Exposing Maryland Autopsy Bias in Custody Deaths

Maryland In-Custody Deaths: Exposing Racial Bias in Autopsies

By Darius Spearman (africanelements)

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A Troubling Revelation: Systemic Misclassification

A recent independent audit in Maryland has cast a stark light on what many in the Black community have suspected for far too long: systemic racial bias in the classification of in-custody deaths. This groundbreaking review examined 87 cases of deaths that occurred while individuals were detained or in interactions with law enforcement. Shockingly, the audit found that between 36 and 41 of these deaths were misclassified and should have been ruled as homicides, not accidental, natural, or even categorized under the controversial term “excited delirium” (Fox 5 DC). Among these reclassifications, a staggering 36 cases received unanimous agreement from all three independent reviewers, solidifying the audit’s findings (WYPR).

Maryland Attorney General Anthony Brown spoke directly to this issue, noting that medical examiners consistently misclassified restraint-related homicides, particularly when the person who died was Black or when their death followed police restraint (Fox 5 DC). This pattern reveals more than just isolated errors; it points to deeply embedded systemic issues and racial disparities within the death classification process. The audit highlights how such misclassifications deny accountability and justice, especially for Black families seeking answers about their loved ones’ deaths. Many of the original classifications used terms that have been widely discredited, further obscuring the true circumstances of these tragic events (Fox 5 DC).

The Audit’s Rigor: Ensuring Impartiality

This audit was designed with rigorous methodology to ensure its findings were impartial and trustworthy. Reviewers included 12 independent forensic pathologists. Moreover, they reviewed cases without knowing the decedent’s race or the original cause of death determinations (Spectrum Local News). Three separate independent reviewers looked at each case. If their initial assessments differed, they then discussed the facts to reach a consensus, ensuring a thorough and collaborative review process (Maryland Attorney General Audit Report).

The audit focused on cases involving deaths during or after restraint. These 87 cases were carefully selected from a larger pool of over 1,300 in-custody deaths (Maryland Attorney General Audit Report). The report clarified that classifying a death as “homicide” simply means that actions by another person contributed to the death. It does not automatically imply criminal intent or guilt. Instead, this classification is a crucial step towards understanding the full circumstances of a death. The audit team expressed confidence that these findings will significantly improve the quality of death investigations and advance social justice for all (Maryland Attorney General Audit Report).

Unpacking the Bias: Race and Restraint

The audit specifically pointed to the Office of the Chief Medical Examiner (OCME) under former Chief Medical Examiner Dr. David Fowler. Reportedly, OCME was particularly unlikely to classify deaths as homicides if the decedent was Black or if their death followed police restraint (Fox 5 DC). This bias persisted even when forensic evidence clearly indicated that restraint contributed to the deaths. For Black communities, such findings are not new. They confirm long-held suspicions about how deaths in police custody are often framed to minimize accountability for those in power.

Furthermore, the findings call attention to the systemic racial bias embedded within forensic death determinations. This bias has extensive implications for the justice system (Fox 5 DC). The probe into these classifications began after Dr. Fowler’s controversial 2021 testimony in the George Floyd murder trial. That testimony brought intense scrutiny to Maryland’s death classifications, especially regarding the use of terms like “excited delirium.” This now-discredited term was often used to explain away deaths in custody, shifting blame from police actions to a supposed condition of the decedent (Fox 5 DC). Such practices have had a profound impact on families, delaying or denying them the justice they deserve.

Wider Implications: Justice System and Beyond

The Attorney General, Anthony Brown, emphasized that the audit’s findings have profound implications across the entire justice system (Maryland Attorney General Audit Report). This audit serves as a critical mirror, highlighting the urgent need to address racial disparities and systemic bias within medical examiner offices nationwide. For our community, this means that truth-telling about the circumstances of death is vital for both healing and accountability. Until these biases are purged, justice will remain elusive for too many families.

The report strongly recommends improvements in medicolegal death investigations to reduce preventable deaths and promote equitable justice (Maryland Attorney General Audit Report). Key reform recommendations include eliminating biased terms like “excited delirium” and ensuring transparent, unbiased death classifications (Fox 5 DC). These proposed changes are not merely administrative adjustments. They are fundamental steps towards dismantling systems that have historically denied justice and perpetuated harm against Black individuals and our communities.

Beyond Maryland: A Call for Accountability

The Maryland audit carries significant weight for African American communities far beyond the state’s borders. It lays bare how deeply ingrained racial bias can influence even the most supposedly objective scientific processes, like forensic death investigations. When our loved ones die in custody and their deaths are misclassified, it deepens the trauma and perpetuates a cycle of injustice. Therefore, this audit serves as a powerful validation of the community’s persistent demands for truth and accountability, and it emphasizes the importance of independent oversight.

Furthermore, the findings underscore the urgent need for comprehensive reform in police practices, particularly regarding restraint techniques and de-escalation training (DOJ Guidance). This is not simply about changing reports; it is about saving lives. The reclassification of these deaths as homicides holds profound legal consequences for law enforcement officers, potentially leading to criminal charges or disciplinary actions. This is a critical step towards affirming that Black lives matter, and that justice, however delayed, can eventually be served. The impact on victims’ families, who have often faced years of denial and pain, cannot be overstated. This audit provides a chance for some measure of closure and a pathway to a more equitable justice system.

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.