REPORT FROM FORENSIC EXPERT ON SECOND OPINION
BOARD AT
RIO RANCHO OBSERVER’S UNSOLVED CRIMES
Having reviewed the
information available in the John Sherman case, it is clear the case should be
reopened and investigated further. The facts presented clearly show the initial
investigation was conducted extremely poorly and without proper crime scene
investigation procedures. Evidence was not collected at the crime scene, and no
part of the scene was preserved or adequately photographed in the case future
investigation was pursued.
The findings of the
medical examiner are also suspect, based on analysis of both the autopsy
worksheet and report. At least one discrepancy can be noted between the
worksheet and report (in description of the deceased’s urine), and autopsy
findings appear possibly biased toward a preconceived idea regarding the manner
of death as suicide. The medical examiner seems to exhibit a great lack of
objectivity in pursuing the Sherman
autopsy, and in more than one aspect, the autopsy demonstrated a serious lack
of thoroughness. The pathologist notes livor mortis
as fixed, “except in areas exposed to pressure.” This would indicate that livor is not completely fixed, but blanching. Notes made by
the decedent’s mother on the autopsy report indicate injuries and other
conditions not noted in the report, including dental abnormalities
(substantiated by the presence of a bloody tooth evidenced in photographs).
Mrs. Sherman also notes her son was born with a hole in his heart, and that
this condition had led to the heart’s enlargement. Based upon this information,
if the decedent had suffered from a congenital ventricular or atrial septal defect causing
cardiac enlargement, the pathologist should have noted some degree of cardiac
hypertrophy or cardiomegaly upon examination. It is
not known if surgical intervention was required to close the hole in the heart,
but if it was, a thorough investigation of the heart could have revealed
evidence of it, depending upon the method used to patch the heart. The autopsy
makes note of blunt force injuries on the subject’s hands, which do not support
the theory of suicide if viewed in as potential defensive wounds and unless the
decedent somehow made the blunt force injuries to himself,
this seems obvious). The pathologist
also apparently told Mrs. Sherman the types of cuts found on the wrists, arms,
and throat of the deceased were common in suicide cases. However, investigation
of suicide statistics reveals suicide by cutting of wrists or throat to be
uncommon. Individuals are more likely to commit suicide by shooting themselves,
ingesting poison, or hanging themselves than by slashing of the wrists or neck.
Statements as to the subject’s activities reveal he was an avid sportsman with
access to and knowledge of guns, and therefore probably more likely to commit
suicide by firearm. Furthermore, in cases where suicide was committed by
cutting of wrists, pictures depict cuts as being more often horizontal than
vertical, as in this case, and where suicide was committed by slashing of the
throat, cuts depicted in pictures are more often across the front of the
throat, not to one side (an angle to one side is harder to accomplish), also as
this case exhibits. Simply the fact that one of the wrist wounds extended to
the tendons indicates the amount of pain experienced would have been intense,
as the deeper the cut becomes, the closer to a major nerve (here, the median or
ulnar nerves) it becomes. It may also be hypothesized
that the wound to the neck was made last, after a great deal of blood had
passed out of the subject’s body and blood pressure had been reduced — if the
blood pressure had been high enough when the neck wound was made, there would
likely have been visible evidence at the crime scene indicating pressurized
“spurting” of blood from the neck area, particularly in the presence of a cut
jugular vein. Since the wounds to the wrist would have rendered the decedent
unconscious within a matter of a few minutes, it seems unlikely the neck wound
could have been made in such a short amount of time when the blood pressure was
higher with no evidence of its result.
Toxicological test results reveal the deceased’s blood alcohol level to
have been 0.176%. Coupled with the fact that the decedent was a diagnosed
hypoglycemic who could not handle much liquor without passing out, it is
extremely unlikely he was even conscious at the time the cuts were made,
therefore ruling out suicide as the manner of death in this case. Psychological
profiles of the subject based on statements of relatives and friends also
indicate the decedent was not in a suicidal frame of mind and had not exhibited
pre-suicidal behavior further support this.
Other considerations
include why the deceased would have left the driver’s side door of the van open
in the middle of the winter when the heating system in the van reportedly
didn’t even work, and why he would have left the van running as it had been,
according to reports. In addition, photographs show the decedent’s pants unbuttoned.
If the decedent himself unbuttoned his pants, it would seem to indicate he was
comfortable doing so in the presence of whoever was with him, i.e. someone he
knew. Finally, the numbers of wounds on the body are more than adequate to
cause death, and, as Dr. Lipson stated, amount to “overkill.” If the subject
meant to kill himself, it is not likely (nor, given his physical condition,
could have) he would made that many cuts, hence whoever did make the wounds
made more than necessary, indicating that individual wanted to make sure there
was no way his or her victim would survive.