Maryland audit finds racial bias in autopsies of police custody deaths
MD audit finds racial bias in autopsies of police custody deaths
An audit found that Maryland medical examiners misclassified 41 in-custody deaths as non-homicides, often labeling them as "accidental," "natural," or due to "excited delirium.
ANNAPOLIS, Md. - A new audit in Maryland reveals medical examiners in Maryland displayed racial and pro-police bias, finding 41 deaths in police custody should have been ruled as homicides.
What we know:
An independent audit reviewed 87 cases of in-custody deaths reviewed by Maryland medical examiners. The review found that in 44 of those cases, forensic experts disagreed with how the cause of death was originally classified.
Many of the cases were labeled "accidental," "natural," or the now-discredited term "excited delirium." In 41 cases, the reviewers concluded the deaths should have been ruled homicides.
"Medical examiners consistently misclassified restraint-related homicides that occurred in police custody," Attorney General Anthony Brown said.
Brown said in a news conference Thursday that medical examiners under Maryland’s former Chief Medical Examiner, Dr. David Fowler, were "especially unlikely to classify a death as a homicide if the decedent was Black, or if they died after being restrained by police."
"These findings have profound implications across our justice system," Brown said. "They speak to systemic issues rather than individual conduct."
Dig deeper:
The probe began in 2021 after Fowler testified in the George Floyd murder trial. Fowler was Maryland’s chief medical examiner from 2002 to 2019.
Fowler gave disputed testimony in the George Floyd murder trial, suggesting that Minneapolis officer Derek Chauvin was not responsible for Floyd’s death. He claimed excited delirium, not the actions of police, caused Floyd’s death.
That testimony prompted a review of his work in Maryland.
The audit found that deaths involving Black individuals restrained by police were less likely to be classified as homicides.
What's next:
In response to the audit, Maryland Governor Wes Moore has signed an executive order to launch a new state task force that will reexamine these in-custody death cases — and determine whether criminal charges should be filed.
"The findings of this audit are deeply concerning. It’s going to take time to digest a report that was prepared over the course of four long years," said Moore.
The newly formed task force will be made up of government officials, forensic scientists, legal experts, law enforcement, and community advocates.
They’ll dig deeper into these deaths—and decide whether criminal charges should be brought.
Moore also ordered Brown to review the 41 cases and determine if any should be reopened for investigation.