Monday, June 1, 2020

George Floyd: RIP: Minnesota: Major Development: Independent autopsy conducted by Michael Baden and Allecia Wilson contradicts the official report, Associated Press ( Los Angeles Times reports..."The family’s autopsy differs from the official autopsy as described in a criminal complaint against the officer. That autopsy included the effects of being restrained, along with underlying health issues and potential intoxicants in Floyd’s system, but also said it found nothing “to support a diagnosis of traumatic asphyxia or strangulation."


PASSAGE OF THE DAY: "An autopsy commissioned for George Floyd’s family found that he died of asphyxiation due to neck and back compression when a Minneapolis police officer held his knee on Floyd’s neck for several minutes and ignored his cries of distress, the family’s attorneys said Monday. The autopsy by a doctor who also examined Eric Garner’s body found the compression cut off blood to Floyd’s brain, and weight on his back made it hard to breathe, attorney Ben Crump said at a news conference. The family’s autopsy differs from the official autopsy as described in a criminal complaint against the officer. That autopsy included the effects of being restrained, along with underlying health issues and potential intoxicants in Floyd’s system, but also said it found nothing “to support a diagnosis of traumatic asphyxia or strangulation.”

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PASSAGE TWO OF THE DAY: "The head of the Minneapolis police union said in a letter to members that the officers were fired without due process and labor attorneys are fighting for their jobs. Lt. Bob Kroll, the union president, also criticized city leadership, saying a lack of support is to blame for the days of sometimes violent protests. When asked to respond, Mayor Jacob Frey said: “For a man who complains so frequently about a lack of community trust and support for the police department, Bob Kroll remains shockingly indifferent to his role in undermining that trust and support.” Frey said Kroll’s opposition to reform and lack of empathy for the community has undermined trust in the police."

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STORY: "Independent autopsy of George Floyd contradicts official report, The Associated Press reports, published by The Los Angeles Times on June 1, 2020.

GIST: "An autopsy commissioned for George Floyd’s family found that he died of asphyxiation due to neck and back compression when a Minneapolis police officer held his knee on Floyd’s neck for several minutes and ignored his cries of distress, the family’s attorneys said Monday.

The autopsy by a doctor who also examined Eric Garner’s body found the compression cut off blood to Floyd’s brain, and weight on his back made it hard to breathe, attorney Ben Crump said at a news conference.

The family’s autopsy differs from the official autopsy as described in a criminal complaint against the officer. That autopsy included the effects of being restrained, along with underlying health issues and potential intoxicants in Floyd’s system, but also said it found nothing “to support a diagnosis of traumatic asphyxia or strangulation.”

Floyd, a black man who was in handcuffs at the time, died after the white officer ignored bystander shouts to get off him and Floyd’s cries that he couldn’t breathe. His death, captured on citizen video, sparked days of protests in Minneapolis that have spread to cities around America.

The official autopsy last week provided no other details about intoxicants, and toxicology results can take weeks. In the 911 call that drew police, the caller described the man suspected of paying with counterfeit money as “awfully drunk and he’s not in control of himself.”

Crump said last week that he was commissioning the family’s own autopsy. Floyd’s family, like the families of other black men killed by police, wanted an independent look because they didn’t trust local authorities to produce an unbiased autopsy.

The family’s autopsy was conducted by Michael Baden and Allecia Wilson. Baden is the former chief medical examiner of New York City, who was hired to conduct an autopsy of Eric Garner, a black man who died in 2014 after New York police placed him in a chokehold and he pleaded that he could not breathe.

Baden also conducted an independent autopsy of Michael Brown, an 18-year-old shot by police in Ferguson, Missouri. He said Brown’s autopsy, requested by the teen’s family, didn’t reveal signs of a struggle, casting doubt on a claim by police that a struggle between Brown and the officer led to the shooting.

The officer who held his knee on Floyd’s neck, Derek Chauvin, has been charged with third-degree murder and manslaughter and is in custody in a state prison. The other three officers on scene, like Chauvin, were fired the day after the incident but have not been charged.

Crump on Monday called for the remaining three officers to be arrested and for the charge against Chauvin to be upgraded to first-degree murder.

The head of the Minneapolis police union said in a letter to members that the officers were fired without due process and labor attorneys are fighting for their jobs. Lt. Bob Kroll, the union president, also criticized city leadership, saying a lack of support is to blame for the days of sometimes violent protests.

When asked to respond, Mayor Jacob Frey said: “For a man who complains so frequently about a lack of community trust and support for the police department, Bob Kroll remains shockingly indifferent to his role in undermining that trust and support.” Frey said Kroll’s opposition to reform and lack of empathy for the community has undermined trust in the police.

Gov. Tim Walz announced Sunday that Attorney General Keith Ellison would take the lead in any prosecutions in Floyd’s death. Local civil rights activists have said Hennepin County Attorney Mike Freeman doesn’t have the trust of the black community. They have protested outside his house, and pressed him to charge the other three officers.

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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