7 eee eee ees NOVA SCOTIA MEDICAL EXAMINER SERVICE A Report Concerning the ___Death of Clayton Miller _ Matthew J. Bowes, MD, FRCPC ‘April 10, 2015So oe oe oe oe eee ooo TABLE OF CONTENTS 1, EXECUTIVE SUMMARY 2 2. INTRODUCTION a 3. LIMITATIONS OF THIS REPORT 4 Data 5 5, CASE SUMMARY Fry 6, ARESPONSE TO THE DWYER REPORT 23 ‘7. CONCLUSIONS AND RECOMMENDATIONS “3 ‘APPENDIX A: MINISTER DIAB'S LETTER 9. APPENDIX B: MS. KATHLEEN DWYER'S REPORT 410, APPENDIX : DR, ROACH'S MEDICAL EXAMINER REPORT 111, APPENDIX D: DR. IKEJIANI'S AUTOPSY REPORT 12, APPENDIX E: PHOTOGRAPHS OF CLAYTON MILLER'S BODY 33, APPENDIX F: >. BUTTS REPORT OF THE SECOND AUTOPSY 44, APPENDIX G: DR. BADEN'S REPORT OF THE SECOND AUTOPSY aLa = a a a i ee ee | EXECUTIVE SUMMARY ‘The Honourable Lena Metiege Diab, Attorney General and Minister of lustice, forwarded 2 ‘eport to me authored by Ms. Kathleen A. Dwyer, 8c, RIN. This report pertains to the death of Clayton Miller. In her report, Ms. Durer makes 2 number of allegations regarding this case. The Minister asked me to make a determination of whether or not Ms. Dwyer's report contains information that may justify the re-opening ofthe Investigation into this death. | have ‘considered Ms. Dwyer's opinion, and | have examined the investigative materials that exist in this case. | conclude that: 4. There sno proof that Clayton Miller died by violence. 2, There sno proof that Clayton Miller's body was moved afte his death, 3. ‘The time of Clayton Miller's death cannot be ascertained reliably with current methods, 4. agree with Drs, Glasgow, Butt and Baden, in thatthe cause of Clayton Miller's death is ‘most probably a combination ofthe effects of exposure to cold environmental conditions and alcohol intoxleation. 5. Ms. Dwyer does not present new information in the death of Clayton Miler, and does ‘ct present a novel or scientifically valid interpretation of the existing information in ths case file, 6. recommend that this case remain closed, 2124=o eo INTRODUCTION (On Friday, May 4, 1990, 17-year-old Clayton Miller attended an outdoor party in the vicinity of ‘the Colliery Lands Parkin New Waterford, Nova Scotia, He was seen consuming alcoholic ‘beverages that night, and was reported tobe intoxicated. Police responded to the location of the partybecause of suspicions that some young people may have been in violation ofthe. Liquor Centrol Act. Upon arrival of the police, many of the partygoers, including Clayton Miller, fled the location. When he did not arrive home, he was reported missing Clayton Miller's body was discovered on Sunday, May 6, 1980, prone (Le, face down), and lying partly na shallow brook. An investigation ofthe death yielded conflicting opinions regarding ‘the cause of death, but the police and medical examine’ investigations did not conclude that hhe ad ded as the result of violence, Broad dissatisfaction on the part ofthe community with these results prompted a judicial 'nquiry r 1980 and o second autopsy in 1993. The quality of the police investigation was also specifically evaluated. {September of last year, Minister Diab received a report from Ms. Kathleen Dwyer entitled “Clayton Miller Autopsy review of 2* and 2" Autopsies Examination of photos using | photo”, {mR Ms. Dyer makes a number of specific allegations about Clayton Mille’ death. The Minister asked me to evaluate this report and to make @ recommendation as to whether or not further investigative action ought to be undertaken. The Ministers letter composes Appendix A ofthis report. Ms. Dwyers report composes Appendix Bof this report, ‘in astessing Ms, Dwyer's opinion, my analysis has focused on the following two related questions: 1. oes Ms. Dyers opinion offer credible new information pertaining to the death of Gayton Miler? 2. Coes Ms. Dyer offera novel and valid interpretation of any ofthe existing Information inthis case? In orderto give a full treatment ofthese issues, | have found it necessary to review all ofthe Investigetive material available to me, and to formulate my own opinion on the cause and ‘manner of Clayton Millers death. An opinion regarding the quality of previous police Investigations, procedures, and conclusions is outside ofthe scope ofthis report.LIMITATIONS OF THIS REPORT 8 aforensic pathologist, my training and experience resides predominantly in medicolegal ‘death investigation, and ths isthe point of view from which | have undertaken this review: 1 ‘wish to relterate that an evaluation of matters of police procedure is outside of my purview. This analysis is limited to some degree by the state of forensic sclence,alimtation that s often leftunstated inthis type of report. However, since the audience ofthis report may include ‘membersof the general pubic, | thinkit s useful to begin withthe acknowledgement that forensic scence does not have the power to refute all possible theories and scenarios. Because ofthis, Investigators donot start an investigation from the premise that all desths are suspicious until proven otherwise: this isan untenable postion to take. instead, we evaluate ‘and assinilate all available data and observations, and formulate opinions that best ‘accommedate the totality ofthe evidence, The burden of proof that is required in this kind of ‘work i bast phrased as “to a reasonable degree of medical certainty and not “beyond a reasonable doubt.” ‘This analysis is a retrospective review of investigative records, rather than a primary death {nvestigaion. This kindof exercise has inherent weaknesses, mainly relating to the nature of ‘the record itself, Ihave not directly examined Clayton Miller's body, nor do I believe that exhuming his bedy would offer useful additional information at this point. ‘The strength ofthis report is that | appear to have had more complete access to the ‘Investigative record than any previous physician reviewer. importantly, Ihave had the privilege ‘of working in parallel with Ron MacDonald and the Serious Incident Response Team (SIRT) A1rageI DATA |n composing this report, | was granted prompt access to every document that I requested and ‘large number of documents that | didnot specifically request, but were disclosed by the Department ofustice, the Cape Breton Regional Police, the Royal Canadian Mounted Police, and the Miller family. reviewed the material supplied to me, but | belleve thatthe folowing documents are the most pertinent ones, and the ones upon which | have relied most heavily. 1 have chasen to append the most essential documents to this report, From the Department of Justice and Medical Examiner Service fi 1 10, ‘Adocument titled “Report of Medical Examiner’, signed by Joseph A, Roach, MD, {ated une 27, 1890, This document composes Appendix Cof this report. ‘Atwo-page document ttled “Preliminary Report signed by Or. kean, and not dated. Dr Ikelan’s original autopsy report, dated June 6, 1990, This document composes Appendix of this report. This includes 2 Adocumenttitled “Forensic Laboratory Report’, signed by W. Westenbrink, and dated May 10, 1990. '. Adocument titled “Toxicology Assay", signed by E. Susnik and A. Fraser, nd dated May 31, 1980, Histology slides generated during the course of Dr. kellan's autopsy. ‘Anumber of colour photographs that depict the body before the first autopsy. These are reproduced and compose Appendix E of this report. ‘number of colour photographs ofthe death scene. - two-page document signed by W. Westenbrink, and dated April 4, 1991. The ‘document appears to be directed to RJ. Barnes. ‘4m untitled RCMP document authored by Cpl. D. MacQueen, and dated May 8, 1990. Aletterto Dr. tkeian, signed by Or. GM, Fraser, and dated June 7, 1990, ‘A three-page letter to Staff Sgt. R. Barnes, signed by Dr. R, Perry, and dated March 19, 1991,mos soos ‘1 Adocument titled "News Release”, issued by the RCMP, and dated May 16, 1981. The spokesperson is given as Sgt. Gary Grant. 12. Athree-page letter to Staff Sgt. Robert Barnes, signed by Dr. kejani, and dated November 29, 1991, 13. Atwo-page letter to Dr. Dan Glasgow, signed by Staff Sg. Barnes, and dated November 18, 1991. 14, Afour-page document titled “Note to Fil", signed by Superintendent Furey. The date of ‘this document s partly obscured atthe edge ofthe photocopy, and is "91-12". The document itself refers to a meeting held on December 3, 981. 15. Afour-page letter to OIC Criminal Operations, signed by RJ. Barnes, and dated September 24, 1991, 416. Adocument titled “Pathology Consultation report", signed by Dr. D. Jani ‘August 26, 1992, n,and dated 417 Aletter to Dr. BJ. Bergman, signed by Dr. R Perry, and dated September 24, 1992. 118. The report of the second autopsy, authored by Dr. J. But. It has a cover Ieter directed to Wayne Cochrane, and itis dated February 9, 1994, The report has 19 consecutively ‘numbered pages, excluding the Table of Contents and the three Appendices (numbered ‘A.B, and C), This document, including its appendices, compose Appendix of this report. 19, Adocument titled “Reautopsy Report”, signed by Dr. Michael Baden, and dated May 17, 11994, This document composes Appendix G ofthis report. 20. Adocument titled “Press Release”, isued by Physical Evidence Consultants, and dated Nay 19, 1994, I given asthe contact. 21. Two copies of aletter addressed “Dear Minister, signed by III and dated ‘eeember 28, 1998, One copy ofthis eter istapled to document 2. (thnk tis clear fiom the context that the Minister must be Nova Scotia's Minster of Justice at that time) 22. Athre-poge letter to II signed by Dr. Lous, Roh, and dated December 35,1998,23. A:hree-page letter to Ms. Nadine Cooper Mont, signed by Superintendent Furey, and dated May 7, 1981, 24. Adocument that is received in five volumes and is composed of: 8. 131 pages of testimony from the ist day (September 13, 1990) of the Fatality Inquiry led by Judge Randall, '. 156 pages of testimony from the second day (September 14, 1990) ofthe Fatality Inquiry led by Judge Randal. © 97 pages of testimony from the third day (November 2, 1990) ofthe Fatality Inquiry led by Judge Randal, 4. The seven page report of the Fatalty Inquiry signed by Judge Randall and dated November 21, 1990. 25, Cayton Miller's medical record. 26. Records ofthe McGillivray Funeral Home that pertain to Clayton Miller. This includes an ‘authorization to exhume Clayton Mille’ body, signed by Wiliam Gili, 27. Winates of meeting that oxcrred on uy 13,1993. The attendee were: Mr. Gevaise Nile, Premier ohn Svege, IL the Hon, Wiliam Gls, Me. Bi MacDonald, We. Gordon Gil, ana 28. Adocument titled “Chairman's Final Report After Review’, authored by the RMP Public. Complaints Commission, signed by Jean-Pierre Beaulne, and dated June 15, 1993, 25. Theinvesgntive report of MMM, dated August 2,991. This report has 20 aes 30. Aletter to Dr. R. Perry, signed by Dr. ikeian, and dated January 6, 1994, 31. Aletterto Dr. J But, signed by Dr. R, Perry, and dated January 6, 1994. 32. Anineteen-page document that is composed of a dacument titled “in the Matter of a Complaint by Gervaise Miller Against New Waterford Chief of Police Doug Crowe, Sergeant Tom Dwyer and Constable Michael Cecchetto” and its appendices and @ «2vering letter The author of his reports EN anc ts dated December 3.1900, Tipageooo os oe oo 0 [ L ‘The entire contents of the Cape Breton Regional Police file on this matter (# 90-267-0). | Inspected.all ofthe documents inthis fl, but many ofthese are duplicates of documents that | have already mentioned or are not informative. These ae the pertinent documents: 38, Statement of Gerald Richard Coady, dated May 7, 1990, taken by T. Dwyer (folder 100). 34. Sutement of i (folder 101), 35. Statements of Dale Francis MacKinnon (folder 102). 36. Stotement of (folder 203). 37, Statement of Gervalse Millar (folder 104), 36. Stotement cf MMII (folder 108), 39, Asingle-page report titled "Forensic Laboratory Report”, authored by S.F. Lamb, and dited May 14, 1990 (folder 109). 40. Statement of MIMI (folder 112), 41. Asingle-page etter to the New Waterford Police department, signed by Dr. John Stevens, and dated May 25, 1990. This letter Is in folder 116, which also contains other documents that | have already mentioned. 42. Atwornage leter to the attention of Sgt. Thomas Dwyer at the Ofice of Chief of Police, New Waterford, signed by IIE). and dated August 29, 1990 (folder 117). 43. Athree-poge document titled "Discovery of Clayton Miller's Body’, signed by Set. Thomas Dwyer and not dated, but appears to have been written before the final ‘autopsy report was received. This folder contains a number of other documents, ‘eluding maps of the area (folder 300). ‘44, Atwo-page document that i untitled, signed by Cst. Wayne Crowe, and dated May 6, 11290 (folder 301). 45. Atwo-page document titled “Report on the night of 04-05-90", signed by Cst. Nel Mackenzie, and dated May 6, 1990 (folder 302). 46. five-page document titled “Re: Police Raid Nest Area (Cayton Mille’ death)", which ‘sa transcript of Cst. Paul Muise’s handwritten notes, dated May 4, 1990 (Folder 303}.mo oom moo oe oe 47. Aswo-page typewritten document that is untitled, signed by Cs. Drinovz, and contains. ‘ertries from Friday, May 4, Saturday, May 5, and Monday, May 7, 1990 {folder 305). ‘48. Cepies of the entriesin the Police Log Book on pages 66 through 91 inclusive (folder 442), 49. A video recording of an interview with Dale Mackinnon, 50, Avideo of the death scene, recorded on May 6, 1990, at approximately 1430. ‘The fle ofthe Royal Canadian Mounted Police pertaining to the death of Clayton Mille. This file contains a number of images, both original and dita format, a considerable number of paper documents, and 17 030 pages of documents received in three PDF-formt digital files. AS ‘may be expected, this file includes many of the documents already inventoried here. The file ‘cludes thousands of investigative notes, which are too numerous tobe catalogued here. The pertinent additional documents are a follows: 51. Afour-page letter authored by Robert S. Harrison, addressed to Mr. Gervaise Miller and ‘and dated February 2, 1999, 52.Aaeleven-page collection of pages labeled “Continuation report, ll dated between February 18 and 39,2001, and pertaining othe matter ofthe mising ambulance, and tYeburned Corte. These page are signed ilegiby, bt appear too 53, Atwo-page document titled “Investigation Report”, authored by Cp BA. Richardson ‘nd Sgt Ki. Taker, and dated 2007-07-30, The subject of this report is 54, Afour-page document titled “invertigation Report, authored by Cpl. BA. lchardson nd Sut. Takar, and dated 2007-04-03. The subjects ofthis report ae This document has two appendices totaling fourteen ages: Appendix As statement and Appendix 8s II statement. 55. Satement of IM dated August 21990 and witnessed by 56. Satement of I dated August 9, 1990, taken by 20, MacQueen, 57 Statement of II dated August 20,1990, taken by 0.8. Young. 58.Staterent of III dated August 20, 1950, taken by 0.8. Young 59. Satement of I dated August 20,198, taken by DR Youngf mee ese 60, Suterent of I dated August 20, 1990, taken by D.R Young. 61. Aleter authored by IML officerin charge, Sydney Weather Ofc, adéressed to Se. Thomas Dwyer, and dated August 71,1990. his etter describes the weather conditions for May4, 5 and 6, 1980, 62. stitement of INI dated February 18, 1991, taken by RJ Barnes. 62, statement of NIN dated February 1,190 tken by R. Bares. 64, Statement of III, ted February 19,981, taken by Rs Barnes 65, Statement of II dated February 19,3981, token by Ru. Barnes, 65. Statement of II dated Februar 19,199, taken by Rl Barnes. 67. Statement of Gerald Richard Coady, dated March 8, 199, en by RJ Bares 68. Statement of INE dated March 20,199, taken by Ru. Sores. 6, Statement of Francs Dale Mackinnon, dated March 10, 196, taken by . Taker. 70,Satement of INI dated March 20,199, taken by RJ, Barnes. 71, Statement of Gerald Richard Condy dated March 1,190, taken by MF Souci 72, Statement of Gerald Richard Coady, dated March 10 1953, taken by GW. Taker. 73, Statement of Barter Thorne, dated March 12,1993, taken by RJ. Bames. 74, Statement of IML date Apri 3, 1991, token by Ra Barnes. 75, statement of ME dated April 31991, taken by G. Taker. 76, Statement of MI ted api 3, 1991, token by Rs. Barnes 77 Statement of I dated ri 4,199 taken by Rs. Barnes. 78 Statement of NI dated Apri 4,198, taken by G. Toker. 73. statement of I cated Api, 3991, taken by RJ. Barnes. 20, Statement of I, dated Api 4, 196, taken by G. Taker. 81 Statement of NI dated Apri 4, 191, taken by A. Barns. aol pare= eee mo om om 82 Stetement of IMM dated Apri 4, 1991, taken by Rs Bares, £83, statemont of IML dated apis, 2991, 84, Statement of IN dated Apri 8,199 taken by G. Taker. 85. Statement of III dated Apri 9,993, taken by Rd. Barnes. 86. Second statement of INI dated Apri 9, 1993, taken by RJ. Barnes. 97, Statement of IMM, dated Apr 1, 1993, taken by Rs. Barnes. 28 Sttement of I, dated Apri 33,1993, taken by RU. Barnes. 89, statement of INI dated April 23,2993 taken by RJ. Barnes. ‘The contents ofthe Miler fam leon ths mater, kindy supplied to Ron MacDonald and me by III Tse contains many documents already inventoried, and meny documents that donot rectly relate tothe investigation. The adltonal pertinent documents areas folows: 90. aMidovt of II dated August 8, 2003, 91. Handwritten statement of III dated June 13, 1992. This statement has four pages, and appearsto relate tothe events of May 4, 1990, 92, Handwritten statement of IE, dated une 9, 1902. 93, Handwritten statement of III dated sune 10, 1993. 94, Fandwritten statement of EE, undated, 55. Handwritten statement of III, dated sune 18,2991. 96. Handweten statement of III dated sune 19,1991. 97. Handwritten statement of I undoes. 98. Nandwrten statement of IIR cated June 28,1901. 99 aFidov of MIM te tnuary 2, 2007 100, Handwritten statement of III, dated sue 9, 1991. 101 Handwritten statement of II dated tune, 1981 | Page ken by RJ. Barnes.ee ee ee 102. 103. 104, 105. 106, 107. 108. m0. m1 12, 13, a4, us, as. uy, Fry uns. Handwritten statement of II dated November 30,1990 Handwritten and redscted statement of IM, dated November 1, 150, Handwritten statement of III dated November 13, 990 Handwritten statement of ITI undated Afidavi of Baxter Thorne, dated October 17,2000, Handwritten statement of I undated, Handwritten statement of III undoes Affidavit of RIMINI dated suly, 000. Handwrtten statement of III dated June 11,1991. This statement has two pages and relates tothe events of May 63990, Hendwriten soterent of IR dated une 13, 199. Handwritten statement of II dated tune 16,1991. Afidovt of I dated January 25, 2007. Handwritten statement of III dated une 10,1993, Statement f III cated June 10,2991. Handwritten statement of IME dated ay 20,1501. Handwritten statement of I undated Handwritten statement of I unicted Handwritten statement of INI undoted. This is a one-page ‘ocument, and tsa different document from that described in 108, above. 120. a. 12. wis Hondwetten statement of III uncoted. Thsis 2 one-page document, and refers to the events of May 8, 1980. Afidovt of MII ates uty 24, 2002. ‘Afidavt of III. catedsune 16,2006.eee oe eo oe oo ne ee ee 123, 124, us. 126, 27. 128 29, 130. a1. 332 133, 134, 138, Aftdav of IIL dated December, 2000. Handwritten statement of III dated August 20, 1996. Statement of MII cated sanvary 25,2012, statement of II, dated tanuary25, 2012. Statement of II cated June 2002 ‘Aidavt of Gervatse Miler, dated Suly 2002. Aida of Maureen Miler, dated July 2002. A second affidavit sworn by Maureen Mille, dated Jly 2002. Transcript oftape 14 conversation between IIE and Geraise Miler ‘Transcript of tape 1, miscellaneous conversations involving numerous Individuals, notably Russell MacLellan, Wayne Crowe, Ed MeNell, and Staff ‘Sergeant Diamond. ‘Transcript of tape 1F, including conversations with Dr. Roach and Dr. tkejanl ‘Transcript of tape 3H, including conversations with Superintendent Furey and ‘Transcript of tape 11, including conversations with Js 136. 137, 138, 139 140 aa[page ‘Transcript of tape 1, Including conversations with Dr, Roach, Dr. Ikejiani and nsrpt of tape A, ncusing conversation between Gerase Miler andi “Transcript of tape 10, including» conversation between Maureen Miller and Ed MacNeill ‘Transcript of tape 10, including a conversation between Gervaise Miller, and two women named| ‘Transcript of tape 18, including the statement of an anonymous woman who claims to have been beaten by police.i ua. ‘Transcript of tape 1S, including a conversatlon between Maureen Miller and ra Coney 142__Trensciptoftape 20, ncudinga conversation between Gervase Miler, HI or some othe. 143, _‘Transcipt oftepe 1V.Thisis a continuation of tape 10, 144, Transit oftape 1W, including» conversation between Gervase Mller and 1445, Transcript oftape 1%, ncudinga conversation between Maureen Miller and RE ores. 446, Transcript oftape 12, neludlng 2 conversation between Gervais Miler and Boxter Thome, 147, Transcript oftape 28, This tape contains a conversation between Ed MeNell and Maureen Miler. This tape has poor sound quality. 8. ‘Transcript of tape 2E. This tape contains conversations between Gervaise Miller 2nd TT superintendent Tinko, and i as, 150. 151. ‘Transcript of tape 2F. This tape contains a conversation between Gervaise Miller aT, ‘Transcript of tape 26. This tape contalns a conversation between Gervaise Miller a ‘Transcript of tape 3A. This tape contains @ conversation between Gervalse Miller and INI 20» conversation between Gervaise miler and IL 152 153, 154, sai? ‘Transcript of tape 38. This tape contains a conversation between Gervaise Miller and ‘Transcript of tape 3C. This tape contains a conversation between Gervaise Miller ‘and MIMI an insurance investigator. ‘Transcript of tape 3E. This tape contains a conversation between Gervalse Miller andeo oe oe ome os oe ooo oe oe 155, 156, 57. 158. 159, 160. 161. 162, 168, 165, 166. 15 [raze ‘Transcript of tape 3G. This tape contains a conversation between Gervaise Miller and IRIE an insurance investigator. ‘Transcript of tape 3H. This tape contains 2 conversation between Gervaise Miller and! ‘Transcript of tape al. This tape contains a conversation between Gervaise Miller and Chief Doug Crowe, Deputy Chief Brain White and Set. Peter Macisaac. “Transcript of tape 3L. This tape contains a conversation between Gervaise Miller ‘and Dr. Joseph Roach on January 17, 1993, ‘Adocument titled "Ed's Notes (Personal). Ths document Is recelved electronically as a POF-format lle, and has 32 pages. ‘A document titled "Ed's notes. This document Is received electronically as @ POF-format fle, and has 32 pages. It appears to be a duplicate ofthe document escribed In 156 above. ‘Nineteen colour photographs, recelved in POF-format. These are images that ‘show Clayton Miler before autopsy, but they are of poor quality. {An electronic document titled “Book 1.PDF*. This document has 137 pages and Includes many documents already inventoried here, but also includes some of Clayton Miller's medical records, and the transcript of hypnotized statement ‘An electronic document tiled “Book_28 pA". This document has 119 pages and includes many documents atest inventoried here, but also ineudes handwritten statements cf EI (dated sune 15,1991) and HEI (ed sane 18,1993, ‘An electronic document titled “Book_2b pdf’. This document has 116 pages and Imeludes many documents already inventoried here. {An electronic document titled “Book _3.pd. This document has 69 pages and consists mostly of miscellaneous correspondence between the Miller family and ‘various individuals and organizations. ‘An electronic document titled “Book_4a,pdP". This document has 107 pages and consists mostly of miscellaneous correspondence between the Mille family and various individuals and organieations.em ee es ms os oe om i ee 167. 170. {An electronic document titled “Book_4b pd. This document has 112 pages and consists mostly of miscellaneous correspondence between the Miller family and verious individuals and organizations. t includes 3 transcript of a conversation between Mr. Miller and Dr. Roach that took place on January 17, 2993. ‘An electronic document titled “Book_Sa.pdf". This document has 154 pages and consists mostly of miscellaneous correspondence between the Miller family and, vatious individuals and organizations. ‘An electronic document titled "Book Sb.pdf". Ths document has 82 pages and consists mostly of miscellaneous correspondence between the Miller familly and various individuals and organizations. ‘an electronic document led “Book 6 pd. This document has 82 pages a consists mosty of miscellaneous correspondence between the Miler family and ‘various individuals and orgnlztins. tincludesatranscrigt of conversation between Mr Miler ard I MI thot ook place on October 5, 1985, and a trensript ofa conversation between I ond WER «10% place october, 2995. an. 1m. 73. 174, ‘An electronic document titled "Book_7pd". This document has 72 pages and Consists mostly of miscellaneous correspondence between the Miller family and various individuals and organizations, ‘An electronic document titled "Book_8.pdf". This document has 46 pages and consists mostly of miscellaneous correspondence between the Miller family and various individuals and organizations, most notably the College of Physicians and Surgeons of Nova Scotia. ‘An electronic document titled "Book_8,pd", This document has 35 pages and consists mostly of miscellaneous correspondence between the Miller family and various individuals and organizations. {an electronic document titled “Book_10.pd". This document has 51 pages and consists mostly of miscellaneous correspondence between the Miller family and various individuals and organizations In my opinion this ist composes aressonably complete set of investigative documents. Like Drs, Butt and Baden, | chose to visit the death scene. {found ths exercise useful, in that | was aslreoes eee ese om cy oa es om ‘able to get a better sense ofthe scale ofthe scene, and in particular the nature of the brook ‘and ts embankment. ‘As have stated, the resources that | had access to Is not limited to these items. | also had ‘access to s number of other documents such as copies of correspondence, invoices, fax Confirmations, madia clippings, and other documents of an administrative nature. None of ‘these documents offer meaningful information about this case, nd | will not inventory them here or consider them further. apps yeom oo oe oo om om = em es ‘CASE SUMMARY ‘The following case summary is 2 synthesis ofall ofthe data that are available to me. This summary was composed in order tohelp the reader understand my opinior to replacethe source documents. and isnot meant (nthe evening of May , 1890, Clayton Mller had supper with his parents, Gervase and Maureen Mlle, approximately 6:00pm, Afterward he went othe MacKinnon residence With is fends Dale MacKinnon and I were Dale MacKinnon took» quantity of liquor bebe I I Accounts dif on the nature of he iqur: Some acount indicate thatthe liquor may have been rum and others say tat was ‘moorshire, The young men consumed the liquor, estimated to be about half of 40-ounce bot inthe space of approximately 30 minutes. Clayton Miler and Dale MacKinnon decided to attendan outéor party at approximately £00 pm, while decided otto attend ‘The outdoor party was located at a place locally known as “the Nest”, which is large open 2rea in Colley Lands Park on the outskirts of New Weterford, Accounts of the party vary somewhst, but between 25 and 70 young people were at the Nest. Clayton Miller was thought ‘to be intoxicated to a significant degree: Dale MacKinnon states that he was drunk staggering, ‘and feeling unwell, a portrayal that agrees well with other witness narratives saw Clayion Miller later inthe evening and reports that he was so drunk that he was “almost at ‘the stage of passing out.” Ataround 9: Pm, off-duty Constable Drinovz of the New Waterford Police Department ‘became aware ofthe party in progress and happened upon two other constables immediately ‘thereafter In response to this interaction and two public complaint that are recorded in the Police log book, the police decided to make a patrol to the party. The majority ofthe young people tthe Nest scattered upon the artvalof police officers. Ten Individuals were apprehended, ve of whom were charged wit vtious minor offenses Accordrg to ciiian witnesses, the entire police action took about thity minute, and none of these wanessesrecal sexing pole return tothe Nest, No witneses lac Clayton Mller inthe police vn, nd hisnameis not recorded in the Police Log Book as having been apprehended MRR tts thet she saw clayton Mir running along the embankment during the Config time when the poie were scattering the party and she states that he was eskng others they had seen his cap. emembers Clayton “fm going this way", but litle else, [pase f making the statementa = oe During the very early morning hours of May 5, Clayton Millers parents made a number of ‘ttemptsto ascertain their son’s whereabouts. n particular, Clayton Miller's father called ppolice, and was told thet his son was not among those young people who were apprehended at ‘the Nest that night, This interaction is not recorded in the police log book. Mi. Miler spent ‘most of the day Saturday searching unsuccessfully for his son. On Saturday afternoon, Baxter ‘Thorne and Gerald Coady are alleged to have been Inthe vicinity ofthe place where Clayton ‘Miller's tody was later discovered, reportedly with the objective of retrieving alcoholic beverages left there the previous night. Some people with famillarty with this ease attach great significarce tothe fact that neither man discovered Clayton Miller's body, a topie that will be considered later in this report. ‘When Clayton Miller had not returned home by the evening of Saturday, May 5, his mother ‘eportedhim missing to police at approximately 6:20 pm. She agreed to drop off picture of her son, and this was distributed to a patrol ca (n Sunday, May 6, Maureen Miler telephoned Dale Mackinnon, and shared with him her \wory tht something had happened to her on, Shorty thereafter, Dale Mackinnon arranged ‘o meet RIN to seach for leon Miler. At approximate 1:30 pm 9 Dale Mackinnon dlscovered his body ns brook cose to the location ofthe pany. The postion Inwhichthe body was founds of etical importance, and willbe considered in deta lter in thisrepor. The two fiends went back othe IM cesidence, where they alerted il REI the pote and other members ofthe community were called. According tothe poe 1s book, EI notied them ofthe death at 1:55 pm. She then went to Gervale Miles workplace to alerthim tothe elscovery of his son's boy, Set. Duyer's account deplets an emotional scene: ‘ren up the bank and | wes met by both Mr. and Mrs. Miller. tried to restrain Mr. Miler ‘but he was in a rage and got by both me and MacNell He sid down the bank with me tehind him and ran over and pulled his son out ofthe brook and held him in his arms. 1 ‘vied to separate im and is son and al three of us wer rolling around. then got up ‘and put my ain coaton the father and son. Clayton Miller's body was removed from the scene and transported to the New Waterford Consolicated Hospital. The fist physician to see him was Dr. John Stevens, who was on call at the Outpatient Department that efternoon. The sole product of is examination appears to be a letter addressed to the New Waterford Police Department. This report deserlbes an x-ray ‘taken of Cayton Millers skul, which was reported as “grossly normal”. The x-ray ofthe chest ‘demonstrated pulmonary congestion, an entirely non-specific finding that he nonetheless [PareSo soe oes os oe oe oe oe oe os oe Interpreted as being compatible with drowning. He did not note any surface injuries except for “some very superficial near black marks on his right cheek.” His testimony atthe Inquiry does ‘ot offer additional pertinent information. ‘Dr, Josep Roach, the local medical examiner, was summoned and he performed an ‘examination, His examination produced a report with the following anatomic findings: When saw him, he was face down, rigor mortis had set in, The left arm was straight ‘and rotated behind his back. There was no other signs of injury. Parts ofthe body could ‘ot be moved due to the rigor morts. {ts noteworthy that this report was filed on June 27 of that year, after Dr, Roach had access to the pathology report. Dr. Roach ordered an autopsy on Clayton Miller's body, and this was performed by Dr. Reianl on May 7, 1980, The pertinent postive findings at autopsy are: 4. Three small abrasions, described as being onthe lft posterior triangle ofthe neck 2 A2.2x0.2cm abrasion on the anterior right lower eg (ght leg (shin) 3. Emphysem, both lungs The lung are described in Dr. helen report as follows: Oss: Pleural cavities: The pleural cavities are smooth and moist. No adhesions or fluid is resent. ‘Lungs: The right lung weighs 450 gm. And the left lung s 400 gm. Both lungs are grayish- white and the surface is smooth and subcrepitant. MicRoscoptc: ‘Sections from the lungs show emphysema, All he labes ofthe lungs show emphysema. ‘The stomach contents are described as follows: “contains no partially digested fluid. Contains ‘only mu:oid tke (small) material and smelt strongly of alcohol.” ‘The pertinent negative findings at autopsy are: 4. No evidence of penetrating trauma 2. No evidence of any blunt injury thet could be reasonably classified as lfe- threatening 2olPareSe ee eS os mo os oe 3. No evidence of strangulation ‘Blood and urine were sent for toxicological analysis tothe RCMP laboratory and tothe Victoria General Hospital. oth reports agree thatthe blood alcohol was 120 mg/l The Victrla ‘General Hospital laboratory found alcohol in urine ata concentration of 265 mg/dl. Dr. kejian's final opinion on the principal pathological diagnosis was “pulmonary emphysema”, ‘The cause of death statement on the medical examiner report authored by Dr. Rosch was given ‘38: "Combination offal, while possibly under the influence of aleohol, with the body winding ‘up ina pool of water, which may have also attributed to his demise.” The manner of death ‘ven by Dr. Roach was “violent”, which snot one of the standard manners of death, ‘A judicial nquiry was convened into Clayton Miller's death, under Judge G.H. Randall, {will not summarize Judge Randal's report here, but the report appears to agree broadly with other ‘counts of the Investigation. Of interest, Judge Randal’ report provides an account of the debate about the cause of death: Drs, Roach and Ikejani favoured “dry drowning", Dr. Glasgow ‘offered the theory that Clayton died of exposure. In suppor of his opinion, Dr. Glasgow ‘estfed that the temperatures around that time were in the range of 2 degrees Celsius, and ‘that Clayton Millers clothing was wet. Its not known to me what Dr, Glasgow knew about the ‘erminalposition ofthe body, if anything. As Judge Randallis correct to note, Dr. Glasgow did ‘ot exartine the body, In the fral paragraph of his report, Judge Randall does not advance an opinion on the cause of ‘death, bit states that “itis my opinion that there was no culpable negligence on the part of ‘anybody which resulted in the death of Clayton Miller.” tis clear from the file that there was some degree of disatisfaction with this determination, ‘and eventually the Attorney General atthe time, the Hon, Dr. John Wiliam Gili, ordered the ‘exhumation and second autopsy of Gayton Miller's body. This second autopsy was performed by Dr. Jchn Butt on December 28, 193, at the Glace Bay Community Hospital mortuary in the company of Dr. Michael Baden, a pathologist employed by the Miller family. The autopsy was photographed by police, and a number of x-rays were taken, The pertinent findings of Dr. Butt’s second autopsy are: 4. Advanced changes of decomposition, in keeping with the post-mortem interval, but with 'elatively good preservation ofthe viscera (Including the structures of the neck) due to embalming 2. No evidence of blunt injury of any kind. Specifically, there was no evidence of skull ‘tecture, and no evidence of fractures ofthe ribs or long bones. RlPagems met = es me om om = eS eS soe 3. No evidence of bruising ofthe muscles ofthe anterior neck. These structures had been ‘elatvely well preserved, because they had been embalmed in the bag containing the viscera 4, No evidence of hyoid bone fracture. 5. Nopertinent positive findings on histology. 6. No evidence of diatoms in bone marrow. ‘The pertinent findings of Or. But’ review of investigative records (including the photographs) 1. No evidence of clinically significant injury, 2. A Ivicty pattern compatible with a prone position such that the head wa slightly atove the legs. 3. Abrulse onthe lateral aspect ofthe left lower lg visible in photographs, although Dr. Butt equivocates somewhat on this point 4 Asmall bruise onthe right cheek, again visible to Dr. Butt In photographs ‘5. Asuggestion ofthe "washer-woman effect” on the skin ofthe right hand, (Ths is an ‘observation thats sometimes seen in skin that has been allowed to remain in water) 6. Debris on the surface ofthe body that, n his opinion, appears to match the nature of ‘the material atthe death scene. Dr. Butt concludes thatthe cause of death s exposure (hypothermia), and in his narrative calls ‘attention to the potential role of intoxication by alcohol. He offers the opinion that “the decease has neither killed himself nor been killed” {Emphasis by Dr. Butt.) ‘The other pathologist that was present atthe second autopsy was Dr. Michael Baden, who had been hired by the Mille family. His conclusions about the cause of death agree with Dr, Butt’s ‘pinion, 4e states in his report: {tis my opinion that Clayton Miller did not dle of pulmonary emphysema or of drowning 25 Initially certified, but that his death was due to exposure tothe cold and to ‘consequent hypothermia which developed overa period of hours Blrere= om oo SO eS ee ee oe wo oe os ‘Although ve agreed with Dr. But’ opinion on cause of death, Dr. Baden raised the possibilty ‘that the body may have been moved after death. Naturally, this idea became the source of {reat conroversy at the time, and continues to be a source of speculation to this day ‘Asis sometimes the case, rumours continued to abound in the community, a number of which ‘were subsequentiy investigated. The following paragraph from the RCMP file exemplifies this Unfortunate phenomenon: ‘tthe sta ofthis investigation, Maureen Miler had advised us that told her that she heard froma nelghbour who heard fem someone else who heard that RB 2 ta his parents that he had kled Clayton Miller on the night in question. ‘A police Investigation definitively refuted this allegation, ‘A few ofthe more controversial rumours and outright fabrications (and the police response) are summarized below. These are presented here firstly to demonstrate the complexity that this Investigation has acquired, and secondly to highlight the abundance of false information that hhas eireulated in the community about this case, 1. Farsome time, it was held that Clayton Miller had been treated by ambulence attendants that Friday night, This was investigated, and the claim was vigorously denied by the ambulance attendants. None of the witness accounts from the young people at the Nest mentions an ambulance, nors there any evidence that one was deployed that night. 2. Ithad been held by some in the community that the ambulance that had been used to {ransport Clayton Miller's body on Sunday morning was mysteriously burned. On Investigation, itis true that an ambulance was stolen and burned, but the people who. actualy performed the body removal ae certain thatthe burned ambulance was not the one that was used to remove the bol. MRI 1 stor reporteaty under hypnosis) that she and Clayton Miler were besten by police and taken from the Netto an undisclosed location, where she ‘ed to rescue him but was unsuccessful. This story was investigated extensively, and cer witnesses can acount for he every movement between approximately 7:00 pm and 2:00am that night. Also, a prodigious effort at interviewing people who attended the pany atthe Nest that night fale to deny singe witness who coud place her at the Nest with ther, II recanted her story on Api 9, 1991, and there is no ‘nective evidence that any part of his storys tue, 2a|P agek ss on 4. Adllanstening toa pole szanner on the night of the party reportedly heard a polce offeer rect another police ocr to return tothe vicinity ofthe Nest to "go back and ft that young fellows sneaker’ Some peopl have Infered from tis that the owner of the sneaker was Clayton Miler and thatthe police mus therefore have known his whereabouts that night. This not so: police offer was detedtoretiove sreaker, but the owner ofthe sneaker was II another youne person 2kprchended that night 5. Two young women who were among those arrested on the night of May 4 have reported seeing a young male, alone, In one ofthe jal cells at the police station over a video feed. Some have inferred that this lone male must have been Clayton Miller, even ‘though the young women themselves have never stated that explicitly. In my review of the file, appears more likely that the witnesses saw one of two young men, 'RIs also noteworthy that, over the course ofthe last two decades, a number of people in postions of euthority and trust to the Mller family have opined that Ciayton Miller was ‘murdered, despite these individuals’ clear lack ofthe requisite expertise and experience to Proffer sich an opinion. For example, one of Mr. Millers physicians sai this: "have reviewed pieces of evidence which he has submitted to me including post- ‘mortem reports, photographs. Its certainly clear to me thet his son was murdered and «dd not die from natural causes, Out of respect for Mr. Millers privacy, the Identity ofthis physician isnot disclosed herein, but 'tIs worth noting that this individual has no expertise in forensic pathology oF medicolegal ‘death investigation, and was il-advised to have made this statement. wlPazeco ‘A RESPONSE TO THE DWYER REPORT Some time ago, the Minister of lustice received a report authored by Ms. Kathleen Dwyer. ‘Additionaly, | had the privilege of meeting with the Miller family, and at that meeting they gave ‘me a folder of images generated by Ms. Dwyer. As have stated, | wll offer an analysis ofthis, ‘eport by considering the two interrelated questions of whether or not she offers new Information, and whether or not she offers a novel and valid interpretation ofthe existing Information, ‘The major issues that Ms. Dwyer ralses inher report pertain tothe following 4. Mi. Dwyer states that Clayton Miller suffered a blunt head injury. The objective basis for her opinion is her analysis of autopsy photographs. She rales @ number of related 4uestions as to the ultimate fate of Clayton Mile’s brain. 2. (Ms. Dwyer states that Clayton Mille suffered a number of other injuries that were not ‘acdressed by previous investigators In particular, she assigns great significance to the {act that teeth were missing atthe second autopsy, and that both of the elbows were reportedly dislocated. 3. (Ms. Dwyer states that the time of Clayton Millers death must have been sometime around 0100 Sunday, May 6, and that he was placed in the brook between 0400 and 0600, 4. Ws. Dwyer states that Clayton Millers body must have been moved after his death, The objective basis for her opinion is an analysis of the pattern oflivor mortis and rigor ‘Mortis described and depicted in photographs. As wel, she makes reference to Dr. Baden’s opinion on ths subject. 5. Ms, Owyer makes a number of general statements that cast doubt on the cause of death. conclusions reached by Drs. Butt and Baden, Iwill adéress these issues in order, 41. Did Cayton Miller suffer a head injury? [Ms Dwyer has this to say about Clayton Millers head injury (page 6 of her report): Clayton died a violent and slow death, likely from a blow to the hes on Left Parietal area above the ear... 1, 25 per laceration BraceIn suppor of this, she refers to a manipulated photographic image (labelled Photo 1 in her report) that depicts the back of a person's head, withthe body on its right side, and with the shoulderson the left side ofthe picture, n the middle ofthe plture, there is light-coloured area naar the left parietal aspect of the scalp. She describes the photograph 2s follows (pages 6 ‘and 7 of her report: Seen hereis an enlargement ofthe photo of Clayton's back, on the left side of his skull Parietal area Its difficult to estimate the size ofthe wound without a marker or scale to ‘measure by, but the injury is significant. Estimate, this wound i slightly above the e Parietal Lobe area, governs motor and sensory stimull and control. The laceration likely large as an ear, or larger. The white part, n lower right hand corner of the lacerations. showing bone. Bruising is also noted at upper quadrant of laceration towards the frontal ‘area; bluish/purplish in color on either sie of laceration, Later on page 10 of her report, Ms. Dwyer discusses the second autopsy: However, the second Autopsy found no contusion on the skull, fracture, however it stould have been noticeable a slight indentation or abrasion on the skull bone at the Position ofthe laceration on skull, gven the force of a blow or injury it should have left ‘some markings on the bones. However both Autopsies filed to mention the ontuslon/laceration on Claytons’ sll, left side, as indleated in photo #1. This throws both Autopsies’in doubt. Regardless of how one wants to explain the laceration aforementioned, there is no explaining this away, the photo is proof. ‘Among the photographs | was able to obtain i one that appears tobe the orignal from wich Ms, Owyr's picture s reproduced. This photograph clearly depicts Ciayton Miller’ left ear in ‘the area where Ms, Dwyer posits that there isan Injury. (For the reader's convenience, |have ‘reproduced the original images in Appendix.) In my opinion, no injury ofthe type that Ms, Dwyer describes is visible inthe original photograph. Other photographs of the body yield additional clear views ofthis part of Clayton Miller's head, and no injury is visible in any of these images. Moreover, the reports and testimony of Drs. Stevens, Roach, ikejian, Butt and Baden indicate thst no inury was observed at this location. | also note that x-rays taken before the fist autopsy, and before the second autopsy do not show a skal fracture. With respect to the possiblity of brain Injury Ms, Dwyer states (pages 20 and 11 ‘There can be no explaining away, how so many medical professionals handled this case, ‘nd falled to see the injuries Clayton suffered to his sil (sc). Given the presence of Neutrophils and congested intravascular spaces inthe Brain establish this fact that some type of brain death/injury happened, that cannot be ruled out was caused by the BlPozea ee ee oe oe oe ox om me = = laceration on Clayton's skull. Neutrophils do not bud in great number until 24 hours, ‘which is also retarded due to the cold/hypothermia and net so prolific in Hypothermia asin brain injury, as kidney fallure is the usual cause for death from Hypothermia. ‘Ms, Dwyer’ contention that neutrophils were seen in histologic sections of the brain is Incorrect. r. Cury’s report observes "tremendous artefactual vacuolization involving both cellular elements and neuropil”, and makes no mention at all of neutrophils. Neuropl ls “the ‘complex net of axonal, dendritic, and glial branchings that forms the bulk of the central nervous system gray matter of the brain and in which the nerve cell bodies are embedded"? Dr. Curry 's thus referring toa normal, but somewhat decomposed constituent of Clayton Miller's bran. Dr. Currys conclusion is that these findings are “more suggestive ofa slow death such as would ‘occur witn hypothermia, rather than an acute death which you might expect to be associated ‘with drowning” ‘summary, Ms. Dwyer does not offer a compelling argument that Clayton Miller suffered a head injury ‘With respect to related issue ofthe fate of Clayton Miller’ brain, Ms. Dwyer has the following to say on page 7 of her report: ‘Aso, lst of embalmed viscera from Dr. Baden’s summary of Re-autopsy Report, page 3, {does not ist the Brain among the preserved organs remaved from Clayton's Casket. ‘Therefore we do not know I the brain was removed during the first Autopsy as Indicated and weighed, or whether random slices were taken from the top ofthe skull ‘area, or whether the L parietal area under the contusion was examined, and cell sample taken ofthe area, and further dissected. Its impossible to explain the absence of the Brain, ‘The human brainis a delicate structure, and rapidly turns into a grey-green paste with decomposition. Ors. Butt and Baden examined Clayton Miller's remains more than three years ‘after his death, Even allowing for the preservative effect ofthe embelming fluid, the brain was Undoubtedly an unrecognizable, thick semi‘uld by the time of the examination in 1983. Dr. Butt describes remaining brain tissue within the skull this way in his report: “Some amorphous pasty suastance was removed from the head, the remains ofthe brain.” 2 Does Clayton Miller have injuries that are not recorded at either ofthe two autopsies? ‘The ssu2 ofan injury of the head is considered in the preceding section, "The American Heritage Medical Dictionary Copyright 2007, 2004. Haughton Miffin Company. [PareE g f t =o "Ms, Dwyer has the folowing to say about Clayton Millers injuries (page: ‘There are adltional markings on both sides of his neck, noted on the left side, but not ‘noted on right side, a5 seen brusing in photo#2 right side of neck, also the extensive ‘brulsing on hi face is not from simply lvidity, Clayton received some injury to his face ‘ether directly or secondary from the blow to the back of the skull. The ‘arkings/bruisingon the right side of the neck appear lke pressure was applied, and ‘he trallings/tallings ground in, these marks resemble finger marks, And, later on page 8: ‘Te facial bruising on Clayton’ face and neck bilaterally need to be examined under Utraviolet light ina forensle photography lab. ‘And, on page 5: Ste Photo #2 Massive bruising on face, Photo #2 laceration sku Parietal Lobe, and ‘markings on Land right sides of neck, laceration R leg. ‘And, in the caption of Photo 2 on page 13: Proto # 2 Blanching seen right sie of face, brulsing and possible lacerations right side of ‘eck lower area up to below the area, three Very similar abrasions, lacerations, stratches, brulses. Bruising and swelling over frontal area, greater near middle over nose and under eyes, and forehead, Ms. Dwyer makes the following comments about the elbows on page 28: ‘During the Autopsy 12, Dr. Butt discovered that Clayton's elbows dislocated bilaterally” IMs. Dwyer explores the issue ofthe missing teeth on page 18: ‘Second Autopsy indicates Clayton was missing teeth, which teeth are not recorded, ‘Clayton was not missing teeth, the Miller’ stated and per dental records, comparison ‘an be made, before and after. X-ray of Clayton's skull ean be used to determine which teeth are missing. "have had the opportunity to inspect the photographs taken in this case, and in my opinion, the “markings” noted by Ms, Dwyer in photographs actually represent areas of livor mortis, not injury. Her contention that there is evidence of assault (“appear like pressure was applied” and “these marks resemble finger marks") has no objective evidence, merayoe oes me os oe ee ee ‘also note that Dr. Butt and Dr, Baden did not find, either at thelr examination, or on the review ofthe photographs, any evidence of soft tssue injury, especially ofthe neck. Dr. Baden says this about the evidence for neck injury: There also was no autopsy finding to suggest that a choke hold had been applied wiich Isstrong evidence that neck compression hadn't occurred, but occasionally tis ean heppen without producing changes that can be found st autopsy ‘This opinon Is especially significant because Dr. Badin was hired by the Miller family. ‘The Issue ofthe misinterpretation of livor morts isan important one, vor mortisis the purple- ‘ed staining that Is commonly seen on dead bodies that Is the result of blood setting with sravty. Because itis @ consequence of the action of gravity tis located in the parts ofthe body closest to the ground. tis commonly mistaken for brulsing by lay people, and ths Issue Is. almost certainly one of the most important causes of the Miller familys unease about this case, \With respect to the issue of the dislocated elbows, Ms. Dwyer’s opinion appears to have its ‘origin notin Or. Butt’ autopsy report but in the radiology report authored by Dr. R. MacDonald (who was engaged by Dr. Butt to examine the x-rays inthis case, in which he says that “There issublunation ofthe elbow joint bilaterally.” |n my opinion this finding i @ consequence ofthe combined effects of decomposition and ‘ransporiation of the body, Or. Butt describes the arms this way in his report of the second autopsy: Inthe lower legs and in virtually the whole of the arms, the remaining flesh was ‘Sterified (adipocere) creating a moderately firm waxy material replacing some of the stin and subcutaneous fat while much ofthe remaining muscle mass inthe arms and legs was not visible, That muscle which remained inthe arms was “pasty” and pink in olor. In short, Dr. Butt depicts severe changes of decomposition inthe arms, a situation that would lend itse easly to artefectual dislocation ofthe elbows, even supposing that the ‘transportation and manipulation ofthe remains was gentle. few teeth ‘The issue of missing teeth has 2 similar explanation. Again from Dr. Butts report: *. Were missing, with the laxity ofthe teeth in the sockets (a post-mortem change) lunguestionably the reason,”eee eee et eS oe oe {In summary, Ms, Dwyer does not offer new information with respect to Clayton Miller's Injuries, and she does not offer a scientifically defensible analysis ofthe existing information in thiscase, 3. Dees the avalable date offer specifi information about the time of death? (Ms. Dwyer’s argument appears to rest on a group of assumptions and observations beginning on page & Given likely that Clayton did not expire until sometime likely Sunday in the early ‘morning, judging from the state of rigor mori, al the Alcohol in Clayton's body would hhave been digested, andthe strong smell of alcohol noted by the pathologist at time of lssecting Clayton's stomach during Autopsy, s suspect. ‘And on page 8: Clayton's entire supper was digested tothe polnt of stool formation, Given the cold cendltons, injury, alcohol consumption digestion would have been slowed greatly, ‘therefore, to have formed stool would mean at least 212-30 hrs. Given the ‘reumstances, from Ingestion of food until expiring ‘And yah on page 9: because of the presence of rigor mortls Clayton had died not less than 12 hours before being found. Later on the same page, Ms. Dwyer elaborates on the issue ofthe significance of rigor: "Nore teling ofthe time of Clayton's death than digestion isthe state ofrigor-mortis; ‘when Clayton when photographed, he Is ina state of full blown rigor, which would dispense after 12 hours, and delayed in cold conditions. Therefore itis likely that (Clayton died sometime after 0100 on Sunday. No checks were conducted at the hospital, least not recorded, when rigor released. ‘The issue of the lvidity patern is explored in page 22: ‘Takes 12 hours for lividity to fix. If Clayton had did less than 12 hours previous to the shotos, the lvidity would not have been fixed, thus while iying in the ER. the lviity ‘@uld have been happening on his back On page 13, Ms. Divyer takes issue with what she perceives asa puzzling lack of decomposition ‘and insect predation:ee Lo om wm. Entomology: the lack of putrefaction of Clayton's body, although some autolysis is noted mis organs, says that he lived wel after his injury. The lack of insects i likely due to lack of putrefaction and autolysis. Diptera fies (24-48 hours), also flesh files, moose fs, blow flies, black flies, says that Clayton was not dead al the time he was missing, {ast seen Friday around 8:00, (On page20, Ms. Dwyer makes note ofthe relative lack of maceration and wrinkling ofthe skin fon the hands and feet ("washer-woman effect”): From the lack of washer woman affects from soaking in water, on Clayton's ska, he was 'kely placed in the brook sometime between the hours of 0400-0600 am. Sunday and likely expired around 0100 am hours before. ‘The surmmary of her thesis this Clayton Millers body was not as decomposed as one might ‘expect fr the length of time between Friday night, when he went missing, and Sunday, when he was discovered dead, ‘The protlem of asigning a post-mortem interval s nota new one. There isa general resumption amongst lay people that itis possible to give a specific time of death based on our ‘observation of things like rigor mori, livor mors the rate at which the stomach empties, and ‘the presence or absence of certain kinds of insects. Tiss false. The idea thet the post-mortem interval can be accurately estimated has been so thoroughly refuted that it barely warrants serious consideration. Stil forthe sake of completeness, | offer some excerpts from Dr. ‘Knight's excellent forensic pathology text: (On the subject of livor mortis (also called hypostasis) (page 57): Hypostasis can appear within half an hour of death or it may be delayed for many hours. +s variability is such that i is useless for any estimation of the time since death, On the subject of rigor mortis (page 61): |n view of the wide range of times at which the various stages of rigor appear and fade, ‘tis 2 poor determinant ofthe time since death. ‘On the subject of decomposition generally (page 64): 'n addition, the time scale for decomposition may vary greatly in different circumstances and climates, and even in the same corpse: the head and arms may be skeletalized, 2 Saul and Knight. Knight’ Fens Pathology 3” Ed ward Arnold 208, 31] Poge‘i eat hae aoe ey eo om mh oe a a hist the legs and trunk, perhaps protected by clothing or other covering, may be ‘moderately intact. All permutations may be found, making it even more difficult to estimate the probable time since death "Ms. Dwyer cts the gst contents as further evidence of later ime of death. Rellance on ‘astric emptying time inthe estimation of time of death has been shown tobe unreliable and ot scleficaly valid. thinks falrto say thatthe case of NII in Ontario has ‘thoroughly dspelled any notion that gastric emptying times area valid method of establishing ‘the time of death, ' conclude that current methods of estimating post-mortem Interval are unreliable and that Ms. Dwvyer dees not offer a novel or valid interpretation of the exlsting evidence with respect to the time since death, 4, Isthere any evidence that Cayton Millers body was moved after death? Ms, Dwyer alleges that Clayton Mlle’s body must have been moved after his death, a theory ‘that was first advanced by Dr, Baden in his report of the second autopsy. On page 11 of her ‘opinion, she explains her theory: Clayton's unnatural rgor-mortis position indicates that his body was moved, notin 8 ‘natural position to be lying face down. His contorted neck muscles, ether indicate he ‘as moved/and or ina seizure position when he expire. Also lividty on back and front, ‘otlikely fixed when brought to E.R, as some lvidity noted also on back, which would bbe more visible under ultraviolet light, lvidity takes time for fixation and is delay in cold conditions, Liviity on back and front suggestion he was moved, see Photos. ‘The firs ilar of her theory is thatthe rigor mortis and livor mortis patterns do not concord \with the terminal positon ofthe body. The second pillar of her theory is that witnesses who ‘ere inzhe viinty of Clayton Miller's body on Saturday, May 5, didnot seeit but (in Ms. Duvyer’s opinion) ought to have. ("as per witnesses who passed by looking for liquor hidden ‘the night before after the rad.” Page 13 of her report.) ‘The limitations of rigor morts and lvor mortsin the determination ofthe time of death have ‘been previously addressed, Based on descriptions of Clayton Millers body at the scene and the ‘irst autopsy as well as the photographs taken atthe first autopsy, in my opinion the pattern of livor mertis and the configuration of rigor morts are concordant with the reported position of the body when it was discovered, Le, prone (face down). The livdty pattern is anterior, in keeping with 2 prone position, with areas of blanching on the anterior torso, The arrangement a2[Paneos ee ew oe oe ‘ofthe limbs does not prove that the body was moved, and appear to me tobe consistent with testimony regarding the position in which he found the body. ‘The second pillar of Ms. Owyer’s theory bears some scrutiny, The witnesses that Ms. Dwyer ‘refers to are Gerald Coady and Baxter Thorne, who clalmed to be in the vicinity ofthe Nest ‘together on Saturday afternoon. Mr. Coady had intially told police that he was not near the location where the body was found, but later changed his story In a media interview. The RCMP Investigated this discrepancy in some detal, and the results ofthis investigation are recorded in the file. This excerpt isan excellent summary ofthis frustrating exercise: {Q Basically, what your telling me is that you haven't got a clue where you crossed that brook? ‘A. Maybe yeh. ‘At the very least, we must concede that his evidence Is not rellable. The account of Mr. Thorne ‘makes it clear thet he eld not proceed along the brook to where the body was later found, so ‘no signifcance may be assigned tothe fact that he did not discover the body. (st. Drinove was Ported in the vicinity of the body twice on Saturday, but on the first ‘tcasionhe never left his police car, and on the second occasion, he was looking for liquor in ‘the bushes along the stream, and from his description, he may well hve missed the area in wich the body was ultimately dlscovered. Importantly, Cst, Drinovz was not aware that Clayton Miller wes dead until well after he made these two visi tothe ste MR 22 through this general area ofthe Nest on Saturday. They ‘were Interviewed by police, but thelr account does not place them close to the eventual location ofthe body. Thus, thelr non-discovery ofthe body has no significance. With respect to this non-discovery ofthe body, a few other observations are noteworthy. Photographs and the video ofthe scene from Sunday, May 6 depict considerable vegetation on ‘the bants ofthe brook, which may well have obscured the body. Also, Clayton Miller was Wearingblack jeans, which are not readily visible. Based on these factors, and what i was able to observe atthe scene, | conclude that i is reasonable to suppose that three people might well have overiooked Clayton Mille’s remains, given the conditions, and especialy in light of the ‘ectthat none of them were searching for & dead body. (Or, Baden’s theory of the movement of Clayton Miller's body has a very different factual Underpinning His theory is outlined inthe following way in his report: there isno autopsy evidence that he died as the result of drowning. B1Poe5 I J i 5 i B SS oes ‘diatom test, under the supervision of Dr. Butt, found no diatoms in Mr. Miller's bone "morrow which further supports the conclusion that death was not caused by drowning, Ufthe two witnesses who state that Mr, Miller was lying face down inthe stream with his ‘nese and mouth under the water when they found his body are correct, then this Dlacement occurred after he dled. The possibilty that he died elsewhere and was then brought to the stream cannot be excluded. Emphasis added by me,] ‘Asan aside, others have unfally portrayed Dr. Baden’s opinion as belng more definitive than it ‘actually i Consider the way tis treated in this press release: ~iven this scenario, Clayton should have drowned, With this cause of death being lminated via testing, t becomes obvious that the location of death isnot in the stream \where the body was found, ‘What dos the evidence say about the postion of Cayton Miller's face inthe water? The police "report describes the position of the body as follows: ‘They located his body laying crossways in brook that runs through the park His head {and upper torso were immersed in water and hs feet were on dry ground at the edge of the brook. He was laying face down. But the testimony of the witnesses who found Clayton Miller's body does not agree with this ‘account. Dale MacKinnon’s statement to police has the body “inthe brook near the nest” and ‘onis stomach spread across the brook’, but nothing more specific. This is an excerpt from Dale Mackinnon's testimony at the Rendall ingui You saw him laying in the brook. OK, and exactly how was he laying in the brook, 19S he on hs back or on his front? ‘A. He was face down pointing towards the Nest Q Now was his headin the water or out of the water? ‘A I never really noticed, as far as know it was atthe edge ofthe water, On crossexamination, III tries to explore ths issue, but Mr. MacKinnon Is not ‘able to provide more specific deta Q —_Doyou know what position the head was in? ‘A Itwas straightforward that I noticed. Bal PaceQ When you say “I noticed” does that mean that you are not sure? A Yeah, You stayed far away, you didn't come close? A No. ‘The statement that II save to police doesnot ofer a detalled account ofthe poston ofthe body =o oe Where as iayton'sbody? ‘A. Hewas ace down na brook near the nest But consider this excerpt rom [III cicect examination: And what position was Clayton’s body in when you saw it? = os Face down in the brook, Huh. Could you gve us an Idea of what part of his body, fany, was in the water? Not really ‘You don't remember if his head was inthe water or not? a] Partofit Pardon me? Part of his face was in the water. = = prproro You remember part of hs face in the water. What about the rest of his body? A. Iewasinthe water, too. ‘And later, during his cross-examinstion: @ When you say that Clayton Miller was face down in the brook, can you describe for me, you sald that part of his face was Inthe brook, can you describe for me..wwas he lke on one side or the other or face down like.? ‘A. didn’t go right overto him, Q Pardon me? 35 [Page oe essee ees = = ss = A. didn’t go right over to him, You didn’t get cose enough to really see? A No, "Ris thus clear thet the first two people at the death scene did not form a reliable memory of ‘the exact postion of Clayton Miller's mouth and nose, and regrettably, it must be conceded that nether the medical examiner nor the police attempted tlic specific detall about this Important issue. Tiss significant because Dr. Baden appears to emphasize the importance of these two accounts in is opinion, and because many of the physicians Initally involved inthis ‘vestigation seem to have accepted uncrticallythe notion that Clayton Miller's mouth and ‘ose were immersed in water, I «2; 050 052326 poopie ate death zene ater Dale and IN His direct testimony, ast relates to the postion ofthe body, i as follows: © And you saw Clayton Miller's body face down in the stream? ‘A Yeah he was layingin the stream. On crossexamination by IEE his account becomes more detailed: Mr, Mackinnon, would you deseribe the position on of the body as you recall t? A Wellwhen we wert down, IIIS and some offcer was ust coming then, my brother was after telingme and we called the cops and they didn’t get there | ues quick enough for me eh. 50 Iran down trough the woods and I Just go there maybe a minute or 025M and them were coming He was laying down with one arm behind his back and one out in front of him in the brook. © When way washsfoce? A. tewasonits sée, A te later inthe record the court seeks carfeation on this point @ —_Itwasnt face down? A. Rwasn'tface down, was on t's sie I 00:50 09 or deta on his point: ae IP area eee et oes oe os 5 = = Was his face in the water or down..2 ‘A __Atthe time there was just a litle bit of water around his face lke his face wasn’t cwvered in water or nothing @ Was his nose in or out ofthe water? A __Inever realy took much notice e, lke it's something that you don’t relly want. tosee, Police were eventually alerted and were brought tothe death scene, Sgt. Thomas Dwyer gave ‘the following evidence on cect examination with respect to the postion ofthe body: 2 So you went down to Colliery Lands Park and who did you see there? ‘A. _Ahwe parked the car and we walked over the pathway and down ove the bank and we ret RE onc there was the body ofthe young boy there across the brook, he was face down, He was identified as Clayton Miles Later, heprovides more detail: ._And what can you say about the level ofthe water visa vie his air passages, his ‘nasal passages and his mouth? ‘A. When | leaned over the body to get a pulse on the side of his neck and that ! fund that he was very cold and stiff and when | looked down, his mouth and nose were ‘out ofthe water. the water was just around ths part ight along here. ‘The account of Cst. Wayne Crowe, who attended the death scene with Se. Dwyer, does not ‘ive useful Information with respect tothe position of Clayton Miller's mouth and nose. It was ot long before Cayton Miller's mother and father, Maureen and Gervaise Miler, arived at the ‘scene, Mr. Miller gves the following acount of the postion of his son's body: Describe your son's body as you saw it, when you first arrived? ‘A Itwas ying zcross the brook, ah. could I stand up? Q that will assist you? ‘A. Wellit was laying aeross the brook, it was. this pat of him was down inthe ‘water. His lefthand and arm were slightly around passes his side towards his back. His. /head was tipped tothe right on back and this hand and arm were ike this.and wes {yng sort of slanted across the brook with his face in several inches of water, 37|PageSooo oe oe ooo oo eo Q How much of his face was covered with water? ‘A. Idon'tknow, maybe half of it. In falrnessto Gervaise Miler, this had to have been an extremely emotional event for him, and his objective at the scene was nat to make detalled observations about the position of his son's body. The direct examination of Sgt Dwyer leaves no doubt about this. In summary, the information we have about the position of Clayton Miller’ body is somewhat equivocal but the following statements appear to be supported by the majority of the witness ‘accounts: 1 Chyton Miller's body was found prot 2 Chyton Miles body, exclusive of hs head, was at lest partly immersed in water, 3. Chyton Mile’ head was positioned close to the edge ofthe brook; 4. Cayton Mile? head was tured to one side; 5. Aileast part of Cayton Millers head was n water, but: 6. itis far from certain that Cayton Millers airway was immersed in water. Infact, the best and mos specie statements those of I anc Set Oye) Indeate bs airway was mostly or entirely clear of the water. | conclu¢e that Ms. Dwyer does not offer fresh evidence with respect to the movement of Clayton Miler’s body. I conclude that the facts ofthis case do not support Ms. Dwyer theary that the body was moved after his death. Furthermore, | conclude that the facts of the case do not support Dr. Baden’s speculation that the body may have been moved after his death, which was based on incomplete and potentially Inaccurate information, 5. What Is the cause of Clayton Miller's death? Inber report, Ms. Dwyer advances the theory that Clayton Miller died ofa severe head injury, ‘with sone contribution from hypothermia, and ralses the possibilty of foul play of some variety, The objective basis of her opinion on the cause of death has been discussed above: ‘there isno evidence ofthe severe head injury that she describes. The principle cause of her theory that fou! play must have occurred appears to relate to the notion that the body must have been moved after death. There s no proof ofthis, as previously addressed,ee om os oo oe = ‘The question ofthe cause of death i the principle Issue of ths case, and unfortunately it must be said that the medical examiner service at that time didnot meet this most important challenge Several theories about the cause of death have been advanced by the physicians involved jroughly in order oftheir involvement}: Dr, thelial: Pulmonary Emphysem: then, xphyai; then, dry drowning. Dr. Roack: Fall while intoxleated, with an undefined role for water; then, éry drown Dr. Perry Drowning, with leohol intoxication and exposure as important factors, Dr. Glasgow: Exposure (hypothermia) Dr. But: Exposure (hypothermia) Dr. Baden: Exposure (hypothermia) ‘With respect to-my own opinion onthe cause of death, | have had the benefit of the original ‘Photographs ofthe body and scene, the pathology reports and histologe sides, and testimony {rom the inquest. The photographs show the entire surface ofthe body except for surfaces ofthe hands, the plantar surfaces ofthe feet, and the geital ‘well-represented. l make the folowing observations: ‘the palmar ‘The anterior neckis 4. The body is that of awell-nourished, normally formed young white male who appears the reported age of seventeen years. 2. The body is clad lightly for the amblent conditions: the clothing consists of a red ‘Sweatshirt, grey cotton shirt, black or very dak blue Jeans, light-coloured socks and brown leather shoes. 3. The surface of the unciothed body has adherent flecks of brown-black material ‘resembling soll or vegetation. This is especially prominent over the head, neck, and exposed areas ofthe lower abdomen. 4. Rigor morts is present. '5. Wor mortis is present in an anterior distribution, with some blanching on the chest and ‘anterior legs. Tiss consistent with a prone terminal position. Of note, one of the ‘Photographs shows that livor mortis is still blanchable t the time the photographs were ‘ken, The livor mortis is a bright pink, a finding that is sometimes associated with hypothermia. 29 Pacess me i] So ee oe 6. The skin ofthe right hand is water-logged inthe characteristic pattern of the washer- ‘weman effect. 7. The skin of the right upper eyelid the bridge ofthe nose, and the tip of the nose have small abrasions. 8, The skin ofthe right cheek has fan I defned red bruise. 9. The shin ofthe chesthas a sparse, aneiform rash, 20, The skin of the right lower leg has a smal defined red bruse, 14, The stn ofthe lft lower lag ha a smal round, red bruise. Pertinent negative findings ofthe photographs areas follows: 12, The scalp does not bear evidence of a head injury. Importantly, the white sheet in which the body was transported Is not stained with blood, 13. The neck does not show evidence of strangulation. 44, Although the hands are not perfectly represented, there are no bruises inthe locations. where we might observe defensivetype injuries. 435, The body does not demonstrate evidence of any cutaneous injury, except as previously noted, 16, The body does not show evidence of penetrating trauma of any type. ‘The reperts indicate thatthe organs of the body were normal in their morphology, as would be ‘expected in a young, healthy person. Of particular note, there iso evidence that Clayton Miller aspirated water, as might be expected if he had drowned, The toxicology report shows that he \was intoxicated when he died, an objective finding that agrees well wth witness accounts. Histologe findings in the brain have been discussed above. Additional microscopic findings of ‘ote incude vacuolation of renal tubule cells and pancrestc acinar cells findings that have ‘been reported in cases of hypothermia, Although not specific, these findings are additional supportve evidence of hypothermia, The history, circumstances of death, and scene findings are of paramount importance in cases ‘such as his death, in which the anatomic findings are subtle and nonspecific In ths case, Clayton Miller was ina severely intoxicated state, outdoors on a cold night, who fled through ‘ough terrain inthe dark during a police red. His body was found later, prone, and partyin a aol?eneoe oes oe oe oe oe oe oem es oe en on = shallow stream, but with his mouth and nose probably at least partially out ofthe water. The significance ofthe stream is thus not that it caused him to drown, but that it probably caused his body to lose heat rapidly. The few cutaneous injuries he has may be referred to a stumble ‘through vagetation and down the embankment of the stream. 4 conclude that it is mos ikely that Clayton Miller died of hypothermia, with alcoho! Intoxication asa contributing factor. The manner of death Is aeldent. There is no evidence that hhe was beaten or strangled, and the dea that he drowned has ts origin n an inadequate Investigation ofthe death scene. With respect tothe cause and manner of death, | am thereforein general agreement with Drs, Butt and Baden. | acknowledge that Dr. kejian was asked to consider the hypothesis that Clayton Miller died of hhypothermia, and his thoughts on this subject are documented in a letter he wrote to Staff Sergeant Barnes on November 29, 1993, In this letter, Dr. ksiani advances the case for dry ‘drowning, and indicates his disagreement with the hypothermia hypothesis on the basis of the following six points (which for the sake of clarity, have summartzed): 1. Absence of frost bite or gangrene 2. No red patches or blisters onthe skin 3. No anoxic patches onthe shoulders, knees, hands o feet 4. No deterioration of tsues such as hemorrhage pancreatitis or gastric ulcerations 5. Ro evidence of cerebral infarcts and related phenomenon 6. Nogeneralized edema or ed alscolouration ofthe face, or parahytic ileus Dr. Ikejlant's reasoning is flawed. Even if these findings were typical or commonly found in cases ‘of hypothermia (and they are nat), their absence does not exclude hypothermia as a cause of eath should also emphasize that the concept of dry drowning is controversial and is broadly considered outmoded. ‘Much ofthe uncertainty and controversy regarding this case has likely been the result of divergent and often contradictory accounts about the circumstances of Clayton Mille’s death and the discovery of his body, conflcting and shifting opinions about the cause of death, and Widespread dissemination of conjecture, innuendo, and outright fabrications. The fact that physicians substantively agreed with each other later in the history ofthe investigation s— unfortunately —too little consensus, too late. ai|PogeE [ E p E U E om om oo os es oe {Im my opinion, the principle fallure ofthis case is owned by the medical examiner service. All of ‘the physicians who were Involved early in the investigation accepted uncritcally the idea that a Person wi is found face down in water must have drowned, This isnot so: the nature of this. Particular body of water, the local weather during this period, the lack of supporting anatomic evidence, and the other details of the death scene ought to have prompted a more thorough ‘reatmen: of this issue by the medical examiner. Specifically, it was always the duty of the ‘medical einer to Identify the postion ofthe mouth and nose with respect to the water. ‘When the medical examiner failed to demonstrate leadership on this point, no amount of Police investigation could make up for this fundamental deficiency. aaipage= = =m CONCLUSIONS AND RECOMMENDATIONS. Clayton Miller's body was discovered ina shallow brook on the morning of Sunday, May 6, 1990. Head been seen ave by friends on the evening of May 4, 1980, duringa party in the iinity ofthe Colliery Lands Park. He was Intoxicated atthe time of his disappearance. Two ‘utopsiet and multiple reviews by physicians and investigators have lent no credence to the Notion that Clayton Miller died by violence. ‘have reviewed all of the avallable autopsy and investigative material generated since Clayton, ‘Miller's death, end have no reason to belleve that any pertinent material has been withheld or ‘destroyed, In my opinion, the existing datas suficient to determine the cause and manner of death to reasonable degree of medical certainty, The second autopsy conducted by Dr. Butt ‘sppears to have been competent and thorough, with representatives ofthe Miller family in attendance, Of note, Dr. Baden, the pathologist retained by the Miller family, agreed with Dr. Butt’s opinion regarding the cause of death. After two autopsies and twenty-four years, itis my ‘pinion that exhumation and re-examination of Cayton Mill's remains would be extremely Unlikely o yield any meaningful new and reliable information. ‘Ms. Dwyer’s report provides nelther new information nor a novel or scientifically valid Interpretation of the existing data. Thus, her report doesnot provide the basis for new {nvestigation. Nomnew or adcltional forensic methods or testing are merited at this time. ‘After reviewing all information regarding the investigation ofthe death of Clayton Miler, itis ‘my opinion that the cause of death was hypothermia due to environmental exposure, with ‘leohol intoxication a contributing factor. The manner of death was accidental. This opinion is In general agreement with Drs. Butt and Baden, withthe exception of Dr. Baden’s theory ‘regarding the possiblity of movement of Clayton Miller's body after his death, whi supported by the evidence, and (unfaily to Dr. Baden) has been overstated by other Individuals, fal raceAppendix ASTs FS Ey ees ee oes wes ose er es -e- e- e Ture bocte attorney Generat Justice Dice of he Minster ner 01 20% PRIVILEGED AND CONFIDENTIAL, Dr. Mathew Bowes, hist Medical Officer ‘Nova Scotia Medical Examiner Servica r. Wiliam D. Finn Centre for Forensic Medicine 51 Garland Avenue Dartmouth, NS BSB OJ2 Dear Doctor Bowes: Re: Clayton Miller Case Miler, | further request that you provide a recommendation, based on your protessio 'rvestigation into the death of Ciayton Mller is Yours tuly, Ae Suto Honourable Lena Metlege Diab, ECNSAppendix B SP Cok CS TS A RE RARREPORT REDACTED Bem ee oe oe oe omAppendix C — & ee oo eefesara nan the saat of indury— - — When Lan hin. te wae_tacd down: Z gor_nortis hed. at in.,Appendix D sd a ROALD A EERO ET TEvrs 8 ° E WITS se \EERFORD CONSOLIDATED HOSPITAL PART |. GENERAL FORMATS A.11-80 a I ro -ifo- zai Been app ee] aes er} - Dr. J. A. Roach Dr. Stevens. SIRT FANE. AGROTES 3 PATHOLOGICAL DIAGNOSIS Pulmonary emphysema. i of & 17 year old young boy who attended a party Fa stream, He was last seen on Friday, May 4/30. yh again, it vas in the evening of Sunday, May 6/90 dead with face lying’in a strean. preter dune 6/90) °. Teej hutepay Protocola we TL oS oT Po LPS SL ee Presence. The kids Old kid was found wn in the brook near 11 directions. ‘This 17 ye ‘on Sunday (evening) May 8/00, ‘the site of the party” lying dead face do 5 Ib o8r 4.6 =/20~57, Moore ey laos ahekefner eel a.11-90 ‘Three superficial small markings Of superficial abrasion left Posterior triangle of neck (pin- point) \ \ \ \ \ \ Superficial abrasion; measures 2.2 x 0.2 cm, right leg (shin). 4be ee naan ap uataeasuyatariiasPUT EF PS Fe ee ee oe ee ee ee Pleural cavities: the pleural cavities Bre smooth and moist. No adhesions or fluid is present, Lungs: The right lung weighs 450 gm. and the Teft lung is 400g. Both lungs are grayish-white and the surface is smooth and. suberepitant urcRoscopre: Sections from the lungs show emphysema. All the lobes of the lungs show emphyserCyy Se Sm -e o \ wreroscopre: Sections from the myocardium are | irenarkable. reverseseel soe ER ee ee ee ee eee euuows \ ERE,’ TeteNs 1550 gm. the surtace is | smooth, tira in conetStenct ate Feqdish brow incolour. On settion, th out surface shows normal aren tient ata) bladder and bile ducts: normal, | Sailbladder and bile ducts: Pancreas: weighs 85 gm. unremarkable. urcRoscopre: Sections from the liver show normal architecture. Sections tron the pancreas are unremarkable.ot PRT ALMENTARE neaiies TREE Err rrrree Ross Pharynx-Bsopbagus: unrenariable 1 \ Stomach-Duedenum: contains no partially ‘gested Fluid. Contains only mucoid | ike Conall) material end area strongly of alcohol, Snail and large intestines: normal. Retroperitoneum: normal. L.J5-'F's aes |STSTV VTE weighs 160 gm. The surface is ‘Snooth and purplish red in colour. On Section, normal architecture is seen. Lymph nodes: There is no enlargenent oP the bits lymph nodes Sr steeee Sap nodes in the body. urcroscopre Sections fron the spleen show normal architecture1 A.11-90 a moa ver on EE mae cuiraten osee joutGislalaeeecoeea 1 hee Serene ar wenn: muacetn T1Jarsacs or contr moses ater ese ree Ross: Kiane ‘The right kidney weighs nd the left is 124 gm. The capsule of both kidneys strips easily revealing a reddish-boown smooth surfac No scars are present. On section, the cortico-medullary denarcation is'clear. Renal calyces, pyranids and renal pelves are normal Ureters and urinary bladder: normal. MICROSCOPI Sections from the kidneys, show normal architecture.MrcRoscopic: 8pas ake taen cue uses nomi ah Oo TODAA EA ERULVAD YUVAcross: weighs 15 gn. : urcroscopre: eo RDeSe RPLATRV EP EET®PUT PEE oe ese oe ee or ee Tri eAorThage OF hin sare bin No. sottenin tee \ \\arteries are inrenarkable. There is no } elidence of cer © aneuryem or _* subarachnoid| oe ee ( eee ee a oa oc pos sean ete coe Od NA RD RRA LEAPRPS DALAL: pelt tet 222 EA ER FEA SST SSISsan iat me 8 oe Se es A RA EEE EEETa Ce i EUULURUEE CE Terese vesso Coho ak ed wea Oe eg Ho ea a EAH HARTA LS LIDAR TSma ine oes oi ie Tivanonenatanaaigeatas Uy tyrny?FEE STATEMENT - PATHOLOGIST «NAME oF PathoLosis DR. O. IKEJTANE (Please Print) Address: Glace Bay General Hosp. 200 South Street, Glace Bay BLA 15, Signature of Pathologist: __‘ 2d oh 1p 240-179-001 Vendor Code #: — _ Autopsy Authorized by: _pe__J.A. ROACH (Wane of Medical Examiner) Date Autopsy Authorized: _ tay 6/00 oe Name of Deceased: CLAYTON MILLER Address of Decedsea: Kew Waterford, ¥.6. eee eee NO eS Date/time of Death: May 6, 1990 A 1500 hrs Place of Death: Found dead with face lying in a stream in fiel: round dead with face lying in a stream in Autopsy #:_A,4-00 Pate/time/Place Autopsy Pexformed: Nay7/90 @ 1010 hrs, SUE 9 ee ees 9 os oe ee a ANOUNT BILLED BY PATHOLOGIST: Autopsy brain examined) $211.19 Autopsy tissues 25 at 7.68) 192.00 403.19 cut VUUTET ~ Attach copy of Preliminary Autopsy Report to Fee Statement ané mail tor RA. Perry, M.D. ; Chief Medical Examiner for Nova Sscotii 5788 University Avenue Walifax, N. 8. BaH IveEs ee ee ee FORENSIC RAPPORT DES LABORATOIRES [Rfonatony rironr ——_“Worcanea TiS REPORT OR ANY RELATED. 4 ESTINTERDT DE PUBLIER Ey TOUT OU ASRS INE pe SRUSie tary, je SRR ane at al Selnesiie pean oowi2ee Teseten fines Detstbment Basi oxford serene Veo ests Ie. saivett sista, 9.8. BM 513 ctayton Joseph outen 10s 73-04-39) Siang oeatht oe nrg turesford, W.8, 90-05-06 received Personally from C/H 8.P. Lanb of the Toxicology Section fon 90-05-11 Pxhibit HA: one vial of blood To analyze Exhibit #1A for alcohol content and other commen volatiles. pesunrs, Exhibit #18 contained 120 milligrans of ethy! alcohol in 1N0 mildilseres of blood. REMARKS. ‘The portion of Exhibit fA wae destroyed in analysis Submitted by: Wi. Wisdvb W. Westenbrink, M.Se.. B.Sc. (Mons), Alcohol Section. wre Canad: Victoria On Feray a Sony General Hospital jetiegserna 2 isp TOXICOLOGY assay aa cs = a May 31, 1990 3 Se “izPtes Waterford Con Hospital Se a Heron Waterford § S| 3 ee 5, Mer clayton ef ee ca BPD S| —— Ss SSeS me Sse lems Ee | ett Sa z aa enn 0 ean Rt com STS $a Se mS Se ee ear | a a aX Ts =a ee a 5 90/5/35 U Blood: Ethyl Alcohol = 120 mg/at fk Urine: Ethyl Alcohol = 265 wo/at a = 2 Ze Cocaine Metabo te) Cennabinoigs + Drug Screen = No drugs d sunk Ze Leoal CO7 AD Fraser, Ph.o. a Fire,Appendix E laaneranemse rete tLe RPA ELT LT AS CALC CCEA TF TOSSPHOTOGRAPHS REDACTED aAppendix F a fon no or mt, me ea ein es ae ae ah Gh ES EISELE ES7. Se SE OU Se S8 os re ee oe eee er 3830 1a St. $.W. Calgary, Alta Tas IRS CONFIDENTIAL or ces. Wayne D, Cochrane, Q ‘Legal Counsel Department of Health 12h Flor, 1650 Holi st P.O, Box 488 Halifax, NS. BSI 2R Dear Siz ‘Exhumation and Autopsy: Body of Clayton Miller Pease find enclosed my report in duplicate, 1 forward my fee and disbursement ‘Account under separate cover. 2 is imporant to acknowledge with thanks Sections of Sydney, N.S.,notably Cpls. G, Taker and J, Leadbeater; emmunlty Hospital, Drs, Uiani and Perry; and the (RCMP) Foremic sce) Feet Half. 1wat pleased to have the arangements of SSgt. Arenal, ROMP, and also Grég Sparling from the hospital in Sydney, As well ” funeral ‘rector (and sons) was helpful and accommodating. toa difficult ask, made the w ‘Poor weather, forse by daytretmoumed and pleased to be engaged for this assignment and thank you partculrly for that, Yours sincerely, CC, But, FRCPath Forensic Pathologist JCB yewoke Ea eet ee Tole SVs 5 . aus eu ct COPY TABLE OF CONTENTS Page Number Authorization for Exhumation Ireroduetion Eshumation Autopsy Report Microscopy *AFrom (Second) Exhumation Avlopsy Microscopy "B" From (First) Autopsy ‘Synopsis of Histology (Microscopy) iatom Study Site Visit Inerpretation of Police Photographs Conclusions Sommary Appendix A - Report of X-ray Examination of Exhumed Body Appendix B - Report of Toxicology of Liver and Fluid from Gallbladder from Second (Exhumation) Autopsy ‘Appendix C - Report of Neuropathologist on Microscopic Sections of Brain from Original Autopsy, 8 May, 1990 ' 1 2 3 10 2 13 16es = a =o so wanaer ol uate, ~ rose, ‘Attornay General fieesee wares ont a rom De FE FoRSUAN? 0 7 oF TEE ‘MOALTE AC me Haakth ask provides in part * —87__No person ona2 diuinter = renove ‘a buried human (cept at the instance of che Attorney: ay unlwss. with the Geteten paraiesion of the pedicel health ities for the piece in wnich the body 4e ouriea. Pursuant to the authorsty in ae as Attorney Generel, including that ve ‘ny Seotion 87 9! ehorite and direct that the the T naceby | PeagRe Ghayeon Willer be diaintarres fron te costing a Cenetery, Lingan, and taken £F08 plas in wee ‘Tonoph' Genatery for an autopsy ts performed by ‘and under the direction ef Dr. John C. Bukts varzp vat Halifax, Nova Scotia, thie D5 aay of Decumber, A-D., 1993+ juice and Attorney ove erst ee, ez 23= = om a ve ra, INTRODUCTION ‘The sezond autopsy on the body of Clayton Miller was an opportunity to review, in particular, the following matters which were not clear following the initial autopsy of 7 May, 1990; 1) Whetber there were fractures of the Jong bones, sib cage and pelvis - xray examination was accomplished on the occasion of the second autopsy. 2) An opportunity to review gars of the body vulnerable to injury, notbly the neck, fand te limbs, as well ax re-inspecting the skull for fractures and reviewing the integrity of the chest and abdominal cavities. This augments the x-ray examination. 5) Clarifcation of the pathology of the lungs. This review, was facilitated by the good on of the viscera, ie.,lungs, despite passage of time (through chemical ‘Embelming treatment of viscera contained in a bag) thus presenting, much the same {pathological Gncluding microscopic) material as for the initial postmonem Examination, There was opportunity to clarify issues surrounding the diagnosis of emphysema (*hyperinflation*) and the matters of asphysia and drowning, 4) Clasification of the toxicology, notably the issue of drugs. 5) The medical cause of death. “This second autopsy provided opportunity to review circumstances surrounding the finding of the body, original autopsy conclusions, and finlly to address these and other ‘issues relied particularly to the medical cause of death and aceidental or otherwise, The review provides furher and fresh allegations that have been made about this death since 6 May, 1990.REPORT OF POST-MORTEM EXAMINATION December 28, 1993 at Glace Bay Community Hospital Mortu sry Glace Bay, Nova Scotia Dictaled at approximately 9:10 a.m. in the presence of of New Jersey, U.S.A,; Dr. M. Baden, consultant pathologist accompanying New York City; Greg Sparing a pathology technician from Sydney City Hospital, Sydney, Nova Scotia; Cpl. G, Taker, RCMP GIS Syeney Subdivision and Cpl. James Leadbeater, RCMP Sydney Subdivision Identification Section. ‘The body described herein was exhumed in the presence of Messts. Taker and Leadbeater on 27 December, 1993, from a churchyard cemetery grave at Lingan, Nova Scotia. Later on December’ 28, 1993, the original funeral director, indicated that the body that he saw exhumed at St, Joseph’s Cemetery, Lingan, Nova Scotia, ‘on December 27, 1993, was that of Clayion Miller, whom he had’ been responsible for interning in the same place in May of 1990. In the presence of Cpl. Taker two seals from the mortuary door were removed at ‘approximately 10:40 a.m, and a body recovered from the refrigerated space by Greg Sparling. A mortuary “cot* containing the body was removed from the space and a bag of ‘ped material, said to be *viscera",separated from same. Further material removed from ‘Over top of the body consists of a length of 1'4" wood and some casket lining, A cloth taken from the mortuary cot and the body seen as that of an unidentifiable subject clad in ‘a swear and corduroy style trousers, ‘A number of small Joose items were apparent over the upper part of the body, Including a gold colored ring, a number of religious medals in part attached to small chains ‘or bracelets, a small brooct-like object appearing to be two shoes, a loose, partly broken loop of metal in a ring shape, a signature ring identified with the intial "G*,and rosaries @), pls a crucifix on a chain. Beneath the shirt a further medal (separate)’ was located together with a crucifix, and two other metals on a chain, A parly discolored $5.00 ill was also recovered. Additionally a watch was present on the left wrist Next the body was photogranhed by Cpl. Leadbeater. At approximately 11:10 a.m. ‘Moira McPhee and Marilyn Edwards, x-ray technologists, arrived with a portable x-ray ‘machine and the body was x-rayed beginning with the head, which detached readily on ‘accomt of decomposition, with most of the cervical spines falling free. ‘The body was measured at 167-169 cm. No scale was available so no altempt was ‘made to weigh the body. anne eee se naneeeTUS. REPORT OF POST-MORTEM EXAMINATION (Continued) ‘Clothing. consists of a pullover sweater, ribbed at the collar neck (crew) and cuffs, 4 shin, a leather tie, a pair of corduroy trousers and underpants, EXTERNAL EXAMINATION 8 Generally the body showed advanced decomposition, such that the head had parted ‘rom ihe trunk of the body through a complete disarculaion through decomposion ‘ol the ‘muscle coverings and ligamentous portions of cervical spines. Additionally, the fesh from the hands was virtually absent and the hands had cisartculaed, leaving the bones of the hands present on the abdomen where the hands had rested in the casket, [The viscera vas presented ina separate package which had been reinforced following zhunation and which upon opening indicated a sweet, rather strong smell, suggesting & chemical preservative such as embalming uid, ‘HEAD AND NECK, «shine (NOT? aS NO clear Indication of facial features. ‘The face showed a post-mortem ‘white fungus deposit (seen in patches over the sweater, a8 wel), The head was x-rayed and ly manual apaeny witout rerun, afew ih were missing, with the lnxty of the teeth within the sockets (a post-morem change) lunquestionably the reason, Sulphide siaining was noted liberally on many ofthe teeth and ‘around the dental sockets, including those where the teeth were missing. This black color ‘was prominent on the outer table of bone ofthe skull, Some amorphous pasty substance ‘was moved from the head, the remains of the brain, SKULL, (2) A close examination. of the inside of the skull revealed no evidence of » old of recent, The inner ears were opened and thought to be free of hemorrhage externally and within, (©) Im the neck. anteriorly, the small bones comprising the unfused hyoid were ‘examined and found to be without evidence of injury, notably fracture. These three separate picces of hyoid were consistent with the age of the deceased. ‘The cervical spines were normal.a oe os omnes. 8 © TRUNK. REPORT OF POST-MORTEM EXAMINATION (Continued) Examination of muscle tissue over the anterior larynx, notably over the thyroid and cricoid cartilages, was noted to be normal and reasonably intact, and did not show evidence of hemorrhage. Within the larynx the vocal cords, were intact and mucosa covering same and extending down into the trachea, Indeed into the bronchi, noted to be normal, with no evidence of petechial hhemorthages. (This material recovered from the viscera bag had been preserved by the embalming lid present.) ‘The sib cage, was parally collapsed. X-rays were taken before this inspection and appeared normal (se appendix "A"), Within the thoracic cavity was coton waste material togetier with sawdust, both acing asa filler and absorbent material (part of the funeral irexor's process, No organs were present in the abdominal or thoracic cavities, having been removed to the viscera bag following the inlial post-mortem examination and/or embalming process. ‘THE EXAMINATION OF THE ORGANS. above): » 2 ‘The following organs were found within the bag (in addition to the laryex described ‘Lungs - Lungs weighing 400 and 410 grams, the right lung had previously been dissected insofar aga single block of tssve of approximately 30 - 50 grams had been removed ", Nether the bronchus nor radicals of the bronchial tree hhad been opened and the lungs had not been otherwise dissected except as above *, The lings were noted to contain some frothy fuid which exuded on ‘pressure through the undissected bronchial opening and, 28 well, on the cut surface of both Tungs upon presse. Twas noted thatthe lungs on cut surface geserally presented a dry,and well preserved appearance and were not considered walerlogged There were no ‘etechial hemorthages on the pleural surfaces of the lungs. There was no evidence of trapped. air in the lungs, e.g.,a3 for asthma (hyperinflated). Photographs were taken of the lungs following the dissection. Heart - The heart had been previously opened through both its right and left sides. ‘The coronary vessels however, had not been dissected and the right and left coronary arteries were determined to be reasonably patent through further examination. The valves of the heart were normal.REPORT OF POST-MORTEM EXAMINATION. (Continued) [Abdominal viscera - Abdominal viscera inspected consisted of the stomach, which showed a well preserved rugal patter without evidence of hemorrhage, ‘a pancreas which was not sufiiently preserved for comment, a small and a large bowel which were then opened and normal. Upon opening, @ small ‘quantity of greenish fluid was found in the small bowel and the large bowel contained some well formed stool, 2 ‘The liver was recognized a8 single piece of tissue with some surface cuts of 5-8 em depth. Further dissection of the liver at this time revealed a brown Sconex* of liver and within same a central pinkish area (simply Jacking uniform fixation), There were no other remarkable features, ‘The gallbladder was sll "pliable" and approximately 2 ce of foamy, watery, frothy fluid was removed by syringe and taken for toxicology, 28 was approximately 300 g ofthe liver. ‘The spleen was found and was normal ‘The adrenal glands were not found. ‘THE EXTREMITIES ‘The limbs were x-rayed. Portions of the feet, including the toes, were not found at this disection, In the lover legs and in virally the whole of the arms, the remaining flesh was exteified (adipocere) creating a moderately firm waxy material replacing some of the skin ard subcutaneous fat while much of the remaining muscle mass in the arms and legs ‘was net visible, ‘That muscle which remained in the arms was "pasty" and pink in color. ‘There was no evidence of bruising, considering however, the decomposition. In the thighs and buttocks muscle bulk was determined to be covered bya substantial quantiy of up to 4-5 em of the esterified fat (adipocere). Within the muscle substance in these areas no evidence of bleeding (bruising) was encountered, again considering 6 SUMMARY (Continued) ‘There is no anatomical evidence whatsoever to indicate drowning of any sort, despite ‘opinions to the contrary ({rom the emergency room docior and the original auiopsy Pathologist) albeit one acknowledges the fact tht the body was found (partly) in shallow water. Clothing on Clayton Miller, shown well in photographs taken by RCMP on ‘May 6, 1990, is not significantly displaced, torn or otherwise suspicious. the body in the photographs is in keeping with surrounding fine rock/earth, and distributed on the anterior of the body, consisert with livid sting, and the prone position of the body when found May 6, Post-mortem changes on the body give litle evidence about time of death. Post- ‘mortem toxicology (alcohol) studies on the blood and urine suggest Clayton Miller died overnight May 4, 1990, likely on May 5, 1990, ‘This alcohol “profile is one commonly seen by toxicologists and pathologists. in hypothermic deaths involving drinking. ‘Anatomical features on the body are not in any way suggestive of involvement of ‘other person(s) and suit where the body was recovered, the element of time, and ‘circumstances known up to Clayton Miller's disappearance, ‘This in important since conjecture again has viewed these circumstances as suspicious, indeed "conspiney* when they are to the contrary when considered togetier, “19.REPORT OF X-RAYEXAMINATION OF EXHUMED BODY ‘Appendix "A"= I I i ) fas agonal and aitolytic with an ssphyxial elesent (congestion of blood vessels wi iaphoresta of red cells) and are nore suggestive of a slos death such as would © Sith typothernia, rather then ex ecote death viich you might expect to be aasocie rounins. [RAGHOSIS: GEMERAL CORTEX ~ AOORAL AND AUTOLTEIG CANOES OTL. coves To9000 Panes ‘aao0o Hratoa ‘Pez000 HADI ert $epoayo2 ge OME Ottiee, Halifax, 8.8.2 ole me Fe ee oe ooo FoeTs oS Appendix GMICHAEL seceN MD i Peo rev 17 104 sai87 DOCHARL 6 BADER, M, ‘atarrom omer YOR new Font rome axa, EADTORSY azPoRT Clayton Miler Date last aren: May 4, 2990 4 May 6, 1980 ‘Dake of autopsy: May 7, 1980 Blace af autopsy: New Waterford Consolidated Hospital, Nova Scotia, canada ©. Tkejtant, H.D. Be..3.A. Roach Dake of resutossy: December 28, 1993 Race of resutopay: Glace Bay Community | Hospitals since 3sy, Nove SeoGie, ‘cenaek Jann c. mutt, M.D. in Ehe presence’ of Richvea Ne bkaen, Mos tantly Fapresentative, and + Greg Taker and a eee,C1SOMG NES eo Sm ee ter Se ey FE sEs Fs FT os uae souzizenetace IntormeL BADEN 0 ain pes ay 47 196 12:57 Willer/Baden 2 ‘sachupagion: The casket of Clayton miller vas disinterred fron Stcemper ay, sruchyard Cemetery, Ligan, Nova seotia, on December 27, 1953. Present during the exhumation ws ‘who aavis that the casket was in the soil innersed in water with the top of the outer casket Liner collapsed onto'the top ef the vooden casket. ‘Tha body wag Brought directly to the Glace Bay Hoopital mortuary and the doora were sealed in the presence of pi. Taker and Cpl, Leadbeater. ‘Identification: On Dacenbar 29, 1993, the seals on the Glace Bay Hospital’s mortuary ‘vere renoved in Ry presence a the boty was identified as clayton Milier by ‘the funeral directer who initially interred bin. Identification is also confirmed through dental x xay comparison, Artifacts on the body and inthe casket, doseribed te by the family were also present. Enitiol autopsy x-rays from 1990 showed no evidence of fluid’ in the lungs, Further x-rays taken in ny Presence at this tine confirm that no fractures of ‘raumatio Injuries are present. ‘agexnal examination: The Fenains are in a poor stata of preservation with stonization because of postaorte: of soft Eissue. A gray/white aspergillus type tungue covers almost the entire face. Adipocers changes are present in the exposed subcutaneous soft. tii Buttocks and’ extreniti no. identified,sernzerstss Mowe, BRON HO Bit Pee vee 47 +94 121g Miller/Baden 2 aoe oe chen ai intact ana show jury. The hyoid bone is still in ite anatomic position, intact with postnorten separation into igs ‘three component portions unremarkable for his ‘Tr cervical spine, spinal cord and rensining sett tissues are intact end uninjured, oy es es lunge: The lungs are well enbained, undissected and show ne evidence of hyperinflation, excess f1uia accumulation oF evidence of drovning. ‘there sre no emphyeenacous: Shanges present. bronchi and vessels are not renarkeble- bean dissected in an unerthodox appears normal fer the age, The unopened cozenary arteries are natural. Stomach: The stomach is unranarkable with no petechial heoorrhages Present. the snali and large intestines are unremarkable, Liver: The liver is largely intact an€ shove normal lobular architecture. i Spleen: ‘The spleen te unremarkable. Pangxgas: The paner shows extensive autolysis. The kidneys shov congestion in the renal Parenchyna and are othervice unremarkable. Aorta: The sorte is thin and pliable. "@ no postmortem fractures of the faci} Postnortem blackening of ‘the teeth is ‘there {a no hamorrhage into the mastoid air Selle.ee | Fe US FE PE Fe 98 ewe Be en eee ey souiziarsuee IMKOHPeL, BADEN mo Bt POS MA 17 ‘94 12ts8 Miller/Baden 4 ey reports i slides’ prepared fron both autopsies ogy reper = gape ver = Report of Dr. Butt. = “"hiso visited the acer where the decedent wi opinion: ye on the above axai tien end studies, it is ay opinion that Clayton Miller did net suffer from pulmonary Siphysens an stated in the in he inttied autopsy Teport and that there is no autopsy evidence that he died as the Fopuit of drowning. A dilaton test, under the supervision of br. Butt, found no diatoms ‘in Mr. Miller's bone sarrow which further supports the conclusion that death was not caused by drovning. Tf the tyo witnesses vho state that i. nijler ‘as iying face doun in the etraan vigh Rie i Gnd mouth under the eater-viwrthey: found his-bedy are correct, then this placenent ocourred after he died. The poswibiiicy that he died elesuhere and was then brought fo the strean cannct be excluded. ‘ere also was no autopsy finding to suggest that uoke Reid had been spplind vhiok is strong evidence Shek jon hadn't occurred, but occasionally this Gan happen without producing changes that can be found at autopsy. It 4s my opinion that Clayton Miller did net die of pulmonary emphysema or of royning as initially Serei¢ied, GUE that his death vas due co exposure to the cold and to consequent hypothermia which developed over @ period of hours. (Nl Bae lil? ail