Hinds County Chancellor Dewayne Thomas ruled Bul Mabil can obtain an independent autopsy but placed a few conditions on the autopsy. Judge Thomas held:
Based upon the foregoing, this Court finds that Karissa Bowley, as the surviving spouse of Dau Mabil, has willingly consented to an independent autopsy of the bodily remains of Dau Mabil to be conducted at the direction and expense of Bul Garang Mabil. The independent autopsy shall be conducted at the conclusion of the investigation by the Mississippi Department of Public Safety and shall not delay, impair, impede, or otherwise interfere with any law enforcement investigation related to the death of Dau Mabil, including but not limited to the investigation of MOPS, the Capitol Police, and/or the Mississippi State Medical Examiner. The Mississippi Department of Public Safety shall notify Karissa Bowley and Bul Garang Mabil upon the conclusion of the investigation and the availability of the bodily remains for independent autopsy. The MOPS shall retain custody of the bodily remains of Dau Mabil for thirty (30) days after such notification is complete to allow for the independent autopsy to be conducted. The independent autopsy shall be conducted only by a pathologist who is at least as qualified as is generally required of pathologists conducting autopsies for the State of Mississippi; the pathologist must be an M.D. or D.O. who is certified in anatomic pathology by the American Board of Pathology and must be competent to meet the qualifications as set forth in Mississippi Code Annotated §41-61-65. All costs of the independent autopsy shall be born by Bul Garang Mabil. Finally, the Court finds that Karissa Bowley, as the surviving spouse of Dau Mabil, has willingly consented to the release of the results of the autopsy of the remain of Dau Mabil; she has further consented to file the same in this matter upon the conclusion of the MOPS investigation. Upon filing of the same on MEC, Karissa Bowley shall notify this Court so that this matter may be closed.
Judge Thomas also dismissed Bul Mabil as plaintiff and substituted Karissa Bowley, Dau's widow, in his place.
8 comments:
Chancellor making up the rules as he goes along.
This should have been dismissed for no actionable case/controversy once the brother was dismissed.
Future Netflix Docuseries.
The Judge's effort to satisfy everybody and at least follow the spirit of the law. Nice try Judge, but this ain't over.
The wife can still change her mind, then what?
So what was the big fight about?
Apparently, the DPS has the ball for the first autopsy and any investigation follow up. The successor autopsies will just be a mostly empty body cavity with several previously removed organs.
I don't understand why the proceeding was made into a full-blown trial, with presenting of text messages into the record. Honestly both parties wanted an autopsy, so I dont understand why such legal drama. They should've just agreed on record to the autopsy and called it there. Also the attorney not noticing the other party and misleading the court, how were there not sanctions?
I agree, 7:58 AM.
I am also curious where the independent autopsy will be done. Here in MS or in state where brother lives.
9:39 AM, my understanding is that the brother lives in Texas. If the autopsy is done in Texas, there definitely will be another can of worms opened up because of the body being outside the jurisdiction.
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