| In February 1999, Orlando resident Alan
Yurko, then 29, was sentenced to life in prison without
parole for shaking his 10-week-old son to death. An autopsy
revealed that the baby, also named Alan, had blood in his
retina and a subdural hematoma (blood-filled swelling in the
brain). Taken together, the findings were offered as proof
by the prosecution that baby Alan died from violent shaking.
A jury convicted Yurko of first-degree murder and aggravated
child abuse in less than four hours. Orange-Osceola chief
medical examiner Dr. Shashi Gore performed the autopsy that
served as the centerpiece of the conviction. It seemed like
an open-and-shut case.
But in March 2001, Yurko filed a petition for a new
trial. Among other things, he contends that Gore's autopsy
report was riddled with mistakes, and that Gore didn't have
enough background on the case to determine exactly what
killed the baby.
What's surprising about the appeal is that Gore admitted
the errors and omissions in court.
At the original trial, Yurko's lawyer, Junior Barrett,
questioned Gore on the procedure for diagnosing Shaken Baby
Syndrome.
"Isn't it a fact that on the Shaken Baby Syndrome theory,
in order to make a determination you have to get [the
child's] history from the caretaker?" asked Barrett.
"Yes," Gore answered.
"Caretaker in this case would have been Mr. Yurko, isn't
that correct?"
"Yes."
"Did you get any history from Mr. Yurko?"
"No."
Gore also testified that he didn't speak with the baby's
mother, Francine Ream, and that he wasn't even sure anyone
from his office got the baby's medical records.
"Let's not deal with probability," Barrett asked. "Did an
investigator from your office get the medical records of
this child's birth from the hospital where the child was
born?"
"Yeah, I don't know," answered Gore. "I'm not a hundred
percent certain."
In his autopsy report, Gore listed baby Alan as a black
infant when in fact both of his parents are white. "Yeah,
that's a typographical probably," said Gore in testimony.
(The report has apparently been corrected to reflect the
correct race.) He also got the circumference of the child's
head wrong. According to medical records, baby Yurko's head
was 31.5 centimeters a week after birth. A two-month checkup
put the baby's head at 32.5 centimeters. But in his autopsy
Gore listed the baby's head circumference at 22 centimeters.
The most puzzling discrepancy in Gore's report has to do
with the baby's internal organs.
Shortly after baby Alan died, Ream donated his organs.
Gore writes about the empty chest cavity in his final
autopsy report: "It is noted that the heart, liver with
gallbladder, spleen, pancreas, mesenteric lymph nodes and
parts of the small intestine are surgically absent as a
result of harvesting."
In court, however, he testified that he "removed the
anterior part of the entire chest bone and then we removed
the heart, lungs and all the organs ... ."
Contacted for this story, Gore agreed that the difference
in head measurements between the autopsy report and his
testimony is "quite a large discrepancy." As to who removed
the child's organs, he stands by the autopsy report. "It is
very clearly written here that the organs had been removed,"
he says.
Gore made headlines in November after an investigation
revealed he was doing private work on county time, a
practice he openly condemned. County administrators
considered firing him, until they realized only the state
can discipline medical examiners.
Had Gore checked the baby's medical records, he would
have found that Ream's pregnancy was complicated with
gestational diabetes and recurring infections. Baby Alan was
born premature and underweight, suffering from respiratory
problems and severe jaundice. When vaccinated at 8 weeks
old, he developed a fever that lasted longer than a week.
An expert witness for the defense, Dr. Douglas Shanklin
of the University of Tennessee College of Medicine,
testified that his examination of the child's medical
history and autopsy report led him to conclude that baby
Alan died of a long-standing brain infection. "I don't think
there is injury involved in the final event," Shanklin said.
"I think it is a totally natural process."
Alan Yurko is in prison at the Century Correctional
Institution north of Pensacola waiting to hear whether or
not he will be granted a new trial. This is his second
appeal.
Meanwhile, Ream is spearheading a campaign to free her
husband. She has a website, www.freeyurko.bizland.com, and a
firm belief that her baby died of complications from the
vaccinations. She's convinced Alan Yurko is innocent. |