Marcel Bibeault

17                       MARCEL BIBEAULT,
      18           CALLED BY THE PLAINTIFF, HAVING BEEN DULY
      19         SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
      20                      DIRECT EXAMINATION
      21    BY MR. MAJOR:
      22    Q.  WILL YOU PLEASE STATE YOUR NAME AND SPELL YOUR LAST NAME
      23    FOR THE RECORD?
      24    A.  MY NAME IS MARCEL BIBEAULT.  THE LAST NAME IS SPELLED
      25    B-I-B-E-A-U-L-T.  BIBEAULT.


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       1    Q.  AND, MR. BIBEAULT, WHERE ARE YOU CURRENTLY EMPLOYED?
       2    A.  I AM EMPLOYED FOR THE STATE OF UTAH AT THE STATE HEALTH
       3    LABORATORY.
       4    Q.  AND WHAT ARE YOUR DUTIES THERE AT THE STATE LABORATORY?
       5    A.  I AM A TOXICOLOGIST.
       6    Q.  AND WHAT EXACTLY DOES A TOXICOLOGIST DO?
       7    A.  I EXAMINE TISSUES, BLOOD, URINE AND OTHER TISSUES FOR
       8    THE PRESENCE OF DRUGS.
       9    Q.  AND HOW LONG HAVE YOU BEEN DOING THAT?
      10    A.  FOR THE STATE OF UTAH I'VE BEEN EMPLOYED FOR 11 YEARS.
      11    I WAS ALSO A CLINICAL TOXICOLOGIST PRIOR TO THAT FOR FIVE
      12    YEARS.
      13    Q.  AND CAN YOU EXPLAIN JUST BRIEFLY TO THE JURY HOW YOU GO
      14    ABOUT DOING THIS, HOW YOU DO THE DETECTIONS?
      15    A.  THERE'S BASICALLY TWO STEPS.  THE FIRST STEP IS TO
      16    PREPARE THE TISSUE, WHETHER IT BE BLOOD OR URINE OR OTHER
      17    KINDS OF TISSUE, BY EXTRACTING -- BY MIXING IT WITH
      18    CHEMICALS TO EXTRACT OUT DRUGS FROM THE TISSUE.  THE SECOND
      19    STEP IS TO THEN TAKE THE SOLVENT AND PUT IT INTO
      20    INSTRUMENTS, VARIOUS KINDS OF INSTRUMENTS, THAT DETECT WHICH
      21    KIND OF DRUGS.
      22    Q.  YOU RECALL RECEIVING SOME TISSUE SAMPLES FROM AN
      23    INDIVIDUAL BY THE NAME OF JUDITH LARSEN?
      24    A.  YES, I DO.
      25    Q.  DO YOU REMEMBER APPROXIMATELY WHEN THAT WAS?


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       1    A.  I RECEIVED THE TISSUES ON JUNE 24 OF LAST YEAR.
       2    Q.  AND WHO DID YOU RECEIVE THOSE TISSUE SAMPLES FROM?
       3    A.  FROM THE MEDICAL EXAMINER'S OFFICE.
       4    Q.  WHAT TYPE OF SAMPLES DID YOU RECEIVE?
       5    A.  I RECEIVED THE FOLLOWING TISSUES.  LIVER, KIDNEY, BILE,
       6    MUSCLE, BRAIN, SPLEEN, HEART AND LUNG.
       7    Q.  JUST BRIEFLY, YOU RECEIVED PORTIONS OF THOSE?
       8    A.  PORTIONS OF THOSE TISSUES, YES.
       9    Q.  AND WHAT TEST DID YOU RUN ON THOSE SAMPLES?
      10    A.  I RAN SCREENING TESTS AND ALSO RAN QUANTITATIVE TESTS OR
      11    FAIRLY SPECIFIC TESTS LOOKING FOR THE PRESENCE OF MORPHINE.
      12    Q.  DID YOU RUN THOSE TESTS AS YOU HAVE BEEN TRAINED AND
      13    YOUR EXPERIENCE DICTATES?
      14    A.  YES.
      15    Q.  AND WHAT, IF ANY, RESULTS DID YOU OBTAIN?
      16    A.  ON THIS PARTICULAR CASE, JUDITH LARSEN, WE HAD POSITIVE
      17    RESULT FOR MORPHINE IN THE LIVER TISSUE.  AND THE MEDICAL
      18    RESULT IS 0.O9 MILLIGRAMS PER LITER.  AND THE BILE WAS ALSO
      19    POSITIVE FOR MORPHINE AT THE LEVEL OF 0.28 MILLIGRAMS PER
      20    LITER.
      21             MR. MAJOR:  THANK YOU.  WE HAVE NO FURTHER
      22    QUESTIONS, YOUR HONOR.
      23             THE COURT:  MR. STIRBA.
      24                       CROSS-EXAMINATION
      25    BY MR. STIRBA:


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       1    Q.  DID YOU ALSO DO A SIMILAR TOXICOLOGY TEST WITH RESPECT
       2    TO ANY TISSUES INVOLVING MARY CRANE?
       3    A.  YES, I DID.
       4    Q.  DID YOU SIMILARLY DO TOXICOLOGY TESTS WITH RESPECT TO
       5    ELLEN ANDERSON?
       6    A.  YES.
       7    Q.  AND HOW ABOUT LYDIA SMITH?
       8    A.  THAT'S CORRECT.
       9    Q.  AND ENNIS ALLDREDGE?
      10    A.  THAT'S ALSO CORRECT.
      11    Q.  SO YOU ARE THE FELLOW THAT DID IT, DID YOU?
      12    A.  I DID TESTING ON ALL THOSE CASES, YES.
      13    Q.  OKAY.  WITH RESPECT TO -- DID YOU ENGAGE IN A SIMILAR
      14    PROCESS WITH RESPECT TO THE OTHER FOUR AS YOU DID WITH MISS
      15    LARSEN?
      16    A.  YES.
      17    Q.  AND IN FACT, THAT TEST WAS DESIGNED OR DONE SPECIFICALLY
      18    TO ISOLATE OUT ULTIMATELY MORPHINE; IS THAT RIGHT?
      19    A.  ONE OF THE TESTS --
      20    Q.  RIGHT.  YOU HAVE A FIRST TEST TO SCREEN OUT OPIATES,
      21    TRUE?
      22    A.  YES.
      23             THE COURT:  YOU ARE BOTH TALKING AT THE SAME TIME.
      24             THE WITNESS:  THAT'S CORRECT.
      25    Q.  (BY MR. STIRBA)  AND THEN AFTER YOU DO THAT PRELIMINARY


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       1    SCREEN THERE'S ANOTHER TEST THAT IS DESIGNED TO ISOLATE OUT
       2    IF YOU HAVE SOME KIND OF FINDING, OR DETECTABLE FINDING, OF
       3    OPIATES TO SCREEN OUT MORPHINE; IS THAT TRUE?
       4    A.  THAT'S TRUE.
       5    Q.  AND IT'S TRUE, IS IT NOT, THAT WITH RESPECT TO MARY
       6    CRANE THERE WAS NO SUCH FINDING OF MORPHINE IN THE TISSUE
       7    SAMPLES YOU TESTED?
       8    A.  THAT'S TRUE.
       9    Q.  AND IT'S TRUE, IS IT NOT, WITH RESPECT TO LYDIA SMITH
      10    THERE WAS NO MORPHINE FINDING IN THE TISSUES THAT YOU
      11    TESTED?
      12    A.  YES.
      13    Q.  AND IT'S TRUE, IS IT NOT, WITH RESPECT TO ELLEN ANDERSON
      14    YOU MADE SOME MORPHINE FINDING WITH RESPECT TO THE TISSUES
      15    YOU SAMPLED?
      16    A.  THAT'S TRUE.
      17    Q.  AND SIMILARLY, WITH RESPECT TO MR. ALLDREDGE, YOU MADE
      18    NO SUCH FINDING OF MORPHINE IN THE TISSUES THAT YOU SAMPLED?
      19    A.  THAT'S TRUE.
      20             MR. STIRBA:  THAT'S ALL I HAVE.
      21             THE COURT:  ANYTHING FURTHER OF THIS WITNESS?
      22                     REDIRECT EXAMINATION
      23    BY MR. MAJOR:
      24    Q.  JUST ONE QUICK QUESTION.  YOU ARE ALSO AWARE OF THE
      25    CONDITION OF THESE FIVE INDIVIDUALS, ARE YOU NOT?


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       1    A.  YES.
       2    Q.  THE FACT THEY HAVE BEEN EMBALMED AND INTERRED FOR A
       3    PERIOD OF TIME?
       4    A.  YES.
       5    Q.  YOU DON'T KNOW WHAT THE EFFECT OF THE EMBALMING OR
       6    INTERMENT WOULD HAVE ON YOUR ABILITY TO DETECT THESE DRUGS?
       7    A.  I DON'T KNOW.
       8             MR. MAJOR:  WE HAVE NO FURTHER QUESTIONS.
       9                      RECROSS-EXAMINATION
      10    BY MR. STIRBA:
      11    Q.  IN FACT, IT'S TRUE, IS IT NOT, THAT WITH RESPECT TO THE
      12    FINDING YOU MADE CONCERNING MISS LARSEN, GIVEN THE NATURE OF
      13    THE CIRCUMSTANCES UNDER WHICH THE TISSUES WERE PRESENTED AND
      14    THE FACT THAT THERE HAD BEEN AN EMBALMING PROCESS, THOSE
      15    FINDINGS YOU COULD NOT SAY CORRELATE TO ANY REAL VALUES
      16    GIVEN AT THE TIME THAT SHE WAS ALIVE; IS THAT RIGHT?
      17    A.  I CAN'T MAKE AN INTERPRETATION BASED ON THE TISSUE, YOU
      18    KNOW, THE CONDITION OF THE TISSUE.
      19    Q.  AND BY CONDITION YOU MEAN THE FACT THAT THERE HAD BEEN
      20    INTERMENT AND EMBALMING; IS THAT RIGHT?
      21    A.  THAT'S CORRECT.
      22    Q.  AND SO YOU HAVE A FINDING, BUT YOU JUST CAN'T CORRELATE
      23    THAT AS TO WHAT IT MEANS; IS THAT CORRECT?
      24    A.  THAT'S CORRECT.
      25             MR. STIRBA:  THANK YOU. NOTHING FURTHER.


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       1             MR. MAJOR:  NOTHING FURTHER, YOUR HONOR.
       2             THE COURT:  MAY THIS WITNESS BE EXCUSED?
       3             MR. MAJOR:  HE MAY.

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