Death by spray tan?
Legal panel weighs in on the case
- Duration 7:10
- Date May 8, 2012
Legal panel weighs in on the case
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-- gore is back in session on the docket today death by spray tan.
That's basically the -- defense being used by this guy shown here Adam -- a Florida man accused of killing his wife.
The medical -- -- -- examiner says the wife Lina died from strangulation.
But her husband's legal team tells -- -- story claiming -- Had some sort of violent allergic reaction to her spray tan that caused her then to collapse.
And to fall on the magazine rack inside the bathroom strangling her.
The husband says he woke up and found her unconscious in the bathroom floor here is a portion.
Of his 911.
Don't think it's partly.
Due to look like -- now going.
-- yeah 318.
At what what that.
Joining me now Joey Jackson former prosecutor now defense attorney and Mercedes -- -- Fox News legal analyst.
So it took the medical examiner over a year to declare this case a murder but now the -- he says he is sure that's what it is.
And this guy's been charged with second degree.
Mercedes how -- they get second degree murder if it takes the medical examiner took a year plus to declare this a homicide.
-- not unusual in these circumstances that take that long unfortunately -- personal experience with it though it does take quite a long time for the Emmys specially -- the charges are so egregious like that.
They they look at the circumstances they thought it was an accident they didn't really suspect of -- husband.
Until soft some sort of ligature marks.
That could've been done could've been done a strangulation.
That's probably why he waited this long to take.
-- actually act conclude it was a homicide the Eddie came out -- -- and said she was killed by mechanical strangulation.
And that force would have to have been a.
Lied to cause her to strangle.
This guy -- 911 -- is talking about her being down in the ground and there are marks on her neck now what he claims.
Is she had an allergic reaction to her spray tan well -- -- it.
How -- lesson at first I was skeptical unlike many others thought a lot what is this the butcher the baker the candlestick maker did it.
But I think it's plausible people have reactions to many things sometimes violent things what -- -- the -- have to explain -- -- they have to explain the compression to the -- how do you explain that.
By the fact that she slipped.
As a result of this reaction hit.
That magazine rack it with a neck was compressed.
As a result of that that would demonstrate that and explain why she had that -- issue or what have you there's a couple of things also we know -- we do know that she has a medical condition.
That medical condition resulted her fainting at results and are having a heart condition was a result of.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Conclusions on that front because we are bringing in a special expert witness which we love to do in Kelly's court.
Doctor Mark Siegel a member of our Fox News medical eighteen doctor mark.
I ask you is it possible for spray tan which millions of Americans have gotten.
To cause someone to have such an -- reaction that they collapsed.
In a heap on the magazine rack.
Your -- first let me tell you I think that they can tell on an autopsy whether this was a strangulation or not this idea of fallen on a magazine rack Joey -- all due respect.
And they can tell a pathologist could tell second point is.
This THA that Mercedes is talking about.
Generally would cause only a skin rashes -- reaction -- only if you had severe asthma.
And you breathe it in accidentally because again you're spray it on.
Could it cause dizziness and -- candidate of my car I think -- chances my medical opinion the chances of this causing a block out and then death.
Is almost inconceivable.
And does not raised to the level of a reasonable doubt I think it's almost inconceivable if she was a severe asthmatic.
May -- should have some trouble.
-- generally well -- any questions you what I do certainly you would concede doctor that people have allergic reactions to many things would you not say that.
Absolutely and we cannot also saddled hold on -- -- not also say that everybody's physiology is difference as a result of back -- I might for example be allergic to one thing which -- -- perfectly fine with would you agree with that.
Absolutely -- -- but -- confidence that you're autopsy could tell the difference -- -- -- suggesting here is that as a result of her -- that resulted in the compression not so -- that the spray can cause anything and the family is -- -- -- that he had nothing to do with it and actually did have -- is.
This theory that might lead citizens I would -- -- -- -- The history would have to be severe asthma not what he's talking about if she had a condition of severe asthma and they could prove it.
It may be could affect her breathing all right I -- think it's almost inconceivable -- would cause that a black.
I want it's of that testimony was not good for your thick client jive but I have -- -- -- -- a lawyer says doctor -- thing ya wanna ask you that the lawyers -- -- among call goes on and on for twenty plus minutes.
You tell me Mercedes whether this could be used.
Against the defendant in the court listen to this excerpt.
Yeah and order and Internet producer and yeah.
And any and in any heated -- on top acting like it.
Little dramatic he deserves an Academy Award for that little performance and frankly he's on the phone for 23 minutes.
You find a -- -- collapsed and it heat in the NNN in the bathroom or anywhere and -- out.
You're calling that 911 operators think please send someone helped -- don't have the phone for 23 minute any second port.
If a doctrine -- -- -- -- she's not breathing so would you keep -- with operator upper 23 minutes.
He -- continue to have the Clinton you do -- here that's fine.
But get Kelly I'll give you the last word I want to point out that the defense tried to introduce wanted to do is we've got denied the fact that they claim.
He passed a lie detector test while.
And that is significant here -- of course it's not admissible book going back -- this this piece of the word that they compassionate husband a hysterical Huntsman a concern has created an upset Osmond who had no other alternative what does he -- do he's on the phone he's desperate for that help he wants them to get there and he is so I'll let -- -- -- -- -- that he had no other all.
He's apparently threat and in this is a -- -- committee that I slept in the bed.
And then get up and see my wife and I'm behind the floor the -- the yes he was fully -- he had his expensive watch on.
And the -- and they arrived the hood of the car was warm it's complete -- sisters and -- -- right got to leave it that good debate thank you Bob we'll be right back.