Forensic Pathology - Brancato Law Firm, P.A.

What Does a Forensic Pathologist Expert Witness Do in a Murder Case? (2026)

Brancato Law Firm, P.A. — Tue, 27 Oct 2026 13:21:14 GMT

Fully rewritten and updated October 26, 2026.

A forensic pathologist expert witness is a physician who determines cause and manner of death and, when retained by the defense, independently reviews the autopsy report, the microscopic tissue slides, scene photographs, and medical records to test the State’s medical theory. In a Florida child death case, that review can show that injuries blamed on abuse were caused by resuscitation, or that the death had a different cause altogether. In the case described below, a defense forensic pathologist concluded that a child drowned and that her liver injury was consistent with resuscitation efforts, and the State dropped first-degree murder and aggravated child abuse charges against her grandmother.

When the State charges murder based on medical evidence, prosecutors and judges look first at the medical examiner’s conclusion, and few defendants ever see it seriously tested. I have tested those conclusions for more than 25 years in Hillsborough County courtrooms, beginning in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I handled homicide and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and in every death case our attorneys retain the experts needed to check the State’s medical theory against the slides, the photographs, and the records.

What Does a Forensic Pathologist Expert Witness Do?

A forensic pathologist expert witness explains, from the autopsy and the evidence, how and why a person died, and whether the State’s explanation fits the physical findings. A defense forensic pathologist reviews the same material the State’s experts used, and often material they did not use, then gives an independent opinion on cause of death, timing, and mechanism of injury.

In Florida, the medical examiner decides cause of death in deaths by criminal violence, by accident, suddenly in apparent good health, or “in any suspicious or unusual circumstance” under section 406.11, Florida Statutes. That opinion carries great weight with prosecutors and juries. Medical examiners in Florida performed 19,839 autopsies in 2023, including 1,395 in District 13, which covers Hillsborough County, according to the Florida Department of Law Enforcement’s Medical Examiners Commission 2023 Annual Workload Report. The same report counted 108 homicides in District 13 that year.

What the defense expert reviews	What it can show
Autopsy report and diagrams	Whether the written findings support the stated cause of death
Microscopic tissue slides	Timing of injuries and whether tissue reaction fits the State’s timeline
Scene photographs	Medical equipment, the setting, and other explanations the State overlooked
EMS and hospital records	What resuscitation was performed, for how long, and by whom
Child Protection Team report	Whether the abuse opinion considered other causes

Why Do Defense Attorneys Need Their Own Forensic Pathologist?

A defense attorney needs an independent forensic pathologist because the State’s medical conclusion is often the whole case, and only another physician can test it credibly. The U.S. Supreme Court made the point in Hinton v. Alabama, 571 U.S. 263 (2014). Anthony Hinton’s lawyer kept a firearms expert he knew was inadequate because he wrongly believed Alabama capped expert funding at $1,000. The Court held that the failure to seek more funding was deficient performance, explaining that “effectively rebutting that case required a competent expert on the defense side.” The Court also noted research finding that “invalid forensic testimony contributed to the convictions in 60% of the cases” in a study of exonerations.

In Florida, expert opinions must meet the reliability standard in section 90.702, Florida Statutes, and a defense expert is often the person who shows the court where a State expert’s method falls short. Our Tampa criminal forensic science attorney page describes the expert network our firm uses.

Case Study: How Did a Forensic Pathologist Change a Child Murder Case?

A grandmother was charged with first-degree murder and aggravated child abuse after the death of her young granddaughter. The prosecution’s theory was that she had beaten the child so badly that the child died of internal injuries, including a lacerated liver. A Child Protection Team doctor concluded early and firmly that the injuries could only have come from intentional, inflicted trauma, and the case was built on that opinion.

The charges were as serious as Florida law allows. Under section 782.04, Florida Statutes, a killing committed during “aggravated child abuse” is first-degree murder and a capital felony, and aggravated child abuse alone is a first-degree felony under section 827.03.

I retained a former state medical examiner, a forensic pathologist who had performed thousands of autopsies and testified in courts across Florida. His first instruction was to get the slides. We obtained the microscopic tissue slides, the scene photographs, the hospital records, and the original autopsy report.

What did the defense expert find that the State missed?

Reviewing the scene photographs, the expert noticed medical waste in the family’s home: airways, suction devices, and other equipment used to try to revive the child. The State’s experts had focused on the injuries. Our expert asked what caused them.

After his review, he concluded that the child had drowned in the bathtub while her grandmother was briefly out of the room, and that the liver injury was consistent with aggressive resuscitation efforts, not a beating. Chest compressions on a child that small can cause internal trauma that is later misread as inflicted abuse.

The grandmother had been negligent. She was moving between the bathroom and the kitchen, where she was making dinner, and she was not watching closely enough. She was not a murderer or a child abuser. We took the expert’s findings to the prosecution.

Result: murder and aggravated child abuse charges dropped. The client pled to child neglect and received probation. She avoided a life sentence and was not branded a murderer. Past results do not guarantee future outcomes.

Charge	Classification under Florida law	Outcome
First-degree murder (killing during aggravated child abuse)	Capital felony, s. 782.04	Dropped
Aggravated child abuse	First-degree felony, s. 827.03	Dropped
Child neglect	Felony, s. 827.03	Plea; probation

Can CPR Cause Injuries That Look Like Child Abuse?

Yes, resuscitation can cause bruises, rib fractures, and in some cases internal injuries such as liver and spleen lacerations, and a forensic pathologist has to separate those injuries from inflicted trauma. In a study of child deaths from 1994 to 1996, M.P. Ryan, S.J. Young, and D.L. Wells found injuries at autopsy in 65 of 153 children who received resuscitation (42.5 percent), compared with 6 of 51 children who did not (11.7 percent). Most were minor bruises or abrasions, and longer resuscitation produced more injuries. The study, “Do resuscitation attempts in children who die, cause injury?,” appeared in the Emergency Medicine Journal in 2003.

Forensic pathologist John Plunkett documented two child death cases in the Journal of Forensic Sciences in 2006, “Resuscitation Injuries Complicating the Interpretation of Premortem Trauma and Natural Disease in Children.” In the first, independent experts concluded that liver and spleen lacerations came from resuscitation, and the prosecutor dropped first-degree murder charges. The pattern in our case was the same one Plunkett described: resuscitation injuries read as abuse until a pathologist looked at the full record.

What Are Autopsy Slides and Why Do They Matter?

Autopsy slides are thin samples of tissue preserved on glass and examined under a microscope, and they can show the age of an injury and the body’s reaction to it in ways the naked eye cannot. A bruise or laceration with no inflammatory response may have occurred near or after the time of death, which matters when the question is whether an injury came from a beating or from resuscitation. Many defense lawyers never request the slides. Our firm requests them in every death case, along with the photographs taken during the autopsy.

When Should You Hire a Forensic Pathologist?

You should consider a forensic pathologist whenever the State’s case depends on a medical opinion about how a person died or how an injury happened. That includes:

Child death and serious child injury cases, especially where a Child Protection Team doctor has diagnosed abuse.
Homicide cases with a disputed cause or timing of death, including overdose, positional asphyxia, and in-custody deaths.
Manslaughter and vehicular homicide cases where the mechanism of injury is contested.
Investigations before charges are filed, when an early expert opinion can change the State’s charging decision.

Early review matters. When our attorneys are retained during an investigation, we can request evidence and consult an expert before the State’s theory hardens. Our page on representation before charges are filed explains how that work is done.

How Do You Challenge a Child Protection Team Doctor’s Opinion?

You challenge a Child Protection Team doctor’s opinion with an independent expert who reviews everything the doctor saw, plus what the doctor did not see. The CPT doctor in our case reached a conclusion before the full record had been reviewed. Our expert looked at the scene photographs and the resuscitation history and found a different explanation that fit the physical evidence. Our Tampa child abuse attorney page and our case study on an aggravated child abuse case that was dismissed show how this work plays out in other cases. For a broader view of how forensic experts fit into a defense, see what a forensic defense lawyer does.

Frequently Asked Questions About Forensic Pathologist Expert Witnesses

How much does a forensic pathologist expert witness cost in a criminal case?

The cost depends on the volume of records, the need for slide review, and whether the expert must testify, and it is usually billed separately from attorney fees. The Brancato Law Firm discusses expected expert costs at the start of a homicide or child death case so families can plan; our post on homicide defense attorney costs in Tampa covers how these costs fit in.

Can a defense forensic pathologist get murder charges dropped in Florida?

Yes, an independent pathologist’s findings can lead prosecutors to reduce or drop charges, as happened in our case when the State dropped murder and aggravated child abuse charges. The Brancato Law Firm presents expert findings to the State Attorney’s Office when they show the charged crime did not happen as alleged. Past results do not guarantee future outcomes.

Why hire a former state medical examiner as a defense expert?

A former state medical examiner has done the same work as the State’s experts, so prosecutors and jurors find it harder to dismiss the opinion as biased. Our attorneys at The Brancato Law Firm look for experts with that experience in death cases; our forensic science defense page describes how we choose them.

Can a forensic pathologist tell if CPR caused a liver laceration in a child?

A forensic pathologist can often determine whether an injury is consistent with resuscitation by comparing it with the resuscitation records, the scene evidence, and the microscopic findings. The Brancato Law Firm obtains EMS and hospital records in every child death case so the expert can compare the timing of each intervention with each injury.

Is child neglect a felony in Florida?

Yes, child neglect is a third-degree felony under section 827.03, and a second-degree felony when it causes great bodily harm, permanent disability, or permanent disfigurement. Our attorneys at The Brancato Law Firm evaluate whether the facts fit neglect rather than abuse when the State’s medical theory is wrong.

When should a forensic pathologist be retained in a death investigation?

As early as possible, ideally before charges are filed, because early review can preserve evidence and shape the charging decision. The Brancato Law Firm can be reached at any hour when a family learns that a death is under investigation; see our pre-file advocacy page.

Facing Charges Based on Medical Evidence?

The State’s medical opinion is usually formed in the first days of an investigation, so the defense review should start just as fast. Our attorneys at The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will obtain the autopsy materials and retain the right expert to test them. Call (813) 727-7159; you can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking criminal defense clients in Tampa.

For more about our defense strategies, visit our Tampa Criminal Forensic Science Attorney page, or our Tampa homicide attorney page for murder and manslaughter cases.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

The Injuries Were Real—But They Were Not From the Alleged Rape

Brancato Law Firm, P.A. — Sat, 27 Dec 2025 21:26:24 GMT

How a Forensic Pathologist Challenged the Timing and Cause of Genital Injuries

In sexual battery cases, prosecutors often present medical evidence as if it proves the crime occurred. A nurse examines the alleged victim, documents injuries, and concludes they are “consistent with forced sexual trauma.”

But “consistent with” is not the same as “caused by.” Injuries that appear consistent with assault may have other explanations—including timing that does not match the alleged incident or causes unrelated to the accusations.

In this case, a forensic pathologist reviewed the photographic evidence from a rape examination and reached a conclusion that contradicted the nurse’s findings: the injuries were not recent, and they could have been caused by something entirely different. I am Tampa Criminal Defense Attorney Rocky Brancato. This post is part of our forensic series put out by the Brancato Law Firm, P.A., your Tampa criminal forensic evidence law firm.

What Is a Forensic Pathologist? A forensic pathologist is a medical doctor who specializes in determining the cause, timing, and mechanism of injuries or death. They are trained to analyze wounds, tissue damage, and medical imaging to provide expert opinions in legal cases. In sexual assault cases, a forensic pathologist can review examination photographs and medical records to assess whether injuries are consistent with the alleged assault—including whether the timing and characteristics of the injuries match the accusation.

The Case: An Accusation Against a Boyfriend

My client was accused of raping his girlfriend. She reported the alleged assault, underwent a forensic examination, and my client was charged with sexual battery.

The state’s case relied heavily on the medical evidence. A Sexual Assault Nurse Examiner (SANE) had conducted the examination, documented injuries to the victim’s genital area, and concluded that the findings were “consistent with forced sexual trauma.”

On its face, this looked like powerful evidence. But I knew that SANE nurse conclusions are not the final word—they are opinions that can be challenged by experts with more specialized training.

What Is a SANE Nurse? A Sexual Assault Nurse Examiner (SANE) is a registered nurse with specialized training in conducting forensic examinations of sexual assault victims. SANE nurses collect evidence, document injuries, and provide opinions about whether findings are consistent with reported trauma. However, SANE nurses are not physicians and do not have the same level of training as forensic pathologists in evaluating wound characteristics, injury timing, or alternative causes of physical findings.

The Evidence: Colposcope Photos and Medical Records

The forensic examination had produced detailed photographic evidence, including colposcope images of the alleged victim’s genital area.

What Is a Colposcope? A colposcope is a magnifying instrument used to examine the genital area in detail during forensic sexual assault examinations. It provides illuminated, magnified images that allow examiners to document injuries that might not be visible to the naked eye. The photographs produced by colposcopic examination can be reviewed by medical experts to assess the nature, severity, and timing of any injuries.

The SANE nurse had reviewed these images and documented her conclusion: the injuries were consistent with forced sexual trauma. This conclusion would be presented to the jury as evidence that the alleged rape had occurred.

But there was more to the story. The investigation had also revealed that the alleged victim possessed a personal vibrating device—commonly called a “silver bullet”—that she used regularly.

This detail raised an important question: could the documented injuries have been caused by something other than the alleged assault?

The Expert: A Forensic Pathologist Reviews the Evidence

I retained a forensic pathologist to conduct an independent review of the photographic evidence and medical records from the examination.

Unlike the SANE nurse, the forensic pathologist had extensive training in evaluating wound characteristics, including the ability to assess the age and timing of injuries based on their appearance.

The expert reviewed the colposcope photographs carefully, examining the characteristics of the documented injuries.

The Expert’s Findings

The forensic pathologist’s conclusions directly contradicted the SANE nurse’s opinion:

Forensic Pathologist’s Conclusions

1. The injuries were not recent. Based on the characteristics visible in the photographs, the documented injuries did not appear to be fresh or consistent with the timeframe of the alleged assault. 2. The timing did not match the allegation. The appearance of the injuries suggested they had occurred at a different time than when the alleged rape was reported to have taken place. 3. The injuries could have been caused by the vibrating device. The characteristics and location of the injuries were consistent with regular use of a personal device like the one found in the alleged victim’s possession.

What the Expert’s Findings Meant for the Case

The forensic pathologist’s opinion undermined the prosecution’s central piece of medical evidence:

The SANE nurse said the injuries were “consistent with forced sexual trauma”—but the forensic pathologist found they were not recent enough to match the alleged assault
The prosecution would argue the injuries proved the rape occurred—but an alternative explanation existed that was equally consistent with the physical findings
The jury would have to decide whether to believe the accuser’s account or the physical evidence suggesting a different timeline and cause

This was not about whether the alleged victim had injuries. She did. The question was whether those injuries were caused by my client—or by something else entirely.

SANE Nurse vs. Forensic Pathologist: Different Training, Different Conclusions

Factor	SANE Nurse	Forensic Pathologist
Training	Nursing degree plus specialized SANE certification	Medical degree plus pathology residency and forensic fellowship
Primary Role	Collect evidence and document findings	Analyze evidence and determine causation
Injury Timing	Limited training in assessing wound age	Extensive training in determining when injuries occurred
Alternative Causes	May not fully evaluate other explanations	Trained to consider all possible causes of injuries
Conclusion	“Consistent with forced sexual trauma”	“Not recent; could be caused by personal device”

RESULT: CASE RESOLVED FAVORABLY The forensic pathologist’s findings—challenging both the timing and the cause of the documented injuries—fundamentally changed the strength of the prosecution’s case and led to a favorable resolution for my client.

What This Case Teaches About Challenging Medical Evidence

“Consistent with” does not mean “caused by.” SANE nurse conclusions are opinions, not facts. An injury consistent with assault may also be consistent with other causes.
Timing matters. A forensic pathologist can evaluate whether injuries are recent or older—and whether the timing matches the alleged incident.
Alternative explanations must be investigated. Defense attorneys should explore whether documented injuries could have been caused by something other than the alleged assault.
Forensic pathologists outrank SANE nurses in medical expertise. When the state presents a nurse’s opinion, a physician with specialized training can provide a more authoritative counter-opinion.
Request all photographic evidence. Colposcope images and other photographic evidence can be reviewed independently by defense experts who may reach different conclusions.

Frequently Asked Questions

Can SANE nurse findings be challenged?

Yes. SANE nurse conclusions are opinions based on their training and observations. A forensic pathologist or other medical expert with more specialized training can review the same evidence and reach different conclusions about injury timing, causation, or significance.

What does “consistent with” mean in a SANE report?

“Consistent with” means the findings do not contradict the reported assault—but it does not mean the findings prove the assault occurred. Injuries can be “consistent with” multiple causes, including causes unrelated to the allegation.

What is a forensic pathologist?

A forensic pathologist is a physician who specializes in determining the cause, timing, and mechanism of injuries or death. They have extensive training in wound analysis and can provide expert opinions about when injuries occurred and what caused them.

Can injury timing prove innocence?

Injury timing can be critical evidence. If a forensic expert determines that documented injuries occurred before or after the alleged assault, this undermines the prosecution’s claim that the defendant caused those injuries.

What is a colposcope?

A colposcope is a magnifying instrument used during forensic examinations to document injuries in detail. The photographs produced during colposcopic examination can be reviewed by medical experts to assess injury characteristics, timing, and potential causes.

How can I challenge medical evidence in a sexual assault case?

Retain a qualified forensic expert—such as a forensic pathologist—to independently review the examination photographs, medical records, and SANE nurse conclusions. The expert can assess whether the evidence supports the allegation or whether alternative explanations exist.

Facing Sexual Battery Charges Based on Medical Evidence?

Medical evidence in sexual assault cases is often presented as if it proves guilt. But SANE nurse conclusions are opinions—not facts—and they can be challenged by experts with more specialized training.

For over 25 years, I have defended clients against serious charges in Tampa Bay. I know how to obtain and analyze forensic examination evidence, retain qualified experts to challenge prosecution conclusions, and present alternative explanations to the jury.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties

Part of the Forensic Evidence Series

Tampa Sex Crimes Attorney

Why Expert Witnesses are Not Optional in Major Crimes Cases