Denver7 is following the trial for two Aurora officers, Randy Roedema and Jason Rosenblatt who have pleaded not guilty to charges of manslaughter, criminally negligent homicide and second-degree assault in the arrest of Elijah McClain, a 23-year-old massage therapist, encountered police on Aug. 24, 2019 after a person called 911 to report a “sketchy” man walking in Aurora.Police responded and put McClain, who was unarmed and had not committed a crime, into a neck hold.
"We are entitled to a mistrial," Harvey Steinberg, the attorney representing officer Rosenblatt said, stating the supplemental information would have been key to the defense when cross-examining Dr. David Beuther last week."I would have handled him differently in terms of the ketamine process and in terms of his testimony that he believes that Mr. McClain was overdosed,"
Just before the proceedings were haulted until Noon, the Judge admonished prosecutors on the late disclosure of documents and told the People to ensure all documents and witness statements were turned over to the defense within 12 hours of their completion.TUESDAY, SEPTEMBER 26TRIAL RESUMES JUST AFTER 9 A.M. WITH CROSS EXAMINATION OF DR. BEUTHER
Two years later, the question was, what would happen if emergency responders hadn't administered ketamine to McClain, what the consequences would be. Dr. Beuther said he could've changed his opinion, but he said in the supplemental report, he clarified those questions, adding his findings since the preliminary report supported his initial opinions.
"Even with a higher dose than normal, he could've survived if the paramedics intervened?" officer Rosenblatt's defense attorney Harvey Steinberg asked.The prosecution put a finer point on Dr. Beuther's analysis that the ketamine was a primary cause of McClain's death, but not the only thing that contributed to his death.
The court went into recess just after noon to break for lunch and proceedings are expected to resume around 1 p.m.
During cross examination, the defense asked the retired lieutenant about crime statistics, and if he ever provided documents pertaining to those stats, to which Wesner said"no." Attorneys for Rosenblatt then asked if he ever provided the attorney general's office any records indicating whether Rosenblatt failed to complete any trainings. Wesner said he didn't recall seeing documents that Rosenblatt didn't complete any trainings.
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