EXCLUSIVE: Austin Watchdog Accuses Ector County Medical Examiner Of Illegal Activity
By: Jenne Anderson
Updated: March 4, 2013
ECTOR COUNTY-- Document consultant David Fisher is coming forward with big accusations, specifically against the Ector County Medical Examiner.
"Under the Texas Constitution article 16 section 40, no one may hold more than one appointment at the same time," explained Fisher. "Unless you're a listed officer or individual under the constitution."
Fisher says this situation applies to Dr. Nathan Galloway because he currently serves as the Ector County Health Authority, as well as the Ector County Medical Examiner.
"Since he (Dr. Galloway) holds 2 appointments, the latter appointment voids the first," stated Fisher. "So when he was named the Health Officer in 2004, it voided his appointment as medical examiner. And that's never been corrected."
Fisher believes that since Dr. Galloway cannot lawfully serve as the Medical Examiner, all of the acts performed by him and his office aren't official.
This includes numerous autopsies, like the one recently ordered in the Max Shatto case.
"The autopsy was illegally ordered," said Fisher. "It may not be used in any criminal proceeding under both the state's constitution and the federal constitution."
We reached out to Ector County District Attorney Bobby Bland who says, "As far as I'm concerned this autopsy is legitimate."
Even though Fisher recently filed a State Bar Complaint against Bland for "aiding a criminal conspiracy,"
Bland doesn't seem too concerned, saying these accusations have already been addressed.
"We've worked some of those issues before in court cases," stated Bland. "And they've been ruled on in our favor. They've withstood scrutiny on appeal."
Bland tells us he hasn't received the complaint yet, but chastises Fisher for using the recent Max Shatto case to prove a point.
"We're working on a case of a 3 year old child," explained Bland. "And for somebody to use it for some other purpose than that, I think is unacceptable."
But Fisher says it's not about the Shatto case specifically- it's about following the law.
"Laws are only as good as the honesty of the people charged to enforce them," said Fisher.
This isn't the first time that David Fisher has made allegations about Medical Examiners in the state of Texas.
In 2009 he filed a complaint against El Paso County Medical Examiner Dr. Paul Shrode, which ultimately led to Shrode being fired in 2010.
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"Under the Texas Constitution article 16 section 40, no one may hold more than one appointment at the same time," explained Fisher. "Unless you're a listed officer or individual under the constitution."
Fisher says this situation applies to Dr. Nathan Galloway because he currently serves as the Ector County Health Authority, as well as the Ector County Medical Examiner.
"Since he (Dr. Galloway) holds 2 appointments, the latter appointment voids the first," stated Fisher. "So when he was named the Health Officer in 2004, it voided his appointment as medical examiner. And that's never been corrected."
Fisher believes that since Dr. Galloway cannot lawfully serve as the Medical Examiner, all of the acts performed by him and his office aren't official.
This includes numerous autopsies, like the one recently ordered in the Max Shatto case.
"The autopsy was illegally ordered," said Fisher. "It may not be used in any criminal proceeding under both the state's constitution and the federal constitution."
We reached out to Ector County District Attorney Bobby Bland who says, "As far as I'm concerned this autopsy is legitimate."
Even though Fisher recently filed a State Bar Complaint against Bland for "aiding a criminal conspiracy,"
Bland doesn't seem too concerned, saying these accusations have already been addressed.
"We've worked some of those issues before in court cases," stated Bland. "And they've been ruled on in our favor. They've withstood scrutiny on appeal."
Bland tells us he hasn't received the complaint yet, but chastises Fisher for using the recent Max Shatto case to prove a point.
"We're working on a case of a 3 year old child," explained Bland. "And for somebody to use it for some other purpose than that, I think is unacceptable."
But Fisher says it's not about the Shatto case specifically- it's about following the law.
"Laws are only as good as the honesty of the people charged to enforce them," said Fisher.
This isn't the first time that David Fisher has made allegations about Medical Examiners in the state of Texas.
In 2009 he filed a complaint against El Paso County Medical Examiner Dr. Paul Shrode, which ultimately led to Shrode being fired in 2010.
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