Death of Malice Green

Jiraki concluded that the death was caused by blunt force trauma, which caused swelling of the brain. Jiraki testified in Budzyn and Nevers' trial that the damage was done by "fourteen blunt force trauma blows to the head." He stated that his boss, Dr. Bader Cassin, agreed that Green’s drug consumption was as "insignificant as the color of his eyes" in relation to the cause of death.

However, under cross-examination, Jiraki testified that there was no swelling noted in the report, nor any fractures to the skull. In the trial of Sgt. Douglas, Jiraki reduced the number of blows to seven (which fit with Nevers’ testimony). And, at Nevers' second trial, Dr. Cassin testified that he examined the body the day after Dr. Jiraki made his examination (this second exam was never disclosed to the defense prior to, or during, the first trial) and that drugs played a major part in Green's death.

Dr. Jiraki's testimony was supported by the prosecution's paid medical expert Dr. Michael Baden. After the trial, Baden allegedly told a pathologist’s conference that he came to his conclusion based on information surrounding the circumstances of Green’s death and the facts in the exam.

Budzyn and Nevers' defense presented three experts, one of whom stipulated that they identified eleven blunt-force injuries to Green's head. However, they testified that Green’s head injuries were entirely "superficial" and "could not have caused his death." They noted that Green had no fractures, no significant bleeding or bruising of the brain, and no swelling of the brain. It was their opinion that Green died as a result of cocaine and alcohol abuse, combined with his physical struggle with police as he resisted arrest, and the minor head injuries. They stated that these things, in combination, caused a surge of adrenaline which overloaded the electrical circuits in Green’s brain resulting in brain seizure, respiratory failure, cardiac arrest and death.

In 2007, Larry Nevers wrote a self-published book titled Good Cops, Bad Verdict. He died in February 2013.

On July 31, 1997, the Michigan Supreme Court granted a new trial for Walter Budzyn, mostly on the grounds of showing the movie Malcolm X (the movie's opening scenes show video of the Rodney King incident) to sequestered Jury members while they waited to begin deliberating. It was learned that a political appointee of Mayor Young had made it onto the Jury and she was instrumental in showing the movie to jury members. Budzyn was immediately released from prison. He was retried, and on March 19, 1998, he was again found guilty of involuntary manslaughter, and in January 1999 the Michigan Court of Appeals reinstated his four-year prison sentence. He had already served the minimum under the first conviction, and was released.

Larry Nevers' 1997 appeal to the Michigan Supreme Court was denied. However, he was successful on his appeal to a federal court, which overturned the verdict in 1999. It cited the showing of Malcolm X as well as jury members' hearing of preparations in case of riots should the officers be acquitted. This decision was appealed to the U.S. Supreme Court, which let it stand. Nevers was convicted of involuntary manslaughter in May 2000. He was sentenced to 7–15 years in prison. In March 2003 this conviction was overturned by the Michigan Court of Appeals, but in September 2003, the Michigan Supreme Court upheld that conviction. In April 2005, Nevers lost a bid to appeal the conviction in federal court. During this process Nevers was treated for lung cancer, and was released in 2001 to serve the rest of his sentence at home.

Officers Nevers, Budzyn, Robert Lessnau, and Freddie Douglas were charged in the death. Ultimately, charges against Sgt. Douglas were dropped, and Lessnau was acquitted of assault. On August 23, 1993, the jury found Budzyn and Nevers guilty of second degree murder. Two months later, Nevers was sentenced to serve 12 to 25 years in prison and Budzyn was sentenced to serve a lighter sentence of 8 to 18 years in prison.

Green was black and the two officers were white and decorated (though with a history of excessive force complaints). The incident occurred only months after the Los Angeles riots of 1992, which protested the acquittal of police officers in the videotaped beating of Rodney King.

Malice Green (April 29, 1957 – November 5, 1992) was a resident of Detroit, Michigan who died after being assaulted by Detroit police officers Walter Budzyn and Larry Nevers on November 5, 1992. Both officers were later convicted for Green's death. The official cause of death was ruled to be due to blunt force trauma to his head.