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People v. Mertz

11/17/2005

ng the autopsy. The pathologist who performed the autopsy on McNamara described contributing causes of her death as follows: "manual strangulation, smothering by placing of the hand or hands over the mouth; hemoperitoneum, that is the presence of a large quantity of blood in the peritoneum cavity due to lacerations of the liver; and * stab cutting wound to the abdomen."


The pathologist noted one incise wound to the left side of the victim's chin, five incise wounds to her neck, one long incise wound to her abdomen-running from the base of her sternum to the top of her pubis, exposing a portion of her bowel-one incise wound between the thumb and forefinger of her left hand, another to the base of her ear, an incise wound of the vagina, an incise wound extending from the sacral area of the victim's back to her anus, three parallel incise wounds across the breadth of the victim's back, and one incise wound running the length of her back.


In addition to incise wounds, the victim had multiple bruises and contusions over various parts of her body. Bruises were so numerous they were not assigned numbers during the autopsy. McNamara had multiple contusions to her neck which, in the pathologist's opinion, might have been self-inflicted, the result of her attempts to extricate hands or other objects from around her neck. The pathologist noted bruising on the left side of the victim's neck and jaw, as well as multiple bruises and abrasions of her right elbow. Bruising was evident on the right and left sides of her mouth, on her lips, and just below her chin. The frenulum of her upper lip was torn, and bleeding was observed inside her mouth. Multiple bruises about the neck were indicative of manual or ligature strangulation. A large bruise was noted in the left hip region, and there were scattered bruises in the lower chest and upper abdominal area. Broad surface, blunt force impact had caused multiple lacerations of the liver, and significant internal bleeding. The pathologist testified that "a severe or large amount of force" is required to lacerate the liver, and such a blow would have caused the victim "a great deal" of pain. The victim had also suffered blows to the head that had resulted in "subarachnoid and subdural hemorrhage overlying the brain."


Crime scene investigation revealed that entry into the victim's apartment had been accomplished by cutting a window screen and opening an unlocked window. The victim was apparently attacked as she slept. The condition of the victim's bedroom and bathroom suggested that a struggle had begun in the victim's bedroom and continued in the bathroom, where the victim was eventually overcome. The dead or dying victim was then moved to the living room of her apartment where, in the opinion of crime scene investigator Richard Caudell, she was posed or "put on display." The victim was laid out on her back, naked, except for a bra and a T-shirt, which had been pulled up to expose her breasts. Her arms had been extended over her head, and she had been mutilated with a butcher knife after she was beyond the point of resistance. That knife was later discovered in a dumpster behind the victim's apartment building. A torn latex glove was discovered near the victim's body. The handle of a box cutter, a pair of panties, and the defendant's bent credit card were found on the hallway floor adjacent to the bedrooms and bathroom.


Defendant was subsequently questioned and denied that he knew the victim or anyone living in her apartment. He admitted he knew two females lived in the apartment because he had seen them sunbathing. Defendant said he had never been in the victim's apartment. Defendant was arrested and charged with McNamara's murder and related

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