Tag Archives: Forensic

FORENSIC HYPNOSIS FOR MEMORY ENHANCEMENT

A6Forensic hypnosis is the scientific application of memory enhancement—an investigational aid to law enforcement leads and admissible courtroom evidence. Hypnotic recall assists witnesses to reliably relay hidden details of events and descriptions that aren’t extracted through conventional interview techniques.

In my police career, I’ve had many cases using hypnotic memory enhancement. Several had amazing success.

A5I’m fascinated with the human mind. I think modern medicine and psychiatry are just beginning to understand the complexity of how our consciousness works. Hypnosis is a tool to assist in entering our subconscious and unlock the vault where memory is stored. Its magic is the ability to alter the subject’s state of consciousness which is what Shamanism is all about. But, then, Shamanism is for another discussion.

The best forensic hypnotherapist I’ve had the pleasure to work with is Dr. Lee Pulos of Vancouver, British Columbia, Canada. Here’s how Dr. Pulos explains it.

A1“Hypnosis is a natural state of consciousness that we drift in and out of quite regularly. For example, while driving along a highway and then suddenly discovering that you ‘lost’ several miles without being aware of it. This can also happen during reading when you may notice that you have ‘read’ a chapter or two without being mindful of the content. Hypnosis is basically a technique for focusing consciousness by entering a deep state of absorption. It allows you to shift from your outer to inner awareness and tap deeper levels of consciousness so we can re-educate and reprogram the subconscious with empowering suggestions or beliefs.”

The word hypnosis comes from the name of a Greek god Hypnos, who presided over sleep. In the late1700s, Anton Mesmer brought the technique into popular consciousness in Europe and in 1843 Scottish physician James Braid coined the term hypnotism for the experience that was passing in many circles as animal magnetism.

A8Hypnosis places a person in a trance state that can resemble sleep, but instead is an altered state of consciousness more akin to lucid dreams. Often, people in a trance are quite alert but focused in a way that differs from their normal conscious state. Contrary to popular notions, subjects in a light trance are aware of everything going on.

A7I’ve seen a rough and tough biker-witness under hypnosis who was instructed to play “patty-cake” by clapping his hands on his knees.  He couldn’t stop laughing at the fact that he couldn’t control his hands, though he seemed perfectly conscious in a way that ought to have enabled him to resist the instruction. His hands changed to patting his head and stomach at the hypnotist’s instruction. They looked at each other the whole time and even had a conversation with his hands patting about.

The trance-state, which has its own ebb and flow, is the result of a trusting and cooperative process between the subject and the hypnotist. It’s not one person controlling another and there’s no way the hypnotist can make the subject do something they would not do while they’re in a normal state, such as an illegal or immoral act.

A9“Hypnosis,” says Kevin McConkey, President of the Australian Psychological Society and co-author of Hypnosis, Memory, and Behavior in Criminal Investigation, “is essentially a phenomenon that reflects genuinely experienced alterations of reality in response to suggestions administered by a hypnotist. The subject’s testimony is what confirms the trance, although susceptibility varies among individuals. Those who are highly suggestive will behave as if going through truly significant cognitive alterations.”

Hypnosis involves concentration that is heightened to the point where one can recall details that seemed to elude that same person in a conscious state. It’s a powerful forensic tool for criminal investigation, although some researchers challenge the notion that hypnosis leads to significant increases in memory.

There are two basic purposes for using forensic hypnosis.

The most common is inducing relaxation when anxiety and stress may obstruct a witness’s ability to recall as much information as possible. The second occurs when retrieval of information from witnesses cannot be acquired through other means.

A4The first court case involving forensic hypnosis was Cornell v. Superior Court of San Diego in 1959. Although forensic hypnosis is mostly used by prosecutors, in this particular court case, it was the defense that used hypnosis as an aid in preparing its strategy. Since then, many famous cases have used hypnosis as an aid, including the Boston Strangler, Ted Bundy, and Sam Sheperd.

Currently, no overriding judgment has been handed down regarding the admissibility of evidence achieved through forensic hypnosis and the use of hypnotic evidence varies between jurisdictions. Adding to the reliability problem is that solid evidence can be devalued as a result of unprofessional circumstances in obtaining evidence through hypnosis.

I remember one judge rejecting evidence from a witness who had been subject to hypnotic recall stating “There’s nothing more unreliable than an eyewitness, never mind one who is tainted by hocus-pocus.” One the other hand, I recall another judge being fascinated by the process and readily accepting witness evidence, particularly because the information obtained under hypnosis was corroborated by independent facts.

As in all types of evidence, the key is reliability.

To ensure solid forensic hypnosis used in criminal investigations is not devalued, it’s become standard and vital operating procedure that all hypnosis sessions are video/audio recorded and the session is witnessed by independent observers. To strengthen the case, the hypnosis must be performed by a trained forensic hypnotist.

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Before a forensic hypnotist is allowed to begin a session, one very important condition must be met. The subject must be assured that during the hypnotic session no attempt shall be made to elicit any information that is not directly relevant to the investigation. In addition, the forensic hypnotist must also assure the subject that no information retrieved will lead to self-incrimination.

Critics of forensic hypnotism center their attacks on the accuracy and reliability of the evidence that’s obtained. The concern is that suggestion(s) implanted during hypnotism may create false memories through the use of leading questions.

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One thing that a forensic hypnotist cannot do, and is never called to do, is to help a suspect confess to a crime. Not only is this impossible, but any confession arrived at through hypnosis would never be admissible in court.

Here’s a true case I investigated where forensic hypnosis for memory enhancement led to a break through in solving the crime. It was conducted by Dr. Lee Pulos.

A12In wintery April, a lady was alone in her cabin on a remote gold claim in northern British Columbia. A masked man with a handgun appeared at her door, demanding she hand over her gold stash. She refused. He proceeded to blindfold and hog-tie her, then began torturing by burning her hands and ribs with a red-hot knife heated on her wood stove.

Now this lady was one tough old bird, as you’d expect a gold miner to be. She later stated she’d worked so hard to build her gold stash that she’d “rather die than turn it over to this asshole.” Realizing his interrogation technique was going nowhere, the bad guy quit in frustration. He set the cabin on fire with her still tied, blindfolded, and left her to die. She was able to wiggle over and boot the door, then crawl outside where she laid in excruciating pain on the snow in sub-zero temperature until her husband returned.

Because this was such a horrific crime, we “pulled the stops”.

A13We flew her to Vancouver to undergo hypnosis with Lee Pulos. He was able to extract two things that led to solving the case. One, she recalled the bad guy was using a two-way radio or ‘communicator’, as she called it. Second, he used the term for her gold stash as being ‘squirreled away’.

A14Now knowing an accomplice was involved, we focused the investigation on a neighbor who’d been involved with a gold claim boundary dispute. We identified the suspect as a Hells Angels striker who’d been hired by the neighbor, so we ran a wiretap which caught him using the term ‘squirreled away’. This led to an elaborate, clandestine sting operation resulting in his confession to an undercover agent. He was convicted and got twenty years.

Like I said, I’ve always been fascinated with how the human mind works. One thing I’m positive about—there’s more to consciousness than modern medicine and psychiatry know—except for the Shamans.

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Dr. Leslie Gray is a professor at UCLA Berkley and the Core Shaman who’s altered states of consciousness teachings inspired “No Witnesses To Nothing”. Her website is www.WoodfishInstitute.com in San Fransisco.

But, then, Shamanism is for another discussion.

FIFTEEN FAMOUS AX-MURDER CASES

Attic Image 4There’s something terrifying—absolutely horrific—about being axed to death. Hollywood’s made a killing off movies like The Shining, American Psycho, and So I Married An Ax-Murderer, not to mention Lord Of The Rings where Gimley, the ginger-bearded psycho-dwarf, double-blades dozens of ornery Orks. But movies aren’t real—not real life, that is. In reality, ax-murder victims don’t get up to act another day. I’ve investigated a few real-life ax-murders in my time, including one gruesome and grotesque axing scene that tops anything Hollywood has yet to script.

In fact, I’m just about finished the manuscript for In The Attic. It’s based on a true double ax-murder story and I’ll tell you what happened in that bedroom… eight feet below the attic. But first, let’s look at some other famous ax-murders that compete with my case.

15. The Axman of New Orleans

A13Between May, 1918 and October, 1919 six men and six women were attacked in their Lower Ward homes and hacked to death with an ax. The MO was consistent. The killer knew when the victims were vulnerable. Entry was made through the back door. There were no sexual overtones, no evidence of robbery, and a common denominator was that all victims were Caucasian and mostly from Italian-American heritage. The series of killings stopped as abruptly as they started and no viable suspect was ever developed.

14. The Servant Girl Annihilator

A series of eight ax-murders occurred in Austin, Texas in 1885 where the victims were young ladies who worked as servants to wealthy employers. All were chopped in their sleep in their detached quarters. Six victims were black. Two were white. No one was arrested in the cases and they also ended abruptly. In 2014, an investigative report for PBS identified a strong suspect as Nathan Elgin, a 19-year-old African-American cook who was known to many victims. Elgin was shot by police after attacking a similar servant girl with an ax. No other Austin ax-murders took place in this string after his death.

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13. Frances Stewart Silver

“Frankie” Silver was hanged in 1833 for the ax-murder of her husband, Charles Silver. His dismembered body was found distributed around the family’s North Carolina farm. Frankie never confessed and, despite weak evidence, a jury convicted her. No motive was established. Prior to her execution, she was sprung from jail through a well-planned break and was disguised as a man. She was caught attempting to flee the state and returned to the gallows.

12. The Crazed Captain

A18William Stewart was the skipper of the Mary Russell, a trading boat returning to England from Barbados. He suffered paranoid delusions and accused seven crew members of conspiring to mutiny. One by one, he lured the innocent men to the ship’s salon and enlisted three other young crew members to overpower the innocent men, binding them hand and foot then pinioning them to the floor. Once all seven were restrained, Captain Stewart took the ship’s fire-ax and systematically split their skulls. He was found not guilty by reason of insanity. The Mary Russell became known as the ship of seven murders.

11. Karl Denke

By day, this guy was an organ player at a church in the Kingdom of Prussia. By night, he chopped people up with his ax and stored their flesh in huge vats of pickling salt. He was caught axing a man to death at Christmas in 1924. When police searched Denke’s home, they found his business ledger documenting 42 other humans Denke killed and commercially processed. He was selling the meat at the market labeled as salt-pork. Two days after his arrest, Dehke hung himself in jail.

10. The Tokoloshe

Elifasi Msomi was called The Ax Killer in his village in South Africa. He started an 18-month killing spree in 1953 where he raped and murdered six children by hacking them apart and disposing of their parts in a valley. When caught, he claimed to be possessed by an evil spirit called the Tokoloshe. Superstitious Zulu elders bought his claim and freed Msomi after exorcising the entity. When Msomi went back to business, higher authorities stepped in and re-arrested him. A psychological assessment found Msomi to be of very high intelligence, near brilliant, however derived sexual pleasure from inflicting pain and death upon young children. He got hung.

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9. The Greenough Family Massacre

This took place in Greenough, Western Australia. In 1993, Karen MacKenzie and her three children Daniel (16), Amara (7), and Katrina (5) were so savagely ax-murdered on their remote rural farm that the trial judge ordered the details of the killings sealed, stating they were too gruesome for public knowledge. Bill Mitchell, their 24-year-old farmhand, was convicted in the murders as well as for performing sexual assaults on the dead bodies. He’s serving life sentences and was recently eligible for parole. It was denied.

8. The Hexing Axer

A20Jake Bird, also known as the Tacoma Ax-Killer, was convicted in the 1947 murders of a mother and daughter in Tacoma, Washington. He got caught fleeing the scene, barefoot, after police were called to reports of horrific screams coming from the house. Bird had the victims’ blood and brain matter on his hands, feet, and clothes as well as his bloody fingerprints on the ax found by the bodies.

At his sentencing to hang, Bird stated to the courtroom, “I’m putting the Jake Bird hex on all of you who had anything to do with my being punished. Mark my words, you will die before I do.”

A21Allegedly, six of these people died before Bird was hung in 1949; the judge, the officer who interrogated Bird’s primary confession, the officer who interrogated a secondary confession to other murders, the court clerk, an attending guard, and Bird’s own defense lawyer. Bird progressively confessed to 46 other murders, saying he liked to use an ax because it did the job very well.

7. The Police Corruption Ax-Murder

Daniel Morgan was a private investigator who was digging into allegations of drug-related police corruption in the southeast section of London. In 1987, Morgan was found dead in a park with a massive ax-wound to the back of his head. This opened up a massive investigation into police corruption that resulted in five public inquiries. A number of officers have been charged with many offenses such as drug trafficking, extortion, conspiracy, and cover-ups, but who axed Daniel Morgan remains a secret. The investigation is ongoing.

6. Joseph Ntshongwana

Here’s another South African who was good with an ax. He was also good at sports, being a professional rugby player. But something wasn’t playing right in Joseph’s head. He convinced himself that four men gang-raped his daughter and gave her an HIV infection. He hunted and hacked the men, holding their heads as hostages. At his arraignment, Joe spoke in tongues and called to deities. The court called it faking insanity and declared him fit to stand trial. Joseph Ntshongwana’s now serving life… in maximum security.

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5. Victor Licata

A23This guy did-in five members of his own family back in 1933. The Tampa, Flordia man was 21 when he went on a psychotic rampage and axed his way around the house. His mother, father, two brothers, a sister, and the family dog were slaughtered in their sleep. When arrested, Licata was dressed in clean clothes while his body underneath was covered with dried blood. Prior to the murders, his parents were trying to have him committed to a mental institute. They were too late. Licata eventually hung himself in a hospital for the criminally insane.

4. The Black Widow Ax-Murderer

A24Eva Dugan was convicted of killing her fifth husband, Charlie, in Arizona back in the 1920’s. She, like others in this article, used an ax. Eva dismembered Charlie, then buried him in the desert. She was caught—I’m not sure how—and sentenced to hang. Eva became more famous in death because the hangman miscalculated and she was decapitated. They said Eva’s head came to a rolling stop in front of the witnesses, some of which fainted. The error led to Arizona adopting the gas chamber. The noose used to kill Eva Dugan is now on display at the Pinal County Historical Museum in Florence, Arizona.

3. Lizzie Borden

A25As the song goes, “Lizzie Borden took an ax and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one.”  This occurred in Fall River, Massachusetts in 1892. Lizzie Borden was acquitted of her parents’ murders, though history gives every indication she was dirty as a tree root. The motive appeared financial and Lizzie was perfectly sane. The house where the Borden murders took place is now a Bed & Breakfast / Museum and even has a giftshop where you can buy a Lizzie Borden Bobble Head doll. It’s blood-spattered and holding an ax. Now how cool is that? Click Here to visit or book a night.

2. The Villisca Ax-Murders

A5Probably the most famous ax-murder case… still unsolved… was in June of 1912. Six Moore family members and two child guests were savagely axed in a house in Villisca, Iowa. Evidence showed the killer hid in the attic and crept down while they slept, dispatching them one… by… one… a number of suspects… were identified… no one charged…. let alone convicted… motive unknown… crimes unsolved… the house is also a museum…

1. In The Attic

Now it’s my turn. I’m writing my next novel titled In The Attic. It’s based on the true double-ax-murders I investigated when I was a cop. Maria Dersch, the complainant/victim, came to my police office seeking protection from her ex-boyfriend, Billy Ray Shaughnessy. He’d just raped Maria at knife point, promised to kill her if caught with another man, then snuck back and sliced-up Maria’s clothes.

I’m the poor bastard who got handed the file.

AtticSo, I took an audio-recorded statement from Maria. It opened “I’m so terrified that psycho’s going to kill me.” I went to Maria’s house to find Billy Ray. To arrest Billy Ray. To photo Maria’s clothes as evidence. He was nowhere to be found. I took this serious. I arranged for others to stay with Maria until Billy Ray could be caught… even arranged for the locks to be changed on Maria’s doors.

Two and a half days later, Maria and a male friend—Earl Barker, who stayed to protect Maria—were savagely slaughtered in their sleep. Billy Ray climbed down from the attic at 3 am with an ax. The scene looked like a bomb blasted a barrel of blood. He’d been in the attic… the whole fucking time… while I photographed the clothes… changed the locks… protected Maria…

In The Attic’s point of view tells in first-person with me, the nameless detective, narrating the investigation. Uniquely, it’s also told from Billy Ray’s perspective—his thoughts told to me about lurking above. In The Attic is nearly complete and I’m looking for potential victims who’d like ARC’s, Advance Reading Copies in exchange for reviews. In The Attic is available about mid-June in ePub, Mobi/Kindle, and PDF if anyone wants dibs.

Please leave a comment or email me at garry.rodgers@shaw.ca and I’ll ship you a copy of…

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WAS MARILYN MONROE’S DEATH ACTUALLY A HOMICIDE?

No movie star lived on after death like Marilyn Monroe. She was far more than a bleached-blonde bombshell with a voluptuous frame and a lusty voice—she intuitively knew her craft. Born in poverty as Norma Jean Mortenson (aka Baker) to a mentally unstable mother, Marilyn Monroe rose to Hollywood glamor, fame, and idolization beyond what few ever reach. Tragically, by the time she died at age thirty-six, her performing career had spiraled into the same abyss her personal relationships and head space were already in.

MM10Marilyn Monroe was found dead in her Beverly Hills bed at 3 a.m. on Sunday, August 5, 1962. The scene (at the time) suggested nothing suspicious—no foul play or culpable act, that is—and the toxicology results from her autopsy proved she’d succumbed to a lethal dose of prescription drugs. The coroner ruled her death as “probable suicide” but, like the deaths of other uber-celebrities, many people mumbled murder. Monroe’s death was reinvestigated in 1992 by the Los Angeles District Attorney who came to the same conclusion — “probable suicide”.

“Probable” is not in the official vocabulary of today’s coroner-speak. Neither is “possibly”. Everywhere in the civilized world, coroners are mandated by legislation to rule classifications of death as being in one of five definite categories: Natural, Homicide, Accident, Suicide, or Undetermined. Now, fifty-nine years later, an impartial look at Monroe’s case facts indicate her death classification definitely was not natural and cannot conclusively be classed as an accident or a suicide.

Does that mean Marilyn Munroe’s death was actually a homicide?

A7On the day of her death, many people were in Marilyn Monroe’s company. None reported any immediately implied threat or perceived action from Monroe that suggested an imminent danger of suicide, nor any behavior that was outside of her already troubled mental state of manic highs and depressive lows. She’d a history of emotional instability that, today, would likely be classified as Bipolar II Disorder, and she was under the continual care of a general physician and a psychiatrist. Monroe was no stranger to prescription pharmaceuticals, specifically anti-depressants and sleeping pills, but she was a relatively light alcohol drinker.

Marilyn Monroe had a difficult year in 1961. She worked very little due to health issues. Besides her emotional imbalance and substance dependency, she underwent surgery for endometriosis (uterus ailment) and a cholecystectomy (gall bladder removal), then suffered a painful attack of sinusitis. Her stress level soared from a lawsuit with 20th Century Fox where they sued Monroe for breach of contract—her erratic behavior led to delays in filming, disputes with cast and crew, then finally a stop of production.

A14On Saturday morning, August 4, Marilyn Monroe met with her official photographer and discussed an upcoming Playboy deal, then kept a massage appointment, a meeting with her publicist, talked with friends on the phone, and signed for deliveries for her house renovation. She was visited by her psychiatrist, Dr. Ralph Greenson, in the late afternoon for a scheduled therapy session. Greenson left around 7 p.m. and reported no alarming behavior, however he ensured that Monroe’s housekeeper, Eunice Murray, would be staying overnight.

Marilyn Monroe retired to her bedroom around 8 p.m.The last person to have contact with Monroe was actor Peter Lawford who invited her to a Hollywood party. He reported that in their phone conversation Monroe sounded tired—sleepy—as under the influence of drugs. After their call, Lawford became alarmed and phoned back to the house where he got Murray. She assured him everything was fine with Monroe.

A22At 3 a.m. on Sunday morning, Eunice Murray woke and noticed light coming from under Monroe’s bedroom door. Sensing something not right, Murray tapped on the door. There was no response so she tried the handle and found it locked, which she stated was unusual.

Now alarmed, Murray phoned Dr. Greenson who instructed her to go outside and look through the bedroom window. She did and observed Marilyn Monroe lying facedown on the bed, covered in a sheet, and clutching a telephone receiver in her right hand.

Greenson arrived at approximately 3:20 a.m., broke the window with a fireplace poker, and climbed in. Immediately he could tell Monroe had been dead for some time and it was pointless to call an ambulance or attempt resuscitation. Greenson phoned Monroe’s physician, Dr. Hyman Engelberg, who arrived at around 3:50 a.m. Engelberg examined Monroe by removing the phone receiver and rolling her over, officially pronouncing death. At 4:25 a.m. they notified the LAPD.

MM2The attending detective agreed with the two doctors that there was nothing to indicate foul play and the death was most likely a drug overdose. The detective photographed the scene and recorded the “pill count” of the pharmaceutical vials on Monroe’s nightstand. Dr. Engelberg noted a vial containing twenty-five capsules of the barbiturate Nembutal that he’d prescribed two days earlier was empty. Vials with other prescriptions appeared in order including one containing the sleeping sedative Chloral Hydrate.

Marilyn Monroe was autopsied on the morning of August 6 by pathologist Dr. Thomas Noguchi who would later be known as “Coroner To The Stars” for his many postmortem exams on celebrities. His original autopsy report is on the public record and can be downloaded.

A20Noguchi is very clear in his report, and in many subsequent interviews, that he found no evidence of physical trauma—specifically needle marks—on Monroe’s body. Based on his observations and those of Drs. Greenson and Engelberg regarding Monroe’s rigor, livor, algor, and palor mortis conditions, he felt reasonable to estimate her time of death between 8 and no later than 10 p.m. the previous night. Noguchi found no natural cause of death and waited for the toxicology report before forming his final conclusions.

The tox screen was done by the LA County Coroner’s laboratory and released on August 13. The results concluded  Monroe’s blood contained 4.5 milligrams (percent) of Nembutal and 8.0 milligrams (percent) of Chloral Hydrate. Her liver contained 13.0 milligrams (percent) of Pentobarbital. Blood ethanol (alcohol) was absent.

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Noguchi was satisfied the combination of Nembutal and Chloral Hydrate levels in Monroe was sufficiently high to cause her death through respiratory and central nervous system failure and he knew the Pentobarbital stored in her liver was simply indicative of someone who had long exposure to barbiturates and developed a “tolerance”. Noguchi certified the cause as “acute barbiturate poisoning due to ingestion of overdose” but he was reluctant to rule the classification as “suicide”. Though Noguchi was certain no evidence existed to suggest the death was an intentional homicide, he was uncomfortable with there being no clear evidence that Monroe intended to take her own life.

There were no immediate threats, no suicide note, no warning behavior, and not all the Chloral Hydrate pills were consumed, not like the Nembutal.

A23It might be an accidental OD, Noguchi thought, and he was troubled by the fact Monroe had been prescribed the amounts of Nembutal and Chloral Hydrate at the same time—her physician had to have known they’d be lethal if mixed a large quantity.

Noguchi was under pressure—political pressure, if you will—from the elected Chief Coroner of Los Angeles County to shut down media speculation that there might be more to Monroe’s death than a sad case of a despondent star intentionally extinguishing her light. The Chief and Noguchi reached a temporary compromise that they’d say Monroe’s death was a “probable” suicide.

A21Noguchi didn’t go so far as to insinuate negligence by Monroe’s caregivers might be the smoking gun, yet he requested a “psychological autopsy” to investigate Marilyn Monroe’s mental state leading to her death. Without clear evidence of an intentional suicide, the pattern of Monroe’s behavior was crucial in corroborating a suicide rule.

This statement was issued by LA County Chief Coroner Theodore J. Curphey. It’s an addendum to Noguchi’s final autopsy report:

“Following is the summary report by the Psychiatric Investigative Team which assisted me in collecting information in this case. The team was headed by Robert Litman, M.D., Norman Farberow. Ph. D., and Norman Tabachnick, M.D.:

‘Marilyn Monroe died on the night of August 4th or the early morning of August 5th, 1962. Examination by the toxicology laboratory indicates that death was due to a self-administered overdose of sedative drugs. We have been asked, as consultants, to examine the life situation of the deceased and to give an opinion of the intent of Miss Monroe when she ingested the sedative drugs which caused her death. From the data obtained, the following points are the most important and relevant:
Miss Monroe suffered from psychiatric disturbance for a long time. She experienced severe fears and frequent depressions. Mood changes were abrupt and unpredictable. Among symptoms of disorganization, sleep disturbance was prominent, for which she had been taking sedative drugs for many years. She was thus familiar with and experienced in the use of sedative drugs and well aware of their dangers.
Recently, one of the main objectives of her psychiatric treatment had been the reduction of her intake of drugs. This has been partly successful during the last two months. She was reported to be following doctor’s orders in her use of drugs; and the amount of drugs found in her home at the time of her death was not unusual.
In our investigation, we have learned that Miss Monroe had often expressed wishes to give up, to withdraw, and even to die. On more than one occasion in the past, when disappointed and depressed, she made a suicide attempt using sedative drugs. On these occasions, she had called for help and had been rescued.
From the information collected about the events on the evening of August 4th, it is our opinion that the same pattern was repeated except for the rescue. It has been our practice with similar information collected in other cases in the past to recommend a certification for such deaths as a probable suicide.
Additional clues for suicide provided by the physical evidence are:
(1) the high level of barbiturates and chloral hydrate in the blood, which, with other evidence from the autopsy, indicate the probable ingestion of a large amount of drugs in a short period of time;
(2) the completely empty bottle of Nembutal, the prescription for which was filled the day before the ingestion of drugs; and
(3) the locked door which was unusual.’

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Now that the final toxicological report and that of the psychiatric consultants have been received and considered, it is my conclusion that the death of Marilyn Monroe was caused by a self-administered overdose of sedative drugs and that the mode of death is probable suicide.

– Theodore J. Curphey, M.D. Chief Medical Examiner-Coroner for the County of Los Angeles, August 13, 1962.”

There’s that word “probable” again.

A24In my time as a police officer and coroner, I’ve attended many drug overdose deaths. Some were clearly suicides, backed-up by recorded threats and present notes. Some were accidents by misadventure, usually mixed with alcohol. And some were undetermined—not shown to have a definite intent by the decedent to take their own life.

I’d say some of the undetermined deaths were probably suicides—if I could say it. But a coroner doesn’t have the legal option to say “probably”. There’s a long-held  court ruling called the Beckon Test that states a death can only be classified as a suicide if it can be determined that the individual knew the consequences of their actions would end in death and intentionally carried them out. There is a high standard of proof required for a finding of suicide as the ruling states:

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“In most legal cases the test to be satisfied is a balance of probability. But a determination of suicide can only be made where there is clear and convincing evidence. There is to be a presumption against suicide at the outset and one must be certain beyond a high degree of probability that the death was a suicide. Where one cannot be absolutely certain, the death must be classified as undetermined.”

Based on my death investigation experience, there are three points about Marilyn Monroe’s suicide ruling that bother me.

First, in all the polypharmacy overdoses I’ve seen where suicide was obvious, the deceased downed the whole darned stash. They wanted to end it all and get it done.

A30In Monroe’s case, Dr. Engelberg prescribed her 50 caps of 500 mg Chloral Hydrate on July 31 as a refill for a previous Chloral Hydrate order on July 25. She was taking 10 per day. At her death scene, there were still 10 Chloral Hydrate caps left in her bedside vial. 40 were gone and, at a rate of 10 per day from July 31 till August 4, the pill count is right in order.

In the toxicology world, the effects of drugs are rated on a range scale of Therapeutic, Toxic, and Lethal. In the Lethal range, the substance is given a value called LD50 where it’s expected that 50 percent of the population would be expected to die from the drug’s effect at a certain point based upon the drug’s milligram blood content per the kilogram weight of the person.

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Marilyn Monroe’s autopsy report recorded her weight at 117 pounds or 53.2 kilograms. The Chloral Hydrate level in her blood was determined to be 8.0 milligrams (percent) based on her weight or 80 parts per million (ppm). Looking at my toxicology scale from my coroner days, I see that Chloral Hydrate has a Therapeutic range to 30 ppm and an LD50 value at 100 ppm, so Monroe was 20% under the Chloral Hydrate lethal bar.

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Looking at her barbiturate blood content from the Nembutal, it’s recorded to be 4.5 mg (percent) or 45 ppm. My chart says the barbiturate Pentobarbital, which is what’s in Nembutal, has a Therapeutic range to 12 ppm and an LD50 at 40 ppm. So Monroe was only 12.5 % over the average barbiturate lethal threshold, not taking into account that she was a very “tolerant” user.

However, the combination of Chloral Hydrate and Nembutal was deadly and this had to be known by Dr. Engelberg when he ordered Monroe’s prescription. This brings me to my second point.

A29A physician has a professional duty of care to their patient, especially when prescribing medication to a person with Monroe’s mental history. I find it irresponsible, actually negligent, that Dr. Engelberg failed to ensure Monroe no longer had Chloral Hydrate in her possession when he issued her a prescription for 25, 1500 mg caps of Nembutal four days later, knowing her supply of Chloral Hydrate wasn’t exhausted based on her prescribed consumption.

My third point deals with the “rescue” issue.

This very much applies to the Beckon Test. Intentional overdoses as attention-getting devices are common and always rely on the person’s backup plan that someone will intervene. This was part of Monroe’s previous overdose episodes as noted in the “psychological autopsy” report. And they referenced Monroe’s locked door as being unusual.

MM11

I think the locked door issue is completely negated by the fact that Monroe was found with her telephone receiver in hand. This was stated by Eunice Murray, Dr. Greenson, Dr. Engelberg, and corroborated by the investigating detective who verified they reported this to him and suggested she was phoning for rescue—which was her pattern—but was overcome.

If I were the coroner ruling on Marilyn Monroe’s death classification, I’d be legally bound to consider how the facts apply to the category parameters.

MM1A natural cause determination is completely eliminated by the autopsy and toxicology evidence. Monroe clearly died as the result of a drug overdose.

Despite kooky conspiracy theories that Bobby Kennedy snuck in and injected Marilyn Monroe to cover up her alleged affair with President Jack or that mobsters Jimmy Hoffa and Sam Giancana knocked her off to keep from ratting them out, no sensible person can make a case that Monroe was intentionally murdered. But a homicide ruling doesn’t just apply to murder. The definition of homicide is “the killing of a human being due to the act or omission of another”.

I believe Dr. Engelberg was professionally negligent in his duty of care to Marilyn Monroe. He had to know—certainly ought to have known—that he was treating an emotionally unstable patient with a history of suicide attempts through polypharmacy. By giving Monroe a potentially lethal amount of barbiturates and not ensuring her chloral hydrate was gone, Engelberg effectively signed her death warrant.

However negligent Engelberg may have been, though, my suspicion falls short of the burden necessary for establishing a homicide classification.

A3That Monroe accidently died from a self-administered overdose is a distinct probability but, again, the Coroners Act and court precedents won’t allow me the liberty to rely on probabilities regarding suicide. I have to come to a clear conclusion based on facts.

Setting aside the locked door and phone receiver in hand—these two negate each other—I must defer to one other glaring fact. There were still 10 caps of Chloral Hydrate left in her pill vial. Marilyn Monroe was a very experienced and tolerant prescription pill user. She knew exactly what she was taking, what their effects were, and she failed to down her whole darned stash which is always proof of a polypharmacy overdose suicide.

A4So deferring to the Beckon Test, I have to presume against Marilyn Monroe’s suicide classification from the outset and must be satisfied beyond a high degree of probability that her death was a suicide—I must be certain—and I can’t—because no clear evidence exists that Monroe’s death was an intentional act to end her own life. It may well have been an unfortunate, un-rescued accident (which I suspect), but I can’t support that classification through the facts.

Therefore, I find Marilyn Monroe’s death classification as Undetermined.