1) we have received 8 crime scene photos that were authenticated and admitted at trial; and (2) other people have obtained 22 crime scene photos, which may be (a) 22 entirely separate photos that were not authenticated or admitted into evidence; or (b) 14 unauthenticated photos and the 8 photos that were authenticated and admitted into evidence.

Those who have viewed the 8 authenticated photos believe that Hae's upper chest and face were less prone. Those who have viewed the 22 photos believe that Hae's upper body and chest were more prone. There are also other points of disagreement, such as the positioning of Hae's arms and whether her hand was visible before excavation had begun.

There doesn't, however, appear to be any disagreement about Hae's abdomen. In both of the diagrams above, Hae's abdominal area is clearly not parallel to the ground. This is significant because, after seeing the crime scene photos, Dr. Hlavaty was able to detect anterior abdominal lividity: "There is red fluid on the face that came from the nose and mouth and is decomposition fluid, and there is a pink color to the skin on the exposed abdomen that is lividity." This is confirmed by the poster claiming the alternate positioning of the body, with the poster even noting that this pink coloration is at the center of the abdomen: "The center of the abdomen is a light pink color, somewhat darker than the white skin running down the midline of the chest." It also is consistent with the autopsy report, which stated that "[l]ividity was present and fixed on the anterior surface of the body, except in areas exposed to pressure."

The only way that this front/center abdominal lividity would make sense is if Hae's abdomen were parallel to the ground. Under both renderings, it isn't. One rendering must be closer to reality than the other, but this seems like a distinction without a meaning. In either case, the abdominal lividity is inconsistent with the body's position, and I hope that everyone involved leaves it at that.

-CM

https://lawprofessors.typepad.com/evidenceprof/2015/10/yesterday-susan-simpson-dida-postabout-the-crime-scene-photos-and-lividity-i-write-to-join-susan-in-hoping-that-nobody-atte.html