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Case Study: Forensic Pathologist Expert Witness
How the Right Expert Exposed Fatal Flaws in the State’s Theory
When prosecutors charge someone with murder based on medical evidence, they rely on state experts—medical examiners, Child Protection Team doctors, and forensic analysts. These experts shape the entire case. And when they get it wrong, the consequences can be catastrophic.
In this case, my client—a grandmother—faced first-degree murder and aggravated child abuse charges after the death of her young granddaughter. According to the prosecution’s theory, she had beaten the child so severely that the child died from internal injuries, including a lacerated liver.
The Child Protection Team doctor reached an early and firm conclusion: the injuries could only have resulted from intentional, inflicted trauma. Once that opinion was issued, the entire system mobilized against her.
However, I knew that expert opinions are only as good as the analysis behind them. And in this case, the state’s analysis was fatally flawed. I am Tampa Criminal Defense Attorney Rocky Brancato. This post is part of our forensic series put out by the Brancato Law Firm, P.A., your Tampa criminal forensic evidence law firm.
| What Is a Forensic Pathologist Expert Witness? A forensic pathologist is a medical doctor who specializes in determining cause and manner of death through autopsy and evidence analysis. When retained as a defense expert witness, a forensic pathologist reviews autopsy reports, microscopic tissue slides, scene photographs, and medical records to challenge the state’s conclusions. Former state medical examiners are particularly valuable because their opinions carry significant credibility in court. |
Why I Brought in a Former State Medical Examiner
As always, I began with the medical records—every page, note, and image. But I knew that challenging the state’s medical conclusions would require more than my own analysis. I needed an expert whose credentials would be impossible to dismiss.
So I retained a former state medical examiner—someone who had performed thousands of autopsies, testified in courts across Florida, and whose opinion would be extremely difficult for prosecutors to discredit. Most importantly, he knew exactly what to look for when state experts rush to judgment.
His first directive was clear: Get the slides.
| What Are Autopsy Slides? Autopsy slides are microscopic tissue samples taken during an autopsy and preserved on glass slides. Defense attorneys often overlook them, but they can reveal critical details about timing, cause, and mechanism of injuries that may not be apparent from gross examination alone. A qualified forensic pathologist can analyze these slides to challenge the state’s conclusions. |
What the Expert Found That the State Missed
We obtained the slides, along with scene photographs, hospital records, and the original autopsy report. As my expert reviewed everything with fresh eyes, he noticed something subtle in the scene photos from the family’s home: medical waste.
Specifically, tools used to revive the child—airways, suction devices, trauma equipment—were strewn about the scene. The state’s experts had focused entirely on the injuries. My expert asked a different question: what caused them?
This opened an entirely new line of inquiry that the prosecution had never considered.
| What the Forensic Pathologist Expert Reviewed |
| Complete autopsy report and original findings. Microscopic tissue slides from autopsy—often overlooked by other attorneys. Scene photographs showing resuscitation equipment and medical waste. Hospital records documenting emergency response efforts. Child Protection Team doctor’s conclusions and methodology. |
The Expert’s Conclusion: A Completely Different Cause of Death
After careful analysis, my expert concluded that the child had drowned in the bathtub—a tragic accident that occurred while the grandmother was briefly out of the room.
Furthermore, he determined that the liver injury was consistent with aggressive resuscitation efforts, not a beating. Emergency responders had tried everything to revive the child. In doing so, their chest compressions—on a child that small—could have caused internal trauma that was later misinterpreted as inflicted abuse.
The truth, it turned out, was more complicated than the original accusation.
The Truth Behind the Tragedy
Yes, the grandmother had been negligent. She had been moving back and forth between the bathroom and the kitchen, where she was preparing dinner. She was not paying close enough attention. Tragically, her inattention had a devastating consequence.
But she was not a murderer. And she was not a child abuser.
We took these findings to the prosecution. Faced with the expert’s analysis and the alternative explanation supported by the evidence, they had a choice to make.
| RESULT: MURDER AND AGGRAVATED CHILD ABUSE CHARGES DROPPED My client pled to child neglect and received probation. She avoided life in prison and was not branded a murderer. |
Why the Right Expert Made All the Difference
This was not a case of total innocence—but it was a case of gross overreach by prosecutors who trusted their experts without question. Without my own forensic pathologist, the distinction might never have come to light.
Had we not obtained those autopsy slides… had we not examined those scene photographs closely… had we not brought in an expert who knew what questions to ask… my client would have been painted as a monster instead of a flawed caretaker.
She likely would have died in prison, branded forever as someone she never was. The right forensic pathologist expert changed everything.
Frequently Asked Questions
What is a forensic pathologist expert witness?
A forensic pathologist is a medical doctor who specializes in determining cause and manner of death. When retained by the defense, they review autopsy reports, tissue slides, scene photos, and medical records to challenge the state’s conclusions. Their testimony can be decisive in murder, manslaughter, and child death cases.
Why should I hire a former state medical examiner?
Former state medical examiners carry exceptional credibility because they once worked for the government. Consequently, prosecutors and juries find it difficult to dismiss their opinions as biased. They also understand exactly how state experts reach their conclusions—and where those conclusions can be challenged.
What are autopsy slides and why do they matter?
Autopsy slides are microscopic tissue samples preserved on glass slides during autopsy. They can reveal critical details about timing and mechanism of injuries that gross examination may miss. As a result, defense attorneys should always request these slides in death cases.
Can CPR cause injuries that look like child abuse?
Yes. Aggressive chest compressions during resuscitation can cause rib fractures, liver lacerations, and other internal injuries—especially in young children. Therefore, a forensic pathologist must carefully distinguish between injuries caused by abuse and injuries caused by life-saving efforts.
How do you challenge a Child Protection Team doctor’s opinion?
Challenging a CPT doctor requires retaining your own forensic expert—ideally a former medical examiner or forensic pathologist. Most importantly, this expert must review all evidence independently, including autopsy slides, scene photos, and medical records, to develop an alternative explanation that the CPT doctor missed.
When should I hire a forensic pathologist for my case?
You should consider a forensic pathologist expert whenever your case involves disputed cause of death, child fatality allegations, medical evidence interpretation, or challenges to autopsy findings. In serious cases like murder or manslaughter, retaining the right expert early can change the entire trajectory of your defense.
Facing Charges Based on Medical Evidence?
When prosecutors build cases around medical evidence—autopsies, Child Protection Team opinions, forensic analysis—they expect defendants to accept their experts’ conclusions without challenge. Unfortunately, without your own forensic pathologist to review the evidence, you may never know what the state got wrong.
For over 25 years, I have defended clients against the most serious charges in Tampa Bay. As a result, I understand how to identify the right forensic experts, obtain the evidence they need to review, and build a defense that challenges the state’s medical conclusions.
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Related Case Studies: DNA Evidence Defense | Aggravated Child Abuse Defense
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