53.
The Forensic Medicine team's radiology department determined "that there was no
radiological evidence of osteoarticular alteration or of metallic density factors typical of a bullet."67
54.
For its part, on April 17, 1996, the toxicological and forensic chemistry laboratory stated that
it has found "ETHYL ALCOHOL IN THE BLOOD... 2.8 grams/liter, COCAINE (sic) IN BLOOD .....5.16
micrograms/milliliter, COCAINE (sic) IN THE NOSTRIL (hipoxado nasal)... Positive.”68
55.
The anatomical-pathological report, based on examination of skin fragments from the right
and middle lumbar region, brain, heart, lung fragment, liver and kidneys found:
Pulmonary congestion and bleeding. Food intake (aspiración alimenticia). Birefringent
crystals polarizing light in airways (bronchi) and air sacs (alveoli).
Subcutaneous bleeding in the lumbar region
Renal passive congestion. Medullary fibroid.
Congestion and diffuse brain edema.69
56.
In his autopsy report of April 22, 1996, Dr. José Ángel Patito concluded that "death was caused
by the combined action of ethyl alcohol and cocaine, because taken into the body together they unite forming
the so-called ethyl cocaine or coca ethylene compound [...] it may therefore be concluded that the death of JOSE
DELFIN ACOSTA was due to severe intoxication with cocaine and ethyl alcohol."70
57.
The bodily remains of Mr. José Delfín Acosta were repatriated to Uruguay, where proceedings
were initiated and a second autopsy was ordered. The Forensic Technical Institute of Uruguay determined that
based on the toxicological study data obtained in the autopsy performed in Argentina, " the levels of alcohol
and cocaine in the deceased's blood were sufficiently high to be able to estimate that at the moment of death
they were much higher," because " the average life span of cocaine is 0.7 to 1.5 hours (40 to 90 minutes in a live
person)."71 Based on that analysis, it was determined that "the longer it takes for the test to be carried out, the
higher the dose that must have been required to yield 5.16 micrograms per milliliter, [...] that means that [...]
he must have been in a state of coma at the time of his arrest, based on the fact that alcohol and cocaine are
mutually reinforcing."72
58.
As will be noted in the section on internal proceedings, based on the findings of the autopsy
performed in Uruguay, family members asked the investigating judge in Argentina to reopen the case.73 He did
so and ordered that a Medical Board be formed.74 The plaintiffs designated Dr. Hugo Ricardo Nandin as the
physician representing them.75
59.
On June 26, 1998, the Medical Board submitted its report, replying to the appraisal items
requested, which included some issues raised by the plaintiffs. The report states that it took into account all the
expert tests and appraisals conducted in the case, "as well as the findings of the autopsy performed in Uruguay."
Worth noting in the Board's responses is the following:
Appendix 32. Judicial forensic medical radiological department of the Federal Capital, autopsy No. 673, radiological report (X-ray No.
429-432) of April 15, 1996. Attached to the initial petition.
68 Appendix 33. Toxicology and forensic chemistry lab, April 17, 1996. Attached to the initial petition.
69 Appendix 34. Anatomical-pathological Report No. 17256 on Jose D. Acosta. Autopsy No. 0673/96 of April 19, 1996. Attached to the initial
petition.
70 Appendix 30. Autopsy Report No. 673/96 (P. No. 11877.96) of April 22, 1996. Attached to the initial petition.
71 Appendix 35. 13th Criminal Court of First Instance, Forensic Board, Montevideo, November 15, 1996. Attached to the initial petition.
72 Appendix 35. 13th Criminal Court of First Instance, Forensic Board, Montevideo, November 15, 1996. Attached to the initial petition.
73 Appendix 36. Request to reopen the case, undated. Attached to the initial petition.
74 Appendix 37. Court of First Instance No. 10, Official Letter 7042 of May 18, 1998. Attached to the initial petition.
75 Appendix 38. Appointment of expert/ Proposed items for the report - proposal for testimony of May 22, 1998. Attached to the initial
petition.
67