Friday, July 3, 2026

July 3: Neonatal nurse Lucy Letby: More proof that she did not have a fair trial: Special Correspondent Emily Dugan reports on a 100-page analysis prepared by Lucy Letby's legal team, which concludes that a key prosecution witness - renowned paediatric endocrinologist Professor Peter Hindmarsh - who gave evidence at the trial, should have given the jury alternative explanations for why two babies she was convicted of poisoning fell critically ill, noting that: "Letby’s barrister, Mark McDonald, said: “Professor Hindmarsh’s evidence occupied a position of exceptional importance at the trial and was the cornerstone from which the prosecution invited the jury to infer criminal intent on all the allegations. The detailed report submitted last week identifies several arguable errors in his evidence.” McDonald said that if the CCRC (Criminal Cases Review Commission) were to find there were details on important aspects of insulin and biochemical analysis that the jury should have been told about “then all the convictions are unsafe”.


PASSAGE OF THE DAY:  "Since her conviction, leading medical experts from the UK and around the world have questioned the evidence given by the prosecution at trial.  Last year an independently convened panel of 14 experts found no evidence of murders or intentional harm, arguing her conviction was unsafe. A retired neonatologist named Mike Hall was hired by the defence as an expert witness but was not called at trial. At a meeting of the experts in August 2022, Hall decided to “defer to the expertise of Hindmarsh” on both babies F and L."

STORY: "Lucy Letby witness ‘should have told jury about other explanations,’  by Special Correspondent  Emily Dugan. published by The Times, on June 27, 2026. (Emily Dugan is special correspondent at The Sunday Times, focused on in-depth investigative journalism. She won crime and legal affairs journalist of the year at the British Journalism Awards for her work on the case of Andrew Malkinson, who was imprisoned for 17 years for a rape he did not commit. She was previously the newspaper’s social affairs correspondent, investigating babies taken into care over a single bruise; the death and violence behind a large supplier of avocados to Britain; and sexual harassment by the police. She has worked at The Guardian, BuzzFeed News and The Independent. She won the Paul Foot award for her investigations into failings in the justice system and has twice been shortlisted for news reporter of the year at the British Press Awards.)

SUB-HEADING: "A report by the nurse’s legal team claims there are other potential reasons two babies fell ill."

GIST: "An expert witness who gave evidence at the trial of Lucy Letby should have given the jury alternative explanations for why two babies she was convicted of poisoning fell critically ill, a report has claimed.

A 100-page analysis prepared by Letby’s legal team questions the evidence given at her trial by the renowned paediatric endocrinologist Professor Peter Hindmarsh.

Letby was found guilty of attempted murder of two premature twins born eight months apart after the jury heard evidence from Hindmarsh that test results showed babies’ blood sugar could only have plummeted after they had been poisoned by insulin. Other paediatricians instructed in the case deferred to Hindmarsh, an emeritus professor at University College London, because of his expertise in hormones and diabetes in children. 

The report — co-authored by Dr Neil Aiton, a consultant neonatologist at University Hospitals Sussex NHS Trust and Dr Hilde Wilkinson-Herbots, associate professor at the Department of Statistical Science, University College London — alleges that there were errors of fact and omissions in the evidence presented to the jury. 

The experts who compiled the report allege that an email from Hindmarsh suggests he was aware of other potential causes for the babies’ insulin levels. Alternatives were not discussed at the trial as a decision was taken not to challenge Hindmarsh’s conclusion. It is understood they were considered and discounted by Hindmarsh, meaning only one explanation was put to the jury. The report does not address why Letby’s team did not question his evidence during the trial. The experts say he acknowledged another case of similar symptoms in an unrelated family court case where he gave evidence.

The report argues that if these alternative scientific explanations “had been placed before the court, the jury may have come to a different conclusion”.

Letby’s team hope the new analysis, which was submitted last week to the miscarriage of justice watchdog, the Criminal Cases Review Commission (CCRC), will mark a turning point in the former nurse’s application to have her convictions referred back to the appeal court. The Court of Appeal has twice refused to reconsider her convictions.

Letby, 36, is serving 15 whole-life terms at Bronzefield prison after being convicted of murdering seven babies and attempting to murder eight others while working as a neonatal nurse at the Countess of Chester Hospital between 2015 and 2016.

The jury were unanimous about the two insulin cases, which were the first on which they returned a verdict. Letby’s team argue the evidence on these cases is crucial to considering the safety of her conviction.

Prosecutors argued that Letby attempted to murder Baby F in August 2015 and Baby L in April 2016, by adding insulin to intravenous feed bags. It was contended at trial that the babies were doing well until Letby poisoned them.
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Hindmarsh was called by the prosecution to explain evidence on insulin. Experts instructed by Letby’s defence team did not give evidence in court, but in written reports they accepted findings made by Hindmarsh and deferred to his expertise.

Hindmarsh told the court that the test results in relation to Baby F and Baby L could only be explained by the administration of synthetic insulin. They had low levels of blood sugar and C-peptide, a by-product made when the body produces insulin. Hindmarsh said that if insulin had been produced naturally the C-peptide would have been higher.

In further answers to written questions about this he repeated: “There are no other conditions that would cause these readings.”

In the witness box, Hindmarsh was questioned by the prosecution about whether he had been asked to consider natural reasons for the babies’ insulin readings and replied “I was” but was not asked to elaborate. Letby’s barrister did not question the professor about it.

Email correspondence since the trial suggests that Hindmarsh considered the possibility of insulin antibodies as an alternative explanation for the results in babies F and L, but came to the conclusion that they were not relevant in this case.

In emails to a scientist in August 2024, Hindmarsh was asked if he had considered two alternative explanations for the results that would not involve poisoning, including transfer of antibodies that attack insulin from mothers.

Hindmarsh acknowledged that “consideration was given to maternal antibody transfer which the labs are well aware of” but said that “there were no issues in the mothers as there were more than two cases so would be very unusual to have a number of affected mothers over a short period of time. The behaviour of the blood glucose was also against ongoing antibody effect.”

The new report also refers to Hindmarsh’s evidence in a separate family court case in July 2022 where he acknowledges “another explanation” for similar results in a child whose mother was accused of deliberately injecting insulin. While Hindmarsh ultimately dismissed this explanation in his family court evidence, he did acknowledge it within the hearing. 

The family court judge commended Hindmarsh as a “world leader in his field” and thanked him for “expert evidence of exceptional quality”.

The report argues that because the jury were not presented with alternative explanations for the blood test results they were left “with only one possible conclusion: that these babies must have been given exogenous insulin”. The reports authors do not address why Letby’s defence team did not oppose Hindmarsh’s conclusions. 

The experts allege that their own analysis shows both Baby F and Baby L had good reasons to develop their symptoms and criticise Hindmarsh for not making the court aware of this. 

Baby F is likely to have suffered from sepsis, and the significance of this was not conveyed to the jury at trial by Hindmarsh, the experts say.

Baby L, meanwhile, had severe foetal growth restriction and decreased amniotic fluid in the womb, leading to early delivery at 33 weeks. The report argues there were very good reasons why he had a common neonatal condition where a newborn temporarily produces too much insulin after birth complications. 

The authors also questioned whether the two mothers may have received a nutritional supplement during fertility treatment which could cause newborns to show fictitiously high levels of insulin.

Letby’s barrister, Mark McDonald, said: “Professor Hindmarsh’s evidence occupied a position of exceptional importance at the trial and was the cornerstone from which the prosecution invited the jury to infer criminal intent on all the allegations. The detailed report submitted last week identifies several arguable errors in his evidence.” McDonald said that if the CCRC were to find there were details on important aspects of insulin and biochemical analysis that the jury should have been told about “then all the convictions are unsafe”.

Since her conviction, leading medical experts from the UK and around the world have questioned the evidence given by the prosecution at trial. 

Last year an independently convened panel of 14 experts found no evidence of murders or intentional harm, arguing her conviction was unsafe. 

A retired neonatologist named Mike Hall was hired by the defence as an expert witness but was not called at trial. At a meeting of the experts in August 2022, Hall decided to “defer to the expertise of Hindmarsh” on both babies F and L. 

The CCRC is still deliberating on the case. The first Letby trial took ten months and the volume of material to consider is substantial.  

A spokeswoman for the Medical Defence Union confirmed that Hindmarsh had no comment.""

The entire story can be read at:

PASSAGE OF THE DAY:  "Since her conviction, leading medical experts from the UK and around the world have questioned the evidence given by the prosecution at trial.  Last year an independently convened panel of 14 experts found no evidence of murders or intentional harm, arguing her conviction was unsafe. A retired neonatologist named Mike Hall was hired by the defence as an expert witness but was not called at trial. At a meeting of the experts in August 2022, Hall decided to “defer to the expertise of Hindmarsh” on both babies F and L."

STORY: "Lucy Letby witness ‘should have told jury about other explanations,’  by Special Correspondent  Emily Dugan. published by The Times, on June 27, 2026. (Emily Dugan is special correspondent at The Sunday Times, focused on in-depth investigative journalism. She won crime and legal affairs journalist of the year at the British Journalism Awards for her work on the case of Andrew Malkinson, who was imprisoned for 17 years for a rape he did not commit. She was previously the newspaper’s social affairs correspondent, investigating babies taken into care over a single bruise; the death and violence behind a large supplier of avocados to Britain; and sexual harassment by the police. She has worked at The Guardian, BuzzFeed News and The Independent. She won the Paul Foot award for her investigations into failings in the justice system and has twice been shortlisted for news reporter of the year at the British Press Awards.)

SUB-HEADING: "A report by the nurse’s legal team claims there are other potential reasons two babies fell ill."

GIST: "An expert witness who gave evidence at the trial of Lucy Letby should have given the jury alternative explanations for why two babies she was convicted of poisoning fell critically ill, a report has claimed.

A 100-page analysis prepared by Letby’s legal team questions the evidence given at her trial by the renowned paediatric endocrinologist Professor Peter Hindmarsh.

Letby was found guilty of attempted murder of two premature twins born eight months apart after the jury heard evidence from Hindmarsh that test results showed babies’ blood sugar could only have plummeted after they had been poisoned by insulin. Other paediatricians instructed in the case deferred to Hindmarsh, an emeritus professor at University College London, because of his expertise in hormones and diabetes in children. 

The report — co-authored by Dr Neil Aiton, a consultant neonatologist at University Hospitals Sussex NHS Trust and Dr Hilde Wilkinson-Herbots, associate professor at the Department of Statistical Science, University College London — alleges that there were errors of fact and omissions in the evidence presented to the jury. 

The experts who compiled the report allege that an email from Hindmarsh suggests he was aware of other potential causes for the babies’ insulin levels. Alternatives were not discussed at the trial as a decision was taken not to challenge Hindmarsh’s conclusion. It is understood they were considered and discounted by Hindmarsh, meaning only one explanation was put to the jury. The report does not address why Letby’s team did not question his evidence during the trial. The experts say he acknowledged another case of similar symptoms in an unrelated family court case where he gave evidence.

The report argues that if these alternative scientific explanations “had been placed before the court, the jury may have come to a different conclusion”.

Letby’s team hope the new analysis, which was submitted last week to the miscarriage of justice watchdog, the Criminal Cases Review Commission (CCRC), will mark a turning point in the former nurse’s application to have her convictions referred back to the appeal court. The Court of Appeal has twice refused to reconsider her convictions.

Letby, 36, is serving 15 whole-life terms at Bronzefield prison after being convicted of murdering seven babies and attempting to murder eight others while working as a neonatal nurse at the Countess of Chester Hospital between 2015 and 2016.

The jury were unanimous about the two insulin cases, which were the first on which they returned a verdict. Letby’s team argue the evidence on these cases is crucial to considering the safety of her conviction.

Prosecutors argued that Letby attempted to murder Baby F in August 2015 and Baby L in April 2016, by adding insulin to intravenous feed bags. It was contended at trial that the babies were doing well until Letby poisoned them.
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Hindmarsh was called by the prosecution to explain evidence on insulin. Experts instructed by Letby’s defence team did not give evidence in court, but in written reports they accepted findings made by Hindmarsh and deferred to his expertise.

Hindmarsh told the court that the test results in relation to Baby F and Baby L could only be explained by the administration of synthetic insulin. They had low levels of blood sugar and C-peptide, a by-product made when the body produces insulin. Hindmarsh said that if insulin had been produced naturally the C-peptide would have been higher.

In further answers to written questions about this he repeated: “There are no other conditions that would cause these readings.”

In the witness box, Hindmarsh was questioned by the prosecution about whether he had been asked to consider natural reasons for the babies’ insulin readings and replied “I was” but was not asked to elaborate. Letby’s barrister did not question the professor about it.

Email correspondence since the trial suggests that Hindmarsh considered the possibility of insulin antibodies as an alternative explanation for the results in babies F and L, but came to the conclusion that they were not relevant in this case.

In emails to a scientist in August 2024, Hindmarsh was asked if he had considered two alternative explanations for the results that would not involve poisoning, including transfer of antibodies that attack insulin from mothers.

Hindmarsh acknowledged that “consideration was given to maternal antibody transfer which the labs are well aware of” but said that “there were no issues in the mothers as there were more than two cases so would be very unusual to have a number of affected mothers over a short period of time. The behaviour of the blood glucose was also against ongoing antibody effect.”

The new report also refers to Hindmarsh’s evidence in a separate family court case in July 2022 where he acknowledges “another explanation” for similar results in a child whose mother was accused of deliberately injecting insulin. While Hindmarsh ultimately dismissed this explanation in his family court evidence, he did acknowledge it within the hearing. 

The family court judge commended Hindmarsh as a “world leader in his field” and thanked him for “expert evidence of exceptional quality”.

The report argues that because the jury were not presented with alternative explanations for the blood test results they were left “with only one possible conclusion: that these babies must have been given exogenous insulin”. The reports authors do not address why Letby’s defence team did not oppose Hindmarsh’s conclusions. 

The experts allege that their own analysis shows both Baby F and Baby L had good reasons to develop their symptoms and criticise Hindmarsh for not making the court aware of this. 

Baby F is likely to have suffered from sepsis, and the significance of this was not conveyed to the jury at trial by Hindmarsh, the experts say.

Baby L, meanwhile, had severe foetal growth restriction and decreased amniotic fluid in the womb, leading to early delivery at 33 weeks. The report argues there were very good reasons why he had a common neonatal condition where a newborn temporarily produces too much insulin after birth complications. 

The authors also questioned whether the two mothers may have received a nutritional supplement during fertility treatment which could cause newborns to show fictitiously high levels of insulin.

Letby’s barrister, Mark McDonald, said: “Professor Hindmarsh’s evidence occupied a position of exceptional importance at the trial and was the cornerstone from which the prosecution invited the jury to infer criminal intent on all the allegations. The detailed report submitted last week identifies several arguable errors in his evidence.” McDonald said that if the CCRC were to find there were details on important aspects of insulin and biochemical analysis that the jury should have been told about “then all the convictions are unsafe”.

Since her conviction, leading medical experts from the UK and around the world have questioned the evidence given by the prosecution at trial. 

Last year an independently convened panel of 14 experts found no evidence of murders or intentional harm, arguing her conviction was unsafe. 

A retired neonatologist named Mike Hall was hired by the defence as an expert witness but was not called at trial. At a meeting of the experts in August 2022, Hall decided to “defer to the expertise of Hindmarsh” on both babies F and L. 

The CCRC is still deliberating on the case. The first Letby trial took ten months and the volume of material to consider is substantial.  

A spokeswoman for the Medical Defence Union confirmed that Hindmarsh had no comment.""

The entire story can be read at:

https://x.com/richardhor54460/status/2070975089244618877?s=12

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. 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. 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; 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;

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. 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. 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; 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;

Thursday, July 2, 2026

greatttttttttttttt expert book... UK...


Forensic anthropologist Sue Black has a new book out this month

Peter Jolly/Shutterstock

An Expert Witness: Forensic science on trial  by Sue Black

This is the third book in a trilogy by Sue Black, one of the UK’s most eminent forensic scientists with 40 years of experience working on the evidence used in criminal cases. This time she’s putting science in the dock as she uses landmark cases to unpick what went wrong, where justice was served, what we should fight to preserve – and asks how AI and other forms of automation will work in court. And while there have been huge leaps forward – the discovery of DNA fingerprinting, and Black’s own vein-pattern identification work – cases like that of Andrew Malkinson, wrongly convicted and jailed for 17 years, show what happens when things go wrong. She asks if we’ll be able to cope with the future coming at us fast. “Are we prepared for AI to redact police files before they are sent to the CPS? Are we ready to accept instant interview translations? If they are incorrect, who will correct them? Who will notice? We will certainly all care,” she writes. We will indeed.

https://www.newscientist.com/article/2532793-the-best-new-popular-science-books-of-july-2026/

July 2: Alan Hall: New Zealand: Police dirty tricks; Journalist Matthew Theunissen's report for RNZ (Radio New Zealand): Two police officers on trial for withholding vital evidence in an investigation which led to "an unforgivable miscarriage of justice" - the wrongful conviction of Alan Hall in the 1980's for wilfully attempting to obstruct, prevent, pervert or defeat the course of justice. Per Reporter Theunissen: "It is alleged the officers deliberately excluded the crucial testimony of witness Ronald Turner, who said the person he had seen running across Clevedon Road on the night of October 13, 1985 was a large Māori man. Hall was a slight, Pākehā man. Crown prosecutor John Billington KC said had this information been provided to Hall's defence teams, it would have destroyed the police case. "He [Turner] was interviewed specifically on the issue again of what he had seen and he said 'I'm 100 percent certain the person I saw was a Māori'. "Mr Hall is and was a 5' 7" Pākehā, so if this identification witness the police were putting forward was correct that that offender was a male Māori nearly six foot tall it, certainly wasn't Mr Hall."


PUBLISHER'S NOTE: I will be following this case very carefully as it is very rare for police officers to be charged with perverting the course of justice decades after their conduct - way over the line - has literally caused an innocent accused person to be convicted of a very serious crime. As you will see below, in Alan Hall's case, the two presumably former police officers  are accused are accused of perverting the course of justice by  altering  the written statement of the key witness,  leaving out the reported ethnicity from the statement, while adding other erroneous incriminating information about Alan Hall into the statement and failing to disclose to the defence information about another suspect. These officers have been investigated and charged without bowing to the temptation of police, prosecutors, and politicians to expose heinous police skulduggery to the public eye.  In Tim Rees' Ontario case, police officers buried a video (discovered by accident   in an unmarked box in the police chief's office, many years after he was convicted by the jury and he had exhausted all his appeals) which utterly cleared Tim Rees, and unequivocally implicated  the deceased 10-year-old girl's  family's landlord as a viable suspect. But unlike the Hall case, no officer has been charged, it's not clear whether any of the officers  (or prosecutors) involved in the investigation have been investigated,  the case has hardly received public attention  (unlike the Hall case which led to compensation, and public rage at the police conduct which led to his being compensated, and  to a reward being offered for information leading to the conviction of the real murderer. To Ontario's great shame,  the decision of the  three judges who conducted an evidence hearing ordered by the federal minister of justice because of a likely miscarriage of justice is cold, and legalistic, and lacks the fire, the anger one would expect Ontario's highest judges to experience  when confronted by such  an unforgivable miscarriage of justice of this magnitude.  They stayed silent instead of  condemning  the outrageous, if not criminal police behaviour, which led to the imprisonment of an innocent man.  Like the Alan Hall case - 'an unforgivable miscarriage of justice.' Stay tuned,  dear readers, That's why I will be following the trial of the two officers in the UK so closely. 

Harold Levy;  Publisher; The Charles  Smith Blog.

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BACKGROUND:  WIKIPEDIA:  "There was no evidence linking Alan Hall to the scene of the crime. At the trial the police suppressed testimony from Easton's children that the intruder was Māori and failed to call a witness who said he saw a Māori man running away from the house. The police altered the written statement from this witness leaving out the reported ethnicity from the statement, while adding other erroneous incriminating information about Alan Hall into the statement. Police failed to disclose to the defence information about another suspect.   Aged 23, Hall was found guilty and given a life sentence. He was released on parole after nine years, but was recalled in 2012 after breaching one of his parole conditions. He was released again in March 2022. He spent 19 years in prison overall. The Supreme Court of New Zealand acknowledged a substantial miscarriage of justice had occurred and overturned his conviction on 8 June 2022.  In 2024, two police officers and a prosecutor were charged with perverting the course of justice, and a reward of $100,000 was offered for information leading to the conviction of the real murderer."

Wrongful_conviction_of_Alan_Hall

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QUOTE OF THE DAY: "(Prosecutor) Billington said this was either a case of "extreme incompetence or deliberate wrongful strategy." He argued it was a case of the latter. "Mr Hall was convicted on the basis of that evidence, that is by the omission from the one identification witness, of the reference to the ethnicity of the alleged offender.  "Without these departures, which I have just identified to you, there was insufficient evidence either to either charge Mr Hall or to convict him. "That, your Honour, is how simple this case is," he told Justice Gault." "By the omission of the most crucial parts of the evidence repeated by Mr Turner on three occasions, the deliberate alteration of the evidence for trial and the failure to disclose Mr Turner's prior statements to the defence and ultimately therefore deprive the defence, the trial judge, the jury and the Court of Appeal led to this unforgivable miscarriage of justice."

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STORY: "Police officers accused of withholding vital evidence in Alan Hall case," By Matthew Theunissen of RNZ, published on Tuesday,  June 30, 2026.

GIST: "The behaviour of two police officers — who withheld vital evidence in an investigation which led to the wrongful conviction of Alan Hall in the 1980s — has been described as an "unforgivable miscarriage of justice".

The two men still cannot be named, but Justice Gault amended a suppression order on Monday, meaning it can be revealed for the first time that the two defendants were police officers involved in the investigation.

They have been charged with wilfully attempting to obstruct, prevent, pervert or defeat the course of justice.

Both men have pleaded not guilty.

A third man was also charged over Hall's wrongful conviction, but he has since died.

Aged 23 at the time of his conviction, Hall was sentenced to life in prison for the 1985 murder of Arthur Easton in his Papakura home. His sentence was quashed by the Supreme Court in 2022 after he had spent 17 years in prison.

It is alleged the officers deliberately excluded the crucial testimony of witness Ronald Turner, who said the person he had seen running across Clevedon Road on the night of October 13, 1985 was a large Māori man. Hall was a slight, Pākehā man.

Crown prosecutor John Billington KC said had this information been provided to Hall's defence teams, it would have destroyed the police case.

"He [Turner] was interviewed specifically on the issue again of what he had seen and he said 'I'm 100 percent certain the person I saw was a Māori'.

"Mr Hall is and was a 5' 7" Pākehā, so if this identification witness the police were putting forward was correct that that offender was a male Māori nearly six foot tall it, certainly wasn't Mr Hall."

Billington said this was either a case of "extreme incompetence or deliberate wrongful strategy". He argued it was a case of the latter.

"Mr Hall was convicted on the basis of that evidence, that is by the omission from the one identification witness, of the reference to the ethnicity of the alleged offender.

"Without these departures, which I have just identified to you, there was insufficient evidence either to either charge Mr Hall or to convict him.

"That, your Honour, is how simple this case is," he told Justice Gault.

"By the omission of the most crucial parts of the evidence repeated by Mr Turner on three occasions, the deliberate alteration of the evidence for trial and the failure to disclose Mr Turner's prior statements to the defence and ultimately therefore deprive the defence, the trial judge, the jury and the Court of Appeal led to this unforgivable miscarriage of justice."

One of the defendant's lawyer's, David Jones KC, accused the prosecution of making "hyperbolic statements" based on Turner's statements.

"We have of course the acknowledgement by Mr Hall that he was the owner of the bayonet, we have the acknowledgement that he had possession of the balaclava - the two items left by the intruder at the scene. We have the five different explanations he gave for no longer having in his possession," he said. 

"With respect, the Turner statement needs to be looked at in context."


In a brief statement, the other defendant's lawyer Paul Wicks KC said he endorsed Jones' comments.

"I will just simply say that Mr *'s case is that he had no intention to and undertook no acts that were motivated by him seeking to wilfully attempt to prevent, or defeat the course of justice."

The trial is expected to take about two weeks."

The entire story can be read at:


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. 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. 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; 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;

Tameshia Shelton: Mississippi: Murder or Suicide: Major (Welcome) Development: Freed from prison after 11 years. As Jerry Mitchell, Madeline Nguyen and Claudia Amendoeira report in Mississippi Today: "Earlier in June, the Mississippi Supreme Court refused to interfere with the December decision by the state Court of Appeals ordering a new trial for Shelton. The appeals court held that prosecutors failed to prove Shelton was guilty of murder “beyond a reasonable doubt” when she stood trial in 2015 for Young’s death. The justices’ decision came days after Mississippi Today published its four-year investigation that found that Shelton has remained behind bars, even though much of the evidence in Young’s 2009 death suggested he killed himself — including an apparent suicide note never presented to the jury."


BACKGROUND: From a previous post of this Blog: (June 11, 2026):  Tameshia Shelton: Mississipi. (From our enough to make one weep' department): Question of the day:  Murder or suicide?: Years after the conviction,   deputy chief medical examiner for Mississippi at the time, Dr. Lisa Funte, who now goes by “Liam," -  the  pathologist whose testimony helped prosecutors land a murder conviction, admitted in a sworn statement that his ruling that Danelle Young's  death was a homicide was an “error" - and during a new hearing, he  told the court that he lacked knowledge of any data or scientific studies that supported his original conclusion for Young’s manner of death — in fact, they contradicted it.  If he  had the chance to rule again, Funte   wrote to the court,   he would deem the death undetermined but leaning toward suicide, saying, “Any bullet trajectory can occur in both homicides and suicides. I see no evidence at this point to support homicide.”  Great journalism by  Jerry Mitchell, Madeline Nguyen and Alyssa Daly, published, to its credit, by Mississippi Today, under the heading,"One night in Mhoon Valley

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PASSAGE OF THE DAY: "Shelton’s trial lawyer, Rod Ray, failed to introduce Young’s apparent suicide note as evidence — a key reason why the appeals court ordered a new trial for her. The appeals court found Ray was so “ineffective” as Shelton’s defense attorney that he violated her constitutional right to a fair trial. Other gaps have emerged in Shelton’s case in the years since her murder trial. The prosecution’s case against her relied upon a deputy state medical examiner’s official ruling that Young’s death was a homicide. The pathologist later called the conclusion an “error” due to lack of experience. Prosecutors also used testimony from Clay County sheriff’s deputies that conflicted with actual records."

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PASSAGE TWO OF THE DAY: "In the years following Shelton’s conviction, her family reached out to everyone they could, including District Attorney Scott Colom in 2018. They told Colom that Young’s death was a suicide, not a homicide. After studying her case, Colom began to have questions. “The evidence sounded thin,” he said. “There was not much motive.” On top of that, he said, if Shelton were truly guilty of murder, “Why would she call 911?” He reached out to the Mississippi Innocence Project to look into the case. And he later wrote a sworn statement in support of a hearing to determine if Shelton deserved a new trial. The wall of Colom’s office has a reminder to him about not rushing to judgment: a photo of Kennedy Brewer and Levon Brooks, two exonerated men who together spent a total of 30 years behind bars, including time on death row, for murders they didn’t commit.  Colom’s predecessor, Forrest Allgood, prosecuted the men and his office has now seen seven people have their convictions thrown out — the record for any district attorney in the state, according to a Mississippi Today analysis of data from the National Registry of Exonerations."

-----------------------------------------------

STORY: "Tameshia Shelton is freed from prison after 11 years. Court said DA failed to prove guilt ‘beyond a reasonable doubt’ in murder case," by Jerry Mitchell,  (Senior Investigative Reporter) Madeline Nguyen, (Roy W. Howard Investigative Reporting Fellow) and Claudia Amendoeira, (Investigative Reporting Fellow) published by Mississippi Today, on June 29, 2026.

SUB-HEADING: "Her release comes after an appeals court made her the seventh person to have their murder conviction thrown out in the same judicial district — a state record.:

GIST:  For her birthday Monday, Tameshia Shelton got the present she’s been wishing for every day for the last 11 years: freedom from prison.

Her four children, mother and other family members blew party blowers, handed her a teddy bear and hugged her as she emerged from the Clay County Detention Center Monday afternoon. “I felt numb before,” she said, “but now it feels real.”

On Monday, she was freed on a $50,000 bond with the help of the Mississippi Fund Collective. The moment marks her first freedom since a jury convicted her of murder in the 2009 shooting death of her sister’s 21-year-old boyfriend, Danelle Young.

Shelton’s lawyers are asking Circuit Judge James T. Kitchens to dismiss the indictment. If he grants the request, her case would mark the seventh exoneration in the same judicial district — a state record.

After her release Monday, she celebrated her freedom and her 48th birthday with Popeye’s chicken, hot sauce and white bread.

Tameshia Shelton beams at a crowd of family members after her release from the Clay County Detention Center on June 29, 2026. She walked out in a shirt made by her niece featuring a photo of her taken before she was sentenced to life in prison 11 years before. Credit: Claudia Amendoeira/Mississippi Today

“Eleven years too late, Ms. Shelton is coming home,” said one of her current lawyers, Sandra Levick of the Mississippi Innocence Project. “We appreciate everyone who made this day possible, but we will not truly celebrate until the case is finally over. That day should come soon.”

Earlier in June, the Mississippi Supreme Court refused to interfere with the December decision by the state Court of Appeals ordering a new trial for Shelton. The appeals court held that prosecutors failed to prove Shelton was guilty of murder “beyond a reasonable doubt” when she stood trial in 2015 for Young’s death.

The justices’ decision came days after Mississippi Today published its four-year investigation that found that Shelton has remained behind bars, even though much of the evidence in Young’s 2009 death suggested he killed himself — including an apparent suicide note never presented to the jury.

Shelton’s trial lawyer, Rod Ray, failed to introduce Young’s apparent suicide note as evidence — a key reason why the appeals court ordered a new trial for her. The appeals court found Ray was so “ineffective” as Shelton’s defense attorney that he violated her constitutional right to a fair trial.

Other gaps have emerged in Shelton’s case in the years since her murder trial. The prosecution’s case against her relied upon a deputy state medical examiner’s official ruling that Young’s death was a homicide. The pathologist later called the conclusion an “error” due to lack of experience. Prosecutors also used testimony from Clay County sheriff’s deputies that conflicted with actual records.

In the years following Shelton’s conviction, her family reached out to everyone they could, including District Attorney Scott Colom in 2018. They told Colom that Young’s death was a suicide, not a homicide.

After studying her case, Colom began to have questions. “The evidence sounded thin,” he said. “There was not much motive.”

On top of that, he said, if Shelton were truly guilty of murder, “Why would she call 911?”

He reached out to the Mississippi Innocence Project to look into the case. And he later wrote a sworn statement in support of a hearing to determine if Shelton deserved a new trial.

The wall of Colom’s office has a reminder to him about not rushing to judgment: a photo of Kennedy Brewer and Levon Brooks, two exonerated men who together spent a total of 30 years behind bars, including time on death row, for murders they didn’t commit.

Colom’s predecessor, Forrest Allgood, prosecuted the men and his office has now seen seven people have their convictions thrown out — the record for any district attorney in the state, according to a Mississippi Today analysis of data from the National Registry of Exonerations.

Asked before about Shelton’s case, Allgood said he didn’t recall it, but he added that just because an appeals court dismisses a case doesn’t mean it’s right. “Appeals courts are made up of fallible human beings,” he said.

He disagreed with the term exoneration when a case is reversed because “there’s a bias toward the accused being innocent, even after a jury says otherwise,” he said.

Colom couldn’t be reached Monday for comment, but he previously said he would “look at what the facts show and do justice” in Shelton’s case.

Not long after arriving at Young’s fatal shooting on Oct. 16, 2009, Clay County sheriff’s deputies concluded his death was a homicide. Shelton, who has maintained her innocence, became the prime suspect because she was the last known person to see Young alive.

Current Sheriff Eddie Scott, then the chief deputy, told a local reporter he’d ruled out the possibility that Young died from suicide or an accident because he had been shot in the chest from 30 feet away.

Only the gun was actually fired from less than an inch away. That’s what a State Crime Lab expert concluded after finding gunfire burns in Young’s jacket.

A jury convicted Shelton of murder in 2015, and she has suffered strokes and other health setbacks in prison. Her family has started a GoFundMe page for her.Tameshia Shelton’s four children, mother and other family members blew party blowers, handed her a teddy bear and hugged her as she emerged from the Clay County Detention Center Monday afternoon. Credit: Claudia Amendoeira/Mississippi Today

“How do you begin to rebuild a life when everything has been stripped away from you? For 11 agonizing years, our family has lived a nightmare,” her daughter, Trinity, wrote. “Her faith and her desire to hold her kids again are the only things that kept her alive.”

She wrote that in prison, “my mom’s health deteriorated drastically. Today, she lives with a severe disability and suffers from constant, violent seizures. Watching her fight for her life behind a prison cell — without the correct medical care — is a pain we wouldn’t wish on anyone.”

Shelton said Monday that before she left prison, other women serving life sentences told her that she inspires them.

She knows there are innocent people in prison, she said, perhaps because of a misunderstanding or a mistake, but “now you are silent and everybody looks at you like you’re some kind of criminal.”

She recalled that when Clay County deputies arrested her in 2011, she asked for an attorney and a phone call but didn’t get them right away. She quoted the officers as saying, “You said you’re innocent, right? So what do you need an attorney for?”

Now that she is free, she wants to help others in their battles for justice, because she realizes now that a wrongful conviction can happen to anyone, she said. “It could be you. It could be your child. It could be your mom. It could be your brother.”


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JERRY MITCHELL: The stories of investigative reporter Jerry Mitchell have helped put four Klansmen and a serial killer behind bars. His stories have also helped free two people from death row, exposed injustices and corruption, prompting investigations and reforms as well as the firings of boards and officials. He is a Pulitzer Prize finalist, a longtime member of Investigative Reporters & Editors, and a winner of more than 30 other national awards, including a $500,000 MacArthur “genius” grant. After working for three decades for the statewide Clarion-Ledger, Mitchell left in 2019 and founded the Mississippi Center for Investigative Reporting.

MADELINE NGUYEN: "As a Roy W. Howard investigative reporting fellow, I cover stories that expose wrongdoing, hold powerful institutions accountable and illuminate disparities affecting everyday Mississippians. While my investigations span a range of topics, they are united by a common focus: justice. Through my work, I've seen how investigative reporting can drive real change and make the community we live in a better place."

CLAUDIA AMENDOEIRA: "Before joining Mississippi Today, I reinvestigated and produced a documentary about a wrongful conviction case in West Memphis, Arkansas, reported on psychiatric residential facilities for children, and worked as an Editorial Assistant at the Aspen Institute. I graduated with Honors from the Columbia School of Journalism as a fellow from the Toni Stabile Center for Investigative Journalism. Before that, I graduated Cum Laude from Georgetown’s School of Foreign Service. I am originally from Cascais, Portugal."

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The entire story can be read at:

https://mississippitoday.org/2026/06/29/tameshia-shelton-freed-from-prison/

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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. 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. 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; 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;

July 2: Maurice Pierce; Texas: A family's plea for reform of interrogation of juveniles: The Yogurt Shop Murders. CBS News (Erin Moriarty and Megan Marcus) interviews the family of this exonerated man, noting that: "Marisa Pierce has said there was no evidence when her father was questioned, "only a detective and a narrative, a narrative so completely false. It feels evil."..."Nearly eight years later, in 1999, all four men were arrested after Scott and Springsteen confessed to the murders. They later recanted, saying they had been coerced. Springsteen and Scott were tried and convicted, but later those convictions were overturned on constitutional grounds. A subsequent DNA test excluded all four men. Maurice Pierce was never convicted but spent three years in jail before his release in 2003."


PASSAGE OF THE DAY: "Kimberli Pierce said her husband came home a hardened man. She believes police continued to harass Maurice and their family after his release. In 2010, Maurice Pierce was stopped for a routine traffic stop, fled on foot, and was shot and killed by an Austin police officer who said Pierce had stabbed him with a knife.  Marisa and Kimberli Pierce told "48 Hours" that they intend to review the circumstances surrounding the night of Maurice Pierce's death. Marisa Pierce revealed in new, emotional detail that she was on the phone with her father at the time. She believes he panicked and was only trying to get away, not to hurt anyone. She described her father's last breaths: "And in those last moments, he had just said I'm sorry, I don't think you're gonna see me again, and I love you." 

------------------------------------------------------

PASSAGE TWO OF THE DAY: "For the Pierce family, the settlement is a starting point, not an end point. They have put forward seven proposed reforms they hope the city of Austin will approve, including appointing a child advocate whenever a minor is questioned, prohibiting deceptive interrogation tactics, educating juveniles about their rights and establishing accountability measures to address tunnel vision in police investigations. In a statement shared with "48 Hours," the Pierces wrote: "Real justice is not only about acknowledging harm after the fact but about creating safeguards that prevent future families from enduring the same pain." 

-------------------------------------------------------

STORY: "It's blood money": Family of exonerated man in Texas yogurt shop murders speaks out after settlement,"  by Erin Moriarty  (bio below) and  Journalist Megan Marcus, published by CBS News, on June 26, 2026. Erin Moriarty is a "48 Hours" correspondent. Her work is featured on all CBS News broadcasts and platforms, including including "CBS Sunday Morning," "CBS Mornings" and CBS News 24/7. Moriarty is also the host of the award-winning true-crime podcast, "My Life of Crime."  At CBS News, Moriarty has covered some of the biggest crime and justice stories of our time, including the wrongful conviction of Ryan Ferguson, the death of JonBenet Ramsey, the ongoing story of millionaire Robert Durst, and the controversial case of Brooke Skylar Richardson, a young Ohio woman tried - and acquitted - for murdering her newborn baby. Drawing on her training as an attorney, she has examined some of the most important social and legal issues of the day, including wrongful convictions, cold cases, DNA testing of evidence in death-row cases and spousal abuse.)

PHOTO CAPTION: "From left, Maurice Pierce, Forrest Welborn, Michael Scott and Robert Springsteen were exonerated in February 2026 after investigators linked another man, Robert Eugene Brashers, to the December 1991 killings of four teenage girls in an Austin, Texas, yogurt shop."

GIST: "The widow and the daughter of Maurice Pierce, one of the four men wrongfully accused in the 1991 Texas yogurt shop murders, have confirmed they signed a multimillion-dollar settlement with the city of Austin.

Kimberli and Marisa Pierce spoke with correspondent Erin Moriarty in a new episode of the podcast "48 Hours: Case by Case." Moriarty has reported on the yogurt shop murders for over 30 years.

Maurice Pierce's widow Kimberli made clear that their priority has never been financial compensation. "It's blood money for us. He died for this money," Kimberli Pierce said. "It's about the reform and the changes that need to happen,  not only in Austin, but apparently across the country."

They also went into great detail about what they believe happened when Maurice Pierce was shot and killed by police in 2010.

Maurice Pierce was one of four men, along with Michael Scott, Robert Springsteen and Forrest Welborn, who were wrongfully accused in the murders of four teenage girls in Austin on Dec. 6, 1991. Eliza Thomas, Amy Ayers, and sisters Jennifer and Sarah Harbison were tied up, shot and left inside the yogurt shop as it was set ablaze.

The four men were exonerated in February after investigators linked another man, Robert Eugene Brashers, to the killings. The city of Austin subsequently offered a $35 million settlement. Because Maurice Pierce died in 2010, his share of $10 million will go to Kimberli and Marisa Pierce.

Eight days after the killings, 16-year-old Maurice Pierce was arrested at a mall, carrying a .22, the same caliber handgun connected to the crime. Kimberli Pierce said police told Maurice Pierce that his gun was the murder weapon. He responded by mentioning his friend Forrest Welborn. Maurice Pierce was then wired up and sent to speak with Welborn, but investigators ultimately determined that Welborn and the others knew nothing about the murders, and no charges were filed at that time.

Marisa Pierce has said there was no evidence when her father was questioned, "only a detective and a narrative, a narrative so completely false. It feels evil."

Nearly eight years later, in 1999, all four men were arrested after Scott and Springsteen confessed to the murders. They later recanted, saying they had been coerced. Springsteen and Scott were tried and convicted, but later those convictions were overturned on constitutional grounds. A subsequent DNA test excluded all four men. Maurice Pierce was never convicted but spent three years in jail before his release in 2003.

Kimberli Pierce said her husband came home a hardened man. She believes police continued to harass Maurice and their family after his release. In 2010, Maurice Pierce was stopped for a routine traffic stop, fled on foot, and was shot and killed by an Austin police officer who said Pierce had stabbed him with a knife.

Marisa and Kimberli Pierce told "48 Hours" that they intend to review the circumstances surrounding the night of Maurice Pierce's death. Marisa Pierce revealed in new, emotional detail that she was on the phone with her father at the time. She believes he panicked and was only trying to get away, not to hurt anyone. She described her father's last breaths: "And in those last moments, he had just said I'm sorry, I don't think you're gonna see me again, and I love you."

"48 Hours" reached out to the Austin Police Department about the Pierces' allegations of harassment and their questions about Maurice Pierce's death in 2010. The police department said they had no additional comment.

For the Pierce family, the settlement is a starting point, not an end point. They have put forward seven proposed reforms they hope the city of Austin will approve, including appointing a child advocate whenever a minor is questioned, prohibiting deceptive interrogation tactics, educating juveniles about their rights and establishing accountability measures to address tunnel vision in police investigations.

In a statement shared with "48 Hours," the Pierces wrote: "Real justice is not only about acknowledging harm after the fact but about creating safeguards that prevent future families from enduring the same pain." 

The entire story can be read at: 


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. 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. 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; 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;

Wednesday, July 1, 2026

July 1: Shizuo Aishima: Tokyo: Japan: Hostage Justice: The practice of holding suspects who deny accusations in custody for a prolonged period, (you can guess why! HL) is under attack in the Japanese courts. Nippon.com reports theJapanese government indicated Monday that it will fight a lawsuit claiming that rulings by 37 judges to deny bail for a former adviser to machinery maker Ohkawara Kakohki Co., who died of cancer while facing wrongful charges, were illegal, noting that: " Lawyers for the plaintiffs told a press conference after the hearing that they will seek to examine the judges as witnesses. The wife told the court that Aishima cried and was devastated that his bail request was denied while he was hospitalized, saying he found it inhumane. She said she wants to hear from the judges why the bail requests were repeatedly rejected."



PASSAGE OF THE DAY: "In March, 2020, Aishima and others from the company were arrested for allegedly violating the foreign exchange law and were later indicted. Aishima was found to have stomach cancer in October and his detention was briefly suspended, but judges denied a total of eight bail requests. He died in February 2021 with the charges still pending."

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STORY: "Japan Govt Vows to Fight Suit on Bail Denials for Ohkawara Exec," published by Nippon.com on June 29, 2026.

GIST: "The Japanese government indicated Monday that it will fight a lawsuit claiming that rulings by 37 judges to deny bail for a former adviser to machinery maker Ohkawara Kakohki Co., who died of cancer while facing wrongful charges, were illegal.

The state called for the suit filed by three family members of Shizuo Aishima, who died in 2021 at age 72, to be dismissed, in the first oral arguments of the case at Tokyo District Court. The plaintiffs, including his 77-year-old widow, demanded about 168 million yen in damages.

It is unusual for a lawsuit to hold judges accountable for what has been described as "hostage justice," or the practice of holding suspects who deny accusations in custody for a prolonged period, according to the plaintiff side.

In March 2020, Aishima and others from the company were arrested for allegedly violating the foreign exchange law and were later indicted. Aishima was found to have stomac 

Lawyers for the plaintiffs told a press conference after the hearing that they will seek to examine the judges as witnesses.

The wife told the court that Aishima cried and was devastated that his bail request was denied while he was hospitalized, saying he found it inhumane. She said she wants to hear from the judges why the bail requests were repeatedly rejected.

In March 2020, Aishima and others from the company were arrested for allegedly violating the foreign exchange law and were later indicted. Aishima was found to have stomach cancer in October and his detention was briefly suspended, but judges denied a total of eight bail requests. He died in February 2021 with the charges still pending."

The entire story can be read at:


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. 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. 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; 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;

Tuesday, June 30, 2026

Jimmie "Chris" Duncan: Louisiana: Bite Mark Junk Science: Officially freed, now that the Louisiana Supreme Court has upheld a lower court’s decision to toss out his 1998 murder conviction citing flawed forensics practices used to convict him, as this story by Investigative Reporter Richard A. Webster makes clear that this death row prisoner should not be put to a new trial and execution if once again convicted, as District Attorney has previously vowed to do..." Tew, who did not immediately respond to a request for comment on Monday, said at the April hearing that should the Supreme Court refuse to reinstate Duncan’s conviction, he would retry him, though he did not say what charge he might pursue. When asked about the prospect of Duncan being retried for murder, Fabricant, the Innocence Project attorney, said, “If there is any sense of fairness and justice left, this should be the end of this case.”


QUOTE OF THE DAY: "“I am flooded with relief,” said Chris Fabricant, a member of Duncan’s legal team and director of strategic litigation with the Innocence Project in New York, in an interview. “It would have been a moral outrage for the conviction to be reinstated.”

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PASSAGE OF THE DAY: "Haley’s mother, Allison Layton Statham, has publicly supported Duncan’s release from prison and the overturning of his conviction; so have family members of Haley’s father, Lloyd Donald Oliveaux, who died in 1996. They have excoriated the state’s tactics, claiming they repeatedly asked for a meeting with prosecutors to express their concerns, but never received a response."

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PASSAGE TWO OF THE DAY: "The court’s ruling came after a 2025 Verite News and ProPublica investigation examined the reliability of the key forensic evidence used to convict Duncan, now 57. At the time, he faced the possibility of being put to death as Gov. Jeff Landry, a staunch death penalty advocate, made moves to expedite executions after a 15-year pause. Duncan’s conviction was based largely on now-discredited bite mark evidence presented by forensic dentist Michael West and pathologist Steven Hayne. Their analysis, which was critical to Ouachita Parish prosecutors securing Duncan’s conviction, claimed to match marks on Haley’s body to Duncan’s teeth.  But experts have since deemed such evidence, fairly common at the time of Duncan’s 1998 trial, to be junk science. Meanwhile, the longtime partnership between West and Hayne has come under scrutiny from civil rights attorneys, forensic experts and the courts over concerns about the validity of their techniques."

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PASSAGE THREE OF THE DAY: "In the 28 years since Duncan’s trial, nine other prisoners have been set free after being convicted in part on inaccurate evidence given by West and Hayne. Three of those men were on death row. Duncan was the last person awaiting an execution based on the pair’s work. In his opinion, Cole reexamined the use of supposed bite marks, which were the only physical evidence tying Duncan to the alleged crime. Cole pointed to a video of West’s 1993 examination of Haley, which was not shown to jurors at trial. In that recording, West can be seen taking a mold of Duncan’s teeth and grinding it into and across the girl’s body, seemingly creating bite marks where none previously existed. Referencing previous testimony from a defense expert, Cole wrote that “it was ‘scientifically indefensible’ to identify those marks as having been made by Duncan, and that the angles shown in the West Video were physically impossible for a human bite.”West has previously said he was simply using what he called a “direct comparison” technique — in which he presses a mold of a person’s teeth directly onto the location of suspected bite marks."

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STORY: "Louisiana Supreme Court Frees Death Row Prisoner, Calling Evidence Against Him “Scientifically Indefensible,”  by Richard A. Webster, published by ProPublica/Verite News. on June 29, 2026. (Experienced investigative reporter Rich Webster joins Verite after spending the past two and a half years as a member of ProPublica’s Local Reporting Network. He investigated allegations of abuse against the Jefferson Parish Sheriff’s Office, and claims of racial and economic inequities within Louisiana’s Road Home recovery program following Hurricane Katrina. Webster previously was a member of The Times-Picayune’s investigative team, reporting on numerous special projects including “The Children of Central City,” an in-depth look at childhood trauma through the lens of a youth football team; “A Fragile State,” a multi-part series on Louisiana’s mental health care system; and “Dying at OPP,” which examined the deaths of inmates in Orleans Parish Prison. Webster also covered the criminal justice system and the Covid-19 pandemic for The Washington Post, ProPublica and The Guardian.)

SUB-HEADING: "The decision affirms a lower court’s ruling nullifying Jimmie “Chris” Duncan’s 1998 first-degree murder conviction. Duncan was convicted based in part on forensic evidence that is now widely regarded as junk science."


GIST: "Former Louisiana death row inmate Jimmie “Chris” Duncan is officially a free man following a unanimous ruling Monday by the Louisiana Supreme Court. In the opinion, justices upheld a lower court’s decision to toss out Duncan’s 1998 conviction for killing his former girlfriend’s toddler, Haley Oliveaux, citing flawed forensics practices used to convict him.

Justice Cade R. Cole wrote on behalf of the seven-member court that new evidence presented by Duncan’s legal team left no doubt that his conviction should be overturned.

“The post-conviction evidence undermined the core factual premises on which the state depended,” Cole wrote in the official opinion.

Two other justices, including Chief Justice John Weimer, issued opinions concurring with Cole.

“I am flooded with relief,” said Chris Fabricant, a member of Duncan’s legal team and director of strategic litigation with the Innocence Project in New York, in an interview. “It would have been a moral outrage for the conviction to be reinstated.”

The court’s ruling came after a 2025 Verite News and ProPublica investigation examined the reliability of the key forensic evidence used to convict Duncan, now 57. At the time, he faced the possibility of being put to death as Gov. Jeff Landry, a staunch death penalty advocate, made moves to expedite executions after a 15-year pause.

Duncan’s conviction was based largely on now-discredited bite mark evidence presented by forensic dentist Michael West and pathologist Steven Hayne. Their analysis, which was critical to Ouachita Parish prosecutors securing Duncan’s conviction, claimed to match marks on Haley’s body to Duncan’s teeth.

But experts have since deemed such evidence, fairly common at the time of Duncan’s 1998 trial, to be junk science. Meanwhile, the longtime partnership between West and Hayne has come under scrutiny from civil rights attorneys, forensic experts and the courts over concerns about the validity of their techniques.

In the 28 years since Duncan’s trial, nine other prisoners have been set free after being convicted in part on inaccurate evidence given by West and Hayne. Three of those men were on death row. Duncan was the last person awaiting an execution based on the pair’s work.

In his opinion, Cole reexamined the use of supposed bite marks, which were the only physical evidence tying Duncan to the alleged crime. Cole pointed to a video of West’s 1993 examination of Haley, which was not shown to jurors at trial. In that recording, West can be seen taking a mold of Duncan’s teeth and grinding it into and across the girl’s body, seemingly creating bite marks where none previously existed. Referencing previous testimony from a defense expert, Cole wrote that “it was ‘scientifically indefensible’ to identify those marks as having been made by Duncan, and that the angles shown in the West Video were physically impossible for a human bite.”

West has previously said he was simply using what he called a “direct comparison” technique — in which he presses a mold of a person’s teeth directly onto the location of suspected bite marks.

Weimer wrote in a concurrence that the bite mark evidence used to prosecute Duncan was similar to “trial by water” tests used by witch-hunters in the 17th century, in which suspected witches were bound with rope and lowered into a body of water. If they floated, they were considered guilty of witchcraft, while those who “passed” the test by sinking often drowned.

“We now look back at those practices as asinine and absurd, since those who fell victim to those practices often did not survive, regardless of whether they were found guilty or innocent,” Weimer wrote. “The bite mark evidence and the sexual abuse evidence used in the trial against the accused has proven to be similarly specious.”

Duncan’s prosecution “demonstrates we cannot be too careful in determining whether the death penalty should be implemented in cases such as this case because of the finality of the sentence and the impossibility of rectification,” Weimer wrote.“Such an irreversible and tragic consequence is inimical and deleterious to our system of justice if carried out based on evidence that is devoid of legitimacy.”

“This Should Be the End of This Case”

Police arrested Duncan on Dec. 18, 1993. He was babysitting Haley that day in the home he shared with the girl’s mother in West Monroe. Duncan told law enforcement he had put the child in the bath, then went downstairs to wash dishes. When he heard a noise coming from the bathroom, he rushed upstairs to check on her and found Haley floating face down in the water. She was pronounced dead a few hours later.

Duncan was initially booked for negligent homicide, but prosecutors upped the charge to first-degree murder after Hayne and West conducted Haley’s medical exam and claimed they discovered evidence, including the purported bite marks, that she had been sexually assaulted and intentionally drowned. Following two weeks of testimony during the trial in 1998, the jury found Duncan guilty and sentenced him to death.

While Duncan awaited an execution date, his new team of postconviction attorneys uncovered evidence that pointed to his innocence, including an expert witness who said that the child’s death was not a homicide but the result of an accidental drowning. In addition, investigators working for Duncan’s legal team interviewed a jailhouse informant who recanted his earlier trial testimony that Duncan had confessed to the crime.

Duncan’s conviction was overturned in April of last year by former Ouachita Parish Judge Alvin Sharp. He was let out of prison on bail in December, but he continued to await a final decision on his case after prosecutors appealed Sharp’s ruling.

Steve Tew, district attorney for Ouachita and Morehouse parishes, has never wavered in his insistence that Duncan was guilty of murder and that he should be put to death. His office appealed Sharp’s decision to the state Supreme Court.

During oral arguments in April, Tew said that since Duncan was the only person with Haley at the time of her death, his guilt could not be debated. “We don’t need the bite mark evidence to put Mr. Duncan in the apartment alone with this child,” Tew said.

Haley’s mother, Allison Layton Statham, has publicly supported Duncan’s release from prison and the overturning of his conviction; so have family members of Haley’s father, Lloyd Donald Oliveaux, who died in 1996. They have excoriated the state’s tactics, claiming they repeatedly asked for a meeting with prosecutors to express their concerns, but never received a response.

Tew, who did not immediately respond to a request for comment on Monday, said at the April hearing that should the Supreme Court refuse to reinstate Duncan’s conviction, he would retry him, though he did not say what charge he might pursue.

When asked about the prospect of Duncan being retried for murder, Fabricant, the Innocence Project attorney, said, “If there is any sense of fairness and justice left, this should be the end of this case.”

In addition to the Innocence Project, Duncan’s legal team includes the Mwalimu Center for Justice in New Orleans and the Bryan Cave Leighton Paisner law firm in Atlanta.


The entire story can be read at:


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The Momentous  Louisiana Supreme Court Decision;


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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. 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. 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; 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;