BANGOR, Maine — A medical examiner from Maryland on Friday said that a woman who died Christmas Day 2013 in her Ellsworth home suffered bleeding in the brain as a result of a fall forward, not as the result of a beating.
Dr. David Fowler, the chief medical examiner for Maryland, took the stand on the fifth day of the jury-waived murder trial of Christopher Saenz before Superior Court Justice Ann Murray at the Penobscot Judicial Center.
Saenz, 32 , is accused of beating his wife, Hilary Saenz, 29, to death in their Central Street apartment while their two children, then 12 and 8 years old, were in the home.
He is charged with intentional or knowing murder and, in the alternative, depraved indifference murder in the death of his wife. Christopher Saenz has pleaded not guilty.
In interviews with police played Wednesday, Saenz admitted hitting his wife on Dec. 22, 2013, but consistently denied striking her on Christmas Day. He said that on Dec. 25, 2013, she suddenly fell forward and had a seizure.
Fowler said he most likely would not have ruled Hilary Saenz’s death a homicide as Dr. Margaret Greenwald, a retired medical examiner for Maine, tentatively did on Dec. 26, 2013. She confirmed the death was a homicide in June 2014 after testing was done on the victim’s brain.
Greenwald testified Thursday that Saenz died of blunt force trauma to the head and body but said that bleeding in her brain was an important contributing factor.
Fowler agreed with Greenwald that a majority of the more than 50 bruises on the victim’s body were two days old or older. But the Maryland medical examiner, who is a native of South Africa, disagreed with Greenwald about which of the bruises on Saenz’s head caused the subdural hematoma.
He said the “goose egg” at the top of her forehead and not the bruises on her temples caused it. Greenwald said it was not possible to determine which bruise, if any, caused the bleeding in Saenz’s brain.
Dr. Zhongxue Hua, a neuropathologist from New York City was to testify for the defense Friday afternoon. Defense attorney Jeffrey Toothaker of Ellsworth said during a break Friday morning that Hua would testify that Saenz had an undiagnosed seizure disorder.
“He will testify that her brain showed strong evidence of seizure activity,” Toothaker said.
The defense attorney said that not all seizures cause an individual to fall down, appear to suffer a convulsion and lose consciousness.
Hua was called to counter the testimony on Thursday of Dr. Elizabeth Bundock, the deputy medical examiner for Vermont, who also is a neuropathologist. She was called by the prosecution. Bundock said that Saenz did not suffer from a seizure disorder but may have suffered seizures in the past as a result of a head injury she suffered years ago in a car accident. She testified that the victim did have a seizure at the time of her death, which is not unusual.
Bundock also testified that because there was blood in the spinal fluid in the brain, Saenz could have been experiencing bleeding there for up to two days before she died.
Toothaker said Monday in his opening statement that Saenz died of a brain hemorrhage that was a result of lingering, undiagnosed problems from a head injury suffered in a 2003 car accident.
Defense witnesses were called out of order to accommodate the doctors’ schedules, the defense attorney said Friday.
The trial will resume Tuesday with the prosecution continuing to present its case. Investigators who collected evidence and crime lab employees are expected to testify.
The trial, which was moved to Bangor by agreement of the parties, is scheduled to conclude late next week.
Murray is expected to issue a written verdict this summer.
Christopher Saenz has been held without bail at the Hancock County Jail since his arrest on Dec. 27, 2013.
If convicted of murder, Saenz faces between 25 years and life in prison. If the judge found him guilty of the lesser charge of manslaughter — which Murray could do if the prosecution does not prove murder — he would face up to 30 years in prison.
If you or someone you know is experiencing domestic violence and would like to talk with an advocate, call 866-834-4357, TRS 800-787-3224. This free, confidential service is available 24/7 and is accessible from anywhere in Maine.