DEFENSE attorney Joey McDoulett has asked the Superior Court to exclude Dr. Phillip Dauterman’s autopsy report testimony, citing “undue prosecutorial influence” in Calvin Tagabuel’s second-degree murder trial.
Tagabuel, 48, is accused of causing Lark Kasian’s death by delivering a single punch to Kasian’s face, rendering him unconscious and causing him to fall on the concrete floor, where he struck the back of his head.
McDoulett, who represents Tagabuel, said Dauterman issued two differing autopsy reports regarding Kasian’s cause of death.
The lawyer said that according to the autopsy report dated Jan. 18, 2024, “There are two separate skull fractures. One is on the right side predominantly on the front extending to the side and back of the skull; the other fracture is on the left of the back of the head.”
“This is not consistent from a fall from a standing position,” the report added. “A fall from a standing position would not produce enough force to break the skull in two places. This amount of force would at least require two blows to the head…or fall from a height of a second or third floor to the ground.”
McDoulett said the other autopsy report stated that the “patient had CT scans while hospitalized, [and] these scans…show the two skull fractures converged on the vortex of the head. This is consistent with a fall hitting a concrete floor.”
McDoulett said the report “doesn’t mention the fact that [the] other conclusion was based on a viewing of a video that was provided by investigators and the prosecution.”
McDoulett also noted “some inconsistencies” in the autopsy reports, which, among other things, identified a rib fracture and the collapse of the left lung.
He said the “most likely explanation was when the rib broke, it was pushed across the midline and punctured the left lung…. The other report stated the same thing, except there’s one additional sentence: ‘This could have resulted from cardio pulmonary resuscitation while the patient was admitted at the hospital.’ ”
For his part, Chief Prosecutor Chester Hinds said experts can rely on information regardless of the source.
“That is the method of doing an autopsy, putting pieces of the puzzle together to determine the cause of death,” Hinds added.
In his autopsy report, Dauterman stated that the cause of death was severe brain injury, and that “the skull fracture comes from a single blow.”
After hearing from both parties, Judge Joseph N. Camacho scheduled a motion hearing for Friday, Feb. 28 at 3 p.m.
He ordered the defense to file a written motion by Feb. 26 and the prosecution to file its opposition on Feb. 27.
Judge Camacho also ordered jurors to return to court on Monday, March 3, at 9 a.m. for the trial continuation.
Dr. John Yarofair, a government witness, was called to testify on Tuesday, Feb. 25.
Twelve other government witnesses have testified in the trial: George Babauta, DPS officer; Joseph Cing, EMT; Mary Louise Tanaka, DPS evidence custodian and crime scene technician; Shannon Dela Cruz, DPS detective; MD Jakir Hossain, Cool Laundry security guard; Krizel Macaspac and Marites Cadag, Cool Laundry cashiers; David Norita and Todson Sachuo; Ricky Jones; Shanalyn Williams; and Dr. Rodney Klassen, ER physician.