NewburyportNews.com, Newburyport, MA

Local News

November 12, 2007

Prosecutors want court to order MRI in fraud case

BRENTWOOD - Prosecutors want a former top official with the state medical examiner's office to undergo a court-ordered MRI of her brain to determine whether she's competent to stand trial.

The request is the latest in a series of exams prosecutors have demanded for Kathrine Wieder, 52, who stands accused in three counties for abusing her office to draw in thousands of dollars in fees from area funeral homes and crematoriums.

Wieder of Newburyport, Mass., signed off on cremations without first inspecting the bodies - as required by law - according to indictments. She faces approximately 44 charges of fraud and theft. Prosecutors believe Wieder hoarded such work for years to increase her profits.

Judge Tina Nadeau will decide whether to order the brain scan within the next two weeks.

Wieder left her job as the state's chief forensic investigator in January 2005, following a state police investigation into her office. She began claiming anxiety woes in January 2006, citing "severe psychological distress" because of her pending court case. Her doctors later said Wieder was suffering from symptoms related to multiple sclerosis, according to court documents.

Wieder was recently evaluated by Dr. James J. Adams, the state's chief forensic examiner, who said he wasn't able to complete his work because Wieder "apparently dozed off several times during the evaluation," according to court documents.

Dr. Mildred LaFontaine, a state-hired neurologist, examined Wieder on Oct. 30 and asked for the MRI to complete her analysis.

"There are no prior MRIs in her medical records," LaFontaine wrote in a letter to prosecutors. "Given her history, this is a surprising omission, as MRIs are recognized as valuable tools in establishing or confirming the diagnosis and assessing for disease progression."

Nadeau already has ordered Wieder to submit to exams with a state forensic psychologist and a neurologist. Wieder was previously ordered to produce medical and mental health records, too, to support her claim of being physically and mentally incompetent.

Her lawyer, Paul McDonough, has resisted producing those records, citing his client's privacy concerns. Court documents indicate McDonough objects to the MRI exam as well.

Deputy County Attorney Tom Reid argued in court papers that the court should rely on an independent analysis of Wieder's health.



"The state seeks to find the truth," Reid wrote. "The state seeks to provide the court with as complete a report and evaluation as possible. An MRI will provide an objective test of the defendant's condition."

On Thursday, Nadeau put on hold a hearing in Rockingham County Superior Court set for Nov. 13 to determine Wieder's fitness to stand trial. The hearing is tentatively rescheduled for Jan. 23, 2008.

An investigation into practices within the medical examiner's office in late 2004 ended with Wieder indicted and one of her subordinates, Geno Nigro, serving a three-year jail term for stealing prescription drugs from the dead and forging paperwork.

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