Veterinary Forensic Pathology | Handling of Evidence

"An overriding feature of any forensic examination is maintenance of continuous control over all specimens and information, so that one can testify with certainty as to their identity." G. Wobeser 1996
Chain of Evidence

Insuring that evidence remains admissible into a court of law is a primary responsibility of the forensic investigator. Failure to thoroughly document the possession and transfer of evidence may result in the loss of vital information due to inadmissibility.

For the forensic pathologist, this task begins with the submission of a specimen(s) by law enforcement officials and includes secure storage of evidence, photo documentation, maintaining a proper written record of findings, and documenting transfer to other professionals for necessary ancillary tests. Anyone that comes into possession of evidence may be called into court to testify about a specimen's identity.

The forensic pathologist continues to maintain secure control over specimens or portions of specimens and collected information until their return to law enforcement officials or disposal. Does this sound like a huge responsibility? You are right - it could make or break a case. Now, let us go through an example case to demonstrate some of these necessary measures.

Submission
When submitted for forensic necropsy, the officer maintains a chain of custody log. The person receiving the specimen will sign and date the log, thus documenting that he/she received a specific piece of evidence. It may be easier if the person receiving the evidence is the forensic pathologist responsible for the case. Remember, any other people that come into possession of the specimen are additional links in the chain, and additional opportunities for mistakes to occur.

These photos were taken immediately following submission by a law enforcement officer and are not merely for presentation here. As will be discussed in subsequent sections, photo documentation is an important part of forensic necropsies. These photos could provide visual support as to the identity of this specimen and could link the evidence number used by investigators and the accession number used by the laboratory for histology, ancillary tests, etc.

The tag on the right is an example of an evidence tag. Depending on the laboratory, enforcement agency, etc., this tag may be signed by the pathologist in the presence of the submitting officer. The evidence tag remains with the specimen until the necropsy is completed.

The marker on the left is placed in every photograph taken during the necropsy. It contains the accession number for the laboratory, the signature of the pathologist, the date, and a scale. Markers insure that every photograph has an inherent, proven link to a specific case.

Storage
If any specimens are to be maintained by the forensic pathologist, they must be kept in a secure area to avoid risk of contamination, mix-ups, or tampering.
Necropsy
Again, we have documented the identity of the specimen with photographs.
Throughout the entire necropsy, significant findings will be photographed with this marker. Any evidence collected, such as projectiles or tissue samples, must be given their own numbers and the chain of custody continued as these samples are sent to other laboratories or experts. There are numerous guidelines for packaging and shipping evidence. You can find more information about these protocols in Forensics References & Links.

During the course of the necropsy, it is important for the pathologist to have the foresight to collect the appropriate samples in the correct manner. For example, the photo above is a case of anticholinesterase toxicosis in a group of seagulls. The investigator had to carefully sample the contents of each component of the alimentary tract, avoiding cross contamination between components and individual animals.

In addition, the samples would have to be stored in the proper container (acid-rinsed glassware in this case) and shipped in a secure manner to the appropriate laboratory. All ancillary tests must be performed using methods that are the current standard for a specific field and defensible in court.

Another important consideration in forensic necropsy is the use of experts in other disciplines to perform necessary analyses. For example, a pathologist would not want to make conclusions about ballistics or projectile character that would be better assessed by a forensic firearm specialist.
Written Records

A necropsy report generated for a forensic case is different from that of a standard necropsy. We have concentrated on findings significant to wildlife crimes; however, general principles of a post-mortem examination apply. For example, history, age, nutritional state, concurrent disease or injury, etc. should be documented. These findings may be especially relevant in cases where the cause of death is debatable, such as in toxicoses.

There are many guidelines regarding the language and content of forensic necropsy reports. Data given on the evidence tag should be noted in the report including the name of the submitting officer and agency. All descriptions should be concise and non-technical terminology used when possible. All conclusions should be supported by relevant information and alternatives discussed when results are equivocal. It is important to remember that the necropsy report ultimately may have to be understood by non-medical people. All organ systems should be examined and all abnormalities described, even those usually regarded as incidental in a standard necropsy. Finally, normal findings should be described as well. These extra steps provide written support that a complete and thorough necropsy was performed.

A significant time period may occur between the submission of specimens and the prosecution of a case. Thus, if necropsy findings are documented meticulously and readily after examination, it will be easier for a pathologist to recall details about a case should his/her testimony be required.

Here are some diagrams used by the Canadian Wildlife Health Centre at the Western College of Veterinary Medicine for forensic cases.

As you can see, forms such as these are an easy method to record findings, describing anatomic locations, measurements, etc.

The record keeping system used by the forensic investigator is critical. The necropsy report, photographs, ancillary diagnostic reports, etc. all should be easily linked and traceable to a common source and withstand scrutiny.
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This page last updated November 14, 2006.
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