Defense Expert Calls Caylee’s Autopsy “Shoddy,” Says Manner of Death Unknown

Dr. Werner Spitz testified Saturday that the autopsy done on Caylee Anthony by the Orange County Medical Examiner’s Office was “shoddy” and stated his conclusion that the manner of Caylee’s death could not be determined.

The forensic pathologist—who said he has performed approximately 60,000 autopsies in the 56 years he has been practicing—was particularly concerned that Dr. Jan Garavaglia did not cut open Caylee’s skull, which he said was necessary for a complete autopsy.

Spitz testified for Casey Anthony’s defense team after Saturday’s first witness, forensic anthropologist Dr. William Rodriguez, had to step down from the stand because he was going to offer opinions that were not in the report he submitted to the court.

Defense attorney Jose Baez argued that Rodriguez was rebutting a prosecution expert’s demonstration showing duct tape superimposed over Caylee’s nose and mouth that the defense had not anticipated. Still, Judge Belvin Perry told him Rodriguez’s opinion about the positioning of the duct tape should have been in his report.

Perry spent several minutes reprimanding Baez, accusing both sides in the case of engaging in “game playing,” adding that “this is not a game.”

He suggested that not disclosing this information was intentional by Baez and that this was exactly the kind of situation he was trying to avoid when he ordered the experts to include all of their opinions in their reports. However, he said it would be unfair to punish Casey Anthony for her attorney’s actions by not allowing the witness to testify.

Instead, Perry decided Rodriguez would be deposed Saturday afternoon and could return to testify next week. He also threatened Baez with possible contempt proceedings after the conclusion of the trial for his behavior.

Spitz’s testimony took up the remainder of the day, with him explaining his conclusion that the manner of death was undetermined. He specifically said an accidental death could not be ruled out. Spitz also determined, partly based on sediment remaining in the skull after the decomposition process, that the skull was positioned with the left side down throughout decomposition.

He disputed Garavaglia’s conclusion that the duct tape was placed on Caylee’s head prior to decomposition. He said it was his “strong feeling” that the tape was used to hold the lower jaw in place after decomposition began. He would have expected to find DNA if the tape had been attached to skin.

Prosecutor Jeff Ashton opened a tough cross examination by basically quizzing Spitz about what he knew about the case. It turned out he did not know much—giving vague answers about the girl being missing for a month before being reported and her having been taken to a babysitter—though he claimed he read the police reports and recalled everything that was significant for performing an autopsy. He also remembered that there was a pool in the Anthony family’s yard, which meant there was a possibility of drowning.

Ashton challenged Spitz over his criticism of Garavaglia’s autopsy, asking what protocols she violated by not cutting open the skull. He suggested that she just did not do it the way Spitz thought it should have been.

He questioned Spitz’s frequent participation in high-profile cases, though Spitz responded that to him “every case is high-profile.” Spitz said he did not remember interviews he did with NBC and CBS about the case, nor did he recall what he talked about in an interview with a local reporter in Detroit earlier this week.

Ashton asked Spitz to explain how someone would have applied duct tape to the skull after it began decomposing and why there was no glue residue on the bones if that was what happened. Spitz claimed the water in the area where the remains were found would have removed the stickiness of the tape.

Spitz also suggested that the medical examiner’s office may have staged photos that showed Caylee’s hair on the top of her skull.

At the end of the day, Judge Perry told the attorneys that he was considering extending court hours after only getting through two defense witnesses in the last two days. He will make a decision early next week, but it is possible they will start going until 5:30 or 6:00 on weekdays and 3:00 on Saturdays.