A Follow-up on the Problem of Mark’s Serum Alcohol Level Recorded in the Autopsy Report

As noted in the previous post (March 31, 2023), the distinguished chemist whom I consulted was concerned that in the autopsy report no parameters were recorded for the headspace test used, which requires careful calibration.  He stated that Mark would have been non-functional at the time the fire started.

The experienced forensic toxicologist whom I also consulted mentioned that my brother would almost certainly have been in a coma if that .25 post-mortem serum alcohol reading (14 hours after the fire, which would equate to over .40 at the time of the fire) were true, especially since Mark had a toned and muscular body as opposed to an obese one.  As pointed out in the previous post, the toxicologist was concerned that only one headspace test was performed on Mark, whereas at least two tests are regularly done in order to produce accurate results by checking one against the other.

On the one serum alcohol test that was actually performed, the toxicologist stated that in order to determine the validity of the .25 serum alcohol reading it would be necessary to have the graphs and chromatogram information from the lab test, which are not recorded in the autopsy report.  The toxicologist added that if it were possible for me to give him a copy of the lab work, he could tell right away if the test had been done properly and was worth anything or not.

Unfortunately, that was not possible, since then Erie County Medical Examiner Sung-ook Baik would not allow Atty. Michael Kelly access to Mark’s medical records when he contacted the M.E. on my behalf.  As Kelly informed me, M.E. Baik agreed that the .25 serum alcohol reading was too high but said that it was what the lab people had given him.  Since he apparently considered the .25 reading problematic, it is unfortunate that Dr. Baik himself did not then check the graphs and chromatogram information from the headspace test to determine if they were sound or not.

Another finding in the autopsy report is in fact incorrect. Mark’s height is recorded as 67 ½” (i.e., 5’7 ½”), instead of 71 ½” (i.e., 5’11 ½“), which was his actual height.  As a number of scientists informed me, Mark’s height would not have been affected by the burns he suffered.  One must wonder if that error in the autopsy report was caused by a too hasty measurement or by a careless transcription.

Eyewitness reports about Mark’s state shortly before and immediately after his truck fire call into question the high level of intoxication that the investigating authorities claimed caused my brother to either deliberately or accidentally end his own life.  As pointed out in the previous post, an anonymous letter sent to me revealed that right before the fire my brother had been at the house of a neighbor, who insisted that Mark could not have had the high blood alcohol level that had been reported.  In addition, two firefighters had relevant information about my brother’s state of mind when they first arrived on the scene to put out the fire as Mark lay burning in the field across from his house.

A number of individuals informed me that my brother had called out Gary Wind’s name when he arrived as the first firefighter on the scene.  After finally being able to locate him, I asked Gary Wind if that was true. Wind confirmed that Mark did in fact call out, “Gary!”  Wind mentioned how shocked he was because he thought that Mark was dead and because Mark could not see him, since his eyes were badly burned (as was 90% of his entire body).

Wayne Frank, the third firefighter on the scene, also informed me that he was stunned when he heard Mark cry out, "Gary!", presumably recognizing Gary Wind's voice.  He explained that he could not believe how badly Mark was burned and had thought that Mark was dead.

Thus, although unable to see because of the severity of the burns to his head as well as to the rest of his body, Mark was coherent enough to recognize Gary Wind’s voice when he heard him speaking on the scene.  It seems incredible that he could have had an extremely high level of blood alcohol at the time of the truck fire and still have the presence of mind to recognize a familiar voice and to call out to him by name, especially with the constriction of his airway because of the severe burns.