Autopsy backlog shorter
The logjam isn't as bad as county officials thought but could worsen
By Jon Murray
Indianapolis Star
November 29, 2006
An autopsy backlog threatening to delay the prosecution of Marion
County homicide cases is half as long as officials thought.
Still, the logjam could worsen if private pathologists stop taking
new autopsies for the Marion County coroner by Friday so they can finish
current cases before their contract ends Dec. 19.
Coroner Kenneth Ackles denied Tuesday that his staff had been sluggish in processing finished autopsy reports needed by the Marion County prosecutor's office. On Monday, Prosecutor Carl Brizzi said 35 autopsies were overdue, while the lead partner in the pathology firm said the backlog could not be blamed on his company.
Both the prosecutor's office and Dr. Stephen Radentz revised those
comments Tuesday.
Brizzi's chief trial deputy, David Wyser, said Brizzi was not aware
when he spoke at a Criminal Justice Planning Council meeting that his
office had received some autopsies last week. Wyser provided an updated
list of 13 autopsies still needed from the coroner.
After Radentz checked, he said 12 autopsies had not yet been finalized by his staff. He attributed the delay to a wave of homicides in August and the departure in early September of one of three forensic pathologists.
Radentz said the other autopsy, of 28-year-old homicide victim Kino Day, was finished Nov. 13 and given to the coroner's staff. He knew of no court delays due to autopsies.
A typical homicide autopsy takes eight to 12 weeks. But turnaround has taken longer in the past year, Wyser said. Four of the 13 victims on the prosecutor's list died before September and fall outside that range.
Autopsies soon could grind to a halt. Ackles gave Radentz's firm, Forensic Pathology Associates of Indiana, a six-month notice in June that he was terminating its contract early. Ackles won't comment publicly on how he plans to solve the problem, though he has pledged no interruption.
Radentz says it makes no sense for his firm to start new autopsies after Thursday because the doctors wouldn't have time to finish them. The company's attorney still is negotiating a transition agreement with the city.
On Tuesday, Brizzi said having Radentz's firm continue taking new cases would be the lesser of two evils. A homicide case can't proceed until prosecutors can prove a victim's cause of death. Defense lawyers also need time to review the findings.
"We cannot have an interruption of services," Brizzi said. "We don't have any information (from Ackles), which is the most troubling thing."
Why autopsies are important
The Marion County prosecutor's office relies on autopsies conducted
by the coroner to buttress cases against homicide suspects.
• Process: A forensic pathologist examines the body and collects fluid and tissue samples to send for analysis. Results take several weeks.
The pathologists and staff also transcribe dictation from the exam and proofread the final report before sending it on to the coroner's staff. Coroner Kenneth Ackles then signs a death certificate and sends the autopsy to the prosecutor's office. The process averages eight to 12 weeks.
• In court: Prosecutors must be able to prove a person died of unnatural causes before they can try a suspect.
• Impact of delays: Defendants who ask for a speedy trial must be released from jail if prosecutors don't have the autopsy or other evidence ready in time. So far, that hasn't happened. If autopsies take longer, suspects spend more time at the jail, which could increase crowding.
Sources: Dr. Stephen Radentz, Forensic Pathology Associates of Indiana; David Wyser, Marion County prosecutor's office
Call Star reporter Jon Murray at (317) 444-2752.
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