Thursday, March 18, 2010

MISSISSIPI MEDICAL EXAMINER'S OFFICE ROCKED WITH SCANDAL ONCE AGAIN AFTER SUCCESSOR TO DR. STEVEN HAYNE IS CHARGED WITH POSSESSING MARIJUANA;

"FORENSIC MEDICAL WAS HIRED AFTER SIMPSON REMOVED DR. STEVEN HAYNE FROM THE STATE'S LIST OF APPROVED PATHOLOGISTS. HAYNE'S REMOVAL CAME AFTER THE NEW YORK-BASED INNOCENCE PROJECT ACCUSED HIM OF SLOPPY WORK AND FILED A COMPLAINT WITH THE STATE BOARD OF MEDICAL LICENSURE. AFTER EXAMINING THE ALLEGATIONS, THE BOARD SIDED WITH HAYNE, WHO NOW IS SUING INNOCENCE PROJECT OFFICIALS FOR DEFAMATION. HOWEVER, HAYNE AND HATTIESBURG DENTIST MICHAEL WEST ARE BEING SUED OVER THEIR TESTIMONY ABOUT A 1992 RAPE AND SLAYING OF A 3-YEAR-OLD GIRL THAT LED TO THE DEATH SENTENCE FOR KENNEDY BREWER. BREWER, WHO IS SUING THE TWO FOR $18 MILLION, WAS FREED AFTER SPENDING 15 YEARS IN PRISON FOR A CRIME AUTHORITIES NOW SAY DNA SHOWS HE DID NOT COMMIT. ANOTHER MAN HAS BEEN CHARGED WITH THAT CRIME. THE ANNOUNCEMENT OF LEVY'S ARREST CAME ON THE SAME DAY THE MISSISSIPPI HOUSE OF REPRESENTATIVES PASSED A BILL THAT WOULD RAISE THE STANDARDS FOR FUTURE STATE MEDICAL EXAMINERS. "THAT ONLY SHOWS EVEN MORE WHY WE NEED TO PAY SOMEONE IN MISSISSIPPI TO ESTABLISH A FORENSIC LAB HERE THAT HAS QUALIFIED PEOPLE," REP. JOHN MAYO, D-CLARKSDALE, SAID ABOUT THE ARREST AND NEED FOR THE BILL TO BECOME LAW."

REPORTER NICKLAUS LOVELADY: THE CLARION-LEDGER; (Wikipedia informs us that, "The Clarion-Ledger is the Pulitzer Prize winning daily newspaper of Jackson, Mississippi. It is the second oldest company in the state of Mississippi and is one of only a few newspapers in the nation that continues to circulate statewide."

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"The Mississippi Department of Public Safety soon will dump a Tennessee company contracted to perform autopsies after its owner was charged with felony marijuana possession," the Clarion Ledger story, published earlier today begins, under the heading, "State to drop autopsy firm: Owner arrested on felony drug charge at Ridgeland hotel."

"The arrest of Dr. Bruce Levy at a Ridgeland hotel on Tuesday is the latest trouble for the Mississippi medical examiner's office," the story continues.

"Mississippi Bureau of Narcotics agents arrested Levy after a drug dog discovered a package addressed to the doctor containing less than an ounce of marijuana at an unspecified courier service, DPS spokesman Jon Kalahar said.

"Upon execution of a search warrant of the suspect's hotel room, several more small containers of marijuana were found," DPS said in a statement.

Levy was released Wednesday on a $25,000 bond after appearing in Madison County Justice Court. A court date has not been set.

Court officials could not provide the name of Levy's attorney, and the doctor was not available for comment.

Levy is the chief executive officer of Nashville-based Forensic Medical and its subsidiary, Global Forensics, in Mississippi.

He is one of six pathologists contracted by the state in 2008 to carry out the duties of the medical examiner.

The state pays the company $1,000 per autopsy, and the pathologists use space at the state Crime Lab in Jackson.

The company rotates a pathologist every week to travel to Mississippi to perform autopsies, Forensic Medical spokesman Brannan Atkinson said.

He estimated Levy visited Mississippi once every two months.

Levy also serves as the state medical examiner in Tennessee and in Metropolitan Nashville-Davidson County, according to his company's Web site.

"We have spoken with our clients and assured them that Forensic Medical will continue to provide day-to-day services without interruption, and with professionalism, care and urgency," the company said in a statement.

The Tennessee Department of Health announced Wednesday it would terminate its contract with Levy.

Mississippi Public Safety Commissioner Stephen Simpson has suspended Levy and is terminating the state's contract with Global Forensics.
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"We believe this to be an isolated case within Global Forensics. No medical examination services at the state medical examiner's office will be interrupted by the arrest, but let this serve as notice that no one is exempt from our commitment to fight illegal drugs wherever found," Simpson said in a statement.

Kalahar said the five remaining Global Forensics pathologists will continue to perform autopsies until a new contract is awarded. He expected a new company to be chosen by the end of April.

Forensic Medical was hired after Simpson removed Dr. Steven Hayne from the state's list of approved pathologists.

Hayne's removal came after the New York-based Innocence Project accused him of sloppy work and filed a complaint with the state Board of Medical Licensure.

After examining the allegations, the board sided with Hayne, who now is suing Innocence Project officials for defamation.

However, Hayne and Hattiesburg dentist Michael West are being sued over their testimony about a 1992 rape and slaying of a 3-year-old girl that led to the death sentence for Kennedy Brewer.

Brewer, who is suing the two for $18 million, was freed after spending 15 years in prison for a crime authorities now say DNA shows he did not commit.

Another man has been charged with that crime.

The announcement of Levy's arrest came on the same day the Mississippi House of Representatives passed a bill that would raise the standards for future state medical examiners.

"That only shows even more why we need to pay someone in Mississippi to establish a forensic lab here that has qualified people," Rep. John Mayo, D-Clarksdale, said about the arrest and need for the bill to become law.

The bill, which has been sent to the governor's office, requires the medical examiner and anyone else chosen to perform an autopsy for the state be certified in forensic pathology by the American Board of Pathology.

However, a noncertified doctor would be allowed to perform an autopsy if a board-certified pathologist isn't available.

The bill includes other educational and licensing requirements.

Mayo said the tougher requirements would help eliminate the number of people wrongfully convicted based on "faulty forensic evidence" like Brewer.

"If we condemn someone to death, we should be 100 percent certain that our forensic evidence is accurate," Mayo said.
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"We believe this to be an isolated case within Global Forensics. No medical examination services at the state medical examiner's office will be interrupted by the arrest, but let this serve as notice that no one is exempt from our commitment to fight illegal drugs wherever found," Simpson said in a statement.

Kalahar said the five remaining Global Forensics pathologists will continue to perform autopsies until a new contract is awarded. He expected a new company to be chosen by the end of April.

Forensic Medical was hired after Simpson removed Dr. Steven Hayne from the state's list of approved pathologists.

Hayne's removal came after the New York-based Innocence Project accused him of sloppy work and filed a complaint with the state Board of Medical Licensure.

After examining the allegations, the board sided with Hayne, who now is suing Innocence Project officials for defamation.

However, Hayne and Hattiesburg dentist Michael West are being sued over their testimony about a 1992 rape and slaying of a 3-year-old girl that led to the death sentence for Kennedy Brewer.

Brewer, who is suing the two for $18 million, was freed after spending 15 years in prison for a crime authorities now say DNA shows he did not commit.

Another man has been charged with that crime.

The announcement of Levy's arrest came on the same day the Mississippi House of Representatives passed a bill that would raise the standards for future state medical examiners.

"That only shows even more why we need to pay someone in Mississippi to establish a forensic lab here that has qualified people," Rep. John Mayo, D-Clarksdale, said about the arrest and need for the bill to become law.

The bill, which has been sent to the governor's office, requires the medical examiner and anyone else chosen to perform an autopsy for the state be certified in forensic pathology by the American Board of Pathology.

However, a noncertified doctor would be allowed to perform an autopsy if a board-certified pathologist isn't available.

The bill includes other educational and licensing requirements.

Mayo said the tougher requirements would help eliminate the number of people wrongfully convicted based on "faulty forensic evidence" like Brewer.

"If we condemn someone to death, we should be 100 percent certain that our forensic evidence is accurate," Mayo said.

Staff writer Kathleen Baydala and The Associated Press contributed to this report."

The story can be found at:

http://www.clarionledger.com/article/20100318/NEWS/3180350/State+to+drop+autopsy+firm

Harold Levy...hlevy15@gmail.com;