MEDICAL EXAMINER'S
AFFADAVIT AND REPORT

Dr. P. Douglas Kelley, M.D., Chief Medical Examiner for Fond Du Lac County, was the medical examiner who conducted the autopsy of Michael’s body. Dr. Kelley’s affidavit, his sworn statement under oath, disproves the various and conflicting versions of events presented by Kenosha police.

AFFIDAVIT OF P. Douglas Kelley, M.D., Medical Examiner

P. Douglas Kelley, M.D., being first duly sworn on oath, states as follows:

1. I am a forensic pathologist and currently the Chief Medical Examiner for Fond Du Lac County. From March 2004 to March 2006, I was an Associate Medical Examiner for Waukesha County. I make this affidavit on personal knowledge.
2. I was the medical examiner that conducted the autopsy on Michael Edward Bell.
3. My autopsy and forensic findings of Michael Edward Bell revealed a “contact gunshot wound to the head,” with the entrance wound on the right side of the head and the exit wound on the left side of the head. Officer Gonzales made this contact wound by pressing his gun against Michael Edward Bell’s head at the time the shot was fired.
4. A “muzzle stamp” was imprinted on the skin surrounding the entrance wound. The muzzle stamp marks the position of the muzzle of the gun on or near Michael Edward Bell’s head at the time the gun was fired by Officer Gonzales. Attached hereto as Exhibit 6 is a true and correct copy of the transparency overlay I created of the landmarks of the gun used to shoot Michael Edward Bell’s head. The sight of the gun is clearly visible at the top of the entrance wound.




5. As reflected in my autopsy report, the trajectory of the bullet that went through Michael Edward Bell’s head was right to left, front to back, and slightly downwards. See Muzzle Stamp and Bullet Trajectory.
6. The entrance and exit wounds, the muzzle stamp, and the trajectory of the bullet forensically establish how Officer Gonzales was holding his gun in relation to Michael Edward Bell’s head. These forensic facts remain a constant no matter how anyone says the shooting of Michael Edward Bell occurred.
7. I have viewed a still frame from a DVD reenactment showing how the defendants say the shooting of Michael Edward Bell occurred. As material here, the still frame shows an individual acting as Michael Edward Bell turning laterally away from the hood of the car, and Officer Gonzales holding his gun against the right side of Michael Edward Bell’s head as shown below:
   
   
   
   A true and correct copy of this DVD still frame is attached hereto as Exhibit 8.
8. The still frame reenactment photo is inconsistent with my autopsy and forensic findings in the following respects: a) the muzzle as shown above is not consistent with the muzzle stamp orientation on Michael Edward Bell’s head; b) the muzzle as shown above is not consistent with the exit wound.
9. Given the exit wound on the left side of Michael Edward Bell’s head, under the defendants’ reenactment scenario, there would probably be blood and/or brain matter on Lieutenant Krueger’s uniform. Further, given the trajectory of the bullet of right to left, front to back, and slightly downwards, Lieutenant Kruger would be in the path of the exiting bullet.
10. I am informed that skull fragments were found at the shooting scene. If there were skull fragments from the area of the exit wound, then the bullet exiting Michael Edward Bell’s head had sufficient velocity to cause blood and brain tissue to exit Michael Edward Bell’s head.
11. If skull fragments were found, it is standard protocol that all remains are given to me so that the remains can be returned to the deceased. To my recollection, no skull fragments from the shooting scene were given to me. Even if skull fragments were found at the scene, this has no bearing on my forensic findings of the evidence found on Michael Edward Bell’s head.
12. The final resting place of the skull fragments is not proof of Michael Edward Bell’s position at the time he was shot. Skull fragments are expelled from the head from a transfer of energy from the bullet to the bone. Skull fragments are not aerodynamic. Without the actual skull fragments, there is no way to determine how big, heavy or thick the skull fragments were. Without that information, the flight path of the skull fragments cannot be determined to any degree of certainty. Without that information, it is just as likely that the skull fragments were transferred on the scene from other individuals, including emergency medical technicians. I have also viewed two DVD still frame of Officer Gonzales firing a weapon. The Gonzales DVD still frames show Officer Gonzales canting his gun to the right and the top of the gun facing to the left. The DVD still frames show as follows: Attached as Exhibit 10 is a true and correct copy of this still photo. A true and correct copy of this DVD still frame is attached as Exhibit 11.
13. The DVD still frame showing how Officer Gonzales was holding his gun is inconsistent with the DVD reenactment.
14. The DVD still frame showing how Officer Gonzales was holding his gun is also inconsistent with my autopsy findings. As noted above, the entrance and exit wounds, the muzzle stamp, and the trajectory of the bullet in relation to Michael Edward Bell’s head.
15. If Officer Gonzales was holding his gun as shown in the DVD still frame, the following have to line up. First, to accommodate the entrance wound on the right side of the head, the right side of Michael Edward Bell’s head would have to be pressed against the gun. Second, and more importantly, to accommodate the muzzle stamp, Michael Edward Bell’s face would have to be pointed towards the sky. Because the muzzle stamp clearly shows the sight of the gun was imprinted at the top of the entrance wound, and the recoil spring guide of the gun is clearly imprinted at the bottom of the entrance wound, and the recoil spring guide of the gun is clearly imprinted at the bottom of the entrance wound, Michael Edward Bell’s head must be positioned to accommodate these landmarks on Officer Gonzales’ gun. The only way to line up the muzzle stamp to Officer Gonzales’ gun’s position as shown above is to have Michael Edward Bell’s face pointed towards the sky.
16. In consideration of the two reenactments reviewed, it is forensically impossible that Michael Edward Bell’s head could have been positioned in such a manner without either his neck being extremely hyper-extended or his body being bent backwards.

Dated at Fond Du Lac, Wisconsin this 14th day of January, 2009

P. Douglas Kelley, M.D.