The prosecution argued that Chloe’s cause of death was Shaken Baby Syndrome (SBS), and the manner of death was a homicide. The prosecution’s case was built primarily on the testimony provided by Dr. Steven Hayne and the ER staff that was present on the night Chloe died.

On February 22, 2002, Dr. Steven Hayne performed an autopsy on Chloe’s body. Dr. Hayne concluded that his autopsy findings were “consistent with Shaken Baby Syndrome.” Dr. Hayne stated: “It would be consistent with a person violently shaking a small child. Not an incidental movement of a child, but violently shaking the child back and forth to produce the types of injuries that are described as shaken baby syndrome, which is a syndrome known for at least forty-five years now. . . .We’re talking about very violent shaking.” According to Dr. Hayne, at the time of Jeffrey’s trial, the child’s symptoms pointed clearly to SBS.

Dr. Hayne also provided testimony which worked to boost the prosecution’s claims of sexual assault. He testified that the child had a one-inch-long contusion on her rectum, which, he explained, was “consistent with penetration of the rectum with an object.” Hayne misspoke at trial with regard to the measurement of the contusion. His autopsy report lists that contusion as measuring one centimeter. It is important to note that the autopsy report made no mention of a sexual assault.

Dr. Hayne clarifies his opinion. He does not support prosecution’s claims. 

In April of 2009, Hayne provided a declaration stating that there was no sufficient evidence to conclude that a sexual assault had taken place. Hayne stated that the one centimeter contusion found in the infant’s anus had numerous potential causes. Hayne concluded that there was absolutely no proof to suggest that Chloe’s death was the result of any sexual act.

In June of 2013, an article was published in the Clarion Ledger newspaper regarding several cases, including Havard’s, involving the testimony of Dr. Steven Hayne. The article reads, in pertinent part: “At trial, [Hayne] testified the baby’s death was a homicide, consistent with shaken baby syndrome. But Hayne now disavows that conclusion, saying biochemical [sic] engineers believe shaking alone doesn’t  produce enough force to kill.”

This was the first indication that Dr. Hayne was possibly backing away from his trial testimony regarding Shaken Baby Syndrome. Following publication of the above article, Havard’s counsel met with Dr. Hayne in order to ask him about the article and his opinions regarding Shaken Baby Syndrome in this case. 

Dr. Hayne executed an Affidavit in July of 2013, reiterating that he formed no definitive evidence of sexual abuse based upon his findings in the Havard case. With respect to Shaken Baby Syndrome, Hayne stated: “At trial, I testified that the cause of death of Chloe Britt was consistent with Shaken Baby Syndrome. Recent advances in the field of biomechanics demonstrate that shaking alone could not produce enough force to produce the injuries that caused the death of Chloe Britt. The current state of the art would classify those injuries as shaken baby syndrome with impact or blunt force trauma.” These statements were made with a reasonable degree of medical certainty. 

Hayne clarified in another affidavit in August of 2014, that he specifically told prosecutors on more than one occasion prior to trial that he could not support a finding a sexual abuse. This information was withheld from the defense, which is a Brady violation.

Unfortunately, Steven Hayne’s career has been tarnished by alleged misconduct. In August 2008, Mississippi barred Hayne from doing any more autopsies in the state. According to The Agitator, the Mississippi legislature passed a bill specifically aimed at keeping him from ever being used by prosecutors in the state again.  

It is good to see Hayne making the effort to correct the errors he made in Jeffrey’s case. Hopefully, his efforts will be the first step in a long process to help repair the damage he has caused throughout his career. 

DR. STEVEN HAYNE’S AFFIDAVITS

July 22, 2013: Affidavit of Dr. Steven Hayne

August 19, 2014: Affidavit of Dr. Steven Hayne

NEWS STORIES ON DR. STEVEN HAYNE

Dark tale of ‘The Cadaver King and the Country Dentist’ brings false convictions to light (podcast) (ABA Journal; March 7, 2018)

Controversial medical examiner backs off ‘shaken baby’ claim in death penalty case (The Washington Post; August 16, 2017)

Pathologist: No evidence death row inmate abused child (Clarion Ledger; August 20, 2014)

New case again demonstrates duplicity of embattled Mississippi medical examiner (The Washington Post; May 15, 2014)

Washington Post Reports on Controversial Medical Examiner Dr. Steven Hayne (Mississippi Innocence Project; May 15, 2014)

The Fifth Circuit turns its back on a huge forensics scandal in Mississippi (The Washington Post; February 28, 2014)

Science questioned in shaken-baby conviction (USA Today; January 19, 2014)

Call for review of Dr. Steven Hayne’s testimonies (WLBT; June 17, 2013)

Mississippi Supreme Court Tosses Steven Hayne Medical Examiner Testimony In Murder Case (HuffPost; April 12, 2013)

Hayne defends record as state pathologist (WAPT; February 8, 2013)

Canned Forensic Pathologist Steven Hayne Stands by His Work (Reason; January 8, 2013)

Despite Evidence From Discredited Medical Examiner, Mississippi’s Jeffrey Havard Nears Execution (Huff Post – The Blog; January 29, 2013)

Mississippi Inmate Faces Execution Despite Questionable Evidence from Overworked Medical Examiner (Death Penalty Information Center; January 10, 2013)

Questions Left for Mississippi Over Doctor’s Autopsies (The New York Times; January 7, 2013)

Despite Discredited Expert, Miss. Execution Marches Forward (Reason; November 30, 2012)

Despite Evidence From Discredited Medical Examiner, Mississippi’s Jeffrey Havard Nears Execution (George C. Cochran Innocence Project; November 30, 2012)

Despite Evidence From Discredited Medical Examiner, Mississippi’s Jeffrey Havard Nears Execution (HuffPost; November 29, 2012)

No forensic background? No problem (NBC News; April 17, 2012)

Flawed Autopsies Send Two Innocent Men To Jail (NPR; February 2, 2011)

Medical Examiners Lack Qualifications, Competence, Oversight (Prison Legal News; January 15, 2011)

Steven Hayne, Expert for the Defense (Reason; January 2, 2011)

Hayne Reviewing Hinds Autopsy (Jackson Free Press; December 29, 2010)

The Continuing Saga of Steven Hayne (Reason; December 6, 2010)

Mississippi Poised To Hire First State Medical Examiner in 15 Years (Reason; October 15, 2010)

Mississippi AG Jim Hood Still Actively Supporting Steven Hayne (Reason; March 12, 2010)

Innocence Project reviews Hattiesburg cases (The Natchez Democrat; September 13, 2008)

Mississippi CYA (Reason; August 6, 2008)

Mississippi Official Fires Dr. Hayne, Then Praises Him (Reason; August 5, 2008)

Dr. Steven Hayne Is Done (Reason; August 4, 2008)

More from Mississippi (Reason; June 26, 2008)

Update in Mississippi (Reason; June 25, 2008)

“In Mississippi, the Cause of Death Is Open to the Highest Bidder” (Reason June 5, 2008)

Updates in Mississippi (Reason; May 5, 2008)

Oliver Diaz, Jr. (Reason; May 4, 2008)

Jackson’s Clarion-Ledger Confronts Dr. Hayne (Reason; April 28, 2008)

The Case of Henry Moses: Another Dr. Hayne Debacle (Reason; April 13, 2008)

Hayne Responds (Reason; April 9, 2008)

Innocence Project Files Complaint to Revoke Dr. Hayne’s Medical License (Reason; April 8, 2008)

Former Mississippi Official Calls for Overhaul of Autopsy System (Reason; March 31, 2008)

Hattiesburg American Calls for Investigation of Hayne (Reason; March 8, 2008)

Head of Mississippi Prosecutors Association Says He’ll Refuse Open Records Request (Reason; March 6, 2008)

More From Mississippi (Reason; March 5, 2008)

Mississippi AG Jim Hood: Forrest Allgood a “Straight Arrow” (Reason; March 3, 2008)

Mississippi Supreme Court Considering Two Death Penalty Cases Involving Dr. Steven Hayne (Reason; March 2, 2008)

The A.P. on Mississippi’s Forensics Problems (Reason; March 1, 2008)

The Bite-Marks Men (Reason; February 25, 2008)

Mississippi Gets an “F” in Transparency (Reason; February 24, 2008)

The Hayne, West Taint Spills Into Louisiana, Too (Reason; February 21, 2008)

Jackson’s Clarion-Ledger Editorializes on MS Forensics (Reason; February 19, 2008)

President of Mississippi State Medical Association Denounces Dr. Hayne (Reason; February 15, 2008)

Innocence Project Calls for Investigation Into Dr. Hayne (Reason; February 14, 2008)

Innocent in Mississippi (Reason; November 5, 2007)

Death Investigation Deficiencies (Reason; October 29, 2007)

CSI: Mississippi(Reason; October 8, 2007)

Reason Cited by Mississippi Supreme Court (Reason; January 8, 2007)

The Case of Cory Maye (Reason; October 1, 2006)

VIDEOS ON DR. STEVEN HAYNE

PODCASTS ON DR. STEVEN HAYNE

Free Thoughts Ap. 231: Forensics, Pseudoscience and Criminal Justice

Radley Balko and Tucker Carrington, authors of The Cadaver King and the Country Dentist, join Libertarianism.org to discuss forensic science and the criminal justice system. With host Trevor Burrus, they also discuss structural racism, Mississippi’s inadequate death investigation system and the relationship between police, prosecutors and forensic analysts. (Libertarianism.org; March 23, 2018)

Dark tale of ‘The Cadaver King and the Country Dentist’ brings wrongful convictions to light

For nearly two decades, Dr. Steven Hayne and Dr. Michael West were the go-to experts that Mississippi law enforcement and prosecutors relied on when there was a potential homicide. Haynes performed the bulk of the autopsies in the state, while West was a dentist who touted his skill in bite-mark analysis. But after years of investigations and countless testimonies from the men, their claims of expertise began to fall apart–and wrongful convictions began coming to light.

Tucker Carrington (coauthor of The Cadaver King and the Country Dentist), the founding director of the Mississippi Innocence Project and Clinic at the University of Mississippi School of Law, joins the ABA Journal’s Lee Rawles for this episode of the Modern Law Library. (LegalTalkNetwork; March 7, 2018)