Oklahoma High School
Mock Trial Program
2013-2014
State of Oklahoma
v.
Brit Reynolds
Adapted by
Chairperson Christine Cave, Tai Du, Melissa Peros, Karolina Roberts, and Marsha Rogers
OBA Mock Trial Case Development Committee
The Mock Trial Committee thanks the Idaho Law Foundation in Boise, ID for permission to use the case
which was edited for Oklahoma by the Case Development Committee. We hope you find these
materials interesting and educational, and we wish you the best of luck at competition!
Oklahoma Bar Foundation, IOLTA Grant
1
TABLE OF CONTENTS
Witness and Exhibit Lists ......................................................................................................3
Charging Document ...............................................................................................................4
Legal Authorities ...................................................................................................................5-6
Jury Instructions .....................................................................................................................6-10
Statement of Facts ..................................................................................................................11-12
Statement of Joey Garrett.......................................................................................................13-17
Statement of Officer Kris Evelrud .........................................................................................18-21
Statement of Dr. Kim Hobbes ................................................................................................22-24
Statement of Brit Reynolds ....................................................................................................25-29
Statement of Dr. Sage Bingham.............................................................................................30-33
Statement of Ranger Marion Birch ........................................................................................34-37
Exhibit 1, Map of Turner Falls ..............................................................................................38
Exhibit 2, Map of the Cove ....................................................................................................39
Exhibit 3, Photographs of Turner Falls ..................................................................................40
Exhibit 4, Text Message Exchange ........................................................................................41
Exhibit 5, Scientific Article on Rigor Mortis.........................................................................42-53
Exhibit 6, Medical Autopsy Diagram ....................................................................................54
Exhibit 7, Photograph of Rock...............................................................................................55
2
WITNESS AND EXHIBIT LIST
DEFENSE WITNESSES
PROSECUTION WITNESSES
Officer Kris Evelrud
Dr. Sage Bingham
Ranger Marion Birch
Joey Garrett
Brit Reynolds
Dr. Kim Hobbes
EXHIBITS*
EXHIBIT NAME
1
Map of Turner Falls
2
Map of the Cove
3
Photographs of Turner Falls
4
Text Message Exchange
5
Scientific Article on Rigor Mortis
6
Medical Examiner’s Diagram from Autopsy of Anne Marcus
7
Photograph of Rock from Crime Scene
*The preceding exhibits may be used by teams in competition. They are pre-marked and are
to be referred to by number.
STIPULATIONS
The Prosecution and Defense stipulate to the following facts:
1. Anne Marcus and Brit Reynolds have Type A blood.
2. All witness statements were taken in a timely manner and properly executed. Any
requirements of dating the statements or notarizing are waived for purposes of this case.
3. The vandalized locker belonged to Anne Marcus.
4. For purposes of this case, sunset was at 8:41p.m., on June 3, 2013.
5. Weather, tides, sunrise/sunset times, etc. are not subject to judicial notice.
6. Any statute of limitation issues are waived or not applicable.
7. Any procedural or technical deficiencies in the Indictment or other documents are waived,
not applicable, or subject to future amendment.
8. All exhibits included in the problem are authentic and accurate in all respects, and no
objections to the authenticity of the exhibits will be entertained.
9. The requirements for jurisdiction and venue have been met.
10. Whenever a rule of evidence requires that reasonable notice be given, it has been given.
3
CHARGING DOCUMENT
IN THE DISTRICT COURT OF SLEEPY HOLLOW COUNTY,
STATE OF OKLAHOMA
State of Oklahoma,
Prosecution
CF-2013 - 1000
Felony Information
Judge Judy Jacobs
v.
BRIT REYNOLDS
Defendant.
BE IT REMEMBERED:
That the duly elected and qualified, Mr. Justice Foreall, District Attorney for Sleepy
Hollow County, Oklahoma, who prosecutes in the name and by the authority of THE STATE
OF OKLAHOMA, comes now into the District Court of Sleepy Hollow County, State of
Oklahoma, and gives the Court to understand and be informed that:
(Count 1)
BRIT REYNOLDS, on or about June 3, 2013, in Sleepy Hollow County, State of Oklahoma
and within the jurisdiction of this Court, did commit the crime of MURDER IN THE FIRST
DEGREE, a felony, by unlawfully, feloniously, and willfully with malice aforethought, without
the authority of the law, effect the death of ANNE MARCUS by means then and there and
thereby inflicting certain mortal wounds in the body of said ANNE MARCUS from which
mortal wounds the same ANNE MARCUS did languish and die on or about June 3, 2013.
WHEREFORE, the State of Oklahoma prays that the Court authorizes the filing of this
Information and proceed herein as the Court may deem proper.
/s/ Justice Foreall
District Attorney
4
LEGAL AUTHORITY
Title 21 Chapter 24 Section 701.7 - Murder in the First Degree
A. A person commits murder in the first degree when that person unlawfully and with malice
aforethought causes the death of another human being. Malice is that deliberate intention
unlawfully to take away the life of a human being, which is manifested by external
circumstances capable of proof.
B. A person also commits the crime of murder in the first degree, regardless of malice, when
that person or any other person takes the life of a human being during, or if the death of a
human being results from, the commission or attempted commission of murder of another
person, shooting or discharge of a firearm or crossbow with intent to kill, intentional
discharge of a firearm or other deadly weapon into any dwelling or building as provided in
Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping,
escape from lawful custody, eluding an officer, first degree burglary, first degree arson,
unlawful distributing or dispensing of controlled dangerous substances, or trafficking in
illegal drugs.
C. A person commits murder in the first degree when the death of a child results from the willful
or malicious injuring, torturing, maiming or using of unreasonable force by said person or
who shall willfully cause, procure or permit any of said acts to be done upon the child
pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first
degree that the person either willfully tortured or used unreasonable force upon the child or
maliciously injured or maimed the child.
D. A person commits murder in the first degree when that person unlawfully and with malice
aforethought solicits another person or persons to cause the death of a human being in
furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous
substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully
possessing with intent to distribute or dispense controlled dangerous substances, or
trafficking in illegal drugs.
E. A person commits murder in the first degree when that person intentionally causes the death
of a law enforcement officer or correctional officer while the officer is in the performance of
official duties.
Title 21 Chapter 24 Section 701.9 - Punishment for First Degree Murder - Penalty for
Second Degree
A. A person who is convicted of or pleads guilty or nolo contendere to murder in the first degree
shall be punished by death, by imprisonment for life without parole or by imprisonment for
life. A person who is convicted of or pleads guilty or nolo contendere to murder in the first
5
degree, as described in subsection E of Section 701.7 of this title, shall not be entitled to or
afforded the benefit of deferment of the sentence.
B. A person who is convicted of or pleads guilty or nolo contendere to murder in the second
degree shall be guilty of a felony punishable by imprisonment in a state penal institution for
not less than ten (10) years nor more than life.
Title 21 Chapter 24 Section 731 - Excusable Homicide
Homicide is excusable in the following cases:
1. When committed by accident and misfortune in doing any lawful act, by lawful means, with
usual and ordinary caution, and without any unlawful intent.
2.
When committed by accident and misfortune in the heat of passion, upon any sudden and
sufficient provocation, or upon a sudden combat provided that no undue advantage is taken,
nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.
PERTINENT JURY INSTRUCTIONS
OUJI-CR 1-8 OPENING INSTRUCTION
You have been selected and sworn as the jury to try the case of the State of Oklahoma versus
Brit Reynolds. The defendant is charged with the Crime of Murder in the First Degree by an
Information filed by the State.
The Information in this case is the formal method of accusing the defendant of a crime. The
Information is not evidence and the law is that you should not allow yourselves to be influenced
against the defendant by reason of the Information.
The defendant has pleaded not guilty. A plea of not guilty puts in issue each element of the
crime with which the defendant is charged. A plea of not guilty requires the State to prove each
element of the crime beyond a reasonable doubt.
The defendant is presumed innocent of the crime and the presumption continues unless after
consideration of all the evidence you are convinced of his/her guilt beyond a reasonable doubt.
The State has the burden of presenting the evidence that establishes guilt beyond a reasonable
doubt. The defendant must be found not guilty unless the State produces evidence which
convinces you beyond a reasonable doubt of each element of the crime.
Evidence is the testimony received from witnesses under oath, agreements as to fact made by the
attorneys, and the exhibits admitted into evidence during the trial.
6
It is your responsibility as jurors to determine the facts from the evidence, to follow the law as
stated in the instructions from the judge, and to reach a verdict of not guilty or guilty based upon
the evidence.
OUJI-CR-24 LESSER INCLUDED OFFENSES
The defendant is charged with Murder in the First Degree with Malice Aforethought. You are
instructed that, in addition to evidence concerning the crime of Murder in the First Degree with
Malice Aforethought, evidence has also been introduced concerning the crime of Murder in the
Second Degree by Imminently Dangerous Conduct and evidence has also been introduced
concerning the crime of Manslaughter in the First Degree by Heat of Passion.
If you have a reasonable doubt as to the defendant’s guilt on the charge of Murder in the First
Degree with Malice Aforethought, you must consider the charge of Murder in the Second Degree
by Imminently Dangerous Conduct. No person may be convicted of Murder in the Second
Degree by Imminently Dangerous Conduct unless the State has provided beyond a reasonable
doubt each element of the respective crime.
If you have a reasonable doubt of the defendant’s guilt on the charges of Murder in the First
Degree with Malice Aforethought and Murder in the Second Degree by Imminently Dangerous
Conduct, you must then consider the charge of Manslaughter in the First Degree by Heat of
Passion. No person may be convicted of Manslaughter in the First Degree by Heat of Passion
unless the State has proved beyond a reasonable doubt each element of the crime.
OUJI-CR-4-61 MURDER IN THE FIRST DEGREE WITH MALICE FORETHOUGHT ELEMENTS
No person may be convicted of murder in the first degree unless the State has proved beyond a
reasonable doubt each element of the crime. These elements are:
First, the death of a human;
Second, the death was unlawful;
Third, the death was caused by the defendant;
Fourth, the death was caused with malice aforethought.
OUJI-CR-4-63 MURDER IN THE FIRST DEGREE - PROOF OF MALICE
AFORETHOUGHT
The external circumstances surrounding the commission of a homicidal act may be considered in
finding whether or not deliberate intent existed in the mind of the defendant to take a human life.
External circumstances include words, conduct, demeanor, motive, and all other circumstances
connected with a homicidal act.
7
OUJI-CR-4-91 MURDER IN THE SECOND DEGREE BY IMMINENTLY
DANGEROUS CONDUCT - ELEMENTS
No person may be convicted of murder in the second degree unless the State has proved beyond
a reasonable doubt each element of the crime. These elements are:
First, the death of a human;
Second, caused by conduct which was imminently dangerous to another/other person(s);
Third, the conduct was that of the defendant(s);
Fourth, the conduct evinced a depraved mind in extreme disregard of human life;
Fifth, the conduct is not done with the intention of taking the life of any particular individual.
You are further instructed that a person evinces a "depraved mind" when he engages in
imminently dangerous conduct with contemptuous and reckless disregard of, and in total
indifference to, the life and safety of another.
You are further instructed that "imminently dangerous conduct" means conduct that creates what
a reasonable person would realize as an immediate and extremely high degree of risk of death to
another person.
OUJI-CR-4-95 MANSLAUGHTER IN THE FIRST DEGREE BY HEAT OF PASSION ELEMENTS
No person may be convicted of manslaughter in the first degree by heat of passion unless the
State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the death of a human;
Second, caused by the defendant(s);
Third, the death was not excusable or justifiable;
Fourth, the death was inflicted in a cruel and unusual manner;
Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of
passion.
OR
Fourth, the death was inflicted by means of a dangerous weapon;
8
Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of
passion.
OUJI-CR-4-95A MURDER IN THE FIRST DEGREE – DEFENSE OF HEAT OF
PASSION
A person who kills another person in the heat of passion cannot have the deliberate intent
required for murder in the first degree. Thus, malice aforethought and heat of passion cannot coexist.
OUJI-CR-4-97 MANSLAUGHTER IN THE FIRST DEGREE -REQUIREMENT FOR
HEAT OF PASSION
Heat of passion exists when four requirements are proven. These requirements are:
First, adequate provocation;
Second, a passion or an emotion such as fear, terror, anger, rage, or resentment existed in
defendant;
Third, the homicide occurred while the passion still existed, and before there was reasonable
opportunity for the passion to cool;
Fourth, there was a causal connection between the provocation, the passion and the homicide.
OUJI-CR-4-98 MANSLAUGHTER IN THE FIRST DEGREE -ADEQUATE
PROVOCATION DEFINED
"Adequate provocation" refers to any improper conduct of the deceased toward the defendant(s)
which naturally or reasonably would have the effect of arousing a sudden heat of passion within
a reasonable person in the position of the defendant(s). Generally, actions which are calculated
to provoke an emotional response and ordinarily cause serious violence are recognized as
adequate provocation. Actions that do not ordinarily provoke serious violence do not constitute
adequate provocation.
In determining whether the deceased's conduct was adequate provocation, the conduct is judged
as a person or reasonable intelligence and disposition would respond to it. Mere words alone, or
threats, menaces, or gestures alone, however offensive or insulting, do not constitute adequate
provocation. However, words, threats, menaces, or gestures, when considered in connection with
provoking conduct of the deceased, may constitute adequate provocation. Personal violence or
aggression by the deceased of a nature sufficiently violent to cause or threaten to cause pain,
bloodshed, or bodily harm to the defendant(s) may be adequate provocation.
9
OUJI-CR-8-49 DEFENSE OF SELF-DEFENSE - BURDEN OF PROOF
It is the burden of the State to prove beyond a reasonable doubt that the defendant was not acting
in self-defense. If you find that the State has failed to sustain that burden, then the defendant
must be found not guilty.
OUJI-CR-8-50 DEFENSE OF SELF-DEFENSE - WHEN DEFENSE NOT AVAILABLE
Self-defense is permitted a person solely because of necessity. Self-defense is not available to a
person who (was the aggressor)/(provoked another with the intent to cause the
altercation)/(voluntarily entered into mutual combat), no matter how great the danger to
personal security became during the altercation unless the right of self-defense is reestablished.
OUJI-CR-8-51 DEFENSE OF SELF-DEFENSE - DEFENSE REESTABLISHED
A person who (was the original aggressor)/(provoked another with intent to cause the
altercation)/(voluntarily entered into mutual combat) may regain the right to self-defense if
that person withdrew or attempted to withdraw from the altercation and communicated his/her
desire to withdraw to the other participant(s) in the altercation. If, thereafter, the other
participant(s) continued the altercation, the other participant(s) became the aggressor(s) and
the person who (was the original aggressor)/(provoked another with the intent to cause the
altercation)/(voluntarily entered into mutual combat) is entitled to the defense of selfdefense.
OUJI-CR-8-52 DEFENSE OF SELF-DEFENSE - NO DUTY TO RETREAT
A person who (was not the aggressor)/(did not provoke another with intent to cause an
altercation)/(did not voluntarily enter into mutual combat) has no duty to retreat, but may
stand firm and use the right of self-defense.
10
STATEMENT OF THE FACTS
(To be used as a summary of or introduction to the pertinent facts but are not evidence)
1. Joey Garrett, Anne Marcus, and Brit Reynolds attend Hemmingway High School. All
three were students in Mr. Longmire’s Honors English Literature course in the spring of
2013.
2. Coastal University, a prestigious college, honors scholarships from the Distinguished
Writers Foundation (DWF). In the past, the students with the three highest grades on the
Honors Literature Exam received these scholarships and graduated with Honors at the
Graduation Ceremony.
3. Brit Reynolds obtained a copy of Mr. Longmire’s final exam from Mr. Longmire’s
locked cabinet prior to the examination. Brit shared this exam with Joey Garrett.
Together, Reynolds and Garrett formulated answers prior to the exam. Both students
did well on the exam.
4. On June 1, 2013, Anne Marcus learned that Garrett and Reynolds had cheated on the
exam. Anne informed the two that if they did not turn themselves in, she would inform
the principal herself.
5. On Sunday June 3, Brit and Joey drove to Turner Falls and discussed the matter with
Anne, who was rock climbing at the Falls.
6. According to Joey, Brit and Anne argued at this time, which including raised voices and
physical aggression. Joey claims that Brit tried to convince Anne not to report them, but
that she would not agree. Joey Garrett also claims that s/he walked back to the car
during Brit and Anne’s argument. Joey reports returning to the car at 8:20 p.m. and
waiting for an hour for Brit to return at 9:30. Joey states that Brit did not return to the
car until 9:30 p.m. The two returned to the city at this time. There is a dispute between
Joey and Brit regarding whether Brit returned to the car with a small spot of dried blood
on his/her wrist.
7. Brit claims s/he walked back to the car. Brit states that s/he arrived at the car at 9:00
p.m., but Joey was not at the car at this time. Brit claims that s/he then walked around
and looked for Joey, but got lost. According to Brit, it was 9:30 when s/he returned to
the car and found Joey at the car.
8. Brit claims that Anne agreed to let Joey and Brit have until Tuesday to turn themselves
in to the Principal.
9. On Monday, June 4, 2013 at 7:30 a.m., Officer Kris Evelrud received a call from
Dispatch that a body had been found near Turner Falls. The body was identified as
Anne Marcus.
11
10. Joey claims s/he arrived at the high school on June 4th at approximately 1:00 p.m. after
a doctor’s appointment. Brit states that s/he arrived at the school at 7:00 a.m. on June
4th to use the gym.
11. Anne Marcus had marks on her wrists. At the time of her death, she was wearing
climbers’ clothes and still had her belt on with utility pouches and carabineers. A rock
was found nearby with dried blood on it.
12. Anne Marcus’ death was announced at the school on June 4th, in the afternoon.
13. Anne Marcus had reported Brit and Garrett for cheating on the Friday before she died.
14. Officer Evelrud question Brit in the Principal’s office prior to Brit’s arrest. Evelrud
read Brit his/her Miranda rights. Brit Reynolds was arrested on June 4, 2013.
15. The State has retained Dr. Kim Hobbes as a Witness. Dr. Hobbes was the medical
examiner in the death of Anne Marcus. Dr. Hobbes report reflects that there were
ligature marks on Anne’s wrists, along with injuries on her head above her left temple.
According to Dr. Hobbes’ examination, Anne’s left eye was also swollen and there
were bruises on her left upper arm. Dr. Hobbes has concluded that Anne Marcus
drowned, and estimates a cause of death between 8:30 p.m. and midnight on June 3,
2013.
16. Dr. Sage Bingham, a witness for the defendant, disputes Dr. Hobbes conclusions
regarding the ligature marks and time of death. Dr. Bingham believes that Anne
Marcus died an accidental death.
17. Both Anne Marcus and Brit Reynolds have Type A Blood.
12
1
2
STATEMENT OF JOEY GARRETT
My name is Joey Garrett, and I live at 42 Chimel Road in Sleepy Hollow.
I am 18 years
3
old, and I graduated from Hemmingway High School in August after completing summer school.
4
I took Mr. Longmire’s Honors English Literature course in the spring. Both Anne Marcus and
5
Brit Reynolds were also in the class. I had studied hard all semester because I had applied
6
to a number of schools, and I awaited hearing about scholarship information. I was
7
accepted to several colleges, including Coastal University, which honored scholarships from
8
the Distinguished Writers Foundation (DWF). I knew that in the past, the top three grades on the
9
Honors Literature Exam received these scholarships and received Honors at the Graduation
10
Ceremony, too. My older brother had received the award two years ago, and my sister received
11
the award last year. I really felt like I had to follow in their footsteps. Of course I wasn’t the
12
only one who wanted the scholarship; the whole atmosphere of the class was competitive. My
13
classmates were constantly comparing their quiz and essay grades with each other. It was
14
intimidating. I am a good student, but I still felt the pressure. Maybe that explains why I agreed
15
with Brit Reynolds to cheat on the exam.
16
Brit used his/her school volunteer service job in the English department to snoop around
17
and find the extra keys to Mr. Longmire’s cabinet. Mr. Longmire was always really careful about
18
controlling copies of tests. He would not only lock up the old ones, he would always make us
19
pass the test copies in with our answers. It was actually kind of lame. Other teachers will at
20
least post old tests online for students when studying for a test. But I digress. Anyway, one day,
21
probably in early May, Brit came up to me after school and showed me a copy of Mr.
22
Longmire’s upcoming final exam. There were multiple choice and essay questions. I could not
23
believe my eyes! Brit was angry that there were no answers written on it, but told me that at
13
24
least the questions gave us an opportunity to prepare in advance. At first, I told Brit to put the
25
exam back. I had already been caught the year before for plagiarism. I had learned my lesson,
26
or so I thought, or at least I didn’t need another black mark on my school record. But Brit was
27
insistent, telling me that I had to go along with it because now I knew too much. I guess I ought
28
not to blame Brit. It was my stupid decision to go ahead with Brit's plan.
29
We prepared our answers before the exam and did very well. I suppose we got a little
30
cocky because on June 1, we started talking about it in the hall at school. At first, we were just
31
talking, but then all of a sudden, Brit whipped the exam out of his/her backpack and shoved the
32
stolen exam at me telling me to get rid of it. I backed away and told him/her that it was not my
33
job to do that. All of a sudden, Anne Marcus came over to us and grabbed the exam paper. She
34
looked at it, saw it was the exam and that both Brit and I had jotted down possible answers on it,
35
and then with a furious look in her eye said, "What are you guys doing with this? I can't believe
36
it . . . You guys cheated!" We pleaded with Anne to keep it quiet and give us back the paper, but
37
she refused. She finally said that she would give us until Monday to turn ourselves in before she
38
would tell the principal about it. Then she stuffed the papers in her backpack and threw the
39
backpack into her locker right there. She locked it up and walked away. I could just see my
40
chances of getting scholarships evaporate . . . not to mention how much trouble I was going to be
41
in with my parents. I felt like we were doomed.
42
I tried to talk to Brit over the weekend about turning ourselves in, but s/he wouldn’t even
43
consider it. On Sunday, June 3, Brit asked me to drive us to Turner Falls to talk with Anne. I
44
thought that would be a complete waste of time because I knew Anne would not change her
45
mind. She was a stubborn, indignant goody two-shoes and always saw the world in black and
46
white. But I had nothing else to do and sitting at home fretting about it wasn’t going to make the
14
47
problem go away. Besides Brit insisted we go. On the way there, Brit kept talking about Anne
48
and became more and more agitated. Brit called Anne a “busybody” and a “backstabber” for
49
threatening to turn us in. I was afraid of getting in trouble, but I could also see that Anne risked
50
getting in trouble for not turning us in. I asked Brit what good it would do to talk to Anne, but
51
Brit would not listen to me.
52
When we arrived, we hiked up the ledge of the rock face where Anne was climbing. We
53
waited for a couple of minutes. While we waited Brit just became more and more antsy and
54
agitated. By the time Anne reached the ridge, Brit had reached his/her boiling point and just
55
snapped. Anne was standing there, gathering up the rope when Brit lunged forward and
56
grabbed Anne's collar. Brit muttered something I couldn’t make out and made a weird noise
57
like an animal on attack. Then I saw Anne swinging her arms like she was trying to keep her
58
balance. She yelled and had this terrified look on her face. Before I could do anything, Brit let
59
go of her collar, and the two of them stood there for a few seconds. Anne did not move. I’ll say
60
this. That girl had guts. Then Brit dusted off her shoulder and said, with a sort of sarcastic tone,
61
"We don’t want you to get hurt, do we?" Then Anne coiled up her rope and said she was leaving.
62
Before she could leave, Brit said he wanted to talk about the exam. Brit told her, "Let's go
63
talk about this at the Cove." I am sure s/he meant the Cove on the creek at the base of the rock
64
face Anne had just climbed. Anne did not say anything, but just stared at Brit. Finally, she
65
turned and they both started walking together in the direction of the Cove. I followed but lagged
66
a little behind because I was deep in thought... As I was walking, though, I had second thoughts
67
about trying to convince Anne. She seemed determined to turn us in. But before I knew it, the
68
two of them started screaming at each other. I am not sure who screamed first, but it startled me.
69
I looked up and saw that Brit's face had turned red and Brit had grabbed Anne's arm. Anne tried
15
70
to get out of Brit's grip, but could not do it. So Anne just punched Brit in the shoulder and
71
screamed, “Let me go!" By this time, we were at the tip of the promontory where the trail curved
72
around toward the Cove. The two of them would not stop screaming at each other. Brit let go of
73
her arm, but stood there on the ridge between her and me just glaring at Anne. Brit then pushed
74
Anne’s shoulder, and Anne pushed back. I said, "This is a total waste of time, Brit." I told them I
75
was going back to my car rather than watch them beat each other up. They ignored me and
76
walked toward the Cove. I turned and headed back to my car. I walked slowly, being careful on
77
the rocky trail.
78
When I got back, the clock on my dashboard said it was 8:20 p.m. I sat in the car and
79
turned on the radio. I only got out of the car to go to the restroom once or twice over the next
80
hour or so while I waited for Brit. It was very dark when Brit finally showed up at the car at
81
9:30 p.m. I asked where Anne was. Brit said, "At least I got one more day out of her." I assumed
82
this meant that Anne was not going to tell on us. That seemed odd because the two of them had
83
been fighting so fiercely. Even though we had one more day, Brit seemed angry, and we argued.
84
Brit accused me of ditching them on the ridge, and I accused Brit of keeping me waiting for so
85
long. We got in the car, and I drove us back to the city. On the way back, I turned on my car's
86
interior lights to look for something, and I noticed a small spot on the inside of Brit's right wrist.
87
It looked like dried blood. I did not think anything of it at the time. We did not talk at all during
88
the ride home. Brit still seemed angry and ignored me. I was also fed up with Brit. That kid was
89
always getting me in trouble.
90
I arrived at school the next day at 1:00 p.m., after a doctor's appointment. A little later,
91
the Principal announced Anne's death. I was shocked, and I almost fainted. Just after lunch,
92
around 1:14 p.m., I got a note to go to the office. There, I saw Officer Evelrud and the Principal,
16
93
but the Principal left the room. The officer talked with me for a few minutes and told me that
94
Anne had turned us in for cheating. After what Brit said yesterday, I thought I had my college
95
plans all wrapped up, but at that moment, I realized my plans were destroyed. I explained that
96
Brit and I had been with Anne at the Falls the night before. I told the officer about Brit and
97
Anne's fight and that Brit was with her for a long time alone. I remembered the strange stain on
98
Brit's wrist, and I told the officer about it and that it looked like dried blood. Then the officer
99
thanked me and let me go back to class.
100
/s/ Joey Garrett
101
Joey Garrett
102
17
1
STATEMENT OF OFFICER KRIS EVELRUD
2
My name is Kris Evelrud. I am 32 years old, and I have been an officer in the Police
3
Department for five years. In addition to investigative and other police duties, I have been the
4
School Resource Officer ("SRO") at Hemmingway High School for the past three years. I
5
investigated Anne Marcus' death.
6
As SRO, I know that most Hemmingway High graduates go on to attend college, and
7
honor students in advanced classes tend to be accepted at some of the country's top schools.
8
Image is important, and classes are competitive. Students are known to taunt, even sabotage,
9
each other to get good grades.
10
The Administration tries to keep a lid on cheating which has become rampant over the
11
past couple of years because of the Internet. An honor system was developed two years ago to
12
educate students about the pitfalls, discourage would-be cheaters, and require students to report
13
incidents of cheating. In the spring of 2012, Joey Garrett and Brit Reynolds were among the
14
students caught cheating. Both of them received the punishment for a first offense and were
15
warned that a second offense would get them into more serious trouble.
16
Brit and Joey stood out among the students in their class for both academic and athletic
17
honors. Brit is on the soccer team, trains hard, and lifts weights. Brit has leadership qualities,
18
too, but was known to use them negatively and tended to be sarcastic. Joey has a similar
19
personality, though Joey’s hostility was known to go beyond sarcasm at times with other
20
students. At the beginning of last year, Joey was reported to the Principal for taunting and
21
punching a transfer student. Joey was suspended for a day from school, and the Administration
22
held a parent conference.
23
incident. S/he was, in other words, a bully.
That year, Joey was also disciplined one other time for a similar
18
24
Students in Joey's or Brit's situation know that if they got in any more trouble, they could
25
fail their Honors Class and have to repeat the course over the summer. They also would not
26
walk across the stage at Graduation, and they would lose their chance of receiving the DWF
27
scholarship. All of these factors would probably jeopardize their chances to go to a prestigious
28
college, like Coastal University, even if they had been accepted already.
29
On the morning of Monday, June 4, 2013, at approximately 7:30 a.m., I received a
30
call from Dispatch that someone had found a body near Turner Falls. When I arrived on the
31
scene a few minutes later, I found the body on a small sandy area that the kids call the "Cove."
32
When I saw the body, I immediately recognized it as that of Anne Marcus. A small crowd of
33
onlookers had gathered in the Cove, and I ordered them to clear out until the coroners arrived.
34
I searched the Cove and visually examined the body.
I immediately noticed some
35
reddish marks on the decedent's wrists and thought that she had been bound. The decedent was
36
wearing climbers' clothes and still had her belt on with utility pouches and some small metal
37
rings, which are called carabineers.
38
foot of the southern cliff face in the Cove. The ledge was about four feet wide and sparsely
39
covered with sand. It did not have any rain or moisture on it. On this ledge, I also found a small
40
rock that was just big enough to fit into my hands, and it had dried blood on it.
I noticed a rock ledge a few inches above the sand at the
41
Around 11:00 a.m., the medical examiner ("M.E.") called me to give a report. The M.E.
42
confirmed that the deceased was Anne Marcus and that the cause of death was drowning. The
43
M.E. also told me that a forensics test showed that the blood on the rock I found positively
44
matched the blood of the victim, and that there was a laceration on the side of her head
45
consistent with receiving a blunt force blow to the head.
19
46
I was officially assigned to investigate the case. I called the high school around 11:30
47
a.m. and informed the Principal that Anne Marcus’ body had been found that morning at the
48
Cove. I said that the matter was being investigated, but that I had no other facts at that time.
49
I arrived at Hemmingway High School and learned about Anne's school friends and
50
possible enemies by asking routine questions. I learned that Anne was a studious and popular
51
girl. I also learned that Anne had confidentially reported to the Administration an incident of
52
cheating the previous Friday. The cheaters were Brit Reynolds and Joey Garrett, and they both
53
believed that Anne was going to report them on Monday. I also learned that Anne's locker had
54
been vandalized that morning.
55
In my conversations with administrators and staff, I learned that everything looked
56
normal at 6:30 in the morning.
But during first period, Anne Marcus’ locker was found open
57
with the door bent in the middle and ·with a cracked combination lock. Papers were reportedly
58
strewn on the floor of the locker, and a backpack inside was turned over and unzipped.
59
Additionally, around 7:00 a.m., before school started, Brit Reynolds was seen near the school
60
entrance.
61
I decided to talk with Brit and Joey about what they knew. Joey arrived first. I asked
62
Joey a few questions. I said that I knew about the cheating and asked if Joey could tell me
63
anything special about Anne. Joey told me that Joey and Brit had talked to Anne at Turner Falls
64
the previous evening. Joey also mentioned that Brit and Anne had been fighting there; that Joey
65
had left them alone on the trail to the Cove; and that Brit did not return until around 9:00p.m.
66
Joey also mentioned that Brit had a stain on the inside of Brit's right wrist that looked like blood.
67
When Joey left the room, I asked for Brit to be brought in. I told the Principal that I
68
wanted to talk to Brit alone. Brit soon arrived, and I told Brit that I needed to ask a few
20
69
questions. I told Brit to sit down, and I read the Miranda rights just in case.
70
conversational tone and sat in the Principal's chair so that I would not be standing over Brit. I
71
asked if Brit and Anne Marcus were friends. Almost immediately, Brit said how sad it was that
72
Anne hit her head and died. I knew that no one else beside me and the M.E. knew anything about
73
Anne's head wound. I had not told anyone, not even Anne’s parents.
I used a
74
Based on the information I had from the M.E. and conversations with Joey Garrett, Brit
75
Reynolds, and others around school, I had enough evidence to present to a judge for an arrest
76
warrant. I knew that Brit had been alone with Anne Marcus for a substantial time and was the
77
last known person to see her alive. With the warrant, I arrested Brit Reynolds later that day. S/he
78
was fingerprinted, photographed, and booked into the local county jail. There was nothing
79
remarkable about his/her booking or the booking process.
80
/s/ Kris Evelrud
81
Officer Kris Evelrud
21
1
STATEMENT OF DR. KIM HOBBES
2
My name is Kim Hobbes. I earned a bachelor's degree in chemistry from Oklahoma
3
University and then went on to Massachusetts Medical School. I graduated from Massachusetts
4
Medical School with distinction in 1990 and did my residency training at Springfield
5
Hospital's pathology lab before taking a position as an Assistant Medical Examiner for the
6
State of Oklahoma.
7
Forensic Serology Lab. I am now Assistant Chief Medical Examiner and have been appointed
8
chairperson to the State Committee for Professional Standards in Forensic Pathology for the last
9
three years. I am also the medical examiner in the death of Anne Marcus.
During my first year as a coroner, I was assigned to be Director of the
10
As part of my initial examination of the body at the Cove, I observed several things.
11
Anne Marcus was wearing climbers' garb, a short-sleeved T-shirt, shorts, and shoes. There were
12
ligature marks on her wrists. There was also an injury on her head, just above the left temple,
13
which looked like a laceration. The area around Ms. Marcus’ left eye was swollen, which
14
appeared to be the result of some kind of trauma, like getting punched in the eye.
15
purplish bruise on her left upper arm. At 8:00 a.m., when I examined the body, Ms. Marcus was
16
in an advanced state of rigor mortis. Ms. Marcus' whole body was stiffened, except for the large
17
muscles in her lower legs. I observed some small cuts and bruises, consistent with Ms. Marcus
18
being bumped around in the rocky creek.
There was a
19
Back at the medical examination lab, I discovered water in Anne Marcus’ lungs. I
20
surmised that Ms. Marcus had drowned. By the state of rigor mortis of the body, I estimated that
21
she had died sometime between 8:30 p.m. and midnight on June 3, 2013. Rigor mortis is a
22
process by which the compounds in the body's muscles that provide muscular energy are lost. As
23
the heart stops beating and respiration ceases, these compounds lose a necessary supply of
22
24
oxygen and nutrients, and the muscles stiffen. The process starts with the small muscles in the
25
head and neck and progresses downward to the toes over the course of 8-12 hours for a
26
body of average weight and musculature like that of Anne Marcus. Also, it can take longer in
27
cold temperatures.
28
significantly. Assuming Ms. Marcus died at about 9:00 p.m., she would be in full rigor by 9:00
29
a.m. the following day. Yet probably because of the cold, Ms. Marcus’ legs generally remained
30
flaccid at the time of my laboratory examination. If Ms. Marcus died only eight hours before her
31
body was found, far fewer of her muscles would be in a state of rigor.
Ms. Marcus died in the creek and at night when the air temperature drops
32
While conducting the autopsy at my lab, I looked more closely at the ligature marks on
33
Ms. Marcus' wrists. In the course of rock climbing, it would be highly unusual for a climber to
34
sustain virtually congruent injuries to both wrists. It would mean the climber would have to hold
35
on to the rope with both hands and then to fall, sustaining almost identical rope bums on both
36
wrists. The chances for this happening are very small, as there is no reason for an experienced
37
climber to make such a gesture. I have seen congruent marks like these in only nine or ten of my
38
prior cases, both as a pathologist and as student intern. In each instance, the victim was tied up
39
by someone else.
40
I also examined the wound above Ms. Marcus' left temple. I believe the only way she
41
could have sustained this would be from some blunt force instrument or object. I observed a five
42
centimeter laceration, which tapers at one end.
43
hairline fracture. This is consistent with someone else holding out an object and hitting Ms.
44
Marcus directly on the side of the head. It is not consistent with Ms. Marcus falling onto the
45
rocks. To sustain a falling injury to the head like this, Ms. Marcus would have tilted her head
46
dramatically toward her right shoulder in order to connect her temple squarely against the rocks.
23
Directly underneath, Ms. Marcus’ skull had a
47
No one in a falling motion, even from the 25-foot height of the particular cliff in the Cove,
48
would have the time or the presence of mind to do so. Moreover, the small rock on which
49
Officer Evelrud found the dried blood itself could not have caused the injury if Ms. Marcus fell
50
on it unless it was tightly wedged into a larger rock, which from the Officer's report, was not the
51
case.
52
Anne Marcus had Type A blood and early testing of the blood on the rock revealed that it
53
was similarly Type A.
54
murder investigation of a brutal crime, this can pose a problem for a forensic investigator, but we
55
have a different situation here. First, on June 3, Brit Reynolds did not claim to have sustained
56
any injury, so there is no reason to believe that the blood could belong to Brit Reynolds.
57
Secondly, blood is identifiable by more than just its type. Everyone's blood contains enzymes
58
and proteins with a myriad of potential chemical makeups. Scientists have identified 12 such
59
"genetic markers,” each of which has between three and ten separate types. I found in the sample
60
of dried blood on the rock two of the six identifiable genetic markers that were present in a blood
61
sample taken from Anne Marcus' body. Moreover, these two genetic markers were of the same
62
type as those markers from Ms. Marcus' body. The chances for this being a coincidence are,
63
again, very small. Therefore, it is my professional opinion that Anne Marcus was struck on the
64
side of the head and perhaps knocked unconscious as a result, before or after being bound with
65
rope. Her body was thrown or pushed into the creek where she subsequently drowned.
Medical records show that Brit Reynolds also has Type A blood. In a
66
/s/ Kim Hobbes
67
Dr. Kim Hobbes
24
1
STATEMENT OF BRIT REYNOLDS
2
My name is Brit Reynolds. I am 19 years old. I live at 789 Fortuna Road in Sleepy
3
Hollow. During the 2012-2013 school year, I was a co-captain of the Hemmingway HS Soccer
4
Team. Throughout high school, l had won many awards for academic decathlons, debate society
5
competitions, and fiction writing.
6
I admit up front that I cheated on Mr. Longmire’s Honors English Literature Exam.
I
7
am deeply ashamed that I did this. The irony is that I think I would have done well on the Exam
8
anyway. I had an "A" in that class already. But my parents were always on me about excelling
9
and were counting on me to earn a scholarship so I could attend Coastal University. Excelling in
10
school is our family tradition. Seems like the only thing they are interested in as it relates to me
11
is how much they can brag to their country club buddies that their stellar child is “carrying on the
12
Reynolds tradition” of being the best. The best at school, the best at soccer, and the best looking
13
. . . you get the idea. It’s like I’m a living trophy attesting to their success. And as much as I hate
14
to admit it, that DWF scholarship was very important to me also. I was afraid of getting anything
15
less than an "A" in Mr. Longmire's class. That is also why I cheated on Algebra that ·other time.
16
In early May, I took the spare key to Mr. Longmire's cabinet from the office of the
17
English Department. I was an intern in the English Department as part of the School's
18
volunteer community service program. I found a blank exam in Mr. Longmire’s cabinet and
19
photocopied it. I then returned the blank exam and the key. No one was the wiser until Joey
20
noticed me taking the key from my pocket as I walked into the English Department's empty
21
office. Joey asked what I was doing, but I did not want to answer. Joey threatened to tell the
22
Principal that I was nosing around without permission, so I showed Joey the Exam photocopy.
23
Joey asked to get a copy of that, too. I said, "OK." After that, we worked together over the next
25
24
couple of weeks preparing all the answers in advance, jotting down ideas on the photocopied
25
test, etc. We aced the Exam, of course.
26
At school on June 1, I asked Joey to get rid of the Exam copy we had used. I took it out
27
of my backpack and handed it to Joey. At that moment, Anne Marcus approached us and
28
grabbed the Exam from Joey’s hands. She looked at it, and I could tell she knew right away
29
what it was. She accused us of cheating. Of course, she was right. We begged Anne to keep her
30
mouth shut about it. She was understandably angry. Anne accused us of destroying her chances
31
for getting the scholarship. Then she put the Exam in her backpack and locker. Anne said it
32
would stay there either until we turned ourselves in, or until she told on us sometime Monday.
33
I was afraid, so I tried calling and texting Anne's phone number many times over the
34
weekend. Anne did not return any of my calls. She did respond to my texts, but only by blowing
35
me off. I decided to talk to my minister that Sunday morning. Just before church began, I told her
36
that I cheated and that I wanted to turn myself in. The Reverend agreed that was the best thing to
37
do. I just wanted a little more time to do it. I wanted Anne not to turn us in until Tuesday, so I
38
could think about how to explain it to my parents. I felt like my life was ruined, so I needed
39
courage. I wanted to tell them when they called Monday night. They called me every Monday
40
night while they were away in Europe where they went every spring for a month.
41
I called Joey late that afternoon. Joey insisted that I find out where Anne was. I knew
42
Anne was an avid rock climber and that she loved to climb the rock face in Turner Falls above
43
the Cove. As luck would have it, she responded to a text I had sent earlier and confirmed that
44
she was working on her climbing skills. Joey offered to drive us down to Turner Falls so that we
45
could talk to her. I did not tell Joey about my plan to try to get Anne to just postpone telling on
46
us.
26
47
We arrived at the Falls and saw Anne. She was the only climber on the rock face. We
48
walked along the ridge and waited for her. When Anne reached the ridge, I had the fright of my
49
life. A piece of rock gave way under Anne’s foot when she turned to gather up her rope. I
50
grabbed Anne by the arm quickly to keep her from falling. She seemed startled. It all happened
51
within a few seconds. Joey laughed and did not even attempt to help, which I thought was a
52
bizarre reaction.
53
Anne turned and started to walk toward the Cove, so we went with her. Joey lagged
54
behind while Anne and I talked. I asked Anne to wait until Tuesday because I wanted to inform
55
my parents that I cheated before the school told them. Anne refused. Still, I begged Anne,
56
though she said she would not change her mind. We argued about it. Anne was annoyed that we
57
came down to see her and that Joey kept laughing. When we were almost at the Cove, I turned
58
around and saw that Joey was gone. Anne and I walked down to the Cove. There we talked for a
59
while, and Anne finally said she would not turn us in until Tuesday morning. She still seemed
60
annoyed with me and said, "Whatever. You have until Tuesday." She started climbing back up
61
the cliff. I watched Anne climb for a little while and then I left.
62
It took me awhile to walk back to Joey's car as it got darker. It was 9:00 p.m. according to
63
my watch when I arrived at the car, but Joey was not there. I was upset because Joey stranded
64
us on the trail and now was gone. I knew the park was getting ready to close and so I decided to
65
take a walk to look for Joey. But I was still pretty lost in thought so I got distracted and mostly
66
wandered aimlessly. Before I realized, the last bits of twilight were gone and it was totally dark.
67
I hustled back to the car. It was about 9:30p.m. and totally dark when I came back.
68
Back at the car, Joey was waiting for me this time, sitting on the hood of the car. Joey’s
69
T-shirt looked like it was sweaty, as if s/he had been running. I was still mad at Joey for ditching
27
70
me. But I knew that this affected him too, so I managed to mince out a message that Anne would
71
wait one more day. I couldn’t help myself and blurted out, "I thought we were in this together."
72
Joey laughed again, which I thought was a weird response to what I said and all of a sudden I
73
was really mad again. We shouted at each other for a minute, but then Joey got in the car so I
74
did, too. Joey drove me home. We were both silent all the way home. I do not know where Joey
75
got this idea about a spot on my wrist. I never saw anything on my wrist that day and he never
76
said anything about it.
77
On Monday, I arrived at school at 7:00 a.m. Sometimes I come early to use the treadmill
78
in the Gym. Staying in shape to be the soccer star takes a lot of work. As I worked out, I thought
79
about confessing to my cheating, but I chickened out. I was scared because I never got along
80
with the Administration. It seems like they always had it out for me. I also couldn’t count on my
81
parents to listen to my side of the story – they’d only see that I had gotten in trouble again and
82
tarnished their precious standing in the community. So I just didn’t do it. A couple of hours
83
later, the Principal announced that Anne had died. I was shocked! I realized I might have been
84
the last person to see Anne alive. The rock face at the Cove can be a dangerous place. Just after
85
1:30 p.m. or so, I was told to go to the Principal's office. I went there, and I saw Officer Evelrud.
86
I sat down. The Officer read me the rights they say on the cop shows. I thought I was under
87
arrest, and I was nervous because I had never been questioned by the police before. Then the
88
Officer asked me about Anne at the Cove.
89
I had no idea what this was about, so I asked to see my Aunt Myra who lived down the
90
street from us. Since my parents were gone to Europe, I wanted to talk to her before talking to
91
the Officer. The Officer said that my Aunt was not going to be called, but that I could
92
have an attorney. This frightened me, but I felt I needed permission to get up, so I did not move.
28
93
The whole situation was intimidating. I just sat there like I was frozen. The Officer immediately
94
started asking me questions.
95
The Officer asked me if Anne and I were friends. I was still so horrified that she was
96
dead that the officer's question just jolted me. I hardly remember what all I said during the
97
interrogation. I do recall mentioning that I assumed she had fallen from the cliff where I last saw
98
her and possibly hit her head. She was an experienced climber, but she had minor accidents
99
before. The whole questioning had me confused. The Officer's tone of voice was very stern. The
100
Officer kept telling me things like, “the DA will understand if it was an accident”, “you’ll feel
101
better if you tell me the truth”, and things like that. As I mentioned, I was so freaked out by the
102
whole experience that I don’t remember what I said exactly. But I do know that I didn’t kill
103
Anne.
104
When the questioning finally ended after what seemed like forever, I was sent back to
105
class. Like I was supposed to actually engage in the educational process after what had just
106
happened. I was totally shocked when I was later arrested. I cannot believe that anyone would
107
think that I killed Anne.
108
/s/ Brit Reynolds
109
Brit Reynolds
29
1
STATEMENT OF DR. SAGE BINGHAM
2
My name is Sage Bingham. I retired in 2000 from the Goldmine County Coroner's Office
3
after working for 18 years as an assistant coroner. I earned my bachelor's degree in biology from
4
Northern New York College in 1954. I worked in the Peace Corps in West Africa for two years
5
before returning to earn my medical degree from University of Oklahoma Medical School in
6
1971. I entered private practice and, in 1980, began teaching a clinical course at OU. In 1981, I
7
changed the emphasis of my career and became board certified in forensic pathology. In 1982, I
8
moved to Louisiana and was hired by the Jefferson Parish Coroner’s Office. I have since worked
9
as a coroner, taught seminar courses, and have published nine articles in professional
practice of forensic pathology. My book, “Traumatic Anatomy and
10
journals on the
11
Physiology”, has become a standard introductory text in forensic medicine programs
12
nationwide. Since retirement, I have returned to Oklahoma and resumed teaching at OU. I am
13
also a past president of Sleepy Hollow Rock Climbers.
14
I also provide forensic pathology consultation on a contract basis. It was in this capacity
15
that I was hired by Brit Reynolds' attorney to render an opinion as to the cause of death of Anne
16
Marcus. I reviewed the records of the Goldmine County Coroner's Office and examined the
17
physical evidence, morgue photographs, and tissue samples. With all due respect to Dr.
18
Hobbes, I have some problems with the conclusions reached regarding the death of Anne
19
Marcus.
20
First, I will begin with the so-called ligature marks on her wrists. Ligature marks indicate
21
binding of some kind, as in a person being tied-up. The photos I reviewed of Ms. Marcus’ wrists
22
certainly show reddish marks. They look like marks from a rope. However, I disagree with the
23
examining pathologist’s analysis. First of all, the marks were not even all the way around the
30
24
wrist. On the left wrist, the marks did not appear on the underside, indicating that the rope, which
25
caused the mark, was not wrapped around the entire wrist. Also, Anne Marcus was a rock
26
climber, and I am as well. I have seen numerous climbers give themselves similar rope marks
27
on their arms and legs during moments of carelessness or when a sudden gust of wind causes
28
them to slip. I believe there is not enough evidence to call the marks on Ms. Marcus' wrists
29
"ligature marks." Dr. Hobbes also does not report finding any rope fibers in the marks, and no
30
rope was found at the scene of death as far as I know.
31
Second, the wound on Anne Marcus' head may have come from a variety of
32
causes. The records show that the wound opening was five centimeters long. It is also slightly
33
triangular in shape, which to me indicates a kind of scraping motion. This could easily be the
34
result of Ms. Marcus falling from the cliff. If her head had turned in a certain way, her striking
35
the bottom could have caused this type of injury. The force of the fall on even a small rock, like
36
the palm-sized one in question here, would have resulted in a nasty head wound. Even if Ms.
37
Marcus fell from a low elevation, maybe 10 feet, she could have received an injury such as the
38
one we see on her temple. Such a wound could also have easily disoriented her and led her to
39
stumble into the rocky and deadly creek below.
40
Third, the swelling of Anne Marcus' left eye is consistent with one of two causes. The
41
first is a blunt force blow, such as a blow from a fist to the eye. The second and far more likely
42
cause is swelling related to the head injury and fall from the cliff. This collateral swelling of the
43
capillaries around the eye frequently comes from suffering a blow to the temple, as I have seen in
44
numerous cadavers. The cuts and bruises on Ms. Marcus’ body, including the eye, appear to have
45
come from her falling on the rocks and from the rocks below the surface of the creek.
31
46
Fourth, we cannot easily approximate the time of Anne Marcus’ death. The certificate of
47
death indicates that Ms. Marcus was pronounced legally dead at 8:00 a.m. on June 4, when Dr.
48
Hobbes arrived at the Cove. Of course, physiologic death is much harder to pinpoint. Rigor
49
mortis is generally unreliable as a means to determine time of death when compared to other
50
methods, such as body temperature or stomach contents, because of all the variables. Though the
51
water and weather were cold, which can slow the rigor process, Ms. Marcus was also young and
52
slender and had been engaged in a very aerobic activity – climbing – before her death, all of
53
which can speed up the process. I’ve attached a very readable article from the University of
54
Dundee that addresses some of these issues. In short and judging from the records, I do not
55
believe enough evidence exists to say she died as early as 8:30 or 9:00 p.m. on June 3.
56
Finally, the blood analysis is not conclusive. Usually, it takes three or four matching
57
genetic markers shared between two blood samples in order for scientists to have a fairly definite
58
claim that the samples are from the same source. With each unmatched marker, the chance
59
of their being from the same person decreases exponentially. All of us share genetic markers
60
in many of the same combinations. Identification through exact matches is less frequent than is
61
usually thought. Even so, once blood leaves the body, the enzymes that make up these genetic
62
markers begin to deteriorate. Dried blood on a rock out in the open air is probably the worst
63
sample from which to draw any conclusions without DNA evidence. No DNA testing was done.
64
In my professional opinion, Anne Marcus died an accidental death in the Turner Falls
65
Cove. She fell from the cliff and scraped her wrists on the climbing rope in the process. She hit
66
her head and tragically fell into the rocky creek that swept her under the water's surface, where
67
she drowned. The rocks and boulders in the water prevented her body from drifting far
68
downstream.
32
69
/s/ Dr. Sage Bingham
70
Dr. Sage Bingham
33
1
STATEMENT OF RANGER MARION BIRCH
2
My name is Marion Birch. I have been a ranger with the Oklahoma Department of State
3
Parks for 14 years. I have worked at the Turner Falls Station for the past three years. Working at
4
the Falls has numerous responsibilities. I have to patrol the Falls, the Cove, the castle ruins and
5
outlying areas nearby, including camping areas and miles of hiking trails. I have to perform
6
many duties, such as park maintenance and enforcing park rules governed by Oklahoma law.
7
At other times, I monitor the day use parking lot for Turner Falls. I am required to be on
8
duty in a kiosk, greet visitors, collect the day use fee, and to see everyone is out by sunset when
9
the Falls close. Any car in the parking lot after sunset will receive a citation. I warn all visitors
10
of the citation rule when they arrive because the rule is intended to dissuade visitors from
11
sleeping there overnight. The Turner Falls State Park has a distinctive geography. The Falls
12
themselves are 77 foot high and that area is popular with hikers and rock climbers as a resting
13
place and gathering spot. At the southern end of the Falls is the promontory, quite popular with
14
rock climbers.
15
called the Cove where a bend in the rock formation has created a small sandy area with an inlet
16
of water.
17
residences. The residences are set back away from the edges of the cliffs. Once in a while, I
18
patrol around the promontory to make sure that no one is trespassing around the private
19
residences. Occasionally, I have seen the residents climbing down to the Cove, although I would
20
advise them against it because the area can be dangerous.
At the water level adjacent to the Falls and below the promontory is a place
The Cove is surrounded by cliffs, and at the top of these cliffs are a few private
21
There are two routes to the Cove from the parking lot: the ridge trail around the
22
promontory and climbing/hiking down the face of the promontory. The hiking trail is hardly used
23
as a means to get down, probably because it is very steep in places.
34
24
On June 3, at about 6:15 p.m., I greeted a young woman in her car at the gate to the
25
parking area. She appeared about 17 or 18 years old. I later learned that she was Anne Marcus
26
when I saw her picture in the newspaper.
27
Later at around 7:00p.m. as I headed down a trail, I noticed two other individuals in the
28
distance who arrived together in a white two-door sports car. I do not think any other visitors
29
arrived after them since I did not see any additional cars in the lot, but there were a few other
30
cars in the parking area from earlier in the day.
31
I closed the kiosk at sunset, around 8:40 p.m., and walked up the road north to inspect the
32
picnic area. When I returned to the parking lot at 9:05 p.m., I saw two cars in the parking lot.
33
One was the white sports car and the other was the car that arrived at 6:15. I approached both
34
cars and saw that they were empty. I decided to check around the lake area just to see if the
35
drivers of the cars were nearby.
36
I walked around the Falls on the north side—the opposite side from the Cove. I didn't see
37
anyone, and I turned around to go to the Cove. It was almost dark, but there was still some
38
twilight left. It must have been around 9:20 p.m., when I had almost gotten back to the parking
39
lot. From a long distance, I saw someone running towards the parking lot. I could not tell for
40
sure, but I think the person may have been coming from the back way to the Cove. I would say
41
this person was at least 100 feet or more away from me, so I could not get a good description. I
42
called up to the person that the park was closed. The person waved back to acknowledge the
43
message. I then went to the Cove. I stepped off the trail for a moment to pick up some of the
44
litter left behind from the weekends’ visitors.
45
Just as I got back on the trial, I heard someone behind me on the trail moving toward the
46
parking lot. I turned and called out that the park was closed. The person was wearing a white
35
47
baseball hat and looked a lot like the passenger in the sports car that arrived at 7:00p.m., but
48
since the person was more than 50 feet away, I could not make a positive identification. After
49
that, I continued down to the Cove and then back to the parking lot without seeing or hearing
50
anyone else. When I returned to the parking lot, the white sports car was gone. I wrote up a
51
citation for the one car left in the parking lot and drove back to the Ranger Station. My workday
52
was done.
53
I spend a great deal of my free time with youth activities at my church, the same church
54
the Reynolds’ family attends. I have known Brit Reynolds for years. Many of the teenagers and
55
young adults, including Brit, are involved in charitable events. For the last two years, Brit helped
56
organize monthly food drives for the local homeless shelter. In fact, the local chamber of
57
commerce awarded Brit a community service medal last year for this work. Even when other
58
kids did not follow through, I knew I could count on Brit to come through. It is impressive to see
59
a teenager as mature as Brit Reynolds.
60
community.
Brit has a good reputation in church and in the
61
We had a program in conflict resolution at the church not too long ago, and Brit
62
participated. Brit must have taken the messages to heart because I have observed Brit settle
63
arguments among others. Once a disagreement ensued between two members about where some
64
records of donations were kept. It was a trivial argument about some clutter that had built up in
65
the Youth Ministry Office. However, these two young people blamed each other for losing the
66
donation records and were ready to fight over it. Brit stepped in and talked to each of them
67
individually, and then together. Within a couple of minutes, they were shaking hands. It was
68
amazing! Perhaps Brit will make a good minister or counselor one day.
36
69
Brit also confided in me on the morning of Sunday, June 3, that Brit had cheated on
70
an exam. Brit really seemed distraught by it. I understood because I know Brit's parents. Brit's
71
parents are professional people and very well educated. Brit wanted nothing more than to follow
72
in their footsteps. They attended prestigious universities and assumed that Brit would do the
73
same. Brit seemed worried that Mr. and Mrs. Reynolds would be severely disappointed about the
74
cheating. I reassured Brit that they could also be forgiving. Brit was shaking during our
75
conversation.
76
probably confess to the Principal sometime on Tuesday after Brit had an opportunity to tell
77
his/her parents.
78
79
Brit seemed remorseful about the cheating and told me that s/he would
I think a lot about whether the· people I saw in the park that night were Brit and Brit's
friend. I wish I could say for sure. The fact is, it was just too dark, and I was too far away.
80
/s/ Ranger Marion Birch
81
Ranger Marion Birch
37
EXHIBIT 1 – MAP OF TURNER FALLS
38
POINT WHERE
ROCK FOUND
EXHIBIT 2 – MAP OF THE COVE
39
EXHIBIT 3 – PHOTOGRAPHS OF TURNER FALLS
40
41
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
Derrick J. Pounder
Department of Forensic Medicine, University of
Dundee
POSTMORTEM CHANGES AND TIME OF
DEATH
TIME OF DEATH
A recurring problem in forensic medicine is the need to fix the time of death within the limits
of probability. It is self-evident that the longer the interval of time between death and the
examination of the body, the wider will be the limits of probability. The longer the post
mortem interval, the more likely it is that associated or environmental evidence will
furnish more reliable data on which to estimate the time of death than will anatomical
changes.
It is necessary to be alert to the possibility that the postmortem interval (the time elapsed
from death until discovery and medical examination of the body) may be preceded by a
significant survival period (the time from injury or onset of the terminal illness to death).
The survival interval is best established by evaluating the types, severity and number of
injuries present and the deceased's response to them, taking into account pre-existing natural
disease. At autopsy it is necessary to assess the evolution of the inflammatory response and
repair process in skin and viscera.
Establishing the times of an assault and death has a direct bearing on the legal questions of
alibi and opportunity. If the suspect is able to prove that he was at some other place when
the fatal injury was inflicted then he has an alibi and his innocence is implicit. Conversely,
if the time of a lethal assault coincides with the time when the suspect was known to be in
the vicinity of the victim, then the suspect clearly had an opportunity to commit the crime.
In cases of infanticide, it is necessary for the prosecution to establish that the child was born
42
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
alive and was killed afterwards. In the absence of proof that death occurred after a live birth,
there can be no prosecution for infanticide. Similarly, in bodies recovered from fires, it is
critical to establish whether death occurred before or during the fire and this necessitates
correlating information relevant to establishing both the time of death and the cause of death.
When a body is recovered from water, a critical question is whether the person was alive or
dead when they entered the water. Determining whether specific injuries were inflicted before
or after death is another important example of establishing temporal relationships.
Sources of Evidence
Evidence for estimating the time of death may come from three sources:
1. Corporal evidence, i.e. that present in the body.
2. Environmental and associated evidence, i.e. that present in the vicinity of the
body,
3. Anamnestic evidence, i.e. that based on the deceased's ordinary habits,
movements, and day to day activities.
All three sources of evidence should be explored and assessed before offering an opinion
on when death or a fatal injury occurred.
There are two methods for estimating the time of death:
1. The rate method. Measuring the change produced by a process which takes place at a
known rate which was either initiated or stopped by the event under investigation, i.e.
death. Examples include the amount and distribution of rigor mortis, the change in
body temperature, and the degree of putrefaction of the body.
2. The concurrence method. Comparing the occurrence of events which took place at
known times with the time of occurrence of the event under investigation, i.e. death.
For example, a wrist watch stopped by a blow during an assault, the extent of digestion
of the last known meal.
Postmortem changes and time of death
Many physical-chemical changes begin to take place in the body immediately or shortly
after death and progress in a fairly orderly fashion until the body disintegrates. Each change
has its own time factor or rate. Unfortunately, these rates of development of post mortem
changes are strongly influenced by unpredictable endogenous and environmental factors.
Consequently, the longer the post mortem interval, the wider is the range of estimate as
43
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
to when death probably occurred. In other words, the longer the post mortem interval, the less
precise is the estimate of the time of death.
1. ALGORMORTIS (BODY COOLING)
This is the most useful single indicator of the time of death during the first 24 hours post
mortem. Some writers would regard it as the only worthwhile corporal method.
It is of some importance to note that the use of body temperature estimations to assess time
of death applies only to cool and temperate climates since in tropical regions there may be
a minimal fall in body temperature post mortem and in some extreme climates, (e.g. central
Australia) the body temperature may even rise after death.
The assessment is made on the basis of measurement of the body core temperature which,
post mortem, requires a direct measurement of the intra- abdominal temperature. In practice
either the temperature is measured per rectum or the intra-hepatic/sub-hepatic temperature is
measured via an abdominal stab. Oral and axillary temperatures should not be used. An
ordinary clinical thermometer is useless because its range is too small and the thermometer
is too short. A chemical thermometer 10-12" long with a range from 0-50o Celsius is
ideal. Alternatively a thermo-couple probe may be used and this has the advantage of a
digital readout or a printed record.
Whether the temperature is measured via an abdominal stab or per rectum is a matter of
professional judgment in each case. If there is easy access to the rectum without the need
to seriously disturb the position of the body and if there is no reason to suspect sexual
assault, then the temperature can be measured per rectum. It may be necessary to make small
slits in the clothing to gain access to the rectum, if the body is clothed and the garments
cannot be pushed to one side. The chemical thermometer must be inserted about 3-4" into
the rectum and read in situ. The alternative is to make an abdominal stab wound after
displacing or slitting any overlying clothing. The stab may be over the lower ribs and the
thermometer inserted within the substance of the liver or alternatively a subcostal stab will
allow insertion of the thermometer onto the undersurface of the liver.
The body temperature should be recorded as early as conveniently possible. The
environmental temperature should also be recorded and a
note made of the
environmental conditions (see below) at the time the body was first discovered and any
subsequent variation in these conditions. If a method of sequential measurement of body
temperature is use then the thermometer should be left in situ during this time period. This
44
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
latter method is much easier to undertake when using a thermo-couple with an attached
print-out device. Temperature readings of the body and observations made at the scene by
one physician are always available for evaluation by an expert at a later time. The normal oral
temperature fluctuates between 35.9oC (96.7oF) and 37.2oC (99oF). The rectal
temperature is from 0.3-0.4oC (0.5o-0.75oF) higher (cited in reference 19 at p. 12). Since heat
production ceases soon after death but loss of heat continues, the body cools.
During life the human body loses heat by radiation, convection, and evaporation. Heat loss
by conduction is not an important factor during life, but after death it may be considerable if
the body is lying on a cold surface. The fall in body temperature after death mainly depends
upon a loss of heat through radiation and convection, but evaporation may be a significant
factor if the body or clothing is wet. The cooling of a body is a predominantly physical
process which, therefore, is predominantly determined by physical rules.
Newton's law of cooling states that the rate of cooling of a body is determined by the difference
between the temperature of the body and that of its environment. Consequently, a plot of
temperature against time gives a curve which is exponential. However, Newton's law applies to
small inorganic bodies and does not accurately describe cooling of the human body which
has a large mass, irregular shape, and is composed of tissues of different physical
properties. Practical observations indicate that the cooling of a human body is best
represented by a sigmoid curve when temperature is plotted against time. Thus, there is an
initial maintenance of body temperature which may last for some hours - the so-called
"temperature plateau" - followed by a relatively linear rate of cooling which subsequently
slows rapidly as the body approaches the environmental temperature. The i ni t i a l lag i n
c o o l i n g was first described by Rainy, Regius Professor of Forensic Medicine in Glasgow,
in 1869. (It was independently described in the German literature in the same year by
Seydeler). The post mortem temperature plateau is physically determined and not a special
feature of the dead human body. Post mortem heat production is said to contribute
approximately one-sixth to the plateau. Any inert body which has a low thermal
conductivity has such a plateau during its first cooling phase. It is this plateau which
produces the sigmoid shape of the resultant cooling curve. The post mortem temperature
plateau generally lasts 1/2 to one hour but may persist as long as three hours (Ref. 15 at p.
34) and some authorities claim that it may persist as long as five hours (Shapiro cited in Ref. 8
at p. 118-119).
It is usually assumed that the body temperature at the time of death is normal, but in
individual cases it may be subnormal or markedly raised. As well as in deaths from
hypothermia, the body temperature at death may be sub-normal in cases of congestive
cardiac failure, massive hemorrhage, and shock. However, the claim that severe agonal
bleeding lowers the body temperature is said to be without foundation. (Ref. 10 at p. 12).
The body temperature may be raised at the time of death in heat stroke, some infections, and
pontine hemorrhage. Simpson (Ref. 11 at p. 7) cites a personal observation of a case of
45
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
pontine hemorrhage with an initial temperature at death of 42.8oC (109oF) and another
instance of a temperature of 37.4oC (99.4oF) about three hours after death in a case of
manual strangulation. However, another author claims that there is no convincing proof that
asphyxia by strangulation leads to a raised agonal temperature. (Ref. 10 at p.
12). Where there is a fulminating infection, e.g. septicaemia, the body temperature may
continue to rise for some hours after death (Ref. 19 at p. 13).
Thus the two important unknowns in assessing time of death from body temperature are (1) the
actual body temperature at the time of death; and (2) the actual length of the post mortem
temperature plateau. For this reason assessment of time of death from body temperature clearly
cannot be accurate, (even approximately), in the first four to five hours after death when these
two unknown factors have a dominant influence. Similarly, body temperature cannot be a
useful guide to time of death when the cadaveric temperature approaches that of the
environment. However, in the intervening period, over the linear part of the sigmoid cooling
curve, any formula which involves an averaging of the temperature decline per hour may well
give a reasonably reliable approximation of the time of death. It is in this limited way that the
cadaveric temperature may assist in estimating the time of death in the early post mortem
interval, provided the sigmoid nature of the relationship between the temperature of the cooling
body and that of its environment is kept in mind.
The linear rate of post mortem cooling is affected by environmental factors and
cadaveric factors other than the environmental temperature and the body temperature at the
time of death. These include:
1.
The "size" of the body. The greater the surface area of the body relative to its mass, the
more rapid will be its cooling. Consequently, the heavier the physique and the greater the
obesity of the body, the slower will be the heat loss. Some authors claim that in obese
individuals the fat acts as an insulator, but for practical purposes body mass, whether
from muscle mass or adipose tissue, is the most important factor. Children lose heat more
quickly than adults because their surface area/mass ratio is much greater. Prominent
edema in individuals with congestive cardiac failure is said to retard cooling because of
the large volume of water present with a high specific heat whilst dehydration has the
opposite effect. The effect of oedema fluid is said to be more potent than body fat. (Ref.
10 at p. 11). The exposed surface area of the body radiating heat to the environment will
vary with the body position. If the body is supine and extended, only 80% of the total
surface area effectively loses heat, and in the foetal position the proportion is only 60%.
(Ref. 6 at p. 88).
2.
Clothing and coverings. These insulate the body from the environment and therefore
cooling is slower. Simpson states that cooling of a naked body is half again as fast as
when clothed (Ref. 11 at p. 9). Henssge (see back of nomogram) has graded the
46
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
effect of clothing by the number of layers and thickness. He states that only the
clothing or covering of the lower trunk is relevant.
3.
Movement and humidity of the air. Air movement accelerates cooling by promoting
convection and even the slightest sustained air movement is significant. Cooling is said
to be more rapid in a humid rather than dry atmosphere because moist air is a better
conductor of heat. The humidity of the atmosphere will affect cooling by evaporation
where the body or its clothing is wet.
4.
Immersion in water. A cadaver cools more rapidly in water than in air because water is
a far better conductor of heat. For a given environmental temperature, cooling in still
water is about twice as fast as in air, and in flowing water, about three times as
fast. Clearly the body will cool more rapidly in cold water than warm water. It has
been said that bodies will cool more slowly in water containing sewage effluent or
other putrefying organic matter than in fresh water or sea water. (Ref. 19 at p. 18).
The author does not state whether this factor is claimed to be independent of water
temperature.
Simple formulae for estimating the time of death are now regarded as naive. These include the
formula of Simpson (Ref. 11 at p. 6) - "under average conditions the clothed body will cool in
air at the rate of about 1.5oC an hour for the first 6 hours and average a loss of some 1oC for
the first 12". Also the formula of Camps (Ref. 5 at p. 103) - "probably the best rough estimate
is afforded by the formula 98.4 minus To/1.5 = number of hours dead up to six hours, based
upon skin and rectal readings, whilst corrections must be made for readings taken under the
liver". Knight devised a formula in which the fall in temperature in degrees Celsius was
multiplied by a factor of 1, 11/4, 11/2, 1 3/4 or 2 for air temperatures of zero, 5, 10, 15, or 20oC
respectively. His own experience with this formula has shown serious errors and he now no
longer recommends it. (Ref. 8 at p. 120).
The best researched and documented method for assessing time of death from body temperature
is that of Henssge (Forensic Science International 1988, Vol. 38, pp. 209-236). This is a
nomogram method rather than a formula. The nomogram corrects for any given environmental
temperature. It requires the measurement of deep rectal temperature and assumes a normal
temperature at death of 37.2oC.
Henssge's nomogram is based upon a formula which approximates the sigmoid shaped cooling
curve. This formula has two exponential terms within it. The first constant describes the
post mortem plateau and the second constant expresses the exponential drop of the
temperature after the plateau according to Newton's law of cooling. Introducing more than
two exponential terms complicates the theoretical model without producing better results in
practice. In an individual case, the constant expressing the exponential drop of the
47
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
temperature after the plateau is simply calculated from the body weight. The first constant
which describes the post mortem temperature plateau was found to be significantly related
to the second constant in that bodies with a low rate of cooling, (i.e. having a high body
weight) also had a longer plateau phase than bodies with a high rate of cooling, (i.e. a low
body weight). Using previously published data which establishes that the relative length of
the post mortem temperature plateau depends upon the environmental temperature but is nonlinear and pronounced in environmental temperatures above 23oC, Henssge evolved two
nomograms, the one for ambient temperatures above 23oC and the other for ambient
temperatures below 23oC. Within each of these two nomograms there is a differing
allowance for the effect of environmental temperature on the rate of cooling as well as an
allowance for the effect of body weight.
It is well recognized that the presence of layers of clothing, wetting of the clothing, and
air movement, all influence the rate of body cooling. Similarly, bodies in still and flowing
water cool more rapidly than in air. Henssge conducted experiments and derived empiric
corrective factors to allow for the effect of these variables (see back of nomogram sheet which
reproduces the data in his articles).
In using the nomogram, Henssge emphasized "You can use right rules, but get wrong results
if the points of contact are wrong. The most important thing, and - certainly - often the most
difficult one, is to analyze carefully the points of contact at the scene of crime. By using the
nomogram you can quickly calculate some different times since death by taking some
different points of contact as a basis. This is recommended if the points of contact are not
closely defined and a range of any point of contact must be taken into account". By "point of
contact" Henssge means one of the variable elements for which he has derived corrective
factors. He specifically recommends "It is a good strategy to evaluate an upper and a lower
limit of the mean ambient temperature which might be possible on the basis of both the
ambient temperature actually measured and the probable changes of it". And, "The choice of
a corrective factor of the body weight of any case is really only an approximation. It requires
personal experience. ... Again it is a recommended strategy to select an upper and a lower
corrective factor which might be possible". "It must be emphasized that this method cannot
be used in every case. Under some circumstances (reproduced on the back of the nomogram
provided) this method must not be used because the points of contact are really unknown."
5. RIGORMORTIS
Ordinarily, death is followed immediately by total muscular relaxation - primary muscular
flaccidity - succeeded in turn by generalized muscular stiffening - rigor mortis. After a
variable period of time rigor mortis passes off spontaneously to be followed by secondary
muscular flaccidity. The first investigation of rigor mortis is attributed to Nysten in 1811 (Ref.
10 at p. 15).
48
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
No measurable shortening of muscle occurs during rigor mortis unless the muscles are
subjected to tension. When rigor is fully developed, the joints of the body become fixed, and
the state of flexion or extension of these joints depends upon the position of the trunk and
limbs at the time of death. If the body is supine then the large joints of the limbs become
slightly flexed during the development of rigor. The joints of the fingers and toes are often
markedly flexed due to the shortening of the muscles of the forearms and legs. Since
significant muscle shortening is not a normal concomitant of rigor, it is unlikely that rigor
mortis would cause any significant change in the attitude adopted by the corpse at death.
The view that the development of rigor mortis could produce significant movements of the
body was promoted by Sommer, in about 1833, and the postulated movements became
known as "Sommer's movements". (Ref. 10 at page 17). It is now accepted that
movements of a corpse due to the development of rigor mortis can only occur in special
circumstances, such as an extreme position of the body at the moment of death. If a body is
moved before the onset of rigor then the joints will become fixed in the new position in
which the body is placed. For this reason, when a body is found in a certain position with
rigor mortis fully developed, it cannot be assumed that the deceased necessarily died in that
position. Conversely, if the body is maintained by rigor in a position not obviously
associated with support of the body, then it can be concluded that the body was moved
after rigor mortis had developed.
Rigor involves voluntary and involuntary muscles. Rigor of the myocardium should not be
mistaken for myocardial hypertrophy. Likewise secondary muscular flaccidity of the atria and
ventricles should not be mistaken for ante- mortem dilatation or interpreted as evidence of
myocardial dysfunction. Involvement of the iris muscles means that the state of the pupils
after death is not an indication of their ante-mortem appearance. Different degrees of rigor
development may give rise to irregularity and inequality of the pupils. Contraction of the
arrectores pilorum muscles during rigor may result in "goose-flesh" or "cutis anserina". The
phenomenon is commonly seen in cases of drowning where it is thought to result from an
agonal contraction of the muscles. Involvement of the walls of the seminal vesicles by rigor
may lead to discharge of seminal fluid at the glans penis.
Rigor mortis results from a physico-chemical change in muscle protein, the precise nature
of which is unknown. When the muscle tissue becomes anoxic and all oxygen dependent
processes cease to function, then the level of ATP is maintained by anaerobic glycolysis which
results in increasing levels of pyruvic and lactic acids. Eventually, the muscle glycogen is
depleted, the cellular pH falls to around 6, and the level of ATP falls below a critical level
beyond which rigor rapidly develops. Normally ATP inhibits the activation of the linkages
between actin and myosin; a fall in the level of ATP allows the irreversible development of
these linkages. In individuals who have been exhausted or starved before death, the glycogen
stores in muscle are low, so that rigor may develop rapidly. (Ref. 19 at p. 25). Some authors
have simplified the concept of the development of rigor mortis by taking the view that a fall
in muscle pH to around 6.6 - 6.3 results in coagulation of the actinomyosin. (Ref. 12 at p. 165).
49
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
Classically, rigor is said to develop sequentially, but this is by no means constant,
symmetrical or regular. Ante-mortem exertion usually causes rigor to develop first in the
muscles used in the activity. Typically, rigor is first apparent in the small muscles of the
eyelids, lower jaw and neck, followed by the limbs, involving first the small distal joints
of the hands and feet and then the larger proximal joints of the elbows, knees and the
shoulders and hips. Shapiro (Ref. 19 at p. 30), has suggested that this apparent
progression through the muscles of the body reflects the fact that although rigor begins
to develop simultaneously in all muscles, it completely involves small masses of muscle
much more rapidly than large masses. Consequently, differences in the sizes of the joints,
and in the muscles which control them, determine the development of joint fixation by
rigor and produce the observed pattern of progression in the body. It is generally accepted
that rigor mortis passes off in the same order in which it develops. The forcible bending
of a joint against the force of rigor results in tearing of the muscles and the rigor is said to
have been "broken". Provided the rigor had been fully established, it will not reappear once
broken down by force. In temperate climates rigor will typically start to disappear at about
36-48 hours after death. However, if the environmental temperature is high then the
development of putrefaction may completely displace rigor within 9-12 hours of death.
(Ref. 14 at p. 14). Accelerated putrefaction resulting from ante-mortem septicaemia may
also lead to a rapid displacement of rigor.
There is great variation in the rate of onset and the duration of rigor mortis.
Niderkorn's (1872) observations on 113 bodies provides the main reference database for the
development of rigor mortis and is commonly cited in textbooks. His data was as
follows (Ref. 19 at p. 31):
50
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
Number of Cases
Hours Post Mortem at which
Rigor was Complete
2
2
14
3
31
4
14
5
20
6
11
7
7
8
4
9
7
10
1
11
1
12
2
13
51
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
In this series, rigor was complete in 14% of cases at 3 hours post mortem and this
percentage had risen to 72% at 6 hours and to 90% at 9 hours. By 12 hours post
mortem rigor was complete in 98% of cases. (Note that this data is presented in a
somewhat confusing way in Ref. 10 at p. 15). Against the background of this data it can be
readily appreciated that the generally quoted rule of thumb that rigor commences in 6
hours, takes another 6 to become fully established, remains for 12 hours and passes off
during the succeeding 12 hours, is quite misleading.
The intensity of rigor mortis depends upon the decedent's muscular development;
consequently, the intensity of rigor should not be confused with its degree of development.
In examining a body both the degree (complete, partial, or absent) and distribution of
rigor should be assessed after establishing that no artifact has been introduced by previous
manipulation of the body by other observers. Attempted flexion of the different joints will
indicate the amount and location of rigor.
As a general rule when the onset of rigor is rapid, then its duration is relatively short. The
two main factors which influence the onset and duration of rigor are
(a) the environmental temperature, and (b) the degree of muscular activity before death.
Onset of rigor is accelerated and its duration shortened when the environmental temperature
is high. If the temperature is below 10oC it is said to be exceptional for rigor mortis to
develop, but if the environmental temperature is then raised, rigor mortis is said to develop
in a normal manner. (Ref. 19 at p. 31). Rigor mortis is rapid in onset and of short duration
after prolonged muscular activity, e.g. after exhaustion in battle, and following convulsions.
Conversely, a late onset of rigor in many sudden deaths might be explained by the lack of
muscular activity immediately prior to death.
In addition to these two principal factors, other endogenous and environmental factors are
claimed to influence the onset of rigor. Onset is relatively more rapid in children and the
aged than in muscular young adults. It develops early and passes quickly in deaths from
septicemia or from wasting diseases. It is delayed in asphyxial deaths, notably by hanging
or carbon monoxide poisoning, and also when death has been immediately preceded by
severe haemorrhage. (Ref. 10 at p. 15).
The opinion of Knight that "it is extremely unsafe to use rigor at all in the estimation of
time since death" is somewhat extreme. (Ref. 8 at p. 123.) However, the rule of thumb
offered by Camps is overly simplistic - "corpses can usually be divided into those, still
warm, in which no rigor is present, indicating death within about the previous three
hours. Those in which rigor is progressing, where death probably occurred between 2 and
9 hours previously; and those in which rigor is fully established, showing that death took
place more than 9 hours previously". (Ref. 6 at p. 85). Knight states that "the only possible
use is in the period around the second day, when body temperature may have dropped to
52
EXHIBIT 5 – SCIENTIFIC ARTICLE ON RIGOR MORTIS
environmental but putrefaction has not yet occurred. If full rigor is present, then one
might assume that this is about the second day following death, depending upon the
environmental conditions". (Ref. 8 at p. 123).
Exposure of a body to intense heat results in heat stiffening due to coagulation of the muscle
proteins. Unlike rigor mortis, heat stiffening is associated with muscle shortening resulting in
the characteristic pugilistic posture of burned bodies. Heat stiffening obscures rigor mortis
with which it should not be confused. Freezing of a
body will cause stiffening of the
muscles, postponing the development of rigor which is said to develop as soon as thawing of
the body permits.
Cadaveric spasm (synonyms: instantaneous rigor, instantaneous rigidity,
cataleptic rigidity) is a form of muscular stiffening which occurs at the moment of death
and which persists into the period of rigor mortis. Its cause is unknown but it is usually
associated with violent deaths in circumstances of intense emotion. It has medico-legal
importance because it records the last act of life. Cadaveric spasm may affect all the
muscles of the body but it most commonly involves groups of muscles only, such as the
muscles of the forearms and hands. Should an object be held in the hand, then cadaveric
spasm should only be diagnosed if the object is firmly held and considerable force is
required to break the grip. Cadaveric spasm involving all the muscles of the body is
exceedingly rare and most often described in battle situations. (Ref. 6 at p. 85, and Ref. 10 at
p. 19).
Cadaveric spasm is seen in a small proportion of suicidal deaths from firearms, incised
wounds, and stab wounds, when the weapon is firmly grasped in the hand at the moment
of death. In such circumstances the gripping of the weapon creates a presumption of
self- infliction of the injuries. This state cannot be reproduced after death by placing a
weapon in the hands. It is also seen in cases of drowning when grass, weeds, or other
materials are clutched by the deceased. In this circumstance, it provides proof of life at
the time of entry into the water. Similarly, in mountain fatalities, branches of shrubs or
trees may be seized. In some homicides, hair or clothing of the assailant may be found in
the hands of the deceased.
References
1.
Copyright 1995. Derrick J. Pounder, University of Dundee. Used for educational
purposes only for the Oklahoma Bar Association Mock Trial Competition – 2013.
53
EXHIBIT 6 – MEDICAL EXAMINER’S AUTOPSY DIAGRAM, ANNE MARCUS
54
EXHIBIT 7 – PHOTOGRAPH OF ROCK FROM CRIME SCENE
55