Exerpt from mid-article:
Gopal said he was unable to determine whether Tim Schuster was alive at the time of death, but it was probable.
Warning about the link above: Article contains an extremely graphic and potentially disturbing description of an unimaginably gruesome murder and its unimaginably gruesome aftermath. Quick, go see!
Postscript: OMG OMG OMG! I went and read more and now I know what that Gopal person was trying to say! Schuster was alive at the time they.... Oh god. You don't want to know! Here's the link with new details: http://www.fresnobee.com/2007/10/20/170108/fagone-may-not-testify.html