STATE OF NEW YORK )
)
) SS.
COUNTY OF ___________ )
)
We, Michael M. Baden, M.D. and Barbara C. Wolf, M.D., having been duly sworn according to law, do hereby state the following to be true and correct according to our own knowledge, information and belief:
1. My name is Michael M. Baden and I am a resident of the State of New York.
2. I am a licensed physician admitted to practice medicine in the State of New York. My area of specialization is forensic pathology and I received my board certification in this field in 1966.
3. Currently, I am Director of the Forensic Sciences Unit of the New York State Police.
4. I am a fellow and former Vice President of the American Academy of Forensic Sciences and a fellow and former President of the Society of Medical Jurisprudence.
5. I am the recipient of the Honor Legion from the New York City Police Department in 1969, the Award of Merit from the American Academy of Forensic Sciences in 1974 and 1983, a Certificate of Appreciation from the New York State Bar Association in 1980, and a Certificate of Approval from the Drug Enforcement Administration of the U.S. Department of Justice in 1982.
6. I have published numerous articles and books on forensic science, pathology, and related subjects including, inter alia.Unnatural Death. Confessions of a Medical Examiner. (1989); Alcohol, Other Drugs. and Violent Death. (1978); Basic Pathology for Criminal Lawyers (1975); and Drinking, Drugs and Death. (1974).
7. I have taught forensic medicine as an associate professor at the New York University School of Medicine, and pathology at the Albert Einstein School of Medicine, the College of Physicians and Surgeons of Columbia University, and Bellevue Hospital. I have also been an adjunct professor of law at the New York Law School and a visiting professor at John Jay College of Criminal Justice.
8. I was Chairman of the Forensic Pathology Panel of the U.S. Congress Select Committee on Assassinations to investigate the deaths of President John F. Kennedy and Dr. Martin Luther King Jr., and a lecturer for the Drug Enforcement Administration, Drug Law Enforcement Training School for the U.S. Department of Justice.
9. Over the years, I have been called upon to either testify as a forensic pathologist or to serve as an expert consultant in numerous cases including the death of John Belushi, the recent reinvestigation into the death of Medgar Evers and the Congressional investigations of the deaths of President John F. Kennedy and Dr. Martin Luther King.
10. My name is Barbara C. Wolf and I am a resident of the State of New York.
11. I am a licensed physician admitted to practice medicine in the State of New York, the State of New Jersey, and the Commonwealth of Massachusetts. My area of specialization is forensic pathology. I received my board certification in anatomic pathology in 1984, hematopathology in 1987, and forensic pathology in 1994.
12. I currently work as a forensic pathologist with the Albany County Coroner’s Office, and I also serve as a forensic pathologist on an as needed basis for numerous other counties in Upstate New York.
13. I am a member, inter alia of the American Academy of Forensic Sciences, the National Association of Medical Examiners, the New York State Association of County Coroners and Medical Examiners, the U.S. / Canadian Academy of Pathology, the College of American Pathologists. and the American Society of Clinical Pathologists.
14. I am currently Clinical Professor of Pathology and Laboratory Medicine at Albany Medical Center. I also taught pathology at Boston University School of Medicine and Harvard Medical School.
15. I have conducted workshops and lectures on such subjects as DNA in Criminal investigations for the New York State Police, Investigations of Deaths and Injuries for the New York State Attorney General’s Inspectors, Death Investigation for the Division of Criminal Justice Services, Medicolegal Investigation of Child Abuse for the New York State Association of County Coroners and Medical Examiners, and Child Abuse and Sex Related Deaths for the New York State Police Academy.
16. I am an associate of Dr. Michael Baden and we have together reviewed the autopsy and forensic evidence relative to the murder of George Wilhelm.
17. We have been asked to examine documents relating to the murder of George Wilhelm by counsel for Mr. Charles Goldblum. Based on our review and analysis of the post-mortem examination of George Wilhelm prepared by the Allegheny County Coroner’s Office in February, 1976, autopsy photographs, police investigative reports, crime laboratory reports, transcripts of the trials of Charles Goldblum and his codefendant Clarence Miller, and Chrysler Motor Corporation’s specifications of the 1966 Plymouth Fury (the victim’s car), it is our opinion to a reasonable degree of medical certainty on the basis of the evidence available that Mr. Goldblum was not the individual who inflicted the fatal stab wounds to Mr. Wilhelm.
18. Because this homicide involved multiple defendants who each denied committing the murder, it was necessary for defense counsel to consult with a medical examiner to assist in reconstructing what had happened and whether the prosecution’s theory of the case was correcty based on physical evidence,autopsy findings and time of death changes, and whether there were one or more alternative scenarios.
19. Given that the murder of George Wilhelm was committed by one or both of two people,Charles Goldblum and/or Clarence Miller; that the victim, through his dying declaration, identified Clarence Miller as the murderer; and that Charles Goldblum denied any participation in the killing, it was, in our opinion., incumbent upon defense counsel to present expert forensic scientific testimony at Mr. Goldblum’s trial independent of the prosecution’s experts.
20. Our opinion that Charles Goldblum did not inflict the fatal stab wounds on the victim is based upon a number of factors. Mr. Wilhelm drove to the parking garage with Mr. Goldblum and Mr. Miller. According to the testimony of both Mr. Goldblum and Mr. Miller, the victim was driving the car, Clarence Miller was seated to his right in the front passenger seat, and Mr. Goldblum was seated in the back seat directly behind Mr. Wilhelm. It is our opinion that Mr. Goldblum’s testimony pertaining to the stabbing is consistent with the positions of the passengers in the car, the evidence found at the scene, the crime lab reports, and the autopsy report. Mr. Miller’s testimony is not consistent with the physical evidence and autopsy findings.
21. Mr. Miller’s testimony indicated that George Wilhelm was struck on the back of the head by Mr. Goldblum with a monkey wrench. The post-mortem examination did not reveal any evidence of a blunt force injury to the head.
22. Blood splatters were observed on the dashboard of the car. These splatters, in the absence of a laceration from a blunt force injury, indicate that stabbing occurred in the car. This is inconsistent with Mr. Miller’s testimony that no stabbing occurred in the car. However, it is consistent with Mr. Goldblum’s testimony that he saw Mr. Miller with the bloody grass shears or murder weapon while still in the car.
23. The left-to-right direction of the blood splatters on the dashboard are consistent with Mr. Wilhelm being stabbed by a person sitting to his right in the front passenger seat – the uncontested position of Clarence Miller.
24. Examination of Mr. Goldblum’s clothing revealed a marked lack of blood stains except for a small ndistinguishable stain on the left cuff. Given the number and location of the stab wounds on the victim, which indicate a struggle, there should have been a significant amount of blood on the assailant’s clothes. There is no evidence that Mr. Goldblum was wearing anything other than the unstained clothing collected by the police. Mr. Miller. however, admitted that he disposed of his clothes which had become stained with Mr. Wilhelm’s blood.
25. A pair of black vinyl gloves were recovered from the parking garage with blood stains consistent with the blood type of George Wilhelm. Mr. Miller testified that Mr. Goldblum wore the gloves while committing the murder. However, the only person to whom those gloves were linked through forensic evidence was Mr. Miller. Two hairs taken from the inside of the gloves were consistent with the hand/arm hair of Mr. Miller but were different from the hair of either Mr. Wilhelm or Mr. Goldblum.
26. We have also considered the dying declaration of the victim. Mr. Wilhelm identified Clarence Miller as his murder before he died. The forensic evidence supports Mr. Wilhelm’s dying declaration.
FURTHER AFFIANT SAYETH NOT
( signed )
Michael M. Baden, M.D.
( signed )
Barbara C. Wolf, M.D.
SUSAN L. LANCOMBE
NOTARY PUBLIC. State of New York
Qualified in Saratoga County
Commision Expires. Jan. 16 1998
Subscribed to and sworn
before me this 25th day
of November 1996
(signed)
_______________________
Notary Public