April 30, 2004

Update

Something is underway, but the webcast hasn't begun, and KBOO is talking over Schrunk's explanation of what will come during the afternoon, but finally stopped doing so.

First witness is Doctor Larry Lewman (not Loomis). He is a physician specializing in pathology and forensic pathology, works for state of Oregon.

Lewman first gives a summary -- a long one -- of his background and training and qualifications. Webcast has been reacquired.

Lewman performed the autopsy on Perez. Photos from that process are being proejcted onto the screen ni the courtroom and Lewman is stepping down to describe them.

He first explains what an autposy is, an examination of body after someone has died to determine cause of death and medical factors concerning the death. Outside examination, etc. Then removing all organs to examine those. Depending on nature of case some materials may be submitted to crime lab or toxicology lab.

Cause of death died of a gunshot wound to the heart.

First photo is of Perez, front-face view. Plastic bag between his teeth. Internal exam revealed another such bag, submitted to lab and found to be cocaine.

Second photo shows left pocket item, bag of marijuana. Next photo shows left pocket item, bag of crack. Next photo shows the bags from Perez' mouth, two bags of cocaine.

Next exhibit is photo of Perez body, side view, unclothes, depcting gunshot injuries. Three wounds to torso, all directed sharply from his left to the right. Schrunk warned this exhibit might be offensive to some. Lewman describes each of the three gunshot wounds.

Lewman also found (another photo) a single Taser dart with attached wire which did make a mark in his left arm.

Lewman does not have all of the reporrts back yet, but did have one, which said the substances were indeed marijuana and cocaine.

Level of cocaine? Measured in blood and urine, which were drawn, but that's a different laboratory, Lewman says.

Results of tox lab. Urine positive for coacine and marijuana. This is qualitative test, but doesn't say how much or when taken. Blood test negative except for very very high level of recently ingested cocaine.

They are looking at another exhibit as Lewman explains high level, fatal to vast majority of people. Cocaine is a drug people can develop tolerance levels. This level did not cause death, that was gunshot wounds. Lewman has certified deaths via cocaine at levels far less than this.

Recent use or long term use based on levels? Yes says Lewman, based upon metabolization in the body. Cocaine rapidly gets into the blood and is broken down as it gets to the liver. There isn't much of this for 15-20 minutes.

Indicator levels were so low, so this was taken within 15-20 minutes of his death. Ingested in some form.

Can this level affect human behavior? Absolutely, says Lewman. Coacin is a very potent central nervous system stimulator. Pulse and heart rate increases, effects on the brain. Stimulant. Can become totally irrational, can cause seizures.

Could this level have affected Perez' judgement. Certainly, Lewman says.

After gunshot, testimony reported jerking of Perez' body, testimony sayso only one Taser dart hit Perez. What was jerking motion? Gunshot woulds to the heart are not isntantly fatal, person can have fair amount of movement for several seconds to minutes.

Two types of cocaine, one in body and one in pocket. Could coaine have been planted in the mouth or bodily fluids? Lewman says he's never seen anyone plant it in the mouth but no way it can be planted in blood or urine.

Lewman explains autopsies on people who have swallowed drugs. Often peoiple will carry in mouth or swallow it to hide evidence when stopped by police. It can work its way through system and break loose and they can die.

Lewman says it's responsibility to determine cause and manner. Manner ruled "homocide," which is defined when death results form a volitional act by another person. Does not mean, for death certificate purposes, criminal intent.

Question: Was anything found in right front pocket other than 7 dollars? Lewman says a cigarette lighter was found in sweatshirt. Left pocket of pants had 11 dollars and drugs. Rear pants piocket had comb. Right front had 7 dollars.

Any items removed were any weapons found? No.

Bags in Perez' mouth, could some or all of the cocaine in his blood have come from those? It would take some time. Only source, he doesn't know.

Did you determine if he had swallowed the cocaine? There was no evidence he had swallowed. How far into his mouth were the bags? One was between his teeth, the other was deeper in mouth clenched between teeth.

Question from juror: Any way to test tolerance levels for cocaine, or habitual use? You can't measure tolerance, Lewman says. He says Perez was quite tolerant for cocaine because at this level normal people would not be functional.

Lewman doesn't know how one would measure a person's tolerance.

The second probe was on carseat, could there be any arcing that could have caused convulsions? No, says Lewman.

Did you do any work on trajectory of gunshots? Yes. Primarily left to right (in terms of Perez' body).

Question: When you rmeoved the bags were they deteriorated or open so cocaine could have entered his system? The one through the teeth Lewman tore as he got it out. The other one he left it intact, but it was not "obviously" torn.

Update

Next we're turning to witnesses who do not wish to testify in open court. The jury is being removed to that other room, where three witnesses will be interviewed and the audio will be piped into the courtroom. After this, a break will be taken, and things will reconvene around 3:00 PM or so.