Dr. Gabino Cuevas, Director of Clinical and Anatomical Pathology,
Who Testified At Paul's Trial, Now Agrees With Dale Nute's Crime Scene

Dr. Gabino Cuevas
Director of Clinical and Anatomical Pathology
Bethesda Memorial Hospital
2815 S. Seacrest
Boynton Beach FL 33435

August 31, 1994

Judith Dougherty
1533 S. Monroe Street
Tallahassee, FL 32301

Re: Paul William Scott

Dear Ms. Dougherty:

As you are aware, I testified as the State's medical examiner at Paul Scott's trial. I have recently examined the evidence introduced during the trial, my autopsy report, autopsy photographs, the Broward County Sheriff's crime scene report, and my previous testimony. I have also reviewed some new materials including Dale Nute's crime scene report, and some photographs of the scene which were not introduced into evidence at the trial. I now feel that I am in a position to address some of the questions you asked me regarding this case.

My testimony from Mr. Scott's trial indicates that the instrument used to strike the fatal crushing blows had a 135 degree angle. That is still my opinion today. At the trial I was not asked to identify a murder weapon nor do I recall being aware of allegations that Richard Kondian had struck the victim with a champagne bottle. The 135 degree angle, to which I testified at the trial, and the photograph of a bloody circle at the crime scene would both be consistent with a champagne bottle being the object used to strike the fatal crushing blows.

Numerous objects introduced into evidence at Paul Scott's trial appear to have been used to strike the victim. However, it is my opinion that none of the items which were in fact the instrument which caused the fatal crushing blows to the head. The bear statue is the only object introduced into evidence at trial which would have the requisite shape and weight to cause the fatal crushing blows were not caused by the bear statue, since the felt base had only a few drops of blood instead of the amount of blood which would be found on the murder weapon.

The evidence does not establish whether the person who killed James Alessi was right or left handed. There is no evidence either from the autopsy I performed on Mr. Alessi or the crime scene which would allow me to make a determination regarding that matter. The blow could have been struck with either hand or with both hands.

In deaths resulting from head injury, spontaneous emission of sperm occurs in a minority of cases. However, the possibility of spontaneous emission does not establish that such an emission, as opposed to sexual activity, was the source of the sperm on the victim's penis.

I hope I have answered the questions you had regarding this case.


Dr. Gabino Cuevas