Answer Brief of Appellee - Florida State University College of Law

...” She was alive when she was hit with that weapon. (R718).
All of these injuries could have been spread over a course of
many hours. (R720, 753).
Mrs. Berger also had injuries on the left side and back of
her head. A laceration behind her ear was indicative of the same
type of injury as the top of her scalp, on the left forehead
area. (R724). There was “scattered bruising all over her face
... bruising down on the front of the neck and on the side of
the neck as well.” These bruises were caused by “blows from a
fist, from knuckles and a closed fist.” During this beating,
Berger was alive. (R728). While still alive, she received a deep
laceration on the top of her head, “down to her skull,” caused
by “something similar to a shovel.” (R730). Many of her ribs
were broken, “with the assailant on top ... and kneeling down
with the knee on the chest while the strangulation is being
effected.” (R741, 742). 4 Various bruises, hemorrhaging and broken
cartilage inside of Berger’s neck indicated she was manually
strangled to death. (R736-37).
Dr. Sperry said a person will lose consciousness very
quickly, depending on “how hard and how much squeezing of these
blood vessels is being carried out ... up to thirty seconds, but
they have to continue to squeeze, though, for a period of at
4
An elderly woman’s bones will be thinner and fracture more
readily than a younger woman. (R811).
7