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This article was published 15 year(s) and 6 month(s) ago

Lynnfield ‘suicide’ autopsy remains in limbo

dliscio

December 3, 2009 by dliscio

LYNNFIELD – A special administrator appointed to oversee the mystery death case of Joan Baruffaldi, a Lynnfield veterinarian who purportedly killed herself in the Virgin Islands last month, is mulling whether to seek a second autopsy because the woman’s family believes she was murdered by her husband.The outcome rests with attorney David W. Eppley, a director at the Boston law firm of Rackemann Sawyer & Brewster. His practice focuses on family law, gay and lesbian issues, probate matters and negotiating settlements outside of court.Robert Harris, 47, told law enforcement authorities on the island of St. John that his 45-year-old wife hanged herself with a bathrobe sash tied to the shower curtain rod in their suite at the Westin resort Nov. 3. The couple arrived on the island at approximately 6 p.m. that day and less than nine hours later Baruffaldi lay dying at a local hospital. She did not regain consciousness and was pronounced dead Nov. 5.The couple had been arguing over a series of e-mails Baruffaldi discovered, which suggested Harris was involved in a romantic affair with a co-worker at IBM. During the month preceding the fateful Caribbean trip, Baruffaldi sought a restraining order against Harris, alleging he physically attacked and raped her in their 29 Robin Road home.Lawrence Baruffaldi, the victim’s father, brought a wrongful death lawsuit against Harris in Middlesex Superior Court. Donald McNamee, the Baruffaldi family attorney, successfully petitioned the court to prevent Harris from having his wife’s body cremated. “That would have destroyed any remaining evidence that he killed her,” McNamee said.The court removed Harris as executor of his wife’s multi-million-dollar estate and named Eppley, who has yet to order a second autopsy. The first autopsy, conducted in the Virgin Islands, listed the cause of death as suicide.”We want to get this done as quickly as possible due to the condition of the body,” McNamee said Wednesday, noting that Baruffaldi’s body was embalmed and is held in the basement of the George Doherty Funeral Home in Somerville pending court action. “Bodies are routinely exhumed long after burial for the purpose of autopsy, but we would like to see this resolved soon for the sake of the family.”Eppley was brought into the case because his name appears on a list of special administrators used by the state superior courts on such occasions. He was appointed by Essex Probate and Family Court Judge John Cronin and given powers to make key decisions regarding Baruffaldi’s estate.During an appearance last Friday before Middlesex Superior Court Judge Gary V. Inge, Eppley said he needed time to review the case. “I’m not in a position today to make any decisions,” he told the court where the wrongful death suit was filed.If an autopsy is ordered, the Baruffaldi family has asked that it be conducted by Dr. Michael Baden, former chief medical examiner for New York City, current chief of forensic pathologist for the New York State Police, and host of the HBO television series “Autopsy.”McNamee said Harris stands to inherit millions of dollars from his wife’s estate, which includes insurance policies, a lucrative North Reading veterinary clinic, their Lynnfield house, a Maine vacation home and other real estate. “There are a lot of unanswered questions,” he said, citing for example how a 128-pound woman could have (hanged) herself from a shower curtain rod designed to support a maximum of 80 pounds.”Kevin Reddington, Harris’ attorney, told reporters last week that second autopsies are inherently suspect. However, if one is ordered, it should be performed by an independent physician and be videotaped.

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