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.
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.