Hidden True Crime - MEGAN BOSWELL TRIAL DAY 6: DNA ANALYSIS AND MEDICAL EXAMINER FINDINGS
Episode Date: February 12, 2025The trial of Megan Boswell for the murder of her daughter, Evelyn Boswell is underway. Join Lauren as she recaps day 6 of the trial. Stay tuned for more recaps as the trial continues. About Hidden Tr...ue Crime: Lauren Matthias, a former television reporter, and her husband Dr. John Matthias, a criminal psychologist, started Hidden True Crime in 2020 with their Season, 'Beyond the Veil,' a psychological deep dive into the doomsday murders and prophet. What started as a simple conversation at their dinner table became a captivating podcast. Join the dynamic duo of Dr. John Matthias, a forensic psychologist, and Lauren Matthias, an investigative journalist, as they delve into the psychological facets of unthinkable crimes every week. Their unique perspectives and in-depth analysis offer a fresh take on true crime storytelling. Thank you for your support through sponsorships, subscribing, listening, and becoming a Patreon member at Patreon.com/HiddenTrueCrime Sources: Law and Crime Our Sponsors:* Check out Acorns: https://acorns.com/HIDDENTRUECRIME* Check out Acorns: https://acorns.com/HIDDENTRUECRIME* Check out Armoire and use my code HIDDENTRUECRIME for a great deal: https://www.armoire.style* Check out Effecty and use my code HIDDENTRUECRIME for a great deal: https://www.effecty.com* Check out Happy Mammoth and use my code HIDDENTRUECRIME for a great deal: https://happymammoth.comSupport this podcast at — https://redcircle.com/hidden-a-true-crime-podcast1836/donationsAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy Learn more about your ad choices. Visit podcastchoices.com/adchoices
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trial and we are following it here at Hidden True Crime. My name is,
Lori Matthias, for those of you that are new to our channel, hit subscribe and we will continue
to bring you daily updates on this trial as it unfolds. First on the stand for day six of the trial
with state witness Christopher Wilhoit. He's an assistant special agent in the Johnson City
Criminal Investigation Department for the TVI. He explained that he was asked to assist the Sullivan
County Sheriff's Office during the investigation back in 2020 to find out what happened
to baby Evelyn. He explained that he didn't necessarily have one job during this investigation,
but he was there to assist as needed in any way possible. And so on February 23, 2020, Will Hoyt
noticed Megan outside of the sheriff's office after she had just finished up an interview with
law enforcement. He asked her if she was waiting for a ride and then all of a sudden, Megan
begins discussing Evelyn with him unprompted after this law enforcement interview had already
concluded. And so at that point, he asks Megan, hey, why don't you come back inside the sheriff's
office so he could take a more formal statement from her. So they go back inside together and he began
trying to gather as many details as possible. And so while he is in there writing down all of the
information that Megan is telling him, he utilized a digital tape recorder to also capture the
audio. So at this point, they stopped Will Hoyt's testimony to play that audio from,
this 2020 interview.
The audio begins with Megan stating, quote,
that girl that hung out with my mom went missing the same time Evelyn did.
What if my mom gave Evelyn to her?
What if you find her and she doesn't want to give Evelyn back to me?
End quote.
So Wilhoit then asked Megan,
is she sure that that's what happened?
And Megan said, quote, I mean, no,
but they went missing around the same time, end quote.
Megan then stated that the woman she's referring to was named Stephanie and was someone she used to see hanging out with her mom and doing drugs.
So Will Hoyt then asked Megan to go back over what happened before Evelyn went missing and she stated that she called her mom to ask her to take Evelyn because she was just really tired from working every day and she needed a break.
Megan explained in this audio recording that while she was working at the chicken shack, Evelyn was either with someone named Omami.
who I believe is Megan's grandmother or she was with a babysitter.
Wilhoit continues pressing Megan in this audio about how she called her mom and what phone
number she used likely so that they could compare her story to the phone data later on.
Megan stated that her mom had around 10 different phones since Evelyn went missing
and that she could not remember which number she used to call and ask her mom to come and get Evelyn.
How convenient.
Megan said that Angela, her mom came to pick Evelyn.
Evelyn up in the evening from Megan's trailer after she got off of work.
So after the audio recording of the interview concluded, district attorney William Harper
asked Wilhoite if there was ever any evidence that Evelyn had been given to another person
in Mendota.
And he said he had no knowledge of that.
Next, Megan's attorney, Jean Scott, came to the podium for cross-examination.
He asked Wilhoite if he Mirandized Megan prior to recording their conversation.
and Wilhoit said no.
Will Hoyt then explained that it was his job to review
and sign off on everything.
Agent Gratz was doing during the investigation
and he was aware that Megan had already been interviewed several times
prior to their conversation, including that one where she had just finished
and then was outside the sheriff's office.
Scott also asked Wilhoite if he was aware that the TVI had provided Megan
with a cell phone to use after hers was confiscated
and if he knew whether or not they could use that to track her location.
to see if she returned to the area where Evelyn was found.
However, Will Hoyt said he was unaware of the details regarding the cell phone she was provided with.
And so we were all left hanging after that really interesting question.
But Will Hoyt said he couldn't really speak to it.
Up next on the stand was state witness Paul Durant and Amber Massingill did the questioning.
Paul Durant is an FBI special agent who investigates crimes against children such as sexual exploitation, human trafficking, and kidnapping.
And so during the investigation,
In this case, he was responsible for reviewing any available evidence to locate potential patterns.
This included mostly digital documentation, such as extracted cell phone data as well as interview notes.
Before any actual data was shown to the courtroom, the defense quickly objected to the jury viewing any of this digital evidence.
However, Massingale said that the state filed a written notice of intent to introduce these documents.
And at no time did the defense object or say they were going to be opposing.
all of this evidence during the trial, that this was a surprise that they had filed all the
proper paperwork. So why the objection now? Well, the judge ultimately overruled the defense's
objection. And you will soon see why the defense pushed so hard to have this evidence
thrown out, at least in my opinion, I can see. So let's go over that evidence. Agent Durant was also
in charge, though, of reviewing Megan's social media. The jury was shown Facebook messages in which
Megan told multiple people that she was in a custody battle.
Some of the text messages included conversations between Megan and various friends,
the first being an individual named Alexia Rup.
In the messages, Alexia asked when she would be paid money that Megan owed her.
Well, Megan responded telling her that she was exhausted from dealing with a custody battle over
Evelyn with Ethan, which is why she had not gotten around to paying Alexia.
next were messages with another friend named Jesse Rosenbaum dated January 13th, 2020.
Megan texts, quote,
I lost custody of Evelyn to Ethan.
I've not told anyone but you.
He told me our court date was a different date than it was and I didn't know, so I was late to it, end quote.
Jesse told her that she could probably ask for a retrial and then Megan responded messaging,
quote, I'm trying to.
I just don't want to deal with them, you know?
end quote. The next text exchange shown to the courtroom was from January 26th, 2020.
A friend named Christopher Hall asks Megan how Evelyn is doing and Megan replies, quote,
good, mean as fuck, she hates me, end quote. On February 18th, 2020, Megan had a conversation with a woman named Shirley Lowry.
In the message, Megan writes, quote, if you want to know what's going on, I couldn't bring Evelyn
over because Ethan wouldn't let me pick her up and I have court in the morning. I am sorry and I hate
to be rude about this, but you don't have any rights to my child and what goes on between me,
her and her dad stays between me, her and her dad. I have court in the morning to set up a
specific plan where he has her one week and I have another, end quote. Following that text,
Megan then sends a photo of herself with Evelyn and text back, quote, this was her when I saw
her last weekend, end quote. And quote, if dad didn't flip out when I came on the property, I'd bring
her by. Not that it's any of your business, though, and don't involve anyone else in it, end quote.
Agent Durant stated that during his investigation, he located that same photo that I just referred to
that she sent in a text, saying that it had been sent to Ethan on November 30th, 2019. So it was
clearly not actually taken one week prior, like Megan claimed in that.
text to Shirley. So next, we saw another conversation between Megan and a person named Christian Annette.
The message was from February 22nd, 2020, and Christian told Megan that she was praying for her and hope that
she and Evelyn were okay. She told Megan to just be honest, and Megan replied, quote, I am being 100%
honest and trying to help find my baby. I was scared of the person who took her, and quote.
Next, jurors were shown messages between Megan and Hunter Wood.
On December 27, 2019, and let me remind you, Hunter Wood, the alleged boyfriend, the person that Megan was planning a future with.
These are text messages between them.
So on December 27, 2019, Megan said, quote, text me again, so I have your number.
I ended up just swapping phones with her.
Her is referring to her father, Tommy's wife, Ashley.
So the next day, she texted to Hunter, hey, I'm going to leave here soon.
Ethan and I talked and he's going to stay home.
He thinks that is what would be best also because I'm obviously not a very stable parent right now.
And Evelyn doesn't want to come home with me, end quote.
And then on February 19th, 2020, a slew of text messages.
We're going to go through them all.
But Megan essentially blew up Hunter's phone with messages, writing, quote,
Hey, I have no clue why you're mad at me.
But I've been waiting for my mom for fucking hours at the BP.
Can I please come sleep in your truck if I get a ride there?
Like seriously, I've done nothing for you to be mad at me.
I love you and I was supposed to leave so long ago and I am tired as fucking hell.
I'm also pregnant with your child so you could let me sleep in your truck.
I'm going to just come anyway and sleep in it when I can find a ride.
I'm so tired and I needed you tonight.
But thank you, Hunter.
I might just say, fuck it and come in, end quote.
She then tries to call Hunter, but he doesn't pick up.
And so then she writes again, quote, I'm going to.
I try to call, end quote.
On February 22nd, there was this pretty telling text exchange between Megan and Hunter.
Megan, hey, I texted you.
Just so you know, it's really me.
So then Hunter responds, change your Facebook name, end quote.
So at that point, we did.
do know that Megan had actually changed her last name to Wood on Facebook,
which Hunter clearly did not like that she had changed her last name to his last name,
asking her to change it.
Megan responds, quote,
I will in a few.
Will you please bring me a change of clothes?
TVI is in North Carolina with my mom.
Literally,
I don't care what clothes.
I just don't have anything at the moment.
Then Hunter responds,
they said there was no baby with her, though.
I met my mom's, end quote.
then responds. Quote, she's still under arrest and being questioned. Can you please do that for me,
though? End quote. Hunter responds. Yeah, but where's the baby? I just want the baby to be found safely.
Then Megan responds. Quote, dad won't let me go anywhere because of the situation. Hunter, I can't
disclose stuff on here about what TVI is doing. Hunter then responds, but please assure to me that the
baby will be found safe and brought home safely, end quote. Megan responds. Hunter, I have full faith in
the TBI and everyone I've spoken to that they will get the full truth out of my mom and bring my baby home
safe to me. Can you talk or your mom? I just can't disclose much more over the internet at this point in time
or over the phone and I hope you can understand that. If you don't want to, I will speak to your mom and
she will tell you. Also, tell her thank you for reporting the car missing. If mom has told you
anything that is off-putting, please let me know. If she told you anything at all, please tell me,
please, anything at all. Did she ever mention Mendota to you? She kept trying to take me there,
and I'm trying to find a ride up there to go looking. So please let me know if you know anything about
Mendota. I know it's late, but can you take me somewhere in Mendota? Along a river. Mom used to talk
about it.
End quote.
Hunter then responds, quote, get your dad or TBI to take you, end quote.
Megan then texts, quote, I can't get a hold of David and there's no way in hell dad
will take me.
David's not replying to me, probably because they're down in North Carolina dealing
with my mother, end quote.
Hunter responds, quote, I'll contact Chris Wilhoit and see what he says to do, end quote.
Megan then responds, who was that?
I don't know exactly where it is, end quote.
Hunter.
Then decides to let Megan know who Will Hoyd is and says, quote,
the leading TBI agent, end quote.
Megan sort of dismisses that and just responds, quote,
I just know a river in Mendota.
Someone told dad they wanted to talk to him.
Same place mom got arrested for trespassing in Scott County, Holston River.
Hunter then responds, quote,
what does that have to do with the baby?
End quote.
Megan, then text.
Quote, the only place I know she might be connected with is in Mandota.
Dad is on the phone with someone right now.
Something about who reported the car she saw.
She says that she would only talk to dad and that she had important information.
Dad's on the phone with her recording the call, end quote.
Hunter, then texts.
Quote, what did they say?
End quote.
I'm really liking, by the way, Hunter's show.
Short and to the point text right now.
Well done, Hunter.
Megan, not really answering the questions, but let's keep going here.
Megan then texts, quote.
She said my mom dropped the baby off behind the church three days ago.
They're looking into the church thing right now.
She said a church off of Highway 304.
I think she said feathers and chapel.
Dad talked to her.
I'm not sure.
But I am losing my shit right now.
I have no one.
I have to find Evelyn now.
It has been three days already.
What if she's cold and hungry?
Hunter, please, no one will take me to look for her.
Mom had to have dropped her off somewhere.
Please help me find my baby.
If you won't take me, I'm literally going to steal a car.
I don't care I'm sitting at a food city with the cops.
Hunter, if she dropped her off three days ago, time is ticking fast.
A TBI has some sort of update and I'm about to head up there now.
I'll let you know.
And Melissa, no.
End quote.
Those were the end of the message.
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So according to the state, these text messages certainly imply that Hunter had no idea where Evelyn was.
And that Megan was telling Hunter the same lies she had been telling everyone else.
If Hunter had been involved in her death, why would Megan be?
telling the lies about Angela, having the baby, and then these new lies about Angela supposedly
dropping Evelyn off behind the church. I mean, it does make me wonder. And I think the state is
doing a good job implying the hunter likely had no idea and was not involved in anything that had
to do with Evelyn going missing. Not only that, but it does seem that Megan was trying to
manipulate Hunter into believing she was pregnant with his child in order to get him to help her as he was
attempting to pull away from the situation.
She also tried guilt-tripping him by saying she was worried about Evelyn being behind
a church for three days when in reality, once again, we know that Megan already knows that
her little baby girl Evelyn had already been in the trash can.
After returning from lunch break, the jury was shown an image of Megan and Hunter at a place
called Blowing Rock, which she sent in a message to her friend Bailey Hawkins.
After that, we saw several photos extracted from Megan's Instagram.
Instagram account. The first was taken on February 16th and showed Hunter standing in front of a house
with a caption, quote, so excited for our new home, end quote. The next photo was from February 17th and was
Hunter laying on a bed with the caption, quote, picking our new furniture for our new house, heart
emojis, end quote. Next was Hunter standing in front of a car captioned, quote, so proud of my
baby, new 2020 high country, end quote. And that was posted on February 18th.
Agent Durant testified that he also reviewed social media communications between Ethan and Perry and Megan.
He noticed a pattern of Megan sending Ethan at least a dozen messages every day, giving updates and providing new photos of Evelyn.
He said that this pattern continued from around November 1st to December 3rd in which the updates seemed to just stop.
After that, Megan would periodically send older photos here and there, but none of the photos were recent photographs after December 3rd, 2020.
In other words, there were no new photos of Evelyn after December 3, 2020.
Up next on the stand was a special agent forensic scientist named Marla Gray, who works at the TVI
Crime Lab.
She stated that her role at the crime lab is to analyze evidence for the presence of bodily fluids
and skin cells and to determine who those belong to by conducting DNA analysis.
Dun-dun-dun, we are to the DNA analysis witness.
Gray was asked to perform numerous tests on evidence in connection with the Boswell case
prior to Evelyn being found on March 4th, 2020. Gray received items to analyze
in attempt to generate a DNA profile. And this profile would then be placed in the missing
children database. To do this, she utilized clothing and focused on the neck area where babies
typically drool and may have a concentration of DNA. Gray explained that after receiving the
trash can where Evelyn was eventually found, she used swabs from instant.
the can as well as the bags and other items in the playhouse to conduct DNA testing.
Gray also received the blanket, onesie, her diaper, and blood samples that were collected
after Evelyn's autopsy was conducted.
With these, she was able to compare and match the DNA to the items that she received prior
to Evelyn being found.
Next, Agent Gray presented several items that she tested to the jury.
The first was the chewed gum located inside the trash can where Evelyn was successful.
found. I have been wondering about this chewed gum in the trash can. So we are going to finally learn
about the chewed gum. Well, Grace stated that a match for Megan Boswell's DNA was found on the chewed
gum. The next item was a water bottle with two DNA profiles, the main contributor being Megan.
Another water bottle was located in the trash can as well and tested as a match for Evelyn's DNA.
Next was a white pillow which had DNA of Evelyn and at least three other individuals, including one partial unknown male profile.
This is interesting.
Next was a peer of blue rubber gloves, which produced a limited partial profile of at least one male.
However, these gloves didn't have any DNA belonging to Evelyn on them.
That's also interesting.
Agent Gray discussed testing the foil sheets that were found around Evelyn as well, and she said that while there was a,
presence of blood on the foil. Their testing was enabled to gather enough for a DNA profile.
Due to this, the foil along with the white trash can, were sent to another lab in Knoxville
that has latent fingerprint testing capabilities. Gray discussed a tissue located in the trash can
that was stained with blood matching Megan's DNA profile. Agent Gray also testified about
conducting a search for the presence of blood inside a 2018 red Chevy Cruz,
prior to Evelyn being located.
However, she said that there was no blood
and nothing else in the car then was processed.
She also conducted a search for blood
in Megan's trailer off Sugar Hall Road,
but nothing was found there either.
So on cross-examination,
Attorney Scott had questions
regarding the blue rubber gloves
that contained partial DNA profiles
for an unknown male.
Pretty predictable that that's where the defense
was first going to go.
So he asked about whether other labs throughout the country may have had more capabilities in formulating a full DNA profile,
but Agent Gray stated that she did not believe so.
Scott then asked about a few hairs that were collected from one of the gloves,
which Grace stated were sent to another lab that had hair testing capabilities.
Scott then asked if Gray ever tested any of the items against Hunter Woods DNA.
However, Gray stated that she didn't receive a profile for him to use,
and wasn't asked to do so.
This is a pretty good question so far from the defense.
Surprised by that one.
In addition, she never found any complete male DNA profiles
that she could have even used, though,
to compare to Hunter's DNA,
even if she had been asked.
So, in other words,
no solid male DNA profile to even test in the trash camp.
Up next was Special Agent Forensic scientist David Hoover,
who was employed by the team,
TBI and the Nashville crime lab latent fingerprint unit.
At the lab, Hoover processes any evidence for fingerprints and works to identify who they
belong to. Hoover testified that the lab tested items pertaining to the Boswell case,
including the White Kitchen trash can. They found the far tip of a fingerprint on the rim
of the trash can, which was determined to be Megan's left middle finger.
Another fingerprint under the rim was determined to be Megan's right index finger as well.
Next on the stand was medical examiner and forensic pathologist Dr. Matrina Schmidt.
She formerly worked at the William L. Jenkins Forensic Center in Johnson City, Tennessee during the time of Evelyn's murder investigation.
After Evelyn was found, she and her team removed Evelyn's body from the playhouse on the Boswell compound.
During her examination of Evelyn's body, Dr. Schmidt was unable to see it.
any soft tissue injuries, which may have been hidden by the extensive decomposition, she admits.
But she also stated that there were leaves located in Evelyn's hair and leaves scattered
throughout the playhouse as well. Dr. Schmidt testified that she believes Evelyn died as a
result of homicidal violence. She based this opinion on the autopsy, the investigative summary,
and law enforcement's investigation. Massingill then asked this question.
quote, hypothetically, if Evelyn was alive when she was placed in the trash can, is positional
asphyxia likely?
And quote, Schmidt said yes, and that the upside down position of her body would have cut
off her breathing.
Massengil also asked, quote, hypothetically, if a blanket is pulled up over the face of a child
who is then placed upside down in a trash can, could the blanket itself cause some type
of asphyxiation.
End quote.
Schmidt said yes again, and Massagil then asked the same question regarding the trash bag.
Could the trash bag itself cause some type of asphyxia?
Dr. Schmidt said yes if it covered the nose and mouth.
Next, Massengale asked if a co-sleeping rollover incident was a possible explanation for
Evelyn Boswell's death.
Dr. Schmidt said that in her opinion, quote,
no, because typically those type of deaths occur in younger children, end quote.
She also said that there was no evidence that leads her to believe that Evelyn died as a result of anything accidental.
During cross-examination, Dr. Schmidt conceded to Jean Scott, pointing out that she wasn't able to determine an exact cause of death.
Smaston, you'll finish up by asking you if anything could be said to convince you this was by natural causes somehow.
And it's your opinion it could not be how soon?
Based on my autopsy examination, no.
Let's talk about your autopsy examination.
Are there any medical findings of a cause of death,
or is it simply the way the body was placed?
There are no natural medical disease processes to support her death.
Yet there are no medical basis for her death.
death based on your autopsy, are there? For instance, give me a hypothetical, if the child were found
laying on a table as opposed to in a trash can, would anything have changed about the findings
you found in your autopsy report about her medical conditions? No. In regard to sudden infant death
syndrome, there was a back and forth between Gene and Dr. Schmidt in which they clearly do not
agree on that being a possibility. If you're found in the manner,
that the decedent was upside down in the trash can, it's not sudden infant death syndrome.
You can't say that, doctor. If the child died of sudden infant death syndrome and then was placed
in the trash can, that is possible, isn't it? Usually they die around nine to ten months.
Is that upper age? But yes, you're right. It could be a sudden death and then placed in the trash can.
It could be possible in this case. I wouldn't rule it a sudden death.
infant death syndrome okay you said they usually die younger but sudden infant
death syndrome goes up to the age of around 12 months and there's really not a
defined end to it is there it becomes less common is that right yes okay and
there are factors that can really don't know what sudden if a death
syndrome is do we that's correct okay but there have been factors determined
that can maybe lead to that.
Say higher incidence of SIDS with kids who have these conditions,
certain conditions.
Would you agree with that?
Yes.
OK.
Were you aware that there was an intrauterine growth
restriction when Megan was pregnant with Evelyn?
Yes.
Jean then discussed Evelyn having various conditions,
such as acute barangitis, during her doctor's visit,
During her doctor's visit in October of 2019, this is a viral infection that can technically
progress towards the respiratory system.
She also had gastroesophageal reflux, which can lead to spasms in the larynx.
This is when stomach acid travels up the esophagus and irritates the larynx, causing sudden spasms
of the vocal cords leading to a choking, sensation, or difficulty breathing.
Evelyn also had something called a tongue tie, and all of these things are technically
known to cause a higher likelihood of a child dying from SIDS. However, given the circumstances,
Dr. Schmidt ruled all of these out as a potential cause of death. What medical evidence in there,
in that report, rules those things out. You can't rule out SIDS with an autopsy, can you?
No, I'm going to ask that he has no one. No, you cannot. So you can't rule that out in this case,
can you? I ruled it out. You did?
but you don't have any reason to do that, do you?
Yes, I do.
What is that?
A forensic examination is not based only on the autopsy.
The autopsy helps you out.
It's based on all the circumstances surrounding the death.
What circumstances allows you to rule that out without medical proof, doctor?
I did not see any bone fractures.
I didn't see enough natural disease that I thought it would account for her death.
Bone fractures have nothing to do with SIDS today?
No.
Natural disease has nothing to do with identifying SIDS, does it?
Yes, it does.
What does it?
It rules out SIDS.
Okay, so does natural disease, you say it rules out SIDS, it doesn't identify SIDS, does it?
No, it does not.
It rules it out?
That's correct.
How did you rule out co-sleeping and being rolled on them?
bed is a cause of death?
I used it based on the circumstances surrounding the death.
Scott continued to push Dr. Schmidt on how she could rule out SIDS or a co-sleeping
event and determine her death be due to homicidal violence.
He stated that there were no medical findings to determine violence or to say whether
Evelyn was placed in the trash can alive.
Schmidt agreed that while there were no medical findings, it was all of the evidence as a whole
that led to her.
determination. Last on the stand on day six was Dr. Durinka Malusnik Pulchen. She is the chief
medical examiner for Knox and Anderson County in Tennessee and the chief medical officer for
the regional forensic center in Knoxville. She is also a pathology professor at the University of
Tennessee Medical Center. Dr. Pulchen was asked to review the autopsy conducted by Dr. Schmidt as
well as other case material such as the medical records, TBI forensic reports, scene photographs,
toxicology reports, technology, case reports, and summary of facts. Based on her review,
she also determined Evelyn's cause of death to be asphyxiation and manner of death to be homicide.
She also stated that her opinion did not differ much from Dr. Schmitz other than that she
provided several different mechanisms in which Evelyn could have asphyxiated. These
included positional, mechanical, and traumatic mechanisms. Dr. Polchens stated that a forensic autopsy
cannot occur in a vacuum and has to take into account the context of the scene and investigation.
This is why the medical examiner goes to the scene in order to gather the context of how a person was
found. In this case, the context included an individual who was wrapped in multiple layers,
placed upside down in a confined space, contorted and compressed in an S position that prevented
the diaphragm from expanding to breathe. Her face, and when I say her a little baby, a 15-month-old
baby girl, her face was also flattened against the side of the trash can, which would have
contributed to asphyxiation as well. Next, Dr. Polchand began going over photos from Evelyn's
autopsy. She described in detail that
during decomposition, the soft tissue begins to break down and detach, including the top layer
of skin. Given that the foil was wrapped so tightly around Evelyn's head, the decomposition
fluid acted almost like a glue between the foil and her skin. And this made it difficult to
remove all of the foil while also preserving Evelyn's facial features, and it required an
extreme amount of time and effort. During this portion of her testimony, the camera briefly panned over
to Megan while the photos were being displayed in front of her, and she could be seen with her head
down seemingly too emotional to look at the screen. District Attorney Harper then asked Dr. Polchance
if there was a way for her to determine how long Evelyn had been in the trash can. She testified
that the only thing she could say was that Evelyn was in two states of advanced decomposition,
wet and...
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Dry. Her head and upper body underwent wet decompositions.
due to being placed upside down so all of the bodily fluids settled there and created
staining on the blanket to foil and trash below. Her legs and feet underwent dry decomposition
due to the bodily fluids going downward and actually creating sort of a mummification
effect. Temperature of the environment and insect activity is taken into account as well.
However, all of the layers that she was wrapped in, that may have impeded bugs from getting to the
body which would have expedited decomposition with the exception of a few larva that were found.
Dr. Polchon stated, in her opinion, the way that Evelyn was found in so many layers shows intentionality.
She also found the onesie being left unzipped as unusual.
She said that if a child hypothetically died in their sleep, you would not usually see their
onesie left open in that way.
DA Harper asked Dr. Polchon if she believed that Evelyn could.
have died from something medically related, but she stated no, because Evelyn was a healthy child.
In regard to the co-sleeping event, Dr. Polchin reiterated that Dr. Schmidt stated that
Evelyn was not an infant anymore and in a toddler stage. In her experience, she'd never
seen a child her age die from an overlaying accident or incident because at that point,
the child can move by themselves, flip, make noises, etc.
How many children last year under the age of or over the age of 12 months died of roll over
death in Tennessee?
None.
How many children in the last 10 years over the age of one in the state of Tennessee died
from roll over deaths?
Yeah, all of those we call like unsafe sleeping environment beds and none of the children
who died of over overlaying, rolling over on, some of.
sleep environment were older than a year.
During cross-examination, Attorney Scott asked if Dr. Schmidt had made a mistake.
Would that be reflected in Dr. Polchan's report if that mistake was made,
as well as because she was basing her findings on the original autopsy?
Polcheng replied that she came to her own conclusions,
based on all of the facts from not only the original autopsy,
but the evidence and investigation as well.
Well, Scott then asked if she was able to use any medical conclusions to determine Evelyn's
cause of death. Dr. Polchand stated that there was no other reason for Evelyn to be dead
because there was no evidence of medical conditions at the time of the autopsy. The medical
records, her tissue samples, nothing. They did not indicate that anything was currently wrong
with Evelyn. Once again, Scott brought up the possibility of sudden infant death syndrome,
which Polchand actually referred to as an antiquated term that no longer is used in medical diagnosis.
She said that it is not an actual syndrome and was only used to describe infant death that seemingly had no other explanations
and that nowadays, because of new technology, scene investigations, microbiology, toxicology,
true cases of SIDS are extremely rare and almost non-existent.
Scott then asked her, well, if another pathologist said that SIDS,
was possible in this case, would they be an incompetent pathologist, to which Dr. Polchan said yes.
Now, this was a pretty tense moment because during Dr. Schmidt's testimony, she conceded that
SIDS could technically be a possibility. So if Dr. Polchon believes that Dr. Schmidt is an
incompetent pathologist, the jury may believe that as well in question her findings.
So you're telling me that if another pathologist said this child could die of
SIDS are just wrong? Yeah, he's wrong or she is wrong because SIDS doesn't exist. SIDS never
existed. So if that pathologist is using term SIDS, that pathologist needs to go back to
forensic school. Probably not competent. I'm sorry? Probably not competent.
If he or she's using SIDS, that's not a competent pathologist. At this day and age, that's not a
competent pathologist. At the end of Cross, Scott Riddick quote from Dr. Schmidt stating that the
possibility of Evelyn being placed in the trash can alive couldn't be excluded. He asked Dr. Polchian
if this was her opinion as well. And she said, quote, I believe she died in the trash can, end quote.
Scott then asked if she could say conclusively that Evelyn was alive when placed in the trash can.
And Polchon said, quote, she could not breathe in the trash can. That is my conclusion.
end quote. Scott took this as her refusing to answer his question and asked that she answer yes or no,
was she alive when she was placed in the trash can. Poulchin then brought up a good point that she may have
already been dead before being placed in the can because she would have already been wrapped in the foil,
the blanket, and the back first, all of which would have prevented her from breathing.
And by the way, this is all really difficult just to reiterate to all of you what was being said in court.
So just know that I know that.
And I'm sorry that we even have to be talking about this little 15-month-old that was found in a trash can who was murder.
So then going back to what Polchan is stating that all of these layers and being wrapped in the foil, the blanket, the bag, all that would have happened first before being placed in the trash can.
and all of this would have prevented her from breathing.
All of those things had to happen before Evelyn was put in the trash can.
So at this point, Scott started to become visibly annoyed,
and Judge Goodwin threatened her with contempt of court
if she did not answer the question as yes or no.
You can't say conclusively that she was alive when she was wrapped.
Yes or no.
All I can say is that she cannot breathe with a foil,
with a black, with a bag, and with the witness.
to answer my question, yes or no.
Doctor, you need to answer his questions.
He's asking yes or no questions.
You can explain afterwards if you want to,
but if you feel the need to,
that you do have to answer his question.
So I'm sorry, what was the question?
You can't say conclusively
that that child was alive when it was
wrapped in the blanket and when it was wrapped in tinfall.
I have no reason
for her, for this child to be dead.
Yes or no, doctor.
Nobody can tell
exactly of the state of her body
except that she cannot breathe with a foil and the bag.
Judge, I was asked the court to instruct the witness to answer the question yes or no and then explain.
I'm not really sure.
I'm not being mean to.
If he's asked you the question, the answer is yes or not.
I'm instructing you to the best of your ability.
Answer yes or not.
And you'll have an opportunity to explain it.
For a forensic pathologist, it's hard to answer.
that question yes or no, but nobody can guarantee or say with certainty what really
happened to this child prior to the foil being put on her face. So you can't say
whether she was alive or dead, can you? She has no reason to be dead other than that.
Judge, this witness is being evasive. May we approach? He's going to ask you this
question one more time and I understand this case in this situation. Man, I'm telling
you if the answer is not yes or no, you'll be facing contempt of course.
Dr. Polchan finally replied, no. She could have been murdered a different way.
Yes or no, can you say conclusively that this child was alive or dead when it was placed in the blanket and the tinfoil?
The blanket pinfoil, the trash can, which one?
Okay. The answer is no. She could have been murdered a different way.
Thank you, doctor.
That was her final answer.
This concludes day six of the Megan Boswell trial.
and I will continue to bring you updates and recaps.
Hit subscribe and notifications to continue following.
And may justice be served for Little Evelyn.
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