9780398093129
9780398093129
9780398093129
MEDICOLEGAL INVESTIGATION
OF DEATH
"The search for truth is the essence of forensic pathology. This truth forms an essential link between the
enforcement of law and the protection of the public in administration of justice." This illustration
shows a sculpture by Una Hanbury, located in the lobby of Maryland's Medical Examiner's Building
in Baltimore. The guardian figure on the left represents law. Next to it the doctor holds up the lamp of
knowledge towards the symbolic figure of justice. Justice is interpreted in its aspect of love. The general
public is suggested by the group of figures on the right. An inscription underneath the sculpture reads,
"Wherever the art of medicine is practiced is there is also a love of humanity." (Hippocrates)
Spitz and Fisher’s
MEDICOLEGAL INVESTIGATION
OF DEATH
Guidelines for the Application
of Pathology to Crime Investigation
FiFth Edition
Edited by
Co-edited by
With a Foreword by
RAMSEY CLARK
Former Attorney General of the United States
C H A R L E S C T H O M A S • P U B L I S H E R • LT D.
Springfield • Illinois • U.S.A.
Published and Distributed Throughout the World by
Names: Spitz, Werner U., 1926- editor. | Diaz, Francisco J. (Medical examiner), editor. | Fisher,
Russell S., 1916-1984 past editor.
Title: Spitz and Fisher's medicolegal investigation of death: guidelines for the application of
pathology to crime investigation/ edited by Werner U. Spitz, M.D., Consultant, Forensic
Pathology and Toxicology, St. Clair Shores, Michigan, Chief Medical Examiner, Wayne
and Macomb Counties, Michigan (Retired), Professor of Pathology, Wayne State University
School of Medicine, Detroit, Michigan, Adjunct Professor of Chemistry (Former),
University of Windsor, Windsor, Ontario, Canada (Former), co-edited by Francisco J. Diaz,
M.D., Deputy Chief and Medical Director, Office of the Chief Medical Examiner,
Washington, DC, Clinical Assistant Professor, George Washington School of Medicine,
Former Assistant Medical Examiner of Wayne County, Michigan, Faculty at University of
Michigan School of Medicine; with a foreword by Ramsey Clark, Former Attorney General
of the United States.
Other titles: Medicolegal investigation of death
Description: Fifth edition. | Springfield, Illinois : Charles C Thomas, Publisher, Ltd., 2020. |
Revised edition of: Spitz and Fisher's medicolegal investigation of death/ edited by Werner
U. Spitz, co-edited by Fisher, Russell S., 4th ed. c2006. | Includes bibliographical references
and index.
Identifiers: LCCN 2019038286 (print) | LCCN 2019038287 (ebook) | ISBN 9780398093129
(cloth) | ISBN 9780398093136 (ebook)
Subjects: LCSH: Forensic pathology. | Death--Causes.
Classification: LCC RA1063.4 .S63 2020 (print) | LCC RA1063.4 (ebook) | DDC 614/.1--dc23
LC record available at https://lccn.loc.gov/2019038286
LC ebook record available at https://lccn.loc.gov/2019038287
To my father
Siegfried Spitz, M.D.
my first and foremost teacher
and to
my mother
Anna Spitz, M.D.
who relentlessly showed me the way.
W.U.S.
To my parents
Luz Domingo de Diaz and Francisco Diaz-Morales
for their sacrifice and for showing me and my siblings
that education is our most valuable asset.
To
Javier
in hopes that this work inspires him in his life’s journey
and to
Angalena
for making a reality of what seemed impossible
F.D.
CONTRIBUTORS
vii
viii Medicolegal Investigation of Death
“M ordre Wol Out,” Chaucer’s Prioress tells us. But those who work in
homicide investigation, forensic pathology, and criminal law know
better. The true manner of death which may have been murder is not deter-
mined in tens of thousands of cases annually in our violent land. The cost to
the nation in truth, justice, health, and safety is enormous.
Had Hamlet put aside indecision, sentimentality, emotion, the wan grief
spent on the skull of the jester of his youth—“Alas, poor Yorick! I knew him,
Horatio”—and obtained an autopsy on his dead father, the King of Denmark,
Shakespeare’s play might have turned from tragical to historical. Surely, we
now see how our failures can affect history itself. The violent death of a Presi-
dent will always cause the deepest fears and suspicions. There will always be
the allegation of gunfire from a grassy knoll.
We can determine the truth, and medical science must play a major role.
The coeditor of this important volume was one of four professionals I called on
as Attorney General to review the autopsy photos and x-rays of our beloved
President who looked “forward to the day when America would no longer be
afraid of grace and beauty.” In a time of profound doubt and international
concern, with the highest integrity, self-discipline, and professional skill, Dr.
Fisher contributed to those most reassuring phenomena, facts linked together
pointing to truth.
How many men in America can qualify for such a task? That this is the
first volume in twenty-five years dealing directly and effectively with the sub-
ject of medicolegal investigation of death tells us that our neglect here is
enormous. The deaths of John F. Kennedy, Medgar Evers, Malcolm X, Martin
Luther King, Jr., Robert Kennedy, and Whitney Young, Jr., show how our in-
adequacy can alter our destiny.
About 4:45 a.m., on December 4, 1969, two young Black Panthers, Fred
Hampton and Mark Clark, were killed by gunfire in the city of Chicago. The
shooting occurred during the course of a police raid on Panther headquar-
ters. There followed an official inquest, a protest inquest, three autopsies, and
three grand jury investigations. Each of the autopsies was performed under con-
ditions in a manner or reported in a way that added to speculation over the
real cause of death.
A community has been left in profound doubt as to the identity of the
guns from which the bullets causing death were fired, even the direction of
entry and number of shots. Were the deaths accidental? Were police justified
in this use of deadly force? Were the dead murdered by the police? Was Fred
Hampton drugged at the time of death? That over five thousand people at-
tended his funeral indicates the impact of our failure to establish the truth.
The resulting division in the community will affect the quality of life there
and, through those who live there, elsewhere, for a generation or more.
ix
x Medicolegal Investigation of Death
RAMSEY CLARK
Former Attorney General
of the United States
Washington, D.C.
14 July 1972
PREFACE TO THE FIFTH EDITION
T his is not just a new edition but a different book emphasizing trauma and
wound analysis. We have eliminated a number of chapters that are no
longer applicable or that are adequately covered in other publications. The
addition of a new co-editor, Dr. Francisco J. Diaz, has brought new ideas to
this fifth edition. We are proud to include a chapter by Doctor Jan Leetsma,
world-renowned neuropathologist. Doctor Leetsma’s vast experience in fo-
rensic neuropathology will certainly enhance this book.
Over time, in the past 48 years since this book was first published, Medico-
legal Investigation of Death has been dubbed the “Bible of Forensic Pathology.”
We hope that it will continue to be known as such.
The fifth edition includes over 600 case reports and hundreds of color photo-
graphs. The cases are from files we have handled. Many times we have found
that analysis of small wounds will lead to understanding of a giant case—like
the case in Hawaii, where a body was found under a full-size van with a
thread mark on the cheek consistent with the victim’s having been hit with a
black pipe used for gas lines that were found in a bucket in the rear of the
van. As it turned out, this was a murder, not an accident. The book is full of
such cases.
Medicolegal Investigation of Death now embraces not just basic forensic
pathology, but also includes death during restraint, including conscious pain
and suffering, and new concepts related to the interpretation of injuries by
detailed wound analysis.
I remember spending hours into the night with Doctor Karplus teaching
me the details of injuries, to understand how a person was injured and how
he or she died. Injuries that you would never believe significant would sud-
denly shed a new light on the case—like the small rectangular (dice) imprint
on the back of a bald head which indicated that the shot that killed the driver
was fired from outside the vehicle through the rear window of the car, and
was not fired by the passenger sitting next to him.
We have again included the foreword by Ramsey Clark, former Attorney
General of the United States. His words could not have been more appropriate
when he said, “Study this work.”
We wish to thank Michael Thomas of Charles C Thomas, the publisher of
this tome, for all the help, advice, and patience that he and his staff have given
us in the preparation and printing of the fifth edition.
Last but not least, we acknowledge with gratitude the contributions of
Diane Lucke for preparing this manuscript.
W.U.S.
F.J.D.
xiii
PREFACE TO THE FOURTH EDITION
I t is with great pleasure that I present this fourth edition of Medicolegal Inves-
tigation of Death and introduce my son Daniel as Coeditor. I am thrilled
that he decided to follow in my footsteps. After working several years in
Florida at the Dade and Hillsborough Counties Medical Examiner’s Offices,
Dan has now joined me in Michigan. His relocation enables us to exchange
ideas, discuss cases, and work together.
This book was first published in 1972 with Russell Fisher, then Chief Med-
ical Examiner of Maryland. Russ was a pioneer who early on recognized the
importance of teaching, research, and publication in forensic pathology, if
this discipline was to withstand the challenges of time. Russ died in 1987, but
left an indelible mark in these pages. This is the reason why his name is and
will be on the cover.
Medicolegal Investigation of Death has been applauded since its inception,
primarily because of its simple style, avoidance of technical terminology, and
the numerous illustrations it contains. The book was meant for pathologists,
pathology residents, coroners, and all those who have an interest in the rec-
ognition and interpretation of wound patterns, and mechanisms of injury, in-
cluding prosecuting and criminal defense attorneys, attorneys engaged in
civil litigation, detectives, investigators, forensic nurses, and others.
Medicolegal Investigation of Death is a textbook in forensic pathology. It has
become a tradition that this book is rewritten, updated, and expanded every
10 years or so. The present version has been completely redone. Eleven new
chapters and sections, an overall updated and expanded text, hundreds of
new illustrations, and many new contributors make this a totally new book. I
want to acknowledge my profound gratitude to all contributors and welcome
the new authors.
The illustrations are still in black and white and not only to reduce cost.
Color evokes emotions. Black and white is more neutral. For an astute observer,
the lack of color will not be significant.
The popularity of shows depicting medical legal death investigation, such
as Quincy in the 1980s, and recently CSI, Crossing Jordan, and Court TV, to
name but a few, has brought the world of forensic science into everyone’s
living room. These shows have caused the general public to become aware
and intrigued, while raising expectations of what may be derived from a post-
mortem examination.
Every piece of the puzzle plays a role, from the observations recorded by
the police officer at the scene, EMS workers, nurses, and physicians in the
ER, to the forensic pathologist in the autopsy room. It is therefore important
that each understand their role and the significance of their notes when re-
constructing an event.
Such manpower must realize that their notes in patients records may well
become evidence in later legal proceedings. Thus, what were once mere words
xv
xvi Medicolegal Investigation of Death
W.U.S.
PREFACE TO THE THIRD EDITION
W.U.S.
xvii
PREFACE TO THE SECOND EDITION
W hen the first edition of this text was published in 1973, we intended
that it would fill an existing void for an up-to-date account of the cur-
rent state of knowledge of death investigation. The need for a second printing
three years later supported our original belief that such a publication did
indeed meet a demand. Rather than continue with a third printing, we felt
that it would be appropriate at this time to undertake a complete revision of
the text and to include new developments, including primarily a considerable
volume of material that had been previously omitted.
Consequently, many additions and alterations were made to nearly all of
the chapters. New sections on sudden infant death syndrome and chemical
considerations associated with postmortem changes were included. A new
chapter dealing with methodology and interpretation of toxicological pro-
cedures was added. Furthermore, a shortcoming of the previous edition was
corrected by devoting space to preparation of a medicolegal autopsy report
and formulation of a medicolegal opinion, as have been found to be advanta-
geous in the author’s own experience.
Significantly more space was allotted to illustrations. We were almost
tempted to include color, but in the interest of lower cost, photographs were
again limited to black and white, although the emphasis on quality was
continued.
In conformity with the first edition, an attempt was made to maintain the
practical character of the book, and where possible, technical terminology
was avoided in the interest of easier understanding for a wider spectrum of
readers.
It is the editors’ pleasure to acknowledge the assistance received from so
many colleagues, pathologists, police officers, and attorneys, who contributed
by their questions and suggestions. As previously, a great debt of gratitude is
owed to Mrs. Hannelore Russell-Wood (Schmidt-Orndorff) for assistance with
the editorial work, preparation of the index, and collating of the entire manu-
script. Elaine Sacra, research assistant at the Wayne County Medical Exam-
iner’s Office, helped transform a raw manuscript into a coordinated text, and
Nancy Whayne prepared additional drawings. Special thanks are due to our
photographers, Lester Walter and Anna Faulkner, for hours of expert labor
spent in providing illustrations for the new material in this edition.
W.U.S.
R.S.F.
xix
PREFACE TO THE FIRST EDITION
xxi
xxii Medicolegal Investigation of Death
prosecution and defense of those related to such events, and the protection
of the public welfare.
W.U.S.
R.S.F.
ACKNOWLEDGMENTS TO THE FIFTH EDITION
Let it be Known
Now that we have completed the fifth edition, we miss Bill Loechel more
than ever. Bill made all the drawings, sketches, and diagrams that appeared in
all five editions of Medicolegal Investigation of Death since 1972, when the first
book appeared in print. He prepared the drawings while I talked to him and
told him what I needed. He was amazing; he was a perfectionist, a master at
his job. I wish he was still here.
William Edgar Loechel was born and raised in Baltimore, where I first met
Bill. He was the first medical illustrator for the NIH. Bill died on September
7, 2011, at the age of 88. As amazing as he was, he was humble, always pa-
tient, meticulous and perfect.
We wish to acknowledge and thank Javier Diaz for spending hours on end
to help locate pictures, which was not an easy task, and help in preparation
of the manuscript. Javier just started college and intends to continue a career
in orthopedic medicine. We wish him good luck.
Our sincere gratitude to Diane Lucke for her devotion and dedication to
preparing this manuscript for print and compiling the index. Only her per-
severance and tireless effort made it possible to accomplish this task. Without
Diane’s meticulous efforts in the third, fourth, and present fifth editions, this
book would have never been published.
Lastly, we wish to acknowledge our gratitude to Philip Pokorski, Ph.D., for
the days he spent doing library research in connection with the publication
of this book.
W.U.S.
xxiii
ACKNOWLEDGMENTS TO THE FOURTH EDITION
W.U.S.
xxv
ACKNOWLEDGMENTS TO THE FIRST EDITION
T he idea of compiling a book such as this was not new to us. We had been
toying with this thought many times in the past. However, by insisting on
the need for such a book and by impulsively establishing contact with the
publishers, Col. James T. McGuire, Superintendent of the Illinois State Police,
gave us the necessary impetus to go ahead with our plan. To him goes our
appreciation for his insight and understanding of the need for dissemination
of experience in the pathology of trauma among law enforcement personnel
to help ensure a better administration of justice.
Our thanks to all those who have contributed to this book with their knowl-
edge and experience, and who have thereby helped us make this endeavor
possible.
Finally, our sincere gratitude to Hannelore Schmidt-Orndorff for her able
assistance with the editorial work. Her continuous drive and suggestions have
helped immensely in the task of preparing the manuscript from its inception.
The editors also wish to acknowledge the cooperation of the photographers
of the Medical Examiner’s Office in Baltimore—Walter C. Carden and M.
Gibson Porter—for the preparation of the illustrations of the chapters contrib-
uted by the editors as well as Chapters IV, XVII, and XXI.
W.U.S.
R.S.F.
xxvii
CONTENTS
Page
Foreword—Ramsey Clark . . . . . . . . . . . . . . . . . . . . . . . . ix
Preface to the Fifth Edition . . . . . . . . . . . . . . . . . . . . . . . xiii
Preface to the Fourth Edition . . . . . . . . . . . . . . . . . . . . . . . xv
Preface to the Third Edition . . . . . . . . . . . . . . . . . . . . . . . xvii
Preface to the Second Edition . . . . . . . . . . . . . . . . . . . . . . . xix
Preface to the First Edition . . . . . . . . . . . . . . . . . . . . . . . xxi
Chapter
I. Time of Death and Postmortem Changes . . . . . . . . . . . 3
II. Forensic Aspects of Anthropology . . . . . . . . . . . . . . . 43
III. Blunt Force Injury . . . . . . . . . . . . . . . . . . . . . . . 57
IV. Forensic Aspects of Radiology . . . . . . . . . . . . . . . . . 107
V. Death in Childhood . . . . . . . . . . . . . . . . . . . . . . 125
VI. The Road Traffic Victim . . . . . . . . . . . . . . . . . . . . 189
VII. Sharp Force Injury . . . . . . . . . . . . . . . . . . . . . . . 243
VIII. Injury by Gunfire . . . . . . . . . . . . . . . . . . . . . . . 313
IX. Asphyxia . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
X. Drowning and Injury in Water . . . . . . . . . . . . . . . . . 467
XI. Electrical and Lightning Injuries . . . . . . . . . . . . . . . . 499
XII. Fire and Scalding Injuries . . . . . . . . . . . . . . . . . . . 519
XIII. Trauma of the Nervous System . . . . . . . . . . . . . . . . 549
XIV. Forensic Aspects of Alcohol and Marijuana . . . . . . . . . . 609
XV. The Forensic Autopsy and Medical Legal Reporting . . . . . . 625
XVI. Selected Procedures at Autopsy . . . . . . . . . . . . . . . . 653
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
xxix
“In fine, nothing is said now
That has not been said before.”
DEFINITION OF DEATH
3
4 Medicolegal Investigation of Death
Following death, numerous physicochemical death is longer, the estimate of time of death be-
changes occur, which ultimately lead to the lique- comes more inaccurate.
faction of all soft tissues. The medicolegal impor- A young, thin, adult female was found on her bed, un-
tance of these postmortem changes is related covered, nude, with over 100 stab wounds on the limbs and
primarily to their sequential nature which can be torso. Due to a ceiling fan operating over the body, she was
utilized in the determination of the time of death not decomposed, despite the room temperature being in
and the related destructive and/or artefactual the mid-80s (°F), with high humidity and time of death esti-
mate of 12-15 hours.
changes which may simulate premortem injuries
or modify toxicological findings. Because of inherent inaccuracies in the timing
The determination of the time of death is of individual postmortem changes, the following
generally based on the principle of using sequen- approach is usually effective. An initial determi-
tial changes as a postmortem clock. Physicochemi- nation of a wide window of death is made, which
cal changes are evident upon direct examination is then subsequently narrowed and refined by
of the body, such as changes in body tempera- using variable parameters. The window of death is
ture, livor, rigor, and decomposition. These defined as the time interval prior to which one
changes are routinely reported in protocols may assert with confidence, that the individual
and are most commonly used in postmortem was alive. The window of death should be estab-
timing. lished according to the most reliable testimony
Injuries to the decedent are also often useful or evidence as to when the individual was last
in determining the time of death. The survival known to be alive (witnesses, verified signed doc-
time after injuries, particularly when the time of uments, last time newspapers were brought into
infliction is known, can be estimated. Qualities the house, last time of withdrawal on bank ac-
to look for include the nature, extent, and sever- counts, use of credit cards, use of phone and
ity of injuries, the quantitation of associated social media, etc.).
complications, amount of bleeding, and early
tissue reaction to injuries. In addition, any ade- Postmortem Cooling (Algor Mortis)
quate autopsy will record the amount, composi-
tion, and appearance of gastric contents. Postmortem body temperature declines pro-
The major problem encountered in the esti- gressively until it reaches ambient temperature.
mation of the time of death is the variation in Under average conditions, the body cools at a
the environmental and individual factors that rate of 2.0°F to 2.5°F per hour during the first
impact the magnitude and kinetics of postmor- few hours and slower thereafter, with an average
tem phenomena. The physicochemical changes loss of 1.5°F to 2°F during the first twelve hours
following death are greatly dependent on envi- and 1°F for the next twelve to eighteen hours.
ronmental conditions and the metabolic status The final slowing of the rate of cooling is attrib-
of the individual prior to death. Therefore, the uted to the reduced gradient between body tem-
deceased must be considered in view of envi- perature and ambient temperature. Careful
ronmental factors (temperature, ventilation, hu- studies under controlled conditions have shown
midity) and his or her characteristics (body that the decrease in the postmortem body tem-
build, premortem exercise, state of health). Due perature is not rectilinear but sigmoid in shape
to the significant variation in the kinetics of with a plateau at the beginning and at the end of
postmortem phenomena, the time of death the cooling process.7
cannot be pinpointed exactly; the time of death The initial plateau, which rarely lasts more than
is rather estimated within a range of time. The three to four hours, is generally explained on the
time range is wider when the interval since the basis of heat generated by the residual metabolic
actual death is longer. As the actual time of process of dying tissues and by the metabolic
Time of Death and Postmortem Changes 5