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More damaging information to the prosecution’s case came
concerning the insulin-encrusted needle. The new evidence team
gathered all the testimony and lab tests concerning the needle it
could find and presented it to “several of the world’s leading
forensic experts,” including the chief of serology for the New York
State Medical Examiner. About the needle, Dr. Robert Shaler wrote:
“The needle alleged by the State of Rhode Island to have been
injected into Martha [Sunny] Bülow ... was not, and could not have
been, injected.”
First, the experts said, if the needle had been injected into
Sunny, there would have been traces of human tissue and blood elements
on it in addition to insulin. There were none. Second, amobarbital was
found on the needle, and that drug always leaves bruising and
welts There were none on Sunny; physicians looked everywhere for
indications of injections and found none. Third, Valium was found on
the needle, but no Valium was found in Sunny’s body. Finally, the
encrustations on the needle were found at the tip, which experts say
is inconsistent with injection. The skin acts as a sponge and, when
the needle is withdrawn, wipes the serum from the tip. The only
residue would be located “at the lever fitting of the needle, that
is the point of attachment of the needle to the syringe.”
Since the lab tests had shown insulin on the syringe, where had the
insulin come from? The answer to that question came from across the
Atlantic. The British version of the FBI had been doing research on
needle washings and had found that washings containing a combination
of amobarbital and Valium but no insulin can result in false positive
results for insulin tests. The defense team submitted in a blind
experiment four samples to the same lab that conducted the original
tests. The results came back indicating two false positives for two
barbiturate and Valium-laced needles and one accurate positive for a
needle with Valium.
The defense team’s experts, who included the chairman of the
department of medicine at the University of Chicago and the head of
diabetes research for the Downstate Medical Center in New York,
claimed that the lab’s speculation that the “murder weapon”
contained insulin to be “not a valid result.”
“The experts thus decided that they would never rely on the
‘correct’ reading given by the lab for their own practice, yet the
prosecution had relied on it in convicting Claus von Bülow and
sentencing him to prison for 30 years,” Dershowitz wrote.
The last bit of science that had helped convict Claus was the
expert testimony of Dr. George Cahill of Harvard Medical School, who
had been asked a hypothetical question about the cause of Sunny’s
two comas. Since Cahill had never seen Sunny, he could not answer
questions directly about her coma, but as a recognized expert in the
area of endocrinology, he could speculate about a hypothetical case
similar to Sunny’s. He was asked by Famiglietti to address whether
exogenous insulin could have caused coma in a woman with reactive
hypoglycemia who had received two glucose pushes at 8 and 9 p.m.
Cahill said yes.
The discrepancy was that Sunny von Bülow was not given glucose
pushes at 8 and 9 p.m. She was given one push at 9 p.m. “The 8 p.m.
glucose push had been a product of the prosecutor’s imagination.
Thus, the hypothetical patient’s hypothetical coma
might have been caused by an insulin injection, but Sunny von Bülow’s
very real coma might well have been caused by other factors,”
Dershowitz said.
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