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LAWSUITS NEWS & LEGAL INFORMATION

Mis-Accused of Murder

Palo Alto, CA: (Apr-23-08) The family of Nelson Galbraith brought a lawsuit against Santa Clara County, claiming that he was wrongly accused of murdering his wife after the county coroner botched her autopsy. The suit, which was originally filed by Nelson Galbraith, was taken over by his heirs after he died in 2002. The suit claimed that the Palo Alto man had been wrongfully prosecuted for murder because former county coroner Angelo Ozoa bungled the autopsy and lied about it to cover up his mistakes.

Court papers indicate that Josephine Galbraith, 76, was found dead in her home in 1995 and reports of the incident stated that she was found with slashed wrists and a sash tied around her neck. Sources close to the family stated that the woman was undergoing treatment for depression. Police officials said that they first considered her death a suicide, but the tightness of the knots indicated she had been strangled. Angelo Ozoa resigned in 1998, a year after Galbraith was charged with murder in 1997. He was acquitted by a jury a year later. Galbraith had his wife's body exhumed in 1999 and said a new examination by a coroner in Salt Lake City showed she had committed suicide. He accused Ozoa of mishandling the autopsy and lying in his report and court testimony.

As part of a settlement reached in the case, Santa Clara County has agreed to pay $400,000 and apologize to the family. Under the terms of the agreement, Josephine Galbraith's cause of death will be officially changed from homicide to suicide. [SAN FRANCISCO CHRONICLE: COUNTY TO PAY PALO ALTO MAN'S HEIRS FOR WRONGLY ACCUSING HIM OF MURDER]


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Published on Apr-24-08


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