Thursday, March 27, 2025

Tre Kenneth Clay: Vacaville, California; Shake baby syndrome: The preliminary hearing continues as prosecutors seek to retry this 'shaken baby syndrome' case, The Vacaville Reporter (Reporter Richard Bammer) reports, noting that, Judge John B. Ellis on March 3 dismissed an earlier case against Tre Kenneth Clay, who was charged with the killing of his 2-month-old son, and two days later the Solano County District Attorney’s Office refiled it."…"Since May 5, Clay’s defense attorney, Jeannette Garcia, a former deputy public defender, filed several motions in the new case, among them excluding lab results and some expert testimony, and suppression of alleged statements by the defendant. On Tuesday, a medical expert, via a Zoom appearance, testified that shaking can lead to the death of a baby, adding, “There’s no accidental shaking.”


PASSAGE OF THE DAY: "Court records indicate that Clay was to face a jury trial earlier this month, when Deputy District Attorney Elaine Kuo made a motion to continue.

But Garcia objected, and Ellis did “not find good cause,” court records indicated, and he denied Kuo’s motion. He then vacated the jury trial, ordering Clay released, pending any holds, after the defendant spent more than four years in county custody. However, with the re-filed charge, he remains without bail in the Stanton Correctional Facility in Fairfield. Clay entered a not-guilty plea to the new felony charge, court records show. A murder charge against him had been dropped."

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STORY: "Bay Area DA seeks to retry 2021 ‘shaken baby’ case," by Reporter Richard Bammer, published by The Vacaville Reporter, on March 26, 2015.


GIST: Vacaville: Day 4 of a preliminary hearing continues Wednesday in Solano County Superior Court in the case of a 27-year-old Rio Vista man accused of the January 2021 serious injury of his infant son resulting in death.

Judge John B. Ellis on March 3 dismissed an earlier case against Tre Kenneth Clay, who was charged with the killing of his 2-month-old son, and two days later the Solano County District Attorney’s Office refiled it and the new case it is being heard in Department 23.

Since May 5, Clay’s defense attorney, Jeannette Garcia, a former deputy public defender, filed several motions in the new case, among them excluding lab results and some expert testimony, and suppression of alleged statements by the defendant.

On Tuesday, a medical expert, via a Zoom appearance, testified that shaking can lead to the death of a baby, adding, “There’s no accidental shaking.”

The hearing continues at 8:30 a.m. in the Justice Building in Vallejo.

Court records indicate that Clay was to face a jury trial earlier this month, when Deputy District Attorney Elaine Kuo made a motion to continue.

But Garcia objected, and Ellis did “not find good cause,” court records indicated, and he denied Kuo’s motion. He then vacated the jury trial, ordering Clay released, pending any holds, after the defendant spent more than four years in county custody. However, with the re-filed charge, he remains without bail in the Stanton Correctional Facility in Fairfield.

Clay entered a not-guilty plea to the new felony charge, court records show. A murder charge against him had been dropped.

As previously reported, court records show that Clay was taken into custody by Solano County Sheriff investigators without incident on Jan. 23, 2021, at his Fourth Street apartment. The Solano County District Attorney’s Office filed its original complaint on Jan. 26, and he faced jail arraignment three days later.

He was suspected of severely injuring the infant, who later died at an East Bay hospital. Clay was booked into Solano County Jail on a Ramey warrant, an arrest order issued by a judge before the prosecutor has filed formal charges.

According to a press release issued at the time by the Rio Vista Police Department, officers received a call during the evening of Jan. 18 about an infant with “suspicious injuries” who had been taken to Kaiser Permanente Antioch Medical Center.

Rio Vista officers began an investigation and immediately requested the help of Solano County Sheriff’s detectives.

Shortly after arriving at Kaiser Antioch, the infant was taken by ambulance to UCSF Oakland Children’s Hospital. Sheriff’s detectives responded to both hospitals and were told the infant had died from his injuries.

The detectives continued their interviews and evidence collection at both hospitals. A search warrant was obtained for the Fourth Street apartment, where investigators believe the infant suffered life-ending injuries. The detectives and crime scene investigators processed the scene and collected evidence, according to the press statement.

During the following days, more interviews were conducted, camera footage reviewed, evidence processed, an autopsy performed and behavioral experts consulted, which led to the arrest warrant for Clay, according to police."


False Confessions: Amanda Knox, the author of “Free: My Search for Meaning,” calls for a ban on police lying to suspects during interrogation - and vows to continue to fight for changes to interrogationtactics, Kristin Crowley, Jason Crow, Owen Hornstein and Lance Washington report on Investigation TV, in a commentary sub-headed, 'Confessing to a crime you didn’t commit seems unthinkable, but growing research shows it does happen.'…“It was the worst experience of my life, and no one should ever have to go through what I went through,” Knox said. But she wasn’t talking about standing trial for murder or the jury’s guilty verdict. She wasn’t even talking about the four years she spent in an Italian prison. For Knox, the worst experience of her life started at the beginning of the ordeal: The police interrogation. “Every time I asserted I was at my boyfriend’s house, I did not go out that night, they said, ‘no you didn’t,‘” Knox said. The interrogation went on for more than 50 hours over five days. Amanda vehemently denied she had anything to do with her roommate’s murder. But she said one thing changed everything: When the police lied.'


PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’ As  all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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PASSAGE OF THE DAY: "Amanda falsely confessed to the crime, something the Innocence Project says happens far more often than people realize. The group reports, that of the cases it tracks, almost 30% of people exonerated of a crime by DNA gave a false confession to police. But why would someone confess to a crime he or she didn’t commit? “What universally those who are falsely confessed will tell us is that they felt that they had no choice,” said Lara Zarowsky with the Washington Innocence Project. Zarowsky is the group’s executive director. She said in Washington state, 12 of the 57 people her chapter has helped exonerate gave false confessions to police. She said the problem starts in the interrogation room with police deception. “This is probably the most shocking for those who are not familiar with the criminal legal system. If you ask any defense attorney, like, yeah, of course they can lie to you in there. The average citizen is shocked,” Zarowsky said."

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PASSAGE TWO OF THE DAY: "Criticism has grown against the Reid Technique in recent years. An article published on the FBI’s website said Reid Technique-trained investigators are sometimes “…unaware of the psychological impact of their approach, as well as their own potential biases.” A number of other researchers including Professor Saul Kassin, Richard A. Leo, Timothy E. Moore and C. Lindsay Fitzsimmons all call the technique “guilt presumptive.” But that criticism hasn’t changed the fact that departments all over the country sign up for Reid training. The group’s website shows upcoming sessions from Missouri to Hawaii—Louisiana to Texas and Michigan—among dozens of others."

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STORY: "Amanda Knox calls for ban on police lying to suspects during interrogation, by  Kristin Crowley, Jason Crow, Owen Hornstein and Lance Washington, published by Investigation TV, on March 24, 2025.

SUB-HEADING: "The author of “Free: My Search for Meaning” says she will continue to fight for change to interrogation tactics."


SUB-HEADING: "Confessing to a crime you didn’t commit seems unthinkable, but growing research shows it does happen (Video: Jason Crow, Owen Hornstein, Lance Washington)."


By Kristin Crowley, Jason Crow, Owen Hornstein and Lance Washington

Published: Mar. 24, 2025 at 2:18 PM EDT|Updated: 6 hours ago


GIST: "Confessing to a crime you didn’t commit seems unthinkable, but growing research and real-life examples show it does happen.

Chances are you’ll recognize the name of one woman it happened to: Amanda Knox.

Her face was plastered on every news station, in magazines and in newspapers. Seemingly overnight, Amanda Knox went from a life of obscurity to one of infamy.

In 2007, while studying abroad in Italy, the then 20-year-old was accused of taking part in the rape and murder of her roommate, Meredith Kircher. It was a crime she didn’t commit, and it would take years before she would prove she was innocent.

“It was the worst experience of my life, and no one should ever have to go through what I went through,” Knox said.

But she wasn’t talking about standing trial for murder or the jury’s guilty verdict. She wasn’t even talking about the four years she spent in an Italian prison. For Knox, the worst experience of her life started at the beginning of the ordeal: The police interrogation.

“Every time I asserted I was at my boyfriend’s house, I did not go out that night, they said, ‘no you didn’t,‘” Knox said.

The interrogation went on for more than 50 hours over five days. Amanda vehemently denied she had anything to do with her roommate’s murder. But she said one thing changed everything: When the police lied. 

“So, they’re telling me new information. ‘We know you were at your house. We have irrefutable proof.’ And now I’m put in a position of trying to make sense of that. That doesn’t make any sense to me. I have no memory of being at my house,” Knox said.

Knox said she started doubting her own memories. Her self-doubt became so strong that when the police typed up a confession, she signed it.

“I just did exactly what the police told me to do. I was exhausted, I was confused, I didn’t know even really what I was signing,” she said.

A U.S. Supreme Court ruling in 1969 said deception by police was allowed, but experts say that was before there was data showing it can lead to false confessions.

“We know one of the top contributors to false or unreliable confessions is the use of the false evidence ploy of lying about evidence,” said David Thompson, a certified forensic interviewer with Wicklander-Zulawski and Associates, who trains police all over the country on interrogation practices. 

“So, they can say, ‘we have your fingerprints on the gun,’ or ‘we have video surveillance of you starting that fire,‘” Thompson said. “It has a lot of power to maybe convince people to confess, maybe guilty people. It also causes maybe innocent people to have memory distrust and think, ‘Well, maybe I did do that.‘”

Thompson said new research has led his firm to change its teachings and get away from deception.

“The research has also found that more evidence-based techniques of being open and transparent will get you more reliable information, which in fact helps you close out cases more effectively and more accurately,” Thompson said.

In all of the exoneration cases Zarowsky’s group helped with that involved police deception, she said none had a recorded interrogation. But InvestigateTV+ found an example of police deception during a 2018 interrogation in Fontana, California.

“That’s what scares me, is like, that what they’re saying to me isn’t real,” said Thomas Perez during an interrogation. He was brought in for questioning by police after reporting his father missing. During the interrogation, police dropped a bombshell.

“We just told you we found your dead dad. And you don’t give a f***,” one officer exclaimed.

Five hours into the interrogation, Thomas Perez started confessing.

“What about the scissors?” police asked him.

“That’s possible,” Perez responded.

“Did you stab him?” police asked.

“I didn’t think that I did,” Perez said.


‘How many times?” detectives later pressed.

“One,” Perez says, almost questioningly.

But Perez didn’t kill his father. No one did. His father was alive. Perez confessed to a crime that didn’t even happen.

Thompson said police all across the country use the same tactics or techniques because they’re what have been taught for decades.

One of the most well-known, widely-used strategies for interrogation practices is the Reid Technique. It was developed in the 1970s by John Reid, a former police officer. 

“The Reid Technique is the most effective way to develop a guilty person’s frame of mind where they decide to tell the truth about what they’ve done,” said Joe Buckley, President of John Reid and Associates.

The interrogation portion of the Reid Technique follows nine steps. Step three, called handling denials, is where it says investigators can respond by introducing evidence of a suspect’s guilt, real or not, though it says almost always it will be “actual evidence.”

The company goes on to state on its website, “it is not accurate to portray the Reid Technique as being centered around incriminating evidence, real or fictitious.” 

Criticism has grown against the Reid Technique in recent years. An article published on the FBI’s website said Reid Technique-trained investigators are sometimes “…unaware of the psychological impact of their approach, as well as their own potential biases.”

A number of other researchers including Professor Saul Kassin, Richard A. Leo, Timothy E. Moore and C. Lindsay Fitzsimmons all call the technique “guilt presumptive.”

But that criticism hasn’t changed the fact that departments all over the country sign up for Reid training. The group’s website shows upcoming sessions from Missouri to Hawaii—Louisiana to Texas and Michigan—among dozens of others.

Buckley says the criticism against Reid isn’t warranted because he argues it’s when investigators don’t follow Reid’s guidelines that they run into problems.

“In terms of it being guilt-presumptive, we interrogate people who we believe, based on the evidence of the case, committed the crime. We don’t interrogate people who we think are innocent. That would be ridiculous,” Buckley said.

When asked if that should change given the fact that there’s proof innocent people do end up in interrogation rooms and do confess to crimes they didn’t commit, Buckley responded, “Well, when you look at the circumstances, it’s not the guilt presumptive, it’s the what the investigators do. When you interrogate somebody for 17 hours and then the person confesses, the reliability of that confession is minimal at best.” 

Buckley said Reid are guided by the fact courts continue to accept confessions made using their methods, not the social psychologists who criticize it.

“We’ve had plenty of social psychologists tell us what we should do or not do, there’s no question about that. And most of what they suggest we reject,” he said.

Some experts say Reid alone cannot be blamed for the tactics police use that lead to false confessions. And in the case of Thomas Perez who confessed to a killing that never happened, the Fontana Police Department said it has no records of dealing with Reid and Associates.

Zarowsky said she’s seen examples from departments all over the country that are using deception in interrogations and has never heard of the Reid technique. “And so, we’re not just talking about a formal policy that needs to change. It really needs to get deeper into the culture of law enforcement departments,” Zarowsky said. 

For the past four years, Zarowsky has tried to get a law passed in Washington state to eliminate deception by police and change the culture with new, alternative training. Amanda Knox has joined that fight 

“I believe if I had not been lied to by police, none of this would have ever happened,” Knox said before a legislative committee on the topic in Olympia, WA.

The bill has never made it to the floor for a vote, in part because it doesn’t have support from the people directly affected by it: Police 

“Sometimes the use of deception is required to locate the truth - both to convict and to exonerate people,” said James McMann at that same committee hearing. McMann is the policy director for the Washington Association of Sheriffs and Police Chiefs.

Some states have passed legislation barring police from lying to juveniles. But the proposed legislation in Washington state would be the first to make it apply to adults.

Knox said that’s crucial, especially considering she was an adult when she made her false confession.

“We can do better, we know how to do better, and I will keep fighting until it is done,” Knox said.

Other countries have moved away from using interrogations to get confessions to instead using them to find more information. It’s called the PEACE Technique. It’s a 5-step approach where “interviewers are encouraged to be fair and open-minded and to pursue reliable, true and accurate information.” Some experts say it’s as effective as the Reid Technique in getting confessions from the guilty. 

The legislation proposed in Washington state will be proposed again next year in the 2026 session. That will be its fifth attempt at becoming law."

The entire commentary can be read at: 

https://www.investigatetv.com/2025/03/24/amanda-knox-calls-ban-police-lying-suspects-during-interrogation/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;

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Wednesday, March 26, 2025

Areli Escobar: Texas: Major (Unwelcome) Development: Bulletin: (Testing by shuttered DNA testing lab); The U.S. Supreme Court has rejected the death row occupant's appeal over DNA evidence, noting that the case centers on his claim that DNA analysis was carried out by a laboratory that was later closed down following a string of errors," NBC News, Reporter Lawrence Hurley) reports…"The justices turned away the appeal brought by Areli Escobar, who was convicted of the 2009 murder of 17-year-old Bianca Maldonado. In a twist, prosecutors had agreed that the evidence was faulty and that a new trial was appropriate. The case bears some similarity to one the court recently decided in favor of Oklahoma death row inmate Richard Glossip. In both cases, prosecutors have admitted fault, but state courts nevertheless ruled against the defendants. The Supreme Court ultimately threw out Glossip’s conviction."



PASSAGE OF THE DAY: "Prosecutors heavily relied on DNA evidence analyzed by the Austin Police Department’s laboratory, as well as a private laboratory.

The police laboratory was later closed down after a state investigation showed evidence of widespread errors and bias. In 2020, a state judge ruled that Escobar had suffered a due process violation as a result of "scientifically unreliable" evidence and deserved a new trial."

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PASSAGE TWO OF THE DAY: "Escobar's lawyers said the appeals court's first ruling did not address the state's confession of error. The second ruling was even worse, they added, "rejecting any deference to the considered judgment of the law enforcement officers who secured the guilty verdict." Travis County District Attorney Jose Garza wrote in a court filing in support of Escobar that the appeals court's decisions were "surprising" and that it had not adequately responded to the U.S. Supreme Court's earlier ruling saying further review was warranted. "The state complied with its constitutional and statutory duties to rectify an injustice and remedy false evidence by conceding error," Garza wrote. And yet, he added, the appeals court "gave the state's viewpoint no weight."

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STORY: "Supreme Court rejects Texas death row inmate's appeal over DNA evidence,"  by Reporter Lawrence Hurley, published by NBC News, on March 24, 2025,

SUB-HEADING: "The case centers on Areli Escobar's claim that DNA analysis was carried out by a laboratory that was later closed down following a string of errors."


GIST: "The Supreme Court declined Monday to intervene over a Texas death row inmate's claim that his murder conviction should be thrown out because DNA evidence used at trial was later found to be flawed.

The justices turned away the appeal brought by Areli Escobar, who was convicted of the 2009 murder of 17-year-old Bianca Maldonado.

In a twist, prosecutors had agreed that the evidence was faulty and that a new trial was appropriate.

The case bears some similarity to one the court recently decided in favor of Oklahoma death row inmate Richard Glossip. In both cases, prosecutors have admitted fault, but state courts nevertheless ruled against the defendants. The Supreme Court ultimately threw out Glossip’s conviction.

The Escobar case puts the spotlight on the Texas Court of Criminal Appeals. In January 2022, the court upheld Escobar's conviction even though prosecutors conceded that the evidence was problematic.

Escobar filed his first appeal with the U.S. Supreme Court, which in January 2023 asked the state court to review his case a second time.

But in September 2023, the state court again ruled against Escobar, saying there was "no reasonable likelihood that the outcome would have changed if the false evidence had been replaced with accurate evidence."

Escobar was convicted and sentenced to death in 2011 for the murder of Maldonado, who was stabbed and sexually assaulted at her apartment in Austin, Texas.

Prosecutors heavily relied on DNA evidence analyzed by the Austin Police Department’s laboratory, as well as a private laboratory.

The police laboratory was later closed down after a state investigation showed evidence of widespread errors and bias.

In 2020, a state judge ruled that Escobar had suffered a due process violation as a result of "scientifically unreliable" evidence and deserved a new trial.

Escobar's lawyers said the appeals court's first ruling did not address the state's confession of error. The second ruling was even worse, they added, "rejecting any deference to the considered judgment of the law enforcement officers who secured the guilty verdict."

Travis County District Attorney Jose Garza wrote in a court filing in support of Escobar that the appeals court's decisions were "surprising" and that it had not adequately responded to the U.S. Supreme Court's earlier ruling saying further review was warranted.

"The state complied with its constitutional and statutory duties to rectify an injustice and remedy false evidence by conceding error," Garza wrote. And yet, he added, the appeals court "gave the state's viewpoint no weight."

The entire story can be read at: 


https://www.nbcnews.com/politics/supreme-court/supreme-court-rejects-texas-death-row-inmates-appeal-dna-evidence-rcna155474



PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


———————————————————————————————


FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;

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