Subscribe to
Fully Vetted
Dr. Coates is a veterinarian based in the other “Sunshine State” – that's Colorado to the rest of you – where she lives and plays with a varied range of animals. She shares her professional and personal experiences, Monday through Friday, here on petMD's blog, the Fully Vetted. Log in for your daily dose of her insight and wisdom.

 

When 'animal CSI' goes wrong ... way wrong

December 06, 2010 / (19) comments


In a stunning breach of ethics and/or competence, self-styled "animal CSI" expert, Dr. Melinda Merck (of the ASPCA) either misled the courts for the purpose of advancing her personal/professional agenda, or she displayed shocking incompetence in the field she pioneered and through which she rose to prominence.

 

How? By bungling two really high-profile cases in the same month.

"She doesn't have any credibility with me right now," Circuit Judge Daryl Trawick said in his courtroom last Tuesday as he lambasted prosecutors for slavishly relying on her testimony in a case in which a South Florida Great Dane was allegedly sexually abused by her owner.

The defendant, her 65-year-old owner, had made off-color jokes about his dog's sexual proclivities to a University of Florida technician last July, which legitimately prompted an investigation. Dr. Melinda Merck's involvement ensued, in which she claimed that she had discovered "severe vaginitis" and the presence of human semen in the dog's urine. This salient finding was reportedly corroborated by University of Florida staff but was ultimately refuted by at least four other forensics/pathology experts elsewhere.

The upshot of her findings was a warrant for the arrest of the Dane’s owner, a SWAT-like search of his residence (based on her claims that his alleged crimes represented a plausible pattern of criminally sexual behavior), his demolished reputation after the local media got wind of the story, and his dog's removal for the foreseeable future — which turned out to be a full four months.

All for nothing, as it turns out, seeing as no other expert reported anything remotely similar to what Dr. Merck sang to the hills in what is starting to look more like a witch hunt than an animal cruelty investigation. Owner exonerated. Stay tuned for the lawsuit that will follow on the heels of his name-clearing.

This shocking news comes just two weeks after reports of Dr. Merck's impressive mismanagement of the Miami cat killer case, in which she claimed a "crime" had been committed based on her necropsy findings. The cats had been eviscerated with a sharp instrument and presented in a stereotypically deviant way, this expert explained to the police.

Which is why the entire community was on guard for a deranged, mutilating "cat killer," and why everyone (myself included, I will admit) was pretty convinced that the "creepy" neighborhood teen — who misguidedly joked about the cats' deaths with police investigators, and who had taken up cat dissection classes in his free time — had committed these crimes. He ended up serving a year under house arrest based on that "evidence."

Again, it took a bevy of backup pathologists to refute Merck's findings. The animals, it turns out, had wounds obviously characteristic of animal bites, other forensics experts uniformly noted. No evidence of a scalpel-like instrument, as Dr. Merck had asserted, was ultimately supportable. Too bad they were recruited way too long after Merck's initial findings fueled the frenzy they did. Were it not for the baseless conclusions of this appointed expert, a community-wide panic and the decimation of one kid's late teen years could have been entirely averted.

Dr. Merck is director of veterinary forensic sciences for the ASPCA, an organization that counts her among the most prominent veterinary forensics experts in the world. It certainly doesn't hurt her reputation any that she's written a text on the subject and has served as an expert witness in cases as prominent as Michael Vick's. She's also a really big deal at the University of Florida, where she co-founded a veterinary forensic science training program (dubbed the "Animal CSI'").

Yes, her star has been relentlessly on the rise … until now. Which makes me think that were it not for these twin debacles (which may well result in legal action against her employers) she'd be making the rounds on Animal Planet in no time.

But wait — TV doesn't really care much about real life does it? Indeed, a television show may be the only place Dr. Merck will be playing the role of an "expert" anytime soon.

 

 

 

Dr. Patty Khuly

 

 

Pic of the day: "Health care reform?" by Creatures of the earth

 

Subscribe to Fully Vetted
COMMENTS (19)
1
by on 12/06/2010 03:11am

well...color me shocked...oh wait...she's part of aspca...in that case...not so much. That and it's counterparts have long been promoting agenda's that are questionable at best.

These misrepresentations sound like self promoting witch hunts to me...ones that are better fodder for Dr. Phil then animal planet...

"experts"...keep them away from me thank you very much.

2
truth?
by on 12/06/2010 05:19am



http://www.newsherald.com/news/panama-89015-charges-state.html

...."
Fowler, who ran a holistic veterinary clinic out of her home, told officers the cat had been hit by a car, but a necropsy exam performed by Dr. Melinda Merck, senior director of veterinary forensic sciences for the American Society for the Prevention of Cruelty to Animals, showed the cat’s injuries were not consistent with being hit by a car. The cat died as a result of exsanguination, or excessive blood loss, with a contributing cause of blunt force trauma to the head and abdomen.

BCSO investigators later found a mallet similar to the one Petit described in the top shelf of a tool box in Fowler’s garage.

However, there was no blood on the mallet, Hess said, and no blood on Fowler’s clothes like there should have been if she had just slaughtered an animal. He added that Shipley called prosecutors after being told the trial was near and informed them that Petit was in the Midwest. It did not make sense to pay for a witness to come back to Florida for a misdemeanor trial, Hess said.

Shipley said he was “extremely upset” and called the decision to drop the charges “suspicious.” "....

----------------------
Probably why the above case has been dropped.

I have no guess as to why this went awry. I can't imagine chancing professional credibility like that. What I did find surprising was the "judge's comment", that experts usually don't disagree....what? That happens all the time in any case about anything.

I must admit though, from the weird comments of the defendants, both appear to be just a little "warped" to have made statements that they did. And it takes police investigation and a prosecutor to go forward---on more than a CSI, I would think?

And then there is the opposite:

Michael Skakel wasn't brought to justice for decades for Martha Moxley's murder

3
Baffled
by on 12/06/2010 05:54am


I followed the Miami Cat Killer story with great interest, but wasn't aware of this development.

Is Dr. Merck completely incompetent or was there a self-promoting agenda?

The Miami Cat Killer story was all over the web. I wonder why this isn't?

4
by on 12/06/2010 08:32am

Yes- this teen was exonerated, and this needs to make headlines too- what a travesty! http://www.wsvn.com/news/articles/local/21002833080096/

5
Photo
by on 12/06/2010 09:40am

Dr. Cato came out of surgery this morning and was surprised to see his photo gracing your column. Brought a smile to his face! He wonders if you might write a column about how many animals have better healthcare coverage than their owners......I think vets should begin to offer human care as well :)

6
need both points
by on 12/06/2010 10:15am

I read the articles you refer to. There certainly is some strange goings on there. I have not kept up on the cases so I can't really comment on the cause.

My suggestion is that this article needs to define how very hard it is to gather evidence and how lax and puny animal cruelty charges are for animal abuse. I am not just talking the sensational abuse cases but the average run of the mill animal abuse cases and how they are normally handled.

I am willing to bet most readers would consider "minimal care" is cruel. I would also say that most viewing a pet living with minimal care would consider it animal abuse. However many horrible of these conditions that pets live in are quite legal

Some states consider a dog on a 6 foot leash left alone in the back yard with no shelter against ice and snow as acceptable minimal care.

Down in southern states animal control does not even exist or if it does they rarely even investigate complaints of cruelty against one pet.

There is a site called dogs deserve better which has some videos of rescuers at the locations where an animal are being abused. Listen to their phone calls to animal control and the police. See how many times the are ignored when they call.

While I think the videos are a bit graphic this is a common occurrence.

What we need is a revamp of animal cruelty laws by state and this would negate the need for one lone CSI investigator.

by on 12/06/2010 11:59am

here: you will see what I mean when i say there needs to be better support so cases are not handled by one guru.

http://www.youtube.com/watch?v=8FAYveQ2VYg

7
Abuse in the Courts
by on 12/06/2010 10:30am

This is happening all over our Country, Some will gave false statments knowingly or unknowingley....just to look to advance them-selfs. until you are on the other end ?? Thank-you Doctor Khuly, for turning on the Lights,We better start to know, the facts, before we judge others.

8
Add-on
by on 12/06/2010 10:50am

long-a-go, had young Lady, who live next to us, She had a Irish-Wolf Hound, the Police came,a some-so-call-Vet-asst. turn her in For not feeding her Pet-Kid if she did not have books an-other in-formation and money, she would have gone to jail. Yep this has been going on along time. By the way a lot of Kids do not have the kind of care her Pup had, kinda sick..... Huh

9
by on 12/06/2010 11:31am

long before these two incidents happened.. merck was involved in some shady business it involved the seizure of some "pit bulls".. she worked in tandem with the HSUS ( who else).. read it and weep for all of the "pit bulls" killed by people like this. I sincerely hope she is sued.. and fired and the ASPCA called on the carpet.. this has to STOP..

http://bluedogstate.blogspot.com/search?q=merck



10
Animal CSI
by on 12/06/2010 11:40am

I met Dr. Merck in the past as she ran a local cat clinic. Everyone spoke very highly of her and often travelled long distances so she could treat their cats. It's sad to think that someone so highly regarded could have screwed up so badly.

11
by on 12/06/2010 03:16pm

This is a video introduction to the history of the ASPCA and animal welfare in general in the US.

It may be inaccurate, but I do not know of any inaccuracies.

Anyone who finds Winograd rude should read up on Henry Bergh, founder of the ASPCA.

http://www.youtube.com/watch?v=yUY5vRj1Nns&feature=player_embedded

12
need more skepticism
by on 12/06/2010 06:24pm

In every area. Humans are attracted to the sensational and are too quick to believe the claims of people with a vested interest.

In Illinois people have been put on death row on claims that turned out to be bogus. So we have a pause on the death penalty. Should be done away with.

Our country invaded Iraq on claims that turned out to be bogus. Group think.

Right now people want to hang the guy who posted US cables on WikiLeaks saying they do harm. Maybe they do some good if in a democracy we know what is going on?

Many doctors are compromised in their opinions by close associations with drug makers and device makers. Really an incestuous relationship.

And in general we tend to castigate whistleblowers and attack their credibility...think Joe Wilson husband of Valerie Plame.

So this person made a name for herself trumping up evidence and claims of wrongdoing. This is what some people do. Thank heavens there are people who stand up for the truth.

13
original description
by on 12/06/2010 09:14pm

CUTLER BAY, Fla. -- At least nine cats have been mutilated and killed recently in a close-knit South Florida community, and pet owners fear what will happen next.

Residents said the mutilation of cats in the Whispering Pines neighborhood of Cutler Bay is the work of someone severely disturbed.

Watch: Video
Officially, nine cats have been violently killed, but neighbors said there are more. Some had their skulls crushed, others have been gutted, skinned or dismembered. The cats were not strays; their horrified owners found their bodies lying around the neighborhood.
___________

and back in May '09 , nobody could determine if the above descriptions were done by an animal or human? It ended up to be 19 cats, is it still happenening or did the unknown "animal assailant" ..."characteristic of animal bites, other forensics experts uniformly noted" move to another state?

Something still appears to not make sense in the: reporting, descriptions, police dept. , who knows

14
God complex
by on 12/06/2010 10:14pm

Oh, I can tell you what happened with this lady. Same thing I've seen happen to others. They start to believe the hype about themselves. Without getting too far into it, I had the same thing happen to a Doctor that treated me. He was fantastic. He had a reputation of being able to coordinate Chinese medicine and Western medicine to treat items often thought untreatable. And to be sure, he was fantastic. I went to him with a "live with it, deal, it will get worse" type of condition. He reversed my condition, and did the same with others.

As his reputation grew, so did his ego. The last time I went to him he told me of a patient that he had treated and shortly thereafter had suffered a fatal heart attack. He told me something like "I guess he simply couldn't handle the treatment." He was very heartless, kind of like he determined life or death for people. That was not the guy that I originally went to and was very happy with, but that's what he ended up being. That was the last time I went to him.

It applies to this Doctor. Sure, she was good, but she started to believe the headlines and figured people would believe everything she said based on reputation alone. hell, she probably never even did an examination. She's "God" and God should never be doubted. Sad.

15
Animal CSI goes wrong
by on 12/06/2010 10:20pm

I am speechless...

16
by on 12/09/2010 08:43pm

I'm glad to see everyone so eager to jump on the media witch hunt for Dr. Merck. Is this article based on any personnal knowledge or just very biased reporting from the Miami Herald?

Let's take it from the top. The fact that the judge is making desparaging comments about a witness before the trial even starts is inappropriate. He should exonorate himself because he obviously has an issue with Dr. Merck.

Next, why is the fact that reports were "ultimately refuted by at least four other forensics/pathology experts" so astonishing? They're experts for the defense. That's what they do. Why not ask how much they were paid to refute the reports.

"Owner exonerated" Well, according to one of the less biased articles in the Herald (http://articles.sun-sentinel.com/2010-12-02/news/fl-florida-veterinarian-20101201_1_animal-cruelty-charges-dog-abuse-defense-expert), there is a court date set for December 14th. If the defendant has been exonerated, then why the hell are my tax dollars paying for more court dates?

This same article states (in reference to the cat case), "Merck relied on information provided by Pizano, according to prosecutors." Not quite the same as "...based on her necropsy findings" stated here. Of course the Herald article also said there was only one defense expert refuting the findings of that case. Not nearly as dramatic as the "bevy of backup pathologists" reported here.

Is no one asking why the defense is playing their cards to the media? Could it possibly be that they are trying to detract from the atrocities of their client by turning the spotlight on the prosecutions most damning witness? Smarmy tactics by a defense attorney? Never!!

This case is being tried by the media. Hopefully, the media won't set free a sexual deviant. Talk about a God complex...the media rights articles to make money!!

Finally, I can't say strongly enough how disgusted I am by the author's eagerness to slander and judge a fellow professional. The inaccurate details and snarky comments lead me to believe there may be a little professional jealousy behind her words.

17
Facts, please
by on 12/12/2010 05:10pm

Having read Dr Khuly's account, I had to see what exactly Dr Merck had done to deserve so many disparaging adjectives. It turns out that the facts in this case - the only thing that should matter to someone trained as a scientist - are very hard to come by.

The fact that the man was charged and then exonerated is a reflection on the legal system and the way it works. It is not a reflection on Dr Merck's competence in her field.

Dr Merck acted on a very valid concern of animal abuse. She examined the dog whose "urine revealed a "sperm head'' that Merck believed could only have come from a human." Maybe it was, and maybe it wasn't from a human. She also described the dog as having a severe vaginitis. This was the extent of Dr Merck's direct involvement with the case.

The article continues to say that "Later testing revealed possible human DNA in the urine, but could not confirm it was from Pacher, or that it was sperm. Veterinarian Dr. Richard Wheeler of Colorado State University added that "there does not appear to be any indication that human sperm was positively identified." So again - maybe yes, maybe no. And what does "later" refer to? Does it mean that the dog was examined later? How much later? Or that the sample collected by Dr Merck was processed later? Because forensic evidence does have a way of being affected by "later."

More from the article: "Dr. Merck continually refers to a ‘severe vaginitis,' deliberately trying to exaggerate what was really seen," wrote Dr. Bruce Eilts, an animal reproduction expert at Louisiana State University." I truly envy Dr Eilts' apparent ability to see through someone's intentions. All this proves is that scientists are just as prone as anyone else to jump to conclusions based on their personal likes and dislikes. The only fact that can be gathered from this is that Dr Merck described what she saw as a severe vaginitis. Her intentions in doing this remain unclear :-) It's rather amusing to see a fellow veterinarian complain about her description. If the dog was examined by him "later," maybe that's why vaginitis was not as severe by then.

Can Dr Khuly or anyone else point me to a source of less vague and more precise facts about this case?



by on 12/13/2010 10:26am

The reason the details of this case (other than those released by the defense) are so slim at this time is because the case is on-going. The defendant hasn't been exonerated.

LEAVE COMMENTS

Connect with Facebook or login to leave comments.


About fully vetted

Patty Khuly, VMD, MBA

Photo of Dr Khuly

Dr. Khuly is a former petMD blogger and small animal veterinarian in Miami, Florida, where she practices medicine at Sunset Animal Clinic and serves on the board of the South Florida Veterinary Medical Association. She is a graduate of Wellesley College, the University of Pennsylvania School of Veterinary Medicine, and The Wharton School of Business.

As a significant sideline, she writes...a lot. She authors pet health columns for USA Today, The Miami Herald and Vetstreet. She also writes a popular monthly column for Veterinary Practice News and serves as regular contributor to Veterinary Economics, The Bark, and the Veterinary News Network.

Dr. Khuly lives in South Miami with her brood of hens, goats, dogs, cats...and humans.

Subscribe to Fully Vetted

Most Read Fully Vetted Articles

Check Your Pet Food Bags!
The recall of pet foods manufactured at a Diamond Pet Food plant in Gaston, S.C....
READ MORE
No Excuse for Skipping Rabies Vaccination
The Carlsbad, New Mexico area just suffered through one of the worst rabies outbreaks...
READ MORE
Any Dog Can Bite
May 20-26 is National Dog Bite Prevention Week. Being bitten is just one of the...
READ MORE
A New Link Between Pet and Human Health
A study appearing in the journal Emerging Infectious Diseases points to a new link...
READ MORE

Most Commented Articles

No Excuse for Skipping Rabies Vaccination
The Carlsbad, New Mexico area just suffered through one of the worst rabies outbreaks...
READ MORE
Does Horse Racing Deserve Your Support?
I breathed a big sigh of relief on the evening of Saturday, May 5. The 138th running...
READ MORE
Maggots: Thumbs Up or Down?
The weather is starting to heat up here in Colorado, which means that any day...
READ MORE
Palliative Care ≠ Murder
I talked yesterday about compassion fatigue, which often develops when caregivers...
READ MORE
 
MORE FROM PETMD.COM
©1999-2012 petMD, LLC. All Rights Reserved
x
Stay informed about your pet's health...and more!