The Need for the Paul Coverdell National Forensic Sciences Improvement Act Medical Examiners and Coroners

Thank you Mr. Chairman and ladies and gentlemen of the committee for the privilege of coming before you to address this distinguished body. I come before you today on behalf of our nation’s Medical Examiner and Coroner community; please accept our sincere gratitude and appreciation for this opportunity.

As you are no doubt aware from the many important and pressing matters that come before the committee on a regular basis, there is a tremendous interest in all the forensic sciences, including medical examiner/coroner activities. I think it highly significant that members of the forensic sciences community come before you today, just a few days following the successful prosecution of the perpetrator of one of the single most cowardly acts on record – the bombing murder of children in a church. In a nutshell, the investigations conducted by all forensic scientists, medical examiners, and coroners is targeted to collecting sufficient evidence – from the examination of the crime scenes and from the autopsy examination of the broken and bloodied bodies – to provide the courts with sufficient credible scientific evidence to ensure that justice is done. We are impartial scientists and physicians charged with the awesome responsibility of explaining how and why a fellow human being’s life has been taken away.

Regrettably, due to limited resources, most medical examiners and coroners do not have sufficient staff and equipment to perform at an optimal level. This shortfall adversely affects our criminal justice system because the lack of needed materials and personnel hinders the pathologist’s ability to expedite reports in criminal cases. That report is necessary for successful criminal prosecution. A suspect – innocent until proven guilty – sits in jail awaiting their day in court. In Alabama, that wait recently has been as long as thirty months. This despite our constitution’s assurance of the right to a speedy trial.

While we oftentimes think of forensic matters as they relate to high profile cases – mass disasters, acts of terrorism, homicides and the like – I would like to speak on other forensic pathology issues that might be underappreciated. While perhaps less important, at least to some, than high profile cases, overall most of our cases involve investigations involve sudden, unnatural, and suspicious deaths of adults and children. In short, the medical examiner/coroner investigation is the final word as to whether or not a death is due to natural causes, foul play, or preventable means. If the medical examiner can assist by preventing even one additional death, the funding invested in the office has been well-spent. In dealing with the victims of tragic sudden death and their families, the forensic pathologist plays a critically important role in the lives of innumerable other people – the surviving family members, friends, neighbors, the community at large, the police, the courts, ….

To illustrate a typical non-homicide investigation, allow me to share a situation I was involved in just two weeks ago. This case involves the death of a 6-month-old baby, born prematurely. The child was healthy and had been doing well until one morning when the mother awoke to discover her lifeless child’s body. Both parents were obviously distraught at their loss. And yet they – as well as the investigators – wanted to know what had happened. The autopsy was performed and four months later, they had no answers. The reason for the delay is that the toxicology lab, that area that looks for drugs and poisons in the blood, was backlogged and could not analyze the sample any more quickly. Imagine the grief, frustration, and anger of not knowing why your baby had been taken from you. Imagine that feeling every day for a month…two months…three months…four months. Imagine in some areas where that analysis takes over a year simply because the medical examiner laboratory does not have the resources available to perform the test more quickly. This is even more tragic given that in most cases it takes less than a week to actually perform the test. Eventually, four months after the fact, and only because they called to request assistance, the toxicology testing was completed. In the end, the autopsy and scene investigation allowed determination that the child had died from an accidental suffocation and that no foul play was involved. This is vitally important to the parents in reassuring them that there was nothing they could have done differently, given the circumstances.

This case then affects the law enforcement agencies involved, who can then save their resources to investigate homicides and suspicious deaths. It also affects any insurance benefits that might be pending the results of the autopsy. It is not at all uncommon to have urgent calls from families pleading for an autopsy report for insurance purposes so that they can pay for the burial expenses or make the payment on their home. Another area of public concern is death due to infectious disease, such as meningitis. The community at large needs to know if there is a potential concern for transmission of this potentially lethal disease. Likewise, the medical examiner may be able to determine through autopsy, toxicology, and drug analysis if a “bad batch” of drugs is circulating in the community.

It is shameful that the answer to the problem is simply a matter of providing adequate resources. Different systems need different things, depending upon the particular needs of the area served. Some might need an adequate building. Others perhaps modern and more efficient equipment. Still others may require additional personnel. The real strength of the Paul Coverdell National Forensic Sciences Improvement Act is that it allows different forensic systems to establish a plan in deciding how their particular population would best be served in allocating new resources.

We are reminded of the medical examiner component of this law by the untimely and tragic death of the bill’s namesake, Senator Coverdell, who was called home far too soon. His passion was for justice and truth. Those core principles are the essence of this law. Providing the resources so that forensic examinations and autopsy reports can be completed in a timely manner will allow more efficient use of all our resources. By fully funding the Paul Coverdell National Forensic Sciences Improvement Act, the pledge of allegience’s assurance of “justice for all” can be fulfilled – justice for those suspects awaiting a speedy trial, those loved ones awaiting closure, and those in financial need awaiting insurance benefits. Most importantly, it will help ensure the rights of those who did not choose or desire to become homicide victims – whose lifeless bodies cry out from their graves for a swift resolution to their case so that their attacker can be put behind bars and their families can begin the healing process. That is surely justice for all.

I thank you for you kind consideration of this matter and your interest in trying to help our nation’s crime laboratories and medical examiners.