ADAMS COUNTY, Colo. (KDVR) — The autopsy report for a young man who died after an encounter with Aurora police and paramedics has been changed.
This is being described as a very unusual move. The story regarding the changed autopsy was first reported Friday by Colorado Public Radio.
FOX31 has now independently confirmed the information.
The chief coroner said her office received confidential grand jury information which contains confidential information and cannot release anything further.
“So, we have sued under the open records act asking a court to order her to disclose all portions of the supplemented or amended autopsy report that do not disclose grand jury materials. And that would include the manner of death and cause of death,” Colorado Public Radio Attorney Steven Zansberg said.
The original autopsy listed McClain’s cause of death as “undetermined.”
CPR’s attorney Steven Zansberg, who also represents FOX31 says it is not clear if the manner of death has been changed.
“She (the coroner) says that the revised autopsy report contains such information and she won’t disclose it,” Zansberg said.
There have been many questions about McClain’s cause of death after he was put in a carotid hold and given ketamine.
An undetermined cause of death case makes it extremely difficult to prosecute a case FOX31’s legal expert George Brauchler said.
“The person she hired to do it came back and said I can’t tell you why Elijah McClain died. If you’re a prosecutor that’s is reasonable doubt. That is the end of your case in my opinion,” Brauchler added.
We reached out to McLain’s mother for her input on the matter.
“Ms. McLain is waiting for guidance from the court on her ability to discuss matters concerning the grand jury and the coroner’s report,” Sheneen McClain’s attorney Siddhartha Rathod said.
Three police officers and two paramedics are facing manslaughter and criminally negligent homicide charges in McClain’s death and are scheduled to appear for an arraignment in November.
FOX31 is told the coroner may have to appear before a judge to explain why the autopsy is being kept confidential.