Adam Kaufman Trial: Prosecutors Rest Their Case

May 24, 2012 — -- The state of Florida rested its case against Aventura developer Adam Kaufman Thursday morning in Miami. Moments later, defense attorney Bill Matthewman asked the judge to grant an acquittal because the state failed to prove that Kaufman is guilty of second-degree murder.

Kaufman is accused of strangling his wife Eleonora Kaufman to death in their Aventura, Fla., home. The defense maintains that the real estate developer is innocent, and that his wife died from a pre-existing heart condition.

Matthewman claimed his client can't have a fair trial because evidence favorable to him was never collected by crime scene technician Anna Howel. "The magazines and marking on the wall were critical to this case," said Matthweman. "The evidence we have now to this point is that crime scene technician Howel had an affair with Detective Angulo." Matthewman went on to remind Judge Brownyn Miller that Howel did not collect the magazines because Angulo told her not to take them into evidence.

After hearing the defense's argument for acquittal Judge Miller denied the motion and told the defense to prepare to start its case Thursday afternoon.

Chief Medical Examiner Testified

Miami Dade Chief Medical Examiner Dr. Bruce Hyma testified for more than two days at the end of the state's case. Hyma was under fire from the defense for taking 18 months before declaring the death of Elenora Kaufman as mechanical asphyxia in the matter of homicide. Hyma explained to the jury Tuesday how it took him 18 months to rule out everything he could think of that could be responsible for Elenora's death other than a homicide.

Those possible things included the chemicals in the spray-tan she received which he discussed when prompted by the prosecution.

The case against Kaufman, who had two children with his wife, first gained national attention in 2009 at a bond hearing when Kaufman's lawyers initially blamed the death on a violent, allergic reaction to the spray tan she'd just gotten. Attorneys said that theory was disproved by science.

"[It] could be heavy metal in the spray tan -- arsenic or led -- so samples were sent off to the national medical services … those results were not remarkable at all," Hyman said. "They found some traces of mercury, but [they] were not over for someone living on a coastline like we are. Seafood could explain that small amount of mercury.

However during the defense second cross examination of Dr. Hyma late Wednesday, he admitted that the actual spray tan chemicals were never tested but instead Elenora's blood was screened for things that may have been in the spray-tan.

Hyma also explained that everything from Eleonora Kaufman's toxicology testing proved that she died of mechanical asphyxiation. He even stated that the scarring found in Eleonora's heart did not cause her death, or have any role in her death. The defense maintains that's what may have killed her.

"She died with the scar -- not because of it," Hyma said.

Hyma testified that there had to be significant force applied for at least two minutes to multiple sides of Elenora's neck in order for that kind of damage to occur but said he could not rule this as a strangulation and instead just called it mechanical asphyxia.

"Is it true you can't call it strangulation?" asked defense attorney Alberto Milian.

"Because of the information gathered I couldn't case it as strangulation," said Hyma. "It's mechanical asphyxia, it was an outside force in a situation where I would consider this a homicide but the injuries aren't specific enough to call it strangulation so I wouldn't."

"Isn't it true you can't say this was strangulation because you did not have enough information?" asked Milian.

"That doesn't mean that didn't happen," replied Hyma.

"Wait, what?!" yelled Milian, "that doesn't mean it didn't happen?"

"All I know is an outside force cause this death done by another person or persons."

18 Months To Rule A Homicide

During the more than six-hour cross examination by Milian, Hyma admitted to the jury that he only reviewed reports from the medical examiner who actually performed the autopsy and never consulted that medical examiner or his supervisor before ruiling Elenora's death a homicide, 18 months after her passing.

"You signed it for two of your employees when you signed it and you never consulted with them when you went ahead and signed it," said Milian.

"I didn't consult with them, I signed it," said Hyma.

"So you rendered a professional opinion without consulting the two doctors who authored the report?" asked Milian.

"It's an interpretation of their findings," replied Hyma.

"The question is very simple," quipped Milian. "You signed it, I didn't ask for an opinion."

When grilled by the defense, Hyma testified that it could have been possible for Elenora to receive injuries to the skin of her neck from falling onto the spines of the magazines. The magazines that were not collected into evidence.

Holes in the Medical Examiner Investigation

Hyma told the jury that he actually never full reviewed any of Elenora Kaufman's medical records until after he ruled her death a homicide by mechanical asphyxia on April 6, 2009. Hyma also said he and his investigator never spoke to any of Elenora Kaufman's blood family members.

"You didn't have your investigator interview any of Lina's (Elenora's) family members?" asked Milian.

"No she did not do that," replied Hyma.

"We're you aware that Frida Aizman...do you know that name?" asked Milian.

"No I don't know him or her," replied Hyma.

Milian later stated that Frida Aizman is Elenora Kaufman's mother and he claimed that she in fact tried to call Detective Angulo multiple times to tell him about her daughter's fainting spells and history of dizziness.

Later during the lengthy cross examination Milian brought up his idea that Angulo had never investigated a homicide before Elenora's death and asked Hyma if he knew that Angulo was "biting at the bit to have a homicide investigation." Judge Miller quickly sustained that comment after shouts of objections from the prosecution.

Signs of a Struggle?

Tuesday in court Hyma admitted while looking at pictures of the Kaufman residence that he believed there were no signs of a struggle in the house. However Wednesday morning he told jurors he wasn't surprised there were no signs of a struggle.

"If her attacker weighed 150 pounds more than her would you expect to see signs of a struggle," asked state attorney Joe Mansfield.

"Depends on size and weight advantage but it's consistent to not see signs of a struggle," testified Hyma.

Elenora's Mother Testified

The defense started its' case Thursday afternoon by calling Elenora's mother, Frida Aizman to the stand. Aizman told the jury that she loves Adam Kaufman as her own son and that they have become closer after Elenora's passing.

"Is he (Adam) more like a son or a son-in-law?" asked defense attorney Bill Matthewman.

"No, I have two sons, one is my son Benjamin, the other is my son Adam," said Aizman.

Aizman told the jury that when she found out the morning of November 7, 2007 that her daughter had passed out she was concerned but not surprised, testifying that her daughter had fainted a number of times before.

Aizman also testified that in the weeks leading up to her daughter's death, Elenora had complained of headaches and feeling weak. Aizman said they would go to yoga to try to help the headaches.

The defense will open its case for Adam Kaufman Thursday afternoon.