The defense objected to State’s Attorney James Glasgow asking medical examiner Mary Case if Dr. Bryan Mitchell, who performed the original autopsy on Kathleen Savio in 2004, offered any manner of death.
Judge Edward Burmila ordered the jury out, and the defense argued that Mitchell was not authorized to determine anything more than cause of death.
Glasgow argued that Mitchell, who noted that Savio’s head wound may have been the result of a fall, did not say whether her death was accidental or otherwise. He wanted Case to testify that Mitchell's "unfortunate" and "half-baked" assumption would not meet the standard needed for manner of death.
Burmila said Case could say whether Mitchell listed a manner of death, but prosecutors could not ask whether she had an opinion about what Mitchell thought about how Savio died.
The jury was brought back in, and Glasgow complied with the judge's order, but the defense objected again within seconds and the jury was led out again.
The defense argued it's improper to lead the jury to believe Mitchell erred in not listing a manner of death, since at that time such determinations were made by a coroner's jury.
The trial is on a lunch break until 1:15 p.m
Stacy Dittrich, author of Murder Mountain, is on the Bill Carroll Show today at 12:50pm. Read more about Murder Mountain here.
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