A California appeals panel has ruled the parents of a San Jose-area police officer, who died by suicide, are entitled to coroner materials they want for their own investigation into their son's death, saying public interest overrides concerns for sensitivity and privacy.
The decision was penned recently by Justice Alison Tucher, with concurrence from Associate Justices Carin Fujisaki and Ioana Petrou, of Californina First District Appellate Court. The decision favored Mustafa and Majeda Edais in their dispute with San Mateo Coroner Robert Foucrault.
The Edais couple's son, 32-year-old Munir Edais, was a police officer in the San Jose suburb of Los Gatos. On Jan. 18, 2020, he confronted his wife, Eman, with his allegation she was unfaithful, to which she responded by saying she wanted a divorce, according to court papers.
Early on the morning of Jan. 21, Eman called 911 to report finding Munir had hanged himself in their home. His parents later hired an audio analyst, who alleged a whispered voice could be heard on an enhanced recording of the call. Police and the coroner's office did not report finding anyone present besides Eman after they responded. Munir's death was ruled a suicide.
The parents then requested Coroner Foucrault furnish copies of investigative materials in the case, for their private pathologist, Dr. Judy Melenik, to examine. Foucrault provided a summary report and the pathology and toxicology reports, which were public records. However, he said the remaining materials were not public.
The parents next asked San Mateo County Judge Robert Foiles to order Foucrault to turn over everything. Foiles agreed the records in question were not public, but nonetheless exercised his authority to act on his own and ordered the investigator's report, as well as the death scene and autopsy photographs to be released.
The parents still wanted other materials and appealed Foiles' ruling.
Justice Tucher determined Foiles should have given the parents everything they wanted. Tucher acknowledged that family privacy and sensitivity are usually to be given great weight in such record requests, but not when close relatives themselves are the ones making the request.
"Members of Munir’s own family (his parents, supported by his sister) are the ones seeking these documents. It cannot be the role of the Coroner’s Office to protect these family members from themselves. In assessing the weight of the family members’ privacy interest, we consider it significant that three members of Munir’s family believe their privacy interest pales in comparison to their interest in having these documents disclosed," Tucher said.
In addition, Tucher pointed out what the family still wants are technical documents, not "graphic and unsettling images of the deceased."
Tucher added that the pathologist hired by the parents testified it's "common practice" for coroners to give records to outside forensic experts for secondary reviews.
Tucher also ruled the parents are entitled to attorney fees and court costs, which they had requested, but had been refused, in superior court.
The parents have been represented by Mark L. Mosley, of Mackenzie & Albritton, of San Francisco.
Foucrault has been represented by Brian E. Kulich and John D. Nibbelin, of the San Mateo County Attorney's Office.