Oct 1, 2015

Criminalist testifies about "shiv or makeshift knife" found and forensic pathologist testifies about the brutal wounds on victims in Arreaga case

On Tuesday, September 29, Dale Cloutier, senior criminalist, at the DOJ who was present at the crime scene and analyzed the firearm testified all morning today in the Jason Arreaga trial. He testified that the bullets found in the victims matched the gun found in a lockbox in Arreaga's car. There was also testimony about two folding knives in that lockbox.

On Wednesday, September 30. Cloutier's testimony was deferred to later in the morning after forensic pathologist Dr. Mark Super testified. I was in court for Dr. Super's testimony but I was not for Mr. Cloutier's testimony since I was covering the Jason Warren jury selection. Highlights of Mr. Cloutier's testimony were provided to me by Paul Mann of the Mad River Union.

During cross examination by Ms. Heidi Holmquist, who represents Arreaga, Mr. Cloutier said he did not do an extensive search in the Honda Civic, the car next to which Angel Tully's body was found.

While he looked at one side of the trailer, Mr. Cloutier told Ms. Holmquist that he did not look around the entire trailer and he did not go inside. Mr. Cloutier also did not look in the structure that Deputy District Attorney Zachary Curtis described as a "shop shed." Ms. Holmquist questioned him about an axe that was out in the yard area.

Mr. Cloutier swabbed for blood from the passenger seat of the Honda civic.

In the pocket of the black jacket that was on top of Tully's body, Mr. Cloutier found a bright pink object that he identified as a metal comb to "look like a shiv or a makeshift knife."

Ms. Holmquist asked him, "a homemade weapon modified to look like a knife?" He responded in the affirmative.

Dr. Super said he did both autopsies for Harley Hammers and Angel Tully on the same day. He did the Hammers autopsy at 8:30 a.m. and Tully autopsy at 1 p.m. in the afternoon. Mr. Cloutier was present for both autopsies.

DDA Curtis showed a photo to Dr. Super and asked him about Tully's autopsy first. Dr. Super said the photo was of Tully's front torso with a gun shot on the midd upper abdomen. He said she had an unique tattoo near her belly button.

In response to a question by Mr. Curtis, Dr. Super said, "In Humboldt, x-rays are taken at medical facilities." He reviewed those x-rays and saw bullet fragments and jackets in Tully's torso.

Both gunshot wounds on Tully were entrance wounds. Dr. Super said he did not know which gunshot wound occurred first but for the purpose of his report, he labeled the Wounds as one and two.

The first wound on Tully was "right below her breast bone, it perforated her liver, tore a hole into her aorta and struck her left adrenal gland, went into soft tissue " and a bullet was "recovered from low back area."

Mr. Curtis asked if "this was survivable."

Dr. Super responded "If one was shot near the ER door. I can't say no one has survived such a wound. It is a significant, serious injury."

Dr. Super then described that this abdomen wound "went from front to back, from right to left." He said in an autopsy, he cannot tell what position the victim was when shot. Using a pointer ( which was a pool cue) he demonstrated the angles on Mr. Curtis.

The second wound on Tully was in her right shoulder area. It "shredded her shoulder blade back to front, entered right chest, broke her rib, perforated right lung and hit the heart. The bullet separated from the lead core and copper jacket and the core burrowed into her heart into the left chamber."

Dr. Super said there bruises on Tully, some new and some healing. "A cluster of small bruises on right lower leg, small scratch on right lower leg." He described other bruises on her body, referring to specific areas on her thighs and legs.

Mr. Curtis then showed Dr. Super a photo of Harley Hammers. Dr. Super said that photo was of his "anterior torso, front of upper arm and you could see one of the gunshot wounds." Dr. Super said there were three gunshots on Hammers' body.

Referring to that first wound, Dr. Super said, "the bullet that caused this struck the left upper abdomen just below the rib cage coursing through right, struck liver and went through soft tissue."

The second wound was on Hammers' back, "his left middle back., struck his left lung, and the bullet was found in the soft tissue of his left chest."

The third wound was "a through and through wound in the right thigh and went through soft tissue, exited inside surface of right thigh."

Mr. Curtis asked if Hammers' wound s were "survivable."

Dr. Super responded, "Liver and left lung, two vital organs were struck. Survivable but also fatal."

Mr. Curtis asked if someone with such wounds could possibly walk some distance and drive.

Dr. Super said "nothing about these wounds would immediately incapacitate."

Dr. Super said that Tully's aorta was struck so she had less time than Hammers but would not have been immediately incapacitated.

Regarding Hammers, Dr. Super testified that there were "minor abrasions and stipple marks on his lower legs and ankle areas" that may have been caused by debris.

For Tully, he noticed what may have been gunpowder stippling near one wound.


2 comments:

  1. Pronounced the same, but I believe it's spelled "Shiv".

    ReplyDelete
    Replies
    1. You are correct but I could not resist the pun. I will change it in the title and post.

      Delete

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