Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
      • Dangerous or Nuisance Dog Defense
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Drowning

drowning-1

Defending a Client Accused of Homicide by Drowning

Prosecutors attempting to obtain a murder conviction against an individual accused of deliberately drowning the victim will often rely on forensic evidence. If a Massachusetts criminal defense lawyer is going to successfully defend his client he must grasp how forensic experts differentiate between victims who: 1) experienced a fatal or near fatal episode that resulted into a fall into water; 2) were murdered and later placed into the water to make it appear that the individual drowned; 3) drowned as the result of an accident or as a means of committing suicide; and, 4) were forcibly held beneath the water by an assailant.

How Drowning Occurs

Drowning occurs when liquid enters the breathing passages, preventing air from getting to the lungs. This can take place in deep water, such as an ocean, or in water as shallow as six inches. Although drowning is sometimes used as method of homicide, it is very difficult to determine the manner of death when a victim is found in the water.

When a person is submerged under water, obviously he holds his breath. Carbon dioxide increases, and oxygen decreases, until a breaking point is reached. The person involuntarily inhales, and takes in water. Some is swallowed, and the person may vomit. The involuntary gasping for air continues for several minutes. Cerebral hypoxia continues until it becomes irreversible, and death occurs.

The irreversibility begins after three to ten minutes in warm water. However, children and infants who are in cold water can be resuscitated after as long as 66 minutes. Whatever the temperature of the water, all humans usually lose consciousness within three minutes. Hyperventilating causes a decrease in carbon dioxide, which leads to cerebral hypoxia. Therefore, the person may lose consciousness before reaching the breaking point. A person is considered a victim of “near drowning” if, after being rescued from he survives for 24 hours after being submerged in water, even if he dies shortly after or suffers brain damage.

Surprisingly, 10-15% of all drownings are considered “dry drownings.” This takes place when a small amount of water enters the larynx or trachea and causes a spasm of the larynx. The larynx becomes clogged by mucous, foam, and froth, and water never even enters the lungs. The concept of dry drownings is only a hypothesis, however, and cannot be seen through an autopsy.

After death occurs, the body sinks. It will not move far unless it is carried by strong currents. The body decomposes and gas forms, causing it to rise to the surface, where it is usually found. In very cold water, decomposition is delayed, and the body may stay submerged for months.

Cambridge Criminal Lawyer Explains: Tests to Determine a Drowning

The diagnosis of drowning is based more on the circumstances of the death than on tests. A complete autopsy is done, and if the person is found in water and no other causes of death are discovered, the examiner presumes the victim has drowned.

Chemical tests are non-specific and unreliable. A test that traditionally was used is the Gettler Chloride Test, where the amounts of chloride on each side of the heart were compared to determine if the person drowned in fresh or salt water. Another test uses the gravity of blood on the right and left atrias to determine if the person drowned. Neither test yields reliable results.

Examiners also look for the presence of diatoms, which are microscopic algae found in all types of water. This test too is unreliable as diatoms can be found throughout the environment. It is not uncommon for medical examiners to find diatoms in the organs of individuals who had not drowned. One can obtain diatoms by inhaling or digesting them, or by aspiration of water containing them. A forensic botantist will be able to analyze the prosecution’s forensic evidence and assist the criminal defense lawyer in formulating an effective defense strategy.

Problems with Diagnosing a Drowning

Aside from the unreliability of tests, it is hard to diagnose a drowning based on the circumstances of the death alone. People sometimes die of other causes, such as a drug overdose, heart attack, or epileptic seizure, then fall into water. Also, people can dispose of already dead bodies in water, making it difficult to know how the person actually died. Occasionally, there are suicides by drowning as well.

Symptoms such as hemorrhages, pulmonary edema, “washerwoman” appearance of the hands and feet, and goose flesh may indicate a drowning. However, heart attacks, drug overdoses, and other causes of death can also cause the same symptoms. Wounds that do not bleed also do not help distinguish the manner of death because they could have been inflicted post or antemortem. A good indicator that the person was alive while submerged is the presence of vegetation and stones from the bottom of the water in the hands of the victim. So difficult is it to determine the cause of death, an innocent person could be prosecuted for murder for an accidental drowning or a suicide.

References

DiMaio, Vincent J. and Dominick. Forensic Pathology, Second Edition, CRC Press, New York, 2001.

Geberth, Vernon J. Practical Homicide Investigation, Third Edition, CRC Press, New York, 1996.

Contact a Massachusetts Criminal Defense Lawyer

If you have been accused of murder or manslaughter, we urge you to retain qualified counsel. Kevin J. Mahoney is a highly regarded Cambridge, Massachusetts criminal defense lawyer, author of Relentless Criminal Cross-Examination, and on-air legal analyst.

PRINT THIS PAGE

TOP

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2023 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media