By BRIAN WITTE and LEA SKENE

ANNAPOLIS, Md. (AP) — An audit of Maryland autopsies has uncovered at the very least 36 deaths in police custody that ought to have been thought of homicides, state officers introduced Thursday following a complete assessment of such instances spurred by widespread considerations in regards to the former state health worker’s testimony within the dying of George Floyd.

“These findings have profound implications across our justice system,” Brown mentioned. “They speak to systemic issues rather than individual conduct.”

The auditors reviewed 87 in-custody dying instances after medical specialists known as Fowler’s work into query as a result of he testified that police weren’t liable for Floyd’s dying. The Maryland crew targeted on instances through which folks died instantly after being restrained, typically by police, officers mentioned.

Three-person panels evaluated every post-mortem and, in 36 instances, they unanimously concluded that the deaths ought to have been categorised as homicides however weren’t. In 5 extra instances, two of the three reviewers got here to that conclusion.

Fowler didn’t instantly reply to messages looking for remark.

State officers may reopen dying investigations

Democratic Gov. Wes Moore mentioned he has signed an govt order directing Brown to assessment the 41 instances and decide if any needs to be reopened for investigation.

Moore acknowledged the households whose family members have died in police custody, a few of whom have been “screaming for this type of analysis — and have been met with silence.” He additionally acknowledged the numerous members of legislation enforcement who do their jobs honorably and shield the general public.

Moore mentioned he has additionally created a statewide process pressure to review the deaths of individuals restrained in legislation enforcement custody. He mentioned the state received’t shrink back from rooting out misconduct and dealing to create a extra equitable justice system.

Amongst a listing of suggestions, the assessment urged higher coaching for legislation enforcement officers on the hazards of improper restraint strategies. It additionally directed the Workplace of the Chief Medical Examiner to create standardized procedures for investigating restraint-related deaths.

The governor described the assessment as the primary of its type within the nation, saying he hopes it’ll present a mannequin for comparable investigations elsewhere.

In a nationwide investigation revealed final yr, The Related Press and its reporting companions discovered that medical experts and coroners, whose rulings have large penalties within the courts, can face stress from legislation enforcement to exonerate officers. Some medical officers based mostly their selections not on bodily proof, however as a substitute on whether or not they believed police supposed to kill.

When deaths are dominated unintentional, prosecutions of officers are exceedingly uncommon — of 443 instances that have been dominated unintentional, simply two resulted in legal fees. A household’s possibilities of successful a wrongful dying lawsuit additionally grow to be a lot more durable.

Whereas the audit findings are troubling, Maryland officers mentioned they don’t counsel intentional or malicious conduct. They emphasised {that a} murder classification merely means somebody died due to one other individual’s motion, not essentially that the officers concerned needs to be prosecuted.

Fowler was criticized for embracing a broadly rejected idea

Fowler, who testified for the protection on the 2021 homicide trial of former Minneapolis police Officer Derek Chauvin, attributed Floyd’s dying to a sudden coronary heart rhythm disturbance on account of his coronary heart illness — a broadly rejected idea that did little to steer the jury. Chauvin was in the end convicted of homicide and manslaughter for kneeling on Floyd’s neck for greater than 9 minutes.

After his conviction, 400 medical specialists signed a letter to the Maryland legal professional common asserting that Fowler’s testimony deviated approach outdoors the bounds of accepted forensic follow. Along with citing coronary heart issues, he categorised the way of dying as “undetermined” relatively than “homicide.”

The letter known as for an investigation to find out whether or not the workplace’s in-custody dying determinations underneath Fowler’s management exhibited sure bias, amongst different potential points.

Officers mentioned Thursday that their audit discovered a troubling systemic sample.

Practically half of the reviewed instances cited “excited delirium” as a reason for dying, a prognosis that has been debunked by medical specialists lately. Critics say it was typically used to justify extreme pressure by police. The report beneficial that medical experts cease utilizing the time period altogether.

Fowler was Maryland’s chief health worker from 2002 to 2019.

Two high-profile deaths are among the many 41 instances highlighted

In 2023, state officers authorised a settlement settlement that reformed the method for conducting autopsies on folks killed in police custody.

That change got here in response to the 2018 dying of Anton Black, who died in police custody on Maryland’s Jap Shore. His dying was captured on video, which confirmed police in rural Greensboro holding the unarmed teenager down for greater than six minutes. Fowler dominated that Black died due to a sudden cardiac occasion whereas scuffling with police — not as a result of they pinned him in a susceptible place. His dying was declared an accident.

Fowler equally dominated that Tyrone West died of pure causes after scuffling with Baltimore police following a site visitors cease in 2013. Witnesses and the officers themselves mentioned there was a violent wrestle between the officers and West. His method of dying was undetermined, in accordance with the post-mortem.

Each Black and West are actually included on the record of instances that ought to have been dominated homicides.

Tawanda Jones, West’s sister who has held weekly rallies for 616 weeks to spotlight his case, mentioned she feels one thing constructive will come from the investigation. “They’re finally listening to me now,” Jones mentioned. “It feels good that finally they’re listening.”

Fowler’s tenure additionally included the dying of Freddie Grey 10 years in the past. The post-mortem concluded Grey died from spinal accidents sustained throughout transport in a Baltimore police van. It additionally categorised his dying as a murder as a result of officers repeatedly failed to hunt medical consideration whereas he was in misery. Prosecutors filed fees in opposition to six officers, however none have been convicted.

Initially Printed: Could 15, 2025 at 6:25 PM EDT