Zachery Tims Update: Toxicology report to remain sealed pending an appeal
We may never know the results of Pastor Zachery Tims Toxicology report. A five panel judge of the New York State Appellate Court ruled on Tuesday that the report must remain sealed pending an appeal, which is scheduled to begin in September, 2012 with an expected decision in early 2013.
By Jeff Kunerth, Orlando Sentinel
The cause of death of Apopka mega-church pastor Zachery Tims must remain sealed pending an appeal, a New York state Appellate Court has ruled.
Since October when the autopsy and toxicology results were completed, the state and the pastor’s mother have squared off in court over releasing the cause and manner of Tims’ death. The senior pastor of New Destiny Christian Center died Aug 12 in a Times Square hotel room.
“The city is not going to be able to disclose the cause and manner of death for Zachery Tims,” said Ricardo E. Oquendo, attorney for the pastor’s mother, Madeline Tims.
The five-judge panel released its ruling Tuesday.
Attorneys representing the Medical Examiner’s office said they felt confident the Appellate Court would side with Kern’s ruling.
“We are confident the appellate court will ultimately uphold the previous decision,” said City Attorney Ave Maria Brennan.
The court set a July 9 deadline for Oquendo to file his appeal, which seeks to prevent the release of the cause of Tims’ death. Oral arguments are scheduled for Sept. 4. A ruling would be expected in early 2013, Oquendo said.
Madeline Tims filed a lawsuit to prevent releasing details of her son’s death, contending they would cause embarrassment to her, his children and his congregation.
Tims, who rose to national prominence through his powerful preaching style and televised services, reportedly had a packet of white powder in his pocket when his body was found.