Justice for Elijah McClain – Trial Update for Tuesday through Thursday (Oct 3rd, 4th and 5th):
CW: Police Violence against People with Invisible Disabilities. Photo – eye contact.

Tuesday, Oct 3rd:
The day began with the judge ruling that all witnesses must testify in person, which means, witnesses in Minnesota and Tennessee will be forced to travel to Colorado to give their testimony.. Judge Mark Warner also "partially" sustained a request from the defense who wants to ask a witness about McClain's drug use and hospitalization for "LSD intoxication" in 2016.

Dr. Stephen Cina, the "contracted" pathologists who performed the original "undetermined" autopsy on McClain, took the stand during the afternoon session. The account of the autopsy conclusion is details in Elijah's full story, linked below. In September 2022, after the grand jury indictment was handed down, Cina changed the original Adams County corner's 2019 autopsy. Though he amended the cause of death to "ketamine administration following forcible restraint", the (MOD) manner of death remained "undetermined", not "homicide". The doctor also claimed that he asked for body cam footage, witness statements and additional records in 2019 but, claims he "didn't get everything". Samples of McClain's brain, heart and lungs were tested, indicating that portions of the brain swollen which, Dr. Cina attributed to lack of oxygen. He also said the lungs were twice the original size because of inflammation associated with "aspirated vomit".

Emails obtained through an open records request revealed that Adams County coroner Monica Broncucia-Jordan met with the Aurora officers that were investigating the killing of Elijah McClain, before the autopsy's "undetermined" MOD conclusion was reached. Cina also testified that two Aurora investigators were in attendance during the autopsy, while the actions of APD officers were under "review". These two events, in conjunction with the timing of the "undetermined" autopsy findings, are highly questionable. Did these occurrences have influence on Dr. Cina's conclusion? Is this another example of the perversion of justice, by those who facilitate that system?

The witness claimed he change the autopsy after reviewing body camera footage, saying he believes restraint played a role in the death. In his original autopsy, Dr. Cina said, he believed Elijah had recovered from the carotid hold based on his apology after vomiting. He testified that McClain choked on vomit while wearing a mask during the "struggle" with officers, and again after being injected with ketamine. Despite his testimony on the increased size of McClain's lungs, Cina said he's still not sure if the aspiration caused his death. He also testified that Elijah would likely have recovered, "if not for the ketamine". Ultimately, Dr. Cina's testimony seems to indicate, he still can't, or won't make an accurate conclusive decision.

Wednesday, Oct 4th:
The court was dismissed around 11 AM after only two witnesses took the stand. After some legal wrangling with the judge, Ron Ryan an Atty Gen. investigator took the stand. He spoke to the jury about the location of the incident after a map of Elijah's route was admitted into evidence, along with his jacket, shirt, pants, shoes, and earbuds. Ryan's testimony brought attention to a "red substance" found on several of the items. One of Elisha's coworkers at the massage therapy business gave very brief testimony before court was adjourned at approximately 10:51 AM. The prosecution revealed that its final witness of the day would not arrive in Denver until later Wednesday evening.

Thursday, Oct 5th:
The prosecution called forensic pathologist Roger A. Mitchell Jr., the chair of the Department of Pathology at Howard University College of medicine in DC. He was contracted by the office of the Atty Gen to review the case, and subsequently submitted an additional autopsy report for the grand jury's investigation. Mitchell's autopsy reported that, the carotid hold and aspiration of fluid and vomit were a "result" of "forcible restraint" by the officers. He concluded that the actions of the officers and the overdose of ketamine are what killed McClain.

The prosecution introduced autopsy photographs showing "abrasions and scrapes", and played body cam footage from the night of August 24, 2019. Dr. Mitchell said that the abrasions were caused by the carotid hold, and that Elijah's neck showed evidence of "blunt trauma", as well as broken blood vessels in his eyes. This seems to indicate that extreme force was applied to his neck by police. After being shown the body camera footage, the expert witness was asked to give his impressions of when Elijah began to show signs of respiratory distress during the interaction. He also addressed the paramedics diagnosis of "excited delirium".

Dr. Mitchell's testimony provided definitive evidence indicating the culpability of Roedema and Rosenblatt in the murder. The defense interrupted the testimony with numerous objections throughout. The witness said he does not believe in "excited delirium as a medical diagnosis". After viewing the footage, Mitchell also testified in that McClain's actions and condition did not support claims of such a diagnosis. He gave detailed statements about Elijah's actions and statements in the footage including, when he told police that he was was experiencing pain. The doctor said, "… If we believe this notion of excited delirium, one of the things with excited delirium is that you're impervious to pain and that response objectively tells us that he's not impervious to pain, that he's responding to painful stimuli is being placed upon him" [SIC]. With the damning evidence presented thus far, it's not looking good for the two officers being tried for the murder. I'd imagine, this is little consolation for Elijah's mom Sheenen, who was in the courtroom today. Testimony resumes on Friday.

[Correction: With many sources conflicting with one another throughout the course of this case, including discrepancies of Elisha's age, I'd like to clarify a couple of points about my articles. With limited pretrial coverage, some of the court dates for the three trials of the five accused first responders have been changed. I previously reported that the trial for the paramedics was to begin in August, as one source stated. With the multitude of changes, it's been hard to keep up sometimes. I also erroneously describe some of the officers as "former" when in fact, they are suspended without pay. My apologies for these inconsistencies.]

Click here for the full account of what was done to Elijah.

OutOfExile_IDR 2023

#JusticeForElijahMcClain #BLM #DisabilityJustice #SocialJustice #NoJusticeNoPeace #StopKillingUs #ICantBreathe #InvisibleDisabilityRights #PoliceViolence #SayMyName @disabilityjustice @disability @actuallyautistic

"Killed by Police Over Eight Dollars – Ethan Saylor's Story"
CW: Disability and Police Violence (The details may be disturbing to some)

On January 12, 2013, 26-year-old Ethan Saylor of New Market Maryland, went to the movies to see "Zero Dark Thirty" for the second time. After the movie, his caregiver went to bring her car to the front of the theater while Ethan waited inside. Being his favorite movie, Ethan snuck back in to watch the movie again while she was gone.

The theater manager told him that, he would have to buy a ticket or leave but, he refused. Ethan had Down Syndrome and did not understand, nor did he handle money. Not disturbing anyone, he was watching the movie, when the theater manager summoned mall security to have Ethan removed. His caregiver returned, pleading with the manager and one of the deputies attempting to de-escalate the interaction. She begged with them not to touch him and requested to speak to him. She was ignored and not allowed to go to Ethan.

The mall security guards that responded were actually off-duty Frederick County Maryland deputies, moonlighting as security guards. When one of them told Ethan that he had to leave, Ethan again refused and began to swear in protest. Two other moonlighting deputies came to "assist" in removing Ethan from the theater. The three veteran officers, Lt. Scott Jewell, Sgt. Rich Rochford, and Deputy James Harris, forcibly pulled Ethan out of his seat and tried to handcuff him. A struggle ensued and Ethan was taken to the ground by the three deputies.

With Ethan on his stomach, at least one eyewitness account cited that one officer had his knee pressing on the man's back. It also stated that Ethan was heard crying out, "MOMMY, IT HURT!". At this point, I have to ask the question if these men were stupid or just callously evil as I wipe the tears from my eyes. Obviously, that question is rhetorical. It should have been plainly obvious that Ethan Saylor was, as some laws word it, a "vulnerable adult" with disabilities.

A few months later, a Frederick News Post story stated:
“Saylor cursed and resisted the deputies, and he was briefly handcuffed with three sets of cuffs linked together, according to the sheriff’s office. Saylor ended up on the floor during the struggle and had a medical emergency. He was taken to Frederick Memorial Hospital, where he was pronounced dead, the sheriff’s office said.”

The Frederick County Sheriff's office investigated and later released Maryland Atty. Gen.'s report said in part:
"The opinion of the Office of the Chief Medical Examiner was that a 25 year old Caucasian male ROBERT ETHAN SAYLOR, died of ASPHYXIA. Down’s Syndrome, Obesity, Atherosclerotic Cardiovascular Disease, and Accessory Conduction Pathways of Heart, are also significant conditions…This individual was already compromised by his Down’s Syndrome, obesity, body habitus, and heart disease, making him more susceptible to sudden death in stressful conditions which would compromise his breathing. Using the medical definition of homicide (but for the actions of other individuals Mr. Saylor would not have died), the manner of death is best certified as HOMICIDE".

In April, another news source reported about injuries to Ethan's face and cartilage in his neck, "which has yet to be explained":
“The autopsy revealed Saylor had bruises and abrasions on his face and body. And another injury: a fracture to cartilage in Saylor’s throat. Experts say it’s an unusual injury to see in a choking case. A forensic pathologist not familiar with case [SIC] says the injury happens from some kind of force... It can be seen in a manual strangulation, ” says Dr. John Hunsaker, a forensic pathologist and expert witness. “But in and of itself, one would be difficult to diagnose without more information. And it can occur as a result of a direct blow.”

The use of three sets of handcuffs is a tactic referred to as "hog-tying", in which the ankles and wrists are restrained and connected to each other with the third. In 1995, the US DOJ (Department of Justice), warned police departments that people may die when using this hog-tying method, yet there are still many that employ this technique of restraint. To be clear in regard to the sheriff's worded claim of a "medical emergency", Ethan's larynx was crushed and at least one of the sources below use the words "broken bones" in his neck. Despite the homicide ruling, 17 eyewitness account statements and Dr. Hunsaker's statements, a Maryland grand jury refused to indict the deputies for the murder of Ethan Saylor. One of the officers, Sgt. Rich Rochford, was later "quietly hired" by Frederick city Police Department, despite his involvement in the incident.

It seems I write about these horrific instances of police violence against people with invisible disabilities all the time. It's certainly not because I enjoy them, and it is very emotionally taxing to do so. The fact is, situations like this occur so regularly, there's too many stories to ignore. 50% of people killed by police in the US have a disability and unfortunately, many people never hear about, or care about stories like this. Many seem too busy fighting about colors or wooden hammers. How many of you have heard of Ethan Saylor, Christian Glass or Elijah McClain. I feel that telling their stories to wake people up, is the first step in inspiring them to stand against these recurring injustices facing the invisibly disabled community. Ethan is just another tragic example of the senseless, hateful authoritarian murders of otherwise innocent people. He was killed over an eight dollar movie theater ticket, to put things in perspective. This is one of the main reasons I do what I do, and the support for the cause of people with invisible disabilities is very much appreciated.

The Preventable Death of Ethan Saylor – "Psychology Today": https://www.psychologytoday.com/us/blog/incompetence/201311/the-preventable-death-ethan-saylor

Maryland Grand Jury Refuses To Indict Deputies: https://thesource.com/2014/12/08/md-grand-jury-refuses-indictment-of-cop-who-killed-man-with-down-syndrome-who-wouldnt-leave-movie/

The Trouble with the Robert Ethan Saylor Case: https://www.truthdig.com/articles/the-trouble-with-the-robert-ethan-saylor-case/

Frederick city Maryland police quietly hired cop who killed Ethan Saylor over a movie ticket: https://thefreethoughtproject.com/police-brutality-cop-watch/cop-who-killed-man-with-down-syndrome-over-movie-ticket-quietly-hired-at-neighboring-dept

Deputies Want Lawsuit Dismissed in the Death of a Man in Custody: https://www.wusa9.com/article/news/local/deputies-want-lawsuit-dismissed-after-man-dies-in-custody/359608620

The Road We've Shared: https://theroadweveshared.com/justice-for-ethan/a-brief-summary-of-the-story

Sister of a Man Who Died in Police Custody Continues to Fight for Justice: https://www.cbsnews.com/baltimore/news/justice-for-ethan-sister-of-disabled-man-who-died-in-police-custody-continues-fight-for-independent-investigation/

#Disability #DownSyndrome #ICantBreathe #ImJustDifferent #PoliceViolence #NoJusticeNoPeace #StopKillingUs #acab #EndAbleism #SpeakUp
@disabilityjustice @disability