Denver7 is following the trial for two Aurora officers who have pleaded not guilty to charges of manslaughter, criminally negligent homicide in the arrest of Elijah McClain.
Denver7 is following the trial for two Aurora officers, Randy Roedema and Jason Rosenblatt who have pleaded not guilty to charges of manslaughter, criminally negligent homicide and second-degree assault in the arrest of Elijah McClain, a 23-year-old massage therapist, encountered police on Aug. 24, 2019 after a person called 911 to report a “sketchy” man walking in Aurora.Police responded and put McClain, who was unarmed and had not committed a crime, into a neck hold.
"We are entitled to a mistrial," Harvey Steinberg, the attorney representing officer Rosenblatt said, stating the supplemental information would have been key to the defense when cross-examining Dr. David Beuther last week."I would have handled him differently in terms of the ketamine process and in terms of his testimony that he believes that Mr. McClain was overdosed,"
Just before the proceedings were haulted until Noon, the Judge admonished prosecutors on the late disclosure of documents and told the People to ensure all documents and witness statements were turned over to the defense within 12 hours of their completion.TUESDAY, SEPTEMBER 26TRIAL RESUMES JUST AFTER 9 A.M. WITH CROSS EXAMINATION OF DR. BEUTHER
Two years later, the question was, what would happen if emergency responders hadn't administered ketamine to McClain, what the consequences would be. Dr. Beuther said he could've changed his opinion, but he said in the supplemental report, he clarified those questions, adding his findings since the preliminary report supported his initial opinions.
"Even with a higher dose than normal, he could've survived if the paramedics intervened?" officer Rosenblatt's defense attorney Harvey Steinberg asked.The prosecution put a finer point on Dr. Beuther's analysis that the ketamine was a primary cause of McClain's death, but not the only thing that contributed to his death.
The court went into recess just after noon to break for lunch and proceedings are expected to resume around 1 p.m.
During cross examination, the defense asked the retired lieutenant about crime statistics, and if he ever provided documents pertaining to those stats, to which Wesner said"no." Attorneys for Rosenblatt then asked if he ever provided the attorney general's office any records indicating whether Rosenblatt failed to complete any trainings. Wesner said he didn't recall seeing documents that Rosenblatt didn't complete any trainings.
"Depends on the person's demeanor," the woman said."If a person isn't creating a commotion or not threatening anyone, then I would not ."AUDIO OF 911 CALL REPORTING"SKETCHY" MAN WAIVING HIS ARMS IS PLAYED The caller did not report that any sort of crime was going on when they made the call to police, according to Furlehr.
Later, the defense would note the call was updated by a captain to note that an officer had been assaulted. In his testimony, Dr. Moss explained two separate apnea tests were performed on McClain, one on Monday, August 26 and the second the following day. Dr. Beuther also confirmed autopsy reports McClain had marijuana and ketamine in his system but it was his opinion marijuana was not a relevant contributor in the death:"it doesn't affect your breathing or make it harder to breathe," he said.
Again, citing his opinion of a reasonable degree of medical certainty, Dr. Beuther testified McClain likely"had an aspiration event and had fluid filing part of his lungs — that causes low oxygen," he said."What is uncertain, what would be the outcome if we froze everything in time at that point — put him in a hospital and took care of him."
"When he is on the ground he has some changes in how he looks and acts," said Dr. Beuther."Medically, didn't seem to be any other reason I could find other than hypoxia," he testified. "I see a big change. We had somebody talking to use — even trying to make — complex sentences," he said as more video was shown in court."Here, when directly interrogated — he's not really talking and doesn't look as interactive — there's been a change in his status."
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Elijah McClain case blog: Tuesday, September 26 updatesDenver7 is following the trial for two Aurora officers who have pleaded not guilty to charges of manslaughter, criminally negligent homicide in the arrest of Elijah McClain.
Read more »
What to know about Elijah McClain's death and the criminal trial of two officersThe trial of two Denver-area police officers charged in Elijah McClain’s 2019 death is underway this week
Read more »
What to know about Elijah McClain's death and the criminal trial of two officersThe trial of two Denver-area police officers charged in Elijah McClain’s 2019 death is underway this week
Read more »
What to know about Elijah McClain's death and the criminal trial of two officersThe trial of two Denver-area police officers charged in Elijah McClain’s death resumes Tuesday as prosecutors press their case that excessive force transformed the late-night stop of the Black man in the summer of 2019 into a fatal encounter.
Read more »
What to know about Elijah McClain's death and the criminal trial of two officersThe trial of two Denver-area police officers charged in Elijah McClain’s death resumes Tuesday
Read more »
What to know about Elijah McClain's death and the criminal trial of two officersThe trial of two Denver-area police officers charged in Elijah McClain’s death resumes Tuesday.
Read more »