VAN SUSTEREN: Joining us now from Detroit, medical examiner Werner Spitz. Dr. Spitz, we just heard former detective Arndt describe trauma as seen in sexual assault cases. Is
that something a detective could determine, or is that something left to the eye of someone who is
a specialist?
DR. WERNER SPITZ, MEDICAL EXAMINER: Well, I think that you need a forensic pathologist to
interpret injuries and to determine what they really mean. A detective is probably very
knowledgeable in many ways, but I think when it comes to interpretation of wounds, you need a
physician.
VAN SUSTEREN: And she also said that it was not a first-time injury. You know, looking at an injury,
I can tell if something is sort of an old bruise if someone is, you know, punched in the eye. But, you
know, is that something that you would think that the former detective would be able to determine?
SPITZ: No. The age of a bruise, the age of any injury, is often difficult even for an expert. And when
I say an expert, I mean a pathologists who examines the tissue under the microscope. And there are,
many times, different opinions along those lines. So a -- the word of a detective being very valuable,
I realize that, but not in this regard.
VAN SUSTEREN: Do you get the sense that former Detective Arndt is overstating it -- the case? I
know that you've had some involvement, but she is rather graphic; at least, she seems very
adamant about this sexual assault.
SPITZ: Well, detective Arndt impressed me -- and that is my personal opinion only -- that she is
emotionally attached to this case, that she evaluates and interprets findings more emotionally than
factually. And I think that became very noticeable to me when I watched the show in the morning.
VAN SUSTEREN: Now, I know that you -- in part, you've been consulted in this case, but a medical
examiner picking up the current written autopsy report -- could a medical examiner make a
determination whether this child had been sexually assaulted or not?
SPITZ: Yes, yes. A pathologist could look in the microscope and make such determination whether
this child has been assaulted on one occasion or on recurrent occasions.
VAN SUSTEREN: And what do you think if some other medical examiner picked up the existing
information available now and looked at it? What kind of -- what would be the reasonable opinion
about whether this child had been assaulted or not -- sexually assaulted?
SPITZ: Well, I think, you know, there have been books written on this, and I think, today, the --
what I read in the literature -- it's quite evident that there has been an assault that is interpretable
as being sexual. There are other questions that relate to that, of course. For instance, whether it
occurred before death, after death, who knows -- a whole lot of questions.
But, unfortunately, I cannot -- I consulted with the Boulder Police Department, with the detectives,
and it was agreed that I would not air my opinions on public media and, therefore, I don't think I
should be telling you confidential information. But the fact that there is a sexual assault, I think that
is common knowledge today.
VAN SUSTEREN: Now, when you say sexual assault -- and this is just from -- not in terms of your
own involvement, but someone else picking up the information, can you tell whether it is a sexual
assault that is a criminal matter or whether it's simply an accidental injury that could even be
self-inflicted?
SPITZ: No. Yes, you can tell that. You can tell.
VAN SUSTEREN: And what would the -- do you think -- the expert opinion if someone else picked up
the current information? Sexual assault or an accidental injury, perhaps even self-imposed?
SPITZ: No, I don't think that a pathologist would look at that and interpret that as being an
accidental injury.
VAN SUSTEREN: All right, we're going to take a break. When we come back, impaneled a year: Where
is the grand jury probe of JonBenet's death headed? Stay with us.
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