Judge Orders Autopsy Report Revision

(Akron, Ohio) A judge directed the medical examiner to revise her autopsy reports to delete any references that Tasers contributed to the death of a detainee.

A medical examiner must change her autopsy findings to delete any reference that stun guns contributed to the deaths of three people involved in confrontations with law enforcement officers, a judge ruled.

Friday's decision was a victory for Taser International Inc., which had challenged rulings by Summit County Medical Examiner Lisa Kohler, including a case in which five sheriff's deputies are charged in the death a jail (sic) inmate who was restrained by the wrists and ankles and hit with pepper spray and a stun gun.

Kohler ruled that the 2006 death of Mark McCullaugh Jr., 28, was a homicide and that he died from asphyxiation due to the "combined effects of chemical, mechanical and electrical restraint."

Visiting Judge Ted Schneiderman said in his ruling that there was no expert evidence to indicate that Taser devices impaired McCullaugh's respiration. "More likely, the death was due to a fatal cardiac arrhythmia brought on by severe heart disease," the judge wrote.

Schneiderman ordered Kohler to rule McCullaugh's death undetermined and to delete any references to homicide.

Judge Schneiderman also ordered the autopsy reports be revised on two other similar deaths. To me, this is very interesting because the judge has told the medical examiner that her conclusion was wrong. The judge ruled that "no expert evidence" was provided which indicated that the Taser contributed to the death. I would contend that the autopsy report signed by the medical examiner is expert evidence.

The prosecution is considering an appeal.