Transcript
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Welcome to Courageous Leadership with Travis Yates, where leaders find the insights, advice and encouragement they need to lead courageously.
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Welcome back to the show.
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You're gonna be excited about today's guest.
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I know who I am.
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Graham Judd is a paramedic and an adjunct college professor.
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He's been a program director at the college level and he has over 20 years of experience in various leadership roles.
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He's not a law enforcement guest, but paramedics, first responders.
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They're all dealing with very, very similar issues as law enforcement.
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What brought my attention to Graham was an article he wrote called the Elijah McClain Case, convicting paramedics for following training.
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Graham Judd, how are you doing, sir?
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I'm doing great Travis.
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How are you today?
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Now, Graham, you and I hooked up and you ended up publishing a few articles, and this McClain article was very interesting because, as I told you over the phone, welcome to law enforcement.
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They've been throwing cops or arresting cops, throwing cops in jail for following their training and policy for some time, and now, all of a sudden, it's crossed over to the paramedic world and I just wanted to get your thoughts on when this occurred.
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Was this something that shocked you?
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Was this something that you didn't think would happen, or what were your thoughts when you saw this occur?
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Well, it really shocked me, because the idea that I couldn't go to work today, get arrested tomorrow and never see my daughters again for the next five, 10, 15, 20 years is just absolutely horrifying to me.
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You know, I've been doing this a long time, I'm good at what I do.
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But, travis, I'm a human, just like those two paramedics in Aurora.
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They're human.
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So if somebody makes a mistake, whether it's me or one of my brothers or sisters in EMS, why are we being criminally prosecuted for something that is historically considered malpractice and negligence, for example, historically has been considered a civil issue, right Right?
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I don't understand how in the world someone can criminally prosecute a paramedic simply for going into work and doing what they feel is best for the patient at that time.
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Yeah, we're gonna get in a specific case, because it's gonna get even more outrageous when you hear about the details, because the media and the narrative is not what Graham is gonna tell you about.
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Graham actually read the autopsy, actually read the reports, actually knows what happened versus the media narrative and we'll get into that.
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But before we do, graham, I mean this is a pretty courageous stance.
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I mean I haven't heard a whole lot of people speak up on this issue and there should be right.
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And that was sort of the problem in law enforcement.
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When this began in law enforcement, nobody in the profession spoke up, nobody said what's going on here, nobody said what you just said.
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And that's why I wanted to bring you on, because this is a similar moment in the paramedic world or the medical world, because if this is gonna be the pattern, you need to get involved right now to make sure it's not the pattern, and is that why you're speaking up?
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The goal is to get ahead of the curve here.
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We've seen it in law enforcement over and over and over again.
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When something happens, it's well, it's because of this or it's because of that.
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Every instance that I can think of in recent history where someone has died in law enforcement custody and the law enforcement officers had been prosecuted, no one fails to mention the fact that that all started with the person who died not following a lawful order of a police officer, or that all started with someone who was being combative or fighting with police officers.
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Nobody ever mentions that it's always the law enforcement officer that gets the blame.
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It's the technique the law enforcement officer uses that gets the blame.
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And now in this Aurora case, as I was reading through some of the literature AP and Reuters and things of that nature essentially what happened is the cops involved in this case were acquitted.
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Well, who else is there to go after?
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The only other folks there were the paramedics.
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And that's exactly what happened.
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They wanted to hold somebody accountable for this death and they did, and ultimately it ended up in the prosecution and the conviction of two paramedics on negligent homicide charges.
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And when I was reading through this just there's so much information out there, travis, but when I was reading through it, the initial autopsy of this young man, this young man's death, actually occurred in 2019.
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And the Associated Press reported that social justice protests drew renewed attention to the McLean case, prompting the indictments.
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So the indictments weren't prompted based off what the paramedics did.
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The indictments weren't prompted based off their behavior, not off the negligence or anything like that.
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In fact, when they decided to reopen the case, there wasn't even a civil trial.
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So this wasn't done because law enforcement did anything wrong.
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This wasn't done because paramedics did anything wrong.
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This was 100% a media driven prosecution against two paramedics who were attempting to do their job.
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Yeah, you combine the media and you combine the politics and you throw a little social justice action and then you get this.
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And let me just give everybody the background of where we got here.
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You're right, this occurred in 2019 and there's been a lot of lies being said.
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And I want you to notice the pattern here because it happens in law enforcement.
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The pattern is an incident occurs, people lie about it, the media lies about it, they get everybody stirred up and then it's almost it's too late because nobody in the front is telling the truth.
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Well, here's the truth Officers in a war get a call of a suspicious subject wearing a full face ski mask, waving his arms wildly.
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Now this is August in Aurora it's safe to say that wearing full I'm talking full face ski mask with just eye holes.
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Right, it's pretty odd and that's a legitimate.
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Now I want to call some citizens.
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Sees that and goes this is weird.
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They call the police.
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Now this is where a lot of number one comes in, because the big lie the media told you is the police had no reason to stop him.
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Illegal stop, completely a lie.
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Obviously they have a reason to stop him and they do.
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Once they stop him, he becomes combative, he resist.
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Nobody talks about this.
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The officers get him under control.
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They have to use a vascular neck restraint or carotid artery hold to do that.
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The paramedics show up.
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He's completely out of control.
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Still, they court of, size him up on the weight.
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They see his behavior and they do what they've done.
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Up 10 times before they shot him with ketamine and the ketamine dosage, if you were in a hospital, setting by weight, was up to like 425.
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And I forget what the M or the L's are, but up to 425, they ended up shooting him with 500 from their experience and training and it worked.
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But unfortunately he dies and they actually.
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He died a couple of days later, I think.
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He went and some.
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He had a couple of heart attacks later on that day and so obviously this goes to the autopsy.
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The autopsy comes back.
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We don't know how he died, which is the truth.
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Right Law enforcement medical professionals.
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They deal with an unhealthy population.
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This kid had actually had an LSD episode two years prior to this and was hospitalized for manic behavior with the LSD overdose.
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So this is something for some reason this had happened in the past and it happened on this day as well.
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The difference was there were cops and paramedics around him when it happened this time.
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Last time there wasn't.
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So the autopsy comes back and the coroner says I don't know how he died.
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He does address the vascular neck restraint and said, yeah, this happened because, remember, you gotta remember after George Floyd, anytime you touch someone's neck, graham, it became some serious attempted murder charge, right, and obviously that's ridiculous.
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Nobody's ever been hurt seriously or died from a vascular neck restraint, including the up 10,000 people in the gym at lunchtime as I speak, doing it right now, and then including the UFC that you watch on the weekend.
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So it's ridiculous.
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But once again, law enforcement has left this narrative play out and so they came after law enforcement.
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They make no mistake, this wasn't about the paramedics.
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It ended up being about the paramedics, but they did not like the vascular neck restraint.
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Well, the coroner didn't help them.
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His coroner said that that's not what killed him and so this case went away, which is what should have happened, because nobody killed him.
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George Floyd happens in 2020, the very next year.
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If they what you just said, graham, this case comes back up.
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The coroner actually amends his report to enable the prosecution of them.
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He basically said something in the effect of that.
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Police restrained him, paramedics used ketamine and that was somewhat the cause of his death.
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He did.
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He did ask VNR.
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They wanted him to say the officers killed him using the VNR.
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But he at least had some assemblance of ethics, you know which.
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I got a question.
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Anyway, you already did one autopsy.
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Now you're changing it based on pressure.
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And he said, yeah, the VNR did happen, but literature says that this likely didn't kill him and plus, it's very popular in the martial arts.
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So he sort of put that to bed.
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So the officers really came.
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The officers were ended up being acquitted, but that's not what I think they wanted, and then that left the paramedics, as you said, with the ketamine.
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Now the autopsy is important because the coroner could change what he said in the autopsy, graham, but he can't change what's in someone's body.
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So explain to me why that charge on the ketamine is so ridiculous.
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It's beyond laughable and it's just crazy what's happening, to sit here and talk about these individuals in prison right now.
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So I want to get into the dosage, I want to get into the medication, I want to get into the overdose Real quick, though I want to get into the timeline, and you've laid this out perfectly in terms of what happened and how it happened.
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But the timeline is very important because this event took place at some point over the summer of 2019, right?
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So this is pre-COVID, this is pre-George Floyd, this is pre anything that's going to get attention, really.
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So in November of 2019, the district attorney declined to press charges on this.
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It wasn't until July of 2020, almost a full year after the incident took place.
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Now, I believe in 2019, they had some elections.
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They got a new mayor, they got a new city council.
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The NAACP got involved and started working with the city council.
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So there was some political pressure and things like that.
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The George Floyd case happened.
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I believe that was May of 2020.
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It was July of 2020, during that time, when there was just turmoil, where there was animus, when there was a lot of pushback on law enforcement just a really, really bad time in our history that they reopened this case.
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Now, it wasn't until August of 2020 that the family finally decides they're gonna file a lawsuit.
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Now, they didn't file a lawsuit against the police department and they didn't file a lawsuit against the paramedics and they didn't file a lawsuit against the officer because they didn't have a lawsuit.
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And they didn't have a lawsuit because the autopsy said, hey, this is an undetermined cause of death.
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Well, the autopsy so that was when the lawsuit was filed.
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The autopsy was revisited and amended on July 15th of 2021.
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This is almost two full years after the initial autopsy.
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Now, it's not like they went and dug Elijah McLean up out of the ground and reassessed the body or anything like that.
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They pencil with.
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It is what happened, and they pencil with it because of the political climate in the summer of 2020, and because of the lawsuit that was filed against the city.
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And it wasn't until September of 2021 that they actually indicted the officers and indicted the fire department, the paramedics, and essentially what they indicted the paramedics for is the amended autopsy report said something to the effect of acute ketamine toxicity, or something the medical examiner said I believe this tragic fatality is the result of ketamine toxicity.
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Now, when you look at that and you hear that one statement in and of itself, it sounds like, well, you know the ketamine probably killed.
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So let me stop you for a minute, graham, because I'm about to lose my mind.
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So he doesn't dig a body up, he doesn't take blood again, he doesn't do anything other than take a look at the original document and wordsmith it and change it.
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So his opinion changed, apparently two years later.
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Now can you imagine if a law enforcement officer did that Like three years?
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Two years later, you're about to go to trial.
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No, you know, wait a minute.
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I know that original report.
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I know my original statement said this, but no, now I think it's this.
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Nobody on this planet would let them get away with that and we are permitting this to occur in this country.
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And, by the way, the reason we're talking about it is this isn't just for law enforcement.
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It's been happening there for a while.
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It's not just gonna be for paramedics.
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It's now there.
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What's next?
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You're accountant, you're lawyer, you're a medical doctor.
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That's actually the third leading cause of death in America.
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They call them medical mistakes or those now crimes.
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This opens up Pandora's box that nobody's talking about.
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We got people of court is cheering, okay, somebody's held accountable.
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That's justice, folks.
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This is not justice.
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This is a travesty of what's going on in our country.
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Thank God we have people like you, graham, that are speaking up, because I see no one else speaking up.
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That is what is mind numbing to me.
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That's what courage leadership is about.
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It doesn't matter what the narrative says, doesn't matter what the media says, doesn't matter that you're gonna get canceled if you say it.
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What matters is what's right and what's true.
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And you tell me ketamine toxicity.
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How does that change?
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In two years?
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His blood didn't change.
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What the results of his blood work didn't change.
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How do you come up with that?
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Well and that's the interesting thing about that Is the amended report.
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He makes two statements that I believe the prosecution really held onto.
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One was that he believes it was a tragic fatality resulting in ketamine toxicity and the other is that had the patient not been administered ketamine, he likely would have recovered.
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Now that sounds good from the prosecution standpoint.
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But he also says I cannot rule out that other metabolic abnormalities contributed to his death.
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He can't say that they did, but he can't say that they didn't.
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So he reiterates his initial findings in his report I still contend that the appropriate manner of death is undetermined.
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So he doubles down on the undetermined part.
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Even though he's pencil whipped and thrown whatever language in there that the district attorney's office wanted, he still doubles down and says I think it's undetermined.
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Well, now the prosecution at least has something they can move on.
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They're getting sued by the family and they're gonna try and hold somebody accountable to make it look like they're doing the right thing, when the fact of the matter is the medical examiner's initial report that undetermined.
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His amended report still says undetermined.
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And then there's some really interesting facts in the autopsy report and you gotta read beyond the headlines to get this stuff right and some of this stuff is.
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You know, it's medical terminology, it's medical language.
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Not everybody is very well versed in this.
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But there were other complications.
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For example, his ejection fraction, which basically means the amount of blood that he's pumping out of his heart, is only 25%.
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The average ejection fraction is 52 to 72%, which means his ejection fraction, the amount of blood that his heart pumps out in a minute, is 50 to 65% lower than the general population.
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Well then they went in and they measure his left anterior descending artery.
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It's a coronary artery.
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His measured one to two millimeters in width at the widest point.
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The average left anterior descending coronary artery measures 3.7 millimeters, which means, again, his heart is 50 to, or the arteries in his heart are 50 to 75% smaller than the average person's.
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They note that the left anterior coronary artery is atrophic, which means it has retracted, it shrunk, it's small.
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So there's some things in here that when you have a little bit of medical knowledge you go.
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Well, wait a minute, this could have been a contributing factor.
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We don't know.
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We don't know that it was a contributing factor, but we know that his heart's not normal.
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Then we read a little bit farther and evidently during this tussle, he vomited and he actually breathed those contents, the vomit, back down into his lungs.
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Well, your lungs are supposed to house air, they're not supposed to house anything else.
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So we look at his brain and they note what is called anoxic encephalopathy.
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In other words, anoxic means without oxygen.
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So he's got brain damage, and he's got brain damage from lack of oxygen.
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But we don't even know when that occurred, right.
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So in the public domain we don't have access to the patient care report.
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So we don't know whether or not they used a bag valve mask to provide oxygen to the young man.
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We don't know if they intubated the young man in the field.
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We don't know if they waited until they got to the hospital to put in an advanced airway.
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We don't know any of that stuff.
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That's not told.
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But we do know that if your brain doesn't have oxygen you die.
00:20:10.906 --> 00:20:14.512
So you've got an anoxic brain injury.
00:20:14.512 --> 00:20:16.630
Who knows when that occurred?
00:20:16.630 --> 00:20:18.589
You've got a bad heart.
00:20:18.589 --> 00:20:24.718
You've got vomit or emesis aspirated into the lungs.
00:20:25.805 --> 00:20:30.217
And then we've got some research on ketamine.
00:20:30.217 --> 00:20:40.476
The research on the ketamine shows that the therapeutic range in the blood is 1.0 to 6.3 milligrams per liter.
00:20:40.476 --> 00:20:43.094
That's the therapeutic range.
00:20:43.094 --> 00:20:52.384
The autopsy results showed that Mr McLean's ketamine level was 1.4 milligrams per liter.
00:20:52.384 --> 00:20:55.525
He was well within the therapeutic range.
00:20:55.525 --> 00:21:00.805
If anything, he was on the very low end of the therapeutic range.
00:21:02.230 --> 00:21:06.762
And people are asking well, how long was this blood drawn after he died, whatever, whatever.
00:21:06.762 --> 00:21:25.459
There was no indication in the autopsy that the blood was drawn post-mortem, which means that when they got in and they were doing his initial lab at the hospital, they likely drew the blood at that time and did the toxicology at that time, which would have been within an hour or two of Mr McLean getting to the hospital.
00:21:25.459 --> 00:21:29.765
So within an hour or two of getting to the hospital.
00:21:29.765 --> 00:21:34.805
He is well within the therapeutic range for the ketamine.
00:21:34.805 --> 00:21:39.259
Now there's some argument about the initial dose.
00:21:39.259 --> 00:21:47.219
They say well, the the firefighter allegedly administered 500 milligrams ketamine For his body weight.
00:21:47.219 --> 00:21:58.303
500 is a little bit high, but when you look at the blood, when you look at the serum and plasma levels, it was therapeutic all day long.
00:21:58.482 --> 00:22:09.989
Well, and also, graham, we don't hold first responders that are showing up on the dynamic scene to the same standards of a hospital setting, where you know people's exact weight.
00:22:09.989 --> 00:22:23.685
So they took a look at him, saw his behavior and they made a judgment call Right in the, in the heat of this, which is exactly what the fire chief said, because he, the fire chief in the war, actually said after that they were convicted that they were convicted for doing their job.
00:22:23.685 --> 00:22:34.021
They follow policy and follow training, and the fact that there's not an outrage across all first responders Is very worrisome, because what you described is the absolute truth.
00:22:34.021 --> 00:22:37.910
And and they've made ketamine sound like some evil monster drug.