On my way to the #ScrapTheGreenPaper (on #disabilityreform) protest outside Leinster House (which houses the Irish parliament). These proposals if implemented would make life a lot more difficult for many with #disabilities and disabling illnesses. 😡
@halcionandon@disabilityjustice I am in the US and my pain management provider usually only makes me go in every other month I just called for a refill on the off months.
Last month I asked if I could increase my dose by 5 mg a day because I’m just not getting enough coverage with the amount of insomnia that I experience. She agreed but only if I would come in next month rather than call in. I laughed and I was like yeah I can come in whenever I’m like 15 minutes down the road. But I am well aware that they are just trying to get as much revenue as they can before the end of the year. And I’m not objecting because I really do need the extra 5 mg. But it feels gross that it was presented that way.
And man, just having that extra 5 mg if I need it made such a difference, I have noticed that about half the days I don’t even take it because I don’t need it. But knowing I have it if I caused myself extra pain makes it easier for me to do what I need to do because I don’t have to worry that I will be an extra pain later because I can do something about it if I am.
Of course I still have to pace because of the #MECFS but at least I know I don’t have to put myself to bed at 6 PM on a heating pad because the pain is just overwhelming.
I'm considering going to this protest, "“Scrap The Green Paper” coalition calls on the Department of Social Protection to "Scrap the Green Paper" on Disability Reforms." outside Leinster House on Thur, Dec 7.
2/
While not definite,I'm still hoping to go to this.
I haven't located anything red yet to wear.I think I’ll wear a blue ribbon to highlight I have ME
& also where my invisible disability lanyard around my neck (though I will either be in a wheelchair or mobility scooter).I might bring some more blue ribbons if I remember in case anyone wants one on the day.Do come up & say hi if you see me #ScrapTheGreenPaper @disability@disabilityjustice@spoonies@mecfs
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.
It's downright fucked up and shameful that so many young, black men have been killed by police that I had to think for a moment to know for sure which of the murders you were covering.
@_@disabilityjustice@disability@actuallyautistic
Thank you for the kind words. Unfortunately, it is very frequent with BIPOC but, I focus mainly on people with invisible disabilities. Elijah McClain was autistic like me and countless others. One report states that 50% of people killed by police, have a disability. To me Elijah McClain is a hero and one of the main reasons, aside from personal experience, that I do what I do. Support from people such as yourself is needed if these things are ever going to cease. Thank you again.
"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.
@OutOfExile_IDR_Voice@disabilityjustice@disability You’re so right, it’s heartbreaking the frequency and overall silence. In fact, in May of 2013 I referenced this silence. https://mardrasikora.com/the-silence-that-frightens-me/ I’ve written many, many words on Ethan’s story. Patti, his mother, has fought bravely for justice (did not get) and change (facilitated some). Does it add up? Our voices together? It’s a tiny crack in the wall, let’s hope the sun gets through.
Federally Sanctioned Exploitation Of Workers with Disabilities – Happy Labor Day:
On this Labor Day, Out Of Exile – Invisible Disability Rights gives thanks and honor to workers and the unions that protect them. Without unions, the experience of many workers may be similar to that of the disabled. This piece will focus on the exploitation and abuse of disabled workers by employers , and how it's perfectly legal under federal and state laws in the US. Section 14(c) of the US Department of Labor's "Fair Standards And Labor Act" (FSLA), has been virtually unchanged since it was enacted in 1938. Under the almost century old regulation, employers can apply for a certificate which allows them to pay workers with disabilities, an unspecified subminimum wage.
The average sub wage and the number of disabled people seemingly exploited by this legislation, seems to vary among the sources linked below. By any account, even one person with disabilities being preyed upon in this way, is far too many. The wages are inhumane. A 2021 Forbes article claims over 320,000 people with disabilities, the majority with invisible disabilities, earn an average of $3.34 an hour. A previous Forbes article put the figures in excess of 420,000 people being paid as little as $2.15, while others cite drastically lower wages. Some organizations like Goodwill, form their own "sheltered workshops", determining their own limits on sub wages for their disabled workers. There seems to be no bottom limit on how little individuals with invisible disabilities can be paid.
"The non-profits use “time studies” to calculate the salaries of Section 14 (c) workers. With a stopwatch, staff members time how long it takes a disabled worker to complete a task. That time is compared with how long it would take a person without a disability to do the same task. The non-profit then applies a formula to calculate a rate of pay, which may be equal to or less than minimum wage".
A decade ago, NBC reported that Goodwill industries, presumably by authority of their DOL "Section 14(c) certificate", paid disabled workers twenty-two cents an hour. The report claims that some were paid as little as three or four cents an hour. Think about paying your bills 10 years ago on a wage like this. Some nonprofits, even place Section 14(c) workers in outside, for-profit endeavors in restaurants, stores and even, "IRS centers". That sounds more like calculated exploitation, rather than accommodation and equality. Though the "NBC-Goodwill" article and figures are old, the problem is older and still continues today.
The theory of sheltered workshops is to prepare individuals with disabilities to transition to outside employment. In Missouri, disabled workers packaging T-shirts or sorting and counting dog treats to be sold for profit on Amazon, rarely "graduate" these workshops into regular paying jobs. Pay for sorting the $15 Amazon dog treats? $1.50 an hour while Jeff Bezos builds rocket ships. The title of the recent ProPublica article linked below, says it all. "Missouri Allows Some Disabled Workers to Earn Less Than One Dollar and Hour. The State Says It's Fine If That Never Changes". I say, show me change in the Show-Me state and across the country.
In a follow-up to that story by ProPublica, some participants of sheltered workshops said they approved, saying the alternative is to sit at home and do nothing. Are these opinion formed as a result of gas lighting or years of oppression accepted as "just the way it is"? It's time for new attitudes and alternatives for the disabled community when it comes to wages and employment. In some states, now there are.
About 16 states have changed or passed laws regarding disability subminimum wage exploitation but, nothing to speak of federally. A three year old press release from the National Council on Disability that "Applauded the US commission on civil rights call to repeal section 14(c)", seems to be the sum of that effort. Other states have actions in progress including: Connecticut, Minnesota, New Hampshire, New York. If you live in any of these states, now's the time for activism and to let your representatives know how you feel. Follow the ""legislation watch" APSE link to track progress. The Alternative? Similar actions introduced in Kentucky and West Virginia died in committee allowing this despicable injustice against disabled people in those states to continue. Change is up to everyone. What will you do to help stop the exploitation and abuse?
Disability doula. Peer support. Social support. Physical support. Cultural roots.
#MadLiterature
Newly disabled people aren’t given a ‘how-to’ guide. Disability doulas are closing those gaps.
The community care practice, pioneered by queer women of color, reorients newly disabled people to a different life
The 20+ year journey for me has been two-fold; discovering both my limits, and my capabilities notwithstanding disability. And you’re right, no one hands you a manual to go with your diagnosis. #isolation
Disability ID and Disability Deaths – How Police Killed Elijah McClain (1of2)
CONTENT WARNING (CW): The details and linked videos of this event may be disturbing to some. Image-eye contact.
Even with the positives disability designator IDs might bring, it's unlikely a card will prevent authorities from abusing and killing people with invisible disabilities. Aside from a change in attitudes, there are still far too many, long-overdue reforms needed. Many instances of police induced death involving the disabled, including people with autism, brain injury, and hearing impairments, were blamed on the victim. Most were, in fact, a direct result of: Ablest attitudes (ignorance), use of excessive force, and unacceptable treatment attributed to inadequate training. Utilizing invisible disabilities to scapegoat victims and bury the case, is another tactic often employed but, "inadequate training", is not what has killed so many people with disabilities.
Mentioned in part three of this piece, the history of one particular force, is a prime demonstration of a "pattern and practice", that has destroyed lives and families of people with invisible disabilities. According to other investigations, Aurora Colorado's pattern of policing, has raised concerns of implicit bias towards the disabled, POC and other marginalized people. Perhaps, one of the most famous examples from that city, is the death of a 23-year-old black man with autism and anemia, Elijah McClain. That case, sparked outrage from both the disabled and black communities, and with the first of three homicide trials set to begin in August, now is not the time to forget what happened to Elijah. The demeaning and despicable treatment he was subjected to, is not uncommon in "policing" of the disabled.
August 24, 2019: Elijah McClain, a massage therapist, violinist and "gentle soul", was walking home from a convenience store not, far from his home. Because of his anemia, which often made him feel cold, he was known to wear a ski mask. On his way home, someone in a house he passed called police to report an unarmed, "sketchy" individual. Minutes Later, Aurora PD's Nathan Woodyard saw Elijah walking to his home and stopped. Within 9 sec. of exiting his car, Woodyard had his hands on Elijah McClain. Just seconds later, officers Randy Roedema and Jason Rosenblatt showed up, also engaging with Elisha. As he explained he was an "introvert" and was "just walking home", one of the officers responded, "Relax, or I'm going to have to change this situation".
The officers had McClain against the wall before taking the five feet seven, 143 lb man to the ground. One of their body cameras was detached and landed in the grass, capturing an officer slowly walking out of view. With Elijah and police no longer being filmed clearly, one officer can be heard claiming, "he just grabbed your gun dude". Within four seconds of the allegation, Elijah can be heard choking as a result of police applying the carotid restraint, restricting his airflow. FOUR SECONDS?! One of the officers later told investigators that McClain "briefly" fell unconscious and the officers released their grasp on his neck. The chokehold was implemented only one min. and four sec. after the first officer exited his vehicle. The three officers involved, Woodyard, Rosenblatt and Roedema, all claimed their body cameras "fell off " in the "struggle" with this small statured young man.
The video footage is very difficult to listen to. Elijah McClain can be heard gasping as he pleads with officers to stop, saying, "I can't breathe". Elijah continues to plead, saying his name and that he was "just going home". Through his sobs, came the words myself and many others with invisible disabilities, will never forget. "I'm just different. I'm just different, that's all". It's hard to hear the police on the audio of one body cam but, Elijah's words are clear… "I'm so sorry. I have no gun. I don't do that stuff. I don't do any fighting. Why are you attacking me?". As officers ignore his pleas, they seem to spin tales of their "struggle" with a 143 pound person. One repeated the accusation that McClain tried to grab officer Roedema's gun, and that they "had" to use the carotid hold.
About six minutes after the initial contact by police, Elijah McClain can be heard vomiting for the first time. One of the officers commands him to "STOP" to which McClain apologized saying, "I'm sorry. I wasn't trying to do that. I just can't breathe correctly". In the next few minutes, McClain gets sick "a few more times" while officers held him facedown on the ground, telling him repeatedly to stop resisting. Reports say he was also handcuffed and still wearing the ski mask when he was sick, and as a result, was struggling to breathe. He may have been trying to roll on his side or remove the mask to breathe better, as police seemed to be acting out a show of "resisting arrest" for the body cam audio.
Police can be heard threatening him, "Don't get up. It's not gonna be good for you, I'm telling you right now". Another officer standing over him said "You keep messin' around, I'm unna bring my dog out here", saying he would let the dog attack Elijah. Approximately 11 minutes after the initial contact by officer Woodyard, the cameras capture police saying, "When the ambulance gets here, were gonna go ahead and give him some ketamine". This is also when they claimed "whatever he's on, he has incredible strength." Another concurs "yeah, crazy strength". It's alarming that police and individuals of such character, have authority to mandate the administering of this powerful sedative.
The timing of the accusation that Elijah McClain attempted to grab the firearm, only seconds after body cams were removed, is highly suspect. Again, McClain was 143 lbs, being held by three much larger men. While one of the officer's body cam was still attached, another can be heard telling him to "move" his camera. I don't believe the body cams dislodged, and firmly believe these accused murderers doffed them. The Maclean's attorney said police intentionally removed their body cameras "to support a false allegation that McClain reached for a gun". Though it is not clear on the video, there is absolutely, no doubt in my mind. The same is true, regarding their claims for body cam audio that Elijah was "struggling". If he was struggling, it was likely for air and survival.
The report from paramedics, Jeremy Cooper and Peter Cichuniec claimed that when they arrived, Elijah was displaying signs of "excited delirium". The snap "diagnosis" was made, despite never touching, talking to, or checking Maclean's vitals. Were these paramedics scapegoating in an effort to protect their fellow first responders? After incorrectly estimating his weight, the paramedics administered 500 mg of ketamine to McClain, a dosage for someone nearly 60 to 70 pounds larger. For those who believe in forcibly drugging people, the proper ketamine dosage for Elijah's weight, is about 325 mg. Approximately 23 minutes after Nathan Woodyard stopped "to talk" to McClain, the officers responsible were informed, Elijah, had no pulse. Less than a week later, he was declared brain-dead on August 27, 2019, and died, three days later on the 30th.
According to cpr.org–CPR news: "After McClain’s death, Dr. Stephen Cina, a contractor forensic pathologist for Adams County, completed the autopsy on Sept. 3, 2019. There were two Aurora police officers and two representatives from the Adams County District Attorney’s office in attendance". I'd be interested to hear that conversation, considering the findings of the autopsy. The Adams County corner ruled the cause of death as "undetermined" saying that, "a therapeutic amount" of ketamine was found in Maclean's system. The report, reeking of scapegoating, speculated about drug use and undiagnosed mental illness, while seeming to conclude nothing but suppositional "ifs".
Excerpt from Dr. Cina's report: "The manner of death may be accident if it was an idiosyncratic drug reaction,” . “It may be natural if (McClain) had an undiagnosed mental illness that led to excited delirium, if his intense physical exertion combined with a narrow coronary artery led to an arrhythmia, if he had an asthma attack, or if he aspirated vomit while restrained."... "It may be a homicide if the actions of officers led to his death (eg. carotid control hold…)”.
That's a lot of "Ifs". I can't help but wonder "IF", the presence of officers and DA personnel "may" have influence the doctors findings. In conjunction with the corners "undetermined" autopsy determination, Adams County DA Dave Young said, he would not bring charges against the officers. This seeming manipulation of justice, by those who controlled it, was met with outrage.
Another slap in the face, illuminating the culture of APD, occurred in October 2019, less than two months after Elijah's death. Several other officers returned to the scene, taking pictures while they joyfully reenacted the cardioid hold, used on McClain. In July, 2020, after the photos were made public, three officers were fired and one resigned. It's remarkable that they were fired for mocking and taking pictures, while the officers that killed Elijah were still patrolling the streets. The shouts of "Justice for Elijah", became louder as it seemed this heinous police action was being ignored. Once again, protesters took to the streets.
Protests, investigation, Arrests and Trials. Conclusion – "Justice for Elijah" below.
Justice for Elijah McClain – Trial Update for Friday Sept 29th:
⚠️ CW: Police Violence against People with Invisible Disabilities.
On Friday, a "Force and Control Tactics Instructor" from the "Federal Law Enforcement Training Center" was called by the prosecution. Dr. Marc Brown, is also a specialist in "de-escalation, constitutional policing, diversity and community trust building" for Polis Solutions, https://www.polis-solutions.net/ and was previously an police officer for 14 years.
Prosecuting attorney, Jonathan Bunge, showed segments of the body cam footage from August 24, 2019, the night the world suffered the loss of Elijah McClain. Bunge asked the expert witness to give his opinion on the officer's actions in the video. The questioning was focused on whether the officers on trial followed Aurora PD training, which was the subject of Sgt. Kevin Smith's testimony Thursday.
During cross-examination, the attorneys of the officers on trial for the murder, once again, focused on shifting blame to the paramedics administering the ketamine. He argued that it was the paramedics and not the officers, who did not properly care for Elijah McClain. Considering the whole account, none of them cared for him the way they should have, as professionals, or as human beings. That's just my legally insignificant opinion.
Dr. Brown testified that the officers did not adhere to the trainings they were given saying, they "should have listened" to Elijah when he pleaded, "I just can't breathe properly". He went on to say, they were trained to "check on" a person in "respiratory distress", and immediately call for "medical assistance".
In my view: Instead of doing their "duty" to "serve and protect", they told paramedics stories about "crazy strength" and gun grabbing, with no mention of Elijah's critical state. Equally, the paramedics injected the overdose of ketamine without checking his vitals or attempting to talk to him, solely based on the scenario presented by the assailant officers. "Excited delirium" was the EMTs' unfounded snap diagnosis. The defense attempted to shift blame to the sergeant on duty, during it's cross-examination.
During the more than four hours testimony of Mark Brown, one particular statement seemed all-encompassing of the accused failure to perform their duty:
"My opinion is that during the restraint their actions were inconsistent with this directive. During the restraint, Mr. McClain several times complained that he was having trouble breathing and during the restraint period there was no indication that they monitored his breathing or pulse. And when he complained of having trouble breathing, there was no adjustment made to him and he was on his side at the time."; Brown testified.
The trial has yet to touch on the unnecessary force seemingly used by defendants, Roedema and Rosenblatt. Not only did they not care for Elijah, the audio from the doffed body cams suggest to me, they were still roughing him up in the early stages of his distress, at least. The whole time they seemed to be acting out a scenario of resistance for the cameras lying on the grass. This is just my impression watching the footage. Elijah was still handcuffed and wearing the mask, which almost certainly contributed to his inability to breathe. If I were a jury of 12 in this trial, the body cam footage would be enough for the case to have been long since decided.
Other witnesses included an Aurora PD CSI that photographed the Adams County coroner's autopsy, and officer Darren Dunson. The prosecution showed the body cam footage of Dunson, who came on the scene after McClain had been assaulted and restrained. The trial is scheduled to resume on Tuesday, October 3rd.
Click here 🧠 for the full account of what was done to Elijah.
Justice for Elijah McClain – Trial Update for Friday, Oct 6th:
⚠️ CW: Police Violence against People with Invisible Disabilities.
Forensic pathologist, Dr. Roger Mitchell resumed his testimony for the prosecution Friday. A large portion of the questioning was in redirect of the defense's cross-examination of Mitchell yesterday. Prosecutors rested their case following the testimony of the expert witness.
The jury was then excused for an extended period of legal wrangling by attorneys, over definition of certain terms. One of the attorneys for defendants, Roedema and Rosenblatt also argued that, none of the witnesses directly implicated either of the accused officers. Citing that testimony focused on conduct of "officers" in general, they again shifted blame to the ketamine and paramedics.
In the afternoon session, the officer's attorneys requested a detailed written account of the complaints against the defendants, known as a bill of particulars. With the jury still absent, attorneys for the accused continued their argument about "officer" implication and ketamine as the cause of death. Rosenblatt's attorney raised the question; could his client have known in advance, that EMTs would issue a fatal dose of ketamine to Elijah McClain? He answered himself saying, "...no."
Attorneys for each of the defendants also filed a "Motion for Judgment of Acquittal", under rule 29 of Colorado law. It's an option afforded to the defense in criminal trials, once prosecutors have finished presenting their case. Motion, denied! After the court asked Roedema and Rosenblatt if they would be testifying, the defense ultimately, called no witnesses and rested their case. It seems they will be using evidence presented by the prosecution to refute the claims, that the two officers were responsible for killing Elijah McClain.
A pretrial proceeding in the case of the first officer on the scene, Nathan Woodyard, is scheduled for Monday. Woodyard, who's being tried alone, put his hands on Elijah within 10 seconds of exiting his vehicle. Roedema and Rosenblatt arrived seconds later, further escalating the interaction with the 23-year-old autistic man. It's likely, Woodyard's defense may also shift blame to paramedics while attempting to separate the accused from the actions of the other two officers on trial. He is also charged with manslaughter, criminally negligent homicide, and assault.
Jurors in the Roedema and Rosenblatt trial will return to court Tuesday, when closing argument are expected to begin.
Click here 🧠 for the full account of what was done to Elijah.
I was sick, and you said "You look fine to me".
I was sick, and you cast me off.
I was sick, and you used it against me.
I was sick, and you took my health care.
I was sick, and you battered and killed.
I was sick, and you fought for a wooden hammer.
I was sick, and you fought about blue and red.
I was sick, and you fought as the nations watched with disdain.
I was sick, and you fought the "wrong" while resembling it.
I was sick, as you fought for "all" but, forgot about us.
My adaptation of Matthew 25:39 inspired by the work below. (Not an endorsement for religion or church)
I was hungry, and you blamed it on the communist
I was hungry, and you circled the moon.
I was hungry, and you told me to wait
I was hungry, and you set up a commission.
I was hungry, and you said "So were my ancestors".
I was hungry, and you said we don't hire over 35.
I was hungry, you said God helps those…
I was hungry, and you told me I shouldn't be.
I was hungry, and you told me machines do that work now.
I was hungry, and you had napalm bills to pay.
I was hungry, and you said the poor are always with us.
Lord, when did we see you hungry?
(Ireland)
The Proof of Impairment Working Group of Independent Living Movement Ireland (ILMI) are running a survey on disabled parking permits which some people with disabilities and disabling #chronicillnesses might be interested in completing, as I have done.
A link was included in their latest e-bulletin:
[https://mailchi.mp/ad1d91ba6b75/ilmi-ebulletin-17th-of-november-2023?e=UNIQID]