Report: Wienckowski's death undetermined

BUFFALO, N.Y. (WIVB) - The mystery continues over the death of Amanda Wienckowski after Tuesday's release of a third post mortem report ordered by the district attorney.

20-year-old Amanda Wienckowski's naked body was discovered in a garbage tote behind a church in Buffalo, back in January of 2009. It appeared to be a murder.

Erie County Chief Medical Examiner Dr. Dianne Vertes said, "Because my suspicion is high, and she comes in as she does, of course I am suspecting that it is a homicide. So I am looking for that."

But the autopsy conducted by Dr. Vertes concludes Wienckowski's cause of death to be accidental drug overdose. Wienckowski's family then hired a California pathologist, Dr. Silvia Comparini, who does a second autopsy, this time ruling it a homicide, likely by strangulation. Now a third post mortem rules Wienkowski's cause of death undetermined - but refutes the strangulation theory.

Erie County District Attorney Frank Sedita, III, said, "There's no pictures to show the basis of that. There are five other physicians who have looked at this case that did not find any evidence of strangulation."

Sedita hired former Monroe County medical examiner Dor. Scott LaPoint to conduct the third post mortem examination of Amanda Wienckowski. In his report, Dr. LaPoint also corroborated the previous findings that Wienckowski's body contained lethal amounts of opiates and no evidence of sexual assault. Amanda's mom, Leslie Brill, says she is ecstatic, nevertheless.

 >> Review Dr. LaPoint's full report here

"And now justice can be done, because this will be investigated the way it should have been," said Brill.

Carl Paladino is also helping the family cope with their nightmare.

"Calling it 'undetermined' opens the door for the homicide division of Buffalo Police to actively investigate a file that has remained open, but has not been actively investigated," argued Paladino.

A spokesman for Buffalo Police tell News 4 the Wienckowski case has remained open.