Bitemarks 31114.1.2.5 California v. Marx, 1975
The trial for the first bitemark evidence case in California occurred in 1975.
In People (California) v. Marx, Walter Marx was charged with the murder
of Lovey Benovsky in a case in which the bitemark was the only physical
evidence offered by the prosecution. The elderly female victim was sexually
assaulted and strangled. In February 1974 Walter Marx was jailed initially
for contempt of court for refusing to provide dental casts pursuant to a court
order. He later consented to the impressions of his teeth. At autopsy a pat-
terned injury, “an elliptical laceration of the nose,” was noted. The pathologist
believed it to be a possible bitemark. After the autopsy in February, the body
was embalmed and buried in Texas. In March 1974, after Marx finally agreed
to the teeth impressions, Benovsky’s body was exhumed and a Dallas dentist
made photographs and impressions of the nose. The material was sent to Los
Angeles where the homicide occurred (Figures 14.6 and 14.7). A team of three
forensic dentists performed the analysis on this bitemark. This was the first
known case in which a team of forensic odontologists worked together in the
examination, testing, evaluation, and comparison of a bitemark on the skin of
a victim to the teeth of a suspect. Test bites were performed in this case and a
three-dimensional model of the nose was made. Overlays, three-dimensional
comparisons, and scanning electron microscopy were also used. None of
these techniques had been documented as having been used in previousFigures 14.3 and 14.4 left: Bitemark pattern medial to the areola and nipple of
the right breast. right: Bitemark rotated so that the marks judged to have been
made by the maxillary teeth are at the top. note the circular features within
marks a and e.
R3
3L3
3Figure 14.5 Copper models of the canine teeth of Gordon hay. note the defects
on the cusp tips of the right canines.