Nicholas T. Forbes Retiring-- 27 June 2002

>> Elissa Marra: JUST AHEAD ON "NEED TO KNOW," A KEY PLAYER IN CRIME SCENES CALLS IT QUITS AFTER A DISTINGUISHED CAREER. MEDICAL EXAMINER NICHOLAS FORBES IS RETIRING. WE'LL TALK ABOUT HIS MOST FAMOUS CASES AND A CAREER THAT HAS LASTED TWO DECADES. ALSO, THE REDISTRICTING PLAN THAT PITS LAWMAKER AGAINST LAWMAKER CAUSES ONE CONGRESSMAN TO PULL OUT. WE'LL TALK ABOUT IT. ELLEN ROSEN IS HERE FOR THIS WEEK'S BUSINESS NEWS AND A GROUP OF WOMEN WHO LOVE TO MAKE PEOPLE LAUGH: IT'S ALL AHEAD ON "NEED TO KNOW."

>> Kenneth Hyland, Monroe County Assistant District Attorney: IT IS AN IMPORTANT ROLE THEY PLAY BECAUSE THEY HAVE TO DETERMINE THE CAUSE OF DEATH AND SOMETIMES THEY DO PROVIDE CRUCIAL TESTIMONY FOR US IN PROVING A HOMICIDE.

>> THIS IS "NEED TO KNOW," THE ROCHESTER AREA'S ONLY IN-DEPTH NEWS PROGRAM. "NEED TO KNOW" IS A PRODUCTION OF WXXI NEWS AND PUBLIC AFFAIRS, COVERING ISSUES, POLITICS, EDUCATION AND CURRENT EVENTS.

>> "NEED TO KNOW" IS MADE POSSIBLE BY THE DAISY MARQUIS JONES FOUNDATION, BY DORSCHEL LEXUS, AND THROUGH THE SUPPORT OF VIEWERS LIKE YOU.

>> Elissa Marra: THANK YOU FOR JOINING US. I'M ELISSA MARRA. GARY WALKER HAS THE NIGHT OFF. TONIGHT WE'RE GOING TO BE PROFILING AN IMPORTANT PUBLIC SERVANT. IN A FEW MINUTES WE'LL HEAR FROM MONROE COUNTY MEDICAL EXAMINER NICHOLAS FORBES, WHO IS RETIRING. BUT ANOTHER IMPORTANT PUBLIC FIGURE IS ALSO STEPPING DOWN AND MAKING HEADLINES WITH THAT DECISION. IT IS JOHN LaFALCE, DEMOCRAT CONGRESSMAN FROM WESTERN NEW YORK, WHO WAS ABOUT TO FIND HIMSELF IN A PRIMARY FOR THE NEW 28th CONGRESSIONAL DISTRICT. FOLLOWING THIS STORY CLOSELY IS WXXI AM'S BOB SMITH, HOST OF 1370 CONNECTION AND TAKER OF MANY PHONE CALLS ON THIS TOPIC. BOB, NOW THE CONGRESSMAN DIDN'T SAY EXACTLY THAT IT WAS THE REDISTRICTING PLAN THAT IS CAUSING HIM TO RETIRE ACTUALLY, NOT RUN AGAIN, BUT WHAT DO YOU THINK IS GOING ON? WHY IS HE DOING THIS?

>> Bob Smith: GOOD QUESTION. HE HAD SAID THAT HE DIDN'T LIKE BEING IN THE POSITION OF HAVING TO RUN AGAINST A RESPECTED COLLEAGUE. HE WASN'T COMFORTABLE WITH THE PROSPECT OF A PRIMARY AGAINST LOUISE SLAUGHTER OF ROCHESTER, AND HE WOULD HAVE BEEN FORCED INTO SUCH A PRIMARY AS A RESULT OF THE REDISTRICTING PLAN THAT THE STATE LEGISLATURE FINALLY APPROVED, WHICH HAS ITS OWN UNRESOLVED PROBLEMS IN OTHER AREAS, WHICH WE CAN TALK ABOUT LATER IF THERE'S TIME. BUT HE DID NOT GET MUCH MORE SPECIFIC THAN THAT, OTHER THAN TO SAY HE HAD OTHER THINGS HE WANTED TO DO. AND THIS WAS SOMEWHAT UNEXPECTED. HE'S NOT BY ANY MEANS OLD BY CONGRESSIONAL STANDARDS. HE'S ONLY 62 AND, ALTHOUGH HE HAS 28 YEARS OF SENIORITY, HAD THE DEMOCRATS TAKEN THE HOUSE THIS TIME AROUND, WHICH THE LATEST GALLUP POLL INDICATES THEY MIGHT VERY WELL DO, HE WOULD HAVE BECOME CHAIRMAN OF THE FINANCE AND BANKING COMMITTEE IN THE NEXT CONGRESS. LOUISE SLAUGHTER IS ALSO A VERY POWERFUL MEMBER OF CONGRESS, A SENIOR AND RISING MEMBER OF THE RULES COMMITTEE, BUT SHE DOESN'T HAVE QUITE AS MUCH SENIORITY. SHE'S ONLY BEEN IN THE HOUSE 16 YEARS AS OPPOSED TO Mr. LaFALCE'S 28.

>> Elissa Marra: AND THERE IS SOME TALK NOW THAT SOME DEMOCRATS FROM THE BUFFALO AREA, ERIE COUNTY, MIGHT STEP UP TO PRIMARY HER ANYWAY.

>> Bob Smith: RIGHT. THERE IS A STATE SENATOR, RELATIVELY RECENT ARRIVAL ON THE POLITICAL SCENE, Mr. BROWN, WHO IS CERTAINLY NOT WELL KNOWN AT ALL IN THE ROCHESTER METROPOLITAN AREA AND IS NOT ONE OF THE MOST WELL-KNOWN POLITICIANS EVEN IN THE BUFFALO/NIAGARA FALLS AREA, SO IT MAY BE A BIT OF AN UPHILL BATTLE. HE MAY BE JUST LOOKING TO HAVE HIS NAME TALKED ABOUT TO GET GREATER RECOGNITION FOR FUTURE PLANS.

>> Elissa Marra: AND NOT REALLY TOO MUCH IN THE WAY OF REPUBLICANS COMING FORWARD JUST YET FOR THE NOVEMBER ELECTION, RIGHT?

>> Bob Smith: THAT'S A GOOD QUESTION. THERE IS NO CERTAIN REPUBLICAN CHALLENGER EMERGING FROM EITHER END OF THE DISTRICT. IT'S A VERY BIPOLAR DISTRICT: CITY OF BUFFALO, CITY OF ROCHESTER, CONNECTED BY A SMALL STRIP OF LAND. SOME HAVE LIKENED IT TO A MELTED BARBELL, SOME TO AN EARPHONE. BUT IT REALLY HAS NOT BROUGHT FORWARD A REPUBLICAN CHALLENGER, AN IDENTIFIABLE REPUBLICAN CHALLENGER YET, AND IT'S ANYBODY'S GUESS WHO THAT PERSON ULTIMATELY WILL BE, ALTHOUGH CERTAINLY THERE WILL BE SOMEBODY ON THAT LINE.

>> Elissa Marra: THE PLAN ITSELF WHICH CREATED THIS DISTRICT HAS CLEARED SOME HURDLES, THOUGH, RIGHT? BUT YOU THINK THAT THERE'S STILL SOME PROBLEMS ON THE HORIZON? MAYBE YOU COULD EXPLAIN YOUR VIEWS ON THAT.

>> Bob Smith: WE'RE STILL TRYING TO FIND OUT WHETHER OR NOT THE STATE LEGISLATURE IS ABOUT TO REPAIR WHAT MAY BE A SIGNIFICANT FLAW, POSSIBLY EVEN A KILLER FLAW IF IT'S TAKEN TO COURT, AND THAT IS WHAT HAPPENED TO THE TOWN OF BRIGHTON IN THE MIDDLE OF ALL OF THIS: AREAS OF BRIGHTON THAT WOULD HAVE TWO MEMBERS OF CONGRESS WITH THE WAY THE MAP WAS DRAWN; AREAS OF BRIGHTON, ABOUT A THIRD TO A HALF OF THE TOWN, THAT CURRENTLY HAS NO MEMBER OF CONGRESS AT ALL. THAT HAS TO BE FIXED. I CHECKED WITH SOME STATE LEGISLATORS YESTERDAY. THEY WERE NOT AWARE OF IT ACTUALLY HAVING BEEN FIXED YET AND A FINAL DEAL DONE. THE STATE LEGISLATURE HAS TO SIGN OFF ON IT; SO DOES THE GOVERNOR TO MAKE THAT NECESSARY CHANGE OR ELSE ANYBODY WHO WANTS TO COULD GO TO COURT AND BLOCK THE WHOLE THING.

>> Elissa Marra: OKAY. AND WE'LL BE FOLLOWING THE STORY -- VERY, VERY INTERESTING AS IT TURNED OUT THIS YEAR -- UNRAVELING. BOB, THANK YOU FOR JOINING US. NOW BE SURE TO LISTEN TO WXXI AM 1370 OR LOG ON TO wxxi.org FOR THE LATEST DEVELOPMENTS ON REDISTRICTING AND OTHER STORIES. NOW WE ARE GOING TO DEPART SLIGHTLY FROM POLITICS TO DISCUSS A MAN WHO SOME LOCAL OFFICIALS DESCRIBE AS NATIONALLY KNOWN -- HE IS -- AND A CONSUMMATE PROFESSIONAL. Dr. NICHOLAS FORBES IS RETIRING AS MONROE COUNTY'S CHIEF MEDICAL EXAMINER. HE'S BEEN THE MEDICAL EXAMINER HERE SINCE THE 1970s. SO WHAT'S HE BEEN DOING FOR THE PAST 20 YEARS OR SO? ACCORDING TO THE NATIONAL ASSOCIATION OF MEDICAL EXAMINERS, THE M.E. IS CHARGED WITH INVESTIGATION AND EXAMINATION OF PEOPLE WHO DIE A SUDDEN, UNEXPECTED, OR VIOLENT DEATH. THE M.E. OFTEN VISITS THE CRIME SCENE, CONDUCTS AUTOPSIES OF COURSE AND EXAMINES MEDICAL HISTORY, LAB REPORTS AND EVIDENCE TO MAKE A REPORT, USUALLY TO THE DISTRICT ATTORNEY. IN MONROE COUNTY, THE MEDICAL EXAMINER IS APPOINTED AND OFTEN ASSISTS WITH UNATTENDED DEATHS IN OTHER COUNTIES BESIDES MONROE. NICHOLAS FORBES IS WELL KNOWN THROUGHOUT THE REGION AND AROUND THIS COUNTRY. HIS LONG HISTORY AS CHIEF MEDICAL EXAMINER OF MONROE COUNTY HAS MADE HIM A QUIET BUT IMPORTANT FIGURE IN SOME OF THE BIGGEST CRIMES OF THE PAST 20 YEARS. "NEED TO KNOW's" MATT CUMMINGS TALKED WITH SOME OF Dr. FORBES' COLLEAGUES.

>> Matt Cummings: LIKE OTHER PROSECUTORS FROM THE MONROE COUNTY DISTRICT ATTORNEY'S OFFICE, KEN HYLAND UNDERSTANDS THE VALUE OF MEDICAL EXAMINERS' WORK. WHEN IN A COURTROOM PUSHING FOR A CONVICTION, HYLAND SAYS THE MEDICAL EXAMINER'S TESTIMONY IS CRUCIAL.

>> WELL, LET'S PUT IT THIS WAY: IT IS ABSOLUTELY NECESSARY. YOU HAVE TO SHOW THAT IT WAS A HOMICIDE, THAT THE DEFENDANT CAUSED THE DEATH OF THE DECEASED. AND YOU GENERALLY DO THAT THROUGH THE TESTIMONY OF THE MEDICAL EXAMINER. SO YOU HAVE TO ELIMINATE ALL THOSE OTHER POSSIBILITIES: NATURAL CAUSES, SUICIDE. SO WITHOUT THEIR TESTIMONY, IN ALL LIKELIHOOD, THE CASE WOULDN'T EVEN GET TO THE JURY. THE JUDGE WOULD DISMISS YOUR CASE BECAUSE YOU WERE UNABLE TO SHOW THAT IT WAS A HOMICIDE.

>> Matt Cummings: MAKING THEIR CASE REQUIRES GATHERING AND EXAMINING ALL FORENSIC EVIDENCE OF A POTENTIAL MURDER VICTIM. ACCORDING TO HYLAND, THERE IS NO ONE BETTER AT IT THAN Dr. NICHOLAS FORBES, CHIEF MEDICAL EXAMINER FOR MONROE COUNTY FOR THE PAST 23 YEARS.

>> HE'S A VERY HIGHLY EDUCATED MAN, EXTREMELY EXPERIENCED IN HIS FIELD, WELL RESPECTED NATIONWIDE. HE HAS A GREAT DEAL OF INTEGRITY IN THE SENSE THAT HE WON'T SHADE HIS TESTIMONY ONE WAY OR THE OTHER. HE DOESN'T SHADE IT TO FAVOR THE PROSECUTION, AND HE DOESN'T SHADE IT TO FAVOR THE DEFENSE. AS HOWARD COSELL SAYS, HE TELLS IT LIKE IT IS. FREQUENTLY, HE'S NOT EVEN CROSS-EXAMINED AS TO HIS FINDINGS.

>> Matt Cummings: NICHOLAS FORBES LEFT HIS NATIVE SOUTH AFRICA IN 1972 TO BEGIN A CAREER IN FORENSIC PATHOLOGY THAT SPANNED THREE DECADES. HE FIRST CAME TO ROCHESTER IN 1973 TO WORK AS AN INTERN AND PATHOLOGY RESIDENT AT THE UNIVERSITY OF ROCHESTER. HE SERVED AS ASSISTANT MEDICAL EXAMINER HERE IN 1975 AND 1976. FORBES THEN TOOK A JOB AS A FORENSIC PATHOLOGIST IN OKLAHOMA, BUT HE RETURNED TO ROCHESTER TWO YEARS LATER WHEN HE WAS HIRED AS CHIEF MEDICAL EXAMINER, A POSITION HE HAS HELD EVER SINCE. FORBES' CAREER HAS SEEN HIM INVOLVED IN SOME OF ROCHESTER'S MOST NOTORIOUS MURDER CASES. HE WAS CITED BY THEN-COUNTY EXECUTIVE THOMAS FREY IN 1990 FOR HIS ROLE IN HELPING TO SOLVE THE ARTHUR SHAWCROSS SERIAL KILLINGS. MORE RECENTLY, FORBES HAS PROVIDED CRITICAL TESTIMONY IN THE CONVICTIONS OF JOSE SANTIAGO AND ANGEL MATEO IN SEPARATE MURDER CASES. WHILE FORBES' TESTIMONY PLAYS A KEY ROLE IN A LOCAL MURDER INVESTIGATION, HYLAND SAYS THE JOB CAN TAKE AN EMOTIONAL TOLL.

>> AND I'M SURE Dr. FORBES IS THE SAME WAY. I'M SURE HE HAS TO DISTANCE HIMSELF TO A CERTAIN EXTENT FROM THE EMOTIONS OF WHAT HE'S DOING, BUT THERE ARE THOSE CASES -- THE SANTIAGO CASE WAS ONE, WHERE YOU SEE A TWO-YEAR-OLD EXECUTED, AND I KNOW Dr. FORBES HAS TESTIFIED IN A NUMBER OF CHILD ABUSE CASES, SMALL BABIES THAT WERE KILLED BY THEIR PARENTS OR SOME OTHER CAREGIVER -- THAT I THINK IT'S FAIR TO SAY THAT YOU CANNOT HELP BUT BE AFFECTED EMOTIONALLY BY THOSE CASES.

>> Matt Cummings: DEALING WITH THE INEVITABLE EMOTIONAL STRESS OF HIS WORK IS SOMETHING DEPUTY CHIEF MEDICAL EXAMINER THOMAS SMITH SAYS FORBES HAS BEEN SUCCESSFUL AT DOING.

>> HE HAS AN OUTSIDE LIFE THAT HE KEEPS SEPARATE FROM HIS WORK IN THE OFFICE. HE'S AN AVID JOGGER AND IN LATER YEARS HAS BECOME A...NOT QUITE A BODYBUILDER BUT A HEALTH -- INTERESTED IN THAT SORT OF THING. AND I THINK THAT'S A TOOL HE USES ALSO FOR PERSONAL PLEASURE.

>> Matt Cummings: DAILY MEDIA REPORTS, REALITY TV AND OTHER ENTERTAINMENT PROGRAMMING FEATURING HOMICIDES HAVE CAPTURED THE IMAGINATION OF MANY AMERICANS. HOWEVER, HYLAND SAYS THE FICTITIOUS IS FAR FROM REALITY.

>> BUT I THINK THEY HAVE GLAMORIZED MURDER, YOU KNOW, TO A CERTAIN EXTENT AND I THINK IT'S JUST HUMAN NATURE AND I THINK THAT TELEVISION PRODUCERS AND MOVIE PRODUCERS ARE JUST TAPPING INTO THAT DESIRE, THAT TITILLATION, WHATEVER THE PEOPLE HAVE, WITH HOMICIDES. AS YOU MENTIONED, THERE HAVE BEEN "QUINCY" AND THESE OTHER SHOWS THAT DO MAKE IT SEEM GLAMOROUS. HONESTLY I -- IF MOST PEOPLE HAD TO SIT THROUGH AN AUTOPSY, I DON'T THINK THEY COULD STOMACH IT, YOU KNOW. AND IT TAKES A CERTAIN STRENGTH OF CHARACTER TO BE ABLE TO DO THAT, I THINK, TO GO IN EVERY DAY AND KNOW "THAT'S WHAT I'M GOING TO DO TODAY; I'M GOING TO DO ANOTHER AUTOPSY," YOU KNOW, OR MAYBE THREE OR FOUR. AND WHEN YOU THINK ABOUT THE SITUATIONS THAT THEY HAVE TO DEAL WITH -- BURN VICTIMS, BODIES FOUND FLOATING IN THE GENESEE RIVER -- THAT'S NOT SOMETHING THAT I WOULD LOOK FORWARD TO, BUT THAT'S THEIR JOB AND THEY DON'T -- Dr. FORBES AND THE REST OF HIS STAFF, THEY DON'T FLINCH FROM IT.

(Music)

>> Elissa Marra: AND Dr. NICHOLAS FORBES, THANK YOU FOR COMING IN. YOU'RE CLOSING IN ON YOUR LAST COUPLE OF WEEKS IN OFFICE.

>> YES, I AM.

>> Elissa Marra: SO I'M SURE A LOT OF PEOPLE ARE TALKING TO YOU ABOUT WHAT'S BEEN A VERY DISTINGUISHED CAREER AND, AS WE SAID EARLIER, A LITTLE BIT OF A QUIET CAREER. THE MEDICAL EXAMINER IS USUALLY THE LAST WORD BUT NOT USUALLY THE CELEBRITY FACE IN THE CASE. TALK ABOUT THAT A LITTLE BIT IN TERMS OF WHAT IT'S LIKE TO BE SO IMPORTANT YET SO BEHIND THE SCENES. WHAT'S IT BEEN LIKE FOR YOU HERE?

>> WELL, NEW YORK, AS YOU KNOW, HAS VERY STRONG CONFIDENTIALITY RULES AND REGULATIONS, SO I HAVE ALWAYS FELT IT VERY IMPORTANT TO STAY BACK TO A CERTAIN EXTENT AND NOT TALK TOO MUCH ABOUT CASES, AND THE MEDIA HAVE REALLY RESPECTED THAT IN THIS TOWN AND I APPRECIATE THAT.

>> Elissa Marra: EVEN WITH THE THINGS THAT WE DO SEE ON TELEVISION, WE REALLY DO SEE A LOT OF MURDER. WE SEE A LOT OF DEATH ON TELEVISION. WE SEE BODIES ON TELEVISION LIKE WE NEVER HAVE BEFORE. WE HEAR ABOUT THE M.E. ON TELEVISION. HOW IS IT PORTRAYED IN ENTERTAINMENT TELEVISION? IS IT PRETTY ACCURATE?

>> IT'S GOTTEN BETTER, BUT WHAT YOU SEE ON TV DOESN'T REALLY REFLECT THE DAILY REALITY OF A MEDICAL EXAMINER'S LIFE. THERE'S EMPHASIS ON HOMICIDES. NOW, WHEN I CAME TO THIS COMMUNITY, IT'S TRUE: A BAD YEAR YOU GET 25 HOMICIDES, AND THE DEMOGRAPHICS OF MONROE COUNTY HAVE STAYED PRETTY MUCH THE SAME. BUT WITH THE DRUG EXPLOSION IN THE '80s AND THE APPEARANCE OF CRACK COCAINE AND DRUG TURF WARS, EVENTUALLY WE WERE GETTING WELL OVER 60 HOMICIDES A YEAR, AND THAT WAS REALLY A TREMENDOUS CASELOAD BROUGHT IN. BUT YET THE VAST MAJORITY OF OUR CASES ARE NOT HOMICIDAL. THEY'RE ALL THE OTHER CASES THAT YOU HAVE TO FILTER OUT.

>> Elissa Marra: THEY'RE UNATTENDED?

>> UNATTENDED, UNEXPECTED, POSSIBLY UNNATURAL DEATHS, AND IF THOSE DEATHS ARE REPORTED TO US, WE MUST INVESTIGATE THEM. AND MY OFFICE AND VERY GOOD STAFF INVESTIGATE WELL OVER 2,000 DEATHS EVERY YEAR, JUST A HANDFUL OF HOMICIDES OUT OF ALL OF THOSE.

>> Elissa Marra: RIGHT. YOU WENT TO SCHOOL HERE, DID YOUR RESIDENCY HERE, RIGHT?

>> I WENT TO MEDICAL SCHOOL IN CAPE TOWN, SOUTH AFRICA, AND CAME HERE AND DID MY RESIDENCY IN THE FIELD OF PATHOLOGY, WHICH IS A BASIC SCIENTIFIC DISCIPLINE WHICH ALL FORENSIC PATHOLOGISTS MUST MASTER BEFORE GOING INTO A SUBSPECIALTY DISCIPLINE.

>> Elissa Marra: AND THAT WAS AT THE U OF R?

>> THAT WAS AT THE U OF R, YES.

>> Elissa Marra: OKAY. DID YOU KNOW THAT YOU WANTED THIS -- HOW DID YOU KNOW YOU WANTED THIS TO BE YOUR LIFE'S WORK? DID YOU ALWAYS WANT A CAREER IN DEATH?

>> NOT AT ALL. I WAS INTERESTED IN LAB MEDICINE. I HAD FAMILY WHO WERE IN MEDICINE AND IN LAB, LABORATORY MEDICINE. BUT MY PREDECESSOR HERE, A FELLOW BY THE NAME OF JACK EVANS, RECRUITED ME, AS HE RECRUITED MY DEPUTY. HE WAS QUITE A WELL-KNOWN PATHOLOGIST, AGAIN AROUND THE COUNTRY, AND HE HAD DEALT WITH THE ATTICA PRISON RIOT DEATHS --

>> Elissa Marra: WHICH WAS CONTROVERSIAL DECISIONS FROM THIS MEDICAL EXAMINER'S OFFICE, RIGHT?

>> VERY MUCH SO. THEY WERE FROM WYOMING COUNTY, FROM ATTICA, BUT WE HANDLED MOST OF THOSE. THAT WAS BEFORE I GOT TO THIS COUNTRY.

>> Elissa Marra: OKAY. SO THERE'S A HISTORY OF THAT KIND OF RECRUITMENT? HOW DID HE CONVINCE YOU? DID YOU NOT WANT TO COME OR --

>> WELL, HE -- AS I DO, HE HAD A PROFESSORIAL ROLE AT THE MEDICAL SCHOOL, AS I STILL DO TO THIS DAY, AND HE LIKED TO RECRUIT FELLOWS FROM THE DEPARTMENT. AND HE TAPPED ME ON THE SHOULDER ONE DAY AND SAID, "I THINK YOU MAY HAVE THE RIGHT TEMPERAMENT FOR THIS KIND OF WORK. COME TRY IT OUT." I DID AND NEVER LOOKED BACK.

>> Elissa Marra: WHAT IS THE RIGHT TEMPERAMENT FOR THIS KIND OF WORK? >> I THINK YOU HAVE TO BE ABLE TO DISTANCE YOURSELF, AS KEN HYLAND MENTIONED, FROM THE WORK BECAUSE EACH CASE IS A CHALLENGE UNTO ITSELF, IS INHERENTLY INTERESTING, YET YOU HAVE TO SEPARATE YOURSELF FROM THE EMOTIONALITY OF VERY DISTRESSFUL CASES.

>> Elissa Marra: SUCH AS THINGS LIKE CHILD SEXUAL ABUSE, SHAKEN BABY SITUATIONS, THINGS THAT ARE ALSO DIFFICULT TO PROVE, RIGHT, OR DIFFICULT TO FIND?

>> THEY CAN BE VERY SUBTLE AND NUANCED CASES, AND YES, IT'S TRUE; I DON'T KNOW ANY PATHOLOGIST WHO ARE NOT AFFECTED BY BABY DEATHS, WHETHER NATURAL, WHETHER SUDDEN INFANT DEATH SYNDROME, WHETHER ACCIDENTAL OR WHETHER, IN RARE BUT INCREASING NUMBERS OF DIAGNOSED CASES, HOMICIDAL.

>> Elissa Marra: WE HAVE TO TALK ABOUT THE ARTHUR SHAWCROSS CASE BECAUSE YOU WERE, IN MANY WAYS, AT THE CENTER OF THAT CASE. CAPTAIN JOHNSON FROM THE ROCHESTER POLICE DEPARTMENT SAID THAT WHEN THAT INVESTIGATION WAS ONGOING, YOU SAID YOU SAW MORE STRANGULATIONS, IN THAT TIME PERIOD, OF WOMEN THAN IN YOUR ENTIRE CAREER.

>> AND MOST PATHOLOGISTS GET TO SEE IN A PROFESSIONAL LIFETIME, YES, I THINK THAT'S TRUE. AND STRANGULATION DEATHS CAN BE VERY SUBTLE. THESE BODIES THAT SHAWCROSS LEFT LYING AROUND THE COUNTY WERE IN VARIOUS STAGES OF DETERIORATION, SO THAT MADE IT A VERY DIFFICULT CHALLENGE, BOTH FOR IDENTIFICATION AND FOR ESTABLISHING CAUSE OF DEATH.

>> Elissa Marra: AND YOU HAD TO DO SOME UNUSUAL THINGS, RIGHT? IN ONE CASE, I THINK THERE WERE JUST BONES THERE, AND WHAT DID YOU DO? YOU HAD TO FIND SOME DIFFERENT KINDS OF PROFESSIONAL EXPERTS...

>> WELL, WHEN WE HAVE BONES, WE CALL IN THE ANTHROPOLOGIST, THE FORENSIC ANTHROPOLOGIST. FORTUNATELY, WE HAVE THE SERVICES OF A NATIONALLY KNOWN FORENSIC ANTHROPOLOGIST, SO HE HELPED US OUT WITH THAT ASPECT OF THE CASES.

>> Elissa Marra: WAS THAT A SCARY TIME FOR YOU? I KNOW IT WAS STRESSFUL FOR THE POLICE. I KNOW THE PUBLIC WAS RILED UP SOMEWHAT. WHAT WAS GOING THROUGH YOUR MIND?

>> THE PUBLIC WERE LOOKING FOR ANSWERS. WE BEGAN TO BE SURE THAT THERE WAS A CONTINUITY TO THE CASES. AND THEN THEY GOT MORE FREQUENT AND BUILT UP TO A CRESCENDO AT THE END. AND YES, IT WAS EXHILARATING IN A PERVERSE WAY AND VERY CHALLENGING.

>> Elissa Marra: ALL RIGHT. CAN YOU TELL ME ABOUT -- AS YOU LOOK BACK ON YOUR CAREER HERE IN THE ROCHESTER AREA, WHAT WAS YOUR FAVORITE THING ABOUT BEING MEDICAL EXAMINER? WE DON'T THINK OF THAT JOB AS HAVING HIGH POINTS, BUT WHAT WAS YOUR FAVORITE THING ABOUT YOUR WORK?

>> I THINK IF YOU LOOK BACK AND YOU LOOK AT SINGULAR CASES, THE ONES THAT STICK IN ONE'S MIND AS A PATHOLOGIST ARE NOT THE ONES THAT RECEIVE A LOT OF MEDIA ATTENTION.

>> Elissa Marra: SUCH AS?

>> THEY ARE THE CASES THAT PRESENT MEDICAL DIAGNOSTIC CHALLENGES, AND WHEN YOU RESOLVE THOSE CASES AND TIE ALL THE PIECES TOGETHER, THERE'S IMMENSE SATISFACTION IN THAT.

>> Elissa Marra: ALL RIGHT. AND WE ALREADY TALKED ABOUT THE FACT THAT OFTENTIMES YOUR TESTIMONY WAS NOT CHALLENGED IN COURT. WERE YOU ALWAYS VERY CONFIDENT? WAS THERE EVER A TIME IN A CRIME CASE, LET'S SAY, WHEN YOU HAD TO GIVE TESTIMONY WHEN YOU MAYBE JUST WEREN'T SURE OR WHEN YOU DIDN'T KNOW IF YOU HAD PUT THE PIECES TOGETHER? WAS YOUR CONFIDENCE EVER SHAKEN?

>> NOT REALLY. ONE ALWAYS DID THE MOST PROFESSIONAL JOB THAT ONE COULD AND WAS PREPARED TO ANSWER ANY QUESTIONS, AND I THINK A TRUE PROFESSIONAL, IF HE DOESN'T KNOW THE ANSWER, WOULD BE VERY HAPPY TO ADMIT THAT. AND I HAVE ALWAYS BEEN TREATED WITH THE UTMOST COURTESY AND PROFESSIONAL RESPECT BY MEMBERS OF THE BAR.

>> Elissa Marra: YOUR LEAST FAVORITE THING ABOUT THIS POSITION? ANYTHING YOU DON'T WANT TO DO ANYMORE?

>> IN TERMS OF BEING A MEDICAL EXAMINER?

>> Elissa Marra: YES.

>> I COULD HAPPILY CONTINUE. I THINK THE TIME IS RIGHT FOR ME TO RETIRE RIGHT NOW.

>> Elissa Marra: WHAT MAKES YOU SAY THAT?

>> I STILL ENJOY IT AND I HAVE ALWAYS FELT THAT ONE SHOULD RETIRE AT THE TOP OF ONE'S GAME AND WHILE ONE IS STILL ENERGETIC.

>> Elissa Marra: YOU MUST HAVE SEEN SOME CHANGES WITH THINGS LIKE THE DEATH PENALTY CASE OVER THE YEARS. DID THAT MAKE YOUR JOB MORE BURDENSOME, KNOWING THAT YOU WERE HANDLING VICTIMS WHOSE DEATH MIGHT CAUSE THE DEATH OF SOMEONE ELSE?

>> I HOPE THAT WE BROUGHT THE SAME LEVEL OF PROFESSIONALISM TO THE INVESTIGATION AND DOCUMENTATION OF EVERY CASE, NO MATTER WHAT THE CIVIL OR CRIMINAL JURISDICTION OR OUTCOME MIGHT BE.

>> Elissa Marra: ALL RIGHT. NOW, YOU ARE GOING BACK TO SOUTH AFRICA AND YOU'RE GOING RIGHT AWAY. YOU'RE PROBABLY GOING TO A VERY DIFFERENT PLACE THAN YOU LEFT? WOULD YOU SAY SO?

>> YES, I LEFT SOUTH AFRICA IN THE EARLY '70s WHEN APARTHEID WAS IN FULL CRY. IT WAS A RATHER NASTY PLACE, A VERY COMPELLING PLACE. I DIDN'T REALLY GO BACK UNTIL AFTER THE POLITICAL CHANGE IN THE EARLY '90s.

>> Elissa Marra: AND YOUR FAMILY IS THERE NOW?

>> I STILL HAVE A LOT OF FAMILY THERE, RIGHT.

>> Elissa Marra: OKAY. WELL, Dr. NICHOLAS FORBES, WE WISH YOU WELL. CONGRATULATIONS ON A LONG AND DISTINGUISHED CAREER. AND THANK YOU FOR JOINING US TODAY.

>> I APPRECIATE IT. THANK YOU VERY MUCH.

>> Elissa Marra: THAT IS ALL THE TIME WE HAVE NOW. FOR MORE INFORMATION ON THE MONROE COUNTY MEDICAL EXAMINER'S OFFICE AND THE WORK THEY DO, YOU CAN LOG ON TO OUR WEB SITE AT wxxi.org/ntk. WHILE YOU ARE THERE ON THE WEB, YOU CAN ALSO TAKE PART IN OUR WEEKLY INTERNET POLL. AND OF COURSE FOR THE LATEST ON REDISTRICTING, POLITICS AND GOVERNMENT, IT'S Www.NYcitizens.org.


NOW IT'S TIME FOR THIS WEEK'S
EDITION OF "THE BUSINESS
SECTION" WITH THE "THE DEMOCRAT AND CHRONICLE."

(Music)

JOINING US NOW IN STUDIO IS ELLEN ROSEN, EDITOR OF THE BUSINESS SECTION OF THE "DEMOCRAT AND CHRONICLE" FOR THIS WEEK'S "BUSINESS SECTION." ELLEN, WORLDCOM TOOK EVERYTHING APART YESTERDAY WITH THE ANNOUNCEMENT AND THERE WAS A STORY IN THURSDAY'S "DEMOCRAT AND CHRONICLE." IN THAT STORY, THE WOMEN THAT WERE INTERVIEWED SEEMED TO BE LOSING A LITTLE BIT OF FAITH, ONE OF THEM SAYING SHE'S MAD AT THE MARKET; THE OTHER ONE SAYING SHE'S GOING TO GET VERY CONSERVATIVE NOW. SO HOW IS THIS NEWS AFFECTING LOCAL PEOPLE?

>> Ellen Rosen: PEOPLE HAVE A LOT OF MIXED EMOTIONS. FIRST OF ALL, IT WAS ANOTHER -- WE HEARD FROM A LOT OF PEOPLE, "IT'S ANOTHER ACCOUNTING SCANDAL INVOLVING ARTHUR ANDERSON." IN SOME WAY, THEY'RE ALMOST BECOMING USED TO IT, WHICH IS KIND OF, YOU KNOW, INTERESTING. HAD IT BEEN A DIFFERENT KIND OF SCANDAL OR SOMETHING ELSE GOING ON... BUT THIS KIND OF THING, PEOPLE ARE SORT OF GETTING USED TO. THEN THERE'S THIS WHOLE ISSUE THAT THIS IS SORT OF WHAT YOU SEE, KIND OF THE POST-EXUBERANT TIMES, A PERIOD OF EXUBERANCE. NO ONE REALLY CARED WHAT THESE COMPANIES WERE DOING AS LONG AS EVERYONE WAS MAKING MONEY, WHICH THEY WERE THROUGH THE '90s. NOW THEY'RE NOT AND SO PEOPLE ARE LOOKING MORE CLOSELY.

>> Elissa Marra: WHEN YOU TALK ABOUT THAT, THAT PEOPLE ARE USED TO IT OR MAYBE A LITTLE BIT DESENSITIZED, DOES THAT MAYBE AFFECT THEIR INVESTING HABITS? THE STORY SAID THERE'S MONEY ON THE SIDELINES RIGHT NOW.

>> Ellen Rosen: YEAH, I THINK PEOPLE ARE NOT EXACTLY SURE WHAT TO DO WITH THEIR MONEY. I THINK PEOPLE HAD GOTTEN USED TO THE MARKET, THE TREMENDOUS GAINS THAT THE MARKETS HAD MADE IN THE 1990s AND PEOPLE ARE NOT QUITE READY TO ADJUST TO THE FACT THAT THAT'S NOT GOING TO HAPPEN AGAIN, PARTICULARLY PEOPLE THAT WERE HEAVILY INVESTED IN TECHNOLOGY STOCKS, THAT THAT'S NOT GOING TO COME BACK. THE MARKET IS NOT GOING TO DIE, NOT GOING TO CRASH, BUT IT'S NOT GOING TO COME BACK TO THE LEVELS IT WAS AT.

>> Elissa Marra: NOW, PRESIDENT BUSH ADDRESSED THIS QUITE A BIT DIFFERENTLY THAN HE INITIALLY ADDRESSED THE ENRON SITUATION, WHICH MADE LIGHT OF HIS RELATIONSHIP WITH CHAIRMAN LEIGH AND WHATNOT. YESTERDAY, RIGHT AWAY, HE CAME OUT VERY STRONGLY WITH LANGUAGE. WHAT DO YOU THINK IS GOING ON THERE? IS IT GOING TO BE A CAMPAIGN PERHAPS OR POLITICAL ISSUE?

>> Ellen Rosen: WELL, THAT'S POSSIBLE, BUT I THINK AS PRESIDENT OF THIS COUNTRY, HE HAS TO BE WORRIED ABOUT THE STABILITY OF WALL STREET AND THE STABILITY OF THE MARKET AND THE STABILITY OF THE ECONOMY. SO HE NEEDS TO LET PEOPLE KNOW THAT THERE'S SOMEBODY WATCHING. I THINK HE WAS PROBABLY TRYING TO HEAD OFF A RUN AT THE MARKETS WITH PEOPLE DUMPING STOCKS, THINGS LIKE THAT, THAT REALLY COULD HAVE CAUSED HAVOC AND TRY TO LET PEOPLE KNOW THAT SOMEONE IS IN CHARGE AND WE'LL GET TO THE BOTTOM OF IT.

>> Elissa Marra: MANY INVESTORS ARE SIMPLY SAVING FOR RETIREMENT AND THEY'RE DOING IT WITH THESE KINDS OF STOCKS. IS IT PRETTY CLEAR NOW, AS YOU SAY, THAT PEOPLE BECOME USED TO THESE THINGS HAPPENING, THAT THERE'S NOT TOO MUCH THAT THEY CAN COUNT ON, OR ARE THESE REALLY, IN YOUR OPINION, ISOLATED INCIDENTS AND THERE ARE A LOT OF PEOPLE OUT THERE DOING BUSINESS THE RIGHT WAY?

>> Ellen Rosen: WELL, THERE'S A LOT OF PEOPLE OUT THERE DOING BUSINESS THE RIGHT WAY. WHAT'S REALLY HAPPENED TO A LOT OF PEOPLE IS THE PEOPLE THAT ARE EMPLOYED BY THESE COMPANIES HAD A LOT OF THEIR MONEY TIED UP IN 401K's OF THEIR COMPANIES, AND PARTICULARLY GLOBAL CROSSING, PEOPLE SAW THEIR 401K's AND THEIR RETIREMENT PLANS BASICALLY DECIMATED. SO THERE'S THAT, BUT I THINK THERE'S A LOT OF COMPANIES OUT THERE THAT ARE DOING BUSINESS, SOLID BUSINESS, WHO HAVE SOLID ACCOUNTING PRACTICES, AND WHAT ADVISORS ARE TELLING PEOPLE THAT IF YOU HAVE DIVERSIFIED, WATCHED YOUR PORTFOLIO, NOT ALL IN STOCKS -- THEY'RE RECOMMENDING PEOPLE MAY WANT TO GET INTO SOME MORE STABLE INVESTMENTS LIKE BONDS AND SOME OTHER THINGS, LONG-TERM THINGS THAT PEOPLE CAN STILL SAVE SOMETHING.

>> Elissa Marra: OKAY. LET'S TALK A LITTLE BIT ABOUT BIOTECHNOLOGY, SWITCH CHANNELS A LITTLE BIT. SOMETHING COMING UP IN THE NEWSPAPER THAT YOU HAVE BEEN FOLLOWING THAT HAS TO DO WITH THE U.S. ARMY?

>> Ellen Rosen: WE HAVE A STORY IN SUNDAY'S PAPER BY MICHAEL WENTZEL THAT LOOKS AT A LOCAL BIOTECH COMPANY THAT SAYS IT'S DEVELOPING A TECHNOLOGY THAT SHOULD PROVIDE AN EASY AND INEXPENSIVE WAY TO DIAGNOSE EVERY KIND OF INFECTION FROM STREP THROAT ALL THE WAY TO ANTHRAX. IF THAT'S TRUE AND THEY CAN GET IT TO MARKET IN TIME, BEFORE ANY OF THEIR COMPETITORS, IT COULD BE QUITE A BOOM FOR THEM.

>> Elissa Marra: AND THAT WOULD PROBABLY HAVE IMPLICATIONS OTHER THAN JUST MILITARY, RIGHT?

>> Ellen Rosen: OF COURSE. IT'S A DEVICE ABOUT THE SIZE OF A PALM PILOT AND SO IT COULD BE USED EVERYWHERE FROM A DOCTOR'S OFFICE -- IT REQUIRES NO WAITING TIME, NO LAB CULTURES... ALL SORTS OF THINGS. IT'S REALLY KIND OF AN INTERESTING TECHNOLOGY, REVOLUTIONARY TECHNOLOGY.

>> Elissa Marra: HOW DID THE U.S. ARMY COME TO THIS DEAL?

>> Ellen Rosen: WELL, THIS COMPANY HAS BEEN SECRETIVE ABOUT WHAT THEY HAVE BEEN UP TO FOR THE LAST COUPLE OF YEARS SO WE HAD TO PIECE THAT TOGETHER, BUT THEY HAVE BEEN WATCHING THIS COMPANY TO SEE WHAT THEY'RE DOING AND OBVIOUSLY WITH ANTHRAX IMPLICATIONS AND OTHER THINGS, THAT THEY CAN BE DIAGNOSED QUICKLY OUT ON THE BATTLEFIELD, THAT WOULD BE SOMETHING THAT THE ARMY WOULD BE INTERESTED IN.

>> Elissa Marra: OKAY. AND LET'S JUST TOUCH QUICKLY ON ONE MORE STORY THAT WAS IN TODAY'S PAPER, IN THURSDAY'S PAPER, ABOUT BAUSCH & LOMB. WHAT'S HAPPENING THERE? IT'S NOT GOOD NEWS.

>> Ellen Rosen: NO, IT'S NOT GOOD NEWS AT ALL. THEY WERE FOUND TO BE INFRINGING ON A PATENT OF A COMPETITOR IN PARTS OF THE DEVELOPMENT OF THEIR PURE VISION LENS, WHICH IS ONE OF THEIR FASTEST GROWING PRODUCTS, THEIR EXTENDED-WEAR LENS AND REALLY WHERE BAUSCH & LOMB SAW THE FUTURE OF ITS LENS PRODUCTION. THOSE LENSES ARE STILL PRODUCED HERE. FOR HOW LONG, WITH OR WITHOUT THIS DECISION, IS ANYBODY'S GUESS. BUT THE SHORT-TERM IMPLICATIONS, OBVIOUSLY BAUSCH & LOMB WILL APPEAL, BUT APPEALING THIS KIND OF THING CAN BE VERY DIFFICULT.

>> Elissa Marra: THEY MAY NEED TO COME UP WITH SOMETHING ELSE THEN?

>> Ellen Rosen: THEY MAY NEED TO. I DON'T KNOW. IT WILL DEPEND ON HOW QUICKLY THEY CAN GET A STAY OF THIS ORDER, WHETHER THEY CAN CONTINUE PRODUCTION. RIGHT NOW THEY CANNOT PRODUCE OR SELL THESE IN THE UNITED STATES. NOW, THEY STILL CAN SELL OVERSEAS. THIS JUST AFFECTS THEIR U.S. MARKET, AND THERE'S QUITE A MARKET FOR CONTACT LENSES OVERSEAS.

>> Elissa Marra: ALL RIGHT, GREAT. THANKS VERY MUCH FOR YOUR TIME, ELLEN. ELLEN ROSEN FROM THE "DEMOCRAT AND CHRONICLE.

UP NEXT, WE HAVE A LOCAL COMEDY TROUPE WHOSE NAME SAYS IT ALL. JOY PARKER WENT BEHIND THE SCENES THIS WEEK WITH ESTROFEST.

>> YOU'RE LISTENING TO WPMS-FM... (Laughter)

>> WHERE EVERY 28 SONGS WE GET EMOTIONAL. (Laughter)

>> TAKING A LOOK AT YOUR WPMS-FM WEATHER, IT'S BRIGHT AND SUNNY THIS AFTERNOON, COLD AND APATHETIC TONIGHT, AND DARK AND MISERABLE TOMORROW. DON'T EVEN THINK ABOUT ASKING FOR THAT BACKRUB, BUDDY! (Laughter)

>> ESTROFEST IS A SKETCH COMEDY TROUPE. WE HAPPEN TO BE FIVE WOMEN, HENCE THE NAME. BUT THE GOAL IS JUST TO MAKE PEOPLE LAUGH. THERE'S NO GENDER INVOLVEMENT OF THE GOAL OF OUR JOKES OR WHAT WE WRITE. BUT WE WRITE EVERYTHING, PRODUCE EVERYTHING, DO OUR OWN COSTUMES, SETS... WE GET A LITTLE HELP WITH OUR VIDEO BECAUSE WHILE WE'RE CHANGING OUR COSTUMES, WE HAVE A PROFESSIONAL VIDEO SHOWING AS WELL. SO IT'S JUST A WHOLE SMORGASBORD OF HA, HA, HA.

>> IT SOUNDS LIKE A FUN, SIMPLE IDEA, RIGHT? "YEAH, LET'S PUT TOGETHER A COMEDY TROUPE." BUT IT WAS ASTONISHING, REALLY. I MEAN, I KNEW IT WAS GOING TO TAKE A LOT OF WORK, BUT I HAD ABSOLUTELY NO IDEA. THE LEVEL OF TIME COMMITMENT, DEDICATION, WRITING TIME ALONE...

>> HEY, HEY! CHECK IT OUT! CHOCOHOLIC MOM GIVES BIRTH TO SUGAR-COATED BABY. YOU'RE GOING TO TURN INTO A TABLOID... (Indecipherable dialogue)

>> OH, MY GOD! OH!

>> WE HAVE BEEN TOGETHER FIVE NIGHTS IN A ROW UNTIL MIDNIGHT, EASILY, WORKING. IT'S INCREDIBLE REALLY.

>> ESTROFEST WAS FOUNDED IN 1997. ALLISON ROBERTS HAD BEEN PERFORMING IN "JOEY AND MARIA'S COMEDY WEDDING," WITH TWO OTHER ACTRESS, ADELE FICO AND FRIEDA SCHNEIDER. AND SHE WAS DRIVING DOWN THE STREET ONE DAY IN FAIRPORT, NEW YORK, AND SHE SAW TWO WOMEN WALKING DOWN THE STREET LAUGHING HYSTERICALLY, AND JUST SOMETHING WENT OFF IN HER THAT SAID, "YOU KNOW WHAT? WOMEN LAUGHING TOGETHER, THAT'S WONDERFUL. A COMEDY TROUPE! WHY NOT?" MOST OF US HAVE OUR GREATEST CREATIVITY AT 4 O'CLOCK IN THE MORNING. WE DON'T KNOW WHAT IT IS. WE'RE NOT CRAZY INSOMNIACS OR ANYTHING, BUT WE'LL WAKE UP IN THE MIDDLE OF THE NIGHT AND HAVE OUR BEST IDEA, WHETHER IT'S A VIDEO OR AN AD PARODY OR A MUSICAL NUMBER OR WHATEVER. IT ALWAYS SEEMS TO BE THIS MAGICAL 4 O'CLOCK IN THE MORNING THAT WE RUN TO OUR COMPUTERS. ONE BIG COUP FOR ESTROFEST THIS YEAR IS WE ARE ONE OF ONLY NINE INTERNATIONAL TROUPES TO BE ACCEPTED INTO THE TORONTO THEATRE FRINGE FESTIVAL, WHICH IS AN INTERNATIONAL THEATRE FESTIVAL THAT PLAYS IN BIG CITIES ALL OVER THE WORLD WHERE THEATER IS ACCESSIBLE AND AVAILABLE. WE WERE CHOSEN OUT OF MORE THAN 100 INTERNATIONAL TROUPES THAT APPLIED. THEY ONLY CHOSE NINE. NEW ZEALAND, AUSTRALIA, NEW YORK, LONDON AND ROCHESTER ARE THE INTERNATIONAL CITIES THAT ARE GOING TO BE REPRESENTED IN TORONTO IN JULY. SO WE'RE REALLY EXCITED ABOUT THAT. WHO KNOWS WHO WILL BE IN THE AUDIENCE?

(Applause)


>>>> Elissa Marra: AND AS SHE SAID, ESTROFEST WILL PLAY THE FRINGE FESTIVAL THIS SUMMER FROM JULY 5th THROUGH JULY 11th, AND THEY WILL OPEN THEIR FOURTH SEASON IN THE WINTER OF 2003. DON'T FORGET, YOU CAN READ MORE ABOUT THIS PROGRAM ON OUR WEB SITE. JUST LOG ON TO wxxi.org/ntk. AND THAT'S ALL THE TIME WE HAVE FOR TONIGHT'S SHOW. THANKS FOR YOUR TIME. WE'LL SEE YOU NEXT WEEK.


(Music)

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