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Wienckowski - Article 78 Verified Petition

The toxicology report indicated that the decedent had minimum levels of morphine and codeine in her blood and liver, and no monacetylmorphine, the primary metabolite of heroin. Additionally, a supplemental report found significant amounts of GHB, the "date rape" drug, in her bile. These findings, combined with her injuries, caused the petitioner to pursue evidence regarding the cause and manner of her death. This led Erie County to exhume her body, which was then examined by a forensic pathologist who produced a report of her findings and conclusions. However, the Erie County Medical Examiner's office resisted cooperating with the pathologist's examination.

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28K views11 pages

Wienckowski - Article 78 Verified Petition

The toxicology report indicated that the decedent had minimum levels of morphine and codeine in her blood and liver, and no monacetylmorphine, the primary metabolite of heroin. Additionally, a supplemental report found significant amounts of GHB, the "date rape" drug, in her bile. These findings, combined with her injuries, caused the petitioner to pursue evidence regarding the cause and manner of her death. This led Erie County to exhume her body, which was then examined by a forensic pathologist who produced a report of her findings and conclusions. However, the Erie County Medical Examiner's office resisted cooperating with the pathologist's examination.

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21.

Moreover, the said Medical Examiner's Forensic Office produced a Toxicology Report dated

1-27-09 (Ex F). Said Report indicated that decedent had only 0.08 mg/L of morphine in her

blood, 0.20 mg/ kg of morphine in her liver, less than 0.02 mg/L of codeine in her blood, and

0.06 mg/ kg of codeine in her liver. These minimum levels also caused Petitioner to pursue

evidence concerning the cause and mam1er of death of Amanda Lynn Wienckowski.

Decedent had no monacetylmorphine morphine in her urine. This substance is the primary

metabolite of heroin. This evidence and absence of a key substance in decedent's body,

caused Petitioner to engage in the aforesaid pursuit.

22. Respondents' Medical Examiner's office also produced a "Postmortem Toxicology

Supplemental Report" dated 4/6/09 (Ex. G). Said report indicated that decedent had the

significant amount of Gamma Hydroxybutyrate (GHB), the "date rape" drug, in her bile, of

10. 7 mg/L, and 18.0 mg/L in another sample. This significant amount of the date rape drug

in decedent, combined with decedent's external and internal injuries and minimum amount

of morphine within her, also caused Petitioner to pursue evidence concerning the cause and

manner of death of Amanda Lynn Wienckowski.

23. Petitioner's pursuit of the cause and manner of death of Amanda Lynn Wienckowski,

caused Erie County to exhume Amanda Lynn Wienckowski's body in November of 2009.

Amanda Lynn Wienckowski's body was flown to California for examination by forensic

pathologist Silvia Comparini on 12/9/2009.

24. Dr. Comparini examined and studied the body of the decedent and the Erie County records

as to decedent, rendering a full report of her findings and conclusions on 11/18/11 (Ex. H).

25. Erie County Medical Examiner's office resisted cooperation with Dr. Comparini in her

aforesaid work (see Comparini rep011, Memorandum, Ex. H, p. 1).

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