Police union says seizure disorder caused Jim Rogers’ death, City of Pittsburgh responds to reports

PITTSBURGH — After a series of reports by 11 Investigates raised questions about the $8 million wrongful death lawsuit in the death of Jim Rogers, the city held a news conference Wednesday morning to address some of the reports.

11 Investigates also learned new information about the death of Jim Rogers.

>> 11 Investigates Exclusive: City of Pittsburgh hires renowned doctor to review high profile case

The city solicitor said that the expert medical witness for the police union contends that Rogers died from a seizure disorder and that the four officers’ actions did not contribute to or cause his death.

Chief Investigator Rick Earle has covered this story from the beginning, and he has broken new information along the way.

Earle reported just last week that the city had hired renowned forensic pathologist, Dr. Bennet Omalu, to review the case, even after the city had settled the wrongful death lawsuit with the family of Jim Rogers, and two of the four fired officers have already been reinstated by the city.

Omalu, while working in the Allegheny County Medical Examiner’s office was the first to link traumatic brain disease to football players. The Hollywood movie ‘Concussion’ starring Will Smith is based on his discovery.

Earle also broke the story that Omalu had previously been hired by attorney Todd Hollis as an expert witness for $5,000 in the wrongful death lawsuit filed against the city.

Earle also first reported that Omalu owes more than $240,000 in back property taxes to Allegheny County for a building he purchased in Clairton.

At a news conference Wednesday morning, the city solicitor defended the firing of the four officers, the record-setting settlement and the hiring of Dr. Omalu.

“We believed at the beginning that the officers caused the death of Mr. Rogers,” said city solicitor Krysia Kubiak.

Even though no criminal charges were ever filed against any of the police officers,  the medical examiner ruled the death accidental, and now an expert witness for the police union contends Rogers died from a seizure disorder.

“We still believe that the actions of the officers that day caused the death of Mr. Rogers,” Kubiak said multiple times.

“To put it plainly, Mr. Rogers would still be alive today if it were not for the actions of the officers that day,” Maria Montano, Mayor Ed Gainey’s communication director, said.

A county-wide grand jury heard testimony in the case, but no officers were ever charged.

The solicitor also confirmed what Earle first reported last week, that the city paid $10,0000 to Omalu to review the case.

The solicitor said she hired Omalu only after learning in September that the police union planned to contest the cause of death for an arbitration hearing for two officers attempting to get their jobs back.

Earle also first reported last week that Omalu was already paid $5,000 as an expert witness against the city in the Rogers’ wrongful death lawsuit that the city settled.

While some city officials have expressed concern about that agreement, the solicitor said it is not a conflict, but a benefit.

“It’s actually a benefit that Mr. Omalu was involved in that prior case because we knew he was already familiar with the medical records,” said Kubiak.

The solicitor also addressed our exclusive reports that revealed Omalu owes more than $240,000 in back taxes to Allegheny County.

Kubiak said she was unaware of that, and she looked into it after our report.

She said that does not disqualify him as a witness for the city because Omalu doesn’t owe back taxes to the city.

Omalu told 11 Investigates he purchased that building to build a health center in an underserved community, but the project was sabotaged and he thought his attorneys sold the property years ago.

The county real estate website still lists a limited partnership as the owner with the tax bills going directly to Omalu, who now lives in California.

Kubiak declined to discuss Omalu’s statement that the medical examiner and the police union are engaging in a cover-up.

“I think the city rushed to judgment here before gathering all the evidence,” said Bob Swartzwelder, president of the Pittsburgh police officers’ union.

Two of the four fired officers have already been reinstated and Swartzwelder, who attended the news conference, said he’s confident the others will be back soon.

“One-hundred percent confident that they’ll return to the force.  I believe the evidence will demonstrate that this was an unfortunate death and that the officers did not, where we differ from the solicitor, contribute to his death,” said Swartzwelder.

Two of the fired officers are still awaiting their arbitration hearings, including Keith Edmonds, who is seen on cell phone video repeatedly tasing Rogers.

The city has said that the officers were fired for excessive force, failing to get Rogers medical aid and violating bureau procedures and regulations.

The solicitor said today that she first began looking into the settlement agreement last month after a call from city council president Theresa Kail Smith, who said heard from city residents who expressed concern about the settlement agreement.

The solicitor said she discovered that the estate of Jim Rogers failed to file all of the proper paperwork with Orphan’s courts and failed to notify the state about the settlement.

>> $8M settlement on hold, new questions arise about renowned doctor hired to review high-profile case

Kubiak said she has filed a motion to put the first $2 million payout on hold until all of that is completed.

Council President Smith also sent an email to city controller Michael Lamb to stop the payments until she gets more answers about the case.

Controller Lamb said he had not made any payments as of yet.

Council unanimously approved the settlement a couple of months ago, after meeting with the solicitor to discuss the agreement.

The city is scheduled to pay out $2 million this year and $3 million in 2024 and 2025, for a total of $8 million.

Rogers’ daughter, whom some family members told 11 Investigates they didn’t even know about, is set to get $3.9 million.

Attorney Todd Hollis, who filed the lawsuit, will get $2.7 million and the estate of Jim Rogers will receive $1.3 million.

Hollis attended the news conference but he declined to comment on the case.

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