Investigators seized '900 plus' case files from medical examiner's office, emails show

Authorities have seized more than 900 case files from the Nueces County Medical Examiner's Office, a significant broadening of scope in a months-long probe by local and state investigators, county emails obtained by the Caller-Times show.

The investigation, which legal experts said could negatively impact criminal cases for which the office conducted autopsies, has resulted in three arrests: Dr. Adel Shaker, the former chief medical examiner; Dr. Sandra Lyden, Shaker's former deputy chief medical examiner; and an office administrator.

Many details surrounding the investigation and the cases seized are unclear.

District Attorney Mark Gonzalez declined to answer questions about the expanded investigation, including why and when the 900-plus cases were seized, how far back the cases date, what types of cases are being investigated or which medical examiner performed the autopsies for said cases.

"Unfortunately, I can confirm their cases are pending and therefore we cannot comment on a pending case," Gonzalez said Friday in an email to the Caller-Times.

Investigators first seized documents from the embattled office in February, shortly after a Corpus Christi Police Department investigator accused the former deputy chief medical examiner, Lyden, of practicing without the proper license from the Texas Medical Board.

At the time, a judge signed a warrant permitting investigators to seize more than 30 case files for autopsies and services performed by Lyden.

A May 2 email from Chief Prosecutor Angelica Hernandez to the Nueces County Commissioners Court manager and the medical examiner's office administrator, Alex Medina, shows investigators have since seized "900 plus" case files from the office.

In the email chain, the court manager asked Medina to work with Hernandez to obtain any copies of case files needed to issue death certificates or "other related documents." Hernandez responded, saying the medical examiner's office had received copies of the 30 cases.

Hernandez continued, writing, "If you are talking about the 900 plus case files which were taken, the request for specific copies should go through the same channel as the request for the 30 case files."

Hernandez wrote the district attorney's office would no longer communicate with Medina in the May 2 email, saying, "This conversation with Miss Medina is becoming redundant (and) unproductive.”

"From this point forward, our office will only take communication or requests or concerns directly from the Chief Medical Examiner or Acting/Temporary Chief Medical Examiner," Hernandez wrote. "We do not feel Ms. Medina is working in the best interest of the ME's office or our investigation."

When investigators seized the more than 900 cases is unclear. Gonzalez declined to disclose that information.

Two days after the email from Hernandez, Texas Rangers arrested Medina on a warrant charging her with making a false statement to authorities, a Class B misdemeanor. An arrest warrant affidavit sworn by the Ranger accused Medina of lying about whether Lyden had a Texas medical license.

Medina's attorney, Eric Perkins, told the Caller-Times his client intends to plead not guilty to the charge, which he says has not yet been filed by the DA's office. He also scrutinized the timing of the arrest, characterizing the investigation into Medina as "questionable."

"When (Medina) is given an opportunity to actually confront the charges that have been innuendo-ed against her so far ... she absolutely intends to plead not guilty," Perkins said. "She is a vigorous defender of what she did there at that office."

Dr. Ray Fernandez, the interim chief medical examiner, declined to answer questions about Medina's current employment status, saying personnel issues are confidential.

Perkins said Medina was placed on administrative leave with pay last week.

Arrested in April, Shaker is accused of criminally delegating authority to a physician, Lyden, knowing the act was in violation of the Texas Occupations Code because she did not possess a state license to practice, according to an arrest affidavit for Shaker.

Shaker faces 17 counts of practicing medicine in violation of a section of the Texas Occupations Code. A week after his arrest, the Commissioners Court accepted his resignation and appointed an interim chief medical examiner.

Lyden was charged with 14 counts of practicing medicine without a license causing financial harm, six counts of tampering with a government record with intent to defraud or harm, and one count of misrepresentation regarding entitlement to practice medicine. Shaker terminated her employment in January.

A majority of the charges faced by Shaker, Lyden and Medina relate to whether Lyden was licensed by the Texas Medical Board to practice and their alleged attempts to hide that information from investigators.

The fallout of the investigation is not confined to the medical examiner's office. The arrests have led the Commissioners Court to reevaluate employee policies for all county employees.

Civil litigation is also on the horizon for the county. Last month, a South Texas law firm notified Nueces County of a coming lawsuit from a mother accusing the medical examiner's office of mishandling the autopsy of her son.

Gonzalez, the district attorney, declined to answer whether the son's case was among the 900-plus cases seized by investigators, citing the ongoing investigation.

Chase Rogers covers local government and industry in South Texas. Contact him at chase.rogers@caller.com or on Twitter @chasedrogers.

This article originally appeared on Corpus Christi Caller Times: Probe into ME's office greatly expanded since February, emails show