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Updated: Tuesday, 22 Nov 2011, 5:38 PM EST
Published : Tuesday, 22 Nov 2011, 10:48 AM EST
BUFFALO, N.Y. (WIVB) - The death of Amanda Wienckowski, who was found dead in a Buffalo garbage tote, was ruled an overdose, but a new autopsy claims her death was no accident.
This is the second autopsy that a California pathologist has been working nearly two years on, and it goes against what four Erie County medical examiners signed off on.
Attorney Steven Cohen of Hogan Willig said, "Cause of death, manual strangulation associated with blunt force injuries."
It is the second opinion that the family of Amanda Wienckowski had been waiting almost three years for. After 20-year-old Wienckowski was found dead in a garbage tote, the Erie County Medical Examiner's Office ruled the cause of death to be accidental drug overdose. So the family hired California pathologist Silvia Comparini to take a second look. Among other things, she points to hemorrhages on Amanda's neck to conclude, "The manner of death in this case is not self inflicted, accidental, natural or undetermined. It is Homicidal."
Amanda's sister, Danielle Wienckowski, said, "As much as I'm excited this is coming out right now, that finally it said that this is what happened, but we knew. How could you could not know?"
Cohen detailed, "The report is detailed; it shows that somebody beat the tar out of Amanda Wienckowski."
Dr. Peter Ostrow disagreed, saying, "She didn't say that."
News 4's Dr. Ostrow is a pathologist himself. He says it's not unusual for different medical examiners to have different opinions from the same evidence. He would still need to see more about those marks on the neck.
"I'm very surprised that the second pathologist didn't describe what she saw under the microscope to bolster her conclusions about what the lesions were," said Dr. Ostrow.
Antoine Garner may have been the last one to see Wienckowski alive. Her body was found across from his house. He insists he didn't kill her, but he is now in jail accused of attempting to strangle a different woman two months ago.
>> News 4 interviewed Garner extensively, where he denied killing Wienckowski
The family will now formally ask the County Medical Examiner to take another look. As for the DA, Frank Sedita says he "does not comment on any ongoing investigation until someone is charged."
Copyright WIVB.com
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