THE idea that Dr. Philip A. Dauterman changed his findings at the request of the Office of the Attorney General is “blatantly false,” as there was “no nefarious collusion,” Chief Prosecutor Chester Hinds said during a motion hearing on Friday.
The OAG-Criminal Division is opposing the defense’s motion for exclusion of Dauterman’s testimony.
Defense attorney Joey McDoulett said the Superior Court should exclude the doctor’s second autopsy report from being admitted as evidence in the jury trial of his client, Calvin Tagabuel.
Judge Joseph N. Camacho, who is presiding over the jury trial that started on Feb. 11, 2025, placed under advisement the defense’s motion after hearing from both parties.
Judge Camacho said he will issue a ruling on the motion in the morning, today, March 3, 2025.
In a 15-page motion filed on Wednesday, McDoulett said the second autopsy report prepared by the prosecution expert, Dr. Dauterman, “is inherently tainted by undue prosecutorial influence [and] lacks the requisite independence required of an autopsy report.”
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. Tagabuel was charged with second-degree murder, which he denied.
Dauterman’s autopsy report on Jan. 18, 2024 stated:
“There are two separate skull fractures. One is on the right side, predominantly on the front but extending to the side and back of the skull on the right. The other fracture is on the left back of the head. This is not consistent with a fall from a standing position. A fall from a standing position would not produce enough force to break the skull in two places. This amount of force would require at least 2 blows to the head, or a fall from height (second or third floor to ground landing on the head). For this reason, I do not believe the death to be an accident but instead a homicide where the decedent was [struck] at least twice on the head with great force.”
But in the revised autopsy report, he stated:
“The patient had head CT scans while hospitalized. These CT scans [were] reviewed on 1/24/24 with the CHC radiologists. CT scans show the two skull fractures converge on the vertex of the head. This is consistent with the reported history of a fall with the vertex of the head hitting a concrete floor.”
Sound medical training
In its opposition to the defense’s motion, the prosecution stated: “Dr. Dauterman’s findings were all based on sound medical training using accepted medical practices. Dr. Dauterman issued an autopsy report on Jan. 18, 2024. Dr. Dauterman was presented with new evidence on Jan. 24, 2024. Also on Jan. 24, Dr. Dauterman reviewed the CT scans, the autopsy pictures, and spoke to the radiologist to evaluate his findings. He then issued a second autopsy report on Jan. 25, 2024.”
The prosecution noted that on Feb. 4, 2024, an investigator from the defense asked Dauterman if he was aware that the victim had been involved in other altercations.
“Dr. Dauterman did not ignore the defense’s theory but considered it by reviewing the video footage again to again evaluate his findings and to make sure he had been correct in his report,” the prosecution stated.
According to the prosecution, the argument that Dauterman’s autopsy findings are the product of his meeting with the OAG where he viewed the surveillance footage fails to show that Dauterman’s findings are not based on sufficient facts and data.
“Dr. Dauterman based both his autopsy reports, even the second, final report, using his medical training and expertise. Dr. Dauterman made observations while performing the autopsy and then used his medical training to explain his observations in his autopsy reports. Dr. Dauterman’s report evolved as time progressed and more facts became available to him, including facts that became available to him by meeting with the government and viewing the surveillance footage. The knowledge gained from these meetings only served to fill in the cracks and make the report become more detailed and more accurate, not to be the foundation for the report,” the prosecution stated.
It added that there is no prosecutorial misconduct in this case.
“The Commonwealth has no duty to disclose to the defense a list of all meetings it has conducted, including the meeting it conducted with Dr. Dauterman and [the Department of Public Safety],” the prosecution said.
“The changes between the autopsy reports are potentially relevant which is why the Commonwealth provided the reports to the defendant. It is incumbent upon the defendant’s counsel to elicit this information during the trial, which he now has, and then to use said information how he chooses during trial. There has been no Brady violation,” the prosecution added.
A Brady violation occurs when a prosecutor fails to disclose evidence that is favorable to a defendant in a criminal case. This includes any exculpatory or impeaching evidence that could potentially exonerate the defendant or reduce their sentence. The requirement for such disclosure was established by the U.S. Supreme Court in Brady v. Maryland (1963).
Seated at the defense table with McDoulett was investigator Jeremy Wolfe while Assistant Attorney General Heather Barcinas is prosecuting the case alongside Hinds. AAG Daniel Johnson drafted the prosecution’s opposition to the motion to exclude expert testimony.
If the court allows Dr. Dauterman’s expert testimony, he will be the 14th witness for the government. These government witnesses have testified in the trial so far: 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; Dr. Rodney H. Klassen, ER physician; and Dr. John M. Yarofalir, CHCC general surgeon.
Variety learned that the defense will also call its own expert witness.
The jury trial will resume today at 9 a.m.
