According to a state attorney general’s office and 431 physicians who weren’t even interested in the case, a retired medical examiner who appeared for the prosecution in the Derek Chauvin case may have his career scrutinized because he came to the conclusion that the former Minneapolis police officer didn’t kill George Floyd.

The Maryland Attorney General’s Office reported Friday it wants to look into “in custody” death claims by Dr. David Fowler, who used to work for the state’s Office of the Chief Medical Examiner, according to a Baltimore Sun story.

According to an April 14 Associated Press story, the former forensic pathologist, who was serving as a consultant to the defense, said in his sworn testimony that an irregular heart rhythm, cardiovascular disease, drug consumption, and carbon monoxide poisoning “all… combined to cause Mr. Floyd’s death.”

The announcement by the Maryland AG was inspired in part by a letter to the office from Dr. Roger A. Mitchell, the former medical examiner of Washington, D.C., which was signed by 430 other physicians.

Michell argued in his statement. “Dr. Fowler’s stated opinion that George Floyd’s death during active police restraint should be certified with an ‘undetermined’ manner is outside the standard practice and conventions for investigating and certification of in-custody deaths,” “This stated opinion raises significant concerns for his previous practice and management.”

According to a 2019 Sun article announcing Fowler’s retirement, his 17-year term as Maryland’s chief medical examiner began in 2003.

Mitchell claimed that one of the reasons Fowler’s in-custody death reports during his tenure as chief of the office contained speculation was because Fowler’s testimony during the Chauvin trial included speculation.

According to WTOP-TV, the letter said, “The cause of death opinion, particularly the portion that suggested open-air carbon monoxide exposure as contributory, was baseless, revealed obvious bias, and raised malpractice concerns.”

The fact that 431 doctors who were not involved in the case are now opining about what constitutes “baseless” and allegedly shows “obvious prejudice” is ironic. But that’s beside the point, because it’s a complete misrepresentation of Fowler’s testimony in the Chauvin case.

Carbon monoxide, which replaces oxygen in the bloodstream, was not examined during Floyd’s autopsy, according to Fowler. However, given that Floyd was seen on video facing an open tailpipe of a moving vehicle while on the field, Fowler believes it may have been one of the factors contributing to Floyd’s death.

According to the Associated Press, an irregular heart rhythm does not necessarily turn up on an autopsy. Floyd’s clogged arteries, a history of hypertension, and the level of medications in his bloodstream were among the other factors reported on the death study.

However, the undersigned requested that the Maryland Attorney General’s Office investigate in-custody death cases where Fowler identified the death as a “accident” or “undetermined” regardless of Fowler’s testimony. What is the reason for this? They speculated that he may be shielding cops from legal consequences.

The attorney general’s office agrees that a review is necessary based on this limited information.

According to the Sun, Raquel Coombs, a spokeswoman for Democrat Maryland Attorney General Brian Frosh, said in a statement, “We agree that it is appropriate for independent experts to review reports issued by the Office of the Chief Medical Examiner (OCME) regarding deaths in custody.”

“We are already in conversations with the Governor’s Office about the need for such a review, and have offered to coordinate it.”

However, the undersigned requested that the Maryland Attorney General’s Office investigate in-custody death cases where Fowler identified the death as a “accident” or “undetermined” regardless of Fowler’s testimony. What is the reason for this? They speculated that he may be shielding cops from legal consequences.

The attorney general’s office agrees that a review is necessary based on this limited information.

According to the Sun, Raquel Coombs, a spokeswoman for Democrat Maryland Attorney General Brian Frosh, said in a statement,
“We agree that it is appropriate for independent experts to review reports issued by the Office of the Chief Medical Examiner (OCME) regarding deaths in custody.”

“We are already in conversations with the Governor’s Office about the need for such a review, and have offered to coordinate it.”

This is troubling in a number of ways, including the fact that the evidence for the investigation — aside from the fact that Fowler testified in favor of the most controversial defendant in the media since Orenthal James Simpson — is basically nonexistent, and the effect isn’t just theoretical.

The Baltimore Sun’s coverage of Fowler’s testimony is a masterwork of a media outlet that has abandoned all objectivity. For example, the Sun reported that Fowler’s evidence “contradicts” or “contradicts” the prosecution; try to think of another situation in which the prosecution’s claims were construed by the media as so similar to gospel truth that someone who expressed an opposing viewpoint was said to be “contradicting” them.

“Fowler had come under scrutiny more than a decade ago due to the medical examiner’s office finding the cause of death ‘undetermined’ in hundreds of cases, mostly drug-related, each year,” the Sun also said that the investigation was justified.

This is supported by a related 2008 Sun column that focuses almost exclusively on Fowler’s classification of overdoses as “undetermined” rather than “accidental.” (The column is largely supportive of Fowler’s tactics.)

According to the column, this was “a standard that predates his arrival in the office in 1993.” “Accusations that arise from time to time that the city is hiding bodies” are the only hint that something was wrong. How do you do it? By persuading the state’s chief medical examiner to retain them in the pending or undetermined group, they will either defer or indefinitely avoid being counted as murderers.”

Yes, there are unattributed “accusations that pop up now and then.” Now I’m sure Mitchell’s letter and its 430 co-signers have little to do with a history of dubious death categorization and little to do with chastising a man for assisting Derek Chauvin’s protection.

While this allegation may be purely hypothetical, the consequences of a probe would not be. The family of Anton Black, a 19-year-old who died in police custody in 2018 after resisting arrest and being held down for six minutes, is suing Fowler, the state, and others. Black died as a result of a cardiac incident caused by the struggle, according to Fowler.

This isn’t “undetermined” in the least, but it offers a fairly ominous subtext for the study. There’s a greater question, however: The Maryland Attorney General’s Office is in charge of Fowler’s security, and it is now pushing for a review of Fowler’s in-custody death files. There is no conflict of interest, according to the office.

According to the Sun, Coombs said in her statement, “We have taken measures to wall off those in our office who are representing the [Office of the Chief Medical Examiner] and its current and former staff, including Dr. Fowler, from those who may be interested in any analysis of [the examiner’s] findings.”

But it shouldn’t be the most concerning aspect of this.

Through conducting this investigation, the Maryland Attorney General’s Office set a dangerous precedent, potentially cutting unpopular criminal suspects off from experts that might provide exculpatory proof, and opening a Pandora’s Box of wokeness that violates due process. This is a far cry from justice.

Sources:  Western Journal (1), Baltimore sun (1), Baltimore sun (2), Baltimore Sun (3), WTOP NewsWestern Journal (2), Western Journal (3), Western Journal (4), Western Journal (5),  Baltimore Sun (4), Western Journal (6)

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