Monday, May 17, 2021

George Floyd. RIP Minnesota (and others): Black people, genetic traits and "police cover."...New York Times reporters Michael La Forgia and Jennifer Valentino-DeVries..."As recently as August, lawyers for Derek Chauvin, the Minneapolis police officer convicted last month of murdering George Floyd, invoked sickle cell trait in an unsuccessful motion to dismiss the case against him, saying that the condition, along with other health problems and drug use, was the reason Mr. Floyd had died. The New York Times has found at least 46 other instances over the past 25 years in which medical examiners, law enforcement officials or defenders of accused officers pointed to the trait as a cause or major factor in deaths of Black people in custody. Fifteen such deaths have occurred since 2015."


PASSAGE OF THE DAY: "Mr. Perry’s case underscores how willing some American pathologists have been to rule in-custody deaths of Black people accidents or natural occurrences caused by sickle cell trait, which is carried by one in 13 Black Americans and is almost always benign."

----------------------------------------------------------

STORY: "How a genetic trait in Black people can give the police cover," by reporters Michael La Forgia and Jennifer Valentini-DeVries, published by The New York Times on May 15, 2021.


GIST: (This complex, carefully structured story defies abridgement...So until you read it yourselves,  which I highly recommend) here is a bit of a taste. HL): "When they carried the body of a 32-year-old Black man named Lamont Perry out of the woods in Wadesboro, N.C., there were no protests over his sudden death in police custody.


No reporters camped at the scene. No lawyers filed suit.


Instead, the final mark in the ledger of Mr. Perry’s life was made by a state medical examiner who attributed his death in large part to sickle cell trait, a genetic characteristic that overwhelmingly occurs in Black people. The official word was that he had died by accident.


But the examiner’s determination belied certain facts about that night in October 2016, public records and interviews show. Accused of violating probation in a misdemeanor assault case, Mr. Perry was chased by parole and local police officers through the dark into a stand of trees, where only they could witness what happened next.


He had swelling of the brain, and a forensic investigator reported that he had an open fracture of his right leg. He was covered in dirt, and residents of a nearby housing complex told his family that when the officers emerged from the woods, their shoes and the bottoms of their pants were spattered in blood.


Mr. Perry’s case underscores how willing some American pathologists have been to rule in-custody deaths of Black people accidents or natural occurrences caused by sickle cell trait, which is carried by one in 13 Black Americans and is almost always benign.


Those with the trait have only one of the two genes required for full-blown sickle cell disease, a painful and sometimes life-threatening condition that can deform red blood cells into crescent shapes that stick together and block blood flow.


As recently as August, lawyers for Derek Chauvin, the Minneapolis police officer convicted last month of murdering George Floyd, invoked sickle cell trait in an unsuccessful motion to dismiss the case against him, saying that the condition, along with other health problems and drug use, was the reason Mr. Floyd had died.


The New York Times has found at least 46 other instances over the past 25 years in which medical examiners, law enforcement officials or defenders of accused officers pointed to the trait as a cause or major factor in deaths of Black people in custody.


 Fifteen such deaths have occurred since 2015.


In roughly two-thirds of the cases, the person who died had been forcefully restrained by the authorities, pepper-sprayed or shocked with stun guns. Scattered across 22 states and Puerto Rico, in big cities and small towns, the determinations on sickle cell trait often created enough doubt for officers to avert criminal or civil penalties, The Times found."


The entire story can be read at: 


https://www.nytimes.com/2021/05/15/us/african-americans-sickle-cell-police.html

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;
-----------------------------------------------------------------
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;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;