Topic category:  Other/General

Is the State of Indiana's pending prosecution of Lynette S. Finnegan on two counts of medical neglect relating to her daughter, Jessica, who died on December 20, 2005 at age 14 prosecutorial abuse, aka Nifonging?

There were several big hints at the beginning for anyone paying attention that former Durham County, North Carolina District Attorney Michael B. Nifong really did not want the truth to become public knowledge in the Duke case, one of which was his rejection of the offer of three co-captains of the 2005-2006 Duke University Men's Lacrosse Team to be polygraphed.

When the North Carolina Attorney General's office took over the prosecution, I wrote "Duke case: "60 Minutes" again and how to stop the pain" (posted on January 15, 2007), explaining the importance of polygraphing and urging that it be used to end the Duke case convincingly.

I wrote:

"With Mr. Nifong now out and a new prosecution team in, perhaps there will be done what should have been at the beginning: polygraph testing of the accused (Crystal Gail Mangum) and the accuseds (assuming willingness).

"As I pointed out in 'Duke case: Does the prosecutor need prosecuting?', posted on June 30, 2006:

'...Kevin Finnerty announced that EACH of the Duke Three had passed a polygraph test.

'From USA Today: "The FBI will give lie-detector tests to hundreds of state and local police officers assigned to terrorism task forces across the country as part of a new effort to battle espionage and unauthorized information leaks."

'FBI Assistant Director Charles Phalen: "There is no more powerful tool in our tool bag" than polygraph tests.

'Curiously, polygraph testing apparently has not been used in connection with the Duke case.

'Why not?'"

Mrs. Finnegan's husband Roman emailed me about the Indiana case and provided plenty of documentation in support of his contention that the prosecution never should have been initiated.

I emailed Mr. Finnegan that "[w]illingness to be polygraphed by a reputable outside expert when you claim you are being Nifonged strikes me as very significant" and "[i]f the two of you were willing, it would help. It's admissible in the courtroom of public opinion."

Mr. Finnegan replied, initially: "...I think I see what you may be getting at. Would the prosecutor even accept it? That would seem to be the nail in the coffin. Since they have no solid evidence you would think they'd be glad to just end it with a polygraph. I did look up the American Polygraph Association in the beginning. I like that they orientate the person first and there are no surprise questions. If the person was independent of the prosecutor's office that would seem very fair."

Upon further reflection, he emailed: "Well since the only question that is left in our case is did we 'knowingly' endanger her life. Since we did not prescribe the overdose I don't see how this is possible. But again that seems like a good idea. After all we've been accused of let's do it. Hook us up and ask, 'Did you know she was in danger?' 'Could you see the internal bleeding and if you did see it (with x-ray vision) did you realize that she may have been overdosed on Coumadin?' I'm not being sarcastic but that's the reality. I wonder why we were never asked to take one. Then again after reading the article [I had sent him a copy of "Duke case: '60 Minutes' again and how to stop the pain"] , I have to wonder if they would have even accepted it. Probably not. I think it's a good question. Had they done it they may have been more inclined to look in the right direction."

Mr. Finnegan's tragic story:

"Jessica was born with Tricuspid Atresia a congenial heart defect. She had corrective surgery in 1996. She took Coumadin to prevent clotting, Digoxin to regulate her heart, and Dilantin to prevent seizures. She passed away in Dec. of 2005 at age 14. Her mother (Lynnette) had remarried in May of 2004. Her stepfather (Roman) is a Correctional Sergeant and instructor with 17 years working for the state prison system. She had three siblings at the time. Johnathon, 17, Tabitha, 16 and Katelynn 10.

"On the day that Jessica died Roman and Lynnette were interviewed. Roman by an investigator from the prosecutor’s office after waiving his rights and submitting to a recorded interview and Lynnette reported to a deputy sheriff who could not find his recorder. The same investigator from the prosecutor’s office and staff from Department of Child Service (DCS) interviewed the children. When they went to get the children at the DCS office where they had been taken while the Finnegans were at the hospital they were detained for nearly two and a half hours. This was the last attempt to interview the Finnegans despite their willingness to talk to the prosecutor’s office and law enforcement. The Finnegans attributed her death to her life long heart condition.

"Johnathon had moved out when he turned 18. In Nov. 2006 DCS removed Jessica’s two sisters. Roman and Lynnette Finnegan hired an attorney, David Giesler, who called DCS and was told that Jessica had died of a blunt force injury to the head. In court Lynnette and Roman were accused of fatally beating Jessica. A letter from a 'forensic pediatrician' supported the beating theory. No criminal charges were filed. One hour of supervised visitation a week was allowed as the death of Jessica was being investigated. That was later increased to 2 hours and finally 4 sometime in the next year.

"Roman began looking up the injuries found on the autopsy reports as Lynnette assembled what she had from medical record. The autopsy contained several sites of internal bleeding and a basil skull fracture. He made a timeline of the day Jessica died and ruled out the possibility of anyone beating her. Since they knew they hadn’t beaten her they began looking at other possibilities. The first clue found on the Internet was when they found a case in Florida in which a father was convicted of killing his infant son. Alan Yurkon was later proven innocent. The infant had been given a DTP vaccination and a drug called Heparin which was describe as being similar to Coumadin, also known as Warfarin, an ingredient in rat poison that kills by internal bleeding. Jessica’s school had mandated that she receive her fifth DTP vaccination or be excluded from school two weeks prior to her death.

"Roman wrote a letter and sent it over the Internet to anyone who could offer help. They knew they were being accused of murder and expected to be arrested at any moment. Dr. Harold Buttram MD of Pennsylvania was the first to offer assistance. He reviewed the record and concluded, 'It is my opinion within a reasonable degree of medical certainty that Jessica died from a fulminating hemorrhagic disorder, most likely in the form of thrombocytopenia, which was triggered by an anamnestic response to vaccines administered on 12-5-05. I do not believe that the clinical evidence supports charges of parental blunt trauma for any of the autopsy findings.'

"Roman researched the DTP vaccination again through the Internet. He found a several sites that suggested that a doctor should be consulted if the patient has a seizure disorder or is on blood thinner such as Coumadin. Looking up 'thrombocytopenia' he found that Digoxin was listed as a cause of 'Immune mediated thrombocytopenia' which causes an abnormal response in the immune system. Thrombocytopenia decreases platelets in the blood, which are needed for clotting. While checking the schools website it was discovered that Jessica was required to have three DTP vaccinations to attend eighth grade. She had four on record when the school mandated the fifth.

"The next to respond to the letter was Susan Weston who has a web site that Roman sent his letter to. She forwarded the letter to an attorney that offered suggestions. Eventually the attorney contacted them by phone from WA. Heather Kirkwood believed that, because of the facts, Jessica seemed to have a coagulopathy disorder. This was very close to what Dr. Buttram had suggested. She asked Roman and Lynnette to get copies of the prescription record when she learned that Jessica had been on Coumadin. The records showed an unexplained increase from 3 mg to 7mg. One pill for 5 mg and another for 2 mg. No prescription was found for a refill of Dilantin. This was an obvious overdose apparently due to prescription error. At this point the girls had been held in foster care at an undisclosed location in another county for four weeks.

"On December 4, 2006 Roman and Lynnette drove to Indianapolis to see Jessica’s cardiologist. He confirmed that he did not order the prescription increase that was written by their family doctor. He added that children who have had the Fontan procedure, as Jessica had in 1996, usually collapse but do not obtain skull fractures as the autopsy reported that Jessica had. He said they would have to take it up with the authorities. When Lynnette asked if he wanted the copy of the prescription record he pushed it back and said, 'you may be needing that.'

"Later in December Roman made contact with a professor who was an expert on prescription error. In a sworn declaration provided to Ms. Kirkwood he stated, 'Given the unexplained increase in Jessica’s Warfarin dose and the discontinuation of Phenytoin (Dilantin), serious consideration should be given to the possibility that Jessica’s death was caused by one or more prescribing errors, combined with her underlying heart condition and reported illness in the days before her death.' This was signed on January 4, 2007 and shared with all parties involved in the case.

"On January 15, 2007 the state police searched the Finnegan home confiscating and end table and a paddle made at school for Lynnette by her son.

"Dr. Buttram had suggested that Dr. Michael Innis, a respected Australian Hematologist and Pathologist might be willing to help. He responded to Roman’s request and was contacted by Ms. Kirkwood. After reviewing the records he provided a sworn declaration saying, 'I conclude that, to a reasonable degree of medical certainty, Jessica’s death was the result of an undetected complication of Coumadin therapy, possibly triggered by a prescription error. The mandated DPT vaccinations, ill health and the removal of Dilantin from her medication regimen may have aggravated the situation.' He also explained that Coumadin causes a decrease in bone density, which he believed, made her susceptible to fractures. He directly refuted the report by the forensic pediatrician. This information was also shared with all parties.

"Ms. Kirkwood shared the prescription error with the Finnegan’s lawyer, the state police and DCS. In January the Finnegans were informed that Jessica would be exhumed for a second autopsy scheduled for January 25th. Ms. Kirkwood flew out from Washington and attended the second autopsy conducted by a famous forensic pathologist who was assisting as a favor to the state police. Ms. Kirkwood was instructed not to speak by the detective assigned to the case. She did make several observations and corrections of misinformation spoken by DCS staff who was also present. The results were inconclusive and added nothing to what was already known except that new photos were taken.

" Lynnette’s son Johnathon left a disturbing phone message after being questioned by police. They told him that his mother accused him of killing his sister, knowing that the Finnegans had been pursuing medical explanations of Jessica’s injuries for three months.

"Mr. Giesler sponsored Ms. Kirkwood to represent the Finnegans in their home state of Indiana. She filed seven motions with the court in March of 2007. She now had an office at their home and was traveling back and forward from her home. She was assisting them pro bono (Without charge) and was not particularly liked by locals working the case. She submitted interrogatory questions to be answered by DCS as well as admissions of facts to be acknowledged by them.

"On April 16 she and the Finnegans traveled to the state capital to depose the forensic pediatrician who had believed the death was a fatal beating. Contrary to her letter she agreed that Coumadin causes spontaneous major and/or fatal bleeding. She admitted she was not an expert on Coumadin or the heart surgery performed on Jessica. In effect her testimony was advantageous to the Finnegan case. This doctor admitted not being qualified to rule on cause or manner of death. She also testified that if Jessica had a fracture before death she would have had symptoms such as raccoon eyes (black eyes) or battles sign (Bruising behind the ears) which she did not have. In fact there were not signs of bruising that would indicate a beating.

"On April 24, 2007 Ms. Kirkwood had an appointment with the prosecutor to review the medical facts in the case. This was good news to the Finnegans. Finally someone in authority was willing to listen to the facts. In fact the prosecutor asked Ms. Kirkwood to have them accompany her to her office. As they prepared to leave the state police pulled up to the house and arrested the Finnegans. The detective transporting Lynnette commented that she got dressed up for nothing. Both were paraded to jail than court in chains. Mr. Giesler was removed from case and new lawyers appointed for Lynnette and Roman. The papers reported a couple arrested in the death of a fourteen-year-old. People posting on local Internet forums accused them of murder. Roman was bailed out after one day. Lynnette spent two days in jail before funds were raised.

"Roman volunteered to talk to the police. He was reminded that his career was at stake and that the children were not his. It became apparent that though the fatal beating could not have happened largely because there was no significant bruising which would have been prevalent with her Coumadin especially in overdose. Yet, as the police proceeded, it was obvious they still theorized that the fracture was either caused by a blow to the head or an injury that was ignored. They also revealed their belief that Lynnette was a liar and cared more about her dog than her daughter.

"They claimed that the fracture occurred twenty-four hours before death. This was contradictory to what the forensic pediatrician had stated about the symptoms of a basil fracture that were not present. They were being charged with neglect rather than homicide. Lynnette was facing twenty-three years in prison and Roman three years. Roman’s crime, according to the charges, began the day he and Lynnette were married and ended the day Jessica died.

"Mr. Giesler was dismissed from the case and Lynnette’s new court appointed Lawyer Kevin Tankersley sponsored Ms. Kirkwood. With criminal charges filed they now had access to information through discovery. DCS was also disclosing information as required. Case notes showed several things that had not yet come to light. In the DCS case notes it was found that on the day Jessica died DCS called the family doctor who asked them what she overdosed on. This was the same doctor that wrote the Coumadin prescription. DCS notes also showed that they had in fact detained the family on the day she died contrary to their answer to the interrogatory questions.

"Revealing was a police report where a crime scene investigator noted that the fracture began at the saw line where the skull was opened during autopsy. It was learned that the coroner had always suspected that the pathologist he hired had caused the fracture.

"One aspect of the neglect charge was that the Finnegans did not obtain monthly blood test (INR) on Jessica. Her doctors had never ordered them or explained the dangers of Coumadin. The FDA did not issue a 'Black Box Warning' until October 2006. On May 29 a leading expert on Coumadin therapy signed a declaration on behalf of the Finnegans assessing the anticoagulant treatment Jessica was receiving.

'Even if a Warfarin patient has been stable for an extended period, it is also critical to have a very clear follow-up plan, with clear directions to the patient or the patient’s parents. Jessica’s medical records suggest a lack of coordination between her physicians, resulting in an almost complete system failure. Several failures are obvious. First, the prescribing physicians are responsible for ordering monthly INRs and ensuring that they are taken. Such orders should be written in prescription form and recorded in the patient’s chart. If the patient or the patient’s parents do not comply with these orders, the physician should not refill the prescription as the risk of therapy may outweigh the benefit. Second, the treating physicians are responsible for taking INRs when the patient presents with illness or other conditions that might increase the effect of Warfarin. Third, it is the physician’s responsibility to educate and re-educate patients or the patient’s parents on the dangers of Warfarin. Fourth, when care is shared between physicians, the physicians are responsible for coordinating the patient’s care, including the scheduling of INRs. In this case, it appears that none of these steps were taken.'

"Essentially, she testified that the Finnegans were not responsible for any deficiency in Jessica’s treatment. Her testimony, as are most of those assisting the Finnegans, was done pro bono.

"Since the state police did not share the slides from the autopsy with the Finnegans, claiming it would take a long time and permission was needed from down state, their counsel subpoenaed them from the coroner who was happy to comply. (He had subpoenaed medical records from DCS and they motioned to quash the subpoena.) The state police had sent a copy reserved for the family to another pathologist.

"The state’s leading Forensic Pathologist reviewed the slides and pictures of the fracture taken at autopsy. He wrote to Ms. Kirkwood saying that the pathologist who conducted the autopsy had made several mistakes. The first was 'when he created a skull fracture opening the cranium initially.' His second mistake was that 'he did not sufficiently account for the hemorrhage seen in multiple areas of the body as artifacts of Coumadin (blood thinner) therapy.' The third mistake was 'taking so long to assemble his final report.' This letter was written July 10, 2007. Over a year and a half after Jessica’s death. Also in the letter he states that the doctor that performed the autopsy, who’s training he had participated in, admitted to him that he caused the fracture.

"A nationally recognized forensic neuropathologist also examined the slides and photographs. A small subdural hemorrhage proved to be old, consistent with the overdose. Referring to the fracture he stated, 'In this case, the skull fracture does not seem to be associated with a significant impact in the days prior to death since, given the increase in Warfarin, an impact sufficient to cause this fracture would also cause extensive subgaleal and subdural hemorrhages, which do not appear to be present…possibility is that the skull fracture was created at autopsy. There are several ways to remove the skull cap, each of which creates different risks of creating post-mortem fracture…the site of the fracture, which appears below but not above the saw line, suggests that the fracture may have been caused at autopsy. It would be quite coincidental for the saw line to pass through the precise beginning of a fracture…[t]he absence of apparent blood in the fracture line also suggests that the fracture occurred at autopsy. Since vessels in the bone marrow bleed when a bone is fractured, the absence of blood in a fracture suggests that the fracture occurred after death. While one photograph suggests that there may have been some blood in the fracture, others indicate that there was no blood in the fracture, suggesting that the fracture occurred after death.'

"The coroner’s verdict was filed July 17, 2007.

'I find that Jessica … died an accidental death from sudden cardiac arrest due to seizure due to cerebral anoxia due to long term Coumadin overdose and a loss and lack of Dilantin as a result of medication errors.'

'A vaccination of Tetanus and Polio (killed virus) was given two weeks prior to her death without consultation by her cardiologist. This vaccination would have altered her immune system in an unknown and unpredictable way.'

'All skull fractures were artifacts of the autopsy. The evidence in person and photographically indicates Green stick fractures postmortem.'

"These three findings were in perfect harmony with what the Finnegans and their attorneys had been saying all along.

"A fact finding hearing was scheduled for July 18 through the 20th in the DCS case. Opening statements were made and DCS retained the 19th to present their witnesses. They called the crime scene investigator who had been taken photographs and a video of the scene. He did not find that the blood that was present was out of proportion with the circumstances. Like the deputy coroner who was present it seemed consistent with Coumadin therapy. Another crime scene investigator that was present at the second autopsy confirmed his belief based on photograph and conversation with the coroner that the fracture was post-mortem.

"The hearing was changed from fact finding to a detention hearing since probably cause for detaining the children had never been established. DCS offered to return the girls if the Finnegans would agree that they were in need of services, any services including grief counseling to cope with the death of their sister over a year and a haft after her death. They refused the admission and any fault in their daughter’s death.

"While the negotiation were progressing the prosecutor issued a no contact order against the Finnegans and the children. She said see needed to question them despite the fact that she had nine months and that the children were questioned by her office the night Jessica died.

"And agreement was made between the Finnegans and DCS. There would be no admissions by the Finnegans. The prosecutor would be giving one week to depose the children. A second week would consist of the girls finishing summer school, unlimited unsupervised visitation and over nights at the discretion of their therapist, and a return home at the conclusion of the two weeks. Twenty two witnsses, including the coroner and many of the experts for the Finnegans would not be needed to testify.

"The Finnegans agreed to psychological evaluations, Parenting instruction, supervision from a counselor for Katelynn. No DCS staff involved with the case could come to the home with one exception that could only do so while escorted by a caseworker who was uninvolved. They would come in once a month and no searching would be required. They would come in and sit with the family, in the living room, for about 15 minutes and leave. Family meetings with the therapist would continue.

"The therapist informed Mrs. Kirkwood that he could not proceed without a written court order and that several attorneys had advised him that the return date was at his discretion contrary to the agreement. During the second week virtually all visits were disrupted. A rumor circulated that the Finnegans had refused a visit. When they checked with the original visitation supervisor she confirmed that supervised visitation had ended and that she was unaware of any scheduled visits.

"As the return date approached the attorney for DCS assured the Finnegan attorneys that the plans were being made. Meanwhile the director of the local DCS told the judge that the girls had decided they preferred foster care. This was not true and never had been. DCS scheduled an appointment with a psychologist of their choice on the day of the girls return contrary to the agreement. At the last minute the DCS attorney refused to talk to the Finnegan attorneys or return the girls.

"The girls were finally returned one week late when the judge returned from vacation and enforced the order. A contempt motion was filed against DCS and their attorney.

"On August 27, 2007 a hearing took place on the motion to dismiss the criminal charges. Instead it quickly became a motion to get rid of Mrs. Kirkwood. She was officially off the case and though the prosecutor still did not corrected her charges she was given two additional weeks.

When Dr. Buttram first became aware of the case he did not have all the information including the documented overdose. After reviewing the new information he drafted another declaration in support of the Finnegans. He concluded:

'As set forth in my preliminary e-mail, it is apparent that Jessica’s death was caused by her underlying medical conditions (congenital heart disease and seizure disorder) and a prescription error that more than doubled her warfarin and eliminated dilantin, compounded by unmonitored vaccinations and the failure of her doctors to take regular INRs, particularly when she presented with flu-like symptoms. It now appears that the skull fracture was also medically-induced, i.e., caused by autopsy.

"It would indeed be a sad commentary on our times if the medical errors which contributed to Jessica’s death were compounded by continued, misguided prosecution of Jessica’s parents with the devastating effects that would ensue for the entire family. Let us hope this does not happen.

"Having reviewed over 90 cases of child death or abuse since 1999, the prosecution in the present case has been among the most misguided and egregious that I have seen. For this reason I predict that, unless the prosecution is stopped from further harassing this unfortunate family, the case will in time reflect badly on the medical and legal systems which allowed it to happen and be a cause of regret for all concerned.

"The prosecution re-filed the charges. The Class B against Lynnette was not filed but they both face class D Felony Neglect. This seems to be based on their inability to identify the internal bleeding caused by the overdose. Despite the fact that numerous individuals from the school, DCS, State Police and doctors made very serious mistakes in Jessica’s care and death investigation, it seems the prosecution is intent on further punishing a family who has already endured what amounts to a systematic psychological torture by the state.

"When the girls were taken the DCS case plan simply stated that they needed a place to stay while the investigation was ongoing. This became treatment and therapy designed to obtain information regarding their sisters death to be shared with DCS.

"The records of the girls treatment was reviewed by Dr. Randall Krupsaw, a psychologist specializing in child development and evaluation.

'I am concerned with the evidence in the progress reports suggesting that the children’s therapists have felt duty bound to investigate Jessica’s death, to supply to supply information to the children about what might have happened, and to report their findings to DCS…

This is improper and can have adverse effects, some of which may have already occurred…

The information obtained may be inaccurate and may infuence subsequent interviews or interrogations…

Using therapists to obtain information for a legal case is contrary to the purpose of therapy and may shut down the willingness of the children to talk…

the children have been caught between their parents, to whom they wish to return, and DCS, which apparently wishes to obtain information from them to use against their parents…

Although the failure to disclose abuse or neglect over eight months strongly suggests that no abuse or neglect occurred, it may be difficult to disabuse the children of any misconceptions that they may have acquired during this period of restricted contact.'

"THEORIES

"Theory One: Fatal beating

Fact: Internal bleeding. Coumadin overdose. No external bruising.

"Theory Two: Blow to head. May be intentional or accidental. Sever headache. No treatment. Neglect.

"Fact: Post-mortem fracture created at autopsy.

"Theory Three: Copious bleeding

"Fact: Experiencing first menstrual period. Sore on lip. Coumadin overdose.

"Theory four: Lynnette and Roman should have had a sophisticated knowledge of Coumadin.

"Fact: FDA black box warning did not come out until October 2006. Doctor’s responsibility to prescribe blood tests, educate and re-educate patient and parents. Jessica presented to doctor one week before death. Symptoms consistent with Coumadin overdose. Doctor sends home with no blood work. Orders clear liquid diet and to come back in a week if not better.

"MISTAKES

"1. Cardiologist does not order monthly blood test (INR).

"2. Family Physician writes prescription that increased Coumadin by 133%. National standards only allow 20%.

"3. Pharmacist does not catch prescription error. (New customer. Pharmacist not familiar with patient)

"4. School officials mandate vaccination, under penalty of expulsion, that contraindicates medication contrary to their own immunization policy.

"5. When brought to Family Physician, no blood work is done. Orders increase effect of Coumadin overdose.

"6. Forensic pathologist creates skull fracture, does not recognize internal bleeding as artifacts of Coumadin overdose and takes nineteen month to file an official report. Also records that Jessica’s prostate is 'firm with no evidence of enlargement.' (women do not have prostates)

"7. Forensic Pediatrician theorizes a fatal beating based on limited facts provided by DCS. Jessica had no bruising that indicated a fatal beating. Later admits she is not qualified to rule on cause or manner of death and is not an expert on Coumadin or the Fontan procedure.

"Outcome: No doctor will be held accountable. If so it would be malpractice for which most are insured. Instead the parents will be held criminally responsible.

"CONSEQUENCES FOR FAMILY

"1. Lost daughter/sister.

"2. Children taken to undisclosed location in a different county with limited supervised visitation. Given false information regarding what happened to sister while subject to inappropriate therapy.

"3. Relationship with her son was destroyed.

"4. Jessica was dug up and dissected adding to the grief of the family.

"5. All major holidays, birthdays and an entire summer were lost to the family.

"6. Roman and Lynnette arrested while preparing to meet with prosecutor.

"7. Media reports Francesville couple arrested for the death of fourteen-year-old daughter.

"8. Roman and Lynnette not allowed attending Johnathon’s graduation party.

"9. Roman missed an interview with the gaming commission that could have resulted in a $10,000 a year pay increase.

"10. Roman was suspended from his job without pay. Has lost income, insurance and possibly their house. Rejected from collecting unemployment because it was reported that he was suspended for misconduct leading to his arrest.

"CONCLUSIONS

"Dr. Kenneth Ahler MD: Jasper County Hospital ER and former Jasper county Coroner. Did a thorough inspection because of concerns about blood at the scene.

"Conclusion: 'Sudden death syndrome. Congenital Heart Disease. There was no obvious history of trauma and none could be witnessed except for bruising on the right knee.' 'According to Dr. Hurwitz (sic) there are only 200 of these cases in the country that have servived the surgery and the ones that have died 2/3 of them have been sudden death as was the case [here].'

"Dr. Harold Buttram MD:

"Conclusion: 'It is my opinion within a reasonable degree of medical certainty that Jessica died from a fulminating hemorrhagic disorder, most likely in the form of thrombocytopenia, which was triggered by an anamnestic response to vaccines administered on 12-5-05. I do not believe that the clinical evidence supports charges of parental blunt trauma for any of the autopsy findings.'

"Bruce Lambert: University of Illinois School of Pharmacy and expert on prescription error.

"Conclusion: 'Given the unexplained increase in Jessica’s Warfarin dose and the discontinuation of Phenytoin (Dilantin), serious consideration should be given to the possibility that Jessica’s death was caused by one or more prescribing errors, combined with her underlying heart condition and reported illness in the days before her death.' This was signed on January 4, 2007 and shared with all parties involved in the case.

"Dr. Michael Innis MBBS; DTM&H; FRCPA; FRCPath Emeritus Consultant Haematologist:

"Conclusion: 'I conclude that, to a reasonable degree of medical certainty, Jessica’s death was the result of an undetected complication of Coumadin therapy, possibly triggered by a prescription error. The mandated DPT vaccinations, ill health and the removal of Dilantin from her medication regimen may have aggravated the situation.' He also explained that Coumadin causes a decrease in bone density, which he believed, made her susceptible to fractures.

"Edith Nutescu. University of Illinios School of Pharmacy and Leading expert of Coumadin/Warfarin.

"Conclusion: 'Even if a Warfarin patient has been stable for an extended period, it is also critical to have a very clear follow-up plan, with clear directions to the patient or the patient’s parents. Jessica’s medical records suggest a lack of coordination between her physicians, resulting in an almost complete system failure. Several failures are obvious. First, the prescribing physicians are responsible for ordering monthly INRs and ensuring that they are taken. Such orders should be written in prescription form and recorded in the patient’s chart. If the patient or the patient’s parents do not comply with these orders, the physician should not refill the prescription as the risk of therapy may outweigh the benefit. Second, the treating physicians are responsible for taking INRs when the patient presents with illness or other conditions that might increase the effect of Warfarin. Third, it is the physician’s responsibility to educate and re-educate patients or the patient’s parents on the dangers of Warfarin. Fourth, when care is shared between physicians, the physicians are responsible for coordinating the patient’s care, including the scheduling of INRs. In this case, it appears that none of these steps were taken.'

"Dr. John Pless MD: Forensic Pathologist. Clyde G Culbertson Professor Emeritus, Indiana University School of Medicine. (Reviewed the slides and pictures of the fracture taken at autopsy.)

"Conclusion: He wrote that the pathologist who conducted the autopsy had made several mistakes. The first was 'when he created a skull fracture opening the cranium initially.' His second mistake was that 'he did not sufficiently account for the hemorrhage seen in multiple areas of the body as artifacts of Coumadin (blood thinner) therapy.' The third mistake was 'taking so long to assemble his final report.' This letter was written July 10, 2007.

"Dr. Jan Leestma MD: Forensic Neuropathologist

"Conclusion: A small subdural hemorrhage proved to be old, consistent with the overdose. Referring to the fracture he stated, 'In this case, the skull fracture does not seem to be associated with a significant impact in the days prior to death since, given the increase in Warfarin, an impact sufficient to cause this fracture would also cause extensive subgaleal and subdural hemorrhages, which do not appear to be present…possibility is that the skull fracture was created at autopsy. There are several ways to remove the skull cap, each of which creates different risks of creating post-mortem fracture…the site of the fracture, which appears below but not above the saw line, suggests that the fracture may have been caused at autopsy. It would be quite coincidental for the saw line to pass through the precise beginning of a fracture… [t]he absence of apparent blood in the fracture line also suggests that the fracture occurred at autopsy. Since vessels in the bone marrow bleed when a bone is fractured, the absence of blood in a fracture suggests that the fracture occurred after death. While one photograph suggests that there may have been some blood in the fracture, others indicate that there was no blood in the fracture, suggesting that the fracture occurred after death.'

"Dr. R. Gordon Klockow: Jasper County Coroner. The coroner’s verdict was filed July 17, 2007.

'I find that Jessica … died an accidental death from sudden cardiac arrest due to seizure due to cerebral anoxia due to long term Coumadin overdose and a loss and lack of Dilantin as a result of medication errors.'

'A vaccination of Tetanus and Polio (killed virus) was given two weeks prior to her death without consultation by her cardiologist. This vaccination would have altered her immune system in an unknown and unpredictable way.'

'All skull fractures were artifacts of the autopsy. The evidence in person and photographically indicates Green stick fractures postmortem.'

'The death was ruled accidental due to long term Coumadin overdose."

Some prosecutions are persecutions that compound pain.

Michael J. Gaynor

Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is gaynormike@aol.com.