Re last paragraph in M.E.’s report, hypoxia (low blood oxygen) – I’m not a medical expert, but could not hypoxia result from smothering? Could not heart attack result from smothering?
Convenient for KWPD, no toxicology report due to length of time between admission to hospital and delivery of body to M.E.
Hard for me to ignore M.E. took a job somewhere else, before his report was made public.
This autopsy reminds me, of the autopsy on the pilot of an airplane that crashed on final approach into Bates Field, Mobile, Alabama, in closed in weather. This is a longish story, but perhaps in point.
The pilot was not instrument rated, did not alert the control tower that he was not instrument rated, told the tower he did not have an approach plate, which is a “map” for that field containing vital information for making an instrument approach and landing. Information such as the localizer frequency, without which a pilot cannot even find a runway in socked in weather such as that night at Bates Field.
After being given the localizer frequency by the air traffic controller, who off to the side told his fellow controllers that he had a pilot on final approach who didn’t have an approach plate (unheard of, basically, for an instrument landing), the aircraft then flew into the ground and crashed and broke up, killing the pilot and two passengers. One passenger was his girlfriend and the other was his scuba diving instructor – they were returning from diving on Key Largo. The widow of the scuba diving instructor was my client.
The local M.E., upon examining the pilot’s corpse, found advanced coronary artery disease, and perhaps unable to think of any other reason for the airplane crashing, ruled death of the pilot was due to heart attack. Thus, the airplane crash and the death of the two passengers also was due to the pilot’s heart attack.
In Alabama, a M.E.’s determination of death was, by law, prima facie evidence of cause of death, which could be rebutted in litigation by other evidence of cause of death. It looked to me the cause of death was the airplane crash, secondary to pilot arrogance, since the pilot was not instrument rated and did not tell the air traffic controller, who, having been so advised, would have declared an emergency and told the pilot to maintain wings level and gain altitude and go back up on top and then let the air traffic controller talk the pilot down to the runway.
The kicker was, the recording of the air traffic controller’s conversation with the pilot and with the controllers fellow controllers. The controller’s lament that he had a pilot on final approach without the approach plate was deleted from the recording the Federal Aviation Administration provided to the FAA’s in house lawyer and to the US Attorney co-defending the case.
However, the pilot’s liability insurance carrier had somehow obtained a copy of the entire uncut tape, and had given it to the widow’s lawyer, who then had referred the case to me. The lawyer and I were good friends. His law firm was a prestigious Birmingham firm. It did not do that kind of litigation. It also had gotten all the insurance money for the widow, and the lawsuit was going to be steep and tough.
Even so, we had the FAA in a lie. Plush, Birmingham cardiologist told me there was no way he could imagine the M.E. concluding the cause of the crash was a heart attack. The pilot’s heart was found in a field, ripped out of the body cavity. No telling what that had done to the heart, the cardiologist had said. Plus, the heart most likely had developed ancillary blood vessels, to bypass occluded heard blood vessels, the cardiologist said – it happened all the time. The cardiologist loaned me the book he and all medical student have to master in med school, written by a heart doctor guru.
At the trial, the FAA’s puffed up doctor testified under oath that his opinion was the pilot had suffered a heart attack and that was the cause of the airplane crash (and not the pilot not being instrument rated, and not the air traffic controller not declaring an emergency, because he knew the pilot was not instrument rated, there was no other explanation for the pilot not having an approach plate and waiting until the last moment, on final approach to tell the controller that, and not staying on the localizer).
On cross-examination, I asked the FAA’s doctor (whore) if he had done the autopsy? Well, no. Had he himself seen this heart which had had a heart attack? Well, no. Had he read the heart guru’s book, which all medical students have to read? Well, yes. Did he know that a heart develops ancillary heart blood vessels to counter occluded heart blood vessels? As is stated right here on page such and such in the heart doctor guru’s book? Well, yes. Was he aware of the muscles and body tissues and ribs and sternum through which the pilot’s heart was ripped and deposited on the ground distant from the pilot’s body? Well, yes. Was he aware of the ripping that would have done to the pilot’s heart? Well, yes.
The formerly pious arrogant bastard talking down to the U,S. District Judge and to me now was shrunk down in his seat, peeking at me over the side of the witness stand box, hanging on to the top of it with his fingertips, terror in his eyes. The FAA lawyer and the Assistant US Attorney were slack-jawed and wide-eyed, staring at me. Right about then, the U.S. District Judge announced he was ruling for the Plaintiff on the medical.
Alas, the U.S. District judge disregarded all of the aforementioned evidence and ruled for the Defendant FAA. Bates Field’s radar only indicated the horizontal motion of the aircraft and not the vertical motion. There were radars which indicated both horizontal and vertical, but not at this airfield. The judge said there was no way for the air traffic controller know the aircraft’s altitude, that it was flying into the ground. So, I had not made out my case. Judgment for the FAA.
I tell you truly, that case broke my heart. I, a young lawyer, with no prior experience in any of the fields of expertise, with no significant trial experience, had beaten the FAA and the Assistant US Attorney to a pulp. I had proved the case.
My first expert, a seasoned corporate pilot flying next behind the non-instrument rated pilot, next in order to land at Bates Field, testified at trial, under oath, that he had heard the entire exchange on the radio between the doomed pilot and the air traffic controller, and had told his passengers that the pilot ahead of them was not instrument rated and was attempting an instrument landing.
My other expert, a retired FAA air traffic controller, also himself an instrument-rated private pilot, testified that the air traffic controller knew the doomed pilot was not instrument rated and should have declared an emergency, told the pilot to maintain wings level, and climb, etc.
During the lead up to the trial, the FAA had played games with my retired FAA air traffic controller, who had applied for his instrument rating certification. The FAA wouldn’t approve his instrument rated certificate even though he had passed all their requirements. I filed a motion with the U.S. District Judge about that, and before long my expert had his instrument rating certificate.
As I said, that case broke my heart. I won it. I hope the Eimers case filed by Key West Attorney David Paul Horan has a different outcome in federal court. I hope the U.S. District Judge in the Eimers case does not go looking for a way to let the KWPD off. I hope State Attorney Catherine Vogle and her office and the Grand Jury do not go looking for a way to let the KWPD off.
What killed Charles Eimers was several KWPD officers on top of him, pushing his face down on the sand, causing him to resist mightily trying to breathe, resulting in hypoxia, which left him brain dead, among other ways of dead, secondary to those cops believing he was homeless.
Still more questions than answers. That’s probably why the grand jury is being rushed and known witnesses aren’t being sought out for their statements. To many wrongdoings from start to questionable finish. Makes me wonder how many people have been abused or killed by KWPD that didn’t have a god sent video to blow up the story. Who knows how many people have ” activity fought” and lost.
I did come across an eerie article while doing a web search on E. Hunt Scheuerman, about skeletal remains of a supposed homeless man in a wooded area in KW. Hmm
Florida Statue 406
The following are exerts from FL STATUE 406….
The medical examiner shall conduct, for the purposes of determining the cause of death, examinations and investigations. In addition, the medical examiner shall adhere to all requests made by the State Attorney, in the furtherance of determining the cause of death.
Furthermore, the medical examiner must obtain evidence necessary for forensic examinations.
It appears that the medical examiner’s office, may not have adhered to the law. At the Governor’s insistence, an Inspector General’s examination may find the medical examiner’s office to be disorganized, inefficient and hampered by mismanagement.
Given the nature of the serious allegations surrounding the ‘Eimer’s Killing’ and a subsequent law enforcement cover-up, many are disappointed that our State Attorney has not assumed a leadership role, so that her constituents would receive an authentic FDLE Investigation and Medical Examiner Autopsy Investigation.
Based on specific and detailed evidence provided by “Key West the Newspaper” (TheBluePaper), the integrity and credibility of both investigations are seriously flawed and compromised.
It’s apparent, that from the start the FDLE Investigation violated their own protocols and policies regarding how to conduct a legitimate investigation.
Presenting the findings of these untoward investigations as ‘fact’ to a grand jury constitutes a fraud. The State Attorney is required to present all of the evidence. The State Attorney is required to dutiful make certain that the findings presented to the ‘grand jury’ are extracted from a valid, impartial, and complete examination of all the facts. So far this has not been done. The State Attorney is aware that it has not been done.
There are many credible eyewitnesses, along with crucial testimony and other evidence, which has been left out of the FDLE Investigation. This evidence was not available to the medical examiner when he performed Mr. Eimer’s autopsy.
As in most of these cases, the real crimes often occur during a police department’s attempt to cover-up the event being examined. Again, there is plenty of hard evidence indicating that there may have been serious crimes committed.
In keeping with the oath of office, “The People” of Monroe County are making an appeal to our State Attorney, to immediately launch an independent investigation, examining the details, causes and conduct of all those involved with Mr. Eimer’s death.
In addition, we petition the State Attorney to begin an investigation into all participants who may have engaged in a cover-up of the investigation into this in-custody death. Hard evidence exists that serious crimes may have been committed.
Sloan, sorry to going at you like that. I was just frustrated. No excuse. I know you care a great deal and I just want to say I’m sorry.