DtxoN v. PnowoeNntt
DgpOSITION OF DR. EMERY CgUI
Jurue 15, YR-l
lVly name is Emery S. Celli, lVlD. llive at L40 Oakdale Drive in Nita City, Nita, Ihave been
the Darrow County lVledical Examiner for the last ten years. This is a part-time, appointed
position. ln addition, I am permitted to carry on my private practice as a family doctor.
On November LL, YR-2, at about 9:45 a.m. or so, Sheriff Altair Khouri called me and said
that Judge Dixon had shot himself at home and asked me to go to the scene. Al mentioned
something about hunting and the judge's shotgun, and so I assumed that a terrible accident
had occurred. When I arrived about 10:00 a.m., Mrs. Dixon told me to go into John's study.
The door to the study is on the east wall. The office has a large window in the front that faces
north, towards Ridge Road, and another window facing west. When we entered, the blinds
on both windows were open and the overhead lights were on. There is a built-in desk and
counter on the south wall.
ln front of the desk, I saw Judge Dixon's body lying face up, with his head pointed toward
the door. The left side of the body was about two feet from the desk, almost parallel to it.
Both arms extended straight out from the body. The desk chair was pushed against the west
wall. I remember thinking that was a bit strange. A shotgun cleaning kit rested on the chair.
I saw a Browning shotgun, his hunting gun, lying alongside the body. The gun was about a foot
from the left side of the body, The stock or butt of the gun was near the feet. The muzzle of
the gun was lying on the floor parallel with the left side of the body.
It was immediately clear that Judge Dixon was dead. His left eye and part of his left forehead
were torn off. I observed sooting on the skin of the left forehead in front of the left ear. lt
appeared that the wound and sooting were caused by the discharge of a shotgun at close range.
Blood and tissue blown from the head were spattered over the inside of the door, about five
feet up from the floor.
Al Khouri's examinations and observations were made independently of mine. Al examined
the gun. We did discuss these observations and conclusions. The gun was a shotgun, and
Al told me a discharged shell was found in the chamber of the shotgun. Al believed that
the shot that caused Judge Dixon's death was fired upwards. lconcur in this opinion.
I would agree with Al's conclusion that the wounds I have told you about were received
from the front.
I observed a screwdriver on the floor of the office. lt was about six inches long, and it was
lying to Judge Dixon's right.
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National lnstitute for Trial Advocacy 19
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Casr Frtt
Judge Dixon wore hunting clothes-a brown jacket, I think, and dark pants. He was not
wearing a hat or cap. He also wore boots of some sort. Judge Dixon looked dressed for the
outdoors at the time of his death.
I had known Judge and l\rirs. Dixon for some years. We were friends, and I was also their family
physician. So I had both a professional and a private relationship with him, He regularly came
to my office every year or two for a physical examination. Yes, I have a copy of the HIPAA
authorization signed by Mrs. Dixon that you gave me.
According to my records, John's last visit to my office was in August of YR-2, when I gave him
a complete physical examination. I looked over my records yesterday, and they indicate that I
found him to be in excellent health. Judge Dixon was fifty years old. He was about six feet tall
and weighed about 200 pounds. His blood pressure was good. His labs were all normal, except
for his LDL cholesterol, which was l-51-a little high. He had never been a smoker. He hated
even the smell of tobacco. No, he never complained of depression or any emotional problems.
Based on my close acquaintance with him over the years and on observations I made when
I gave him his physical examinations, I can positively state that he was never moody or
depressed. I never observed any signs of despondency or depression.
Judge Dixon had an excellent reputation as a practicing lawyer; before he took the bench.
I consulted with him on several occasions; in fact, he handled the purchase of my present
home some years ago. He also advised me on my professional corporation, and from time to
time, he answered some income tax questions I had. I knew him well, both professionally and
socially, He was a member of the Board of Education of our county.
I saw him the day before his death. lt was sometime early in the morning that day in downtown
Nita City. I met him by chance in the street there. We chatted for about five minutes, just
about the weather and the year's hunting prospects. I noticed nothing out of the ordinary
about him.
I conducted the autopsy on John Dixon's body. My findings were that he died of a shotgun
wound to the head. The presence of fouling and burning (powder burns) at the entrance
wound establishes that Judge Dixon was shot at close range, not more than several inches.
It is my professional opinion that Judge Dixon's death was accidental. I base this opinion
on my autopsy findings, my investigation at the scene, my ten years' experience as county
medical examiner during which I have investigated more than a hundred violent deaths,
and on a month-long course in forensic medical investigation of death that ltook at the
Northwestern University School of Medicine in YR-5. That course focused on investigating
death scenes and performing autopsies to determine whether death was accidental,
homicide, or suicide.
20 National lnstitute for Trial Advocacy
DtxoN v. PaowotNtmt
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The following facts are important in my opinion
A) Judge Dixon did not leave a suicide note, The overwhelming majority of suicides
leave a note or its equivalent (e.g., a recording, video, etc.).
B) Judge Dixon would have never killed himself the way he did and then leave itfor
his wife to find him.
C) Judge Dixon had never threatened or even talked about suicide. lt is extremely
rare for someone to commit suicide without having talked about it before.
D) Judge Dixon was morally opposed to suicide.
E) Judge Dixon had no history of depression or other psychiatric disorder.
F) Nothing about the scene was inconsistent with accident
G) Nothing about the autopsy was inconsistent with accident.
H) Judge Dixon was essentially shot through the eye. I have never seen this or even
read about an intentional, self-inflicted act of this sort,
l) Judge Dixon had no history of suicide attempts, which constitute a significant risk
factor of suicide.
J) Judge Dixon had no history of a psychiatric disorder, another significant risk factor
for suicide.
K) Judge Dixon's strong family, community, and religious ties were significant
protective factors agai nst su icide.
L) I know of no evidence that points to murder or a motive for murder.
Based on allthese factors, I believe thatJudge Dixon died of accidental causes.
Yes, I was a close friend of John Dixon's. We were both active in political causes, including
the successful effort some years ago to pass a ballot proposal prohibiting same-sex marriage
and the successful effort to defeat a proposal to permit assisted suicide. John and I both
contributed severalthousand dollars to each effort. John was strongly pro-life, both in terms
of abortions and assisted suicide. He was not in favor of so-called gay rights. He believed
homosexuality violated God's laws, and I agreed 100 percent. Yes, we belonged to the same
church, the United Church of the Word of the Almighty.
National Institute for Trial Advocacy 21
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I know nothing about John's relationship with Sarah Lawton except that she was John's long-time
court clerk. I have never had any reason to suspect that he was unfaithful to tVlary with Sarah or
anyone else. John was not that kind of person.
I have read the foregoing transcript of my deposition on the date above and find it is a true
and accurate representation of my testimony.
Signed this 30th day of June, YR-L in Nita City, Nita.
tmeru E. Celli
Emery S. Celli, IVID
22 National Institr-rte for Trial Advocacy
Emery S. Celli, MD
140 Oakdale Drive
Nita City, Nita
Education
. BA University of Ohio, YR-28
. MD Michigan State University, YR-24
Post-graduate training
. Residency, Family Practice-Michigan State University, YR-24 to YR-2L
" Anatomical Pathology for the Nonpathologist (intensive three-month course focusing on
the performance of autopsies)-Michigan State University, YR-18
o Mafly CME courses in aspects of family medicine (30 hours per year)
. Forensic Medical lnvestigation of Death-Northwestern University, YR-5
Professional associations
. State Medical Society
. AmericanMedicalAssociation
. National Association of County Coroners
" American Forensic Pathology Association
Board certified in family practice, YR-10
Civic activities
. Darrow County Medical ExamineL YR-10 to present
. Board of Directors, Nita City Boys and Girls Club
. Chair, Advisory Board, Nita City Youth for Christ
. Board of Directors, Nita Right to Life
o Board of Directors, Darrow County Council on the Arts
. Chair, Darrow County United Way Campaign
. Elected Nita City's Person of the Yea6 YR-3, by Chamber of Commerce
. President, Nita Physicians for Life, YR-8 to YR-6
National lnstitute ior Trial Advocacy a)