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.]
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".
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.
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.
It is an historical fact that the privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and voluntarily give up their unjust posture, but, as we are reminded, groups tend to be more immoral than individuals .
We know, through painful experience that! freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed.
-Martin Luther King Jr.
⚠️ CW – Suicide Prevention Month (TBI and Suicide)⚠️
September is National suicide prevention month and many members of the Invisible Disability Community are at high risk but, they're not alone. Individuals in the LGBTQIA community are "four times more likely" to make such an attempt for much the same reason as disabled individuals. The way they are mistreated and stigmatized in society. It is also the second leading cause of death for young people in the US between the ages of 18 and 25. "Native American communities experience higher rates of suicide compared to all other racial and ethnic groups in the US being the eighth leading cause of death…".
I thought this would be a good time to migrate and repost a piece I did on TBI "traumatic brain injury" and suicide to include these other at risk groups. What can you do if someone in your life is at risk? Spend some time with them, don't be judgmental, listen and love. If you see them being victimized or bullied, stand up and say something.
TBI - Traumatic Brain Injury and Suicide (originally posted Dec 27, 2022)
Why support is so important for those that live with TBI and Brain Injury. Between 2014 to 2017, the traumatic brain injury-linked death rate rose from 16.3 to 17.5 per 100,000 people.
There were 61,131 TBI-linked deaths in 2017 alone, and nearly half of these deaths were by suicide or homicide from 2015 to 2017. Last summer, a rash of suicides on the USS Washington raised questions about lack of support and services said to contribute to these deaths.
The links below present the dismal statistics and some ways to help prevent suicide among the population living with Brain Injuries and other marginalized people.
⚠️ CW – Suicide Prevention Month (TBI and Suicide)⚠️
September is National suicide prevention month and many members of the Invisible Disability Community are at high risk but, they're not alone. Individuals in the LGBTQIA community are "four times more likely" to make such an attempt for much the same reason as disabled individuals. The way they are mistreated and stigmatized in society. It is also the second leading cause of death for young people in the US between the ages of 18 and 25. "Native American communities experience higher rates of suicide compared to all other racial and ethnic groups in the US being the eighth leading cause of death…".
I thought this would be a good time to migrate and repost a piece I did on TBI "traumatic brain injury" and suicide to include these other at risk groups. What can you do if someone in your life is at risk? Spend some time with them, don't be judgmental, listen and love. If you see them being victimized or bullied, stand up and say something.
TBI - Traumatic Brain Injury and Suicide (originally posted Dec 27, 2022)
Why support is so important for those that live with TBI and Brain Injury.
From 2014 to 2017, the traumatic brain injury-linked death rate rose from 16.3 to 17.5 per 100,000 people.
There were 61,131 TBI-linked deaths in 2017 alone, and nearly half of these deaths were by suicide or homicide from 2015 to 2017.
Last summer, a rash of suicides on the USS Washington raised questions about lack of support and services said to contribute to these deaths.
The links below present the dismal statistics and some ways to help prevent suicide among the population living with Brain Injuries and other marginalized people.
Apparently, I'm that Karen, however, omissions often lead to misinformation, such as in this post. They can also be very damaging. So, I felt it necessary to respond.
First, one should have a look at the screenshot of the actual post (below). Second, I did not "come at" this person, I messaged him privately wondering if he realized how that statement may alienate an entire community and offend others with invisible disabilities. I was actually shocked at the reaction I received. To avoid confusion, the original post was by someone else and this individual boosted it into my timeline. It seems like they subscribe to the notion that "mentally ill" (as opposed below puts it) are like criminals and abusers.
This is the problem within the disabled community and seemingly the reason why there's been no progress in disability rights for everyone – lack of solidarity and cross disability support along with the willingness to slam someone secretly with half-truths and misinformation. Then comes the name-calling and profanity as the "right" likes to do.
While I was being slammed secretly online, I quietly reached out to others with invisible disabilities and mental health challenges to see what they though of the original post, not this user. The consensus is that this statement is extremely insulting and ablest. Now, I'm called a Karen and told "fuck off" by someone I once enjoyed interactions with regularly. Just another example of inequality and #stigmatude within the disabled community affecting people with ID and MH challenges. This is exactly why I focus on IDR.
The statement from the post in question:
"The second amendment right wing wants every criminal, MENTALLY ILL, drug addict, wife abuser to have access to AR 15s except Hunter Biden".
Sounds more like a blue vs. red post, rather then an anti-gun post. So apparently this poster feels that humans that live with mental illness are the same as criminals, wife abuser's, and drug addicts. Sounds like a right-wing ideology to me. The person calling me "Karen" in this thread, doesn't seem to see there's an issue with that which, is his prerogative but, lashes out in public with incomplete inaccurate information, like a right-winger.
I'm still curious to have my question answered by the original poster: "Mentally ill" what, or is that accepted terminology for "those people" with mental health challenges. The consensus among that community is that, this is offensive and ablest. Unfortunately when it comes to invisible disability, many within the disability community are the worst offenders. Insert any other health condition or marginalized group in the space where it says "mentally ill". See what kind of reaction you get from all the "Karen police" out there.
If you're going to come at someone and post about what they have to say, provide all the facts in the future. I will not stoop to your level and call you names or use profanity to refer to you. Apparently it depends on which health condition one lives with if they are accepted and defended by the disabled community. I would suggest revisiting your definition of Ableism.
There's a big difference between advocacy and "ablest police Karens". Advocates fight for inequality for EVERYONE in the disabled community where Karens complain for the sake of complaining. Giving half of the story while spreading misinformation about others, not giving them an opportunity to defend themselves. After the initial conversation I reached out and thanked this person and told him I appreciated him. The response was name-calling and profanity. That's class.
Apparently, I'm that Karen, however, omissions often lead to misinformation, such as in this post. They can also be very damaging. So, I felt it necessary to respond.
First, one should have a look at the screenshot of the actual post (below). Second, I did not "come at" this person, I messaged him privately wondering if he realized how that statement may alienate an entire community and offend others with invisible disabilities. I was actually shocked at the reaction I received. To avoid confusion, the original post was by someone else and this individual boosted it into my timeline. It seems like they subscribe to the notion that "mentally ill" (as opposed below puts it) are like criminals and abusers.
This is the problem within the disabled community and seemingly the reason why there's been no progress in disability rights for everyone – lack of solidarity and cross disability support along with the willingness to slam someone secretly with half-truths and misinformation. Then comes the name-calling and profanity as the "right" likes to do.
While I was being slammed secretly online, I quietly reached out to others with invisible disabilities and mental health challenges to see what they though of the original post, not this user. The consensus is that this statement is extremely insulting and ablest. Now, I'm called a Karen and told "fuck off" by someone I once enjoyed interactions with regularly. Just another example of inequality and #stigmatude within the disabled community affecting people with ID and MH challenges. This is exactly why I focus on IDR.
The statement from the post in question:
"The second amendment right wing wants every criminal, MENTALLY ILL, drug addict, wife abuser to have access to AR 15s except Hunter Biden".
Sounds more like a blue vs. red post, rather then an anti-gun post. So apparently this poster feels that humans that live with mental illness are the same as criminals, wife abuser's, and drug addicts. Sounds like a right-wing ideology to me. The person calling me "Karen" in this thread, doesn't seem to see there's an issue with that which, is his prerogative but, lashes out in public with incomplete inaccurate information, like a right-winger.
I'm still curious to have my question answered by the original poster: "Mentally ill" what, or is that accepted terminology for "those people" with mental health challenges. The consensus among that community is that, this is offensive and ablest. Unfortunately when it comes to invisible disability, many within the disability community are the worst offenders. Insert any other health condition or marginalized group in the space where it says "mentally ill". See what kind of reaction you get from all the "Karen police" out there.
If you're going to come at someone and post about what they have to say, provide all the facts in the future. I will not stoop to your level and call you names or use profanity to refer to you. Apparently it depends on which health condition one lives with if they are accepted and defended by the disabled community. I would suggest revisiting your definition of Ableism.
There's a big difference between advocacy and "ablest police Karens". Advocates fight for inequality for EVERYONE in the disabled community where Karens complain for the sake of complaining. Giving half of the story while spreading misinformation about others, not giving them an opportunity to defend themselves. After the initial conversation I reached out and thanked this person and told him I appreciated him. The response was name-calling and profanity. That's class.
@paul
Apparently, I'm that Karen, however, omissions often lead to misinformation, such as in this post. They can also be very damaging. So, I felt it necessary to respond.
First, one should have a look at the screenshot of the actual post (below). Second, I did not "come at" this person, I messaged him privately wondering if he realized how that statement may alienate an entire community and offend others with invisible disabilities. I was actually shocked at the reaction I received. To avoid confusion, the original post was by someone else and this individual boosted it into my timeline. It seems like they subscribe to the notion that "mentally ill" (as the post below puts it) are like criminals and abusers.
This is the problem within the disabled community and seemingly the reason why there's been no progress in disability rights for everyone – lack of solidarity and cross disability support along with the willingness to slam someone secretly with half-truths and misinformation. Then comes the name-calling and profanity as the "right" likes to do.
While I was being slammed secretly online, I quietly reached out to others with invisible disabilities and mental health challenges to see what they though of the original post, not this user. The consensus is that this statement is extremely insulting and ablest. Now, I'm called a Karen and told "fuck off" by someone I once enjoyed interactions with regularly. Just another example of inequality and #stigmatude within the disabled community affecting people with ID and MH challenges. This is exactly why I focus on IDR.
The statement from the post in question:
"The second amendment right wing wants every criminal, MENTALLY ILL, drug addict, wife abuser to have access to AR 15s except Hunter Biden".
Sounds more like a blue vs. red post, rather then an anti-gun post. So apparently this poster feels that humans that live with mental illness are the same as criminals, wife abuser's, and drug addicts. Sounds like a right-wing ideology to me. The person calling me "Karen" in this thread, doesn't seem to see there's an issue with that which, is his prerogative but, lashes out in public with incomplete inaccurate information, like a right-winger.
I'm still curious to have my question answered by the original poster: "Mentally ill" what, or is that accepted terminology for "those people" with mental health challenges. The consensus among that community is that, this is offensive and ablest. Unfortunately when it comes to invisible disability, many within the disability community are the worst offenders. Insert any other health condition or marginalized group in the space where it says "mentally ill". See what kind of reaction you get from all the "Karen police" out there.
If you're going to come at someone and post about what they have to say, provide all the facts in the future. I will not stoop to your level and call you names or use profanity to refer to you. Apparently it depends on which health condition one lives with if they are accepted and defended by the disabled community. I would suggest revisiting your definition of Ableism.
There's a big difference between advocacy and "ablest police Karens". Advocates fight for inequality for EVERYONE in the disabled community where Karens complain for the sake of complaining. Giving half of the story while spreading misinformation about others, not giving them an opportunity to defend themselves. After the initial conversation I reached out and thanked this person and told him I appreciated him. The response was name-calling and profanity. That's class.
@BrianHarrod
Oh how I wish that people would stop using invisible disability and mental health issues when referencing people like Mr. My pillow, and other right wing zealots. It's insulting to an entire community and extremely stereotypical. Just ask Olympic gold winner Simone Biles actress, Emma Stone or millions of others.
The fact that Mike Lindell is a combative right-wing asshole into conspiracy theories, has nothing to do with the rest of that community or with health conditions. It has everything to do with the fact that he's a combative right-wing asshole into conspiracy theories, that supports fascists. It's also extremely ablest.
On August 14, Philadelphia police officer Mark Dial, shot through the window of Eddie Irizarry's car after pulling him over and lied to the public about the events. The police claim that, Mr. Irizarry was out of his car and "lunging" at officers with a knife, was quickly refuted by private "Ring" camera footage.
Body camera footage was released today showing the officer exiting his car, running to the driver side of Eddie Irizarry's car with gun drawn while Eddie sat in the drivers seat. On the video, the officer can be heard yelling "I WILL F&#ING SHOOT YOU". He immediately fired six shots into the car, killing Mr. Irizarry.
Today, the killer, officer Dial turned himself in after being charged by the Philadelphia DA with offenses including: Murder. Voluntary Manslaughter, Aggravated Assault and Official Oppression. The family has shared with the media that Eddie was schizophrenic.
UPDATE: Philadelphia police officer Mark Dial WAS out on $500,000 bail. Dial shot Eddie Irizarry through the window of his car on August 14 and lied to the public saying, Irizarry was out of his car and lunging at him with a knife. The district attorney wanted bail revoked saying, it is a direct violation of the Pennsylvania Constitution. Bail is not granted in Pennsylvania for murder cases.
BREAKING NOW: This afternoon, a judge revoked bail and former officer Mark Dial is now behind bars for the murder. It's about time that the two-tiered justice system made such a ruling. It's time for more of this. Keep fighting.
Federally Sanctioned Exploitation Of Workers with Disabilities – Happy Labor Day:
On this Labor Day, Out Of Exile – Invisible Disability Rights gives thanks and honor to workers and the unions that protect them. Without unions, the experience of many workers may be similar to that of the disabled. This piece will focus on the exploitation and abuse of disabled workers by employers , and how it's perfectly legal under federal and state laws in the US. Section 14(c) of the US Department of Labor's "Fair Standards And Labor Act" (FSLA), has been virtually unchanged since it was enacted in 1938. Under the almost century old regulation, employers can apply for a certificate which allows them to pay workers with disabilities, an unspecified subminimum wage.
The average sub wage and the number of disabled people seemingly exploited by this legislation, seems to vary among the sources linked below. By any account, even one person with disabilities being preyed upon in this way, is far too many. The wages are inhumane. A 2021 Forbes article claims over 320,000 people with disabilities, the majority with invisible disabilities, earn an average of $3.34 an hour. A previous Forbes article put the figures in excess of 420,000 people being paid as little as $2.15, while others cite drastically lower wages. Some organizations like Goodwill, form their own "sheltered workshops", determining their own limits on sub wages for their disabled workers. There seems to be no bottom limit on how little individuals with invisible disabilities can be paid.
"The non-profits use “time studies” to calculate the salaries of Section 14 (c) workers. With a stopwatch, staff members time how long it takes a disabled worker to complete a task. That time is compared with how long it would take a person without a disability to do the same task. The non-profit then applies a formula to calculate a rate of pay, which may be equal to or less than minimum wage".
A decade ago, NBC reported that Goodwill industries, presumably by authority of their DOL "Section 14(c) certificate", paid disabled workers twenty-two cents an hour. The report claims that some were paid as little as three or four cents an hour. Think about paying your bills 10 years ago on a wage like this. Some nonprofits, even place Section 14(c) workers in outside, for-profit endeavors in restaurants, stores and even, "IRS centers". That sounds more like calculated exploitation, rather than accommodation and equality. Though the "NBC-Goodwill" article and figures are old, the problem is older and still continues today.
The theory of sheltered workshops is to prepare individuals with disabilities to transition to outside employment. In Missouri, disabled workers packaging T-shirts or sorting and counting dog treats to be sold for profit on Amazon, rarely "graduate" these workshops into regular paying jobs. Pay for sorting the $15 Amazon dog treats? $1.50 an hour while Jeff Bezos builds rocket ships. The title of the recent ProPublica article linked below, says it all. "Missouri Allows Some Disabled Workers to Earn Less Than a Dollar an Hour. The State Says It's Fine If That Never Changes". I say, show me change in the Show-Me state and across the country.
In a follow-up to that story by ProPublica, some participants of sheltered workshops said they approved, saying the alternative is to sit at home and do nothing. Are these opinion formed as a result of gas lighting or years of oppression accepted as "just the way it is"? It's time for new attitudes and alternatives for the disabled community when it comes to wages and employment. In some states, now there are.
About 16 states have changed or passed laws regarding disability subminimum wage exploitation but, nothing to speak of federally. A three year old press release from the National Council on Disability that "Applauded the US commission on civil rights call to repeal section 14(c)", seems to be the sum of that effort. Other states have actions in progress including: Connecticut, Minnesota, New Hampshire, New York. If you live in any of these states, now's the time for activism and to let your representatives know how you feel. Follow the ""legislation watch" APSE link to track progress. The Alternative? Similar actions introduced in Kentucky and West Virginia died in committee allowing this despicable injustice against disabled people in those states to continue. Change is up to everyone. What will you do to help stop the exploitation and abuse?
"DOJ and EEOC Warn: Employers’ Use of Artificial Intelligence Can Violate the Americans with Disabilities Act"
Tools used by employers that rely on algorithms or artificial intelligence, like computer testing of job applicants and software to "score" resumes, "may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA)", according to the US DOJ.
The Department of Justice (DOJ) and the Equal Opportunity Employment Commission (EEOC) both released "technical assistance" documents, warning employers and providing guidance about potential disability employment discrimination. The ADA requires employers to provide "reasonable accommodation" to applicants and employees that suits their disability. The EEOC provided examples in their "assistance document" (linked below), one of which, seems to be a challenge I might face with one, or more of my disabilities.
"A job application requires a timed math test using a keyboard. Angela has severe arthritis and cannot type quickly. Typing quickly is not necessary for the job. Angela will fail the test if she takes it without a reasonable accommodation. The reasonable accommodation could be speaking the answers or having more time for the test."
In my case, having one fully functioning hand, using a keyboard with speed and accuracy is no longer an option, so AI would screen me out. I'm fortunate to have quality voice recognition software to dictate and control computer function. Speaking the answers would be a necessary accommodation to my limb difference disability but, other disabilities and factors can come into play.
For example, a person with brain injury or autism may require a different accommodations, as would someone who is hearing or visually impaired. The ADA document "Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring", gives another example:
"… if a county government uses facial and voice analysis technologies to evaluate applicants’ skills and abilities, people with disabilities like autism or speech impairments may be screened out, even if they are qualified for the job."
Considering ableism, ignorant attitudes and discrimination from humans, people with disabilities face enough barriers. The last thing we need is to be further excluded by artificial intelligence and machines. The releases below from the DOJ, EEOC and ADA also offer guidance about recognition, rights and what to do if AI discriminates against you.
According to the rules – Section 14(c) of the US Department of Labor's "Fair" Labor Standards Act (FLSA) of 1938 to be exact:
It's perfectly legal to pay hundreds of thousands of employees with disabilities as little as two dollars an hour, as long as you obtain a certificate from the federal government.
Sorry to say, this is not a joke. It's a disgusting practice that, "according to the rules", makes it okay for companies to exploit people with invisible disabilities.
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.
The trial of two of the five accused murderers of Elijah McClain, a 23-year-old autistic black man, is finally underway four years after his death. Opening statements began yesterday in the trial of former officers Randy Roedema and Jason Rosenblatt. The two are facing felony charges of criminally negligent homicide, manslaughter and assault.
Today, the prosecution called their first witnesses and presented body cam footage. Two versions of the videos were submitted into evidence, the original, and one that had been enhanced for sound clarity and brightness.
After the defense argued that the videos had been "manipulated", the judge ruled that the enhanced video would be allowed but, instructed jurors to "disregard anything seen or heard in the enhanced video if they could not see or hear it in the original".
JUSTICE FOR ELIJAH MCCLAIN TRIAL UPDATE:
FRIDAY– DAY 3
Elijah McClain's mother left the courtroom in tears on Friday after body cam footage of his final moments were shown. Aurora Colorado PD has a long history demonstrating a "pattern and practice" of victimizing and harming POC and people with invisible disabilities.
Elijah's "behavior" during the encounter was not that of a criminal in defiance but, a harmless person with invisible disabilities.
Lawyers for the officers accused of murder have attempted to shift blame to the paramedics had injected him with ketamine.
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.
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.
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.
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.
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.
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.