Strangulation of pregnant woman leads to one first-degree murder indictment for the death of the mother: a medicolegal reconsideration of maternal/fetal/homicide.

A Hispanic woman, 7 1/4, to 7 1/2 lunar months pregnant, was strangled to death by her common-law husband. After receiving information from an informant, a reporter uncovered the remains of the woman and fetus in a grave in a river bank near Eloy, Arizona. The remains were submitted by local law enforcement officials to the forensic pathologist for medicolegal examination. After this analysis, they were turned over to the consulting forensic anthropologist for positive identification of the mother and for fetal age determination to assess possible viability. During the 1970s and 1980s, viability for a fetus of this age was thought possible, although not probable. Prosecution of the common-law husband on the charge of first-degree murder of his wife was successful, whereas a comparable charge for the fetus was not sought. Many issues are raised, including gestational age estimation in relation to fetal viability. Fetal age is reassessed by means of measurements from diaphyseal lengths. These measurements allowed for comparability of fetal age estimations between published studies, with discussion of changing dates of fetal viability made possible through technologic advances. Because fetal viability changes with these advances, it is necessary to establish and update the guidelines for medicolegal practice.

Calculation of percent shrinkage in human fetal diaphyseal lengths from fresh bone to carbonized and calcined bone using Petersohn and Köhler's data.

Calculation of age from fetal and newborn remains may be problematic, and when these remains are altered by maceration, decomposition or burning, age may be more difficult to discern. When soft tissue indicators are transformed, then two techniques exist for accurate age determination; dental development, which may prove difficult given the degree of tissue alteration; and appearance, size and fusion of ossification centers, including diaphyseal length, which may yield inaccurate ages if shrinkage is not accounted for. This study is undertaken to facilitate age calculation by systematically re-evaluating diaphyseal shrinkage and determine shrinkage rates from wet to carbonized states and wet to calcined states using Petersohn and Köhler's data, originally published in German and then published in Fazekas and Kósa (1978:362-369). Average shrinkage, standard deviation, minimum and maximum values are calculated for each diaphysis and then for all diaphyses between 4-10 lunar months (LM) and for newborns. Associated values for carbonized diaphyses are: 4 LM--32.50% +/- 12.12%; 5 LM--14.04% +/- 4.44%; 6 LM--6.78% +/- 1.06%; 7 LM--4.18% +/- 0.31%; 8 LM--3.47% +/- 0.42%; 9 LM--3.05% +/- 0.18%; 10 LM--2.46% +/- 0.67%; and in newborns 2.16% +/- 0.29%. Similar values for calcined diaphyses are: 4 LM--40.11% +/- 17.51%; 5 LM--18.29% +/- 4.42%; 6 LM--9.84% +/- 1.27%; 7 LM--9.82% +/- 0.51%; 8 LM--9.42% +/- 0.72%; 9 LM--9.45% +/- 0.33%; 10 LM--8.94% +/- 0.37%; and in newborns 8.96% +/- 0.49%. These findings suggest that percent shrinkage due to carbonization and calcination is greatest in the earliest age groups, decreasing substantially with advancing age. The rates of shrinkage, however, vary by the burning process utilized and age group studied. These general findings are similar to those of Petersohn and Köhler, yet specific values for percent shrinkage vary greatly from values cited in this analysis. These data provide a means to assess the degree of shrinkage that occurs for each diaphysis for each given age group.

Determination of gestational age from lunar age assessments in human fetal remains.

Occasionally forensic fetal remains are submitted to the office of the medical examiner for age determination. A variety of literature and many techniques are available for this assessment depending upon the overall condition of the remains. If one uses traditional forensic anthropological sources, then age is calculated in lunar months; if one uses other sources--embryological, anthropological and sonographic--then age is reported as gestational weeks. For comparison between ages derived from these various studies, especially in cases involving age assessments of incomplete fetal remains that may be partially damaged by taphonomic factors, it is necessary to convert between lunar age and gestational age. The objective of this study is to present a conversion table for exact correspondence between lunar months and gestational weeks from the point of conception to term. This information is useful for developing a forensic profile at any gestational age as well as providing a means to assess the probability of viability at the time of death.

Analysis of shrinkage in human fetal diaphyseal lengths from fresh to dry bone using Petersohn and Köhler's data.

Calculation of gestational age from forensic fetal remains may be problematic. If soft-tissue indicators are not available, then diaphyseal lengths obtained through sonograms on living fetuses in utero or radiographs of long bones can be compared to known European standards, such as Fazekas and Kósa (1978) and Olivier and Pineau (1958, 1960). Radiographic comparison to these European standards, however, requires a correction factor for diaphyseal shrinkage from fresh to dry states. Percent shrinkage is calculated for six diaphyses (humerus, ulna, radius, femur, tibia and fibula) from Petersohn and Köhler's data published in Fazekas and Kósa (1978:362-369). Average shrinkage, standard deviation, minimum and maximum values are calculated for each diaphysis and for all diaphyses during 4-10 lunar months (LM) and newborns. Corresponding average and standard deviation values are as follows: 4 LM-10.09% +/- 2.67%; 5 LM-5.74% +/- 0.84%; 6 LM-3.48% +/- 0.49%; 7 LM-2.32% +/- 0.16%; 8 LM-2.18% +/- 0.51%; 9 LM-1.76% +/- 0.14%; 10 LM-1.90% +/- 0.59%; and newborns-1.28% +/- 0.55%. Analysis of these values suggests that percent shrinkage steadily declines as the fetus ages. This pattern presumably reflects calcification of bone during growth and development in utero. These findings demonstrate a significant shrinkage in the diaphysis early in development, which may alter accurate age estimation in the earliest fetal age groups.

Comparability of gestational age values derived from diaphyseal length and foot length from known forensic foetal remains.

A partially macerated human male foetus was submitted to the Human Identification Laboratory at The University of Arizona for the purpose of gestational age determination. This paper compares radiographic diaphyseal length of most long bones to foot length as measured from the forensic case submitted for analysis. The methods included radiography of complete antebrachial and crural segments and foot length measurements. As calculated from ulnar, radial, tibial and fibular diaphyseal length, gestational age was estimated to be between 25 and 28 lunar weeks (between 22 and 25 gestational weeks), while age determined from foot length was between late 23 and early 26 gestational weeks. These results highlight a general correspondence in age estimation between these two techniques. Case history obtained after this analysis confirmed an age of 23 weeks and 6 days based on ultrasonographic criteria. The correspondence between these techniques is significant, since either technique yields approximately the same gestational age. Accuracy of gestational age determination is essential to assess foetal viability. While national laws vary regarding foetal remains, courses of appropriate medicolegal action are contingent upon the determination of foetal viability.

Alleged forgery of sonography report leads to elective abortion of late 23 week-old fetus.

In this case report, a very obese young woman who claimed to be 17 gestational weeks into pregnancy, sought an elective abortion. Upon dilation and curettage, the doctor assessed the fetal remains to be nearly 26 gestational weeks. After contacting local authorities, who turned the case over to the Office of the Medical Examiner, the doctor determined that the woman had apparently forged her sonography report from the radiology clinic. She was thus able to obtain an abortion at more than 23 gestational weeks. While abortion laws vary from state to state, most doctors are reluctant to perform an abortion on a woman so far into term, since serious medical complications may arise and fetal viability must be considered. This case history may demonstrate the importance of independent confirmation of gestational age prior to such a procedure.

Technical note: error in Olivier and Pineau's regression formulae for calculation of stature and lunar age from radial diaphyseal length in forensic fetal remains.

Stewart ([1979] Essentials of Forensic Anthropology, pp. 128-131) cites five regression formulae presented by Olivier and Pineau ([1960] Ann. Méd. Lég. 40:141-144) for estimation of fetal stature from diaphyseal length. Of these formulae, one appears problematic: the formula for calculation of stature from the radius yields values which suggest the fetus has a much greater crown-heel (CH) length than do the remaining formulae for the diaphyses of other long bones. Moreover, when this stature estimate, so derived, is then inserted into these authors' earlier general formula for estimation of lunar age (Olivier and Pineau [1958] Arch. Anat. 6:21-28) the error is compounded. A fetus is now indicated to be nearly a trimester older than when the CH lengths obtained by the other long bone formulae are used. Accordingly, we believe this particular formula, unlike the others, is incorrect and should not be used to estimate lunar age from fetal remains.

Analysis of ceramic substrate found in cremains.

With the recent increase in the number of lawsuits questioning the possible commingling of cremains, recognition of nonosseous artifacts may aid in the circumstantial identification of a decedent. The remains of a cremated individual were analyzed both macroscopically and microscopically. Examination of material ranging in size from 1.5 cm x 1.0 cm to less than 0.5 cm yielded evidence of numerous nonosseous artifacts. Of primary interest were several fragmentary ceramic objects located in the material, which were pieced together under a microscope and photographed to reveal the imprint of circuitry suggesting a computer chip, subsequently identified from a pacemaker. Although this particular ceramic substrate did not have the necessary markings to facilitate identification of the manufacturer, the pacemaker brand may aid in identification.