Government Audit Finds 36 Wrongfully Classified In-Custody Deaths

A newly released independent audit of nearly 90 in-custody deaths in Maryland from 2003 to 2019 found that 36 cases should have been classified as homicides but were not. The review, initiated after a 2021 letter from over 400 medical professionals, raised concerns about the former chief medical examiner, Dr. David Fowler, whose testimony in the Derek Chauvin trial drew widespread criticism. Maryland Attorney General Anthony Brown noted that the audit “validated concerns that bias may have affected death investigations in Maryland,” particularly in cases involving Black individuals and police restraint.

The audit found that in cases where all reviewers agreed a death should be classified as a homicide, the Office of the Chief Medical Examiner “rarely certified the manner as homicide, and they did so even less if the decedent was Black.” The report also noted that examiners “more often failed to acknowledge restraint as a potential contributing factor if the decedent had been restrained by police.” For instance, the 2018 death of Anton Black, initially ruled an accident, was reclassified as a homicide in the audit.

The report highlighted the controversial concept of “excited delirium,” which the American Medical Association has since discredited. The term, often used to justify deaths involving extreme physical agitation and police restraint, was cited as a cause in nearly half of the disputed cases. The audit noted that this outdated concept was promoted in Maryland through publications by Fowler and his successor, Dr. Pamela Southall.

Maryland Governor Wes Moore has responded by directing the state attorney general to review the disputed cases and assess the potential for criminal charges. The state has also formed a task force to ensure future investigations are more transparent and unbiased. Moving forward, the audit recommended periodic reviews to prevent similar issues and emphasized the critical role of body camera footage, which was largely absent in the cases reviewed.

Former Attorney General Brian Frosh had initiated the audit, stating that disagreements over Fowler’s testimony were not just about differing medical opinions but about fundamental ethical concerns.

Link: The Baltimore Banner