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For prosecutors to sustain a charge of murder,
they would have to conclusively establish the cause of death. Although
Lisa was brought into St. Vincent’s Hospital on the morning of
November 2, 1987, in a fatal coma, she did not die “officially” until
November 5 when she was removed from life support. “After it was
turned off,” a doctor later said, “there were a few minutes her heart
continued to beat.” How she came to be in that coma was essential to
establish criminal liability.
Dr. Aglae Charlot, the medical examiner who
performed Lisa’s autopsy wrote in her initial reports that the
victim’s injuries were “suggestive but not conclusive of trauma.”
During her testimony during the week of November 12, 1988, though, she
stated that Lisa may have died from blunt trauma as the result of a
homicide. Dr. Charlot was not the only doctor to come to that
conclusion.
Dr. Mary Lell, the hospital’s chief of pediatric
neurology, testified that Lisa’s head injuries were consistent with a
forceful blow and that the blow could have been a fist. She also ruled
out the prospect of choking or poisoning as a cause of death. When the
possibility of a fall was suggested, Dr. Lel was emphatic. “I’ve seen
a number of children who have sustained that type of injury…the injury
that would be sustained in that situation is completely different from
the injury sustained by Lisa Steinberg.”
But it was Dr. Douglas C. Miller of the New York
University Medical Center who made the strongest impression on the
jury. He said that Lisa’s brain damage was “blunt head trauma, and
nothing else.” He made the comparison with the head blows suffered by
professional boxers and who sometimes die from them. “They never have
their skulls fractured either,” he said. The fatal blow would have to
be one of sufficient force, a fact that worked against Steinberg
because it was alleged that Hedda Nussbaum was in such a debilitated
condition on the night of November 1, 1987, she simply did not have
the energy to strike that hard. “They (the blows) would have to have
been…a tremendous force,” Miller said. In short, Lisa’s brain had been
smashed into the walls of her skull.
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