Monday, February 28, 2011

HASSAN DIAB: LAST DITCH EFFORT BY DEFENCE LAWYER TO HAVE FRENCH HANDWRITING EXPERT'S EVIDENCE DISALLOWED AT EXTRADITION HEARING; THE OTTAWA CITIZEN;


"Bayne picked up on Maranger’s doubts about the Bisotti report and told the court Monday that Diab is in a Catch-22 situation with the handwriting because it would be accepted without question at a French trial.

He urged Maranger to “protect the liberty of this Canadian citizen against injustice.

“He can’t get it considered here; it won’t be considered in France,” added Bayne. “A judge cannot bury his had in the sand and say, ‘It’s not my problem’.”"

REPORTER CHRIS COBB; THE OTTAWA CITIZEN;

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"OTTAWA — Lawyers for accused terrorist Hassan Diab made a last-ditch effort Monday to get key handwriting evidence disallowed,"
the Ottawa Citizen story by reporter Chris Cobb published earlier today begins, under the heading, "Accused synagogue bomber Diab in a ‘Catch-22” with bad French evidence: defence lawyer."

"Justice Robert Maranger has already ruled that French handwriting evidence — dubbed the “smoking gun” by prosecutors — can be used in the extradition case against Diab." the story continues.

"But Maranger also said that he found the evidence “problematic” and “confusing” with “suspect conclusions,” but it would violate Canada’s extradition agreement with France if he imposed Canadian standards of evidence on its admissibility.

Diab’s lawyer Donald Bayne had called three internationally renowned experts who were all critical of a forensic report produced by French expert Anne Bisotti.

“When all is said and done, I find that the evidence amounted to very strong competing inferences which demonstrate some serious weaknesses in the Bisotti report but in truth fell short of a finding of manifest unreliability,” said Maranger.

“While I find the Bisotti report very problematic, very confusing, with conclusions that are suspect, I cannot say that it should be rejected out of hand based on the expert evidence,” the judge added.

Former University of Ottawa professor Diab is wanted by the French, who claim he was a key player in a terrorist bombing outside a Paris synagogue in 1980. They want the Lebanon-born Canadian citizen to stand trial in Paris on charges of murder and attempted murder.

The handwriting evidence compares a signature in a Paris hotel register with samples of Diab’s later handwriting.

The French say they match, but all of Bayne’s three experts said the analysis is incompetent.

Bayne picked up on Maranger’s doubts about the Bisotti report and told the court Monday that Diab is in a Catch-22 situation with the handwriting because it would be accepted without question at a French trial.

He urged Maranger to “protect the liberty of this Canadian citizen against injustice.

“He can’t get it considered here; it won’t be considered in France,” added Bayne. “A judge cannot bury his had in the sand and say, ‘It’s not my problem’.”

Crown lawyer Jeffrey Johnston, citing case history, said it isn’t the role of a Canadian extradition judge to consider foreign law and that under the Extradition Act, foreign justice systems must be presumed fair.

The case continues."


The story can be found at:

http://www.ottawacitizen.com/news/Accused+synagogue+bomber+Diab+Catch+with+French+evidence+defence+lawyer/4361482/story.html


PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

ANTHONY GRAVES; (TEXAS); EXONERATED MAN LAUNCHES LAW SUIT AIMED AT HELPING HIM GET COMPENSATION; THE ASSOCIATED PRESS; MUST SHOW "ACTUAL INNOCENCE."

"Anthony Graves filed a lawsuit Monday asking a state district court in Travis County for an order proclaiming his innocence in the 1992 slayings of six family members outside Houston.

The 45-year-old Graves can't collect nearly $1.4 million in state compensation even though a special prosecutor ruled in October that he wasn't guilty. That's because documents submitted to the Texas comptroller lack the words "actual innocence."

THE ASSOCIATED PRESS;

The document filed in court can be read in its entirety at the following site:

http://blogs.chron.com/newswatch/2011/02/anthony_graves_petition.html
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"AUSTIN, Texas — A man denied state compensation even though he was exonerated of capital murder is seeking a court order that could help him get the money,"
the Associated Press story filed earlier today under the heading, "Exonerated man asks court to proclaim innocence," begins.

"Anthony Graves filed a lawsuit Monday asking a state district court in Travis County for an order proclaiming his innocence in the 1992 slayings of six family members outside Houston," the story continues.

"The 45-year-old Graves can't collect nearly $1.4 million in state compensation even though a special prosecutor ruled in October that he wasn't guilty. That's because documents submitted to the Texas comptroller lack the words "actual innocence."

The lawsuit names Texas Attorney General Greg Abbott, the state's chief law enforcement officer, as the defendant. It says Graves believes the comptroller's office made an "honest error" that can be corrected with the court order."


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The post can be found at:

http://www.statesman.com/news/texas/exonerated-man-asks-court-to-proclaim-innocence-1287921.html

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: SENATE COMMITTEE CONFIRMS BRADLEY AS CHAIR OF FORENSIC SCIENCE COMMISSION. (4-2) PEGGY FIKAC; MY SAN ANTONIO;


"Among other points, Bradley has been criticized by some for calling Willingham a “guilty monster.”

Bradley showed no second thoughts over that comment today and said he has worked to bring certainty to the process with specific written policies and procedures about accepting and screening case and putting in place definitions of negligence and misconduct.

The prosecutor said his “guilty monster” comment was a reaction to advocacy groups that he contended were misleading the public about the purpose of the commission reviewing the Willingham case, which he emphasized was to investigate the science, not show guilt or innocence."

POSTED BY PEGGY FICAK; MY SAN ANTONIO;

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BACKGROUND: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses were suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

For an important critique of the devastating state of arson investigation in America with particular reference to the Willingham and Willis cases, go to:

http://smithforensic.blogspot.com/2011/01/fire-investigation-great-read-veteran.html
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"The Senate Nominations Committee was treated today to a dustup between Sen. Rodney Ellis, D-Houston, and Forensic Science Commission chairman John Bradley during Bradley’s confirmation hearing today,"
the My San Antonio post by Peggy Fikac published earlier today under the heading, "Committee recommends Bradley be confirmed, 4-2," begins.

"Bradley’s appointment by GOP Gov. Rick Perry was under consideration by the committee, which ended up recommending confirmation to the full Senate with a 4-2 vote along party lines. Ellis isn’t a committee member, but was allowed to ask questions by senatorial courtesy,"
the post continues.

"Bradley, the tough-on-crime Williamson County prosecutor, was questioned repeatedly by Ellis over criticism that the commission under his leadership has sought to evade public scrutiny and has not worked as quickly as it should have on cases including the high-profile case of Cameron Todd Willingham.

Willingham was executed in 2004 in the arson deaths of his children. Perry refused to delay his execution and has since refused to release the clemency report he received before it was carried out. Serious questions have been raised about the arson evidence.

Among other points, Bradley has been criticized by some for calling Willingham a “guilty monster.”

Bradley showed no second thoughts over that comment today and said he has worked to bring certainty to the process with specific written policies and procedures about accepting and screening case and putting in place definitions of negligence and misconduct.

The prosecutor said his “guilty monster” comment was a reaction to advocacy groups that he contended were misleading the public about the purpose of the commission reviewing the Willingham case, which he emphasized was to investigate the science, not show guilt or innocence.

Bradley also suggested that Ellis’s position as chairman of the Innocence Project presents a conflict with his senatorial duty to “perhaps” look at things in “a more neutral light.”

Ellis asked whether Bradley has a conflict as a prosecutor, saying, “After all, you are John Bradley, God’s gift to us.”

Bradley said Ellis’s sarcasm is “evidence of your bias.”

Ellis said he keeps an open, but but that he’d be hard-pressed to vote to confirm Bradley, whose current term ends in a few months.

The two said they’ve known each other for about two decades.Bradley is a former general counsel for the Senate Criminal Justice Committee."

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The post can be found at:

http://blog.mysanantonio.com/texas-politics/2011/02/committee-recommends-bradley-be-confirmed-4-2/

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com

CHARLES SMITH; (PART 7); VICTIM IMPACT STATEMENT SERIES: "A TRAGIC LEGACY." (PROFESSIONAL MISCONDUCT HEARING); WILLIAM MULLINS-JOHNSON;


"I am further frustrated and angered that Charles Smith has never been held accountable for his actions and it does not matter at this point what punitive action the College takes he is virtually getting away with the destruction of numerous lives with no consequences at this late stage of his career.

I was held accountable for things that didn't even happen."

VICTIM IMPACT STATEMENT: WILLIAM MULLINS-JOHNSON;

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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent. Before striking him from the College Register, the College received six victim impact statements which are being published in their entirety on this Blog over a series of posts. These statements provide extraordinary insight into the harm caused to the victims by Smith, his protectors in the Chief Coroner's office, the College, the Hospital for Sick Children in Toronto, and all of the other individuals and institutions who failed to stop Smith when they had a chance.

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BACKGROUND OF THE CASE: William Mullins-Johnson was wrongfully convicted of killing his four-year-old niece because of testimony by now disgraced pathologist Charles Smith. He was awarded $4.25 million in compensation by the Government of Ontario. Mr. Mullins-Johnson spent 12 years in prison after he was convicted in 1994 on evidence from the doctor that suggested he had raped and strangled his niece, Valin.
William Mullins-Johnson was exonerated by the Ontario Court of Appeal in October, 2007, after it was determined the child died from natural causes. In overturning Mullins-Johnson's conviction, the court found there was no evidence he was guilty of any crime. (Attorney General) Chris Bentley apologized to Mullins-Johnson for a "miscarriage of justice." "On behalf of the government of Ontario, I offer my deepest and most sincere apologies to Mullins-Johnson and his family for the miscarriage of justice that occurred and the pain they had to endure. Mullins-Johnson has been working hard to rebuild his life and we wish him well as he continues that process," Bentley said in a statement.

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VICTIM IMPACT STATEMENT; WILLIAM MULLINS-JOHNSON;

"I don't know where to begin," the statement begins.

"I can't submit an accurate impact statement on such a short notice. Less than 24 hours is too short a time to prepare such a statement," it continues.

"It is difficult to describe the last 18 years of living a nightmare. My reputation was tarnished so badly that I was branded a child molester and child killer. There is nothing worse than that. When I was sentenced to life imprisonment, I was forced to live under the daily threat of death.

The dynamics of my family has changed to the point that it may never be reconciled. My family turned their back on me because of the accusation. My niece was coerced by the Children's Aid Society (CAS) which helped make this a child molestation case. I am still on the CAS registry as a child molester. I am going to have to fight for years to have my name removed if it ever gets removed.I will be living under scrutiny by CAS for the rest of my life. And that is the part that makes it most invasive. I am further frustrated and angered that Charles Smith has never been held accountable for his actions and it does not matter at this point what punitive action the College takes he is virtually getting away with the destruction of numerous lives with no consequences at this late stage of his career.

I was held accountable for things that didn't even happen. On the other hand, he was allowed to practice unsupervised by the College and Sick Children's Hospital. His own professional training did not merit such a post which should have been looked into at the time of his hiring. Clearly, he did not have the credentials to perform that job.

In closing, I am still humiliated by the fact that I will never see justice done. My name and that of my family will forever be linked to Charles Smith in such a horrible situation, a situation that could have been prevented if people had been looking over his shoulder. If there had been due diligence and oversight.

Nothing that the College does now will ever rectify or smooth over what this man was allowed to do, t is way too late. There is no way to change what has happened and although Smith is at the centre of this madness, he was allowed to continue his reign of terror even after complaints had been registered.

The lack of oversight, supervision and accountability is shocking. How could he possibly have been elevated to such an important and crucial job in one of Canada's premiere and most respected hospitals without the proper qualifications? HOW?

If there were ever to be a trial I think that Smith would not be standing trial alone. He was not an island unto himself."


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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com

Sunday, February 27, 2011

CAMERON TODD WILLINGHAM; SCIENCE COMMISSION CHAIR BRADLEY FACES SENATE NOMINATIONS COMMITTEE TOMMORROW. (FEBRUARY 28); UNANSWERED QUESTIONS; GRITS ;



"There are lots of unanswered questions for the committee to ask Mr. Bradley. He only talks to friendly media and limits his comments to tightly constructed political barbs instead of honest answers to legitimate questions, so there's a lot of untrod ground to cover. The Dallas News published a list of written questions he repeatedly refused to answer, for example, on the grounds that they sounded like they came from a "New York lawyer." I supplied satirical responses on Bradley's behalf.

They could also check with members of the House Public Safety Committee, who asked Bradley to appear to answer questions but were snubbed with a no-show. There are plenty of unanswered questions out there if they start looking, and the nominations process would be a good place, finally, to get responses........."

GRITS FOR BREAKFAST; "Grits for Breakfast says it "looks at the Texas criminal justice system, with a little politics and whatever else suits the author's (Scott Henson) fancy thrown in. All opinions are my own. The facts belong to everybody." Its motto: "Welcome to Texas justice: You might beat the rap, but you won't beat the ride."

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BACKGROUND: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses were suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

For an important critique of the devastating state of arson investigation in America with particular reference to the Willingham and Willis cases, go to:

http://smithforensic.blogspot.com/2011/01/fire-investigation-great-read-veteran.html

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"Governor Rick Perry's appointees to the Texas Forensic Science Commission are up in the Senate Nominations Committee tomorrow," the Grits for Breakfast post published earlier today under the heading, "Questioning John Bradley: Forensic Science Commissioners up in Senate Nominations tomorrow," begins.

"Senators should use the forum to force Commission Chairman John Bradley to answer all the questions he's dodged in the past - especially about the ways in which he's delayed or shut down all the Commission's activities after his appointment in 2009," the post continues.

"The other commissioners who are up IMO have done a good job; even if I haven't always agreed with them on every jot and tittle, I've never once thought they were acting in bad faith. That hasn't always been true of the chair.

There are lots of unanswered questions for the committee to ask Mr. Bradley. He only talks to friendly media and limits his comments to tightly constructed political barbs instead of honest answers to legitimate questions, so there's a lot of untrod ground to cover. The Dallas News published a list of written questions he repeatedly refused to answer, for example, on the grounds that they sounded like they came from a "New York lawyer." I supplied satirical responses on Bradley's behalf.

They could also check with members of the House Public Safety Committee, who asked Bradley to appear to answer questions but were snubbed with a no-show. There are plenty of unanswered questions out there if they start looking, and the nominations process would be a good place, finally, to get responses.

Regular readers will recall Bradley's first official act as chairman was to unilaterally shut down a long-scheduled hearing to evaluate arson science used in the Todd Willingham and Ernest Willis cases, a move which was widely interpreted as an effort by Bradley and the Governor to improperly delay an inquiry into faulty forensics used to justify putting Mr. Willingham to death until after the November 2010 elections. After Bradley made the rounds in the media calling Willingham a "guilty monster," he was scolded by other commissioners at an FSC meeting, where "six of the seven other commission members present at the meeting voiced disapproval or discomfort" with Bradley's statements. (When commissioners finally heard the expert testimony earlier this year, it was brutally damning.)

Having shut down not just commission investigations but a series of planned educational events, Bradley proceeded to railroad through a set of policies and rules at the next commission meeting, leaving all pending business off their agenda and giving commissioners only a single day after receiving a draft to vote on them. After wasting a full meeting securing votes for these policies, he pointed out that the AG advised the FSC has no rulemaking authority and that the rules and policies they'd just approved were only nonbinding guidelines that did not in any way restrain the commission. So in effect, Mr. Bradley stopped all the agency's productive activities to waste time debating and voting on policies he knew the agency had no authority to enact. In a post evaluating the Chairman's performance at that meeting, Grits accused Bradley of "Usurping power from commissioners," "Hijacking the meeting agenda," "Concealing key activities from commissioners," Wasting commissioners time," "Ignoring 'process'," and "Dissembling." I doubt any neutral observer who watched his bullying performance would disagree.

The only case the Commission has voted to accept since Mr. Bradley came onboard involved allegations against the Austin PD crime lab that several outside entities have already looked into and determined to be unfounded. I attended the screening committee meeting involving the case, where Dr. Nizam Peerwani, a medical examiner from Fort Worth who will also face the Nominating committee tomorrow, strongly argued that the case had no merit and the FSC shouldn't waste its time. But, as Grits then reported, "Bradley said the Commission needn't only be the bearer of 'bad news,' and that it would be worthwhile to 'deliver a positive message' to accredited labs that affirmed the value of their work." He also made a very legalistic argument: That the screening committee should only determine whether the elements of the complaint met the minimal threshold for consideration by the committee, but insisted they should not evaluate the merits. Peerwani's opinion that the complaint was meritless, said Bradley, was appropriate for discussion with the full board, but shouldn't be a consideration at the level of the Complaint Screening Committee (one of several committees created under the chairman's above-described policies and rules). Peerwani demurred, declaring his intention to recommend against investigating the case, and gave an "Aye" vote to allow consideration by the full Commisssion.

At the meeting where the FSC took up the case, though, Dr. Peerwani could not attend because he was required to testify in court back in Fort Worth. Bradlley promoted taking up the Austin case for the same reasons suggested at the Complaint Screening Committee, sending a positive message, etc., but did not tell his fellow commissioners about Dr. Peerwani's objections! As Grits reported, "Peerwani's rather strong objections to spending resources on the Austin case weren't voiced in absentia when it was discussed on Friday. Instead, his Aye vote at the screening committee was portrayed as an endorsement that the FSC investigate, which was the opposite of my impression from my memory and notes. Be that as it may, the case has been delegated to an investigative committee whose first meeting date has not been announced." I think the committee should ask Dr. Peerani about his opinions on the Austin case and then compare it to the record from the January FSC meeting where Bradley laid out the Screening Committee's recommendation. (If they need it, the national Innocence Project recorded video of the meetings.). The episode was an example in microcosm of how the chairman has run the committee: Saying whatever he needs to to get his way, even to the point of transparently misrepresenting facts or the opinions of others.

Besides questioning Bradley on efforts to deflect and distract the Commissioners from productive consideration of forensics (their mission), his politicized budget and hiring decisions deserve close review. Bradley has insisted on pushing through the creation of a General Counsel position from the Commission's limited budget, despite the fact that the Attorney General was already providing those services for free. The problem: The AG was giving advice that would allow investigations to go forward that Bradley wanted to shut down. The AG lawyer advising the FSC has always said they have authority to investigate cases like Willingham, Brandon Moon, and others dating from before when accreditation was required, but Bradley has requested a formal AG opinion seeking to overrule that advice. That's the context in which I view the creation of this unneeded General Counsel slot at the FSC: The chairman seems to be shopping for a lawyer who will give him the advice he wants for political reasons instead of a legal interpretation that's correct, and if he can't get that from an AG lawyer he'll seek to replace her with an attorney who reports directly to him. Plus, the tactic has the added benefit of bleeding scarce funds available for investigations, which he clearly wants to stymie, anyway.

Otherwise, hiring an attorney as the main staffer at the FSC would be an odd choice since a lawyer gives the commission no expertise at its main task of evaluating forensics and the salary diverts money that otherwise would have been used for functions that get more directly at the Commission's core mission. The General Counsel slot was created in January using monies that remain unspent mostly because the chairman shut down all the FSC educational events and investigations during calendar year 2010. But there's no money in their budget for the position, and in fact both HB 1 and SB 1 - the House and Senate budgets - would reduce the FSC's budget by roughly the amount of the new General Counsel's salary. Leaving ideology aside, that's just poor management.

Finally, there's the chairman's assiduous penchant for secrecy, violating the open meetings act at his first meeting as chair and seeking to close FSC deliberations and records to the public at every possible turn, a tactic which was rebuffed by his fellow commissioners.

Speaking of whom, I think the other commissioners should be asked their opinion of Mr. Bradley's performance, his proposals for conducting business in secret, his insistence on revisiting past AG advice and commission decisions on jurisdiction, the propriety of conclusory statements on the Willingham case, etc.. Perhaps most importantly: Ask Bradley's fellow FSC commissioners if they should be allowed to select their own chair from among their number instead of having the Governor pick? I guarantee the FSC would run a lot less contentiously and get a lot more accomplished if the majority on the commission were allowed to select their own chair. Bradley's shenanigans have alienated just about everybody who's witnessed them."

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The post can be found at:

http://gritsforbreakfast.blogspot.com/

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

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CHARLES SMITH; (PART 6); VICTIM IMPACT STATEMENT SERIES: "A TRAGIC LEGACY." (PROFESSIONAL MISCONDUCT HEARING); CM;


"I have not been able to find steady work. I am living below the standard of living.

I never had the opportunity to further my education and have no idea of what I could have become.

My family has also suffered. My parents were the ones to discover me and my brother and sister were too young to deal with this tragedy."

VICTIM IMPACT STATEMENT: CM;

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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent. Before striking him from the College Register, the College received six victim impact statements which are being published in their entirety on this Blog over a series of posts. These statements provide extraordinary insight into the harm caused to the victims by Smith, his protectors in the Chief Coroner's office, the College, the Hospital for Sick Children in Toronto, and all of the other individuals and institutions who failed to stop Smith when they had a chance.

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BACKGROUND OF THE CASE: A manslaughter charge was dropped in December 2010 in an Oshawa, Ont., court against a woman known as C.M., who said she had no choice but to plead guilty at her original trial to killing her baby based on Smith's faulty findings. Ontario's top court quashed her conviction in October and ordered a new trial. C.M.'s lawyer has described her as a frightened young woman who didn't know she was pregnant when she gave birth in the bathroom of her home in 1992. C.M. maintained the baby was stillborn, but said it "seemed like the only thing to do was to plead guilty" due to Smith's stellar reputation at the time as a pediatric forensic pathologist. Information from the Canadian Press.

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VICTIM IMPACT STATEMENT; CM;

"Being wrongly convicted of a crime has been very difficult for me. I have suffered from almost 20 years of depression," the statement begins.

"I have not been able to find steady work. I am living below the standard of living,"
it continues.

"I never had the opportunity to further my education and have no idea of what I could have become.

My family has also suffered, My parents were the ones to discover me and my brother and sister were too young to deal with this tragedy.

I am happy that my conviction was absolved and I look forward to the future."

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com

Saturday, February 26, 2011

CHARLES SMITH; (PART 5); VICTIM IMPACT STATEMENT SERIES: "A TRAGIC LEGACY." (PROFESSIONAL MISCONDUCT HEARING); TAMMY MARQUARDT;


"I have suffered from deep bouts of depression, anger, bitterness and I often wondered if I would ever be able to find the joy and laughter I once knew as a young mother.

The heartbreak and pain of losing Kenneth was so unimaginable but to be declared his murderer has unrelentingly tortured my mind and the depths of my soul.

The truth didn't seem to matter and even my own family chose to believe your expert opinion."

VICTIM IMPACT STATEMENT: TAMMY MARQUARDT;

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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent. Before striking him from the College Register, the College received six victim impact statements which are being published in their entirety on this Blog over a series of posts. These statements provide extraordinary insight into the harm caused to the victims by Smith, his protectors in the Chief Coroner's office, the College, the Hospital for Sick Children in Toronto, and all of the other individuals and institutions who failed to stop Smith when they had a chance.

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BACKGROUND OF THE CASE: The Ontario Court of Appeal quashed the murder conviction of the Toronto mother who was imprisoned for life on the basis of flawed testimony from pathologist Charles Smith in February, 2011. “We recognize this has been a terrible ordeal for you and it’s tragic it has taken so long to uncover the flawed pathology that led to your conviction in 1995,”Justice Marc Rosenberg told Tammy Marquardt Thursday morning. “We agree … there was a miscarriage of justice,” Rosenberg said on behalf of a three-judge panel. The 38-year-old Scarborough native spent nearly 14 years in prison after being convicted of murdering her 2-year-old son, Kenneth Wynne. While other victims of Smith’s mistakes have since been acquitted, Marquardt’s “dilemma” is that fresh evidence in her case only allows a court to go as far as ordering a new trial, Lockyer told the court. The evidence is still ambiguous about how the child died but strongly suggests he died as a result of an epileptic seizure, Lockyer said. In his short life, Kenneth had suffered from asthma and pneumonia and had been treated for seizures eight times. Smith opined the cause of death was asphyxia, likely the result of smothering or suffocation. That remains a possibility, given an absence of hard evidence about why Kenneth died, the appeal court was told on Thursday. At the same time, two neurologists from the Hospital for Sick Children who independently examined the boy’s medical records found his demise was consistent with a sudden unexplained death from epileptic seizure. While three-judge panel set aside Marquardt’s conviction, the Crown has not indicated whether it intends to proceed with a new trial. The court, meanwhile, extended Marquardt’s bail. The appeal court decision came after forensic experts reviewed the conclusions of the former pediatric pathology superstar and found them illogical and “completely” unscientific. Smith’s evidence dovetailed with the Crown’s theory at the time, that Marquardt had suffocated Kenneth in a moment of anger and frustration. But he was wrong in supporting the Crown’s theory and his testimony denied the jury the option of concluding the child had instead died as a result of a seizure, Crown counsel Gillian Roberts told the court. Marquardt said she found him twisted up in bed sheets and obviously distressed. He was taken to hospital, but died three days later, after being taken off life support. Nearly two years ago, Marquardt was released on bail. She had been incarcerated in the Grand Valley women’s prison in Kitchener. Kenneth died 17 years ago, in October, 1993. Her other sons, who she named Keith, now 16, and Eric, 14, live somewhere in Canada, but never had further contact with their mother.

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VICTIM IMPACT STATEMENT: TAMMY MARQUARDT;

"To be accused and convicted of the murder of Kenneth was the beginning of my nightmare," the statement begins.

"A nightmare that just got worse and seemingly unending as i entered into the harsh and unnerving Canadian penal system," it continues.

"Prison became my reality for the next 13 years. I woke up each day to prison's unpredictable craziness, endured the taunting, name calling and death threats and went to bed each night wondering whether my two sons were in good and loving homes. Were they healthy, happy and doing well in school? I starved for news of them but none came. And so, when I wasn't dealing with the cold, dankness and inhumanity of prison I hoped that someone, anyone would believe me and that I would be exonerated and free. I prayed, oh how, I prayed that I would be granted one more miracle, being united with my boys.

I have suffered from deep bouts of depression, anger, bitterness and I often wondered if I would ever be able to find the joy and laughter I once knew as a young mother.

The heartbreak and pain of losing Kenneth was so unimaginable but to be declared his murderer has unrelentingly tortured my mind and the depths of my soul.

The truth didn't seem to matter and even my own family chose to believe your expert opinion.

There is nothing that can be done to erase the horror of losing a child and years of imprisonment. I wish there was. I wish an apology from you would be the magically cure but although it would be comforting to know that you are sorry for the devastation you have caused, it would not and could not stop the longing for the return of Kenneth and his two brothers."


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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com

Friday, February 25, 2011

DUANE DEAVER: DISCREDITED BLOOD-SPLATTER EXPERT SEEN AS SETTING OFF "A LAND MINE: IN NORTH CAROLINA'S FORENSIC BUREAU AND COURTS; CHARLOTTE OBSERVER



"Deaver, 51, has become the public face of an agency rocked by accusations of widespread mishandling of evidence. For 22 years, he trained the agency's bloodstain pattern analysts and led that unit, which was suspended last summer by Attorney General Roy Cooper because of questions about its work. Deaver has acknowledged not reporting key blood evidence to prosecutors in the case of Greg Taylor, a Wake County man who spent 17 years in prison for murder before being exonerated last year...

"Deaver was fired in January. Independent auditors found he withheld testing results; a commission investigating an innocence claim says he lied to their members, and defense lawyers say he has helped manipulate evidence to bolster prosecutors' cases.

The effects of Deaver's shattered credibility will likely be felt far and wide, forcing some district attorneys to revisit cases long settled or hamstringing prosecutors in cases that haven't yet reached a jury.

"It creates a huge problem for every case that [Deaver] touched," said Jessica Smith, an expert on witness issues at the School of Government at the University of North Carolina at Chapel Hill.

In Durham, Peterson, a novelist convicted of beating his wife to death, is asking for a new trial, saying jurors had been wrongly led to believe that Deaver was a stand-up guy who would tell the truth about his interpretations of bloodstain patterns. In Wake County, prosecutors will have to figure out what to do about Deaver's bloodstain pattern analysis in the 2006 death of Michelle Young, a pregnant woman whose husband, Jason Young, is expected to be tried for her killing in May."

REPORTER MANDY LOCKE: CHARLOTTE OBSERVER;

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BACKGROUND: Former agent Duane Deaver was at the center of Michael Peterson's 2003 trial. Deaver, a veteran bloodstain pattern analyst, linked Peterson to the murder of his wife, Kathleen, saying that bloodstains on the stairwell and Peterson's clothes helped prove that he assaulted her with a fireplace poker. But in the eight years since, Deaver has fallen from star witness to an agent accused of hiding or manipulating evidence to ensure a win for prosecutors. He has been blamed for withholding critical blood evidence in the case of Greg Taylor, a Wake County man exonerated last year. An audit of the SBI's serology unit found more than 30 cases by Deaver with similar patterns.

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"Every case former State Bureau of Investigation Agent Duane Deaver touched is now a potential land mine for the bureau - and the courts,"
the Charlotte Observer story by reporter Mandy Locke published on February 21, 2011 begins, under the heading, "Discredited SBI analyst leaves old cases in doubt."

"Last week, the first in an expected wave of challenges hit the courts when a lawyer for Michael Peterson sought to discredit Deaver's extensive testimony from a 2003 trial," the story continues.

"Deaver was fired in January. Independent auditors found he withheld testing results; a commission investigating an innocence claim says he lied to their members, and defense lawyers say he has helped manipulate evidence to bolster prosecutors' cases.

The effects of Deaver's shattered credibility will likely be felt far and wide, forcing some district attorneys to revisit cases long settled or hamstringing prosecutors in cases that haven't yet reached a jury.

"It creates a huge problem for every case that [Deaver] touched," said Jessica Smith, an expert on witness issues at the School of Government at the University of North Carolina at Chapel Hill.

In Durham, Peterson, a novelist convicted of beating his wife to death, is asking for a new trial, saying jurors had been wrongly led to believe that Deaver was a stand-up guy who would tell the truth about his interpretations of bloodstain patterns. In Wake County, prosecutors will have to figure out what to do about Deaver's bloodstain pattern analysis in the 2006 death of Michelle Young, a pregnant woman whose husband, Jason Young, is expected to be tried for her killing in May.

Deaver, 51, has become the public face of an agency rocked by accusations of widespread mishandling of evidence. For 22 years, he trained the agency's bloodstain pattern analysts and led that unit, which was suspended last summer by Attorney General Roy Cooper because of questions about its work. Deaver has acknowledged not reporting key blood evidence to prosecutors in the case of Greg Taylor, a Wake County man who spent 17 years in prison for murder before being exonerated last year.

Deaver's attorneys defend his work and will contest his termination.

"We believe Duane is the subject of a miscarriage of justice," said Philip Isley, Deaver's attorney, who said that Deaver had been maligned for following his bosses' orders and agency policies.

Isley said that he hopes the Attorney General's Office will defend Deaver's work and that Deaver will assist if he is asked.

Beyond Deaver

Deaver's demise began last February, during the exoneration hearing of Taylor, who was wrongly convicted of murder in 1993. At the hearing, Deaver acknowledged to a trio of judges that he had not told prosecutors in 1991 that sophisticated blood tests he performed suggested there was no blood on the suspect's SUV. Jurors were repeatedly told in Taylor's 1993 trial that blood was found on his vehicle.

Deaver also testified that he was doing what his bosses told him to do.

Cooper, who oversees the SBI, ordered an audit of the lab's serology unit. Two former FBI officials pinpointed 229 cases involving faulty reporting of blood evidence. The cases deemed most egregious were handled by Deaver. All told, he was involved in 33 cases identified in the audit as requiring new review.

Branny Vickory, district attorney for Wayne County, expects at least one of those long-resolved cases in the audit to come before a judge.

Marcus Carter is in prison for life for a 1989 murder and attempted rape in Goldsboro. Carter was initially sentenced to death, but Gov. Jim Hunt commuted his sentence to life in 2000 amid concerns about the fairness of his trial.

According to the audit, Deaver's former co-worker, Brenda Bissette, handled the serology work in Carter's case, which auditors found failed to reveal a negative result on a confirmatory blood test. Bissette no longer works for the SBI.

Vickory anticipates questions of credibility to arise in cases pinpointed by the audit, and not just about Deaver.

Vickory said the Attorney General's Office has offered no guidance about how to handle questions of credibility that will be raised about Deaver and his former co-workers. He said he hopes that will come.

A broad reach

Deaver was prolific.

He joined the SBI out of college in 1987 and spent his entire career working at the SBI, hop-scotching from jobs in the serology unit to head of the bloodstain pattern analysis program. In recent years, he worked as a criminal profiler, helping local law enforcement officers come up with a psychological profile of a criminal capable of committing certain crimes. He also coordinated training for agents.

And, his legacy reached further than the cases he actually worked. Deaver trained all SBI agents and analysts the agency assigned to conduct bloodstain pattern analysis. Five other agents still employed by the SBI were available to analyze blood patterns at crime scenes as of August.

For 21 years, until 2009, that program operated with no policies or procedures.

Cooper, the attorney general, suspended the program in July, days after SBI leaders were confronted with questions about the program by The News & Observer.

"I was concerned about the potential of influence of prosecutors on the opinions of some SBI agents regarding the science," Cooper said in September. He said he would keep the program out of commission until he was satisfied that their work is scientific and unbiased. SBI Director Greg McLeod said that the SBI is still reviewing the bloodstain program and hasn't yet decided whether or when they will restart it.

Freezing that program left prosecutors in 29 cases in a particularly difficult position. The SBI provided the number of bloodstain pattern cases by district but declined to provide information about those cases. The bureau also declined to provide a list of Deaver's cases that are still pending.

Big case in Wake

If prosecutors try to use bloodstain pattern evidence at trial, they will likely face a barrage of questions about the validity of the science and the SBI's qualifications to administer it. For those cases involving Deaver, prosecutors could have an even bigger fight.

Howard Cummings, senior assistant district attorney in Wake County, said he's unsure how he will handle Deaver's involvement in the Young case and hadn't yet made any determinations about how critical it is to their case. Defense attorneys for Jason Young declined to comment.

Michelle Young was found in a pool of blood in her home in southern Wake County in 2006. Her 2-year-old daughter, who was unhurt, tracked through her mother's blood and left footprints through the house.

Investigators have said in search warrants that a footprint matching shoes Jason Young owned was also at the house. It took investigators three years to build their case and arrest Young in his wife's slaying.

Smith, the witness expert, said prosecutors across the state will likely avoid bringing Deaver into court as a witness, hoping to avoid assaults on his credibility. Cummings, the prosecutor, declined to say what he would do in the Young case.

But substituting another expert could also be a challenge.

The Constitution says that defendants have a right to confront witnesses at trial. North Carolina courts have typically held that if the original forensic expert is unavailable, the replacement must do more than simply sign off on the first analyst's reports.

If that means the substitute expert must perform his own analysis, that promises to be a costly and complicated affair in bloodstain pattern analysis.

"It's a daunting task to look at an old case," said Stuart James, a nationally renowned bloodstain pattern analyst who consults on many post-conviction cases. "The scene isn't available, and you have to rely on another person's documentation. And, if their credibility is in question, you have to take that into consideration, too."

The Peterson case

In preparation for Peterson's 2003 trial, Deaver's work was extensive. He slammed bloody plastic foam mannequin heads against a wooden chair to study how the blood spread.

For the trial, he built a small replica of the Petersons' staircase to explain his theory that Peterson beat his wife with a blow poke before she hit her head on the stairs. He constructed diagrams of the scene and blood-stained poster boards and paraded them before jurors.

Deaver also studied Peterson's clothes. He told jurors that stains on Peterson's shorts suggested he had beaten her to death before she fell.

He was on the witness stand for eight days.

News researcher Brooke Cain contributed to this report."


Read more: http://www.newsobserver.com/2011/02/21/1003842/doubt-spatters-old-cases.html#ixzz1EyuzGvnv

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The story can be found at:

http://www.newsobserver.com/2011/02/21/1003842/doubt-spatters-old-cases.html
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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CHARLES SMITH; (PART 4); VICTIM IMPACT STATEMENT SERIES: "A TRAGIC LEGACY." (PROFESSIONAL MISCONDUCT HEARING); MARIA SHEPHERD


"o: I was forced to plead guilty to killing Kassandra, otherwise, I would never be with my other children again;

0: I was subjected to numerous death threats and labels of the "baby killer";

0: I did not see my children while I was in Detention as I refused to let me be exposed to seeing me behind Plexiglas's.;

0: I was subjected to protective custody at Metro West Detention Centre, but later had to waive my right to protective custody so that I may transfer to Vanier into general population and be at the institution closest to my children.

0: I was pregnant during my prison term and delivered Chantal very shortly after my release from prison into Ellen House )half-way house.........

Although anger and resentment are indicated in my letter - I do want Charles Smith to know that he was never God, never will be God, but rather that he will meet God one day as he so wishes."

VICTIM IMPACT STATEMENT: MARIA SHEPHERD;

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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent. Before striking him from the College Register, the College received six victim impact statements which are being published in their entirety on this Blog over a series of posts. These statements provide extraordinary insight into the harm caused to the victims by Smith, his protectors in the Chief Coroner's office, the College, the Hospital for Sick Children in Toronto, and all of the other individuals and institutions who failed to stop Smith when they had a chance.

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BACKGROUND OF THE CASE: An overview of the Kassandra case prepared by Commission staff informs us that Kassandra was born in Mississauga on December 15, 1987; Kassandra's parents lived together in a common law relationship at the time of her birth; They separated in June 1988 when Kassandra was six months old. Kassandra died on April 11, 1991, at the Hospital for Sick Children in Toronto. Kassandra was three and a half years old and was living with her father and stepmother, Maria, in Brampton,Ontario, at the time of her death. Criminal proceedings were initiated against Kassandra's stepmother. The criminal proceedings concluded on October 22, 1992, when Maria pleaded guilty to manslaughter and was sentenced to two years less a day. Maria was paroled on June 21, 1993; The Peel Children's Aid Society became involved with Kassandra in July 1989. A Coroner's inquest was held into Kassandra's death in 1997; The former Dr. Smith reported that he had found a "donut-shaped" hemorrhage on Kassandra's scalp during the post-mortem examination; After observing the shape of the injury, he told the police to search Kassandra's home for rounded items such as a knob on a cupboard or something with a distinctive geometric shape that could have either a flat surface or a ring-shaped feature. The police took a woman's wrist-watch from Kassandra's home to Dr. Smith, who found it to be a good match for the injury. At the preliminary hearing in the case, Dr. Smith told the court that the configuration of the wristwatch was consistent with the configuration of the area of hemorrhage...It was therefor reasonable to conclude that the watch was responsible for the fatal blow to Kassandra's head. But Justice Goudge finds that "the method of interpretation was wrong" after noting that two of the independent experts testified at the Inquiry that Dr. Smith's overlay of the watch on to the scalp contusion was an incorrect and misleading approach to the interpretation of that wound. Justice Goudge also noted that although overlaying an object on to an injury might be useful in some circumstances - for example, where there is a patterned object and an external injury - it was in the deep tissues of the scalp, rather than the surface - and the presence of thick hair and scalp tissues altered the appearance of the injury, "making such a technique useless." "According to Dr. Pollanen, Dr. Smith's interpretation was really "a pseudoscientific wound-weapon matching analysis," wrote Goudge. "In this case, all that could be said from the scalp injury was that there was an impact of some sort. To suggest that a particular object caused the injury was misleading. Dr. Smith's suggestion to the police, made on superficial analysis, led to an improper, inaccurate, and misleading interpretation of the evidence. The suggestion should not have been given at all."

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VICTIM IMPACT STATEMENT; MARIA SHEPHERD;

"My name is Maria Shepherd. I am 40 years of age. My family and I are victims of the former Dr. Charles Smith," the statement begins.

"I am present today with two of my children, Jordan and Chelsea. This statement represents the horrific impact Charles Smith has made on my entire family and extended family since 1991,"
it continues.

"This is my first formal impact statement since the re-opening of my case in the death of my step-daughter Kassandra, in 1991. My silence is officially broken, only time will heal the wounds, but the memories will never be forgotten - both happy and sad. The story is too long to condense here, but this is a glimpse of the trauma that followed.

In 1991, I was only 21 years of age and a mother to Jordan (4 years), Kassandra (3 years) and Natasha (1 year) - by choice. i chose to be a parent and loved my life with my children more than anything else. I was very young, but I know that I did the best i could as a young parent to provide for and love my children.

Kassandra was my step-daughter, but what most people don't realize is that she was my first little girl. Regardless of the fact that I was not her birth-mother, never saw her as a step-child, but rather as if she were born to me. She was Jordan's best friend - Jordan was her big brother, with whom she sang, played and went to school with. Their favourite song was "U Bet". Both Kassandra and Jordan shared the excitement for the coming of their new sister. Kassandra later became a big sister to Natasha who was born on Valentine's Day in 199o. It was a joyous day of happness and celebration for everyone. The following year, they would again happily welcome Chelsea. Sadly, Kassandra was no longer with us when Chanel was born in 1993. Every year on Kassandra's birthday, we celebrate her life - we gather, sing her happy birthday and kiss her picture.

In 1990, Kassandra became more and more ill. My husband and I would seek the help of medical professionals to try and understand why she was so sick. Our experience with the hospital in Brampton, amongst other medical professionals brought no comfort or answers, but rather more confusion. Our family doctor was the one who cared the most and was the most genuine. It was him that told us to rush Kassandra to the hospital, where she would later pass away.

My family and I felt that we could trust anyone who practiced medicine. Unfortunately, the reality came and my fate was sealed when Charles Smith laid his hands on Kassandra to perform her autopsy. But little did Charles Smith know that, quietly in our prayers, we had hoped that Smith would be the one to explain how our beautiful Kassandra passed away - perhaps he could explain why she had been so sick for so long, vomiting, suffering, going blind, not being able to hold her head up or eat...It was because of him that my life and the lives of my family members would never be the same again.

0: I was charged with Manslaughter and my children removed from me and sent to live with my parents who were 56 at the time; they later would develop a (series) of medical conditions due to the stessors and magnitude of the circumstances;

0: My parents would have to use their home to secure my relief on over $20,000 bail. They would also later provide funding for my legal defence and investigators.

0: I was not able to see my children without an approved third party;

0: My family was subjected to random visits by the CAS:

o: I was forced to plead guilty to killing Kassandra, otherwse, I would never be with my other children again;

0: I was subjected to numerous death threats and labels of the "baby killer";

0: I did not see my children while I was in Detenton as I refused to let me be exposed to seeing me behind plexiglass.;

0: I was subjected to protective custody at Metro West Detention Centre, but later had to waive my right to protective custody so that I may transfer to Vanier into general population and be at the institution closest to my children.

0: I was pregnant during my prison term and delivered Chantal very shortly after my release from prison into Ellen House )half-way house);

0: Days after Chanel was born, CAS and a homicide detective would come to my apartment and take Chanel out of our arms and rush her to hospital because they suspected a marking at birth was a bruise, but it was normal - a mulatto spot.

0: My sister allowed me to live with her so that I could see the children;

0: My brother would move back to Ontario from Vancouver - so that I may reside in the home with the children;

0: My son's father would fight for custody of Jordan and used the strength of Charles Smith's evidence to get custody of Jordan;

0: It took approximately 3 years of family court hearings to get my children back;

0: My children, my husband and I have had and continue to have extensive emotional trauma.

In consideration of all the victims of Charles Smith, it is imperative of the College to impose the most severe penalties and sanctions against Charles Smith as is possible...

Furthermore, a finding of incompetence is just. Charles Smith himself admitted under oath that his training in child forensic Pathology was "woefully inadequate". How dare he undermine the very essence of what helps give people life, saves lives and studies to better the quality of life...

Charles Smith is a disgrace to the medical profession and to humanity itself. While I am confident that there are many doctors that have earned their right to exemplary work - it is unfortunate that that people like Charles Smith...have tainted this for the good medical professionals. Whether it was due to oversight or systemic flaws or just plain ignorance, these parties must not go without accountability.

Although anger and resentment are indicated in my letter - I do want Charles Smith to know that he was never God, never will be God, but rather that he will meet God one day as he so wishes."


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

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com

Thursday, February 24, 2011

CHARLES SMITH; (PART 3); VICTIM IMPACT STATEMENT SERIES: "A TRAGIC LEGACY." (PROFESSIONAL MISCONDUCT HEARING); BRENDA WAUDBY;


"Jenna Mellor, my angel, was murdered by her babysitter...Because of you I have to after 14 long painful years exhume Jenna to have her made whole...

What did I ever do to you? What did any of us do to you? You took it upon yourself to destroy my life. Perhaps you don't realize but by destroying my life you destroyed my children too. You also destroyed my mother who never got to see the real killer caught. She died in 2000."

VICTIM IMPACT STATEMENT: BRENDA WAUDBY;

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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent. Before striking him from the College Register, the College received six victim impact statements which are being published in their entirety on this Blog over a series of posts. These statements provide extraordinary insight into the harm caused to the victims by Smith, his protectors in the Chief Coroner's office, the College, the Hospital for Sick Children in Toronto, and all of the other individuals and institutions who failed to stop Smith when they had a chance.

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BACKGROUND OF THE CASE: It is clear from the evidence called at the Goudge inquiry that Brenda Waudby - an utterly innocent individual who's baby daughter had been murdered by her babysitter - had been required to plead guilty to a charge of child abuse under provincial legislation before the Crown would withdraw the the second-degree murder charge on the basis of medical opinions which showed she could not possibly have committed the crime. It is also clear that Dr. Charles Smith's opinion that there were injuries which preceded the attack on Baby Jenna - which led to her being wrongfully charged with murder - was also the basis for the provincial charge, along with what the police claimed to be a confession. Instead of receiving the sympathy and compassion she deserved as a grieving mother whose baby daughter had been murdered, Ms. Waudby, a grieving mother, was herself charged with the horrific crime and not surprisingly became a pariah in her community. Brenda Waudby has been given a raw deal by Ontario's criminal justice system. We can only hope that the Court will strike the plea that she felt compelled to make in the circumstances, allow her to call the fresh evidence which she says clears her of this offence, and go the rest of the distance necessary to fully clear her name.

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VICTIM IMPACT STATEMENT: BRENDA WAUDBY;

"Dr. Charles Smith. What can I say?," the statement begins.

"Your name in the 1090's spread fear into defence lawyers who were defending clients charged with killing their own babies,"
it continues.

"Your track record in the courts was impeccable. You were the best of the best. Tou were known as the "go to guy" in pediatric forensics. Defence lawyers were dealing clients because you were on the file. You were allowed to practice without consequence. Your boss promoted you as Canada's leading expert. Your practice continued into the 90's unchecked. No person or colleague wanted to challenge you as you were considered the best.

Jenna Mellor, my angel, was murdered by her babysitter...Because of you I have to after 14 long painful years exhume Jenna to have her made whole...

What did I ever do to you? What did any of us do to you? You took it upon yourself to destroy my life. Perhaps you don't realize but by destroying my life you destroyed my children too. You also destroyed my mother who never got to see the real killer caught. She died in 2000.

You show no remorse for what you have done. During the inquiry you gave an empty apology to us your victims, you have no idea of how we felt, nor do you care.

Justine, my oldest daughter, was sent away to live with strangers for 2 long years. This was two years of her life that we can never get back...(Her son) he also lived without his mother for the first 10 months of his life. He lived with his father and grandparents.

You cannot understand the name you have labeled us with. We were known as child killers in our communities. You have no idea how that feels. You have no idea how it feels to go in public and be embarrassed to say your name. You have no idea what it is like to walk down a street and be called a child killer. You have no idea what it is like to live in poverty because now I cannot get work because I have been labeled a child killer. You have no idea what it is like not to be able to participate in your children's school trips because you have been called a child killer. You have no idea what it is like for your children to have no friends because their parent has been called a child killer.

Truthfully Dr. Smith, i don't think you really care. I don't see you shedding any tears for us, your victims. The College cannot punish you enough for what you have done."

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com

Wednesday, February 23, 2011

HASSAN DIAB: HEARING RESUMES AS HIS LAWYER LAUNCHES A CHARTER CHALLENGE RELATING TO THE FRENCH HANDWRITING "EXPERT." OTTAWA CITIZEN;


"Donald Bayne intends to argue that it is unfair to use the French handwriting report in extradition proceedings against Diab since he will not be allowed to call his own defence experts to rebut the French handwriting findings should he stand trial in France. That would violate the Canadian Charter of Rights and Freedoms, Bayne said.

The French say Diab was a key player in a terrorist bombing outside a Paris synagogue in 1980 and want the Lebanon-born Canadian citizen to stand trial in Paris for murder and attempted murder.

The new legal challenge comes after a decision last week where Ontario Superior Court Justice Robert Maranger allowed the French handwriting evidence to remain in the case, despite his concerns that the French material was confusing and reached suspect conclusions."

REPORTER ANDREW SEYMOUR: OTTAWA CITIZEN;

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"OTTAWA — The lawyer for alleged synagogue bomber Hassan Diab plans a new legal challenge to throw out handwriting evidence that France says links the Ottawa university professor to a 1980 terrorist blast," the Ottawa Citizen story by reporter Andrew Seymour published earlier today begins, under the heading, "Accused bomber’s lawyer brings Charter challenge against French handwriting evidence in extradition case."

"Donald Bayne intends to argue that it is unfair to use the French handwriting report in extradition proceedings against Diab since he will not be allowed to call his own defence experts to rebut the French handwriting findings should he stand trial in France. That would violate the Canadian Charter of Rights and Freedoms, Bayne said," the story continues.

"The French say Diab was a key player in a terrorist bombing outside a Paris synagogue in 1980 and want the Lebanon-born Canadian citizen to stand trial in Paris for murder and attempted murder.

The new legal challenge comes after a decision last week where Ontario Superior Court Justice Robert Maranger allowed the French handwriting evidence to remain in the case, despite his concerns that the French material was confusing and reached suspect conclusions.

In his decision, Maranger said excluding the evidence would violate the Extradition Act if he imposed Canadian standards of evidence admissibility to foreign evidence. The law essentially requires Canadian judges in extradition proceedings to take foreign evidence at face value unless it’s plainly unreliable.

The judge also said that three competing opinions from defence handwriting experts about the reliability of French expert Anne Bisotti’s conclusions were a matter for trial and not the extradition hearing.

Federal prosecutors Claude LeFrançois and Jeffrey Johnston opposed Bayne’s latest motion Wednesday, arguing that there was no merit to it.

LeFrançois argued that the case has been dragging on for too long and there needed to a time limit for concluding arguments “to prevent this hearing from becoming another Schreiber.” (The extradition process for Karlheinz Schreiber, a businessman implicated in an ethics probe of former prime minister Brian Mulroney and wanted for tax evasion in Germany, lasted 10 years. Diab’s case has now stretched more than two years.)

“There has to be an end to this,” said LeFrancois.

Maranger said he will hear Bayne’s application on Monday and hoped all the arguments in the case would be completed by March 4."


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The story can be found at:

http://www.ottawacitizen.com/life/Accused+bomber+lawyer+brings+Charter+challenge+against+French+handwriting+evidence+extradition+case/4334316/story.html

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CHARLES SMITH; (PART 2); VICTIM IMPACT STATEMENT SERIES: "A TRAGIC LEGACY." (PROFESSIONAL MISCONDUCT HEARING); DINESH KUMAR;


"To be put in a position of accepting a plea bargain or standing trial with the chances of not only going to prison, but losing custody of Saurob, was more than my wife or I could bear. I worried what would happen to my young son and my wife who suffered so much already. She may never recover from the loss of another child. I have wrestled with that decision all these years but without knowing the language or understanding the criminal justice system I had no choice but to accept.

I continued to work providing for my family, but my wife and I who longed to have more children decided against it because we could no longer trust that this horror would not be repeated..."

VICTIM IMPACT STATEMENT; DINESH KUMAR;

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BACKGROUND: On February 1, 2011, the College of Physicians and Surgeons of Ontario found that Charles Smith had committed acts of professional misconduct and that he was incompetent. Before striking him from the College Register, the College received six victim impact statements which are being published in their entirety on this Blog over a series of posts. These statements provide extraordinary insight into the harm caused to the victims by Smith, his protectors in the Chief Coroner's office, the College, the Hospital for Sick Children in Toronto, and all of the other individuals and institutions who failed to stop Smith when they had a chance.

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BACKGROUND OF THE CASE: Dinesh Kumar was exonerated on January 11, 2011 - even though he had pleaded guilty in 1992 to criminal negligence causing his son Gaurov's death in order to avoid a murder conviction at the hands of the then revered Dr. Charles Randal Smith. The Crown joined with defence counsel in seeking the quashing of that conviction and a verdict of acquittal. This Blog ran a series of nine posts in May and June 2008 to highlight this tragic, disturbing case and see what could be learned from it. Justice was delayed so long for Mr. Kumar and his family. (Almost twenty years); They should have been treated with sympathy as mourning parents. Instead they were thrust into a hellish existence after Dr. Charles Smith became involved in their lives. Indeed, Justice Marc Rosenberg acknowledged the "terrible toll" the ordeal had exacted on Mr. Kumar and his family over almost twenty years - and said the Court understood why Mr. Kumar had felt compelled to plead guilty to a criminal offence he had not committed. The Court accepted the fresh evidence, quashed the conviction and entered an acquittal. The written decision has been published in full on the Charles Smith Blog. Along with Smith's all too many other victims Mr. Kumar and his family deserved much better from our criminal justice system. I wish them well.

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VICTIM IMPACT STATEMENT: DINESH KUMAR;

"My wife and I considered ourselves fortunate, from not only, finding employment and housing in a new country with our young son Saurob. But God's blessings seemed unending when we welcomed our new son, Gaurov, into the family,"
the statement begins.

"Our joy was only diminished by my wife's ill health but I was determined that my family would be well looked after both by my efforts and the expertise and excellent care of her doctors,"
it continues.

"Little could have prepared us for the unexpected and tragic death of our tiny son, but to be accused and charged with his death was horrifying and shocking. I was and remain a loving and caring father.

To be put in a position of accepting a plea bargain or standing trial with the chances of not only going to prison, but losing custody of Saurob, was more than my wife or I could bear. I worried what would happen to my young son and my wife who suffered so much already. She may never recover from the loss of another child. I have wrestled with that decision all these years but without knowing the language or understanding the criminal justice system I had no choice but to accept.

I continued to work providing for my family, but my wife and I who longed to have more children decided against it because we could no longer trust that this horror would not be repeated.

We had support but there was always the whispers and finger pointing. Some believed that I had killed my son which has saddened me and made me long for them to know the truth. And finally after 18 years the truth is known but the cost of its revelation was astronomical.

My wife suffers from deep depression never fully having accepted Gaurov's death. I carry a photo of Gaurov with me always. I wanted Saurob and Gaurov to grow up together, learn from one another and share there experiences both good and bad. My wife and I are proud of Saurob and are grateful for his love and unwavering support and belief in us.

I hope that anyone who has been falsely accused of such an unspeakable crime will be vindicated and have faith in knowing that others such as my wife and I understand their anguish and pain."

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com