OTLA Trial Lawyer Winter 2025

Toxicology by Kenn Meneely From a practitioner’s legal position, many times the “obvious” requires little to no forensic investigation. However, one can never assume the forensic work is complete or accurate. THE MAGIC BULLET? The first case was an ongoing domestic violence case in which the husband was allegedly subjecting his wife to physical violence. Scene This case started in a rural setting where the surrounding neighbors complained to the police of a possible “gas leak”. Upon entry into the residence, investigators found no gas leak but discovered the husband laying on the bed partially covered by a sheet. The “gas leak” odors were attributable to the husband, deceased, decomposing in his bed for approximately one year and was essentially “melting” into the bedcovers. The investigation also noted the wife had been living in an RV at the residence for approximately one year. Associated with the body was a small wooden bat. The postmortem examination recovered a bullet that had passed through the lower back area. A weapon was subsequently recovered during the investigation. Examination of the scene revealed the bedsheet had a hole in it the size of a small caliber weapon. Since the “hole appeared” to be the corect size of a bullet, no forensic evidence was obtained. During the interview of the spouse, she stated her husband continually abused her, so she shot her husband one evening when he attacked her. Investigators concluded the wife was not credible and she had shot her husband while he was lying in the bed and left his body in the bed for a year. The forensic evidence consisted of the following: • Firearm • Bullet from the body: this bullet was identified as having been fired from the firearm. • Bedsheet with a “bullet hole” in the sheet. Due to degradation, the forensic laboratory was unable to determine if any gunshot particles were embedded in the sheet. • Mummified/degraded body Defense Forensic Investigation Arrangements were made to examine the bedding material, firearm and ammunition at my facility. The bedding material covering the degraded body arrived along with massive amounts of maggots. Several things occur when a bullet is fired from a weapon. Depending on the distance between the muzzle of the weapon and the target (i.e. bedding), burnt and unburnt gunpowder particles may adhere to the target. However, due to the extreme degradation in this case, nothing was found. In addition to KENN MENEELY has been a forensic scientist for over 45 years and is the owner of Willamette Valley Forensics. He has been court qualified in Oregon, and other States, as an expert witness in the following areas: crime scene reconstruction, blood spatter analysis, trace evidence, serology, firearms, toxicology, effects of drugs and medications, drug chemistry, clandestine laboratories, blood alcohol, breath alcohol and effects of alcohol. Meneely can be reached at [email protected]. See Toxicolory p. 48 47 Trial Lawyer | Winter 2025

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