Dr. Edward R. Friedlander is Associate Professor and Chairman, Department of Pathology, University of Health Sciences, Kansas City, Missouri, and now is also Associate Medical Examiner, Jackson County, Missouri. At the time of State v. Case, he was hired as an expert witness1 by the Public Defender's Office.After having given his credentials, Friedlander agreed that Anastasia's fatal wound was a "contact wound";2 he was asked by defense attorney Horton Lance whether he could identify the type of weapon used,3 and said he could not, and that he had not seen any ballistics report.4
Upon cross examination, Dr. Friedlander clarified his earlier statement to say that it was also possible that the wound had been made by a shotgun slug.5 He also stated that the wound was consistent with a rifle, shotgun, or high-powered handgun6 (as opposed to a more common .22 handgun), in effect supporting Dr. Chase Blanchard's eariler testimony.7
EDWARD ROBERT FRIEDLANDER, M.D., having been duly sworn by the Court, testified:Page 1002 (Dr. Edward R. Friedlander direct testimony)
A.Page 1003 (Dr. Edward R. Friedlander direct testimony)Q.Edward Robert Friedlander.A.Mr. Friedlander, how old are you?Q.50.A.And where is your current employment?Q.University of Health Sciences.A.Is that in Kansas City, Missouri?Q.Yes.A.What is your employment at the university?Q.I'm chairman of the department of pathology.A.And what is the study of pathology, just briefly?Q.It's the medical specialty that brings basic science together with clinical science. It's the study of disease and injury.A.How long have you been so employed?Q.Ten years as chairman.A.And is it fair to say you basically teaching medical students then?Q.That's most of what I do.A.Teaching the field of pathology?Q.Yes.What type of education do you have to -- what's your background in pathology?
A.Page 1004 (Dr. Edward R. Friedlander direct testimony)Q.M.D. from Northwestern 1977; residency in pathology at Northwestern, Bowman Gray; board certified anatomical-clinical pathology, anatomical and clinical.A.All right. And you may have said. How long have you been teaching at the university?Q.I taught there on and off for a couple of years before becoming chair.A.And you've been chairman of the department of pathology for ten years?Q.I just got my tenure, thank you.A.Have you ever been retained as an independent expert in pathology to review case files?Q.Yes.A.Have you ever testified in federal or state court as an expert in the field of pathology?Q.Yes.A.In the specific case of State of Missouri vs. Byron Case, were you asked to look at the materials in that file?Q.Yes, by you.A.So Attorney Lance from the Public Defenders Office contacted you and asked you to look at the file?Q.Tbat's right.Were you given a copy of the entire file?
A.Page 1005 (Dr. Edward R. Friedlander direct testimony)Q.What Attorney Lance represented to me to be the entire file.A.As far as you know, right?THE COURT:I could really go for a cup of water, please.THE LAW CLERK:Would you get a cup of water, if you would, Greg.BY MR. LANCE:Sure.Q.
A.Most importantly, have you had a chance to review the autopsy report in that file?Q.Yes.A.And have you been down to the medical examiner's to review the autopsy photos?Q.Yes.A.You've read Dr. Young's findings as far as cause of death, et cetera?Q.Yes.A.Do you agree the fatal wound in this case was what's called a contact wound?Q.Yes.A.Do you dispute the autopsy findings of Dr. Young in any way?Q.No.A.Cause of death, gunshot?That's correct.
Q.Page 1006 (Dr. Edward R. Friedlander direct testimony)A.Closeness was a contact wound?Q.That's correct.A.Is there any way to determine if the fatal wound this case was caused by, let's say, a shotgun a rifle or a handgun?Q.You could tell something about what kind of ammunition was used from the wound, but it's not an exact science.A.You have had a chance to look at the file in this case; can you formulate an expert opinion as to whether a shotgun or rifle or handgun was used?Q.I can't. It was not a shotgun shell that shot many pellets.A.So we know it wasn't a pellet from a shotgun.Q.It wasn't multiple pellets from a shotgun.A.Let me rephrase the question this way: Is the fatal wound in this case consistent with the gunshot from a rifle?Q.Yes.A.Is the fatal wound in this case consistent with a gunshot from a handgun?Q.Yes.A.And is there any way for an expert pathologist to determine if one is more likely than the other?If there is, it's not something that I know. It would surprise me if that's true.
Q.Page 1007 (Dr. Edward R. Friedlander cross-examination)A.You understand there were no ballistics found in the case?Q.I don't know that for a fact. I've seen no ballistic report. All I saw was the report that a deformed bullet was found in the hair of the deceased.A.From what you read of the file -- from what you read, you didn't see any ballistics?Q.You gave me no copy of a ballistics report.A.And from everything that you studied, is there any way to formulate an expert opinion as to whether a rifle or handgun would be more likely one than the other?MR. LANCENot from the autopsy. I don't see how.THE COURT:No further questions.MR. FRY:Cross examination.CROSS EXAMINATION BY MR. FRY:Just a few questions.Q.
A.Doctor, you came to our office, and we even showed you some more photographs last week; is that right?Right. You showed me the scene photos as well, and I'm glad we got a chance to mention that.
Q.Page 1008 (Dr. Edward R. Friedlander cross-examination)A.We made everything we had available to you; is that right?Q.You showed me the four pictures that you were going to use.A.You're familiar with a shotgun shell that's a slug shotgun rather than a pellet; is that correct?Q.Yes, I am. I believe I've done two autopsies in which that was the fatal instrument.A.This shotgun shell that you can buy, instead of having normal pellets in it, it has one slug in it, right?Q.Right.A.Very powerful Slug?Q.Right.A.So when Mr. Lance asked you could this have been this injury caused our victim in this case, if it was caused by a rifle, you would say yes, correct?Q.Yes.A.And it could have also been caused by a shotgun slug fired from a shotgun?Q.Yes. I was waiting for that question from Horton -- Mr. Lance.I was too. So now that I am asking it could it have been fired by a shotgun?
A.Page 1009 (Dr. Edward R. Friedlander cross-examination)Q.Yes. It would surprise me, because I would expect the entry to be bigger, but I can't tell you that it wasn't.A.But it was contact, right?Q.Yes. That's very clear.A.And the shotgun slug, when it's a contact wound, that slug is going to be right through the head, isn't it?Q.So are the other types of ammunition.A.Right, but that shotgun slug would, right?Q.Yes, counsel.A.And it just goes right back out of the back of the head and keeps on going, doesn't it?Q.Yeah. I don't know if any such thing was found. I don't know. I got no ballistic report.A.Let me show you an autopsy photo, and I'm referring to Exhibit Number 16; is that right?Q.Yes.A.Now, that Is the back of the victim's head, isn't it?Q.That's correct.And that's consistent with the shotgun slug or the rifle bullet or a high-powered handgun bullet going right back out of that head, isn't it?
A.Page 1010 (Dr. Edward R. Friedlander cross-examination)MR. FRY:That's right.THE COURT:No further questions.MR. LANCE:Anything else, Mr. Lance?THE COURT:Judge, I believe that's all.Thank you, Doctor. Appreciate your testimony.THE COURT:(The witness was excused.)Ladies and gentlemen, let'sdo this. Let's take a lunch break. If you could be in the jury room, say 1:30 or a little after, if that works. That's about an hour and 15 minutes for lunch. Does that work for you all? Okay. And then we'll try to get started shortly after 1:30.The Court again reminds you of what you were told at the first recess of the Court. Until you retire to consider your verdict, you must not discuss this case among yourselves or with others or permit anyone to discuss it in your lmaring. You should not form or express any opinion about the case until it is finally given to you to decide. Do not read, view, or listen to any newspaper, radio, or television report of the trial.
With that being said, we'll be in recess until shortly after 1:30. All rise, please. Jury is free to go to lunch.(A noon recess was taken.)