Day 14 – 1/25/08
We start the day with Dr, Long back on the stand. Albee is grilling him about the 20 year-old Stallings case.
This testimony is out of the jury presence. You prepared an amended report? Yes.
When? The other day. I didn’t see the point to it, but did it after you brought it up.
At the time of the Stallings trial, the report had not been amended. The report said the ethylene glycol units were in nanograms not micrograms.
Judge is interrupting. Albee can’t take the road he’s on.
Following Mrs. Stallings conviction, the prosecutor reopened the case? Yes.
Based on a laboratory error? There were 3 labs that did testing.
Your laboratory was criticized? Yes sir.
Your reputation was damaged? Yes.
You made a mistake in that case? Yes,
And you made a mistake in the Jensen case? No, I said the amount large and we went over that.
Albee goes back to the Stallings case again.
Albee finds an article about the Stalling case, Journal of Pediatrics. Dr. Long's name not in the article.
Dr. Long says there's no reference to HIS laboratory work!
Jambois points out that the article didn't criticize anyone. They did point out that a gas chromatograph is not able to differentiate between ethylene glycol and proprionic acid and shouldn't be used in the future.
Judge says he has no evidence that Dr. Long failed to follow proper procedures (standards of care).
Schroeder smacks down Albee (who is now pouting)!
Jury brought in.
You presented testimony at the Stallings case? Yes.
You took the spectra and whited-out 3 numbers on the graph. So it looked better? No, I removed the numbers because the prosecution asked me to.
Was it a fair and accurate representation? As a scientist, it was.
You didn’t tell the jury in the Stallings case you whited-out numbers? I wasn’t asked.
Have you manipulated data in this case? Others did the testing, I reviewed the data.
Jambois begins his questioning in a calm, collected manner. It is a startling contrast to the rantings and ravings of Mr. Albee, today.
We are looking at the exhibit graph where the numbers were whited-out and comparing it to the original report.
Jambois is doing a good job having Dr. Long explain why the numbers were whited-out. They were stray ions that actually don't mean anything to the test results and the prosecution thought they were confusing.
Jambois is cleaning up the word “large”.
A 5lb rat would be large? Yes.
About the size of a cat? Yes
But the size of a small dog? Yes
So the word large, it’s relative? Yes
Going through photocopies of the bottle with Julie’s gastric contents. Establishing the chain of custody. The contents were taken by Dr. Chambliss and sent to Dr. Long’s lab.
AIT labs were used by the defense to also examine the gastric contents. University of Kentucky also received samples.
Albee is back on the Stallings case again! He is just dying to impeach Dr. Long somehow.
Mercifully, Dr. Long is allowed to step down.
Dr. Mainland, Medical Examiner for Kenosha County Forensic Pathologist on the stand giving her CV. She became Kenosha County ME in January 2005
Mr. Jambois asked her to look at autopsy protocol, microscopic slides, police reports, toxicology, tissue slides, etc. to consider the best idea she could of cause and manner of death.
Her opinion is that Julie Jensen died of ethylene glycol poisoning with probable terminal asphyxia. Homicide.
She created slides of her own to compare with original ones. They were essentially similar.
Ethylene glycol will only be in human body if poisoned accidentally or deliberately.
Julie had ethylene glycol in numerous locations, including the brain and liver.
Albee objects to pictures being admitted.
Judge says they will be received for cross-examination.
Exhibit 211 displayed. It depicts picture taken through the microscope of a thin layer of kidney tissue. Kidney tubules are round or oval structures where urine is made.
There is a calcium oxalate crystal. They form and get "stuck" in the kidneys. You could end up with some from what you eat, say a bushel of rhubarb, or poisoning.
Next exhibit: 215 show additional crystals.
216: Broader range photo showing crystals.
Mainland believes ethylene glycol caused the crystals because it was found in her body.
Dr. Mainland does not believe there could be any other reason than poisoning.
Immediate cause of death could also be asphyxia.
Albee objects on notice grounds.
Overruled because she testified at hearing in 2007.
At that time she opined the death way by ethylene glycol poisoning.
She could not rule out asphyxia at the time.
Because of Aaron Dillard's statement, attributed to Mark Jensen she changed her mind.
She believes that Aaron Dillard had information that was NOT public. (Even if Dillard was the most evil, villainous person in the world).
She had findings that were not attributable to ethylene glycol poisoning and couldn't explain until Mr. Dillard's statement.
Hemorrhages in the neck area and bruising along rib cage (not visible externally) and buttocks.
Jambois refers back to Aaron Dillard's letter:
Summary: When Mark came home, she wasn't dead. He rolled her over on her face, got on top of her and smothered her.
Dr. Mainland says that the hemorrhages along the rib cage measure up best with Dillard's letter.
Next Photograph: Mrs. Jensen's body at autopsy with Y incision.
Jamboins warns the jury about the nature of the photo and puts it on the overhead.
Dr. Mainland points to areas that are darker than the other areas. They are dark due to hemorrhage.
Photograph of Julie in bed shows how Julie's left arm under her body is lying against the rib cage. Pressure on the arm or rib cage could cause the bruises.
Mark Jensen could have done this.
Dr. Chambliss found the bruising during the initial autopsy.
Julie's fingers are darker that the rest of her arm due to post-mortem lividity. Blood pooling at lowest point of body- arm hanging off the bed. Indicates the position of the body had not changed from the time of death. It would have had to been moved before the lividity set in.
Are there any other things in the autopsy protocol that could also be attributed to death by asphyxia?
Bruises on the buttocks would occur if someone were sitting on her. The hemorrhage on the rib cage. Hemorrhage on the back of the larynx.
If it’s true about the neck being pushed into the pillow, the hemorrhage on the back of the larynx is consistent with Aaron Dillard statement.
Dr., as a forensic pathologist you go to crime scenes and frequently examine the bodies at crime scenes? Yes.
Based on your examination of the files do you have an opinion as to ethylene glycol was a single or multiple dose? It would be multiple does.
In suicidal cases of ethylene glycol poisoning, the person takes a big dose, gets ill quickly and dies. In homicide cases, a smaller does would be typical. If you are trying to poison someone, you don’t want them to know it.
Why do think there was more than one dose in this case? Julie had symptoms sometime on Dec.1. If she only had 1 dose it gets absorbed and processed by the body. She was alive on the 3rd but had ethylene glycol in her stomach.
Albee complaining that Paul Griffin, Julie’s brother, taped conversations with Mark Jensen and they are inadmissible. Sounds like Jensen may not have known he was being taped. Dr. Mainland saw those transcripts.
Albee also saying he wasn’t given prior notice how Dr. Mainland was going to testify. Judge to rule later.
The photo of Julie’s face is shown where her nose and mouth are squished to the side. Wow! Julie's face was really out of shape! (More on this later!)
Dr. Mainland agrees that the photo is consistent with Dillard’s testimony.
Lithium was found in Julie’s gastric contents, not in the blood. Paxil was also in the gastric contents. Ambien was found in the gastric and in the blood.
Dr. Lavin wrote in the final autopsy, the cause of death was ethylene glycol.
Dr. Lavin was fired which is how Dr, Mainland was hired. Lavin was fired over this case.
Albee is trying to get Mainland to impeach Dr. Long's report.
At the last testimony you never stated this was an asphyxia death, but an ethylene glycol death? Yes, but asphyxia couldn’t be ruled out.
Aaron Dillard is the reason you have now changed your mind. So the question is whether to believe Dillard? Yes.
I think Julie, if left alone would have died of ethylene glycol, but I think her death was hastened.
Based on Aaron Dillard? Yes.
The hemorrhaging in the neck could just be as a result of dying? Yes, they could be.
The hemorrhaging in the chest around the ribs is rather non-specific? If you take it out of context all of this could be non-specific.
Could have happened when the body was moved? It’s possible.
Julie’s eyes were open at the death scene and the officer testified the eye was bulging. Did you see anything that concerned you about the eyes? No.
There is nothing in the report about the nose? The report says it is midline.
Det. Ratzburg took the photos at the death scene? Yes.
Dr, Chambliss didn’t take photos on this case? I haven’t seen any.
If someone was smothered in a pillow you might see fluid in the pillow? You might.
If somebody isn’t mobile and they are turned you would see bruises on the arms? You could.
There’s no evidence of forced food consumption? I can’t say.
Your decision to believe Aaron Dillard is he had no other source for the information other than Mr. Jensen? Yes.
(Wow, Kenosha has higher suicide rate than the state of Wisconsin!)
Dr. Mainland will be returning to the stand on Monday.
Have a great weekend readers!
Thank you, ritanita for your contributions!