Dr Horn – Direct

Juan Martinez: Your name, sir?

Kevin Horn: Dr. Kevin Horn.

Juan Martinez: And, who do you work for?

Kevin Horn: Maricopa County Examiner’s Office.

Juan Martinez: How long have you worked there?

Kevin Horn: Almost 12 years.

Juan Martinez: And what is it that you do over there at the Medical Examiner’s Office?

Kevin Horn: I am a Medical Examiner. I’m charged with examining deceased individuals and certifying a cause and manner of death within the county.

Juan Martinez: And in terms of your education, where did you go to medical school?

Kevin Horn: University of Maryland.

Juan Martinez: And what year did you graduate?

Kevin Horn: 1995.

Juan Martinez: When did you begin working for the Medical Examiner’s Office again?

Kevin Horn: 2001.

Juan Martinez: And drawing your attention back to June of 2008, did you have occasion to conduct a medical examination on the body of Travis Alexander?

Kevin Horn: Yes.

Juan Martinez: With regard to an examination of an individual such as this, what are the first steps that are taken?

Kevin Horn: The body is received under seal. It’s in a sealed body bag with a number that’s unique to that case. That seal is broken in my presence, the bag is opened, and then we examine the outside of the body, collecting evidence, performing photographs, and then we move on to an external examination, documenting injuries, and then an internal examination or an autopsy.

Juan Martinez: In this particular case were there any x-rays taken?

Kevin Horn: Yes.

Juan Martinez: And what is the purpose of the x-rays?

Kevin Horn: Mostly to document internal trauma and/or projectiles that we may need to recover.

Juan Martinez: I’m going to show you some photographs. Take a look at Exhibits 170 through 173. Do you recognize those?

Kevin Horn: I do.

Juan Martinez: And, are these photographs that were taken as part of your medical examination of Travis Alexander?

Kevin Horn: Yes.

Juan Martinez: And specifically, do they include the identification photograph as well as the x-ray?

Kevin Horn: Yes.

Juan Martinez: I move for the admission of Exhibits 170 through 173.

The Court: Any objection?

Jennifer Willmott: Judge, I would object to Number 170.

The Court: Counsel approach.

(SIDEBAR)

The Court: Exhibit 170 through 173 are admitted.

Juan Martinez: Let’s take a look at Exhibit 170. And what is this number that’s here on the left here?

Kevin Horn: 083532, that’s our case number for the year.

Juan Martinez: Is that the same as the number that came in the bag, in the sealed bag, or is that a different number?

Kevin Horn: There’s an individual seal number on the bag but the case number is separate from that.

Juan Martinez: And this is the face identifying the individual that was brought in, correct?

Kevin Horn: Yes.

Juan Martinez: The radiographs, or the x-rays that were done in this particular case, were they done before you conducted your exterior examination, or afterwards?

Kevin Horn: Before.

Juan Martinez: Let’s take a look, then, at Exhibit #171. And, what are we looking at here?

Kevin Horn: We’re looking at a frontal x-ray of the head, and on the left side— I’m sorry, on the right side of the x-ray you can see a projectile.

Juan Martinez: When you say— you said the left side. That would be the left side of Mr. Alexander, correct?

Kevin Horn: His left, our right as we look at the x-ray.

Juan Martinez: Exhibit #172, what are we looking at here?

Kevin Horn: We’re looking at a side view of the head, again, showing the projectile.

Juan Martinez: And this is where the projectile ended up, correct?

Kevin Horn: Yes.

Juan Martinez: Is it— and it is on the left side, even though this is the right aspect.

Kevin Horn: Yes, it’s his— it’s his left cheek area.

Juan Martinez: In looking at 173, this is a radiograph or an x-ray of the to— or the, the, the top portion, or the chest portion. Why was this taken? Or does the Medical Examiner’s Office just take a full-view x-ray of everybody that comes in?

Kevin Horn: We usually do a full series of— especially in homicides, we’ll do a full series of x-rays to look for any sort of hidden projectiles, or any sort of— especially in a stabbing case, we’ll look for the tip of a knife or something like that, something that could harm us as we’re doing the examination.

Juan Martinez: And, is there anything that is shown in this x-ray as it applies to the stabbing or the shooting?

Kevin Horn: No, there’s no metal fragments visible.

Juan Martinez: As part of your examination, the external examination, did you take a look at the hands?

Kevin Horn: Yes.

Juan Martinez: Take a look at Exhibits 174 through 183 and see if that depicts photographs of Mr. Alexander’s hands.

Kevin Horn: Yes.

Juan Martinez: I move for the admission of Exhibits 174 through 183.

The Court: Any objection?

Jennifer Willmott: No objection, your Honor.

The Court: Exhibits 174 through 183 are admitted.

Juan Martinez: Let’s take a look at Exhibit 174. What are we looking at here?

Kevin Horn: The back of the right hand.

Juan Martinez: Sir, one of the things that we know in this case is that the body was in its home for a while— or days before it was actually discovered. So, are you fam— was there any decomposition that was associated with the body, and are we looking at any in this particular photograph? Or was it other parts of the body?

Kevin Horn: Yes, there was a state of what we would call ‘intermediate decomposition,’ or the ‘middle stage of decomposition,’ and it involved the whole body. And in this picture in particular we can see green discoloration of the hand and also early, what we call ‘mummification’ of the fingertips.

Juan Martinez: And if you take a look over here on the thumb, why is that dark-er, I guess, than the rest of the hand?

Kevin Horn: It’s- it’s dried.

Juan Martinez: And is that part of the mummification process that you described for me?

Kevin Horn: Yes.

Juan Martinez: Are there any injuries to the upper portion of Mr. Alexander’s right hand?

Kevin Horn: No.

Juan Martinez: Let’s take a look at Exhibit 175. Now the fingers are extended and we do see that there is some darkness on each of those fingers. Do you see— fingernail areas. Do you see that?

Kevin Horn: Yes.

Juan Martinez: What causes that?

Kevin Horn: Again, that’s decompositional change.

Juan Martinez: And, are there any injuries on the top of the arm?

Kevin Horn: There is an injury to the thumb, which I don’t think is really clearly visible in this photograph.

Juan Martinez: Alright, let’s then take a look at Exhibit #176, which shows us, what? What are we looking at here?

Kevin Horn: This is the palm of the right hand, and I think there may be another picture that shows this better, but there is an incised direct cutting injury of the tip of the right thumb.

Juan Martinez: And, Exhibit 177, is that what you’re talking about?

Kevin Horn: Yes.

Juan Martinez: In looking at injuries, are you able to tell whether they were made before death, after death, or at the time of death, as part of the examination?

Kevin Horn: Sometimes. It depends on the case.

Juan Martinez: How about this one right here? Could you tell by looking at it and conducting an analysis, whether or not this was done either before death, at the time of death, or after death?

Kevin Horn: I think it was done before death. There is hemorrhage associated with it.

Juan Martinez: When you say that there’s hemorrhage associated with it, explain that a little bit more to me. Does a— what is it that causes a person to hemorrhage if they’re alive, which is what I think you’re telling me?

Kevin Horn: Well, if you have a heartbeat, you’re going to have blood flow to an area that’s injured, and so you’ll have blood flow from an injury. So if the skin is cut or torn, there will be a great deal of blood that will come from the injury in a living person. A deceased person will ooze some blood, but not a great deal.

Juan Martinez: So in this one right here, it is your opinion that Mr. Alexander was alive when this was inflicted.

Kevin Horn: Yes, taking into consideration what I said and also in context with other injuries that are on the hands.

Juan Martinez: And what kind of injury is this one that we’re looking at?

Kevin Horn: It’s a sharp force injury. It’s caused by a blade or a sharp forced object.

Juan Martinez: If an individual— let’s get away a little bit from a knife for right now and just focus on the individual maybe who is dragged, or is hit, that kind of thing. If an individual is dead and somebody applies some force, hits them, are they going to bruise necessarily, or not?

Kevin Horn: There may be something that would look like a bruise, but it will not be as large, and the color will be different in a deceased person because there’s no blood flow to the area. So you’ll actually just be breaking blood vessels in that area and whatever blood happens to be there will ooze out, but there won’t be blood pumped into the area.

Juan Martinez: And part of the reason I ask that is I see that there’s sort of like, on top of it, a little bit of a darker area. Is that mummification, or is that bruising?

Kevin Horn: It may be a combination of both. There’s some darkening underneath the nail there, but in context of the mummification, I can’t really say for sure.

Juan Martinez: Are you familiar with the term ‘defensive wounds?’

Kevin Horn: Yes.

Juan Martinez: And— define that for me, please.

Kevin Horn: They’re based largely on location on the body. If you have injuries to the backs or the forearms, or the palms or the backs of the hands, you can have gunshot wounds in those locations, or in the case of an assault with a knife or an edged-weapon, you can have cuts or- or- or incised injuries to the backs, or the palms, or the backs of the forearm, and it’s consistent with someone trying to either grab the knife or for— fend off wounds… or fend off injury.

Juan Martinez: And the way you described it, by necessity, the person would have to be conscious and alive, correct?

Kevin Horn: Yes.

Juan Martinez: And, is this that we’re looking at—the right thumb—is that a defensive wound?

Kevin Horn: Could be, yes, consistent with that.

Juan Martinez: Let’s take a look now at Exhibit #178. What do we see here?

Kevin Horn: It’s the back of the left hand.

Juan Martinez: And, again, with the back of the left hand, if you notice this little portion right here, what is that right there?

Kevin Horn: It appears to be what we call a void in the blood. Maybe there’s an area of pooling the blood— the hand was resting in and the blood is not staining that area.

Juan Martinez: Okay. But that’s not injury, correct?

Kevin Horn: No.

Juan Martinez: Exhibit 179, what are we looking at there?

Kevin Horn: This is the back of the left hand.

Juan Martinez: Do we see any injuries here, or not?

Kevin Horn: You can see the edge of an injury on the side below the thumb, the side of the hand, and then also on the back of the thumb. So there are two injuries that are partially visible here.

Juan Martinez: And, those injuries, if we look at Exhibit 180, do those show those a little bit more?

Kevin Horn: Yes. This is the palm of the left hand, again, showing from the side of the thumb near the wrist, there’s a fairly deep wound that’s going into the muscle there. There are two separate wounds of the palm below the index finger. And then I believe there’s another injury on the thumb that we’ve already described.

Juan Martinez: In looking at these, just to the naked eye, and obviously naked eye may not tell us everything, as we compare those to the injury to the right thumb, these seem to be a little bit deeper. Is that true, or not?

Kevin Horn: Yes.

Juan Martinez: And, how deep are these in comparison to the one that we saw in the thumb?

Kevin Horn: The one in the thumb is fairly superficial, it just clips off part of the nail. This is actually going into the soft tissue and the muscle beneath the hand, so it’s going in a depth of about a quarter of an inch for all three injuries.

Juan Martinez: And, if you look at this, are you able to tell us what type of blade is doing this, other than that it’s a knife blade?

Kevin Horn: All I can say is that it’s a sharp-edged object.

Juan Martinez: Let’s take a look at Exhibit 181. And this has a scale to it, correct?

Kevin Horn: Yes.

Juan Martinez: And so, for those of us that are really not versed in metrics, how big would you say this one is, the larger of the two?

Kevin Horn: That measurement in inches is 1 ¾ inch.

Juan Martinez: And this one right here, the one down there?

Kevin Horn: Three quarters of an inch.

Juan Martinez: Taking a look at Exhibit 182. Now we’re looking at those first two injuries that we described, the one near the wrist and the one on the— higher up on the thumb, correct?

Kevin Horn: Yes.

Juan Martinez: Were these also deep? This one that I’m pointing to near the wrist, was that deeper than the one on the right thumb?

Kevin Horn: Yes.

Juan Martinez: And, if we look at 183, we have the scale there, correct?

Kevin Horn: Yes.

Juan Martinez: How big was that one?

Kevin Horn: That was measured in inches, 1 ½ inch. And on the back of the thumb, 1 inch.

Juan Martinez: One of the things that we talked about with regard to the other injury to the right hand was whether or not they were consistent with defensive wounds. In this one, were these consistent with defendant— defensive wounds?

Kevin Horn: Yes.

Juan Martinez: And, does that mean that Mr. Alexander was alive at the time that these injuries were inflicted?

Kevin Horn: I believe he was.

Juan Martinez: Would they have bled at the time?

Kevin Horn: Yes.

Juan Martinez: Let’s take a look at Exhibits 184 through 191. Are you familiar with those photographs?

Kevin Horn: Yes.

Juan Martinez: Do they depict the injuries to Mr. Alexander’s front area from the head down to— I guess it would be down to his toes, correct?

Kevin Horn: Yes.

Juan Martinez: I move for the admission of Exhibits 184 through 191.

Jennifer Willmott: No objection.

The Court: Exhibits 184 through 191 are admitted.

Juan Martinez: Sir, while those are being marked, how tall is Mr.— well, as part of the examination, is the body measured for height?

Kevin Horn: Yes.

Juan Martinez: How tall is Mr. Alexander?

Kevin Horn: 69 inches.

Juan Martinez: That’s 5 foot 9, correct?

Kevin Horn: 5 foot 9, yes.

Juan Martinez: And, how much did the body weigh at the time of the examination?

Kevin Horn: 189 pounds.

Juan Martinez: The decomposition process, does that add weight, or does that take away weight, or does it just not affect it much?

Kevin Horn: Generally, you’re not going to add weight, you’ll take away weight. And also, in a person who’s been bleeding, that will also take away weight.

Juan Martinez: Let’s take a look at Exhibit 184. And I’m interested in this area here on the right arm. Do you see that right there, this area here?

Kevin Horn: Yes.

Juan Martinez: That looks like it’s some sort of vein-y action going on— veins or something. Is that what that is, or is that something else?

Kevin Horn: We term that ‘marbling,’ and it’s a decompositional change. It’s bacterial action in the small veins under the surface of the skin.

Juan Martinez: How about right here in the middle of his stomach?

Kevin Horn: That is what we call ‘skin slippage.’ It’s also decompositional.

Juan Martinez: One of the things that appears to be there, and that may not be so, but it appears that it’s the body is a little bit bloated. Do you see that?

Kevin Horn: Yes.

Juan Martinez: Again, is that something that’s associated with decomposition, or is that really how he was in life?

Kevin Horn: I do believe he does have a bit of bloating. He may have been a slightly heavy-set person in life, but there is some bloating, and that’s from bacterial gas formation after death.

Juan Martinez: Let’s take a look at Exhibit 185. On the shoulder there, do you see that?

Kevin Horn: Yes.

Juan Martinez: Is that an injury there?

Kevin Horn: Yes.

Juan Martinez: How big is that injury in terms of inches? I know we have the metric scale there, but how big is that? It’s on the right shoulder.

Kevin Horn: Just looking at the photograph, you do have an English and a metric scale on the same side. So it’s about— each of them— the largest of them is about an inch.

Juan Martinez: Is this a deep sort of cut, or is this sort of a grazing kind of cut?

Kevin Horn: Very superficial, a grazing injury.

Juan Martinez: But it would bleed, correct?

Kevin Horn: Yes.

Juan Martinez: And, how about this one right here, that we’re looking at right there? This is—

Kevin Horn: That is characterized as a stab wound, so it’s actually a deeper wound. But it actually terminates at the breast bone, it doesn’t go into the chest cavity.

Juan Martinez: So, as it was going in, it actually hit the breast bone and did not go any further, correct?

Kevin Horn: Right, yes.

Juan Martinez: Would this wound have been fatal, whether immediately, or rapidly, or alternatively longer term?

Kevin Horn: Not in and of itself, no.

Juan Martinez: But, it would bleed, correct?

Kevin Horn: Yes.

Juan Martinez: We then go to the one right here. First of all, how big is that one?

Kevin Horn: Just in looking at the scale, it’s about 2 ½ inches in length. It’s transverse across the chest, or extending horizontally across the chest, and it’s also— it’s a deeply incised wound, so the blade is going below the skin, but it’s not entering the chest cavity either.

Juan Martinez: You used the term ‘incised,’ that I don’t think you used before.

Kevin Horn: Yes.

Juan Martinez: What do— how do you define ‘incised?’

Kevin Horn: Well, sharp force injuries are usually divided into stab wounds and incised wounds. So a stab wound is deeper than it is long on the surface of the skin, and the incised wound is just the opposite. So if you take a—

Juan Martinez: So it’s longer than it is deep?

Kevin Horn: Yes. If you take a razor and cut yourself on the skin, that’s an incised wound. But if you stab yourself with a knife, then that’s— that’s a deeper wound.

Juan Martinez: And, this one right here, which is sort of below the chin and down here to the— sort of the median. Can you tell me a little bit about that in terms of whether or not this is a stab wound, whether or not this is an incised wound? Can you tell me about that?

Kevin Horn: It’s a stab wound, and I do think we do have better views of it, but that one actually penetrates a major vessel coming into the heart.

Juan Martinez: Let me— let me show you then Exhibit 186. Is that the better view of it?

Kevin Horn: Yes.

Juan Martinez: You said something about it going into the vessel of the heart. Why don’t you explain to us a little bit about what the heart is and whether or not, when you said, that it stabbed the vessel of the heart, whether it actually hit the heart, whether it hit the— the pericardium is what surrounds the heart, right?

Kevin Horn: The sac around the heart, yes.

Juan Martinez: The sac— whether it hit that. If you could just sort of explain that one to us.

Kevin Horn: But I do want to clarify first on the photograph that it’s the lower of the two wounds there. So not the one next to the scale, but the one below it is the one that goes into the vessel. What this actually does is it goes through the cartilage. Between the ribs and breastbone there’s some softer cartilage, especially in young people, and this knife has penetrated that cartilage and gone through the sac that surrounds the heart, which is the pericardial sac, and it has perforated, or passed through, the superior vena cava, which is a major vein that comes down from the upper body and the head and drains into the heart, and then from there, the heart beats and pushes the blood elsewhere in the body. But it’s a— it’s a major vessel.

Juan Martinez: With regard to that major vessel, and I was talking about the tissue that encases the heart, is that vein inside that tissue that encases the heart? Or is outside? On top of it? Where would it be?

Kevin Horn: It starts out outside and enters the sac, and then enters the heart, which is fully within that sac.

Juan Martinez: And, this knife wound, did it penetrate the sac and hit this vein or not?

Kevin Horn: Yes.

Juan Martinez: So what happens when a sta— or when a knife goes in and- and causes this amount of damage, or this type of damage?

Kevin Horn: Well, depending on the position of the body, you may have significant internal bleeding, or if the person is leaning forward, they may bleed outside of the body because there is a track leading from that vessel outside. But this is major vessel. It’s not going to bleed as fast as an artery, but it will bleed a considerable amount.

Juan Martinez: With regard to this considerable amount of bleeding that’s going on, is this a wound that could kill this person?

Kevin Horn: Yes.

Juan Martinez: And do you have an estimate, or is there any science out there that tells you, well this type of wound, given what I know about it, would take ‘x’ amount of time?

Kevin Horn: No. It depends on so many factors. It depends on the person’s health, it depends on care that they received, it depends on their blood volume to begin with, and the position of their body.

Juan Martinez: Also, with regard to a situation like that, what if we have a person who’s asleep, relaxed, versus an individual who’s animated, jumping up and running around? Does that affect the amount of blood that is being lost and how quickly the blood is being lost?

Kevin Horn: Yes. A person in action is going to have a rapidly beating heart and they will lose blood more quickly.

Juan Martinez: And, other than the blood coming out from here, we know that these others have bled also, correct? This one above, and this one—

Kevin Horn: Yes.

Juan Martinez: Would any of these injuries— would— and, for the example, this one, would— what we associate with television, would blood come out of the mouth, the ears, or just out of the chest area?

Kevin Horn: It depends on what’s hit inside the body. If the lung was nicked, which is possible in this case because we’re dealing with a decomposed body, so the- the- the organs aren’t as pristine, they’re not as— they don’t lend themselves to examination as in a fresh individual. But if the blood— if the lung is nicked, they can cough up blood. If you have blood going into the throat area, and he does have, you know, throat injuries as well, which we’ll talk about, all of those can cause coughing up of blood or loss of blood out of the mouth and the nose.

Juan Martinez: There is death and then there is also unconsciousness, correct? Those are two different things, right?

Kevin Horn: Yes.

Juan Martinez: With regard to this particular wound that’s here at the bottom, is that something that would— once it’s inflicted, would that cause Mr. Alexander to lapse into unconsciousness?

Kevin Horn: Eventually, yes. Not immediately.

Juan Martinez: When you say ‘eventually,’ do you have an estimate, maybe minute, seconds, between the time of infliction and the time that he would lapse into unconsciousness?

Kevin Horn: If that were the only wound, and it’s not, probably a few minutes, because we’re dealing with a vein and not an artery, so it’s a lower-pressure system, so blood loss is slower.

Juan Martinez: And how about, if you take a look at that injury in connection with the things that we’ve seen with regard to his hands, the defensive wounds that we’ve talked about, does that tell you— or at least in terms of time, does that indicate whether or not there was at least enough time for Mr. Alexander to attempt to defend himself and then get these other wounds to the hand?

Kevin Horn: With this wound to the heart, he should have been able to get his hands up and attempt to defend himself.

Juan Martinez: If he was in a seated position when this wound was inflicted, would he have the ability, even though this was inflicted, to get up and walk somewhere, or move quickly somewhere as a matter of fact?

Kevin Horn: Yes.

Juan Martinez: Exhibit #187 shows us the injury to the right shoulder. Do you see that?

Kevin Horn: Yes.

Juan Martinez: It looks more like a scratch, doesn’t it?

Kevin Horn: It’s very superficial, yes.

Juan Martinez: Do any of these injuries, including the one to Exhibit 186— in Exhibit 186, do any of these speak to movement, or anything like that, or is just that’s not something that these photographs show?

Kevin Horn: Since they’re on multiple parts of the body, they imply a motion of the assailant, or a motion of the decedent, and I can’t say which of those is the case.

Juan Martinez: Alright. Exhibit 184, we do have the lower portion of his body, correct?

Kevin Horn: The lower part of the abdomen.

Juan Martinez: Right. And we have this injury here, right?

Kevin Horn: Yes.

Juan Martinez: And then we have these, right?

Kevin Horn: Yes.

Juan Martinez: If we go to Exhibit 188, is that a close-up of them?

Kevin Horn: Yes.

Juan Martinez: What are these down here to the— as we look at it, to the lower part of his bellybutton?

Kevin Horn: There’s another photograph which may not be entered into evidence, but there’s a wound track that extends across the front of the belly from where this tab enters. So some of that, what you’re seeing is blood appearing on the surface of the skin because of this track where the stab wound went is very close to the surface of the skin.

Juan Martinez: So what I think you’re saying with regard to this stab wound is that it went something like that.

Kevin Horn: Yes.

Juan Martinez: And so, if we do that from the opening to the longest one, how- how- how far is that?

Kevin Horn: I gave a maximum wound track depth of about 5 and ¾ inches.

Jennifer Willmott: Your Honor, if Dr. Horn is referring to his report, could we have that marked, please?

Juan Martinez: I have the report, so you want to mark yours or do you want to mark another one?

Kevin Horn: It’s the same report, so…

Jennifer Willmott: I think we have one marked.

Juan Martinez: (Inaudible). And I guess from now on, if you want to refer to the report, if you don’t mind looking Exhibit 277 and (inaudible). We were talking about the length of this one, and this one is— I think you said 5 and ¾?

Kevin Horn: Yes.

Juan Martinez: What is the angle of that?

Kevin Horn: It’s across the body from left to right and slightly downwards.

Juan Martinez: So it’s sort of came, sort of from the side right here, correct?

Kevin Horn: Yes.

Juan Martinez: And, was he alive at the time that this happened, or was he deceased at that time?

Kevin Horn: More likely than not, alive, since there is bleeding associated with the wound.

Juan Martinez: And you’re talking about this down here, the bruising that’s down here, correct?

Kevin Horn: Yes.

Juan Martinez: Is this area and the bellybutton, is that also associated with a stab wound?

Kevin Horn: Yes, it’s going across the navel.

Juan Martinez: Exhibit 189, we’re now looking at the lower portion of his body, right?

Kevin Horn: Yes.

Juan Martinez: And, not to be indelicate, was there any decomposition in the testicular area, that sort of part of his body?

Kevin Horn: Yeah, it’s usual to see some drying there and some early mummification, and that is present, yes.

Juan Martinez: Alright. And— let’s start with the right leg. What are we looking at there?

Kevin Horn: Apart from some decomposition changes, he also has some contusions or bruises on the shin area.

Juan Martinez: Right- right here? Is that correct?

Kevin Horn: On the right shin, yes.

Juan Martinez: Let’s take a look at 191, does that show it better?

Kevin Horn: Yes.

Juan Martinez: And the question is- is the same. Was— were these injuries here, were these inflicted at the time of death, before death, after death, can you tell?

Kevin Horn: I believe they were infli— inflicted before death.

Juan Martinez: Would these be consistent with this individual being dragged somewhere while he was alive?

Jennifer Willmott: Objection: foundation. Speculation.

The Court: Sustained.

Juan Martinez: You’re famil— you’ve done, how many autopsies, sir?

Kevin Horn: About 6,000.

Juan Martinez: And during that time, have you seen and studied the situation where someone is dragged before death? Have you seen that situation before?

Kevin Horn: Yes.

Juan Martinez: How many times would you say?

Kevin Horn: At least three or four times.

Juan Martinez: And, looking at that along with— and have you read up on this area? Is there any lit—

Kevin Horn: Not recently, no.

Juan Martinez: Given what you know and what you’ve seen in your work, and you said that these injuries are before death, could that be consistent with someone being dragged?

Jennifer Willmott: Same objection, Your Honor.

The Court: Approach.

(SIDEBAR)

The Court: You may continue.

Juan Martinez: Could those be consistent with somebody being— dragging him along, or him being dragged?

Kevin Horn: Usually what you see in a dragging is you’ll see more drawn-out abrasions. These look more like impacts to me against something. Bruising is usually from stumbling against something or being forced against something.

Juan Martinez: So, in other words, these are consistent— more consistent in your view with him hitting something before death.

Kevin Horn: Yes, or something hitting him.

Juan Martinez: How about if we then go to Exhibit 190 in which he— this is the right heel or left heel?

Kevin Horn: That is the left heel.

Juan Martinez: And, what do we have here in the back of the left heel?

Kevin Horn: I call them ‘abraded lacerations.’ So, a laceration as opposed to an incised wound is actually a tearing of the skin rather than a cutting, and it’s abraded, so there’s an abrasion or a scrape leading into the laceration, and that is also from a contact with an object of some kind.

Juan Martinez: And again, were these made before or after his death?

Kevin Horn: I believe before because they are hemorrhagic.

Juan Martinez: And you said ‘hemorrhagic.’ That means they were bleeding, right?

Kevin Horn: Bleeding into them, yes.

Juan Martinez: But these do imply some sort of action, correct? I mean, there was movement.

Kevin Horn: A force, yes, a blunt force.

Juan Martinez: To go back to this exhibit, which is 191, and looking at the left foot, you see this right here? That area there by the heel?

Kevin Horn: Yes.

Juan Martinez: What is that?

Kevin Horn: That is a contusion or a bruise.

Juan Martinez: So that’s also— how is that different than the abrasion that we talked about?

Kevin Horn: A contusion or a bruise is just bleeding under the skin, the skin is intact. Whereas an abrasion or a laceration, the skin is scraped or torn.

Juan Martinez: And if we looked at a he— at the knee here, is that a contusion or an abrasion?

Kevin Horn: I would characterize that as an abrasion, and in contrast to the other things we’ve been talking about I’d say that looks more like a post-mortem change. It’s got some drying and it’s kind of a yellowish in color, so it really doesn’t look like an antemortem, or an injury before death.

Juan Martinez: So this could be something after death?

Kevin Horn: Yes.

Juan Martinez: And, if an individ— I know it begs the question, but if an individual is dead, they’re not going to be moving around to cause this, right?

Kevin Horn: No.

Juan Martinez: Are you then telling me that actually a force was applied to this area as opposed to Mr. Alexander either moving or- or striking himself?

Kevin Horn: That’s more likely, yes.

Juan Martinez: Let’s take a look at Exhibit #192 through 199. Are those photographs of the victims injuries in the back area of his body when you conducted the examination in June of 2008?

Kevin Horn: Yes, and also some images of the head as well.

Juan Martinez: But the back part of the head, correct?

Kevin Horn: Yes.

Juan Martinez: I move for the admission of Exhibits 192 through 199.

Jennifer Willmott: No- no objection, Judge.

The Court: Exhibits 192 through 199 are admitted.

Juan Martinez: Let’s take a look at Exhibit 192. And the injuries that jump out at us are these right here. Are you familiar with the term ‘grouping?’

Kevin Horn: Yes.

Juan Martinez: Is this a grouping of injuries?

Kevin Horn: Yes.

Juan Martinez: And what does that mean to you?

Kevin Horn: Well, more likely than not they occurred close in time, and a lot of them— most of them, have the same orientation.

Juan Martinez: When you say that “they have the same orientation,” what does that mean? And I’ll show you Exhibit #193. What do we mean about the same orientation?

Kevin Horn: In general, except for one exception that I can see at the lower edge, they’re all oriented the exactly same direction.

Juan Martinez: And what direction is that?

Kevin Horn: They’re in a diagonal extending from the right shoulder towards the lower-left side of the back.

Juan Martinez: So if these were inflicted like this.

Kevin Horn: Yes.

Juan Martinez: And with one exception, which exception is that?

Kevin Horn: On the lower there’s a pair of wounds, it appears that there’s one that’s sort of going the other direction, the other diagonal.

Juan Martinez: And these injuries that we’re talking about that are coming this way like that, would they— could they be consistent with the individual having his back, as I have it to you, turned to his attacker, and the attacker just stabbing him like that.

Kevin Horn: Yes.

Juan Martinez: How many are there here, starting with this one here cutting across to the other shoulder, sort of in a triangular fashion, if you will. How many stab wou— how many injuries do we have there?

Kevin Horn: We have nine injuries, and they’re all clustered together there in the center. What you’re seeing on the upper-left side is actually post-mortem artifact. There is some skin slippage there and some drying—

Juan Martinez: Is that what we’re talking about there, or?

Kevin Horn: Yes.

Juan Martinez: And this one right—

Kevin Horn: All of this area here where your pen is.

Juan Martinez: And also right here, I believe, correct?

Kevin Horn: Yes.

Juan Martinez: And, you said that there were how many? Nine?

Kevin Horn: Nine.

Juan Martinez: Are these stab wounds, or are they incised wounds? Which is the term?

Kevin Horn: They are stab wounds.

Juan Martinez: So, which means that they’re deeper than they are longer, correct?

Kevin Horn: Yes.

Juan Martinez: How deep is the deepest one there?

Kevin Horn: They’re all about the same depth. They’re about an inch deep, and they’re going into the back parts of the ribs and the spine, the spinal bone, and stopping there. And none of them, to my exam, none of them entered the chest cavity, although with the decomposition, you can’t completely rule that out.

Juan Martinez: When you say that they went up to the— to these bones, does it mean— does that— that they stopped there, or did the knife blade continue past the bone? Do we know that, or does decomposition affect that?

Kevin Horn: They appear to all have been stopped by the bones.

Juan Martinez: And, that does speak a little bit to the pressure that’s being applied to them, right? That they didn’t go through the bone, right?

Kevin Horn: It depends on the force of the assailant and also the type of weapon that’s used.

Juan Martinez: And, if you know, maybe you do, maybe you don’t, do you know approximately how much force there was that was applied there or not?

Kevin Horn: I couldn’t say. It would depend on the thickness of his bones as well, so there are a lot of variables.

Juan Martinez: But needless, they didn’t go through the bone, right?

Kevin Horn: Correct.

Juan Martinez: This area here, which is his buttock area, correct?

Kevin Horn: Yes.

Juan Martinez: What’s going on there? It just looks like it’s a little bit red. Could you tell us what’s going on there?

Kevin Horn: That’s lividity. So, this person was found in a semi-seated position, and the blood had settled to that part. So when the body— when the heart stops beating, the blood will settle to wherever gravity will guide it. And so in this case, since he’s in a semi-seated position, most of the blood is going to the buttock area, and that’s why it’s kind of got this reddish color.

Juan Martinez: As part of the decomposition process, does that include gases being inside the body being formed and then expelled? Is that part of the decomposition process?

Kevin Horn: Yes.

Juan Martinez: So for example, in this case if we had— which we do, a wound here to the neck, would it be consistent with the decomposition process to have the gases sort of be expelled through that area such that liquid or fluid maybe come out with the gases? Is that something that could happen?

Kevin Horn: Yes, that’s usual.

Juan Martinez: Let’s take a look at 194, and I want to look at the right foot. Do you see that right there? That area there, and perhaps this area here? Are those bruises, or is that just maybe blood or discoloration?

Kevin Horn: It’s discoloration and also mummification of the sole of the foot, extending up onto the side of the foot.

Juan Martinez: And the left foot, we’ve— do you see that right there, I’m going to move it up, the knee area? You see that? And, is that the one that we talked about that was probably post-mortem, or is that a different one?

Kevin Horn: That was on the other side, but again, that has the same sort of appearance. It’s not the best view, but it looks like it dried almost like a parchment-like appearance, and that’s something that we see with a- after death.

Juan Martinez: And the left foot has the abrasion, I think you called it.

Kevin Horn: There’s a contusion on the ankle area, and then also that abraded area of laceration on the Achilles tendon.

Juan Martinez: Let’s look at Exhibit 193 again, and we’ve talked about this grouping. And we see the head and the neck. Let’s take a closer look at that in Exhibit 195. What are we looking at there?

Kevin Horn: This is, after I have inspected the back of the head, I’ve shaved some of the hair away to better show the injuries. And what you have here are deep incised wounds, so they’re longer than they are deep. But they are very deep; they’re going all the way to the skull. And there’s two of them on the back of the scalp.

Juan Martinez: Given the way you described it, and it may have been something that I was reading into it, but it appears that you— the way you described it, that it was some force that was applied to these particular wounds to get to where they got.

Kevin Horn: Well, if you have a very sharp blade, it actually wouldn’t take very much force at all to cut the tissue very deeply. All it is is just connective tissue that forms the scalp. Now, to go through the bone, that would consi— that would be a lot more force that would be needed.

Juan Martinez: And, this one right here. How long is that one?

Kevin Horn: I have it as 2 inches on the autopsy report.

Juan Martinez: And the one above it?

Kevin Horn: 2 inches as well.

Juan Martinez: The fact that the hair is there, does that affect the strength needed to get into the— or get this sort of injury, or is that just something that the hair really is not something that you deal with or think about?

Kevin Horn: His hair is very short. I mean, if he had longer, bushier hair, it might cushion the head somewhat or protect the head. But in this case he’s got short hair, so I don’t think it played a role.

Juan Martinez: Taking a look at Exhibit 198, what are we looking at there?

Kevin Horn: What you actually see here are the edges, it’s only one portion of those incised wounds we saw. There was some force applied that was sufficient to cause a divot in the skull bone. So this is actually after the skull— the scalp has been reflected away from the skull, and what you’re seeing here is actually a divot in the center of the skull. And then over on the left side you see another one, and there’s hemorrhage around those. So the bone was actually sort of chipped away by the end of the implement there.

Juan Martinez: If we take a look at Exhibit 199, what are we looking at there?

Kevin Horn: This, to me, is the tip of a— of an implement, probably the tip of a knife or something similar, because it has this very triangular profile. This is the bone, and the piece of bone has actually been chipped away by the end of the object.

Juan Martinez: If we go back to Exhibit #195, what this divot in Exhibit 199, where was it as it assos— as it applies to these two?

Kevin Horn: Right. There’s one at the extreme left end of the longer wound at the bottom—

Juan Martinez: Right here?

Kevin Horn: —and then one towards the middle of the top wound.

Juan Martinez: Right here?

Kevin Horn: Yes.

Juan Martinez: So we’re looking at there and we’re looking at there. When we look at Exhibit 198, you’re looking at here and here.

Kevin Horn: Yes.

Juan Martinez: Exhibit 196. We’ll focus on the area that’s down here to the bottom and, also to the front, if you will, of the head. Take a look at Exhibit 197. In terms of these two injuries that we saw back there, where is this one now?

Kevin Horn: This one’s actually towards the front of the head. So you’re looking at the top of the head near the hairline on the forehead. And the very bottom you’ll see Mr. Alexander’s eyebrow, his left eyebrow. So this is a small incised wound at the forehead, near the hairline on the—

Juan Martinez: And, any of these wounds that we’ve been talking about, the ones with the sharp instrument, are they— any of those after death, or all they are pre-death?

Kevin Horn: In think they’re all pre-death. They all have bleeding associated with them.

Juan Martinez: Let’s take a look at Exhibits 200 and 201. What are we looking at there?

Kevin Horn: The right side of Mr. Alexander’s neck behind the ear.

Juan Martinez: And these were also were taken at the time of your examination.

Kevin Horn: Yes.

Juan Martinez: I move for the admission of Exhibits 200 and 201.

Jennifer Willmott: No objection.

The Court: 200 and 201 are admitted.

Juan Martinez: Of all these injuries that we’ve taken a look at so far, how many of those have been the type that would have been fatal, of all the ones that we’ve looked at so far: the head, the back, and then the one to the front?

Kevin Horn: Taken together, all of the wounds at the back and the head could have been fatal from bleeding over time. The most significant wounds are going to be the neck wound, which we haven’t talked about yet, the stab wound that penetrates the heart, the vein leading into the heart, and then also the gunshot wound, which we also haven’t discussed.

Juan Martinez: Alright, let’s take a look at Exhibit 200. And, what are we looking at here?

Kevin Horn: This is another stab wound of the back part of the skull, behind the ear, so there’s bone underneath there. It goes down into that boney area and also goes into the muscle, the strap muscle that is on the side of the head, below the ear.

Juan Martinez: And we’re looking at 201. How big is that one?

Kevin Horn: 1 and ¼ inch.

Juan Martinez: Exhibit #202, what are we looking at there?

Kevin Horn: That is the back opposite side of the neck, and the left side of the neck, and that’s another stab wound.

Juan Martinez: I move for the admission of Exhibit 202.

Jennifer Willmott: No objection.

The Court: Exhibit 202 is admitted.

Juan Martinez: What do we see here?

Kevin Horn: That’s another stab wound to the back-left side of the neck, and that also penetrates into muscle on the back of the neck.

Juan Martinez: And how long is that one?

Kevin Horn: 1 inch.

Juan Martinez: Take a look at Exhibits 203 through 206. And what do they portray?

Kevin Horn: The largest wound to the neck across the throat.

Juan Martinez: I move for the admission of Exhibits 203 through 206.

The Court: Any objection?

Jennifer Willmott: No objection.

The Court: Exhibits 203 through 206 are admitted.

Juan Martinez: Sir, when we’re looking at these kinds of wounds like the ones on the neck, are you able to tell, for example, if it started on the left side, or the right side? Do you know, by looking at these, where the wound may have started, or not?

Kevin Horn: I’m not able to say.

Juan Martinez: Let’s take a look at 203. Okay, what are we looking at? I guess we’ll do it this way. What are we looking at here?

Kevin Horn: It’s a side view of the neck wound, and it’s probably one of the better views to show how deep it goes.

Juan Martinez: And how deep is this wound? What is it that was cut as this knife came through there?

Kevin Horn: I’m going to refer to my autopsy report. It passes through the airway, so the windpipe is cut through.

Juan Martinez: Let me stop you there. When it passes through the airway, does this individual, as it’s going through there, lose— lose the ability to scream at that point, or not?

Kevin Horn: It’s below the larynx, below the voice box, so yes.

Juan Martinez: And, if this person— well, this person’s alive at this point according to you, right? He was still alive at the time this was inflicted.

Kevin Horn: Yes, yes.

Juan Martinez: Would the— where would the blood start coming out as a result of this wound here?

Kevin Horn: Well, right next to the windpipe are the major vessels of the neck. So you’ve got the carotid artery, you’ve got the jugular vein, and on the right side— not the left, but on the right side—

Juan Martinez: Okay, let’s take a look at Exhibit #204. That’s the right side, correct?

Kevin Horn: Yes. And you’re not going to be able to see it in this picture to any great advantage, but my examination did show that the jugular vein and the carotid artery on the right side were both cut.

Juan Martinez: And, looking at this, how deep is this wound that we have here?

Kevin Horn: It goes all the way back to the spine, so it’s 3 inches, 4 inches.

Juan Martinez: And, if a person were to have the spine cut off, is that where the feeling stops and they don’t feel anything, or?

Kevin Horn: Yeah, it doesn’t go through the spinal cord, so it doesn’t penetrate that bone. So it’s actually the soft tissue and structures at the front of the neck, and then stops at the bone.

Juan Martinez: Exhibit 205, what are we looking at here?

Kevin Horn: And this is a frontal view of the same wound.

Juan Martinez: In looking at this, do you see how it’s— my term, scalloped?

Kevin Horn: Yes. There’s some irregularity, and a lot of that is due to the drying of the wound that’s happened after death. If you inspect the edges of the wound, it is actually a cleanly incised wound, and it has retracted a bit and gotten a bit larger after death because the tissue has dried and retracted away.

Juan Martinez: Are you familiar with the term ‘hesitation marks?’

Kevin Horn: Yes.

Juan Martinez: Are there— and what are hesitation marks?

Kevin Horn: Very occasionally, we’ll get suicides like this. We’ll get people who cut their own throat. And it’s very unusual for them to just cut their throat. They will do shallow cuts, and they’ll sort of do test cuts, and then they’ll do a deep cut. So we call those little smaller cuts, ‘hesitation marks,’ and we don’t see anything like that here.

Juan Martinez: Exhibit 206, what are you doing here?

Kevin Horn: I’m trying to show the profile of the wound a bit better, put the wound together so we have sort of an idea of what the wound looked like before it separated.

Juan Martinez: And, see this right here? Is that— is that an indication of where it started, or you can’t tell where it started?

Kevin Horn: I can’t say whether it started on the right or the left, but it’s across the neck.

Juan Martinez: Once this was inflicted, what kind of wound is this? We’ve talked about the one that’s in the chest, and you said, well, that’s not immediately fatal and the person would be conscious. Once this was inflicted on Mr. Alexander, is this something that’s, number one, rapidly fatal, and number two, what about lapsing into unconsciousness? If you could talk to us about those two aspects.

Kevin Horn: Well, he has two major vessels in his throat that have been cut. He’s going to lose a great deal of blood very quickly. He’s going to lose consciousness within seconds, likely, and then die a few minutes later.

Juan Martinez: So, if an individual received this wound, would it be— would he be able to get up and walk, let’s say, 12 feet 6 inches somewhere?

Kevin Horn: Yes.

Juan Martinez: He could do that?

Kevin Horn: He could get up and walk a couple of feet. That’s possible, he could move. Yes.

Juan Martinez: And then he would?

Kevin Horn: Collapse.

Juan Martinez: And, in terms of unconsciousness, so how much time are we talking about?

Kevin Horn: A few seconds, probably.

Juan Martinez: And death? How long would it take for this person to die if this was the only injury?

Kevin Horn: If this was the only injury, again, probably a few minutes.

Juan Martinez: In this case though, you’ve seen that there were other injuries, and you also alluded to the fact that there was a gunshot wound, right?

Kevin Horn: Yes.

Juan Martinez: Let’s take a look at Exhibits 207 to 210. And, what do those deal with?

Kevin Horn: They show the gunshot wound of Mr. Alexander’s right forehead.

Juan Martinez: And we also have the bullet. Did you recover it?

Kevin Horn: Yes.

Juan Martinez: I move for the admission of Exhibits #207 through 210.

Jennifer Willmott: No objection.

The Court: Exhibits 207 through 210 are admitted.

Juan Martinez: Exhibit 207. What is this right here?

Kevin Horn: That’s a gunshot entrance wound.

Juan Martinez: And, what’s the trajectory of this gunshot wound?

Kevin Horn: It passes down through the skull, passes through the face, and downward and to the left, and terminates in the left cheek.

Juan Martinez: In looking at this, are you able to tell or give us a determination as to the distance between the muzzle and his temple?

Kevin Horn: I’m not. I called it an ‘indeterminate range.’ I don’t have sooting, I don’t have stippling, any of the indicators of a range of fire here.

Juan Martinez: So we really can’t tell how far away it was.

Kevin Horn: That’s right.

Juan Martinez: And, 208 just shows us that same injury with the ruler next to it, right?

Kevin Horn: Yes.

Juan Martinez: Exhibit 209, what do we see there?

Kevin Horn: That is the left cheek, and I’ve made an incision and removed the bullet here.

Juan Martinez: This bullet, and the trajectory that you’ve described, did it affect the brain at all? In other words, did it strike the brain, or not?

Kevin Horn: It must have. It passed through the front-right portion of the skull. The problem in this case is that the brain was decomposed, and the brain is a very soft structure to begin with, so it falls apart very rapidly after death. So I was not able to see a track through the brain, but just because the- the bullet passes through the front part of the skull where the brain normally would be, I have to conclude that the brain was perforated.

Juan Martinez: And if the brain is perforated, what would happen to this individual once he was shot?

Kevin Horn: He’d be incapacitated.

Juan Martinez: Went down?

Kevin Horn: Yes.

Juan Martinez: Immediately?

Kevin Horn: Rapidly, yes.

Juan Martinez: Exhibit 210 is what?

Kevin Horn: That’s the bullet after recovery.

Juan Martinez: Let me show you Exhibit 244. If you want, go ahead and open it. (Inaudible).

Kevin Horn: Do I need to view it, or you’d prefer that I did?

Juan Martinez: Yeah. Let me go ahead and get you some scissors.

Kevin Horn: This is the evidence canister, which would be containing that projectile that was recovered, and those are my initials.

Juan Martinez: Alright, if you don’t mind putting it back. I move for the admission of Exhibit 244.

Jennifer Willmott: No objection.

The Court: 244 is admitted.

Juan Martinez: So, how did Mr. Alexander die? What was the mechanism of death? In other words, how did he die?

Kevin Horn: Primarily, blood loss.

Juan Martinez: And, tell me how that works on the body in terms of the blood loss and what that does to the individual as he dies?

Kevin Horn: Well, after you lose blood, you lose the ability to provide oxygen to your major organs, including your brain and your heart. In this case, the first thing that would happen would be dizziness, followed by a loss of consciousness, and then death.

Juan Martinez: In this particular case, you’ve indicated that there are three specific injuries that could have led to death. We’ve talked about the stab wound in the chest. We’ve talked about the slitting of the throat. And then we’ve talked about the shot to the head. With regard to the shot to the head, would that have been rapidly fatal?

Kevin Horn: It likely would have been, yes.

Juan Martinez: And by ‘rapidly fatal,’ what are we talking about?

Kevin Horn: Well, if you have a projectile going through the front part of the brain, the person may not die immediately, but they’ll probably lose the ability to function normally. They’ll lose consciousness and they’ll be laying on the floor.

Juan Martinez: Short— in short— very short order.

Kevin Horn: Yes.

Juan Martinez: In other words, shot, and then they go down.

Kevin Horn: Yes.

Juan Martinez: How about the slashing to the throat, in terms of whether or not it’s rapidly fatal or not?

Kevin Horn: I think, by far, it’s the most significant injury and would have been—

Juan Martinez: And why do you say that?

Kevin Horn: Well, it’s just the most hemorrhagic injury. It’s the one that I can demonstrate the most significant injury to the structures that are going to cause death, like the corroded artery, the windpipe, and the jugular vein.

Juan Martinez: And then the one to the heart, is that— and I think we’ve talked about it, but in terms of rapidly fatal, less- less fatal, which of these, if we’re going to apply that standard as to which are the most fatal, how about the one to the chest? Is that the most fatal or the least fatal? Which may not be the—

Kevin Horn: Probably the middle. It’s a significant injury. It would definitely cause death without medical attention.

Juan Martinez: And would that cause unconsciousness immediately?

Kevin Horn: Yes— or not immediately. Not the chest wound, no.

Juan Martinez: From what I am hearing you say, of the three that we’ve talked about, two of them, the one of the neck and the one to— the gunshot to the head, those appear, from what I hear you saying, that those would cause unconsciousness quickly.

Kevin Horn: Immediate.

Juan Martinez: Immediate.

Kevin Horn: Yes.

Juan Martinez: And the one to the chest would not?

Kevin Horn: Less likely.

Juan Martinez: So, if that’s the scenario, and in this case, we have the defensive wounds to the hands, what does that tell you about the sequencing of these three injuries?

Kevin Horn: I believe the wounds to the hands must have occurred before the fatal injuries, either of the head or of the throat.

Juan Martinez: And so what you’re saying is that at some point during the stabbing, but before the slashing of the throat, and before the gunshot to the head, this individual grabbed the knife—

Kevin Horn: Or attempted to.

Juan Martinez: Or the knife was applied.

Jennifer Willmott: Objection: leading.

The Court: Rephrase.

Juan Martinez: Tell me about the sequencing of events as it applies to the two injuries, one to the head and the slitting of the throat, and when this individual may have grabbed the knife, or the knife was applied to his hands.

Kevin Horn: With the throat wound and the head wound, I don’t think this person could have had a purposeful activity, meaning I don’t think they could have raised their arms and attempted to defend themselves. With the chest wound, that’s possible, because he would not have been immediately unconscious.

Juan Martinez: In terms, then, between the other two— so that would mean than that, it would appear that, in your opinion, the first wound would have been the one to the chest?

Jennifer Willmott: Objection: leading.

The Court: Rephrase.

Juan Martinez: Which wound would have been first in your opinion?

Kevin Horn: Well, the stab wound could have occurred, and then the defensive injuries could have happened after the wound to the chest occurred.

Juan Martinez: Right, okay. And then, in terms of the sequence of the injuries involving the three major ones that we talked about, what is your opinion?

Kevin Horn: Well the throat injuries, and/or the head wound are going to be immediately incapacitating and he’s not going to attempt to defend himself after that.

Juan Martinez: Okay. In terms of the shot to the head, do you have an opinion as to whether or not he was alive at the time that that shot was struck?

Kevin Horn: I can’t say.

Juan Martinez: Do you have an opinion as to the wound to the neck, whether or not he was alive at the time that that was rendered, if you will.

Kevin Horn: I believe he was. There is a great deal of hemorrhage associated with that.

Juan Martinez: And was he alive with regard to the one to the chest that we’ve been talking about?

Kevin Horn: Yes, I believe he was.

Juan Martinez: Can you tell with regard to the gunshot wound to the right temple, whether or not he was alive or not at that point?

Kevin Horn: Again, there’s a wound going through the head, and I don’t see hemorrhage in the brain, I can’t see a wound track through the brain, so all I know is that there’s a bullet going through the brain. So I can’t say with certainty.

Juan Martinez: And if we don’t see hemorrhaging, or bleeding, as you talked about, is that an indication that the person was already dead?

Kevin Horn: He may have been, yes.

Juan Martinez: I don’t have any other questions, thank you.

Advertisements