With autopsy, testimony errors, it’s a good time for Tarrant medical examiner to leave

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Dr. Nizam Peerwani is leaving the Tarrant County medical examiner job as something of a legend in his field. In more than four decades on the job, he drew attention around the world for his work, including on cases as infamous as the Branch Davidian fire near Waco.

But his decision to retire at the end of September, announced Friday, is well-timed. Too many questions are swirling around his office’s operations, with the very real chance that criminal cases have been at least complicated, if not compromised, over sloppy work.

It’s a chance, too, for the county Commissioners Court to reconsider Peerwani’s unusual employment arrangement and to thoroughly examine the medical examiner office for efficiency, accuracy and transparency.

Peerwani’s longtime top deputy, Marc Krouse, recently left the office after an audit unveiled autopsy errors in dozens of cases. Star-Telegram reporter Nichole Manna found at least 40 homicide cases in which prosecutors filed disclosures about Krouse’s work, opening the door for defense attorneys to raise questions before judges and juries about evidence.

And on Tuesday, Tarrant County defense attorneys called for an independent review of the office, noting a judge’s recent finding that Peerwani had given inaccurate and misleading testimony in a 2006 murder case that resulted in a conviction. County Judge Glen Whitley said Friday that the Dallas County district attorney’s office is involved in reviewing some cases and the impact of autopsy errors.

That’s a good start, and Peerwani’s departure gives county officials a natural opening to thoroughly review the medical examiner office’s structure and operations. For years, Peerwani has operated under an unusual arrangement in which his company is paid as a contractor, and the company pays Peerwani and his top medical deputies. It’s periodically drawn questions about legality and effectiveness, but county officials have steadfastly said the arrangement is legal and useful.

Perhaps with Peerwani in charge that’s been true, but now is the time to consider a more traditional structure. Very few large counties have such an arrangement. The medical examiner and top officials in his or her office should be county employees, for the sake of accountability and transparency.

Whitley told the Star-Telegram Editorial Board that such questions would be part of the process of hiring a new ME, and he expects commissioners to consider changing the office’s structure.

“We’ll look at those alternatives and try to understand if there’s benefits to the way we’ve done it in the past, but you also have to scratch your head and say, ‘If everyone else in the country is doing it as an employee, why do it this way?’ ” said Whitley, a Hurst Republican.

The county plans to hire a search firm to look broadly for Peerwani’s replacement. The job requires specialized knowledge and management ability. A good ME has to be independent but also able to work effectively with police, prosecutors and defense teams. Finding the right fit will take a detailed search.

“Medical examiners, good ones, are very difficult to find,” Whitley said.

He added that there are no likely internal candidates for the post. That’s probably for the best; given the recent concerns, a clean break from the Peerwani era is necessary. That’s not to say everything must change. Tarrant County contracts with several smaller jurisdictions, including Parker and Johnson counties, to provide ME services, and there’s no reason that shouldn’t continue.

As investigations unfold, we may learn of more trouble in Peerwani’s office in recent years. His long service to the county deserves a significant tribute, but his departure is for the best.

The county now has a chance to root out any ongoing problems and retool the office for the future. Commissioners should insist on a fearless investigation so they can make the most of the opportunity.