Autopsy findings

Despite the policy of the Chief Medical Examiner to hold autopsies in all pediatric intra-operative deaths, an autopsy was not held because Gary's family objected. Charlotte Caribou testified that she withheld her consent because she felt that "they cut him up enough." (Evidence, page 1,955) Her wishes were respected.

It is hard to disagree with the Chief Medical Examiner's decision to respect the wishes of the mother of the dead child. The Chief Medical Examiner, Dr. Peter Markestyn, testified that wishes of the family would be respected if sufficient information as to the cause of death was otherwise available and the attending doctor was prepared to certify the cause of death. In Gary's case, Odim had indicated to the CME's office that he was prepared to certify Gary's cause of death. He wrote that Gary died of cardiac failure (Exhibit 5, page CAR 14).