PRETRIAL COMMUNICATION WITH DEFENSE COUNSEL BY MEDICAL EXAMINERS PATHOLOGISTS

Forensic pathologists (FPs) form opinions in homicide trials and often are key witnesses for the prosecution. Early access to the FP by defe nse counsel may be strategically important, but state statutes differ regarding pretrial availability of the autopsy report to the defense, and the degree of pretrial communication that is permissible or desira ble between the FP and defense is unclear. We surveyed a sample of FPs to determine their practices and opinions regarding pretrial communic ation with the defense. We compared responses with years of training, early professional role models, local autopsy report disclosure statut es, and reasons for practices. All respondents indicated a willingness to informally communicate with the defense, but many would notify the prosecutor and some wanted prosecutor's presence or permission. Prose cutorial involvement correlated with work load and with stated reasons for practices. Case law in most states prohibits the prosecutor from interfering with defense communication with witnesses, including exper ts. However, witnesses are free to refuse to talk informally to the de fense. Some states limit publication of the autopsy report outside for mal trial discovery procedures. Only one state, Arkansas, does not all ow the medical examiner to give out any information, thereby precludin g informal communication with the defense in that state.