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77735NCJRS.Pdf If you have issues viewing or accessing this file contact us at NCJRS.gov. -; I , •• ~:~atlonal Criminal Justice Reference Service nCJrs This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise contrql.over the physical condition of the documents submitted, the Individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. Report and W!F8 1IIIIji 1.0 W. - W 13,2 .2 Recommendations W -36 W 1 W - ~ w of the 1.1 ......Ll. ~ 111111.25 111111.4 ~1I11.6 STATE OF NEW JERSEY COMMISSION OF INVESTIGATION MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS·1963·A on the . Microfilming procedures used to create this'fiche comply with \" the standards set forth in 41CFR 101-11.504. INVESTIGATION Points of view or opinions stated in this document are of those of the author(s) and do not represent the official . 0 position or policies of the U. S. Department of Justice. SUDDEN DEATH CASES National Institute of Justice 10/11/82. t United States Department of JustictB Washington, D. C. 2a531 \ , .. ~tall\ uf NrlU 3Jrr9r~t COMMISSION OF INVESTIGATION ~o WEST STATE STREET MI(HAri II ',IAVM,I TRENTON. N J 08600 I· XEIUllVI DII~f( lOll AJiTHlIfl ~ I ANt TEI.EPHONE (HAIRMAr. 160gI29;H~?6? llAVID L RHOA()C, DEPUTY DIRECTDR LEWIS B KADEN JOHN.I "RANCIS JR November, 1979 .lOHN 0 DA\-II:'S HENRY S PATTERSON II eXECUTIVE ASSISl ANT COUNSEl. CHARI.ES" BLUMEr.STE,N NEII..J CASEY III JOH'J R DILlON III PETER M bCHIRME''' ROBERT M TOSTI TO: The Governor and the Members of the Senate and General Assembly of the State of New Jersey .. The New Jersey State Commission of Investigation is pleased to submit this Report and Recommendations on the Investigation of Sudden Death Cases pursuant to P.L. 1968, Chapter 266 (N.J.S.A. 52:9M-IO), the Act establishing the Commission of Investigation. Respectfully submitted, Arthur S. Lane, Chairman John J. Francis, Jr., Commissioner ,K;,', .','. Lewis B. Kaden, Commissioner I I Henry S. Patterson, II, Commissioner I U.S. Department of Justice NCJ II 77735 I National Institute of Justice It I: " .. I.' I This document has been reproduced exaclly as received from the 'I person or organization Orlglnallng it. Points of view or opinions stated f., NCJRS 11 In this document are those of the authors and do not necessarily , ,I represont the official position or policies of the National Institute of Justice. \ _R',\OWI\ Permission to reproduce this copyrighted material has been .. I , granted by New Jersey State Commission of -1 Investigation ACQU,.,Jl i'Aytl~ to the National Criminal Justice Reference Service (NCJRS). 1 Further roproduction outsldo of the NCJRS system requires permis­ "~ sion 01 the copyright owner. "1 I 1 ()t.! I \ ! , TABLE OF CONTENTS Page Introduction. 1 Summary of Recommendations 2 Sudden Death Cases. 7 James J. White, 1968. 7 Dominic M. Terenzi, Jr., 1969 . 32 Lynn Fuller, 1973 • 58 William Beeler, 1975. 83 j' Billy Rohrer, 3rd, 1975 103 Andrew Yorke, 1976. 134 Recommendations in Detail . 149 '{) Introduction. 149 The Medical Examiner System 150 Medical Examiner Recommendations. 158 County Prosecutors and Municipal Police . 162 Prosecutor's Office Recommendations 163 Municipal Police Recommendations. 165 Police Training • • 167 Police Training Recommendations . 169 Appendix. A-1 In troduction. " A-1 .. Letter/State Police Superintendent C.L. Pagano. B-1 , , -1- Report of the New Jersey state Commission of Investigation On the Investigation of Sudden Death Cases Introduction The New Jersey state Commission of Investigation (S.C.I.) ~ssues this report in an effort to demonstrate, and to reform, an inadequate area of the state's criminal justice system the lax handling of sudden death in- vestigations. The following case studies of certain sudden deaths which occurred some time ago in Camden I County are intended to serve as examples illustrating a larger law enforcement problem. The use of such 'r: '~ case studies by the S.C.I. is not intended to reopen " "; these cases or to sugge~t that any criminal activities took place that were not previously established. The Commission has utilized these case studies as a learning >:~~t <:-.. , ,~, instrument to provide a foundation for the reco~endations which are set forth in this report. In addition, although the cases cited are concen- trated in a single county, the S.C.I. regards them as vi revealing illustrations of more general investigative ,J '1 i deficiencies upon which to base general recommendations. \ In fact, interviews with prosecutorial personnel in other counties have disclosed that deficient sudden death inves- tigations can be identified in all counties. Therefore, this report should be read from a statewide perspective and its recommendations should be implemented on a , statewide basis in order to assure a more uniformly . > , ? f ~I -2- -3- credible and adequate functioning of this phase of the ~n adequate sudden death investigation' , howev~r , must criminal justice system everywhere in New Jersey. necessarily involve both the County Prosecutor and Municipal summary of Recommendations~ Polic~. Thus, the rec·ommendations also recognize the The S.C. I. recommendations, summarized below and need to improve the effectiveness of each of these law presented in greater detail at the conclusion of this enforcement entities -- particularly to achieve a more report, are catalogued according to the official capacities coordinated working relationship between county and local ·each would affec'!:. They reflect the Conunission I s view authorities and the appropriate Regional Medical Examiner that the proposed administrative and investigative changes acting under the authority of a more effective Office of are dependent upon each other for the success of the whole. State Medical Examiner. For this reason, the recommendations stress the importance The majoJ: recommendations, in brief: of a more professional medical examiner function if the -----Tho Nodical-., Examiner S~stem. __ entire chain of law enforcement perfor'mance in sudden death 1. The State Medical Examiner must be empowered to cases is to be totally effective. This priority is based establish and direct a regionaliz~ statewide system on the fact that a breakdown in handling sudden death of medical examiner offices as administrative adjuncts cases too often begins with a failure to enlist adequate of the developing New Jersey Institute of Forensic medical examiner expertise in the initial direction of an Science at Newark. investigation and in the control, preservation and analysis 2. At least three Regional Medical Examiner offices of essential evidence. Such a critical deficiency must be must be established at the outset. One such regional corrected in order to guarantee the orderly start of a office must be operated in conjunction with the proper sudden death inquiry. Therefore, the Commission's office of State Medical Examiner at Ne\'Iark. recommendations highlight the need for an expanded and up­ Each regional office must be operated by certified graded medical examiner role on a regional basis in order forensic pathologists and trained full-time supporting ~o assure a more professional course for such investigations. staffs. Adequate medical examiner facilities must be avail­ *See P.149 for Detailed Recommendations able in each region to perform customary laboratory • analysis and other autopsy work. , t , -4- -5- 5. E~isting county medical examiners must be phased cerr.ain other types of specialized inqUiries. out after a specified period of time when the 3. Prosecutors must es t a bl'1sh with Municipal Police Regional Medical Examiner offices would assume Departments fl eX1'bl e coordinating procedures, in- all of their statutory duties. cl Udl.ng the pre-qua 1"1f1cation by the Prosecutor 6. An effective networ.k of communications must be (after consulting with the State Medical Examiner established by the state Medical Examiner linking and the Attorney General's Police Training his office at the Institute of Forensic Science Commission) of certain mun1cipal' departments to 'with all Regional Medical Examiner offices for conduct initial sudden death inquiries. the purpose of issuing autopsy and other operating #unici£al Police DeE~rtmont~ __ directives, informational guidelines and professi.onal 1. Broad but clearly defined areas of MUnicipal Police reports on new expertise in forensic pathology. responsibility in sudden death cases must be 7. Similar liaison must be maintained by the State promulgated to i ' d' , Medical Examiner with county Prosecutors to imw f , nc~u 0 1mmed1ate notification of I County Prosecutors and Regional prove law enforcement services to Regional Medical Medical Examiners, as well as initial ' Examiners and Eor consultation on the qualifications seCur1ng and preservation of I a death Scen d' of Municipal Police Departments in this respect. e pen 1ng the arrival of trained 'I Prosecutor's units and medical I examiner personnel. county Prosecutors -- 2. Certain Municipal Police Dep'artments with Ii/roven 1. Each Prosecutor's office, or a sectional grouping investigative capacities are to be accredited by of small-county Prosecutor's offices, must assume County Prosecutors as capable of directing a control of most sudden death investigations and I sudden ~~ath inquiry pending developments for this purpose must establish a special unit requiring a Prosecutor's ff o ice to assume control. of investigators trained in handling sudden deaths. I 2. Such units must be required to assume full responsi­ 1. All prospective l' bility for the security of a sudden death scene, po ~ce officers must be required .. to complete police training including preservation of evidence pending the courses before assuming official duties. assumption of medical examiner control over the scene. Such units could also be assigned to conduct If -6- 2. Qualification standards must be established o and imposed by statute for assignment to homicide, narcotics and other specialized squads.
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