Testimony and cross-examination of Dr. Edward R.

Friedlander
State of Missouri v. Byron Case
May 1, 2002.
Pages 1001-1010
Direct examination by Mr. Lance
Cross examination by Mr. Fry

Page 1001 (Dr. Edward R. Friedlander testimony)

EDWARD ROBERT FRIEDLANDER, M.D., having been duly sworn by the Court, testified:

DIRECT EXAMINATION BY MR. LANCE:

Q.

Dr. Friedlander, I'm going to ask you to turn and face the jury. For the record, please state your
name?

Page 1002 (Dr. Edward R. Friedlander testimony)

A.

Edward Robert Friedlander.

Q.

Mr. Friedlander, how old are you?

A.

50.

Q.

And where is your current employment?

A.

University of Health Sciences.

Q.

Is that in Kansas City, Missouri?

A.

Yes.

Q.

What is your employment at the university?

A.

I'm chairman of the department of pathology.

 Q.

And what is the study of pathology, just briefly?

A.

It's the medical specialty that brings basic science together with clinical science. It's the study of
disease and injury.

Q.

How long have you been so employed?

A.

Ten years as chairman.

Q.

And is it fair to say you basically teaching medical students then?

A.

That's most of what I do.

Q.

Teaching the field of pathology?

A.

Yes.

Q.

What type of education do you have to -- what's your background in pathology?

Page 1003 (Dr. Edward R. Friedlander testimony)

A.

M.D. from Northwestern 1977; residency in pathology at Northwestern, Bowman Gray; board
certified anatomical-clinical pathology, anatomical and clinical.

Q.

All right. And you may have said. How long have you been teaching at the university?

A.

I taught there on and off for a couple of years before becoming chair.

Q.

And you've been chairman of the department of pathology for ten years?
 A.

I just got my tenure, thank you.

Q.

Have you ever been retained as an independent expert in pathology to review case files?

A.

Yes.

Q.

Have you ever testified in federal or state court as an expert in the field of pathology?

A.

Yes.

Q.

In the specific case of State of Missouri vs. Byron Case, were you asked to look at the materials in
that file?

A.

Yes, by you.

Q.

So Attorney Lance from the Public Defenders Office contacted you and asked you to look at the
file?

A.

That's right.

Q.

Were you given a copy of the entire file?

Page 1004 (Dr. Edward R. Friedlander testimony)

A.

What Attorney Lance represented to me to be the entire file.

Q.

As far as you know, right?

A.

I could really go for a cup of water, please.

THE COURT:

Would you get a cup of water, if you would, Greg.

THE LAW CLERK:

Sure.

BY MR. LANCE:

Q.

Most importantly, have you had a chance to review the autopsy report in that file?

A.

Yes.

Q.

And have you been down to the medical examiner's to review the autopsy photos?

A.

Yes.

Q.

You've read Dr. Young's findings as far as cause of death, et cetera?

A.

Yes.

Q.

Do you agree the fatal wound in this case was what's called a contact wound?

A.

Yes.

Q.

Do you dispute the autopsy findings of Dr. Young in any way?

A.

No.

Q.

Cause of death, gunshot?

A.
 That's correct.

Page 1005 (Dr. Edward R. Friedlander testimony)

Q.

Closeness was a contact wound?

A.

That's correct.

Q.

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?

A.

You could tell something about what kind of ammunition was used from the wound, but it's not an
exact science.

Q.

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?

A.

I can't. It was not a shotgun shell that shot many pellets.

Q.

So we know it wasn't a pellet from a shotgun.

A.

It wasn't multiple pellets from a shotgun.

Q.

Let me rephrase the question this way: Is the fatal wound in this case consistent with the gunshot
from a rifle?

A.

Yes.

Q.

Is the fatal wound in this case consistent with a gunshot from a handgun?

A.

Yes.
 Q.

And is there any way for an expert pathologist to determine if one is more likely than the other?

A.

If there is, it's not something that I know. It would surprise me if that's true.

Page 1006 (Dr. Edward R. Friedlander testimony)

Q.

You understand there were no ballistics found in the case?

A.

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.

Q.

From what you read of the file -- from what you read, you didn't see any ballistics?

A.

You gave me no copy of a ballistics report.

Q.

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?

A.

Not from the autopsy. I don't see how.

MR. LANCE

No further questions.

THE COURT:

Cross examination.

MR. FRY:

Just a few questions.

CROSS EXAMINATION BY MR. FRY:

Q.

Doctor, you came to our office, and we even showed you some more photographs last week; is that
right?

A.
 Right. You showed me the scene photos as well, and I'm glad we got a chance to mention that.

Page 1007 (Dr. Edward R. Friedlander testimony)

Q.

We made everything we had available to you; is that right?

A.

You showed me the four pictures that you were going to use.

Q.

You're familiar with a shotgun shell that's a slug shotgun rather than a pellet; is that correct?

A.

Yes, I am. I believe I've done two autopsies in which that was the fatal instrument.

Q.

This shotgun shell that you can buy, instead of having normal pellets in it, it has one slug in it,
right?

A.

Right.

Q.

Very powerful Slug?

A.

Right.

Q.

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?

A.

Yes.

Q.

And it could have also been caused by a shotgun slug fired from a shotgun?

A.

Yes. I was waiting for that question from Horton -- Mr. Lance.

Q.
 I was too. So now that I am asking it could it have been fired by a shotgun?

Page 1008 (Dr. Edward R. Friedlander testimony)

A.

Yes. It would surprise me, because I would expect the entry to be bigger, but I can't tell you that it
wasn't.

Q.

But it was contact, right?

A.

Yes. That's very clear.

Q.

And the shotgun slug, when it's a contact wound, that slug is going to be right through the head, isn't
it?

A.

So are the other types of ammunition.

Q.

Right, but that shotgun slug would, right?

A.

Yes, counsel.

Q.

And it just goes right back out of the back of the head and keeps on going, doesn't it?

A.

Yeah. I don't know if any such thing was found. I don't know. I got no ballistic report.

Q.

Let me show you an autopsy photo, and I'm referring to Exhibit Number 16; is that right?

A.

Yes.

Q.

Now, that Is the back of the victim's head, isn't it?

A.
 That's correct.

Q.

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?

Page 1009 (Dr. Edward R. Friedlander testimony)

A.

That's right.

MR. FRY:

No further questions.

THE COURT:

Anything else, Mr. Lance?

MR. LANCE:

Judge, I believe that's all.

THE COURT:

Thank you, Doctor. Appreciate your testimony.

(The witness was excused.)

THE COURT:

Ladies and gentlemen, let's do 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 hearing. 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.

Page 1010 (Dr. Edward R. Friedlander testimony)

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.)