Autopsy doctor testifies to brain swelling as trial for death of Tina Seminara continues

Photo: Casey Richardson

Roderick Flavell leaving Penticton court in April 2022.

Autopsy testimony dominated the fifth day of Roderick Flavell's manslaughter trial in Penticton Friday.

Flavell's wife Tina Seminara, 61, was found unconscious and injured in their family home on April 8, 2020, surrounded by upended furniture and broken glass.

Crown prosecutors are now attempting to prove that Flavell caused the severe brain damage that led to her eventual death. Previous testimony has included a friend saying Flavell told her what happened was "not an accident," and a text message sent by Flavell that night asking a neighbour to call 911 because his wife "may need help."

Flavell has pleaded not guilty to manslaughter.

The Crown's case began Monday, and was expected to conclude Friday with their final witness, Dr. Jason Doyle. Doyle is the pathologist who conducted Seminara's autopsy after she was determined brain dead and taken off life support.

Court heard that Seminara had "numerous" minor injuries and bruising at the time of her autopsy indicative of blunt force trauma, specifically to the face, jaw and neck, as well as a deep cut on her shin.

Doyle testified that her brain had evidence of edema, commonly known as swelling.

"If the brain swells too much past a certain threshold then the blood supply to the brain can be interrupted,” Doyle said.

He determined in his autopsy report that there were "no other natural causes present" for her death other than "hypoxic-ischemic encephalopathy (HIE)," which in layman's terms means decreased oxygen, decreased blood supply and death of nerve cells in the brain leading to the shutdown of the body's organs.

That can be caused by trauma; however, when questioned, Doyle noted that there are other possibilities.

"Blunt force trauma may have been the underlying cause to this brain injury but I cannot be certain," Doyle said.

"The underlying cause of the HIE is undetermined."

Doyle also said he could not say for certain what level of force could have been used to cause the bruising and injuries seen on Seminara's body at the time of autopsy, given that it was more than a week since the injuries were obtained.

Lawyers for Flavell had questions about the chain of custody of what bodily fluids from Seminara were tested, and whether a lengthy seizure could result in a similar HIE brain injury — the answer being yes.

Crown prosecutor Andrew Vandersluys said he was not in a position to conclude his case Friday afternoon, so the trial will resume Wednesday. Crown will wrap up its arguments before Flavell's lawyers present their case.