Maryland audit reveals OCME undercounts homicides disproportionately affecting Black individuals

The Maryland General Assembly's Judiciary Committee has initiated a significant audit of the Office of the Chief Medical Examiner (OCME) following concerns about the classification of deaths involving restraint, particularly those resembling high-profile cases like George Floyd's. The audit, which reviewed 87 cases of sudden or unexpected deaths during or shortly after restraint, revealed alarming discrepancies in how these cases were classified.

The audit identified that 84 of the deceased were men, with a substantial portion being people of color, including 61 Black individuals. Notably, over 75% of the cases involved police officers applying restraint. The independent reviewers, consisting of 12 highly qualified forensic pathologists, found that OCME had classified only 12 of the 48 cases they unanimously deemed homicides. This stark contrast indicates a potential undercounting of homicides, particularly among Black victims and those restrained by police.

The audit's methodology included redacting personal information to minimize bias and ensure impartiality in the review process. Reviewers were initially unaware of the decedents' race and OCME's original determinations, allowing for an unbiased assessment of the cause and manner of death. The findings suggest a troubling pattern of racial bias, with OCME certifying homicides in only 16% of cases involving Black decedents compared to 44% for white decedents.

Additionally, the audit highlighted the controversial use of the term "excited delirium," which has been discredited by major medical organizations. OCME frequently invoked this term, often leading to undetermined classifications of deaths. The independent reviewers, however, judged the majority of these cases as homicides.

In response to these findings, the committee has made several recommendations aimed at improving OCME practices, including the abandonment of the term "excited delirium" and adherence to national standards for death certification. The committee emphasized the need for better documentation and thorough autopsy procedures to ensure accurate classifications in the future.

As the audit results unfold, they underscore the critical need for transparency and accountability in death investigations, particularly in cases involving law enforcement. The implications of these findings could lead to significant reforms in how such cases are handled in Maryland, aiming to restore public trust in the medical examination process.