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CALL FOR INDEPENDENT INVESTIGATION OF THE TRAVIS COUNTY MEDICAL EXAMINER’S OFFICE

Travis County Judge Samuel T. Biscoe and Travis County Commissioners have responded to the request by Dr. Sterling Lands, President of the Texas Social Action Coalition, regarding improprieties in the Travis County Medical Examiner’s office. The response triggered more concern and generated more questions from members of the Black community.
Travis County Judge Biscoe issued a written statement 30 August 2004 that reports the following:
The ME performed autopsies on the following persons who allegedly were killed by police officers since 1998.
1. Rodney Paul Wickware – Autopsy date: 25 Jan. 1998. Cause of death: Ethyleglycol toxicity. Conclusion: Accidental. Black male.
2. Johnny Paul Cornell – Autopsy date: 3 Feb. 1999. Cause of death: Multiple gun shot wounds. Conclusion: Homicide. Black male.
3. Erick Jamal McDonald – Autopsy date: 24 Sept. 1999. Cause of death: Drug overdose, Severe rhabdomyolysis due to PCP intoxication. Conclusion: Accidental.
4. Steven Bernard Scott – Autopsy date: 31 March 2000. Cause of death: Sudden death while being physically restrained while under acute cocaine intoxication. Conclusion: Accidental. Black male.
5. Joel Hernandez – Autopsy 16 Aug. 2001. Cause of death: Cocaine toxicity with ethanol complicated by multi-organ failure. Conclusion: Accidental.
6. Sophia King – Autopsy date: 11 June 2002. Cause of death: Gunshot wound to the chest. Conclusion: Homicide. Black female.
7. Jessie Lee Owens – Autopsy date: 14 June 2003. Cause of death: Multiple gunshot wounds. Conclusion: Homicide. Black male.
8. Lennon Christopher Johnson – Autopsy death: 24 July 2003. Cause of death: Gunshot wound to the chest and heart. Conclusion: Homicide. Black male.

When weapons were used, the cause of death was categorized as homicide. In cases where the Medical Examiner believed that the death was the result of the acute toxic effects of a drug and the death was unintentional during a struggle or restrain, the cause of death was classified as accidental.

Between 1980 and 2004, Travis County contracted with eight Deputy Medical Examiners, who were all employed by another Texas certified Medical Examiners office; Dr. Eduardo Bellas 1/80 – 6/92, Dr. deChenar 3/80 – 9/84, Dr. Joseph Jachimczyk 6/82 – 1/92, Dr. Suzanna Dana 7/85 – 11/98, Dr. Normal J. Farley 11/99 – 1/00, Dr. Stephen Cina, Dr. Tommy Brown 3/91 – 2/97, Dr. Elizabeth A. Peacock 12/95 – present, and Dr. Vladimir M. Parungao 7/00 – present.
During the time that they performed services for Travis County, five were employed by the Harris County Medical Examiners Office, one by Bexar County Medical Examiner, one by Wilford Hall San Antonio, one by Sedgwick County Regional Forensic Center, Oklahoma, and one by the State Hospital.

Currently, Travis County employs two Deputy Medical Examiners who assist Dr. Bayardo; Dr. Elizabeth A. Peacock since December 1995, and Dr. Vladimir M. Parunguo since 6 July 200.
The mission of the ME’s Office is to meet responsibilities, in accordance with the Texas Code of Criminal Procedures, Art. 49.25.
The report concludes, Based on our review of the issues raised in the complaint and after our review of the information received from the Medical Examiner’s Office, we have found no evidence of improprieties that would justify an official investigation at this time.”
“I do not claim any expertise in the area of forensic science but I am troubled by the M. E. conclusions” Dr. Lands said. He stated that, “based on the current operating strategy to provide expert forensic toxicological and related services upon request and on a fee for service basis, to the CAPCO Region and any other county or private individual who may request the service, there does not appear to be enough time to perform thorough professionally accurate autopsies.”
“The most troubling part of the response is the cases where the Medical Examiner believed that the death of Wickware, McDonald, Scott, and Hernandez was the result of the acute toxic effects of drugs and the deaths were unintentional during a struggle or restrain. It appears from the autopsy reports that these individuals were severely beaten or suffocated to death And it is also troubling that the gunshot wound #3 and gunshot wound #4 from the Owens autopsy report appears to have entered the body of Owens from a direction other than reported by the officer involved in the shooting.” Dr. Lands said.

Dr. Lands requested on 30 August 2004, that the Travis County Commissioners’ Court have the bodies of Wickware, McDonald, Scott, Hernandez and possibly Scott examined by an independent out of county Medical Examiner to determine the cause of death. The independent out of county Medical Examiner should have no ties or prior relationship with the Austin Police Department, Travis County Sheriff Department, Texas Department of Public Safety or any CAPCO Region Law Enforcement Agency or personnel.
Dr. Lands believes that this will be of great benefit in the Minority Communities because of the complete lack of trust and confidence in the Travis County Medical Examiner’s Office and the high percentage of minority in-custody deaths.”