OutOfExile_IDR_Voice

@OutOfExile_IDR_Voice@kolektiva.social

I write, make films, and advocate for the rights of PEOPLE with invisible disabilities and the 99%, all day every day. I don't feel subversive.

If your profile claims to support all marginalized people but, excludes those with disabilities, why?
I'm open to people, closed to BS. Be "Good Trouble". Sekon

Header: OutOfExile_IDR logo1Inv-NH full moon obscured by trees with chrome 3D text reading: Out of Exile-Invisible Disability Rights

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OutOfExile_IDR_Voice, (edited ) to disability

Justice for Elijah McClain – Trial Update for Tuesday–Thursday (Oct 3rd, 4th and 5th):
⚠️ CW: Police Violence against People with Invisible Disabilities. Photo – eye contact.

Tuesday, Oct 3rd:
The day began with the judge ruling that all witnesses must testify in person, which means, witnesses in Minnesota and Tennessee will be forced to travel to Colorado to give their testimony. Judge Mark Warner also "partially" sustained a request from the defense who wants to ask a witness about McClain's drug use and hospitalization for "LSD intoxication" in 2016.

Dr. Stephen Cina, the "contracted" pathologists who performed the original "undetermined" autopsy on McClain, took the stand during the afternoon session. The account of the autopsy conclusion is details in Elijah's full story, linked below. In September 2022, after the grand jury indictment was handed down, Cina changed the original Adams County corner's 2019 autopsy. Though he amended the cause of death to "ketamine administration following forcible restraint", the (MOD) manner of death remained "undetermined", not "homicide". The doctor also claimed that he asked for body cam footage, witness statements and additional records in 2019 but, claims he "didn't get everything". Samples of McClain's brain, heart and lungs were tested, indicating that portions of the brain swollen which, Dr. Cina attributed to lack of oxygen. He also said the lungs were twice the original size because of inflammation associated with "aspirated vomit".

Emails obtained through an open records request revealed that Adams County coroner Monica Broncucia-Jordan met with the Aurora officers that were investigating the killing of Elijah McClain, before the autopsy's "undetermined" MOD conclusion was reached. Cina also testified that two Aurora investigators were in attendance during the autopsy, while the actions of APD officers were under "review". These two events, in conjunction with the timing of the "undetermined" autopsy findings, are highly questionable. Did these occurrences have influence on Dr. Cina's conclusion? Is this another example of the perversion of justice, by those who facilitate that system?

The witness claimed he change the autopsy after reviewing body camera footage, saying he believes restraint played a role in the death. In his original autopsy, Dr. Cina said, he believed Elijah had recovered from the carotid hold based on his apology after vomiting. He testified that McClain choked on vomit while wearing a mask during the "struggle" with officers, and again after being injected with ketamine. Despite his testimony on the increased size of McClain's lungs, Cina said he's still not sure if the aspiration caused his death. He also testified that Elijah would likely have recovered, "if not for the ketamine". Ultimately, Dr. Cina's testimony seems to indicate, he still can't, or won't make an accurate conclusive decision.

Wednesday, Oct 4th:
The court was dismissed around 11 AM after only two witnesses took the stand. After some legal wrangling with the judge, Ron Ryan an Atty Gen. investigator took the stand. He spoke to the jury about the location of the incident after a map of Elijah's route was admitted into evidence, along with his jacket, shirt, pants, shoes, and earbuds. Ryan's testimony brought attention to a "red substance" found on several of the items. One of Elisha's coworkers at the massage therapy business gave very brief testimony before court was adjourned at approximately 10:51 AM. The prosecution revealed that its final witness of the day would not arrive in Denver until later Wednesday evening.

Thursday, Oct 5th:
The prosecution called forensic pathologist Roger A. Mitchell Jr., the chair of the Department of Pathology at Howard University College of medicine in DC. He was contracted by the office of the Atty Gen to review the case, and subsequently submitted an additional autopsy report for the grand jury's investigation. Mitchell's autopsy reported that, the carotid hold and aspiration of fluid and vomit were a "result" of "forcible restraint" by the officers. He concluded that the actions of the officers and the overdose of ketamine are what killed McClain.

The prosecution introduced autopsy photographs showing "abrasions and scrapes", and played body cam footage from the night of August 24, 2019. Dr. Mitchell said that the abrasions were caused by the carotid hold, and that Elijah's neck showed evidence of "blunt trauma", as well as broken blood vessels in his eyes. This seems to indicate that extreme force was applied to his neck by police. After being shown the body camera footage, the expert witness was asked to give his impressions of when Elijah began to show signs of respiratory distress during the interaction. He also addressed the paramedics diagnosis of "excited delirium".

Dr. Mitchell's testimony provided definitive evidence indicating the culpability of Roedema and Rosenblatt in the murder. The defense interrupted the testimony with numerous objections throughout. The witness said he does not believe in "excited delirium as a medical diagnosis". After viewing the footage, Mitchell also testified in that McClain's actions and condition did not support claims of such a diagnosis. He gave detailed statements about Elijah's actions and statements in the footage including, when he told police that he was was experiencing pain. The doctor said, "… If we believe this notion of excited delirium, one of the things with excited delirium is that you're impervious to pain and that response objectively tells us that he's not impervious to pain, that he's responding to painful stimuli is being placed upon him" [SIC]. With the damning evidence presented thus far, it's not looking good for the two officers being tried for the murder. I'd imagine, this is little consolation for Elijah's mom Sheenen, who was in the courtroom today. Testimony resumes on Friday.

[Correction: With many sources conflicting with one another throughout the course of this case, including discrepancies of Elisha's age, I'd like to clarify a couple of points about my articles. With limited pretrial coverage, some of the court dates for the three trials of the five accused first responders have been changed. I previously reported that the trial for the paramedics was to begin in August, as one source stated. With the multitude of changes, it's been hard to keep up sometimes. I also erroneously describe some of the officers as "former" when in fact, they are suspended without pay. My apologies for these inconsistencies.]

Click below for the full account of what was done to Elijah.
https://kolektiva.social/

OutOfExile_IDR 2023

@disabilityjustice @disability @actuallyautistic

OutOfExile_IDR_Voice,

@_ @disabilityjustice @disability @actuallyautistic
Thank you for the kind words. Unfortunately, it is very frequent with BIPOC but, I focus mainly on people with invisible disabilities. Elijah McClain was autistic like me and countless others. One report states that 50% of people killed by police, have a disability. To me Elijah McClain is a hero and one of the main reasons, aside from personal experience, that I do what I do. Support from people such as yourself is needed if these things are ever going to cease. Thank you again.

OutOfExileIDR, to vivaldi_browser

@vivaldi_browser @Vivaldi

For the 2nd time, the Vivaldi browser seems to have blacked out the screen for any page related to my other instance kolektiva.social. I cannot go to my own page with the browser but all others show up. This is the second time this has happened in as many weeks and the plethora of other glitchs, leaves me regretting my article praising Vivaldi. The only support I received is a thank you for submitting a bug report. I had to uninstall to fix this problem originally.

OutOfExile_IDR_Voice,

@OutOfExileIDR @vivaldi_browser @Vivaldi

After being inaccessible only when using Vivaldi browser, my Kolektiva profile, and other Kolektiva pages, are miraculously, once again visible. The problem reoccurred last night but seemed to remedy itself just moments after posting the above thread. Other issues will be covered in an update to my original post, when time allows.

Issues that include, the translator not recognizing languages (Gerrman, Japanese), The failure of customized buttons to appear on the toolbar/sidebar after edits, and the aforementioned recurrent misspellings. (Yet, aanother i.e. – "German" & "another").

@Vivaldi

OutOfExile_IDR_Voice,

@Vivaldi @OutOfExileIDR @vivaldi_browser

Thank you for your response.
To my knowledge, it does not open in private windows either. The last time it occurred was after clearing my browser history, however, my Vivaldi.social account and every other page loads without issue. The page that's blacked out does appear in other browsers without issue as well. regarding your query about extensions, I've yet to install any, other than themes. Ivan tried changing seems to see if that would help, but it did not.

In regard to the translator: I'm very thorough in my methods. Initially I thought the text was too long so, I tried it with one word, a few words and a couple of sentences respectively. I received a message saying the language was not detectable.

In regard to ttoolbar customization: after dragging icons to the top and sidebar, the icons that were visible, vanish when I click "done".

The misspelling of the word "toolbar" above is a problem exclusive to Vivaldi when using my voice recognition software. No other browser misspells words and the frequency of the issue seems to be increasing. The word pen is misspelled every time with an extra "N"– "penn". I use a professional voice recognition software as an accommodation to my limb difference disability. Sometimes it actually prints gibberish instead of a word. I've made several spelling corrections in this communication but, left one as an example.

When attempting to sign in to my Vivaldi account using the icon in the sidebar, the password manager does not auto fill the username and password fields for me. When opening a regular window to Vivaldi.social, the password manager operates correctly. In both regular windows and the sidebar, the checkbox "remember me on this device", has never remembered me. if that feature function properly, it would offer a remedy to the issue about the password manager not functioning for sidebar sign in.

Unfortunately, this is all I can remember right now but I believe I encountered other issues as well.

OutOfExile_IDR_Voice, (edited ) to mentalhealth

Father Rejects Plea for Locking His Adopted Son in a "Box" for Behavioral Issues

In January 2022, police in Jupiter Florida were called to the home of Tracy and Timothy Ferriter, about a missing runaway child. Detectives discovered an 8 x 8 room, described as a box, equipped with a padlock and doorknob, both of which locked from the outside. Inside they found a camera, a mattress and a bucket with a light switch on the outside wall of the room.

The two parents had confined their adopted eight-year-old son inside this box for hours at a time, over the period of five years.. The child, who is now 13 years old (14 according to some reports), was adopted from Vietnam and had been diagnosed with "Reactive Attachment Disorder" (RAD). After returning from school, the boy was kept in the structure built in the garage, where they brought meals of leftovers to him and provided only a bucket for him to use the bathroom.

Today, the father Timothy Ferriter rejected a plea deal offered by prosecutors offering him two years in jail and five years of felony probation. His role of the dice may see him facing up to 35 years behind bars. His wife Tracy, is being tried separately with jury selection in that case set to begin on Friday. Defense attorneys argued that the longest period of confinement was 10 hours which to me, doesn't lessen the severity of the parents actions. Other reports cited the period of isolation in the box to be as long as 18 hours.

Treatment of people with invisible disabilities and mental health challenges being victimized in this way, as occurred throughout history. Isolation and abuse of this nature is certainly no way to treat behavioral issues, and anyone who knows anything about mental health knows, this type of treatment, will only make things worse. Below I've linked my piece on "Ridge Home for Mental Defectives" which provides a glimpse at an extreme example of this atrocious form of what some seem to think is appropriate "mental health treatment".

Ridge Home for Mental Defectives":
https://kolektiva.social/

Father Reject Plea Deal:
https://www.courttv.com/news/father-accused-of-locking-child-in-box-rejects-plea-deal/

YouTube Recap of the Ferriter History (4 min 24 sec):
https://www.youtube.com/watch?v=cMJDG93U-cc

Other Reports about the Case:
https://katv.com/news/nation-world/boy-in-the-box-timothy-ferriter-rejects-plea-father-in-boy-in-the-box-case-rejects-states-plea-bargain-two-years-in-prison-with-five-years-of-felony-probation-tracy-ferriter-september-26-2023

https://wjla.com/news/nation-world/boy-in-the-box-timothy-and-tracy-ferriter-case-trial-set-to-begin-friday-father-in-boy-in-the-box-case-trial-september-25-2023


@disability @disabilityjustice

OutOfExile_IDR_Voice, (edited ) to disability

Stigmatude: The attitude personified by lack of understanding and acceptance of people living with invisible disabilities and mental illness, that ableists and many others perpetuate. –OutOfExile_IDR

Disabled people are real... Real cool. "Mr. Cool" – David Pate-150 on tik-tok is living proof. Dude's a rockstar!! Let's remove the stigmatude for all.

Check out David's moves:
https://www.tiktok.com/

David's page:
https://www.tiktok.com/@davidpate150

Link to the video below:
https://www.tiktok.com/

& is
@disability

OutOfExile_IDR_Voice, to disability

Stigmatude: The attitude personified by lack of understanding and acceptance of people living with invisible disabilities and mental illness, that ableists and many others perpetuate. –OutOfExile_IDR

Disabled people are real... Real cool.

"Mr. Cool" – David Pate-150 on tik-tok is living proof.
Dude's a rockstar!!
Let's remove the stigmatude for all.

Check out David's moves:
https://www.tiktok.com/

David's page:
https://www.tiktok.com/@davidpate150

Link to the video below:
https://www.tiktok.com/

Thanks to @Yak for posting this video and for his support of the disability community. Thanks to all of you as well.

& is
@disability

Video of "Mr. cool" aka David Pate 150 rockin' tiktok.

OutOfExile_IDR_Voice, (edited ) to disability

"Killed by Police Over Eight Dollars – Ethan Saylor's Story"
⚠️ CW: Disability and Police Violence (The details may be disturbing to some)

On January 12, 2013, 26-year-old Ethan Saylor of New Market Maryland, went to the movies to see "Zero Dark Thirty" for the second time. After the movie, his caregiver went to bring her car to the front of the theater while Ethan waited inside. Being his favorite movie, Ethan snuck back in to watch the movie again while she was gone.

The theater manager told him that, he would have to buy a ticket or leave but, he refused. Ethan had Down Syndrome and did not understand, nor did he handle money. Not disturbing anyone, he was watching the movie, when the theater manager summoned mall security to have Ethan removed. His caregiver returned, pleading with the manager and one of the deputies attempting to de-escalate the interaction. She begged with them not to touch him and requested to speak to him. She was ignored and not allowed to go to Ethan.

The mall security guards that responded were actually off-duty Frederick County Maryland deputies, moonlighting as security guards. When one of them told Ethan that he had to leave, Ethan again refused and began to swear in protest. Two other moonlighting deputies came to "assist" in removing Ethan from the theater. The three veteran officers, Lt. Scott Jewell, Sgt. Rich Rochford, and Deputy James Harris, forcibly pulled Ethan out of his seat and tried to handcuff him. A struggle ensued and Ethan was taken to the ground by the three deputies.

With Ethan on his stomach, at least one eyewitness account cited that one officer had his knee pressing on the man's back. It also stated that Ethan was heard crying out, "MOMMY, IT HURT!". At this point, I have to ask the question if these men were stupid or just callously evil as I wipe the tears from my eyes. Obviously, that question is rhetorical. It should have been plainly obvious that Ethan Saylor was, as some laws word it, a "vulnerable adult" with disabilities.

A few months later, a Frederick News Post story stated:
“Saylor cursed and resisted the deputies, and he was briefly handcuffed with three sets of cuffs linked together, according to the sheriff’s office. Saylor ended up on the floor during the struggle and had a medical emergency. He was taken to Frederick Memorial Hospital, where he was pronounced dead, the sheriff’s office said.”

The Frederick County Sheriff's office investigated and later released Maryland Atty. Gen.'s report said in part:
"The opinion of the Office of the Chief Medical Examiner was that a 25 year old Caucasian male ROBERT ETHAN SAYLOR, died of ASPHYXIA. Down’s Syndrome, Obesity, Atherosclerotic Cardiovascular Disease, and Accessory Conduction Pathways of Heart, are also significant conditions…This individual was already compromised by his Down’s Syndrome, obesity, body habitus, and heart disease, making him more susceptible to sudden death in stressful conditions which would compromise his breathing. Using the medical definition of homicide (but for the actions of other individuals Mr. Saylor would not have died), the manner of death is best certified as HOMICIDE".

In April, another news source reported about injuries to Ethan's face and cartilage in his neck, "which has yet to be explained":
“The autopsy revealed Saylor had bruises and abrasions on his face and body. And another injury: a fracture to cartilage in Saylor’s throat. Experts say it’s an unusual injury to see in a choking case. A forensic pathologist not familiar with case [SIC] says the injury happens from some kind of force... It can be seen in a manual strangulation, ” says Dr. John Hunsaker, a forensic pathologist and expert witness. “But in and of itself, one would be difficult to diagnose without more information. And it can occur as a result of a direct blow.”

The use of three sets of handcuffs is a tactic referred to as "hog-tying", in which the ankles and wrists are restrained and connected to each other with the third. In 1995, the US DOJ (Department of Justice), warned police departments that people may die when using this hog-tying method, yet there are still many that employ this technique of restraint. To be clear in regard to the sheriff's worded claim of a "medical emergency", Ethan's larynx was crushed and at least one of the sources below use the words "broken bones" in his neck. Despite the homicide ruling, 17 eyewitness account statements and Dr. Hunsaker's statements, a Maryland grand jury refused to indict the deputies for the murder of Ethan Saylor. One of the officers, Sgt. Rich Rochford, was later "quietly hired" by Frederick city Police Department, despite his involvement in the incident.

It seems I write about these horrific instances of police violence against people with invisible disabilities all the time. It's certainly not because I enjoy them, and it is very emotionally taxing to do so. The fact is, situations like this occur so regularly, there's too many stories to ignore. 50% of people killed by police in the US have a disability and unfortunately, many people never hear about, or care about stories like this. Many seem too busy fighting about colors or wooden hammers. How many of you have heard of Ethan Saylor, Christian Glass or Elijah McClain. I feel that telling their stories to wake people up, is the first step in inspiring them to stand against these recurring injustices facing the invisibly disabled community. Ethan is just another tragic example of the senseless, hateful authoritarian murders of otherwise innocent people. He was killed over an eight dollar movie theater ticket, to put things in perspective. This is one of the main reasons I do what I do, and the support for the cause of people with invisible disabilities is very much appreciated.

The Preventable Death of Ethan Saylor – "Psychology Today": https://www.psychologytoday.com/us/blog/incompetence/201311/the-preventable-death-ethan-saylor

Maryland Grand Jury Refuses To Indict Deputies: https://thesource.com/2014/12/08/md-grand-jury-refuses-indictment-of-cop-who-killed-man-with-down-syndrome-who-wouldnt-leave-movie/

The Trouble with the Robert Ethan Saylor Case: https://www.truthdig.com/articles/the-trouble-with-the-robert-ethan-saylor-case/

Frederick city Maryland police quietly hired cop who killed Ethan Saylor over a movie ticket: https://thefreethoughtproject.com/police-brutality-cop-watch/cop-who-killed-man-with-down-syndrome-over-movie-ticket-quietly-hired-at-neighboring-dept

Deputies Want Lawsuit Dismissed in the Death of a Man in Custody: https://www.wusa9.com/article/news/local/deputies-want-lawsuit-dismissed-after-man-dies-in-custody/359608620

The Road We've Shared: https://theroadweveshared.com/justice-for-ethan/a-brief-summary-of-the-story

Sister of a Man Who Died in Police Custody Continues to Fight for Justice: https://www.cbsnews.com/baltimore/news/justice-for-ethan-sister-of-disabled-man-who-died-in-police-custody-continues-fight-for-independent-investigation/


@disabilityjustice @disability

emarktaylor, to NFL
@emarktaylor@thecanadian.social avatar

🏈 @nfl

1 yard TD pass to Mike Evans.

2PC is good.

PHI 25-11

OutOfExile_IDR_Voice,

@emarktaylor @nfl
Finally, a post I'm able to boost.

emarktaylor, to NFL
@emarktaylor@thecanadian.social avatar

🏈 @nfl

ESPN 🤖 @espn

"You can't just keep running the QB sneak."

The Eagles:

OutOfExile_IDR_Voice,

@emarktaylor @nfl @espn
Where's Booger McFarland when you need him.

Private
OutOfExile_IDR_Voice,

@j @nfl
I switched from Washington to the Buccaneers when I moved there in the 90s. I rooted for them before a bit because I like to Creamsicle's but, I got caught up in the excitement when it was my town.

Same exact story with the lightning. The first woman to ever play in an NHL game was part of the reason I started rooting for them.

OutOfExile_IDR_Voice,

@trebach @j @nfl
My first NFL game was Cleveland vs. Dolphins when I lived there as a kid– Brian Sipe, Lyle Alzado, Ozzie Newsome etc. I rooted for them then and felt sorry for them for years after that. I love the underdog.

emarktaylor, to NFL
@emarktaylor@thecanadian.social avatar

🏈 @nfl

Nice drive from PHI.

Opted not to take the 3, went for it on 4th & 2 and didn't make it.

OutOfExile_IDR_Voice,

@emarktaylor @nfl
Defense baby.

OutOfExile_IDR_Voice,

@ferricoxide @emarktaylor @nfl
Except for that return that just happened, they look pretty good stopping the birds.

OutOfExile_IDR_Voice,

@ferricoxide @emarktaylor @nfl
I think you need to give Sean Tucker a few touches. I'm going to get some wings while the birds have the ball. Maybe that'll help.

OutOfExile_IDR_Voice, to NFL

Happy Sunday.
Sesame Street is teaching the kids how to count to 3 – 0 on tomorrow's show.

vs. @nfl

OutOfExile_IDR_Voice,

A very special thanks to all opponents of the NFC South today.

Also, when did the Dolphins start playing college football?
70 points!? 🤯

@nfl

OutOfExile_IDR_Voice,

@cwgrody @nfl @emarktaylor XX
Humility is an honorable trait. I used to live in that area and used to make wisecracks all the time. Not very popular, I was.
In your case, I'm very glad I didn't do that today. 😃

OutOfExile_IDR_Voice,

The last time the Buccaneers and the Eagles played on MNF was 2003, in the inaugural game at Lincoln Financial Field. Tampa opened the season in Philly's new stadium much like they closed out the old Veterans Stadium, with a big fat "W". After handling the Eagles in the NFC championship, punching their ticket to the Super Bowl months before, they blanked the Eagles 17 – 0 in front of a national audience. That's my idea of ending one Eagles era and opening another. No, I'm not still bitter about the two previous playoff trouncings that Philadelphia handed the Bucs in 2001 in 2002. 🤥

In that Monday night game, Joe Jurevicius made the infamous tip catch to himself for a touchdown, following up on his 71 yard TD reception in the NFC championship game. The video linked below remains one of the very memorable receptions in NFL history. Since that time in 2003, the Buccaneers are 7 & 3 vs. Philly and have won four out of their last five meetings. Tampa Bay's defense is ranked 7th against the run and 2nd in forced turnovers, while the Eagles offense has been somewhat lackluster. I'm reminded of the old cliché, "defense wins championships", and games. I'm just saying.


@nfl

https://www.youtube.com/watch?v=FOMcF8fvhrk

jimfl, to random
@jimfl@hachyderm.io avatar

Reminder: We do not sing in the men’s room. Absolutely no singing

OutOfExile_IDR_Voice,

@jimfl
I agree and have never sung in the men's room. I prefer to yodel.

OutOfExile_IDR_Voice, (edited ) to disability

Disability ID and Disability Deaths – How Police Killed Elijah McClain (1of2)
CONTENT WARNING (CW): The details and linked videos of this event may be disturbing to some. Image-eye contact.

Even with the positives disability designator IDs might bring, it's unlikely a card will prevent authorities from abusing and killing people with invisible disabilities. Aside from a change in attitudes, there are still far too many, long-overdue reforms needed. Many instances of police induced death involving the disabled, including people with autism, brain injury, and hearing impairments, were blamed on the victim. Most were, in fact, a direct result of: Ablest attitudes (ignorance), use of excessive force, and unacceptable treatment attributed to inadequate training. Utilizing invisible disabilities to scapegoat victims and bury the case, is another tactic often employed but, "inadequate training", is not what has killed so many people with disabilities.

Mentioned in part three of this piece, the history of one particular force, is a prime demonstration of a "pattern and practice", that has destroyed lives and families of people with invisible disabilities. According to other investigations, Aurora Colorado's pattern of policing, has raised concerns of implicit bias towards the disabled, POC and other marginalized people. Perhaps, one of the most famous examples from that city, is the death of a 23-year-old black man with autism and anemia, Elijah McClain. That case, sparked outrage from both the disabled and black communities, and with the first of three homicide trials set to begin in August, now is not the time to forget what happened to Elijah. The demeaning and despicable treatment he was subjected to, is not uncommon in "policing" of the disabled.

August 24, 2019: Elijah McClain, a massage therapist, violinist and "gentle soul", was walking home from a convenience store not, far from his home. Because of his anemia, which often made him feel cold, he was known to wear a ski mask. On his way home, someone in a house he passed called police to report an unarmed, "sketchy" individual. Minutes Later, Aurora PD's Nathan Woodyard saw Elijah walking to his home and stopped. Within 9 sec. of exiting his car, Woodyard had his hands on Elijah McClain. Just seconds later, officers Randy Roedema and Jason Rosenblatt showed up, also engaging with Elisha. As he explained he was an "introvert" and was "just walking home", one of the officers responded, "Relax, or I'm going to have to change this situation".

The officers had McClain against the wall before taking the five feet seven, 143 lb man to the ground. One of their body cameras was detached and landed in the grass, capturing an officer slowly walking out of view. With Elijah and police no longer being filmed clearly, one officer can be heard claiming, "he just grabbed your gun dude". Within four seconds of the allegation, Elijah can be heard choking as a result of police applying the carotid restraint, restricting his airflow. FOUR SECONDS?! One of the officers later told investigators that McClain "briefly" fell unconscious and the officers released their grasp on his neck. The chokehold was implemented only one min. and four sec. after the first officer exited his vehicle. The three officers involved, Woodyard, Rosenblatt and Roedema, all claimed their body cameras "fell off " in the "struggle" with this small statured young man.

The video footage is very difficult to listen to. Elijah McClain can be heard gasping as he pleads with officers to stop, saying, "I can't breathe". Elijah continues to plead, saying his name and that he was "just going home". Through his sobs, came the words myself and many others with invisible disabilities, will never forget. "I'm just different. I'm just different, that's all". It's hard to hear the police on the audio of one body cam but, Elijah's words are clear… "I'm so sorry. I have no gun. I don't do that stuff. I don't do any fighting. Why are you attacking me?". As officers ignore his pleas, they seem to spin tales of their "struggle" with a 143 pound person. One repeated the accusation that McClain tried to grab officer Roedema's gun, and that they "had" to use the carotid hold.

About six minutes after the initial contact by police, Elijah McClain can be heard vomiting for the first time. One of the officers commands him to "STOP" to which McClain apologized saying, "I'm sorry. I wasn't trying to do that. I just can't breathe correctly". In the next few minutes, McClain gets sick "a few more times" while officers held him facedown on the ground, telling him repeatedly to stop resisting. Reports say he was also handcuffed and still wearing the ski mask when he was sick, and as a result, was struggling to breathe. He may have been trying to roll on his side or remove the mask to breathe better, as police seemed to be acting out a show of "resisting arrest" for the body cam audio.

Police can be heard threatening him, "Don't get up. It's not gonna be good for you, I'm telling you right now". Another officer standing over him said "You keep messin' around, I'm unna bring my dog out here", saying he would let the dog attack Elijah. Approximately 11 minutes after the initial contact by officer Woodyard, the cameras capture police saying, "When the ambulance gets here, were gonna go ahead and give him some ketamine". This is also when they claimed "whatever he's on, he has incredible strength." Another concurs "yeah, crazy strength". It's alarming that police and individuals of such character, have authority to mandate the administering of this powerful sedative.

The timing of the accusation that Elijah McClain attempted to grab the firearm, only seconds after body cams were removed, is highly suspect. Again, McClain was 143 lbs, being held by three much larger men. While one of the officer's body cam was still attached, another can be heard telling him to "move" his camera. I don't believe the body cams dislodged, and firmly believe these accused murderers doffed them. The Maclean's attorney said police intentionally removed their body cameras "to support a false allegation that McClain reached for a gun". Though it is not clear on the video, there is absolutely, no doubt in my mind. The same is true, regarding their claims for body cam audio that Elijah was "struggling". If he was struggling, it was likely for air and survival.

The report from paramedics, Jeremy Cooper and Peter Cichuniec claimed that when they arrived, Elijah was displaying signs of "excited delirium". The snap "diagnosis" was made, despite never touching, talking to, or checking Maclean's vitals. Were these paramedics scapegoating in an effort to protect their fellow first responders? After incorrectly estimating his weight, the paramedics administered 500 mg of ketamine to McClain, a dosage for someone nearly 60 to 70 pounds larger. For those who believe in forcibly drugging people, the proper ketamine dosage for Elijah's weight, is about 325 mg. Approximately 23 minutes after Nathan Woodyard stopped "to talk" to McClain, the officers responsible were informed, Elijah, had no pulse. Less than a week later, he was declared brain-dead on August 27, 2019, and died, three days later on the 30th.

According to cpr.org–CPR news: "After McClain’s death, Dr. Stephen Cina, a contractor forensic pathologist for Adams County, completed the autopsy on Sept. 3, 2019. There were two Aurora police officers and two representatives from the Adams County District Attorney’s office in attendance". I'd be interested to hear that conversation, considering the findings of the autopsy. The Adams County corner ruled the cause of death as "undetermined" saying that, "a therapeutic amount" of ketamine was found in Maclean's system. The report, reeking of scapegoating, speculated about drug use and undiagnosed mental illness, while seeming to conclude nothing but suppositional "ifs".

Excerpt from Dr. Cina's report: "The manner of death may be accident if it was an idiosyncratic drug reaction,” . “It may be natural if (McClain) had an undiagnosed mental illness that led to excited delirium, if his intense physical exertion combined with a narrow coronary artery led to an arrhythmia, if he had an asthma attack, or if he aspirated vomit while restrained."... "It may be a homicide if the actions of officers led to his death (eg. carotid control hold…)”.

That's a lot of "Ifs". I can't help but wonder "IF", the presence of officers and DA personnel "may" have influence the doctors findings. In conjunction with the corners "undetermined" autopsy determination, Adams County DA Dave Young said, he would not bring charges against the officers. This seeming manipulation of justice, by those who controlled it, was met with outrage.

Another slap in the face, illuminating the culture of APD, occurred in October 2019, less than two months after Elijah's death. Several other officers returned to the scene, taking pictures while they joyfully reenacted the cardioid hold, used on McClain. In July, 2020, after the photos were made public, three officers were fired and one resigned. It's remarkable that they were fired for mocking and taking pictures, while the officers that killed Elijah were still patrolling the streets. The shouts of "Justice for Elijah", became louder as it seemed this heinous police action was being ignored. Once again, protesters took to the streets.

Protests, investigation, Arrests and Trials. Conclusion – "Justice for Elijah" below.

OutOfExile_IDR © 2023


@disabilityjustice @disability @actuallyautistics

OutOfExile_IDR_Voice, (edited )

Justice for Elijah McClain – Testimony Resumed on Tuesday.

The murder trial for two of the officers charged in the death of Elijah McClain continued on Tuesday. Security footage from the Shell gas station where McClain purchased iced tea moments before being confronted by police, was shown in court. McClain is shown completing his transaction and bowing in respect to the customer in line behind him. The owner of the gas station was questioned by the defense about McClain wearing a mask and coat on the warm summer night. The defense attorney asked "... you are telling me that it wouldn't give you pause for concern?", to which the witness responded, "No, it all depends on the persons, demeanor." Elisha wore those garments for medical reasons.

The defense also argued that Maclean's "resistance" to officers, could have contributed to his death by making it harder for him to breathe. They have repeatedly attempted to shift blame to the paramedics that administered ketamine despite the body camera footage that documents officers requesting the drugging of Elijah. The 911 call that reported a "sketchy" individual wearing a mask was also played in the courtroom.

McClain was a 23-year-old autistic black man whose death generated public outcry across the world. The trial will continue today.

Click here 🧠 for more on what they did to Elijah McClain.

@disabilityjustice @disability @actuallyautistic

OutOfExile_IDR_Voice,

Justice for Elijah McClain – Trial Update for Wednesday Sept 27:

Yesterday, after a late start because of a late juror, former Aurora police Capt. Stephen Redfearn took the stand. He testified that he had changed the dispatch log from "suspicious person" to "assault on a police officer". This change was made with no investigation or corroborating evidence, such as viewing body camera footage or interviewing the responding officers.

Redfearn testified, "before this call was closed out, based upon the information that was provided to me by the sergeants, it went from a suspicious person to an assault based on the information. And so I changed it so would accurately reflect the information I had been provided". This is exactly how such misinformation becomes believed pseudo-fact, causing many to make judgments without confirmation or proof. "Procedures" like this are also a contributing factor in crimes committed by police, that are ultimately, swept away from the public eye. There are proven examples, supported by evidence in numerous cases, in which police lied to protect fellow officers or cover-up facts. The Eddie Irizarry case in Philadelphia is a prime example of this. The former Capt Redfearn, who altered the log, was the only witness to take the stand.

Wednesday's proceeding was filled with attorneys for both sides engaging in several heated "off the record" sidebar discussions. The defense took issue with late disclosures regarding certain witnesses. During the days proceedings, defense attorney Harvey Steinberg argued for a mistrial two separate times.

The trial resumed today, beginning with Attorney Steinberg asking for Roedema and Rosenblatt's trials to be severed. Once again, he requested a mistrial. The judge responded saying that, he has not seen all the evidence in the case, therefore, cannot decide on separating the trials of the two defendants. He also denied the defenses motion for a mistrial. The nurse who drew blood from Elijah McClain on August 24, Andrea Libhart, also gave her very short testimony this morning.

@disabilityjustice @disability @actuallyautistic

OutOfExile_IDR_Voice,

Justice for Elijah McClain – Trial Update for Wednesday Sept 27:

Yesterday, after a late start because of a late juror, former Aurora police Capt. Stephen Redfearn took the stand. He testified that he had changed the dispatch log from "suspicious person" to "assault on a police officer". This change was made with no investigation or corroborating evidence, such as viewing body camera footage or interviewing the responding officers.

Redfearn testified, "before this call was closed out, based upon the information that was provided to me by the sergeants, it went from a suspicious person to an assault based on the information. And so I changed it so would accurately reflect the information I had been provided". This is exactly how such misinformation becomes believed pseudo-fact, causing many to make judgments without confirmation or proof. "Procedures" like this are also a contributing factor in crimes committed by police, that are ultimately, swept away from the public eye. There are proven examples, supported by evidence in numerous cases, in which police lied to protect fellow officers or cover-up facts. The Eddie Irizarry case in Philadelphia is a prime example of this. The former Capt Redfearn, who altered the log, was the only witness to take the stand.

Wednesday's proceeding was filled with attorneys for both sides engaging in several heated "off the record" sidebar discussions. The defense took issue with late disclosures regarding certain witnesses. During the days proceedings, defense attorney Harvey Steinberg argued for a mistrial two separate times.

The trial resumed today, beginning with Attorney Steinberg asking for Roedema and Rosenblatt's trials to be severed. Once again, he requested a mistrial. The judge responded saying that, he has not seen all the evidence in the case, therefore, cannot decide on separating the trials of the two defendants. He also denied the defenses motion for a mistrial. The nurse who drew blood from Elijah McClain on August 24, Andrea Libhart, also gave her very short testimony this morning.

Click here 🧠 for Elijah's full story.

@disabilityjustice @disability @actuallyautistic

OutOfExile_IDR_Voice,

Justice for Elijah McClain – Trial Update for Thursday Sept 28:
⚠️ CW: Police Violence against People with Invisible Disabilities.

Several witnesses took the stand today including forensic toxicologist Michael Lamb from NMS labs in Pennsylvania. He testified that the only substances found in Maclean's blood were ketamine and cannabis. Lamb calculated that McClain had been given 7.7 milligrams per kilogram, whereas a typical anesthetic dose for sedation is 4-6 miligrams. The dose given to McClain was more likely to render a person unconscious and require assistance breathing. The Attorney for the defense focused on the Marijuana found in Maclean's system but, Lamb said he could not speak to how it may have affected his behavior, or if he had used it on the day of the incident. The defense attorneys fixation on cannabis, seemed to me as if he was clutching at "reefer madness" straws.

Also taking the stand today was Sgt. Kevin Smith, who oversees Aurora police trainings. Prosecutors dispelled the myth incorporated in their training that claimed "if someone can talk, then there able to breathe". Smith testified, "It's a pervasive phrase, but we're addressing it because an officer can be blind to certain signs if they truly believe it's true.… A person could be able to talk but still have an issue with respirations." Smith also said that in the case of respiratory distress, officers should call for medical assistance and provide aid themselves.

The Sgt. was also asked about training in regard to use of the carotid hold that was applied to McClain more than once on the night of his death. This tactic restricts blood flow to the brain rendering the person unconscious. Smith testified there are protocols about using the carotid hold, including not to use it repeatedly. He stated, "Once they come back to consciousness, we want to kind of start a little timer and say, hey, if they're not coherent, if they're not answering questions, if they're not appearing normal in that 30 seconds, then it's a medical emergency... We need to update rescue and provide first aid if we need to."

In my personal review of the three hours of body cam footage from multiple officers on scene, they seemed more concerned with weaving a tail of resistance by Elijah McClain for the body cam audio and other responders. The carotid hold was used twice on Elijah McClain who was not provided any medical attention by police. He never regained consciousness after it was employed. The trial resumes on Friday.

Click here 🧠 for the full account of what was done to Elijah.


@disabilityjustice @disability @actuallyautistic

OutOfExile_IDR_Voice, (edited )

Justice for Elijah McClain – Trial Update for Friday Sept 29th:
⚠️ CW: Police Violence against People with Invisible Disabilities.

On Friday, a "Force and Control Tactics Instructor" from the "Federal Law Enforcement Training Center" was called by the prosecution. Dr. Marc Brown, is also a specialist in "de-escalation, constitutional policing, diversity and community trust building" for Polis Solutions, https://www.polis-solutions.net/ and was previously an police officer for 14 years.

Prosecuting attorney, Jonathan Bunge, showed segments of the body cam footage from August 24, 2019, the night the world suffered the loss of Elijah McClain. Bunge asked the expert witness to give his opinion on the officer's actions in the video. The questioning was focused on whether the officers on trial followed Aurora PD training, which was the subject of Sgt. Kevin Smith's testimony Thursday.

During cross-examination, the attorneys of the officers on trial for the murder, once again, focused on shifting blame to the paramedics administering the ketamine. He argued that it was the paramedics and not the officers, who did not properly care for Elijah McClain. Considering the whole account, none of them cared for him the way they should have, as professionals, or as human beings. That's just my legally insignificant opinion.

Dr. Brown testified that the officers did not adhere to the trainings they were given saying, they "should have listened" to Elijah when he pleaded, "I just can't breathe correctly". He went on to say, they were trained to "check on" a person in "respiratory distress", and immediately call for "medical assistance".

In my view: Instead of doing their "duty" to "serve and protect", they told paramedics stories about "crazy strength" and gun grabbing, with no mention of Elijah's critical state. Equally, the paramedics injected the overdose of ketamine without checking his vitals or attempting to talk to him, solely based on the scenario presented by the assailant officers. "Excited delirium" was the EMTs' unfounded snap diagnosis. The defense attempted to shift blame to the sergeant on duty, during it's cross-examination.

During the more than four hours testimony of Mark Brown, one particular statement seemed all-encompassing of the accused failure to perform their duty:
"My opinion is that during the restraint their actions were inconsistent with this directive. During the restraint, Mr. McClain several times complained that he was having trouble breathing and during the restraint period there was no indication that they monitored his breathing or pulse. And when he complained of having trouble breathing, there was no adjustment made to him and he was on his side at the time."; Brown testified.

The trial has yet to touch on the unnecessary force seemingly used by defendants, Roedema and Rosenblatt. Not only did they not care for Elijah, the audio from the doffed body cams suggest to me, they were still roughing him up in the early stages of his distress, at least. The whole time they seemed to be acting out a scenario of resistance for the cameras lying on the grass. This is just my impression from watching the footage. Elijah was still handcuffed and wearing the mask, which almost certainly contributed to his inability to breathe. If I were a jury of 12 in this trial, the body cam footage would be enough for the case to have been long since decided.

Other witnesses included an Aurora PD CSI that photographed the Adams County coroner's autopsy, and officer Darren Dunson. The prosecution showed the body cam footage of Dunson, who came on the scene after McClain had been assaulted and restrained. The trial is scheduled to resume on Tuesday, October 3rd.

Click here 🧠 for the full account of what was done to Elijah.

OutOfExile_IDR 2023

@disabilityjustice @disability @actuallyautistic

OutOfExile_IDR_Voice,

Justice for Elijah McClain – Trial Update for Friday, Oct 6th:
⚠️ CW: Police Violence against People with Invisible Disabilities.

Forensic pathologist, Dr. Roger Mitchell resumed his testimony for the prosecution Friday. A large portion of the questioning was in redirect of the defense's cross-examination of Mitchell yesterday. Prosecutors rested their case following the testimony of the expert witness.

The jury was then excused for an extended period of legal wrangling by attorneys, over definition of certain terms. One of the attorneys for defendants, Roedema and Rosenblatt also argued that, none of the witnesses directly implicated either of the accused officers. Citing that testimony focused on conduct of "officers" in general, they again shifted blame to the ketamine and paramedics.

In the afternoon session, the officer's attorneys requested a detailed written account of the complaints against the defendants, known as a bill of particulars. With the jury still absent, attorneys for the accused continued their argument about "officer" implication and ketamine as the cause of death. Rosenblatt's attorney raised the question; could his client have known in advance, that EMTs would issue a fatal dose of ketamine to Elijah McClain? He answered himself saying, "...no."

Attorneys for each of the defendants also filed a "Motion for Judgment of Acquittal", under rule 29 of Colorado law. It's an option afforded to the defense in criminal trials, once prosecutors have finished presenting their case. Motion, denied! After the court asked Roedema and Rosenblatt if they would be testifying, the defense ultimately, called no witnesses and rested their case. It seems they will be using evidence presented by the prosecution to refute the claims, that the two officers were responsible for killing Elijah McClain.

A pretrial proceeding in the case of the first officer on the scene, Nathan Woodyard, is scheduled for Monday. Woodyard, who's being tried alone, put his hands on Elijah within 10 seconds of exiting his vehicle. Roedema and Rosenblatt arrived seconds later, further escalating the interaction with the 23-year-old autistic man. It's likely, Woodyard's defense may also shift blame to paramedics while attempting to separate the accused from the actions of the other two officers on trial. He is also charged with manslaughter, criminally negligent homicide, and assault.
Jurors in the Roedema and Rosenblatt trial will return to court Tuesday, when closing argument are expected to begin.

Click here 🧠 for the full account of what was done to Elijah.

OutOfExile_IDR 2023

@disabilityjustice @disability @actuallyautistics

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