ONLY on PMEngineer.com
Water Closet Drowning Death Revisited
by Julius Ballanco, P.E., CPD
October 21, 2010
Old murder case with plumbing element finally reaches conclusion.
A few years ago there was a “Forensic Files” show on Court
TV (now Tru TV) regarding a drowning death in a water closet. I was featured on
the show and testified at the trial.
That “Forensic Files” episode is still
periodically shown on Tru TV, and I normally get a phone call or e-mail that
someone saw me on television. If you care to catch it, the episode is called
“High and Dry.”
The
“Forensic Files” producers found the court case by reading this magazine. They
surf the Internet looking for articles on interesting court cases involving
forensic evidence. I originally wrote a column on this legal case after I
testified in court. The column got so long that I had to split it into two
columns (that ran in February and March of 2003).
Some Case Background
I received a call from a district attorney asking if an
adult could drown in a water closet. I responded not without someone holding
his or her head underwater. Otherwise, it was physically impossible. The same
cannot be said for small children.
When the DA explained the case, I
understood his question. A husband claimed he found his wife in the bathroom,
drowned in the water closet. She was throwing up after having overdosed on
prescription drugs in an effort to commit suicide. At least that is what the
husband said. The husband tried to perform CPR, but she was already dead.
The DA thought the story didn’t add up.
He surmised the husband tried to kill her by giving her an overdose of drugs.
She woke up and went to vomit the drugs in the water closet. The DA believed
the husband panicked and forced her head underwater until she drowned.
It should be noted the wife had planned
on leaving her husband the next day when he was at work. It was assumed he
found out about her plans.
This was a murder case where no
eyewitnesses testified, and there were no confessions. The case hinged on the
forensic evidence against the husband.
The husband was convicted of murder. He
was sentenced to life in prison in Wisconsin
without parole. After numerous appeals, he remained a convicted murderer.
Before “Forensic Files” airs a show, all appeals must be exhausted. They
actually waited a number of years before they filmed the show.
When I was asked to appear on the show,
I thought it would involve an hour of filming. Seven hours later, they filmed
everything you can imagine, including doing silly things to make the producer
happy. After numerous takes walking past water closets, I found out I am not an
actor.
Unfortunately when the show appeared,
it was not as much about the forensics that I wrote about in my column. There
was a heavier concentration on the sex angle. Sex sells. During the trial, the
sex angle was not that important. It was mentioned, but it wasn’t what
convicted the husband. Having the water closet present in the courtroom helped
to have the jury understand how you cannot drown in the water closet without
someone holding your head underwater.
Unexpected Twist
As it turns out, Court TV played a role in eventually
having the murder conviction overturned on appeal. One of the experts that
testified at the murder trial was appearing live on a murder trial being shown
on what was then Court TV. I happened to be watching the show in my hotel room.
When I heard the expert’s name, I said, “Hey, that’s the same guy that
testified in our trial in Wisconsin.”
As I watched him testify, the defense
attorney went on the attack. During cross-examination, the defense attorney
accused the witness of lying about his credentials. The defense attorney
presented the proof that he was lying. That is when I thought, “Oh no! What
about all the other trials that he testified in?”
The Wisconsin Supreme Court agreed that
the witness also lied about his credentials in our trial. They overturned the
conviction, even though they believed his testimony was unnecessary in
obtaining the murder conviction.
Shortly afterwards, I received a call
from the DA. The husband was out on bail and there would be a new trial. The
trial was scheduled for the end of this October.
The DA asked me to simply repeat the
testimony I had given almost eight years earlier. After all, nothing had
changed in the forensic evidence.
I will have to say I wasn’t looking
forward to another murder trial. It is eerie testifying when the person you
believe is a murderer is sitting about 25 feet away from you. But, if that is
what it would take to put him away for life again, I was willing to do it.
I knew that the forensic evidence was
very strong. There was no way in the world a jury would not reconvict him. In
addition, plumbing code requirements helped to support the forensic evidence.
The New Outcome
I received a call about the case recently, and apparently
everyone else thought the forensic evidence was too strong. The husband
appeared in court and pled guilty to a lesser crime of manslaughter. He will
still be incarcerated for many years, but he will be eligible for parole. His
sentencing is scheduled for the week before Thanksgiving.
This draws to an end my first murder
trial. By pleading guilty, the husband admitted he killed his wife. Even a
smooth-talking husband couldn’t get past the forensic evidence that proved his
guilt.
It’s a tragic story, but at least
justice has prevailed.
Julius Ballanco, P.E., CPD
jbengineer@aol.com
Julius Ballanco, P.E., is Editorial Director of PM Engineer and president of J.B. Engineering and Code Consulting, P.C. in Munster, IN. Prior to starting J.B. Engineering, he served as head of plumbing and mechanical engineering for Building Officials and Code Administrators International, one of the organizations that formed the International Code Council (ICC). His engineering consulting work includes the design of plumbing, mechanical and fire-protection systems; forensic engineering; training; and serving numerous manufacturers in different capacities. In addition, Ballanco is the current president of ASPE and a member of both ICC and IAPMO. He can be reached by e-mail at jbengineer@aol.com.
Links
Did you enjoy this article? Click here to subscribe to the magazine.
In the AEC Store
2009 Hydronics Know How II CD
Virtual encyclopedia on modern hydronic systems.
CONNECT WITH PM ENGINEER: