Dr. David Fowler testifies at trial of Derek Chauvin
ANNAPOLIS, Md. (AP) — An audit of Maryland autopsies has uncovered at least 36 deaths in police custody that should have been considered homicides, state officials announced Thursday following a comprehensive review of such cases spurred by widespread concerns about the former state medical examiner’s testimony in the death of George Floyd.
Medical examiners under Dr. David Fowler displayed racial and pro-police bias, according to the review. They were “especially unlikely to classify a death as a homicide if the decedent was Black, or if they died after being restrained by police,” Attorney General Anthony Brown said Thursday during a news conference.
“These findings have profound implications across our justice system,” Brown said. “They speak to systemic issues rather than individual conduct.”
The auditors reviewed 87 in-custody death cases after medical experts called Fowler’s work into question because he testified that police weren’t responsible for Floyd’s death. The Maryland team focused on cases in which people died suddenly after being restrained, often by police, officials said.
Three-person panels evaluated each autopsy and, in 36 cases, they unanimously concluded that the deaths should have been classified as homicides but were not. In five more cases, two of the three reviewers came to that conclusion.
In a national investigation published last year, The Associated Press and its reporting partners found that medical examiners and coroners, whose rulings have huge consequences in the courts, can face pressure from law enforcement to exonerate officers. Some medical officials based their decisions not on physical evidence, but instead on whether they believed police intended to kill.
When deaths are ruled accidental, prosecutions of officers are exceedingly rare — of 443 cases that were ruled accidental, just two resulted in criminal charges. A family’s chances of winning a wrongful death lawsuit also become much tougher.
Fowler, who testified for the defense at the 2021 murder trial of former Minneapolis police Officer Derek Chauvin, attributed Floyd’s death to a sudden heart rhythm disturbance as a result of his heart disease — a widely rejected theory that did little to persuade the jury. Chauvin was ultimately convicted of murder and manslaughter for kneeling on Floyd’s neck for more than nine minutes.
After his conviction, 400 medical experts signed a letter to the Maryland attorney general asserting that Fowler’s testimony deviated way outside the bounds of accepted forensic practice. In addition to citing heart problems, he classified the manner of death as “undetermined” rather than “homicide.”
The letter called for an investigation to determine whether the office’s in-custody death determinations under Fowler’s leadership exhibited certain bias, among other potential issues.
Officials said Thursday that their audit found a troubling systemic pattern.
Nearly half of the reviewed cases cited “excited delirium” as a cause of death, a diagnosis that has been debunked by medical experts in recent years. Critics say it was often used to justify excessive force by police. The report recommended that medical examiners stop using the term altogether.
Fowler was Maryland’s chief medical examiner from 2002 to 2019.
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