The Adam Kaufman “Spray Tan” Murder Case

     Adam Kaufman, on November 7, 2007, called 911 from his home in Aventura, Florida. Sounding hysterical, the 34-year-old south Florida real estate developer informed the dispatcher that he had awaken that morning to find his wife, Ele…

     Adam Kaufman, on November 7, 2007, called 911 from his home in Aventura, Florida. Sounding hysterical, the 34-year-old south Florida real estate developer informed the dispatcher that he had awaken that morning to find his wife, Eleonora (Lina) slumped unconscious in the bathroom, her neck draped over a bar on a magazine rack. Paramedics rushed the 33-year-old to the hospital where she died later that day.

     One of the responding officers with the Aventura Police Department touched the hood of Adam's car and found it warm. Another officer noticed that only one side of the couple's bed had been slept in. As a result, the police didn't believe Adam Kaufman when he claimed to have slept all night next to  his wife.

     Associate Miami-Dade County Medical Examiner Dr. Chester Gwen conducted the autopsy. Although the forensic pathologist found injuries on Lina's upper-back and abrasions on her chin, neck, left shoulder, and chest as well as hemorrhages in her interior neck muscles, declared her cause and manner of death "undetermined."

     Without a finding of death by homicide, the Kaufman case remained in limbo for 18 months. In May 2009, Miami-Dade County Chief Medical Examiner Dr. Bruce A. Hyma, ruled that Lina Kaufman had died by mechanical asphyxiation, that she had been strangled. The following month, the prosecutor, even though he didn't have evidence of marital strife, or a motive, charged Adam Kaufman with second-degree murder.

     At Kaufman's bond hearing, his attorneys revealed the defense version of the death: Lina Kaufman, with a history of fainting spells, had applied a spray-on tanning substance that resulted in a violent allergic reaction causing respiratory failure. When she collapsed, she fell with her neck draped over the magazine rack bar.

     Adam Kaufman's trial commenced on May 7, 2012 before Judge Brownyn Miller in Miami, Florida. A week later, following the jury selection process, defense attorney Bill Matthewman, in his opening remarks, unveiled the new defense version of Lina Kaufman's death: while sitting on the toilet she had a heart attack and fell forward with her neck hitting the bar of the magazine rack. In addressing the prosecutor's case, attorney Matthewman said, "The state's evidence cannot even prove that a homicide occurred, let alone that Adam Kaufman did it....The case is a tragedy of errors. An innocent man was charged with a non-existent crime...."

     Prosecutor Joe Mansfield, in his opening speech to the jurors, said that Lina Kaufman had been a "healthy, active woman, arguably in the best shape of her life. All of that ended because of the actions of that man, her husband."

      In this case, the outcome would come down to how Lina Kaufman had died, naturally or by the hand of her husband. That meant that the important testimony would be of a medico-legal nature.

     On May 16, Dr. Bruce Hyma took the stand for the prosecution. The Chief Medical Examiner for Miami-Dade County testified that Lina Kaufman had died from strangulation and not a heart attack. Dr. Tracy Baker, the plastic surgeon who had enhanced Mrs. Kaufman's breasts, told the jury that when he examined her a few months before her death, she was in good health. Defense attorney Albert Milian asked Dr. Baker on cross-examination if Lina could have been lied to him about her medical history. The witness answered yes.

     Dr. Chester Gwen, the former Miami-Dade County forensic pathologist who had performed the autopsy in 2007, testified that the injuries he had found on Kaufman's body had not been caused by emergency personnel who had tried to revive her. On cross-examination, Dr. Gwen admitted that in April 2012, he had said that in his expert opinion, the cause of Lina Kaufman's death was still a mystery to him. The forensic pathologist also said that Dr. Hyma, before he ruled the death a homicide by strangulation, had not consulted with him.

     Larissa Adamyan, a friend of the deceased woman, took the stand on behalf of the prosecution. As it turned out, her testimony helped the defense more than the prosecution. The witness described the relationship between the defendant and his wife as a "loving marriage." Ten hours before Lina's death, in anticipation of Adam's brother Seth's upcoming wedding, she had gotten a spray tan.

     Aventura police officer Robert Meyers took the stand and said that at the hospital the day Lina died, he overheard the defendant tell three different versions of what he had seen that morning in the bathroom. According to this witness, the defendant said he had found Lina's neck resting on the toilet bowl; her body slumped over the toilet; and her head hung over the magazine rack. On cross-examination, defense attorney Milian got the witness to admit that none of this information was included in his police report.

     Dr. Bruce Hyma re-took the stand on May 2, 2012 to explain why it had taken 18 months to declare Lina Kaufman's cause and manner of death as a strangulation homicide. The forensic pathologist attributed this passage of time to a delayed toxicological report and the fact he wanted to be sure he made the right call. On cross-examination, the defense attorney accused the medical examiner of caving in to pressure from the prosecutor to declare Lina Kaufman's death a homicide.

     Prosecutor Mathew Baldwin, during the direct examination of a friend of the deceased woman, asked if the witness had been aware that the defendant, shortly after his wife's death, had been carrying on with another woman. This question brought an objection from the defense. Judge Miller called the attorneys to the bench and excused the jury. In justifying this line of questioning, prosecutor Baldwin said, "He's [the defendant] is asking this girl out with his dead wife's wedding ring on his finger the next month in December 2007. [Lina died in November.] By January and February, they're having regular sex. He was not exactly devastated by his wife's passing. The best analogy I can think of is when Casey Anthony was getting a tattoo [after the death of her child]."

     Judge Miller asked the prosecutor if the state had evidence that the defendant had been unfaithful to his wife. The answer was no. Judge Miller ruled that the prosecution could not present evidence of the defendant's post-death dating. At his point, defense attorney Matthewman asked the judge for a mistrial on the grounds the jury had heard the question which had planted the idea in jurors' minds that the defendant had not been a good husband. Judge Miller denied the motion. She had told the jurors to disregard the question.

     That afternoon, a Miami-Dade crime scene technician testified that Lina Kaufman's fingernails contained traces of her blood and tissue, suggesting she had clawed at something around her neck. The prosecutor also called a physicist to the stand who said it would have been physically impossible for Lina to have fallen off the toilet and land with her head draped over the magazine rack. With that, the prosecution rested its case.

     On Thursday, May 24, the defense launched its case by calling Lina's mother Frida Aizman to the stand. This witness told the jury that she and her family loved the defendant, and after Lina's death they had become even closer. The witness also testified that in the weeks leading up to her daughter's death Lina had complained of headaches and feeling weak. She had tried yoga to relieve her headaches.

     Miami-Dade fire rescue captain, Joseph Carman, the first responder to enter the Kaufman house, testified that he found the defendant giving Lina CPR. According to the witness, Mr. Kaufman was wearing a t-shirt and boxer shorts. The defense presented this testimony because it was consistent with Adam Kaufman's story that he awoke after a night of sleep to find his wife collapsed in the bathroom.

     Thomas Hill, a Broward County Sheriff's Office crime scene investigator took the stand for the defense and criticized Kaufman case investigators for not collecting important physical evidence. The witness said they had failed to gather Adam Kaufman's clothing, magazines from the bathroom rack, and bedding from the master bedroom. The crime scene investigator also said he could see no evidence of a struggle in the small bathroom. "My goodness," he said, "she would have been kicking those walls in, and I don't see any of that." The witness said that if Lina had been strangled, the defendant would have had gouge marks on his arms from her trying to claw them from her neck.

     Dr. John Marriccini, the former Palm Beach County Chief Medical Examiner, testified that the forensic pathologists in the Kaufman case had overlooked Lina Kaufman's history of health problems which included heart disease. Celebrity forensic pathologist Dr. Michael Baden climbed into the witness box and said, "Lina Kaufman did not die of unnatural causes. There was no homicide, there was no murder. She died of natural causes." Dr. Baden testified that in his expert opinion, Miami-Dade County Medical Examiner Bruce Hyma had based his homicide ruling on the work of two rookie forensic pathologists who had gotten it wrong. Dr. Baden said Lina Kaufman died of an heart attack and that the injuries to her throat from hitting the magazine rack had been exacerbated by bungled resuscitation attempts by the defendant and paramedics. Following Dr. Baden's testimony, the defense rested its case without putting the defendant on the stand.

     On May 31, 2012, because the defense had portrayed the Kaufman marriage as blissful, Judge Miller allowed the prosecution to put Fara Corenblum, a rebuttal witness, on the stand. According to Corenblum, she and the defendant started an affair a month after Lina's death. The witness said she ended the twice-a-week relationship after she realized he was not ready to move on following his wife's death. For the prosecution, Corenblum's testimony, by casting a sympathetic light on the defendant, may have done more harm than good.

     Both sides made their closing arguments on Monday, June 4, 2012. The next day, the case went to the jury. At five o'clock that evening the jury returned with its verdict: not guilty.

    

from http://jimfishertruecrime.blogspot.com/