The State of Ohio requests that the coroner be granted more time to submit her report, which will include autopsy protocol, pathology, injuries to the deceased, cause of death, and manner of death. The State explains that the report cannot be completed by the deadline imposed by the court and requests an extension of nearly a month

Mason, William D.

English

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1995-2002 Court Filings 2000 Trial
12-23-1999
Motion for Extension of Time to Submit Coroner's
Expert Report(s)
William D. Mason
Cuyahoga County Prosecutor
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Recommended Citation
Mason, William D., "Motion for Extension of Time to Submit Coroner's Expert Report(s)" (1999). 1995-2002 Court Filings. 70.
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! . .. I 
IN THE COURT OF COMMON PLEAS 
CUYAHOGA COUNTY, OHIO 
ALAN DAVIS, EXECUTOR, ET. AL., 
Plaintiff 
v 
STA TE OF OHIO, 
Defendant 
CASE NO. 312322 
JUDGE RONALD SUSTER 
MOTION FOR EXTENSION OF 
TIME TO SUBMIT CORONER'S 
EXPERT REPORT(S) 
Defendant, State of Ohio, by and through counsel, William D. Mason, Prosecuting 
Attorney for Cuyahoga County, and Marilyn B. Cassidy, Assistant Prosecutor, moves this 
honorable court for an extension of time in which to submit the expert report of the Cuyahoga 
County Coroner. The grounds in support of this motion are set forth in the attached 
memorandum and affidavit, which are attached hereto and expressly incorporated herein by 
reference. 
1 
Respectfully Submitted, 
WILLIAM D. MASON, PROSECUTING 
AlTORNEY,CUYAHOGACOUNTY 
William D. Mason 
Prosecuting Attorney 
1200 Ontario Street 
Cleveland, Ohio 44113 
(216) 443-7800 
-MEMORANDUM IN SUPPORT 
The Cuyahoga County Coroner, Elizabeth Balraj, M.D., appears on the list of expert 
witnesses submitted by both plaintiff and defendant in this case. The Coroner, as an independent 
elected county official and medical expert, can provide the trier of fact with valuable information 
in the following areas: autopsy protocol, pathology, injuries to the deceased, cause of death, manner 
of death. In addition, her staff members including Linda Luke, James Wetzel, Dr. Robinson, and 
Dr. Lovejoy, can provide similar specialized information to the court by drawing upon the 
discipline unique to each (DNA analysis, odontology, anthropology, imaging and crime scene 
analysis). 
The Cuyahoga County Prosecutor learned from Dr. Balraj that her report, and those from her 
staff would be ready for submission to the court and to the parties on December 23, 1999. However, 
on December 22, 1999, Dr. Balraj communicated to the prosecutor that the reports cannot be ready 
until January 14, 2000. The reason for the delay is that the Coroner and her staff have not 
completed the analysis and written report. 
Cuyahoga County Court of Common Pleas Loe. R. 21.1 provides in pertinent part, that for 
good cause shown, the court may grant the parties additional time in which to submit reports. 
The State of Ohio submits that the testimony of Dr. Balraj and her staff is material to the case and 
that neither party has control over the demands of day to day business of the Coroner's Staff. 
2 
Inasmuch as the information to be provided by the coroner is independent in nature and is 
extremely important to both parties in this case, the State of Ohio respectfully requests that the 
Coroner be granted an extension, until January 14, 2000. 
Respectfully Submitted, 
William D. Mason 
Cuyahoga County Prosecutor 
-
3 
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COUNTY OF CUYAHOGA 
STATE OF OHIO 
AFFIDAVIT OF WILLIAM D. MASON, 
CUYAHOGA COUNTY PROSECUTOR 
WILLIAM D. MASON, being first duly sworn, states that he is of sound mind, competent to 
testify, and has personal knowledge of the facts contained herein: 
1. Affiant represents the State of Ohio in the within action, captioned, Alan Davis, Executor of 
the Estate of Samuel Sheppard v. State of Ohio, being Cuyahoga County Court of Common Pleas 
Case No. 312322; 
2. The court has issued a case management order setting dates for submission by the parties of 
their expert reports. All supplemental reports are required to be submitted by December 31, 
1999. 
3. Both parties have listed the Cuyahoga County Coroner, Dr. Elizabeth Balraj, as an expert in 
this case. 
4. Dr. Balraj had originally stated that her report(s) would be prepared and ready for submission 
as of today, December 23, 1999. 
5. Affiant learned on the evening of December 22, 1999 that the Coroner will be unable to have 
her reports ready until January 14, 2000. 
AFFIANT FURTHER SA YETH NAUGHT 
William D. Mason 
Cuyahoga County Prosecutor 
SWORN TO AND SUBSCRIBED IN MY PRESENCE, this~ day of December, 1999. 
Notary Public 
My Commission Expires October 18, 2003 
4 
--
CERTIFICATE OF SERVICE 
A copy of the foregoing Motion for Extension of Time was served this 23 day of December, 1999 
on Terry Gilbert, 1370 Ontario Street, Cleveland, Ohio, hand delivered. 
5 
Respectfully Submitted, 
~I 
Marilyn C idy 
Assistant Prosecutor 


Motion for Extension of Time to Submit Coroner\u27s Expert Report(s)

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Motion for Extension of Time to Submit Coroner\u27s Expert Report(s)

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