Concerns raised on examiner commission
One day after Governor Mitt Romney publicly pledged to replace the state's embattled chief medical examiner, his administration conceded yesterday that two of the governor's appointments to a commission named to recruit a new medical examiner do not meet legal requirements.
Nevertheless, the commission will go ahead with its business of finding a replacement for Dr. Richard J. Evans because 14 of the commission's members are lawfully appointed, and the commission needs only nine members for a legal quorum, said Herbert P. Wilkins, a retired Supreme Judicial Court chief justice who was named to the commission.
Wilkins said in an interview that the governor's office had made a "good faith effort" to comply with the state statute for appointing the Commission on Medicolegal Investigation, which requires membership of two forensic pathologists certified by the American Board of Pathology.
"But there just aren't too many of them around," he said, referring to board-certified forensic pathologists.
Wilkins said the governor's office discussed appointing the commission without the requisite forensic pathologists, but eventually decided to appoint two pathologists who lack certification in forensic pathology.
"I don't know if anyone is worried," Wilkins said.
But Wendy E. Parmet, professor of public health law at Northeastern University School of Law, said she found the commission's beginning actions very troubling.
"I think it is very troubling because the forensic pathologists are the representatives on that commission most professionally qualified to pass judgment on who to hire as the new chief medical examiner," she said. "It's additionally troubling, given the history of the medical examiner's office, because with all the problems there, you really want this done right."
In a prepared statement, the Romney administration said, "We did the best we could to find board certified forensic pathologists but the ones we located were either in the medical examiner's office or had ties to the medical examiner's office which compromised their objectivity. So we did the next best thing, appointed board certified pathologists with superb credentials. We are confident they will do an excellent job."
Nicole St. Peter, a Romney spokeswoman, declined to comment beyond the statement.
A forensic pathologist, who asked not to be named, said in an interview that during autopsies, forensic pathologists are trained to conduct a battery of tests and examinations for evidence of disease or injury in cases of "unnatural" or "suspicion" deaths. A pathologist focuses on structural changes caused by disease or injury.
Romney made no mention of the lack of forensic pathologists on the commission on Monday when he introduced and swore into office commission members at a State House news conference. The governor was asked by a reporter, "Are the forensic pathologists on this commission certified as required by statute?"
In response, Romney turned to the newly sworn-in commission members and asked, "Are there any forensic scientists on this commission that are not board certified?"
After a moment of silence, Romney smiled, and replied, "They are all certified."
Romney, presiding over the news conference, did not open up the session for questions directly to the commission members.
In addition to recruiting a new medical examiner, the commission is tasked with drafting guidelines for that office's operation, according to Romney's announcement on Monday.
Later in the news conference, Romney took credit for taking steps to revive the commission after it had become moribund under his predecessors, even though state law requires that the commission meet and nominate three candidates for chief medical examiner before the governor can make an appointment.
"This thing has been a mess a long time and we are going to get it right," he said.
Dr. Theonia K. Boyd, one of two pathologists appointed to the commission, said yesterday she did not volunteer that she lacked board certification in forensic pathology because she thought Romney was asking if members were certified in their own specialty.
Forensic pathology and pathology are distinct specialties. Nevertheless, Boyd said, she felt qualified to serve on the board because as a board-certified anatomic pathologist, she does autopsies and occasionally has contact with the state medical examiner's office.
The other pathologist named to the board, Dr. Richard A. Smith, chief of pathology at Sturdy Memorial Hospital in Attleboro, did not return a telephone message left with his staff.
Evans is being replaced while federal and state authorities investigate his office for allegedly losing body parts and mishandling grant money.
Sean P. Murphy can be reached at smurphy@globe.com. 