The body was found in the morning after Scalia did not show up for breakfast. http://www.ksat.com/news/supreme-court-justice-antonin-scalia-79-dies
Presidio County Judge Guevara said she was shopping in the neighboring town of Alpine on Saturday afternoon when Presidio County Sheriff Danny Dominguez called her on her mobile phone after lunch. http://www.wfaa.com/news/local/texas-news/scalia-to-have-autopsy-in-texas-according-to-state-law/42898331
Guevara officially pronounced him dead at 1:52 p.m. on Saturday. http://www.wfaa.com/news/local/texas-news/scalia-to-have-autopsy-in-texas-according-to-state-law/42898331
Guevara said she planned to drive to the ranch - about 30 minutes south of Marfa - but returned when a Marshal told her by phone: "It's not necessary for you to come, judge. If you're asking for an autopsy, that's what we need to clarify." http://www.wfaa.com/news/local/texas-news/scalia-to-have-autopsy-in-texas-according-to-state-law/42898331
It's aprx 64 miles from Alpine to Cibolo Creek Ranch, all but the last aprx 4.5 miles of which is via US highway.
The body arrived at El Paso at 2:30 AM. http://www.msn.com/en-us/news/us/body-of-supreme-court-justice-antonin-scalia-arrives-in-el-paso-awaits-flight-to-dc/ar-BBpufxo
After arriving at 3:30 a.m. on Sunday, the Sunset Funeral Home embalmed Scalia's remains, according to Chris Lujuan, a funeral home manager. http://www.wfaa.com/news/local/texas-news/scalia-to-have-autopsy-in-texas-according-to-state-law/42898331
The trip to El Paso took three hours http://woodtv.com/2016/02/14/scalias-body-at-funeral-home-after-3-hour-procession/
Which indicates a departure time of either 11:30 PM or 12:30 AM
Comments and Questions:
Let's say breakfast was at 8:30 AM. By perhaps 10:00 people went to find him (I have not seen any report listing the time of discovery).
There were at least 10-12 hours between discovery and transport.
During those hours the County Judge did not see the body and, without an autopsy to determine the cause of death of the found body, literally phones it in that the cause of death is "natural".
How did the judge determine whether or not an autopsy was necessary to determine or confirm the nature and cause of death? The judge did not see the body, how could she make such a determination? Apparently she relied on statements from LEO who arrived on scene after the death. Did LEO determine the cause of death?
The justice's personal doctor called her at 8 p.m. Saturday night. http://www.11alive.com/story/news/nation-now/2016/02/14/official-scalia-died-heart-attack/80376442/ Guevara officially pronounced him dead at 1:52 p.m. on Saturday. [] Hours earlier, the county judge told WFAA that myocardial infarction - or a heart attack - would likely be the cause of death listed. Guevara later said she would confer with the Justice's personal physician on what specifically to show as the cause of death. http://www.wfaa.com/news/local/texas-news/scalia-to-have-autopsy-in-texas-according-to-state-law/42898331
How could the Judge without seeing the body, without an autopsy to determine the cause of the unobserved death, without even speaking with the decedent's personal physician, declare the cause of death "natural"?
Allowing 2 hours to travel from Alpine to the Ranch is generous. The Judge easily had 8-10 hours to visit the Ranch but did not. Why?
Why did a Marshall tell the Judge not to come?
Were procedures properly followed?
For convience of reference and discussion below are portions of the Texas Code of Criminal Procedure. (source: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.49.htm )
CHAPTER 49. INQUESTS UPON DEAD BODIES
Art. 49.01. DEFINITIONS. In this article:
(1) "Autopsy" means a post mortem examination of the body of a person, including X-rays and an examination of the internal organs and structures after dissection, to determine the cause of death or the nature of any pathological changes that may have contributed to the death.
(2) "Inquest" means an investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission.
Art. 49.03. POWERS AND DUTIES. The powers granted and duties imposed on a justice of the peace under this article are independent of the powers and duties of a law enforcement agency investigating a death.
Art. 49.04. DEATHS REQUIRING AN INQUEST.
(a) A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice if: (2) the person dies an unnatural death from a cause other than a legal execution; (3) the body or a body part of a person is found, the cause or circumstances of death are unknown, and: (B) the person is unidentified; (5) the person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide; (6) the person dies without having been attended by a physician; (7) the person dies while attended by a physician who is unable to certify the cause of death and who requests the justice of the peace to conduct an inquest; or (8) the person is a child younger than six years of age and an inquest is required by Chapter 264, Family Code. (1) the person dies in prison under circumstances other than those described by Section 501.055(b), Government Code, or in jail;
(b) Except as provided by Subsection (c) of this section, a physician who attends the death of a person and who is unable to certify the cause of death shall report the death to the justice of the peace of the precinct where the death occurred and request that the justice conduct an inquest. (A) the person is identified; or
(4) the circumstances of the death indicate that the death may have been caused by unlawful means;
Art. 49.05. TIME AND PLACE OF INQUEST; REMOVAL OF PROPERTY AND BODY FROM PLACE OF DEATH.
(a) A justice of the peace shall conduct an inquest immediately or as soon as practicable after the justice receives notification of the death.
(b) A justice of the peace may conduct an inquest: (2) where the body was found; or (3) at any other place determined to be reasonable by the justice. (1) at the place where the death occurred;
(c) A justice of the peace may direct the removal of a body from the scene of death or move any part of the physical surroundings of a body only after a law enforcement agency is notified of the death and a peace officer has conducted an investigation or, if a law enforcement agency has not begun an investigation, a reasonable time has elapsed from the time the law enforcement agency was notified.
(d) A law enforcement agency that is notified of a death requiring an inquest under Article 49.04 of this code shall begin its investigation immediately or as soon as practicable after the law enforcement agency receives notification of the death.
(e) Except in emergency circumstances, a peace officer or other person conducting a death investigation for a law enforcement agency may not move the body or any part of the physical surroundings of the place of death without authorization from a justice of the peace.
(f) A person not authorized by law to move the body of a decedent or any part of the physical surroundings of the body commits an offense if the person tampers with a body that is subject to an inquest under Article 49.04 of this code or any part of the physical surroundings of the body. An offense under this section is punishable by a fine in an amount not to exceed $500.
Art. 49.07. NOTIFICATION OF INVESTIGATING OFFICIAL.
(a) A physician or other person who has possession of a body or body part of a person whose death requires an inquest under Article 49.04 of this code shall immediately notify the justice of the peace who serves the precinct in which the body or body part was found.
(b) A peace officer who has been notified of the death of a person whose death requires an inquest under Article 49.04 of this code shall immediately notify the justice of the peace who serves the precinct in which the body or body part was found.
(c) (2) If no justice of the peace serving the county in which the body or body part was found is available to conduct an inquest, a person required to give notice under this article shall notify the county judge, and the county judge shall initiate the inquest. The county judge may exercise any power and perform any duty otherwise granted to or imposed under this subchapter on the justice of the peace serving the county in which the body or body part was found, except that not later than the fifth day after the day on which the inquest is initiated, the county judge shall transfer all information obtained by the judge to the justice of the peace in whose precinct the body or body part was found for final disposition of the matter. (1) If the justice of the peace who serves the precinct in which the body or body part was found is not available to conduct an inquest, a person required to give notice under this article shall notify the nearest available justice of the peace serving the county in which the body or body part was found, and that justice of the peace shall conduct the inquest.
Art. 49.08. INFORMATION LEADING TO AN INQUEST. A justice of the peace conducting an inquest may act on information the justice receives from any credible person or on facts within his knowledge.
Art. 49.10. AUTOPSIES AND TESTS.
(a) At his discretion, a justice of the peace may obtain the opinion of a county health officer or a physician concerning the necessity of obtaining an autopsy in order to determine or confirm the nature and cause of a death.
(b) The commissioners court of the county shall pay a reasonable fee for a consultation obtained by a justice of the peace under Subsection (a) of this article.
(c) Except as required by Section 264.514, Family Code, for each body that is the subject of an inquest by a justice of the peace, the justice, in the justice's discretion, shall: (2) certify that no autopsy is necessary. (2) the deceased was a child younger than six years of age and the death is determined under Section 264.514, Family Code, to be unexpected or the result of abuse or neglect; or (3) directed to do so by the district attorney, criminal district attorney, or, if there is no district or criminal district attorney, the county attorney. (1) direct a physician to perform an autopsy; or
(e) A justice of the peace shall order an autopsy performed on a body if: (1) the justice determines that an autopsy is necessary to determine or confirm the nature and cause of death;
(f) A justice of the peace shall request a physician to perform the autopsy.
(i) If a justice of the peace determines that a complete autopsy is unnecessary to confirm or determine the cause of death, the justice may order a physician to take or remove from a body a sample of body fluids, tissues, or organs in order to determine the nature and cause of death. Except as provided by Subsection (j) of this article, a justice may not order any person other than a physician to take samples from the body of a deceased person.
(j) A justice of the peace may order a physician, qualified technician, paramedic, chemist, registered professional nurse, or licensed vocational nurse to take a specimen of blood from the body of a person who died as the result of a motor vehicle accident if the justice determines that circumstances indicate that the person may have been driving while intoxicated.
(k) A justice of the peace may order an investigative or laboratory test to determine the identity of a deceased person. After proper removal of a sample from a body, a justice may order any person specially trained in identification work to complete any tests necessary to determine the identity of the deceased person.
(n) On discovering the body or body part of a deceased person in the circumstances described by Article 49.04(a)(3)(B), the justice of the peace may request the aid of a forensic anthropologist in the examination of the body or body part. The forensic anthropologist must hold a doctoral degree in anthropology with an emphasis in physical anthropology. The forensic anthropologist shall attempt to establish whether the body or body part is of a human or animal, whether evidence of childbirth, injury, or disease exists, and the sex, race, age, stature, and physical anomalies of the body or body part. The forensic anthropologist may also attempt to establish the cause, manner, and time of death.
Art. 49.11. CHEMICAL ANALYSIS.
(a) A justice of the peace may obtain a chemical analysis of a sample taken from a body in order to determine whether death was caused, in whole or in part, by the ingestion, injection, or introduction into the body of a poison or other chemical substance. A justice may obtain a chemical analysis under this article from a chemist, toxicologist, pathologist, or other medical expert.
(b) A justice of the peace shall obtain a chemical analysis under Subsection (a) of this article if requested to do so by the physician who performed an autopsy on the body.
(c) The commissioners court shall pay a reasonable fee to a person who conducts a chemical analysis at the request of a justice of the peace.
Art. 49.15. INQUEST RECORD.
(a) A justice of the peace or other person authorized under this subchapter to conduct an inquest shall make an inquest record for each inquest he conducts. The inquest record must include a report of the events, proceedings, findings, and conclusions of the inquest. The record must also include any autopsy prepared in the case and all other papers of the case. All papers of the inquest record must be marked with the case number and be clearly indexed and be maintained in the office of the justice of the peace and be made available to the appropriate officials upon request.
(b) As part of the inquest record, the justice of the peace shall make and keep complete and permanent records of all inquest hearings. The inquest hearing records must include: (2) the time, date, and place where the body was found; (3) the time, date, and place where the inquest was held; (4) the name of every witness who testified at the inquest; (5) the name of every person who provided to the justice information pertinent to the inquest; (6) the amount of bail set for each witness and person charged in the death; (7) a transcript of the testimony given by each witness at the inquest hearing; (8) the autopsy report, if an autopsy was performed; and (9) the name of every person arrested as a suspect in the death who appeared at the inquest and the details of that person's arrest. (1) the name of the deceased person or, if the person is unidentified, a description of the body;
(d) The justice of the peace shall certify a copy of the inquest summary report and deliver the certified copy in a sealed envelope to the clerk of the district court. The clerk of the district court shall retain the summary report subject to an order by the district court.
Art. 49.16. ORDERS AND DEATH CERTIFICATES. The justice of the peace or other person who conducts an inquest under this subchapter shall sign the death certificate and all orders made as a necessary part of the inquest.
Art. 49.17. EVIDENCE. A justice of the peace shall preserve all tangible evidence that the justice accumulates in the course of an inquest that tends to show the real cause of death or identify the person who caused the death. The justice shall:
(1) deposit the evidence with the appropriate law enforcement agency to be stored in the agency's property room for safekeeping; or
(2) deliver the evidence to the district clerk for safekeeping subject to the order of the court.
Below are forms used by Texas (circa 2011, forms may have been modified since then)
Texas Report of Death
Texas Certificate Of Death (2 pages)
