Exclusive recordings reveal coroner's lack of written protocols amid pressure for change
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Updated: 10:59 PM CDT May 7, 2025
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DISTURBING VIDEO OF A NOW FIRED EMPLOYEE DRAGGING A DEAD MAN SENT SHOCKWAVES THROUGH NEW ORLEANS, WDSU STARTED INVESTIGATING WHAT WE UNCOVERED MAY SURPRISE YOU. EXCLUSIVE RECORDINGS FROM A TOP STAFFER. WE DON’T HAVE THE STAFF TO WRITE PROTOCOLS RIGHT NOW. A LACK OF WRITTEN PLANS FOR HURRICANE SEASON. THIS NEEDS TO BE BROUGHT TO LIGHT, AND LAWSUITS. LEAVING GRIEVING FAMILIES OUTRAGED. WHILE THE CORONER IS DEFENDING HIS TIME SPENT AT THE OFFICE. I’M NOT BROKEN. WDSU INVESTIGATOR AUBRY KILLION SHOWS YOU THE DESPERATE PLEA FOR IMMEDIATE CHANGE. WE LOVE YOU. THERE’S NO GREATER PAIN THAN LOSING A LOVED ONE. FOR SIDNEY SMITH, THAT PAIN IS LOSING HIS SON, JUSTIN. IT’S A LOSS THAT CANNOT. BE EXPLAINED. AND THIS IS A NICOLAS CAGE AND JUSTIN. JUSTIN’S PHOTOS AND ARTWORK STILL UP INSIDE OF JUSTIN’S BEDROOM. HE WAS AN AMAZING ARTIST, SMITH SAYS JUSTIN LIVED WITH A MENTAL ILLNESS AND DRUGS KILLED HIM. HE WAS MY ONE AND ONLY CHILD. WHAT HAUNTS ME THE MOST IS ALLEGATIONS ABOUT THE NEW ORLEANS CORONER’S OFFICE AND THEIR HANDLING OF JUSTIN’S BODY. SMITH HAS FILED A LAWSUIT CLAIMING JUSTIN LEFT HOME IN 2023, COLLAPSED IN THE FRENCH QUARTER AND DIED. DESPITE HIS EFFORTS TO SEEK HELP AND PROVIDE INFORMATION TO THE CORONER. SMITH CLAIMS THAT JUSTIN’S BODY WAS ALREADY THERE WITHOUT HIS KNOWLEDGE. HE ALLEGES HE WAS NOT INFORMED OF JUSTIN’S DEATH UNTIL NEARLY A MONTH LATER, AND FINGERPRINTS WERE NOT PROPERLY PROCESSED. THE LAWSUIT ALSO ACCUSES THE CORONER’S OFFICE OF CAUSING IMPROPER DECOMPOSITION BY FAILING TO REFRIGERATE JUSTIN’S BODY ADEQUATELY. THE CORONER DENIES THE ALLEGATIONS AND FILED A DEMAND AGAINST THE CITY, SAYING THE BUILDING PROVIDED BY THE CITY HAS HAD SIGNIFICANT AIR CONDITIONING PROBLEMS, SUCH AS THE APPROPRIATE TEMPERATURE FOR THE STORAGE OF BODIES, AND THAT THE CITY’S FAILURE TO PROVIDE NOPD WITH PROPER FINGERPRINTING EQUIPMENT CAUSED THE DELAY IN IDENTIFYING SMITH’S BODY. THE CITY HAS DENIED THE ALLEGATIONS IN THE CORONER’S DEMAND. SMITH’S ATTORNEY, RICK TRAHAN, ASKED ABOUT WRITTEN PROTOCOLS WHEN BRIAN O’LEARY, CHIEF INVESTIGATOR FOR THE CORONER, IS UNDER OATH IMPLEMENTING SOME WRITTEN PROTOCOLS. DO YOU REMEMBER THAT? YES. HAS THAT EVER BEEN DONE? NOT YET. NO. CAN YOU TELL ME WHY NOT? I DON’T HAVE THE STAFF TO WRITE PROTOCOLS RIGHT NOW. THERE’S NO MANUAL WRITTEN MANUAL FOR DEATH INVESTIGATIONS. ET CETERA. I’M NOT BROKEN. DON’T FIX ME, DOCTOR DWIGHT MCKENNA MAKING IT CLEAR HE’S STANDING BEHIND HIS STAFF. THIS OFFICE DOESN’T NEED FIXING. WHAT? WE COULD USE MORE RESOURCES. REPORTER. WHEN IT COMES TO POLICIES, DOCTOR MCKENNA SAYS THEY FOLLOW THE STANDARDS FOR THE NATIONAL MEDICAL EXAMINERS AND STATE LAW. YOU’RE NOT GOING TO IDENTIFY EVERYBODY IN 24 HOURS, IN TWO DAYS OR THREE DAYS. IT MAY TAKE MONTHS WHEN IT COMES TO ADDING POLICIES SPECIFIC TO HIS OFFICE AND STAFF. THAT’S MY DECISION. OKAY. I’M NOT SAYING IT’S A BAD IDEA, BUT I THINK IT’S UNNECESSARY. WHY SHOULD YOU REINVENT THE WHEEL? THE POLICIES AND PROCEDURES THAT WE NEED TO FOLLOW ARE NATIONAL STANDARDS, AND WE ALREADY DO THAT. AND WHEN IT COMES TO HURRICANE SEASON, THE CORONER’S OFFICE SAYS THEY HAVE A PLAN. THERE, A DOCUMENTED PLAN ON PAPER. WE WILL BE HERE. THERE’S THERE’S NOTHING ON PAPER, PER SE, JUST TO MAKE SURE I’M NOT I MEAN, I MEAN, IT’S INFATUATION WITH HAVING IT ON PAPER. WE KNOW WHAT WE HAVE TO DO. WDSU INVESTIGATES ALSO DUG INTO THE DEATH OF BENJAMIN FONTS. SO. SO YOU THINK YOU CAN TELL FONT. HIS PARENTS ALLEGE IN A LAWSUIT THAT ALTHOUGH HIS BODY WAS SENT TO THE MORGUE, STAFF DENIED HIS BODY WAS THERE FOR EIGHT MONTHS. HIS PARENTS SEARCHED. THEY ALLEGE A CALL BY HIS MOTHER REVEALED AN EMPLOYEE, STATING WE HAVE HIM. WDSU FONTS HAD BEEN CREMATED WITHOUT THE FAMILY’S KNOWLEDGE. IN THAT CASE WAS ALSO QUESTIONED. IN GENERAL. MR. O’LEARY, YOU WOULD AGREE WITH ME THAT IT’S BETTER TO HAVE DOCUMENTED PROTOCOLS THAN JUST WORD OF MOUTH. CORRECT? AND WOULD YOU ANSWER? IN GENERAL, YES. IN THE FONTS CASE, JUDGE KERN REESE NOTED THAT NOPD OBTAINED FINGERPRINTS AND PROVIDED THE CORONER WITH BENJAMIN’S DATE OF BIRTH. STATE ID NUMBER, BUT MISSPELLED HIS LAST NAME. FONTS AS P E A N. HE FOUND THE CORONER’S FAILURE TO CONDUCT A FURTHER INVESTIGATION TO IDENTIFY BENJAMIN. RECKLESS AND OUTRAGEOUS MISCONDUCT. WHEN YOU LOOK AT THE FACTS OF THIS CASE THAT WE STARTED WITH A BAD NAME, THE POLICE DEPARTMENT GAVE US INCORRECT INFORMATION. HE DISPARAGED ME PERSONALLY AND THE PEOPLE IN MY OFFICE. WE ARE APPEALING HIS DECISION. I DISAGREE WITH EVERYTHING HE SAID. I DON’T KNOW WHAT HIS MOTIVES WERE. HE’S NOT GOD. HE’S NOT THE POPE. HE’S NOT INFALLIBLE. THAT OPINION WAS DISGRACED AS FAR AS I’M CONCERNED. DOCTOR MCKENNA ALSO SAYS HIS OFFICE OPERATES WITH A SMALLER BUDGET THAN OTHER SURROUNDING PARISHES, AND SAYS THEY OPERATE WITH A SKELETON STAFF. THE CORONER IS ALLOWED TO PERFORM OUTSIDE WORK, AND DOCTOR MCKENNA HAS A PRIVATE PRACTICE. HOW MANY HOURS A WEEK ARE YOU AT YOUR PRIVATE PRACTICE? I WORK AT MY PRIVATE PRACTICE ABOUT FOUR 4 TO 5 HOURS A DAY. HOW MANY HOURS A WEEK ARE YOU WORKING HERE AT THE CORONER’S OFFICE? AS MANY AS IT TAKES. I LEAVE HERE AS MANY AS IT TAKES. 4 TO 5 HOURS, MAYBE LONGER, MAYBE LESS ON SOME DAYS. I DON’T HAVE A SET SCHEDULE, BUT I COME TO WORK EVERY DAY AND I DO MY WORK. MAYBE WORKING 40 HOURS A WEEK WOULD HELP WITH THE SKELETON I WORK. NOBODY CAN SAY DOCTOR MCKENNA DOESN’T WORK. I WORK AND GET MY JOB DONE. I WORK FROM HOME. WE WORK ON COMPUTERS, GETTING DEATH CERTIFICATES OUT, THE CORONER’S TRUST IN OUR INTERVIEW, THE GOOD WORK THEY DO, PROVIDING EXAMPLES OF TENS OF THOUSANDS OF CASES WHERE THEY’VE PROVIDED CLOSURE FOR FAMILIES, BUT THEY’RE STILL CONCERNED FOR PEOPLE LIKE SIDNEY SMITH LOSING A CHILD IS THE WORST. AND I HAVE EXPERIENCED THE WORST. PEOPLE WHO ARE TRYING TO PROFITEER AND IMMORTALIZE THE DEATHS OF THEIR LOVED ONES. I HAVE ALL THE SYMPATHY IN THE WORLD FOR THEIR LOVED ONE, BUT WE DIDN’T KILL THEM. AND IF YOU HAD SPENT THE TIME YOU’RE TAKING NOW TO GO AFTER US AND HAD SPENT THAT TIME WITH THEM, MAYBE THEY WOULDN’T HAVE WOUND UP ON MY. MORGUE. HIS ASHES OR INTERNED IN HERE. BACK AT SMITH’S HOME. HE KNOWS SHARING HIS STORY WON’T BRING JUSTIN BACK, BUT WHAT HE WANTS MOST IS CHANGE. JUSTIN DIED ON JUNE 18TH, 2023, WHICH HAPPENED TO BE FATHER’S DAY. THIS SMILE NEVER LEFT HIM. AUBRY KILLION WDSU INVESTIGATES. WELL, WE ASKED JUDGE REESE FOR A COMMENT ON THIS STORY. HIS OFFICE SAYS DUE TO PENDING LITIGATION, THEY ARE NOT ABLE TO COMMENT, AND THE CORONER IN HIS INTERVIEW SAID THAT COOLERS ARE WORKING AND THEY HAVE NO BACKLOG OF IDENTIFYING BODIES. TO SEE MORE OF
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Exclusive recordings reveal coroner's lack of written protocols amid pressure for change
A disturbing video of a now-fired Orleans Parish coroner's employee dragging a dead man sent shock waves through New Orleans. WDSU started investigating and uncovered exclusive recordings, a lack of written plans for hurricane season and lawsuits, leaving grieving families outraged.While Coroner Dr. Dwight McKenna is defending his time spent in the office, WDSU investigator Aubry Killion shows the desperate plea for immediate change.Sidney Smith said there is no greater pain than losing a loved one. That pain, for him, is losing his son, Justin."It is a loss that cannot be explained,” Smith said. Justin’s photos and artwork are still up inside Justin’s bedroom. "He was an amazing artist,” Smith said. Smith says Justin lived with a mental illness, and drugs killed him. "He was my one and only child,” Smith said. What haunts Smith the most is his allegations about the Orleans Parish coroner’s office and its handling of Justin’s body. Smith has filed a lawsuit, claiming Justin left home in 2023, collapsed in the French Quarter, and died. Despite his efforts to seek help and provide information to the coroner, Smith says Justin’s body was already there without his knowledge. He alleges he was not informed of Justin’s death until nearly a month later, and fingerprints were not properly processed.The lawsuit also accuses the coroner's office of causing improper decomposition by failing to refrigerate Justin’s body adequately.The coroner denies the allegations and filed a demand against the city, saying the building provided by the city "has had significant air conditioning problems, such as the appropriate temperature for the storage of bodies," and that the city's failure to provide the NOPD with proper fingerprinting equipment caused the delay in identifying Smith's body.The city has denied the allegations in the coroner's demand.Smith's attorney, Rick Trahant, asked about written protocols when Brian Lapeyrolerie, chief investigator for the coroner, was under oath."Implementing some written protocols. Has that ever been done?" Trahant asked.“Not yet,” Lapeyrolerie said. “Can you tell me why not?” Trahant asked. “We don't have the staff to write protocols right now,” Lapeyrolerie said.“There's no written manual for death investigations."Dr. Dwight McKenna is making it clear he is standing behind his staff. “I'm not broken,” McKenna said. "Don't fix me. I don't need fixing because I'm not broken. This office doesn't need fixing; we could use more resources." When it comes to policies, McKenna says they follow the standards for national medical examiners and state law. “You're not going to identify everybody in 24 hours and two days and three days. It may take months, depending on the facts need to come in,” McKenna said. WDSU asked about adding policies specific to his office and staff.“That's my decision,” McKenna said. “I'm not saying it's a bad idea, but I think it's unnecessary. Why should you reinvent the wheel, the policies and procedures that we need to follow on national standards? And we already do that."When it comes to hurricane season, the coroner's office says it has a plan. WDSU asked if there is a documented plan on paper.“We will be here,” McKenna said. “This infatuation with having it on paper, we know what we have to do.”WDSU Investigates also dug into the death of Benjamin Pfantz. Pfantz's parents allege in a lawsuit that although his body was sent to the morgue, staff denied that his body was there. For eight months, his parents searched. After a call from his mother, it was revealed by an employee that they did have his body. The employee on the phone stated, "We have him."WDSU learned Pfantz had been cremated without the family's knowledge.In the Pfantz case, Lapeyrolerie was also questioned. “In general, you would agree with me that it's better to have documented protocols than just word of mouth, correct?” Trahant asked. “In general, yes,” Lapeyrolerie said. In the Pfantz case, Judge Kern Reese noted that NOPD "obtained fingerprints and provided the coroner with Benjamin’s date of birth, state ID number, but misspelled his last name, Pfantz, as Peantz." He found the coroner's failure to conduct a further investigation to identify Benjamin as "reckless and outrageous misconduct." “When you look at the facts of this case, that we started with a bad name, the police department gave us incorrect information,” McKenna said. “He disparaged me personally and the people in my office. We are appealing his decision. I disagree with everything he said. I don't know what his motives were, what we were provided in that case, with a bad name to start with. He's not God, he's not the pope, he's not infallible. That opinion was a disgrace." WDSU asked Reese for comment, his office said he is unable to comment due to the pending litigation. McKenna also said his office operates on a smaller budget than other surrounding parishes and says they operate with a skeleton staff. The coroner is allowed to perform outside work, and McKenna has a private practice.WDSU Investigates questioned McKenna about how much time he spends in his private practice. "I work at my private practice about four, four to five hours a day,” McKenna said. McKenna said he works at the coroner's office "as many hours as it takes," per week. "Four or five hours, maybe longer, maybe less on some days. I don't have a set schedule, but I come to work every day and I do my work. Nobody can say I don't work. I'll work from home. We work on computers, getting the death certificates out," said McKenna. The coroner stressed the good work they do, providing examples of tens of thousands of cases where they have provided closure for families. However, there are still concerns from people like Smith. "People who are trying to profit immortalize the deaths of their loved ones, I have all the sympathy in the world for their loved one, but we didn't kill them,” McKenna said. “If you had spent that time with them, maybe they wouldn't have one up in my morgue." Smith said he knows sharing his story will not bring Justin back, but what he wants most is change.All Smith can do now is prepare to face the two-year mark of his son's death."Justin died on June 18, 2023, which happened to be Father's Day,” Smith said. Justin was 42 years old.The coroner's office noted they don't have a backlog of cases and coolers are operational.
NEW ORLEANS —
A disturbing video of a now-fired Orleans Parish coroner's employee dragging a dead man sent shock waves through New Orleans.
WDSU started investigating and uncovered exclusive recordings, a lack of written plans for hurricane season and lawsuits, leaving grieving families outraged.
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While Coroner Dr. Dwight McKenna is defending his time spent in the office, WDSU investigator Aubry Killion shows the desperate plea for immediate change.
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Sidney Smith said there is no greater pain than losing a loved one. That pain, for him, is losing his son, Justin.
"It is a loss that cannot be explained,” Smith said.
Justin’s photos and artwork are still up inside Justin’s bedroom.
"He was an amazing artist,” Smith said.
Smith says Justin lived with a mental illness, and drugs killed him.
"He was my one and only child,” Smith said.
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What haunts Smith the most is his allegations about the Orleans Parish coroner’s office and its handling of Justin’s body.
Smith has filed a lawsuit, claiming Justin left home in 2023, collapsed in the French Quarter, and died.
Despite his efforts to seek help and provide information to the coroner, Smith says Justin’s body was already there without his knowledge. He alleges he was not informed of Justin’s death until nearly a month later, and fingerprints were not properly processed.
The lawsuit also accuses the coroner's office of causing improper decomposition by failing to refrigerate Justin’s body adequately.
The coroner denies the allegations and filed a demand against the city, saying the building provided by the city "has had significant air conditioning problems, such as the appropriate temperature for the storage of bodies," and that the city's failure to provide the NOPD with proper fingerprinting equipment caused the delay in identifying Smith's body.
The city has denied the allegations in the coroner's demand.
Smith's attorney, Rick Trahant, asked about written protocols when Brian Lapeyrolerie, chief investigator for the coroner, was under oath.
"Implementing some written protocols. Has that ever been done?" Trahant asked.
“Not yet,” Lapeyrolerie said.
“Can you tell me why not?” Trahant asked.
“We don't have the staff to write protocols right now,” Lapeyrolerie said. “There's no written manual for death investigations."
Dr. Dwight McKenna is making it clear he is standing behind his staff.
“I'm not broken,” McKenna said. "Don't fix me. I don't need fixing because I'm not broken. This office doesn't need fixing; we could use more resources."
When it comes to policies, McKenna says they follow the standards for national medical examiners and state law.
“You're not going to identify everybody in 24 hours and two days and three days. It may take months, depending on the facts need to come in,” McKenna said.
WDSU asked about adding policies specific to his office and staff.
“That's my decision,” McKenna said. “I'm not saying it's a bad idea, but I think it's unnecessary. Why should you reinvent the wheel, the policies and procedures that we need to follow on national standards? And we already do that."
When it comes to hurricane season, the coroner's office says it has a plan.
WDSU asked if there is a documented plan on paper.
“We will be here,” McKenna said. “This infatuation with having it on paper, we know what we have to do.”
WDSU Investigates also dug into the death of Benjamin Pfantz.
Pfantz's parents allege in a lawsuit that although his body was sent to the morgue, staff denied that his body was there.
For eight months, his parents searched. After a call from his mother, it was revealed by an employee that they did have his body.
The employee on the phone stated, "We have him."
WDSU learned Pfantz had been cremated without the family's knowledge.
In the Pfantz case, Lapeyrolerie was also questioned.
“In general, you would agree with me that it's better to have documented protocols than just word of mouth, correct?” Trahant asked.
“In general, yes,” Lapeyrolerie said.
In the Pfantz case, Judge Kern Reese noted that NOPD "obtained fingerprints and provided the coroner with Benjamin’s date of birth, state ID number, but misspelled his last name, Pfantz, as Peantz."
He found the coroner's failure to conduct a further investigation to identify Benjamin as "reckless and outrageous misconduct."
“When you look at the facts of this case, that we started with a bad name, the police department gave us incorrect information,” McKenna said. “He disparaged me personally and the people in my office. We are appealing his decision. I disagree with everything he said. I don't know what his motives were, what we were provided in that case, with a bad name to start with. He's not God, he's not the pope, he's not infallible. That opinion was a disgrace."
WDSU asked Reese for comment, his office said he is unable to comment due to the pending litigation.
McKenna also said his office operates on a smaller budget than other surrounding parishes and says they operate with a skeleton staff. The coroner is allowed to perform outside work, and McKenna has a private practice.
WDSU Investigates questioned McKenna about how much time he spends in his private practice.
"I work at my private practice about four, four to five hours a day,” McKenna said.
McKenna said he works at the coroner's office "as many hours as it takes," per week.
"Four or five hours, maybe longer, maybe less on some days. I don't have a set schedule, but I come to work every day and I do my work. Nobody can say I don't work. I'll work from home. We work on computers, getting the death certificates out," said McKenna.
However, there are still concerns from people like Smith.
"People who are trying to profit immortalize the deaths of their loved ones, I have all the sympathy in the world for their loved one, but we didn't kill them,” McKenna said. “If you had spent that time with them, maybe they wouldn't have one up in my morgue."
Smith said he knows sharing his story will not bring Justin back, but what he wants most is change.
All Smith can do now is prepare to face the two-year mark of his son's death.
"Justin died on June 18, 2023, which happened to be Father's Day,” Smith said.
Justin was 42 years old.
The coroner's office noted they don't have a backlog of cases and coolers are operational.
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