24 Q. Have you had a chance to go over the autopsy 25 report in this case, State's Exhibit 56A? PAGE 36

A. Yes, I have. Q. And did you read it? And you're familiar with it? A. Yes. Q. And at this time are there any additions or corrections that you want to make to that report? A. Yes. Q. And specifically can you tell me what that  is? A. On Page 5, under "Description of Injuries," the first paragraph, the   last word, upward" --that word should be "downward." Q. So, the last word in  the paragraph beginning is "upward"? A. Yes. Q. And you need that to    be changed to what? A. "Downward." Q. Okay. MR. KLIEN: Just one second, Judge. PAGE 37

(WHEREUPON, there was a brief pause.) MR. KLIEN: Your Honor, may     I approach the witness? THE COURT: Yes. BY MR. KLIEN: Q. Could    you hand me 56A, please? A. (Complies.)Q. What I'm going to ask you to   do --and before you do, I'm going to see if there's any objection. We'll put   ink on there. I'm going to ask you, if there's not any objection, to mark out  "upward" and write the correct word that should be there. A. Okay. MR. EASTERLING: It's up to the Court. THE COURT: If he has no objection,  go ahead. BY MR. KLIEN: Q. Go ahead.

• Pathologist acknowledges limited effort for a more conclusive test result

A. In a contact gunshot wound, there’s going to be soot. Q. And it’s also going to be blackening and/or smudging; isn’t that correct? A. Yes. Q.   Okay. And in this particular case you didn’t observe or document any blackening   or smudging in your autopsy report, did you? A. No. We       don’t do that. Q. You don’t do that? A. Not at the Harris County Medical Examiner’s Office.  Pages 9 through 12.

Q. Okay. Okay. Now, whenever you have a close contact wound, you’re going to have scorching and burning of the hair – isn’t that correct? If it’s    in the head area where the hair is. A. Possible. Q. You didn’t notice any scorching or burning of the hair or document that in your autopsy report in this case, did you? A. No. We don’t do that. Page 13. Q. Is that something else the Harris County Medical Examiner’s Office doesn't do? A. Yes

Q. Did you see any scared abrasion on Miss Shelby’s head - - scalp? A. I  think the extension tears kept me from seeing that. A. Kept you from seeing that? Page 22. I don’t understand - - I’m not trying to play games. I don’t understand why you couldn’t see that? Did you look at this wound with any type of microscope or even a hand held magnifying glass or just look at it like we’re looking at it here? A.I looked at it like we’re looking at it here. You can’t look at it under the microscope unless you cut it off. Q. Do you have a magnifying glass where you can look at it close to determine fine points like this? A. Yes, you can. Q. You didn’t use that in this case, did  you? A. No. Page 23.

Who paid your way to come here, Miss Murr. MR. KLIEN: Objection. Objection - - relevance. Mr. Easterling: It goes to motive. THE COURT: Who paid for it? THE WITNESS: The airfare was paid for by Harris    County D.A.’s. Page 46.

• Pathologist fired for sloppy work habits, not following procedures

Q. How long did you work with the Harris County Medical Examiner’s Office? A. Five and a half years. Q. You were fired in March of 1998 from the Harris County Medical Examiner’s Office weren’t you? A. Yes, I was.  Q. One of the reasons that you were fired was for sloppy forensic practices; isn’t that Correct? A. No, that is not correct. Q. Did you receive a letter    from the Chief of the Medical Examiner’s Office – excuse me— The Chief Medical Examiner – let me get her name real quick – that detailed the   reasons For your firing? A.Yes, she did give me a letter. Those were    alleged reasons for firing me. Page 14. Q. Dr. Joy Carter was her name.       A. Yes, that’s her name. Q.One of the specific reasons that she gave in the letter – and the allegation was: “Your reluctance to follow standard    forensic procedure that allude to work products that are sloppy.” Quote     and end quote; is that correct? A. That is what she said. Page 14. Q. Do     you think she was talking about this autopsy when she was talking about “sloppy forensic work product? Well, you’ve admitted to the prosecutor    that you made a mistake on Page 5 about the wound. Instead of it being “upward,” it should have been “downward.” That’s correct. Q. And, they pointed that out to you –didn’t they? A. No. Pages 15 and 16.

• Pathologist loses federal appeal in firing

NEW ORLEANS - A federal appeals court has upheld a lower court      ruling that there was insufficient evidence to believe that a former         Harris County assistant medical examiner was fired for talking to the Houston Chronicle about concerns over a colleague's credentials.

On March 18, 1998, Marilyn Murr Doyle was asked to resign or be terminated. A memo stated that reasons for termination included      problems with an autopsy, verbal altercations, disregard for        toxicology procedures, insults to pathology assistants and failure                to properly fill out time-sheets and use the security card system.

Swaim: Q. Okay. Let me just talk with you briefly about -- you mentioned Medical Examiner Investigator August. Now, he was at the scene when you were there doing your scene investigation. Would that be fair? A. That’s correct. Q. And during that time you talked with him? A. I did. Q. Okay. you made the request for the A. A. test and everything? A. That’s correct. Q. Okay. Now later on you-all --don’t you-all submit, like, a written request   for evidence from the M.E.? A. No. Oh, this? This is done, yes. This is usually done at the scene by someone. Q. Okay you didn’t do that, did you? A. I didn’t do it. Either the C.S.U. or Mr. August PAGE 172

A. would do it. Q. Okay. But you do personally remember telling August “I need-- these are the things I want.”--A. Correct. Q.--including the AA test?  A. That’s correct. Q. But for some reason was that incorporated into the written request for evidence from the medical examiner’s office? A. It’s not listed here, no. Q. Now, was it your understanding that when the medical examiner does an autopsy -- in terms of the collection of evidence, they work from what’s requested in writing on the list, don’t they? A. That’s correct. Q. And that’s probably why that mistake was made, that the A.A. test wasn’t done --right? A. I would assume so, yes. Q. -- because it wasn’t on the written request. A. That’s correct. --173

Swaim: Q. Okay. You wanted the atomic absorption, or what we call the A.A., test to be done on Miss Phyllis Shelby’s hands if possible, correct? A. That’s correct. Q. And did you make the request to the medical examiner’s office? A. I made it to August at the scene. Yes. Q. To who? I’m sorry. A. August. PAGE 148

A. Mark August is an investigator with the Harris County Medical Examiner’s Office. Q. Okay. A. He was the investigator on the scene representing their office. Q. Okay. To your knowledge, do you know if the medical examiner did the A.A. test? A. I’ve been told that they did not. Q. Okay. And you don’t have any evidence that anybody did the A.A. test of her hands, correct? A. That’s correct, sir. Q. So, we don’t have any evidence of the A.A. test to discuss in this trial, to your knowledge, correct? A. To my knowledge, no. Q. All right, Sometimes those mistakes happen, John where they don’t do what you ask them to do? A. It happens, yes. Q. I mean, that as not anything of your fault, was it? A. Well, I asked for it. It didn’t get one. Q. Okay.

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