Dr. Michael Baden
photo by Joseph Dycus
A forensic examiner famously known for his involvement in former President John F. Kennedy, Martin Luther King Jr., Jeffery Epstein, and O.J. Simpson’s cases, testified Friday as a defense witness in Benjamin Brown’s child murder trial.
Dr. Micheal Baden said he is often called to review other examiners' work in cases that need a second opinion. He said he is usually hired by defense attorneys to conduct private investigations.
He was the chief medical examiner in New York for 25 years.
Dr. Baden told the jury in the courtroom of Judge Barry Steelman what he thinks happened to three-year-old Annie Shell in August 2018. Dr. Baden said he thought Dr. James Metcalfe’s autopsy report was professional, but he did not agree with the cause of death.
“There is not a single mention of shaken baby in the autopsy,” said Dr. Baden. “If there was any evidence of shaken baby, it would be on the first page.”
The famous examiner made two of his own reports in this case 13 months apart. Information was provided by Brown’s previous defense attorney for Dr. Baden’s first report in 2020. All records were allegedly reviewed by Dr. Baden. Hospital records and Brown’s police interview were additionally provided by his current defense attorney, Kevin Loper. Dr. Baden made a second report after receiving the new information in 2021.
Dr. Baden said he concluded the “immediate” cause of death was fentanyl overdose and possibly “medical malpractice.” Hospital records say Annie had a level of 8.3 of fentanyl in her body when she died. Dr. Baden said this was a lethal dose as a normal dose is around 2. Dr. Metcalfe had testified that fentanyl was not the cause of death.
“I think the care at Erlanger was good, but the exception is the amount of fentanyl given,” said Dr. Baden.
He also said there was a breathing tube that to him was most likely the cause of Annie’s esophagus injuries. Dr. Baden said when the tube is removed or inserted, it can cause damage. He said this explains why her esophagus injuries were only present on the day before she passed - when the tube was removed.
Dr. Baden discussed with attorney Loper about Annie’s head injuries as well. He said that her injuries are consistent with an “unwitnessed” fall. Even a short fall could have caused these injuries, according to Dr. Baden.
“It’s my opinion that she fell,” said Dr. Baden. “If anybody falls it has a different reaction than when you’re hit and it appears to be more accidental.”
He also said there was only one external bruise and no fractures possibly indicating minimal blunt forced trauma. Dr. Baden testified that injuries could have happened the night before or morning that she was sent to the hospital from a seizure.
The state brought Dr. Mary Palmer who specializes in ER pediatrics as their next witness. Dr. Palmer had a different view than Dr. Baden.
“It’s not medically possible for her to sustain life overnight with the injuries she had,” said Dr. Palmer.
Dr. Palmer said the injury to Annie’s brain caused extreme swelling. She said it was from direct trauma to the brain through a fall, a hit or shaking the child - although she said the term “shaking baby” is not a good diagnostic term.
Dr. Palmer said she disagreed with Dr. Baden’s statement regarding the care at Erlanger and she said she thought the care was “exceptional” in Annie’s case.
Dr. Palmer also had a response to the high dose of fentanyl in Annie’s system when she passed.
“The family discovered that Annie would have to live in difficult conditions after her injuries so they decided that would not be the life she should live,” said Dr. Palmer. “At five - on Aug. 21, 2018 - they took out one of her tubes and that caused the brain to swell and they continued with the sedative, adjusting to her pain as requested by the family, then they removed the breathing tube.”
Dr. Palmer had an explanation for the esophagus tear that according to Dr. Baden was caused by Annie’s breathing tube. And a response as to why the care at Erlanger might have been in question.
“The tube is just coming out, so there is no resistance that happens there that would’ve caused injury,” said Dr. Palmer. “But the medical team would’ve done a lot of other things differently if they would’ve known about some of the injuries.”
In fact, Dr. Palmer said it makes the most sense to her that there were two blows to the head and two to the stomach. She said falling was possible but not likely and that she could tell how cautious Annie was when she did things in the video evidence. The defense cross examined her last where the jury discovered Dr. Palmer’s opinion on Dr. Metcalfe’s cause of death.
“I would say that blunt force trauma to the chest I don’t agree with,” said Dr. Palmer.
Through the defense’s cross examination, Dr. Palmer said she is not a forensic examiner nor does she have the credibility to testify as that. But she said she went off her medical expertise just as Dr. Baden did.