Gardner Direct
Introduce yourself.
• Good [morning/afternoon/evening], my name is Dr. Reese Gardner.
Do for a living?
• I am a medical doctor with an emphasis in toxicology. I currently work as a consultant in cases
related to toxicology as it pertains to product liability or negligence.
What’s toxicology?
Toxicology is an area of science where we study the adverse effects of chemicals,
especially the symptoms and treatments of poisoning.
Could you describe your professional experience with toxicology?.
• Sure, I earned my Medical Doctorate with an emphasis in toxicology from Harvard University.
I was the Director of Pharmacology at Saint Sebastian’s Hospital in Los Angeles for 9
years, I also taught Pharmacology courses at Johns Hopkins Medical school. I’ve even
been published over 50 times on topics pertaining to toxicology.
Why are you here today, Dr. Gardner?
As an experienced toxicologist I was hired in June 2010 by the HappyLand Toy
Company to assess the circumstances surrounding Joey Davis’s death.
How did you prepare?
• As is usual for consultants, I reviewed relevant affidavits and medical documents.
Were you compensated for your work?
-no shit.
Now earlier today we heard from Joey Davis’ attending physician, Dr. Chase Tuchmont. Are you
familiar with Dr. Tuchmont?
• Yes. I reviewed his affidavit and all of the medical documents that he prepared.
Do you have an opinion on Dr. Tuchmont’s conclusions regarding today’s case?
I do.
In making that opinion, did you use methods typically relied upon by experts in your field?
• Yes, reviewing medical documents along with the recorded observations of witnesses is the
typical method doctors use to review each other’s work.
Did you have sufficient facts/data in order to reach a conclusion?
• Of course. I had all of the facts that Dr. Tuchmont recorded both in the medical records and in
his affidavit. If he was thorough, I have all of the information that he did.
What was your conclusion, Dr. Gardner?
• After examining all of the facts surrounding Joey Davis’s death, I believe that there is simply
not enough evidence to support Dr. Tuchmont’s conclusion. He grossly overstates the
likelihood that Princess Beads caused Joey Davis’ death.
What exactly do you mean he overstates the likelihood?
While it is certainly possible that Joey died from GHB as a result of Princess Beads, it is
not at all as certain as Dr. Tuchmont says it is. There a number of problems with this theory and
there are a number of other possible causes of death, that Dr. Tuchmont does not mention.
You say “possible causes,” Dr. Gardner. Were you able to determine what was the cause of death
in this case?
No, and that is precisely the point. There is simply no one theory that completely explains
what happened to Joey Davis on August 8, 2009.
Well why don’t Princess Beads explain what happened?
Well there are two significant problems that cannot be reconciled with the Princess Beads
theory. First, the GHB in Joey Davis blood was less than half of the amount that has ever been
shown to be fatal and the timing of his symptoms is not consistent with GHB poisoning.
Why was the GHB levels in his blood is a problem for Princess Beads theory?
• Based on every case study and all the research that exists, Joey would have needed to swallow
around 50 beads to cause death. Joey only swallowed 25. Simply not enough to cause his
death.
What about the timing of his symptoms?
Assuming that the toxins in Joey’s system were contained in his vomit once he threw up at
around 12:37 we would expect his worst symptoms to occur around that time or within 45
minutes
When did Joey exhibit his worst symptoms?
That’s what’s so strange. Worst symptoms at around 2pm around 85 minutes after which is not
consistent with GHB causing his death.
So what were the other possible causes?
There are four possible causes that Dr. Tuchmont does not mention. First, there is the possibility
that Joey had an undiagnosed respiratory illness.
Is there any evidence of this?
Joey’s 2nd birthday his doctor referred him to a respiratory specialist. But the Davis family did
not ever take Joey to meet with the specialist. Joey exhibited the symptoms of such an illness
including coughing, wheezing, prolonged shortness of breath, and episodic attacks. In fact, the
respiratory arrest that caused his death is itself indicative of a respiratory illness.
What is the second?
•
Joey Davis may have suffered from a genetic condition known as succinic semialdehyde
dehydrogenase deficiency or SSDD.
Wow. Dr. Gardner, what is that?
SSDD is a condition that leads to natural overproduction of GHB. You see the body
naturally produces some small trace amount of GHB, but people suffering from SSDD
produce much much more.
Can SSDD be ruled out as a possible cause of death?
•
No. Joey Davis had not had any bloodwork done in the year before he died. SSDD
can start at childbirth or later in life and its impossible to know for certain if Joey had naturally
high levels of GHB.
Third possible cause?
•
The GHB could have come from a product other than princess beads. GHB is a very
common chemical in household products, so Joey Davis could have ingested the GHB from any
number of things in the Davis household.
Like what, Dr.?
•
Most nail polish removers, many paint thinner, some wood cleaners such as Pledge,
even plastic bottles all contain GHB or its precursors.
Can you rule out alternative sources of GHB?
•
Dr. Tuchmont didn’t collect or test any other objects from the Davis home. He only
examined the Princess Beads, ignoring all other possible sources of the GHB.
Final possible cause of death.
•
The final alternate theory is that Joey Davis may have died from asphyxiation, that is
prolonged chocking resulting in respiratory arrest.
What indicated to you that asphyxiation might be a possible cause of death?
•
The symptoms Joey Davis exhibited – loss of consciousness, seizures, coma, finally
ending in death, fit asphyxiation. Additionally, the autopsy revealed that Joey’s esophagus
displayed inflammation and abrasions. This is often a sign of choking on a foreign object, which
was not what Dr. Tuchmont concluded Joey did.
You mentioned earlier that you could not determine which one of these possibilities was the
cause of death. Why was that?
While all of this theories are imperfect; they are all still possibilities. No one theory meets the
threshold for scientific certainty. Some are more likely than others but we simply cannot rule any
of them out.
So were Princess Beads a likely cause of death?
Not exactly. It’s a lil mo complicated dan dat. I brought a demonstrative to show you.
Oh awesomesauce. Permission for witness to step down.
Dr Gardner, could you explain this chart?
Well sure. This is a pie chart showing the breakdowns of each theory by their likilhood
of being the cause of death.
So were Princess Beads a likely cause of death?
Well… They were more likely than any other single cause, but when you look at all the
possibilities, there isn’t enough evidence to say it is more likely than not the cause.
Well, Dr. Gardner, can you explain what you mean?
As you can see, Princess Beads are the largest slice of the pie; but they are just one of many
slices. In science we must look at the totality of the facts. Princess Beads are the largest slice of
pie, BUT, but it doesn’t make-up more than half of the pie of possibilities.