Dr. Peter Speth writes that laws require medical examiners to take quick charge of death scenes.
To the Editor:
In response to the article, "Case against dad charged in tot's death won't be dismissed," concerning charges against David Creato Jr.:
Creato is charged with killing his 3-year-old son, Brendan, in Haddon Township.
The article states that Camden County Assistant Prosecutor Christine Shah told a judge that (county Medical Examiner Dr. Gerald) "Feigin did follow the state's Medical Examiner Act," in response to a defense claim that the medical examiner "did not promptly take charge" of Brendan's body and the scene where it was found.
Shah is entirely wrong!
A state statute, written in response to a State Commission of Investigation report, required that Dr. Feigin respond immediately to the Creato scene and conduct a full investigation at an undisturbed scene.
I am incredulous that Shah is apparently ignorant of a law that she is sworn to enforce. To quote from NJSA 52:17B-87: "Immediately upon receipt of such notification, the said medical examiner or his deputy or assistant shall go to the dead body and take charge of the same."
Some would cite administrative codes that stating that medical examiners need not go immediately to scenes -- but, statutes pre-empt codes.
And, there should be no confusion about the qualifications of "deputy" or "assistant" -- certainly such is not a funeral director investigator. NJSA 52:17B-84 states, "...deputy and assistant county medical examiners shall be licensed physicians."
New Jersey has not had a confirmed state medical examiner since 2003, which violates state law. Instead, there is supervision by deputy attorneys general with have forensic pathology training or expertise. They preside over prosecutors, a series of "acting" state medical examiners who have come and gone, and doctors like Feigin.
They all continue to flout the law. The Creato case, along with the disputed findings in the Somerset County deaths of John and Joyce Sheridan, are examples of the resulting chaos, but they probably represent only the tip of the iceberg.
Pete Speth, M.D.
Wenonah
Note: The writer is a board-certified forensic pathologist and a former assistant New Jersey state medical examiner.
Send a letter to the editor of South Jersey Times at sjletters@njadvancemedia.com