Brown family's pathologist wants to testify

The forensic pathologist hired by Michael Brown's family said tonight that he is questioning the St. Louis County medical examiner's conclusion that the teen had gunshot residue on him after he was fatally shot by police.

Michael Baden conducted an autopsy on Brown's body in August at the request of the teen's family and concluded then that the teen could have been shot from as far away as 30 feet. A leaked copy of the St. Louis County medical examiner's autopsy report says microscopic particles of gunshot residue were found in a deep layer of skin, showing that the teen was shot once in his thumb at close range.

Baden said he wants a gunshot residue report, as well as several pieces of evidence, to draw his own conclusions. He said is willing to testify about his findings before a grand jury deciding whether to charge the officer who shot Brown.

"Gunshot residue can look very similar to ordinary dirt on the ground, and his hand, for four hours, was on the ground," Baden said. "So dirt on the ground, the body being moved when they were putting him in the body bag could create the microscopic appearance of gunshot residue."

Brown, a black 18-year-old, was unarmed when white Ferguson police officer Darren Wilson, 28, shot him on a street Aug. 9. Witnesses said Brown had raised his hands to surrender when he was shot. Wilson says Brown was reaching for his gun. The shooting and police response have drawn racially charged protests for months.

Last week, the St. Louis Post-Dispatch published a leaked copy of the St. Louis County medical examiner's autopsy report on Brown.

Judy Melinek, a forensic pathologist based in California, says she was quoted out of context in a St. Louis Post-Dispatch story that said she thought the St. Louis County medical examiner's autopsy of Michael Brown supported Officer Darren Wilson's claim that Brown was reaching for his gun.

Both Baden and Melinek, a clinical professor of pathology at the University of California at San Francisco Medical Center who was not involved in the case, say forensic science alone can't determine whether Wilson justifiably shot the teen.

"This bullet wound cannot tell whether he is reaching for the gun in offense or pulling away in defense," Baden said of the shot to Brown's thumb. "The other gunshot wounds also can't tell whether he is running away or coming forward or standing still. The bullet wounds would look the same."

Melinek said crucial missing information includes blood-spatter evidence, the number and location of bullet casings, the height of officer's weapon and other ballistic information.

Baden, a forensic pathologist, said he wants copies of the microscopic slides that show what St. Louis County has said is gunshot residue. He also wants ballistics reports, autopsy photos of Brown's body, the teen's clothing, nail clippings and swabs taken by the medical examiner, as well as crime scene reports for Wilson's police car. It is also important to access Wilson's medical records to determine whether the officer was injured.

That evidence may better explain what happened between Brown and Wilson. It would also give Baden the information he needs to testify before a grand jury if he is ever summoned to do so, Baden said.

There is one wound on the back lower right arm that could not have occurred if Brown's hands were in the air with the palms facing front, according to Melinek. "This wound could have occurred while Mr. Brown's hands were in the air but not with his palms facing front," she said. "If Mr. Brown's hands were up when this shot hit him, then the back of his right forearm would need to be facing the officer, and the arm would need to be slightly extended at the elbow, to account for the 'slightly upward' trajectory."

Baden echoed Melinek and said both autopsies show Brown's right forearm was in an upward position and the teen's back was to the officer when he was shot. Brown was also shot several times while facing the officer. Though one superficial wound is hard to assess, Baden said all gunshot wounds except the hand injury happened while Wilson was more than 2 feet away. The officer could have even been 30 feet away.

"He (Brown) could have been in a variety of different positions," said Greg McDonald, director of Philadelphia College of Osteopathic Medicine's forensic medicine program and chief consultant for the Montgomery County coroner in Pennsylvania. St. Louis County's autopsy report could help corroborate Wilson's story that Brown reached for his gun but it doesn't support the idea that the two men were wrestling for the gun as Brown was killed.

Meanwhile, based on what he has read, Baden agrees with the majority of the report and that the information released confirms the results of the autopsy he performed for the family. Both reports illustrate that Brown was shot a minimum of six times and that he could have survived all but a shot to the top of his head, Baden said.

The St. Louis County conducted an autopsy on Brown soon after his death. But following the official examination, Brown's family hired Baden to perform a second autopsy on the teen.

By the time of the second autopsy, Brown's body had been washed and embalmed. The washing could have washed away the gunshot residue soot on the body but not the tiny microscopic particles containing gunshot residue found by St. Louis County under his skin, Baden said.

"We are fairly certain — though anything can change — the shot in the thumb that has the powder in it, probably occurred inside the vehicle if there is corresponding blood splatter inside the vehicle and on the gun," Melinek said.

She stressed that there was a lot of movement between both Brown and Wilson and that both men's bodies could be in different positions from one second to the next.

"Forensic science is complex and can only tell you so much," Melinek said. "It's the grand jury's determination based on all of the data that is going to matter."

Baden said if he testified before the grand jury Brown's family and the public would get a better sense that the grand jury is being conducted fairly.

Benjamin Crump, an attorney for Brown's family, is hoping Baden will get a chance to speak to those deciding whether to charge Wilson.

"We want the grand jury to hear independent unbiased testimony," he said.