Man died from hold, defense doctor says
| Wednesday, Oct 04 2006 01:29 AM
Last Updated Friday, Mar 27 2009 01:35 PM
James Moore may have been beaten by jail guards, but that's not what killed him, according to a pathologist hired by the defense attorneys for the detention deputies accused of his death.
The pathologist believes Moore died in August 2005 as a result of a carotid artery hold, which is allowed by the Kern County Sheriff's Department.
None of the defendants accused in Moore's death -- Daniel Thomas Lindini, Ralph Contreras and Roxanne Fowler -- put Moore in the hold.
The defense attorneys released a letter from the private pathologist summarizing his findings after the trial was postponed Tuesday. It is scheduled to resume March 12.
Fowler's attorney David Torres said he plans to file a motion to dismiss the case based on these findings.
Kern County coroner pathologist Debra Hanks, who performed the autopsy on Moore, believes many injuries led to his death, including severe blows to Moore's head and neck.
The prosecution contends the detention deputies beat Moore to death.
But the defense is now insisting it was a department-approved hold that killed Moore.
To put a subject in a carotid artery hold, an officer places his arm in a "V" around the person's neck and applies pressure to the carotid arteries on either side.
Detention Sgt. Randy Holtz, who placed the hold on Moore, was not charged with his death.
The defense hired Dr. Paul Herrmann from San Rafael to review the evidence, including a report of Moore's autopsy and transcripts of Hanks' testimony among other reports.
Herrmann determined that Moore died as a result of a carotid artery hold, placed on Moore well before he stopped breathing.
The defense doctor found that the hold was improperly placed and caused internal bleeding, which eventually constricted Moore's airways and caused his death.
Moore's sister Josie Chapman doesn't believe it.
"You can find someone to say anything for a price," Chapman said.
She hopes that when the jurors see the photos of her brother's injured body and hear the accounts of other officers who saw the beating, they will understand that Moore was beaten to death.
"We just kind of hope the jury will see through this," Chapman said.
Several people testified that the deputies were seen beating Moore even after he was strapped to a gurney.
Another person testified that Contreras put his hand over Moore's mouth and nose, cutting off his air for 15 to 20 seconds.
Herrmann did not address how this affected Moore.
The defense hopes that a judge will dismiss the charges based on the doctor's opinions.
"This case should never have been filed against these officers," said Torres, Fowler's attorney.
Torres and Contreras' attorney Bill Seki said the prosecution filed charges before all the information was in.
The prosecution did not return calls for comment concerning Herrmann's opinions.
Chapman said the waiting has been difficult.
"What's frustrating isn't waiting for the trial," Chapman said. "What's frustrating is that (the detention deputies) are at home with their families as if nothing is wrong and we can't do that."
