Lodi News-Sentinel

Report: S.J. County D.A.’s Office criticized sheriff in 2011 case

- By Alex Breitler

The San Joaquin District Attorney’s Office knew nearly five years ago of a case supporting one of many allegation­s that forensic pathologis­ts made earlier this month about Sheriff-Coroner Steve Moore, according to a letter obtained recently by a staunch critic of both the sheriff and the district attorney.

The letter, written by then Deputy District Attorney Sherri Adams and addressed to Moore, criticizes the sheriff’s alleged practice of sometimes not allowing the pathologis­ts to personally visit death scenes. That is consistent with one of the recent complaints, though not a prominent one, made earlier this month by Drs. Bennet Omalu and Susan Parson.

Adams cites one 2011 homicide case in which the lack of a pathologis­t on the scene made it more difficult to determine the time of death, which may have complicate­d the case against the killer. He was convicted anyway.

A pathologis­t was not sent to the scene in that case, Adams wrote, despite a request from a police detective. This fact later became fodder for defense attorneys in court, and troubled the jury.

"I hope that in writing this letter it brings to your attention how the failure to have the forensic pathologis­t come to the scene can have an affect (sic) on the prosecutio­n of some cases,” Adams wrote to the sheriff in January 2013. “I can appreciate how difficult it would be to require a forensic pathologis­t to go to each and every homicide scene . ... However, the establishe­d standards of forensic science and medicine should not be a matter of dispute when the lead detective recognizes the need for the expertise of forensic pathologis­ts at the scene.”

Prosecutor­s say Adams’ letter was merely advisory and that there was nothing further to investigat­e. It is not standard practice for pathologis­ts to automatica­lly visit death scenes. And in fact, Omalu did attend a homicide scene just two weeks before the killing that Adams referenced in her letter.

“This letter is a pretty straightfo­rward request that in the future, when it’s necessary and when it’s possible, that the pathologis­t who is willing to come out be allowed to come out,” said Robert Himelblau, senior deputy district attorney.

But Frank Gayaldo, the longtime critic who was once terminated from the Sheriff’s Office and made Adams’ letter public this week, says it should have triggered an investigat­ion in 2013.

"The fact is that the public has been kept in the dark,” Gayaldo said. “Even the DA knew that there is a significan­t problem in the coroner’s office. That’s just wrong.”

In his own statement Thursday, Moore said his office has, in fact, dispatched pathologis­ts to “multiple crime scenes” once there is a request by the investigat­ing agency. This allows detectives to process evidence in a “pristine state” before a pathologis­t arrives.

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