Did Bryant Arroyo Kill Baby Jordan Anthony Shenk,
As Alleged by the Commonwealth Of Pennsylvania?

Mohammed Ali Al-Bayati PhD, DABT, DABVT
Toxicologist & Pathologist, Toxi-Health International
150 Bloom Dr. Dixon, CA 95620 Phone: (707) 678-4484 Fax: (707) 678-8505

Table of Contents

Section IV.
Problems with the Methodology Dr. Ross
Used in the Investigation of This Case

Dr. Wayne K. Ross performed the autopsy on Jordan’s body on 25 September 1994 and concluded that he was killed by blunt trauma to the chest and abdomen and that the manner of the death was homicide. The medical evidence presented in Section III of this report clearly shows that Jordan died as a result of serious acute and chronic illnesses. Jordan suffered from spongiosis of the brain; aspiration pneumonitis; weight loss; thymus atrophy; inflammation of the liver, gallbladder, and mesentery; sepsis; and metabolic disease.

The objectives of Dr. Ross’s investigation were to find the factual causes of death and bleedings and the manner of death. My investigation revealed that Dr. Ross did not achieve his objectives, because he did not follow standard medical procedures in investigating the causes of death. He also rushed to judgment in providing the cause and manner of death to the Manheim Township Police and the assistant district attorney [2, 9, 11, 12]. Furthermore, he did not reveal important clinical medical evidence to the court that explain the factual causes of death and bleedings [11, 12]. The following is a list of medical facts that support my conclusions.

1) Dr. Ross overlooked Jordan's weight loss during the forty-three days prior to his cardiac arrest. The baby's weight on 12 August 1994 was 15 lb, 10 ounces. His weight on 25 September, following his injection with 410 ml of fluid (weighing about one pound) remained at 15 lb, 10 ounces. These data indicate that Jordan lost about one pound during the forty-three-day period and was probably suffering from chronic illness.

2) Dr. Ross examined Jordan’s body at about 0800 on 25 September and observed sixteen brownish/purplish circular contusions at various sizes (1/8-1/2 inch in diameter) on the lower anterior chest wall and upper abdomen. He assumed that these were present when the paramedics picked the baby up from his house and that they were bruises caused by blunt trauma inflicted intentionally prior to the baby’s death. I found that Dr. Ross’s assumptions are not supported by scientific facts. My conclusion is supported by the following medical facts:

a. The paramedics examined Jordan prior to transporting him to Lancaster General Hospital at 0305 and found only eleven brownish/purplish circular marks on his lower chest and upper abdomen. The size of the marks was approximately 1/8 inch in diameter. These data indicated that five bruises or marks of the sixteen reported by Dr. Ross were formed after the baby was transported by the paramedics. In addition, the size of the marks increased by 400% from the time the paramedics transported the baby at 0305 until the time of autopsy at 0800;

b. Dr. Ross examined the H & E stained tissue sections from the bruises and marks on Jordan’s lower chest and upper abdomen. He did not find a significant white blood cell infiltration in either area. Also, he saw only congested blood vessels without hemorrhage in the abdominal marks. These observations contradict Dr. Ross’s conclusions that the bruises in the chest area occurred while the baby was alive and that the baby had bruises on the upper abdomen.

c. Various types of injuries in the chest area have been reported in patients receiving cardiopulmonary resuscitation (CPR), and Jordan’s mother stated that the bruises on the baby’s chest were caused by CPR;

d. Jordan had brain spongiosis and aspiration pneumonitis. Thrombocytopenia has been reported in children who have sepsis and brain spongiosis. Patients with thrombocytopenia are susceptible to bruising and bleeding.

3) Dr. Ross examined the H and E stained tissue sections of Jordan’s brain microscopically and found serious chronic brain disease. Jordan had spongiosis of the cerebral cortex and white matter, and focal Purkinje cell dropout in the cerebellum; but Dr. Ross did not take this important discovery into account in his evaluation of this case. Furthermore, he did not reveal these findings to the court when he testified in October of 1994 and May of 1995. Reportedly, these lesions usually occur in babies with propoinic acidemia and other metabolic problems associated with branch amino acids. Propoinic acidemia also causes aspiration pneumonitis, thymus atrophy, sepsis, bleedings, and weight loss, as observed in Jordan’s case.

4) Dr. Ross reported that Jordan’s thymus weight was 13 grams. Jordan was eight-and-a half-months old at the time of death/autopsy. The average thymus weight (g) in a white, infant male at six to nine months of age is 25 g; thus, Jordan’s thymus weight was about 52% of normal. These data indicate that Jordan's thymus was atrophic. Reportedly, babies who had brain spongiosis and propionic acidemia also suffered from thymus atrophy and serious infections, as observed in Jordan’s case.

5) Dr. Ross examined the H & E stained tissue sections of Jordan’s lungs microscopically and found aspiration pneumonitis. However, he did not take this important discovery into account in his evaluation of the case. He also did not reveal the information in court when he testified in October of 1994 and May of 1995.

Aspiration pneumonitis is caused by a foreign substance (food and/or secretions) and microorganisms entering the lung and causing inflammation. It occurs in children with poor airway reflexes or gastroesophageal reflux, or both. Jordan had serious neurological problems that led to poor airway and gastroesophageal reflexes, namely spongiosis of the cerebral cortex and white matter and focal Purkinje cell dropout in the cerebellum.

Inflammation of the lungs due to the aspiration of foreign substance and bacteria can explain the bleedings and edema observed in Jordan’s lungs. In the earliest stage of pneumococcal pneumonia, protein-rich edema containing numerous organisms usually fills the alveoli. Marked congestion of the capillaries is followed by a massive outpouring of polymorphonuclear leukocytes, accompanied by intra-alveolar hemorrhage. On gross examination, the lungs of patients who die of streptococcal pneumonia are heavy and display bloody edema.

6) Dr. Ross examined the H & E stained tissue sections of Jordan’s liver and found that the entire liver was infiltrated primarily with polymorphonuclear cells (PMN), but some macrophages also. The presence of the PMN and macrophages indicates that Jordan’s liver inflammation was about 24 hours old or older. The PMN usually enters the inflammatory site in 6 to 12 hours after initial injury, and macrophages enter the site later, usually after 24 hours. Bacteria were the likely cause of the liver inflammation. Dr. Ross did not take blood samples or abdominal fluid to culture them for bacterial growth. Jordan had aspiration pneumonitis, and bacteria can travel via blood and infect other organs.

7) Dr. Ross examined Jordan’s gallbladder at autopsy and found early necrosis associated with edema in the gallbladder wall. He also examined the H & E stained tissue sections of the gallbladder and found blood clotting, autolysis of epithelium, and subepithelial hemorrhages with early infiltration by polymorphonuclear cells. It takes about three to four hours for the necrosis in gallbladder to become apparent to the naked eye. Enzymes are activated and released from the lysosomes of the dead cells, causing autolysis.

The autolysis observed in Jordan’s case occurred prior to death, because the wall of the gallbladder was infiltrated by white blood cells. Dead cells evoke an inflammatory reaction that brings leukocytes to the area . The gallbladder inflammation and necrosis were likely caused by microorganisms, because the baby had aspiration pneumonitis and liver inflammation. Microorganisms can travel via blood to infect gallbladder and other organs via blood. Jordan's thymus atrophy also predisposed him to infection.

8) Dr. Ross examined the H & E stained tissue sections of the mesentery and the intestines and observed fresh hemorrhage with inflammation in the mesentery. The mesentery was infiltrated with polymorphonuclear cells (PMN) and macrophages. The presence of the PMN and macrophages indicates that the inflammation in Jordan’s mesentery was about 24 hours old or older, as explained above. In addition, the inflammation was likely caused by microorganisms because of the aspiration pneumonitis and bacterial liver inflammation, as explained above.

9) Dr. Ross examined Jordan’s gastrointestinal tract, liver, and gallbladder grossly and microscopically and observed fresh bleedings in liver, wall of gallbladder, multiple areas of the mesentery, pericolonic region, serosa of small intestine, and ascending colon. He also collected 200 ml of bloody fluid from the abdominal cavity. The bleedings in these sites resulted from the synergistic actions of several factors: a) bacterial infections; b) probable thrombocytopenia due to sepsis and metabolic problem; c) liver inflammation, which causes deficiency of clotting factors as explained in Section III; d) severe damage of liver, gastrointestinal tract, and other internal organs has been reported in people receiving cardiopulmonary resuscitation CPR.

Section V.
Analysis of Bryant's Alleged Confession That He Killed Jordan:
Did Bryant Really Confess?

Detective Larry Mathias from the Manheim Township Police Department interviewed Bryant Arroyo in Lancaster General Hospital at 0720 on 25 September 1994, concerning Jordan’s cardiac arrest [3]. Bryant stated that after Jordan’s mother returned home at 0200 on 25 September, he went upstairs to check on the baby. He found him unconscious in his crib and not breathing. He carried the baby downstairs running and yelling for Jordan’s mother to call 911. Bryant put the baby on a chair and began cardiopulmonary resuscitation (CPR), even though he had no formal training to do CPR. He told Mathias that he loved the baby and never hurt him [3, 12].

Furthermore, Detective Raymond E. Solt interviewed Bryant at 0920 on 25 September at Bryant’s house, where Jordan suffered cardiac arrest. Bryant also stated to Detective Solt that he found the baby not breathing upstairs, brought him downstairs, and performed CPR to revive him. He loved Jordan and had taken good care of him [12]. In addition, the police interviewed Bryant for the third time after 1030 on 26 September at the Manheim Township Police Department. Byrant consistently repeated the information previously given to the police in the two interviews noted above [3]. Briefly, he found Jordan lifeless in his crib and performed CPR to revive him.

However, Detectives Mathias and Solt alleged that Bryant Arroyo freely confessed to them after 1600 on 26 September that he killed Jordan [11, 12, 44]. Solt and Mathias claimed that Bryant confessed when they told him that the medical examiner had informed them that Jordan’s injuries were inflicted intentionally, and that these injuries were not caused by CPR. Also they told Bryant that they believed he was responsible for causing Jordan’s injuries [3].

The Detectives alleged that Bryant told them that he went upstairs to Jordan’s room after 0030 on 25 September; that he picked the baby up with his left hand under the baby’s arm and started punching; that he then switched the baby over to hold him with his right hand and punched with his left; that he laid the baby down on his older brother’s bed and punched him some more. It was alleged that Bryant punched the baby in the chest and stomach area a few times, and that he then put the baby back in his own bed and laid him face down [44].

Bryant claimed that he did not confess to the Detectives that he killed Jordan. He stated that the detectives altered the statement he gave on 26 September describing the crisis and the way he did CPR to rescue the baby [45]. Bryant’s alleged confession is an eight-page typed-document produced by Det. Solt with a computer and a word-processing program. There are no copies of Bryant’s alleged confession handwritten by Bryant or the detectives to compare with the computer-generated document. Det. Solt discarded all interview notes [45, 46, 47].

I reviewed Bryant’s alleged confession and the medical evidence, as well as the testimonies of the police officers, medical examiner, and other witnesses. I found that Bryant’s alleged confession, described above, does not dovetail with the medical evidence and the sequence of events that led to the Jordan’s cardiac arrest and death. Below is a list of medical facts that raises doubt about the claim of Detectives Methias and Solt that Bryant confessed to them that he killed Jordan.

1) Jordan’s weight on 25 September was about 15 lb. The detectives alleged that Bryant picked Jordan up by one arm with a single hand and, using his other hand, punched the baby with a strong force in the chest and the abdomen. I do not believe it is possible to manhandle a healthy 15 lb baby in the manner described by the police, not to mention a baby with the bleeding problems Jordan had, without leaving bruises and marks. Jordan had serious neurological problems, aspiration pneumonitis, inflammation of liver and other organs, sepsis, and thymus atrophy. Babies with these health problems also have thrombocytopenia and bleeding problems (see Section III).

The paramedics, emergency physician, and the medical examiner did not see any evidence of trauma on Jordan's upper and lower extremities during their examinations on 25 September. The medical examiner reported that Jordan’s upper arms, forearms, and hands were symmetrically developed and free of evidence of trauma, edema, and other significant natural diseases. In addition, prior to autopsy, full body x-rays were performed on Jordan and show no evidence of acute or healing trauma. The x-rays were also reviewed by Dr. Boal, a pediatric radiologist, who saw no significant abnormalities.

2) It was alleged that Bryant punched Jordan repeatedly in the upper abdomen. Repeatedly punching a baby that has bleeding problems with a strong force, as described in Bryant’s alleged confession and by the medical examiner will certainly causes serious bruises. Dr. Ross examined the H & E stained tissue section from the marks on the skin in the abdominal area and observed only congested blood vessels with no obvious hemorrhage or inflammatory reactions. These findings do not support the allegations that the baby was hit with a strong force.

3) The size of the bruises on the lower chest area grew by 400% from the time the paramedics picked Jordan up from his house at 0305 until the time of autopsy at 0800 (Section III). These data and the evidence described in Section III suggest that these minor bruises (1/8 inch) were the effects of CPR.

4) Jordan had spongiosis of the cerebrum and Purkinje cell dropout in the cerebellar cortex; aspiration pneumonitis; thymus atrophy; inflammation of the liver, gallbladder, and mesentery; and weight loss. Babies with these health problems have thrombocytopenia and bleedings (Section III). These are the factual causes of Jordan’s cardiac arrest and bleedings, not blunt trauma as alleged by the medical examiner and police.

5) Bryant’s alleged confession about the manner of Jordan’s death dovetail only with the medical examiner’s theory that Jordan was killed by repeated blows to the chest and upper abdomen. The medical examiner’s theory is not supported by the medical facts, and the medical examiner shared his theory with the police on 25 September before any microscopic examination had been done.

6) Bryant was interviewed three times by the police prior to 1600 on 26 September, and on all these occasions he stated that he did not hurt Jordan. He found him unconscious in his crib and performed CPR to revive the baby. Bryant’s story was consistent on those three occasions, and it dovetails with the medical facts, whereas the allegation by police does not.

7) The police alleged that Bryant confessed to them that he had an anger problem and that he killed Jordan to let his anger out. They alleged that Bryant was angry with his cousin on 24 September. Bryant, his cousin, Jordan’s mother (who had lived with Bryant for about four months), and seventeen other witnesses who knew Bryant well, contradicted the allegation that Bryant had an anger problem. These witnesses wrote affidavits on Bryant’s behalf to state that Bryant is very calm person and they never saw him getting angry.

The medical evidence described above also clearly contradicts the statements made by Detectives Mathias and Solt that Bryant confessed to them that he killed Jordan and suffered from an anger problem. The medical data also indicate that Bryant did not provide the statements cited in his alleged confession describing the methods and manner of death. I believe that the State of Pennsylvania and the court should re-examine this case in light of these facts and ask Detectives Mathias and Solt to explain their positions and actions.

Section VI. Conclusions and Recommendations

The medical evidence described in this report clearly shows that the infant Jordan Anthony Shenk died as a result of serious acute and chronic illnesses that led to his cardiac arrest and bleedings on 25 September 1994. He had brain disease (spongiosis of the cerebral cortex and white matter, and focal Purkinje cell dropout in the cerebellum); aspiration pneumonitis; sepsis; inflammation of the liver, gallbladder, and the mesentery; thymus atrophy; and weight loss. These lesions and symptoms have been reported in children with propionic acidemia and other metabolic problems involving branched amino acids. Jordan’s symptoms and lesions indicate that he probably suffered had a genetic illness that led to the development of propionic acidemia and his death.

The medical evidence dovetails with Bryant’s claim that he found Jordan unconscious and lifeless in his crib and preformed CPR to revive him. It contradicts Dr. Wayne K. Ross’s conclusions that Jordan died as a result of blunt trauma to the chest and abdomen and that the manner of death was homicide. It also raises many doubts about the claim of detectives Methias and Solt that Bryant confessed to them that he killed Jordan.

The objectives of Dr. Ross’s investigation of this case were to find the cause and manner of death. My investigation of this case and the medical evidence presented in this report clearly show that Dr. Ross did not achieve his objectives as required by law, because 1) he did not follow standard medical procedure when investigating this case and interpreting the medical data; 2) he rushed to judgment by informing the police and the district attorney’s office immediately after finishing his autopsy, and prior to doing the microscopic examinations, that Bryant killed Jordan.

Dr. Ross overlooked the following: 1) that Jordan lost about one pound during the six-weeks prior to his cardiac arrest; 2) that the baby had thymus atrophy; 3) that the number and size of the small bruises and marks observed on Jordan’s chest and abdomen changed significantly between the time the paramedics picked the baby up from his house and the time of autopsy—the number and size increased by 400% and five, respectively; 4) that Jordan suffered from bacterial infection, because Dr. Ross did not take blood and fluid samples to do bacterial culture; 5) that Jordan had thrombocytopenia and blood clotting problems, because Dr. Ross did not do the proper blood tests.

Furthermore, Dr. Ross microscopically evaluated tissue sections taken from Jordan’s organs and lesions. He found serious brain illness (spongiosis of the cerebral cortex and white matter and focal Purkinje cell dropout in the cerebellum) and aspiration pneumonitis. However, he did not take these important discoveries into account in his evaluation of the case. He also did not reveal his findings in court or inform the family that Jordan was suffering from serious illness.

The presence of these significant pathological abnormalities in Jordan’s brain and lungs explain the sequence of events that led to Jordan’s cardiac arrest, bleedings, and inflammation observed in Jordan’s organs. The brain lesions led to neurological malfunction, which caused gastric and esophageal reflex problems, which brought on aspiration pneumonitis. These illnesses led to sepsis; thrombocytopnea; inflammation of the liver and other organs; deficiency of blood clotting factors and bleedings; bleedings and edema of the lungs/asphyxia; and cardiac arrest.

We made several attempts to get the histology slides of Jordan’s organs, but Dr. Ross’s office and the Coroner’s Office at Lancaster County did not give them to us [48, 49]. I wanted to examine the histology slides to evaluate the severity of the damage in the brain, lungs, and other organs. Dr. Ross reported that the spongiosis of the cerebrum involved both cortex and white matter [2]. This indicates an advanced stage of this serious disease.

My investigation of this case clearly shows that Bryant was falsely accused of killing Jordan. He was unjustly convicted because the factual causes of illness and death in this case were not revealed to the jury by the medical examiner and the police.

I hope that the government and medical authority in the State of Pennsylvania will evaluate the medical evidence presented in this report and open an investigation to correct the problems and injustice in this case. I believe that Bryant Arroyo should be released from prison immediately and should be compensated for his pain and suffering and time wrongly spent in prison.

In addition, the State of Pennsylvania should inform Jordan’s family about the factual causes of his illness and death. The medical evidence clearly shows that he died from a genetically related metabolic problem. The gene involved in propionic acidemia is a recessive gene. Jordan’s family should be alerted to test their other children and future children for this genetic defect to prevent tragedies similar to those occurring in this case.

Mohammed Ali Al-Bayati
PhD, DABT, DABVT
Toxicologist & Pathologist

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References

[1] Jordan Anthony Shenk’s medical record obtained from Dr. Bruce Silverstein, 2920 Marieta Avenue Lancaster Pennsylvania 17601.

[2] Dr. Wayne K. Ross’ autopsy report on Jordan Anthony Shenk. [Autopsy No: A94-347 (LC94-265)]. Conestogia View, Lancaster County, PA. September 25, 1994.

[3] Detective Larry Mathias, Report No 94012979, 9/25/1994. Manheim Township Police Department. Lancaster County, PA.

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[44] Statement of Bryant (NMN) Arroyo, 26 September 1994 Manheim Township Police Department. Lancaster County, PA.

[45] Bryant Arroyo, CU-1126, Petition filed In the United States District Court for the Eastern District of Pennsylvania. 11 February 2003.

[46] Hon. Charles B Smith’s report and recommendation on 27 January 2002. Bryant Arroyo, Petitioner vs. Supt. Robert D. Shannon and the District Attorney of the County of Lancaster, PA and the Attorney General of the State of Pennsylvania respondents No. 02-566). In the United States District Court for the Eastern District of Pennsylvania.

[47] Bryant’s letter to William K. Suter on 19 January 2004. Re: Bryant Arroyo vs. Commonwealth of Pennsylvania petition for Writ of Certiorari. Submitted to Office of the Clerk, Supreme Court of the United States, Washington, D.C. 20543

[48] Nancy Garcia’s letter to Dr. Wayne K. Ross, Gary Kirchner, and Howard Shaub on 29 October 2004. Requesting histology slides of the autopsy of Jordan Shenk A94-347 (LC94-265). Families United For Justice, Springfield, MA.

[49] Nancy Garcia’s letter to Dr. Mohammed Ali Al-Bayati on 8 December 2004. Telephone contact log with the Lancaster County’s medical examiner’s office and the Corner’s office requesting histology slides of the autopsy of Jordan Shenk A94-347 (LC94-265). Families United For Justice, S