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Maryland A.G. To Appoint Panel To Audit Record of Chauvin Expert Witness Dr. David Fowler

Maryland A.G. To Appoint Panel To Audit Record of Chauvin Expert Witness Dr. David Fowler

Chauvin had two experts who testified — one (Barry Brodd) had his house targeted and the other (Dr. David Fowler) his professional license attacked. This will make it difficult if not impossible for the three other officers awaiting trial to hire expert witnesses.

Dr. David Fowler, former Chief Medical Examiner of Maryland, was an effective expert trial witness for Derek Chauvin, not that it mattered in the end.

Now there is an all-out professional mob targeting Fowler as punishment. On April 25, 2021, we reported how Chauvin Defense Forensic Expert Targeted By Maryland A.G. and Colleagues:

Derek Chauvin’s use-of-force expert, Barry Brodd, was targeted after his testimony. His former home, which the perps apparently assumed was still his, was  Vandalized and Smeared With Pig’s Blood.

A different type of targeting now is directed at Chauvin’s forensic expert, Dr. David Fowler. You may recall that Fowler was a very effective witness, testifying that George Floyd had a sudden cardiac arrythmia due to atherosclerotic and hypertensive heart disease, during his restraint by the police….

Dr. Fowler now is being targetted professionally, in moves which I predict are intended to render him unable to be an expert witness ever again, and even a vindictive attempt to pull his medical license.

Now it’s happening, the threats are coming to fruition. The Washington Post reports that the Maryland Attorney General is planning to appoint a panel to audit Fowler’s cases:

Maryland Attorney General Brian E. Frosh’s office plans to appoint a panel of independent experts to audit and release a public report on all cases of deaths in police custody overseen by David Fowler, the state’s former chief medical examiner who testified in Derek Chauvin’s defense.

In a statement Friday, Frosh (D) said his office would be “consulting experts, examining similar audits in other jurisdictions, and doing a preliminary review of [the Office of the Chief Medical Examiner] data and protocols.”

The statement called on those who have been “affected by the focus of the audit or members of the public with interest or expertise” to submit comments or materials to the Office of the Attorney General….

Fowler could not be immediately reached on Friday but said earlier he formed his opinion in collaboration with 13 other experts. He previously defended his work in a statement to The Washington Post: “I stand behind the outstanding work that all of our dedicated staff at the Maryland State Medical Examiner’s Office performed during my tenure as the Chief ME.”

The Maryland A.G. Statement reads, in full:

“My office, in consultation with Governor Hogan’s Chief Legal Counsel, has begun working to
develop the process and timeline for the audit of in-custody death determinations made by the
Office of the Chief Medical Examiner (OCME) during the tenure of Dr. David Fowler. We are
committed to overseeing a professional and independent audit that adheres to the highest
standards of impartiality and integrity. We will be consulting experts, examining similar audits
in other jurisdictions, and doing a preliminary review of OCME data and protocols. Our intent
is to appoint a panel of independent subject matter experts to perform the audit, and at the
conclusion of the review, to release a public report on its findings.

“As we continue this process, we are also interested in receiving input from communities
affected by the focus of the audit or members of the public with interest or expertise in the work
of the OCME. We invite anyone who would like to provide comments or materials to send them
by June 7, 2021 to the Office of the Attorney General at [email protected], or to 200
St. Paul Place, Baltimore, MD 21202.”

It’s not hard to understand what is happening. Maryland officials and the professional forensic participants in the targeting of Fowler, are seeking both retribution against Fowler, and making it difficult if not impossible for the three other officers awaiting trial to hire expert witnesses. Chauvin had two experts who testified — one (Barry Brodd) had his house targeted and the other (Dr. David Fowler) his professional license attacked.

The Maryland “audit” panel will reach the conclusion the mob wants.

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Comments

Antifundamentalist | May 7, 2021 at 9:03 pm

Is this not the very definition of fascism?

    Yeah. So what are cheney, mcconnell, romney, murkowski, collins, kevin mccarthy and rona romney gonna do about it?

    NOTHING.

    Trump.amd De Santis and Cruz and the like are all we got separating is from a living hell.

      My question to you is: What are you gonna do about it?

        I don’t publish my ‘adventures’, but I assure you I am very active in politics, and invest more time than most people do.

        So what are YOU gonna do about it?

      The Friendly Grizzly in reply to TheFineReport.com. | May 8, 2021 at 12:52 pm

      “Trump.amd De Santis and Cruz and the like are all we got separating is from a living hell.”

      And, they will do… what? MarkS asks what you, and I would assume by extension, all of us, will do about it?

      I believe we are reaching a point where we will need to be storming the court houses, or storming the jails to free the political prisoners. Dox the judges, district attorneys, and the attorneys general and take direct action.

        Get involved in local politics – very involved.

        Remember what Tip O’Neill once said (between drinks): “All politics is local.”

        Get involved.

        Advocating a position of storming buildings , doxxing etc. Is uncalled for. Instead of hyperbolic actions make a case for a reform, protest peacefully. Engage. From where I’m standing it really looks like you skipping the engagement/democratic step and going straight for a violent solution. Which I cannot condone at all.

          Oh, look, Grizz, @mark311 doesn’t condone your suggestion that we apply leftist tactics in response to leftist tactics. Well, then, there goes that idea, after all it’s MARK311, whom we all respect and revere. bwahaha

          mark311 in reply to mark311. | May 11, 2021 at 6:44 am

          @Fuzzyslippers

          You are prone to applying the actions of a few to a very broad group. Those haven’t been tactics of the left, that’s the been the actions of a very small minority. And I would always argue against such people. And yes if they have committed a crime they should be prosecuted. But I’d point out that what was called for was considerably beyond what any on the left has done. Storming court houses and freeing political prisoners is way beyond what any on the left have done. As it happens I respect law and order, seems like you don’t. I can’t go along with a criminal action , the label of left or right is moot it’s the action that should be condemned.

    avi natan in reply to Antifundamentalist. | May 8, 2021 at 12:06 pm

    Herr Hogan,
    I guess these gestapo tactics come as natural as mothers milk to you

Another reason that if, and unfortunately it’s if not when, the verdict is overturned, a new trial cannot be held because government itself is intimidating witnesses.

    JHogan in reply to gospace. | May 9, 2021 at 4:49 pm

    That would be true if we still have a functioning judicial system.

    I wouldn’t bet any money on it.

henrybowman | May 7, 2021 at 9:26 pm

Doctor Fowler, I’d like you to meet Kyle Rittenhouse and the McCloskeys..

Eddie Baby | May 7, 2021 at 9:47 pm

It seems like the investigation would most likely hurt police officers. If they determine a wrongful death took place, then it’s time to prosecute the officers that had the suspect in custody.

Not surprising that Governor Hogan is involved in this, however tangentially.

broomhandle | May 7, 2021 at 9:56 pm

This is simply unbelievable. The political culture war is now all that defines America.

    The key word is ‘war’. And we are at war with our government.

      Ben Kent in reply to TheFineReport.com. | May 8, 2021 at 8:13 am

      USA IS UNDER ATTACK

      Marxists have been working for decades to undermine America. Now this cancer is metastasizing.

      We are all to blame. We saw the schools turn into indoctrination centers in the 1970s and 80s. The cancer grew. We laughed at the “political correctness” in the 1990s. The cancer grew. We looked the other way at insane social changes in the 2000’s and the rise of “Democratic Socialists”.

      About 80 million were fooled into voting for Biden – despite clear red flags that he was a puppet of the Progressives.

      When do people wake UP ? When do we stand UP and push back ?
      _ We must fight every election – from governor to school board member to dog-catcher.

        Yes, we are all to blame. We subcontracted our bulwark against tyranny to the scumbags of the GOP, electing boehner, mcconnell, murkowski, romney, mccain… the lsit goes on. And we tolerate an romney family idiot as the GOP chair.

        Get involved in local politics.

Just imagine if he had annoyed the Clintons!

When they get done with their witch hunt and Dr. Fowler maybe they can do a little work on Maryland Mosby, a real gem of Maryland depravity.

According to marx311, people with professional licenses can’t be a mob and would never resort to such unprofessional behavior.

    If you think he’s bad, wait until Mark312.

    mark311 in reply to Paddy M. | May 8, 2021 at 11:07 am

    It’s mark311.

    That’s part of the point I argued. If there is a question mark over the scientific validity of Dr Fowler’s views. In other words if Dr Fowler can’t justify his assertion from the point of view of the science then that’s a problem. Expert witnesses can’t just make up something it has to be based on something, from a professional point of view if your peers disagree you had better have a damn good reason. Otherwise your going to get a professional negligence claim real soon.

      n.n in reply to mark311. | May 8, 2021 at 11:24 am

      The question mark proceeded from political pressure, which first turned the medical examiner’s opinion, and now follows anyone who dissents from the sociopolitical consensus with a threat of cancellation and/or redistributive change.

      paralegal in reply to mark311. | May 8, 2021 at 1:00 pm

      two seconds on Pubmed or Google scholar proves the peers criticism of Fowler’s views has no merit whatsoever.

      Within a minute I found four peer reviewed papers corroborating Fowler’s testimony on open air carbon monoxide poisoning.

      https://pubmed.ncbi.nlm.nih.gov/15103294/
      https://pubmed.ncbi.nlm.nih.gov/31724228/
      https://pubmed.ncbi.nlm.nih.gov/9456553/
      https://pubmed.ncbi.nlm.nih.gov/24652378/

        henrybowman in reply to paralegal. | May 8, 2021 at 9:58 pm

        Where is the political persecution of the witnesses who gave totally laughable “scientific” testimony? Strangely absent.
        This political ratchet works in only one direction, and you know it.

          henrybowman in reply to henrybowman. | May 8, 2021 at 9:59 pm

          (That was supposed to be in reply to mark311.)

          mark311 in reply to henrybowman. | May 9, 2021 at 3:20 am

          That’s a different question, clearly peers didn’t feel that those experts that you consider laughable to be that erroneous. Clearly Dr Fowler’s peers do. Who else is best to judge how reasonable a professional view is other than those in the profession? Certainly not you or I

        mark311 in reply to paralegal. | May 9, 2021 at 3:18 am

        The question isn’t whether is can’t happen it’s whether it can be substantiated. Dr Fowler made an assertion based on what exactly. The phone letter clearly stated that there should be a degree of certainty on the cause of death to make an opinion. So my question to you is how did Dr Fowler form his opinion , what evidence did he present to support his opinion? I think we need to be clear that an expert witness can’t just express an opinion it has to be based on something.

          Burn_the_Witch in reply to mark311. | May 9, 2021 at 5:27 pm

          It’s like you practice being wrong on this website for some mystifying reason. As an expert witness in the Chauvin case, Dr. Fowler’s previous work is not something that requires “substantiation”. Given that you were provided documentation of the phenomenon that Fowler described, you’re trying to weasel your way out of it with bullshit semantics.

          Fowler had just as much grounds to make a professional guess about Floyd’s O2 levels as the state’s witness did, who went much farther, making concrete claims from watching a video that no medical professional with a modicum of ethical responsibility would make. And Tobin isn’t being investigated, is he?

          You routinely have the worst takes here.

          He has the worst takes here because he’s a.) a troll, who is b.) incapable of independent thought, and c.) has never heard of, much less, engaged in critical thinking. The combo is really bad and gives trolls a bad name.

          mark311 in reply to mark311. | May 11, 2021 at 6:54 am

          @burn the witch

          The links provided had specific data on various aspects of the people involved. I’m not clear on whether that’s the case for Floyd’s case, it seems like there was a lack of information on that point. As such as I’ve pointed out the medical opinion has to be based on something. Making a guess really isn’t good enough. It maybe you are right on Mr Tobin I’m not sure. Clearly his peers didn’t have the same reaction though. An issue has been highlighted by Dr Fowler’s peers and that’s being investigated. That entirely reasonable. The last thing we want is an expert who makes wild assumptions. On the contrary burn the witch you seem to have missed the nuance of my points, and that’s your loss. With all due respect many of the arguments I’ve been presented (not all) have been poor, depending on the subject.

          @Fuzzy

          No offence fuzzy but a reasoned argument doesn’t appear to be something you are familiar with. Your total lack of critical thinking makes you utterly blind to your serious errors of logic. It’s ironic that you think I lack critical thinking when intake a great deal of care to provide reasoned arguments against your points where I disagree and you instead resort to bad faith , rehashed nonsense and adhominem. Calling me a troll is your way of avoiding th bigger point which is that for the most part I’ve shown you to be wrong time and time again.

          mark311 in reply to mark311. | May 11, 2021 at 8:08 am

          @Burn the witch

          Looking at the studies further, I’m not really clear they are comparable. They are a different range of vehicles / modes of transport that don’t bare any resemblance to to the Hybrid vehicle being used by the officers during the incident. DR Fowler acknowledged at the time he didn’t know the emissions level of the vehicle. Seems pretty speculative.

Fascism thy name is Democrat Party.

Fowler blew up the state’s case with his testimony. A fair, reasonable jury that would have reviewed all the evidence and should have seen that the state’s claim of low oxygen level was debunked when he forced the state to report on his actual oxygen level. Yet another case of the state bringing discovery to the court after the trial started.
whether it was done on purpose or not, the state undermined it’s strongest theory. Even if his oxygen level was low ( there was no baseline test), there was never a theory offered by the state as to how it went from a low level back to a normal level.

Frosh is trying to have it both ways. He is defending Fowler in the Anton Black case but smearing him in the Saint George of Minneapolis case.

https://wtop.com/maryland/2021/04/md-attorney-general-moves-to-dismiss-lawsuit-claiming-cover-up-of-anton-blacks-death/

Oh look, it’s the Blue caps coming to ask you some questions.

Message sent to any who oppose the takeover of America by the Leftists.

The way to stop this endless onslaught of death by a thousand cuts is to go big with MAGA.

https://theconservativetreehouse.com/2021/05/07/gop-conference-vote-to-get-rid-of-liz-cheney-scheduled-for-next-wednesday-9am/#more-211805

” You “conservative” pundits still don’t get it: Trump isn’t JUST our candidate. He is our murder weapon. And the GOP is our victim… we good now?” -Blogosphere Talking Head

This is the very biggest thing happening right now and will kneecap the very”enemy within” that keeps circling the wagons around the democrats every time they are in trouble. After next Wednesday, there will be very little in the way to stop the Uniparty bloodbath in 2022.

I expect these “small ball” court situations will soon dissipate as the communists are forced to go on the defensive in the bigger battles. We will soon have them on the ropes.

Why has Trump disappeared from LI? Hello?

Bucky Barkingham | May 8, 2021 at 7:40 am

If this panel finds that there were problems with evidence given by Fowler against currently imprisoned felons won’t the state then need to re-try or release them? This exercise could be very expensive for the state and the citizens of the Free State.

Justice for Ashli Babbitt!

    The panel participants are more than willing to make decisions which might cost the taxpayers million$ in order to achieve their objective of making it essentially impossible for the four just indicted by a Federal Grand Jury (including Chauvin) to have a fair trial (as if it would be possible in MN anyway).

Gremlin1974 | May 8, 2021 at 8:27 am

So basically they don’t like his opinion, even though is it reasonable and medically sound, so they are putting together a bunch of other people who don’t like his opinion to give a different opinion so they can use that to attack and ruin him.

He needs to file suit against the state and the AG now.

    mark311 in reply to Gremlin1974. | May 8, 2021 at 11:09 am

    That’s the problem his peers don’t think his opinion is medically sound.

      Milhouse in reply to mark311. | May 9, 2021 at 3:18 am

      What “peers”, and on what basis do they question his opinion? There is no scientific basis for questioning it, only a political basis. And these charlatans are not his peers.

        mark311 in reply to Milhouse. | May 9, 2021 at 4:47 am

        See response later, comment reply ended up placed later in the thread. Uhg

          You’re probably just super tired from driving 50,000 miles A YEAR in the UK. The UK is roughly the size of one of our states (Oregon), so yeah, driving 50k miles a year over there would wear anyone out . . . especially since American long-haul truckers–i.e. those who drive a big rig for a living–rack up 75-125k miles a year (and not in their personal cars).

          mark311 in reply to mark311. | May 11, 2021 at 8:20 am

          @Fuzzy

          Driving isn’t my job but it kinda helps since I’m visiting construction site/property. I’m sure there are plenty of people who drive more, All I was doing was providing context for my personal choice for EV usage.

          There is no way in hell you drive 50,000 miles a year in your personal car, Mark. No. Way. Do you have any idea how many miles that is? Or are you going with the leftist new math of 2 + 2 = 50,000?

          You lied. Outright, and while I would love to eat my cotton candy (candy floss to you) hat, I can’t because you are a lying liar who lies. “Providing context” for leftist loons always involves lying, have you noticed that? I have. And you did it. You are a liar. There is no way in hell you drive 50K miles A YEAR, visiting construction sites. Are the construction sites in outer Mongolia and you decided to drive there . . . in your own personal car? Liar.

I would really be interested in hearing from legal historians if they can cite previous examples from US history where a political party targeted criminal trials from retribution. Nothing comes to my mind.

I don’t think it’s possible to overstate the danger our current political climate represents to the Republic broadly and civil liberties individually. We really are in uncharted waters here. While the Civil War was clearly an existential threat to the nation, that was a threat between states; a predictable growing pain that was inevitable with the Founders unable to retire the question of slavery from the very beginning.

What’s happening now is something else all together. That ‘something’ is fascism.

The sad truth is, these kinds of abuses will continue and get worse unless we deploy a “full retaliatory response,” as JFK put it. Mr Frosh needs to feel some fear, be it professional or otherwise. The other constraints that you hope and expect to work in moderately civilized, democratic, societies are not working now. These people have no shame at all and there is no depth to which they will not sink.

    Edward in reply to Jounulz. | May 8, 2021 at 10:41 am

    I fear that it will take far more than any level of force contemplated by the average citizen to overcome what, and who, is taking over the country now.

      n.n in reply to Edward. | May 8, 2021 at 11:18 am

      Yes, involuntary exploitation, diversity, and redistributive change were not resolved, at least temporarily, until the civil war. And before that, the revolutionary war for circumstances following a common theme. Sustained through conflicts on multiple fronts that precluded immediate reform. This bears the tell-tale signs of Hutu/Tutsi cycles of retributive and redistributive change.

50 shades of Minnesota AG: take a knee. The Salt Lake City DA, too: diversity in cases that are deemed politically incongruent (e.g. black officer murders unarmed white suspect without history or cause) are inadmissible for the sake of social progress. Then there is the military junta in DC, an unarmed women: Ashli Babbitt, and an elective abortion (i.e. justifiable homicide) a.k.a. murder. In other cases where there is political congruence (“=”), presumed guilty until proven innocent beyond a reasonable doubt: witch hunts and warlock trials relabeled under a social justice brand.

Im imagine for a moment that a man accused of a heinous crime had all of the obsitcals that Chauvin had in getting a fair trial. The jury was terrified of retribution from “peaceful protest, one of the jurors was photographed in a BLM shirt. An historic civil judgement was awarded to the fam during jury selection, A pigs head and blood was all over a defense witnesses old house. High level politicians put their thumbs on the scales. Plus more but there is too much to type.

Now take all of these pre trial things, and imagine a young black man in 1950s Alabama who is accused of raping a while woman.

We’d likely be teaching our children today how wrong this was. Why are people of my political persuasion (center left) celebrating this completely unfair trial?

    henrybowman in reply to katesully. | May 8, 2021 at 10:04 pm

    Because of what Hannah Arendt coined “the banality of evil.” They are following Marxists and racists because Marxists and racists sit on the thrones they have trained themselves to worship.

Hire experts from Red or Free states, not from the Blue Fascist states.

The whole point of the open letter is that it was from his peers ie other medical examiner’s.

The scientific basis are you kidding. You do understand that if you make an opinion as an expert it’s not based on nothing it has to be based on the best professional view that you have. If Dr Fowler merely asserted something and that wasn’t in line with the way his profession operates as standard practise then that creates a problem. Having a situation where someone can merely asserts something isn’t how expertise operates. Neither you or I are in a position to judge that. His peers are.

    mark311 in reply to mark311. | May 9, 2021 at 4:46 am

    FFS that was supposed to be a reply to milhouse

    Burn_the_Witch in reply to mark311. | May 9, 2021 at 5:33 pm

    Stop lying, or pretending you are ignorant. Neither reflects well upon you. You have been provided scientific basis in this very thread. There’s no excuse for these antics in written communication.

    Fowler made no assertion out of line with anything, and certainly nothing that warrants looking at his work that’s not relevant to the case – which is what the letter asks for, you dishonest hack. Tobin went much farther than Fowler in making medical determinations based on merely watching a video. Tobin was clearly out of line in his testimony, yet from you, we hear…crickets.

    Your apologetics for this brazen tyranny is disgusting and has no place in a liberal democracy.

      buck61 in reply to Burn_the_Witch. | May 9, 2021 at 8:54 pm

      then you had one doctor claim Floyd had an enlarged heart because it had to work harder because the arteries were blocked and the muscle got bigger due the extra work it had to do. Haven’t seen anyone challenge a theory I had never heard before.

      mark311 in reply to Burn_the_Witch. | May 11, 2021 at 8:29 am

      Lying is that the best you can do, You haven’t actually understood the substance of what im saying have you. Perhaps i shouldnt try and communicate better, thats on me, perhaps you should try understanding a different position and thinking critically thats on you.

      You’d have to show that those links are adequate comparisons, which I’ve alluded too. Making a generalised case that carbon monoxide poisoning happens doesn’t help address the specific circumstances of the case. The specific issue is that to make an assertion you need to back it up with something i.e. an understanding of CO emissions from the vehicle, O levels in his blood etc. That’s appeared to be lacking when DR F made his assertion. Which is what his peers have picked up on alongside his indeterminate conclusion.

      You may have a point with Tobin, I’ve no idea,

      With all due respect when you characterise checks and balances as tyranny then you are being foolish. In order for a system to work it needs feedback so when legal processes, or witnesses have flaws they are exposed. Otherwise how on earth can the system be improved or make progress!

      Ensuring that expert witnesses adhere to a strong set of standards is important, it only serves to cause injustices otherwise.

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