Answer Brief of Appellee - Florida State University College of Law

was a lot of bruising in the area above and below the placement
of the gag over her mouth. (R706). Berger was alive when the gag
was placed around her mouth due to evidence of the bruising.
(R707). There were injuries inside of her mouth due to the
pressure of her lips against her teeth. (R708). The gag was so
tight, Dr. Sperry could not get a finger underneath it. 3 It would
have been “ ... impossible, to speak, to yell, to say anything.”
(R710). By being gagged, it was “more difficult to breath ...
one of the most intense anxiety-producing feelings ... a human
being can really sustain ... it heightens the feelings of fear
and heightens the sensation of pain ...” (R714). The contusions
and bruises were consistent with “being beaten by fists and
struck multiple times ...” (R715). She would not have been
unconscious when she received these facial injuries. (R716-17,
718). The ligatures were very tight on her wrists. (R752). He
could not get his finger underneath the loops around either
wrist; “ ... they would have been very painful and
uncomfortable.” The circulation to her hands would have been cut
off; her arms and hands would have experienced muscle spasms.
(R752). The deep laceration at the top of her head may have been
caused by a shovel or “something like that or very, very similar
3
Ms. Berger’s wrists were tied tightly behind her back. (R752).
The binding left a groove in her wrists. (R752). The cord used
to tie Ms. Berger up was consistent with cord found at Hoskins’
house. (R679).
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