Saturday, December 31, 2011

Beyond DNA. Part 2: Grits for Breakfast sees innocence focus in Dallas shifting to non-DNA cases.

STORY: "Beyond DNA: Innocence focus in Dallas shifting to non-DNA cases, published in Grits for Breakfast on December 29, 2011.

GIST: Besides so-called "Brady violations," though, the concern was expressed by others, IMO accurately, that "DNA evidence may have raised the bar to a level too often unattainable by cases without it." Certainly there are still categories of non-DNA cases to mine for valid innocence claims. An examination of arson cases by my employers at the Innocence Project of Texas and the state fire marshal, initiated at the recommendation of the Forensic Science Commission, could discover false convictions based on flawed forensics testimony. Nobody has thoroughly vetted (nor to my knowledge, even identified) the 2,000 or so cases where former Fort Bend Sheriff's Deputy Keith Pikett claimed to have used his dogs in "scent lineups." And there are other similarly discrete categories of cases to explore.

THE ENTIRE STORY CAN BE FOUND AT:

http://gritsforbreakfast.blogspot.com/2011/12/beyond-dna-innocence-focus-in-dallas.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Friday, December 30, 2011

Beyond DNA: Part 1: Why freeing the wrongfully convicted through science was the easy part. Leslie Minora. The Texas Observer. (Great read. HL).

STORY: Beyond DNA: Difficult tests for the justice system; Freeing the wrongfully convicted on through science was the easy part. Now what," by Leslie Minora, published in the Texas Observer on December 29, 2011.

GIST: "In the meantime, the sheer number of DNA exonerations — and the efforts to uncover how the courts failed so miserably — have revealed troubling gaps in the criminal justice system: Eyewitnesses are more fallible than jurors might think; forensic evidence isn't always reliable or interpreted correctly; the way police run lineups can lead to wrongful convictions. The trouble is, those problems may just as easily plague cases in which no DNA exists. Modern science has shown the justice system the tip of the iceberg, but how many innocent men and women are suffering in prison and likely to stay there because they have no evidence to test? Where do law enforcement and innocence advocates, faced with sorting out the guilty and innocent, go from here?"

THE ENTIRE STORY CAN BE FOUND AT:

http://www.dallasobserver.com/2011-12-29/news/beyond-dna-difficult-tests-for-the-justice-system/

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Thursday, December 29, 2011

Susan Nelles: (Part 4); Did Charles Smith play a role in transforming innocent baby deaths at the Hospital for Sick Children into murders?

PUBLISHER'S VIEW: I am pleased to have the opportunity to devote some space to a newly published book: "The Nurses Are Innocent: The Digoxin Poisoning Fallacy," by Gavin Hamilton M.D. The title refers to the investigation of the deaths of babies at the Hospital for Sick Children in 1980 and 1981 for which a nurse named Susan Nelles was charged with murder. (My first free-lance story for the Toronto Star described Ms. Nelle's discharge at her preliminary hearing). I later wrote in the Star about the public inquiry in which Justice Samuel Grange found that babies had been murdered in spite of testimony which shredded the validity of digoxin tests conducted by Ontario's Centre for Forensic Sciences and raised a significant doubt as to whether any babies had been murdered. Now Dr. Hamilton, a retired radiologist, has, at least in my mind, provided the real reason for the deaths of the unfortunate babies at the renowned hospital: A toxin found in natural rubber which is technically like digoxin, which was used in disposable plastic syringes and intravenous devices. As the late Dr. Peter Macklem, the above noted witness at the Grange Inquiry, says in his preface to this book: "What can be learned from this black stain on Canada's judicial system? One lesson certainly stands out: We cannot ever again allow a group of unqualified amateur diagnosticians to make life and death decisions about such important matters as potential serial murders." Dr. Macklem's comments have me thinking about the so-called arson experts in Texas who concluded with such compelling certainty that Cameron Todd Willingham had set the fire which killed his family - and were proven to have been so terribly, terribly wrong. (Willingham, an innocent man, was executed in Texas). Dr. Hamilton also has a tantalizing theory that a certain now-disgraced pathologist named Charles Smith may have been responsible for turning the tragic deaths into murders. He points out that "In 1980 - which was at the beginning of what was to become known as the digoxin baby poisoning epidemic period, he was hired by the Hospital for Sick Children as an anatomic pathologist - with an expressed keen interest in performing autopsies on children who had died suddenly." This book can be purchased through Amazon at:

http://www.amazon.ca/Nurses-Are-Innocent-Digoxin-Poisoning/dp/1459700570

Harold Levy: Publisher; The Charles Smith Blog

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

Dr. Gavin Hamilton's suspicion that Charles Smith's propensity to find murder where babies die of natural causes led to the baby deaths at the Hospital for Sick Children being categorized as homicides - and the prosecution of nurse Susan Nelles for murder is the subject of a story by Brian Bethune published in Maclean's on December 22, 2011.

"Then there was the Charles Smith factor," wrote Bethune. "The persuasive, incompetent and now disgraced pathologist began his career at Sick Kids in 1980. It’s impossible to evaluate Smith’s exact role in a murder investigation that arose because of findings made in the hospital’s autopsy rooms, but Hamilton is sure it was significant: “I smell him,” he says in an interview, “I smell his presence.”

In "The Nurses are Innocent: The Digoxin Poisoning fallacy," Hamilton makes his case for Smith's possible involvement as follows:

O: The series of HSC cardiac ward baby deaths became defined as murder by intentional digoxin poisoning from interpretations of specimens taken in the HSC autopsy rooms by members of their Department of Pathology.

O: The natural causes for the findings and even evidence that surfaced that was obviously exonerating, were dismissed.

O: Although a panel of HSC attending physicians and nurses had concluded that the deaths were from natural causes, a murder theory rose out of the autopsy rooms - a theory promoted and defended by the Crown prosecutors and by those operating under the aegis of the office of the Chief Coroner of Ontario.

O: Charles Smith was a link between the Hospital for Sick Children and the Chief Coroner's Office. ( He had worked (for the Hospital) as a pathologist working in the Department of Pathology since 1980 - while also working as a pediatric forensic pathologist on a fee-for-service basis for the Chief Coroner of Ontario.)

More specifically, Hamilton argues that: "Dr. Smith was hired as a resident in pathology at the University of Toronto (which included the Hospital for Sick Children) from 1978 to 1980. In 1980 - which was at the beginning of what was to become known as the digoxin baby poisoning epidemic period, he was hired by the Hospital for Sick Children as an anatomic pathologist - with an expressed keen interest in performing autopsies on children who had died suddenly."

But Hamilton points out that, "To the dismay of the Toronto Hospital for Sick Children and the criminal justice system of Canada, Justice Goudge determined conclusively that Dr. Smith's interpretations had incorrectly assigned child autopsy findings to murder as the cause of death in twenty cases from 1981 to 2001."

The 1981 date is a significant link according to Hamilton because, "In 1980-1981 , during the apparent rise in the number of of Hospital for Sick Children cardiac ward deaths, all of these deaths had been studied carefully and discussed by the nursing staff and attending physicians , who attributed them to natural causes."

"However," he writes, " based on interpretations of specimens taken in the autopsy rooms by the pathology department, these "natural deaths" suddenly became the focus of an intensive murder investigation - murder by intentional digoxin, perpetrated by the attending nursing staff."

"Is it just a coincidence that, shortly after Dr. Smith was hired by the Hospital for Sick Children as an anatomical pathologist, a murder theory arose, based on interpretations of specimens taken in the autopsy rooms by a pathologist?"

Hamilton also seizes on several disturbing findings of the Goudge Inquiry to buttress his theory, including:

O: Smith's "quick" assumption of the role of a forensic pediatric pathologist always working out of the pathology department of the Hospital for Sick Children - even though he lacked formal pathology training;

O: Smith's overly intimate relationship with the Ontario Chief Coroner's Office which bolstered his reputation and tried to cover up his misdeeds.

O: "His willingness ability to craft his interpretation of autopsy findings to suit a preconceived and often erroneous opinion that child murders has been committed.

O: Smith's disregard of the neutrality and respect for science expected of a forensic expert as indicated by his admission to the inquiry that when his career began in the 1980's he believed his role was to act as an advocate for the Crown "and make a case look good " - an admission which Hamilton deems relevant "to the baby deaths that the crown prosecutors were alleging to be murder by digoxin poisoning."

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

There is no question in my mind that Gavin Hamilton has made a strong case for the influence of Charles Smith in the police investigation that led to the sorely flawed decision to charge nurse Susan Nelles with murdering babies at the hospital.

Indeed there are two other factors which to my mind reinforce his conclusion: the "get tough against child abuse" prosecutorial attitude which was prevalent at the hospital at the time and a "think dirty" attitude deeply rooted in Ontario's Chief Coroner's Office.

We need to look no further than Justice Goudge's report to confirm the sick atmosphere at the hospital at the time where he concludes:

"Dr. Smith failed to understand that his role as an expert witness was not to support the Crown. At the Inquiry he was candid on this point. He had never received any instructions in giving expert evidence. He acknowledged that, when he first began his career in the 1980's, he believed that his role was to act as an advocate for the Crown and "to make a case look good." He explained that the perception originated, in some measure, from the culture of advocacy that he said prevailed at Sick Kids at the time. In the early 1980's, there was a legitimate concern at Sick Kids that child abuse was under-reported, under-detected, and under-prosecuted. Dr. Smith was part of that advocacy culture and perceived that his job, at least in part, was to reverse those trends."

The over-zealous anti-child abuse attitude had been the subject of an exhibit filed at the inquiry - the judgment given by the judge in the case of two parents from Northern Ontario charged with physically abusing their one-year-old son following an investigation in the mid-eighties by the hospital's SCAN (Suspected Child Abuse and Neglect) Team. ( A renowned bone disease expert in California later concluded after viewing the x-rays from the Hospital that the lesions were more consistent with bone disease than with fracture.)

Ontario Court Judge Judge Peter Nasmith criticized the arbitrary actions of a Children's Aid Society in the case, noting that, "
it was "obviously influenced (perhaps controlled) by the child abuse team at the Hospital for Sick Children." Nasmith went on to say that: "No doubt the real fly in the ointment here is the child abuse team at the Hospital for Sick Children as they moved from a position of possible abuse to a diagnosis of abuse. This was a surprising stance for them to take, and I think it underlines the need for a protection agency receiving reports under (child) protection legislation and for courts in these cases to continue to scrutinize the zeal of the well-meaning people who are so understandably devoted to fighting the scourge that is child abuse. This zeal has created a subtle dynamic that can somehow convert a suspicion of child abuse into a presumption of child abuse."

Charles Smith worked closely with the Hospital for Sick Children SCAN Team which had been involved in several of the cases probed by the Goudge Inquiry.

In a case set in Timmins, Ontario where a 12-year-old girl was charged with manslaughter in connection with a death in 1988 as a result of Smith opinion (backed up by the SCAN Team) that she had shaken the 16-month-old girl she was baby-sitting for, Judge Patrick Dunn reject Smith's opinion in it's entirety, and accepted the evidence of the defence expert witnesses over the hospital's witnesses.

Judge Dunn took the extraordinary step of rejecting Smith's opinion ( even though he had conducted the autopsy and seen first-hand what he had reported on) - and then flailing the approach taken by the hospital staff.

"In a section called "Problems in the HSC Inquiry," Dunn rules: "For reasons I am about to discuss, there are flaws in the H.S.C. (sic) approach and hence their opinion about shaking should not be given great weight. I am not talking now about whether shaking exists or whether it or some other mechanism killed Amber. I mean that the fact gathering process, the communication procedures, and the documentation of the medical opinion of the H.S.C. doctors involved in this case are such that I am led to question the conclusion that they drew, based on the facts as these erstwhile and well-meaning doctors understood them."

One would have expected that following a trial in which the work performed by Smith and the SCAN Team was assessed to determine what went wrong and how the hospital's work could be improved in the future. (After all, a 12-year-old babysitter had been wrongfully charged one of the most serious crimes in the Code as a result of their opinions and observations.)

Instead, as Justice Goudge notes in his report, the Hospital went into damage control at a special meeting called to review the case.

"In January 1992, SCAN physicians, Dr. Smith, and Crown counsel met to discuss Justice Dunn's reasons for judgment," Goudge wrote.

"No one present at that meeting appears to have taken to heart Justice Dunn's many criticisms of Dr. Smith and other hospital physicians. Rather, they concluded that the judge did not adequately understand the science of shaken baby syndrome."

Smith would later lie in Court under oath that after the trial Dunn told him, during the course of an airplane flight, that he believed the babysitter was guilty and that he believed the opinions provided by the Hospital for Sick Children's doctors.

In another murder case before the Goudge Inquiry an Ontario Superior Court Justice reject a "statement" taken by a member of the Sick Kids SCAN team on the basis that the team had violated her right to counsel, and not properly cautioned her that the "statement" could be used against her at her trial.

This case, which originated in 1999, is yet another example of the prosecutorial atmosphere that reigned at the Hospital for Sick Children for years. (The type of atmosphere in which innocent deaths of babies can be transformed into murders).

A senior prosecutor later "stayed" the charge on the basis that to continue the case would not be in the interests of justice because doing so could result in an injustice.

By this time, the statement of claim in a legal action against Smith alleged the woman was jailed for approximately three weeks until bail could be obtained, and following media coverage was stigmatized by members of the community as a "baby killer," with all of the physical and mental stress that that would entail.

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

The other factor that to my mind reinforce Dr. Hamilton's conclusion that Charles Smith played a significant role in the sorely flawed decision to charge nurse Susan Nelles with murdering babies at the hospital is the "think dirty" attitude that was well rooted in the Chief Coroner's office when then Chief Coroner Dr. James Young formalized it on a protocol issued to all coroners, pathologists, and chiefs of police in Ontario on April 10, 1995.

"Unfortunately, in this day and age, child abuse is a real issue, and it is extremely important that all members of the investigative team "Think Dirty," The "think dirty" protocol, which was discontinued after Dr. Young stepped down in 2004, stipulated.

"They must actively investigate each case as potential child abuse, and not come to a premature conclusion regarding the cause and manner of death until the complete investigation is finished, and all members of the team are satisfied with the conclusion."

During the nine years the protocol remained in effect, these words communicated through "think dirty" slides that were used in presentations to coroners throughout the province and other members of the death investigation teams.

During the course of the Goudge Inquiry, Commission Counsel Linda Rothstein tracked down the genesis of the "think dirty" approach through her questioning of former deputy chief coroner Dr. Jim Cairns in the following exchange.

"MS. LINDA ROTHSTEIN: Where did you first hear that expression, Dr. Cairns?

DR. CAIRNS: I think I first heard that expression from Jack Press.

MS. LINDA ROTHSTEIN: Who was he?

DR. CAIRNS: Jack Press had been a Toronto homicide officer who had -- when he retired, had moved over to be the liaison officer for Dr. Hillsdon Smith with -- with police.

MS. LINDA ROTHSTEIN: And in what context did Dr. -- did -- sorry -- did Jack Press use that terminology?

DR. CAIRNS: I think probably as it's explained here, don't -- don't accept things as they are. Think of more sinister applications or there may be a more sinister explanation."


We learn from the Goudge report that Hillsdon Smith was the Provincial Forensic Pathologist between 1975 and 1994.

To bring matters full circle, before retiring and joining the Chief Coroner's staff, Jack Press was one of the investigating officers in the investigation of Susan Nelles in connection with the deaths of babies at the hospital for Sick Children.

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

In sum, this humble Blogger concludes that Dr. Hamilton has managed to place Charles Smith's fingerprints all over the transformation of the natural deaths of babies at the Hospital for Sick Children into murders.

I also smell Smith's presence.

To my mind, Susan Nelles, a loving, devoted nurse branded as a serial killer, was a victim of a perfect storm: A persuasive, unprincipled pathologist lacking training in forensic pathology, who set out to vindicate dead children as he tried to ingratiate himself with police and prosecutors, a hospital which had declared war on child abuse and saw it in the most innocent circumstances, and a Chief Coroner's office which operated under the principle of " think dirty" - rather than instructing the province's pathologists, coroners and police officers to be dispassionate and objective - and to think "truth."

POSTSCRIPT: It is important to stress that Justice Goudge endorsed major changes within the Chief Coroner's Office after Dr. Barry McLellan took over from Dr. James Young in April 2004 - and that he heard evidence from the director of the Hospital for Sick Children SCAN team that changes had already been made which would make it unlikely that there would be any future debacles of the sort that tainted the previous era.
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 found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com.

Wednesday, December 28, 2011

Susan Nelles: (Part 3); Questions put to Dr. Gavin Hamilton author of "the Nurses are Innocent," by Defining Canada:

PUBLISHER'S VIEW: I am pleased to have the opportunity to devote some space to a newly published book: "The Nurses Are Innocent: The Digoxin Poisoning Fallacy," by Gavin Hamilton M.D. The title refers to the investigation of the deaths of babies at the Hospital for Sick Children in 1980 and 1981 for which a nurse named Susan Nelles was charged with murder. (My first free-lance story for the Toronto Star described Ms. Nelle's discharge at her preliminary hearing). I later wrote in the Star about the public inquiry in which Justice Samuel Grange found that babies had been murdered in spite of testimony which shredded the validity of digoxin tests conducted by Ontario's Centre for Forensic Sciences and raised a significant doubt as to whether any babies had been murdered. Now Dr. Hamilton, a retired radiologist, has, at least in my mind, provided the real reason for the deaths of the unfortunate babies at the renowned hospital: A toxin found in natural rubber which is technically like digoxin, which was used in disposable plastic syringes and intravenous devices. As the late Dr. Peter Macklem, the above noted witness at the Grange Inquiry, says in his preface to this book: "What can be learned from this black stain on Canada's judicial system? One lesson certainly stands out: We cannot ever again allow a group of unqualified amateur diagnosticians to make life and death decisions about such important matters as potential serial murders." Dr. Macklem's comments have me thinking about the so-called arson experts in Texas who concluded with such compelling certainty that Cameron Todd Willingham had set the fire which killed his family - and were proven to have been so terribly, terribly wrong. (Willingham, an innocent man, was executed in Texas). Dr. Hamilton also has a tantalizing theory that a certain now-disgraced pathologist named Charles Smith may have been responsible for turning the tragic deaths into murders. He points out that "In 1980 - which was at the beginning of what was to become known as the digoxin baby poisoning epidemic period, he was hired by the Hospital for Sick Children as an anatomic pathologist - with an expressed keen interest in performing autopsies on children who had died suddenly." (More about that in another post); This book can be purchased through Amazon at:

http://www.amazon.ca/Nurses-Are-Innocent-Digoxin-Poisoning/dp/1459700570

Harold Levy: Publisher; The Charles Smith Blog

----------------------------------------------------------
STORY: Q and A with Gavin Hamilton, author of "The Nurses Are Innocent: The Digoxin Poisoning Fallacy," published in Defining Canada: Books and Authors in Action on November 17, 2011.

GIST: "Did you have a specific readership in mind when you wrote your book? My intent from the start was to prove to the police, the judiciary, the Ontario Chief Coroner, the Attorney General, the medical staff at the Toronto Hospital for Sick Children, the media – and to the Canadian public at large – that no digoxin poisoning occurred and that Susan Nelles was innocent. I believe that the nursing profession will concur with my explanations and will welcome this evidence which exculpates Susan Nelles – and the nursing profession she continues to represent so well. The false idea of multiple murders and the incorrect diagnosis of digoxin poisoning has been allowed to linger for 30 years – and is dismissed with multiple solid references."


http://www.definingcanada.ca/In 1980 - which was at the beginning of what was to become known as the digoxin baby poisoning epidemic period, he was hired by the Hospital for Sick Children as an anatomic pathologist - with an expressed keen interest in performing autopsies on children who had died suddenly.2011/11/17/qa-with-gavin-hamilton-m-d-author-of-the-nurses-are-innocent/

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Tuesday, December 27, 2011

Susan Nelles: (Part 2); Maclean's magazine story on Hamilton book: "The Baby Killer At Toronto Sick Kids Was Rubber;"

PUBLISHER'S VIEW: I am pleased to have the opportunity to devote some space to a newly published book: "The Nurses Are Innocent: The Digoxin Poisoning Fallacy," by Gavin Hamilton M.D. The title refers to the investigation of the deaths of babies at the Hospital for Sick Children in 1980 and 1981 for which a nurse named Susan Nelles was charged with murder. (My first free-lance story for the Toronto Star described Ms. Nelle's discharge at her preliminary hearing). I later wrote in the Star about the public inquiry in which Justice Samuel Grange found that babies had been murdered in spite of testimony which shredded the validity of digoxin tests conducted by Ontario's Centre for Forensic Sciences and raised a significant doubt as to whether any babies had been murdered. Now Dr. Hamilton, a retired radiologist, has, at least in my mind, provided the real reason for the deaths of the unfortunate babies at the renowned hospital: A toxin found in natural rubber which is technically like digoxin, which was used in disposable plastic syringes and intravenous devices. As the late Dr. Peter Macklem, the above noted witness at the Grange Inquiry, says in his preface to this book: "What can be learned from this black stain on Canada's judicial system? One lesson certainly stands out: We cannot ever again allow a group of unqualified amateur diagnosticians to make life and death decisions about such important matters as potential serial murders." Dr. Macklem's comments have me thinking about the so-called arson experts in Texas who concluded with such compelling certainty that Cameron Todd Willingham had set the fire which killed his family - and were proven to have been so terribly, terribly wrong. (Willingham, an innocent man, was executed in Texas). Dr. Hamilton also has a tantalizing theory that a certain now-disgraced pathologist named Charles Smith may have been responsible for turning the tragic deaths into murders. He points out that "In 1980 - which was at the beginning of what was to become known as the digoxin baby poisoning epidemic period, he was hired by the Hospital for Sick Children as an anatomic pathologist - with an expressed keen interest in performing autopsies on children who had died suddenly." (More about that in another post); This book can be purchased through Amazon at:

http://www.amazon.ca/Nurses-Are-Innocent-Digoxin-Poisoning/dp/1459700570

Harold Levy: Publisher; The Charles Smith Blog

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

STORY: Maclean's Magazine: The Baby Killer At Toronto's Sick Kids was Rubber," by Brian Bethune; Published on December 22, 2011.

GIST: "So what really happened to those children? A cluster of factors, according to Hamilton. They were very sick, and it took only the tiniest of nudges—natural or deliberate—to push them across death’s threshold. And that push was coming with increasing force. MBT, a chemical compound in the rubber seals used in IV lines and disposable plastic syringes, was leeching into the contents of those devices, bringing chances of life-threatening anaphylactic shock—which is how Hamilton, a radiologist from London, Ont., encountered it—and of death by accumulated toxins. The problem grew, unseen, as the era of unit-dose syringes dawned around 1980. Designed to eliminate overdose errors, prepackaged unit doses had three-year shelf lives—all the longer for the MBT to leech into the contents. The smallest, most fragile patients, the cardiac babies, were most at risk: more injections, more transfusions, more poison, more chances of crossing the threshold. And if circumstances were cruelly conspiring against the children, so too were they taking aim at the accused nurses. The tests used to measure the digoxin levels in the autopsied babies were less than useless. They consistently misread MBT as digoxin, and failed to take into account that digoxin in the hearts of cardiac patients spreads through the body postmortem, giving a false reading of how much was present during life."

THE ENTIRE STORY CAN BE FOUND AT:

http://www2.macleans.ca/2011/12/22/baby-killer-turns-out-to-be-rubber/

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Monday, December 26, 2011

Susan Nelles: (Part 1): Important new book by Dr. Gavin Hamilton showing how errors of diagnosis led to an innocent nurse being charged with murder; "The Nurses Are Innocent: The digoxin poisoning fallacy;

PUBLISHER'S VIEW: I am pleased to have the opportunity to devote some space to a newly published book: "The Nurses Are Innocent: The Digoxin Poisoning Fallacy," by Gavin Hamilton M.D. The title refers to the investigation of the deaths of babies at the Hospital for Sick Children in 1980 and 1981 for which a nurse named Susan Nelles was charged with murder. (My first free-lance story for the Toronto Star described Ms. Nelle's discharge at her preliminary hearing). I later wrote in the Star about the public inquiry in which Justice Samuel Grange found that babies had been murdered in spite of testimony which shredded the validity of digoxin tests conducted by Ontario's Centre for Forensic Sciences and raised a significant doubt as to whether any babies had been murdered. Now Dr. Hamilton, a retired radiologist, has, at least in my mind, provided the real reason for the deaths of the unfortunate babies at the renowned hospital: A toxin found in natural rubber which is technically like digoxin, which was used in disposable plastic syringes and intravenous devices. As the late Dr. Peter Macklem, the above noted witness at the Grange Inquiry, says in his preface to this book: "What can be learned from this black stain on Canada's judicial system? One lesson certainly stands out: We cannot ever again allow a group of unqualified amateur diagnosticians to make life and death decisions about such important matters as potential serial murders." Dr. Macklem's comments have me thinking about the so-called arson experts in Texas who concluded with such compelling certainty that Cameron Todd Willingham had set the fire which killed his family - and were proven to have been so terribly, terribly wrong. (Willingham, an innocent man, was executed in Texas). Dr. Hamilton also has a tantalizing theory that a certain now-disgraced pathologist named Charles Smith may have been responsible for turning the tragic deaths into murders. He points out that "In 1980 - which was at the beginning of what was to become known as the digoxin baby poisoning epidemic period, he was hired by the Hospital for Sick Children as an anatomic pathologist - with an expressed keen interest in performing autopsies on children who had died suddenly." (More about that in another post); This book can be purchased through Amazon at:

http://www.amazon.ca/Nurses-Are-Innocent-Digoxin-Poisoning/dp/1459700570

Harold Levy: Publisher; The Charles Smith Blog

Sunday, December 25, 2011

Michael Morton: Use of unscientic evidence in the courts subject of Texas Tribune story: "Murder cases put questionable evidence to test."

STORY: "Murder cases put questionable evidence to test," by Brandi Grissom (Texas Tribune) as published in the New York Times on December 24, 2011.
GIST: "Before he dismissed the wrongful murder charges against Mr. Morton last week, Judge Sid Harle recounted the faults the case exposed in the Texas justice system. Among them: the use of so-called junk science in the courtroom. “The courts and the sitting judges need to be ever mindful about their role as gatekeeper in regard to the admission of science,” Mr. Harle said. “Your case illustrates the best and the worst of what can happen.” Despite scientific advancements like DNA testing, the use of unreliable scientific techniques in the criminal justice system persists. While some judges say they work to ensure only reliable scientific evidence is presented to juries, criminal justice advocates say that more must be done to root out an array of pseudoscientific practices that can have life-or-death consequences. “What passes for science in courtrooms is not always, in fact, science,” said Kathryn Kase, interim executive director of the Texas Defender Service, which represents death row inmates"
THE ENTIRE STORY CAN BE FOUND AT:

http://www.nytimes.com/2011/12/25/us/murder-cases-put-questionable-evidence-to-test.html?_r=1

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Saturday, December 24, 2011

Lindy Chamberlain: Fourth inquest ordered. Excellent background from the Guardian.

    STORY: "Dingo baby case that divided a nation could be closed at last," published in the Guardian on December 20, 2011.

    GIST: "At her trial in 1982 Lindy Chamberlain said in her defence that dingo saliva was not found on Azaria's jumpsuit because the baby was wearing a jacket on top. No jacket was found in the initial searches but in 1986, while Mrs Chamberlain was serving a life sentence, an Englishman, David Brett, fell to his death from Uluru, landing beside the jacket which was half-buried close to dingo lairs. Within days Chamberlain was released and a Royal Commission later exonerated her and her husband who had also been convicted as an accessory to the murder. The three previous inquests resulted in mixed verdicts, the first stating that a dingo had taken the baby. Then further investigations, involving a British pathologist, suggested the wounds - indicated by blood stains on the clothing - could not have been caused by a dingo and indicated a cut throat. That inquiry concluded that Chamberlain-Creighton should be sent for trial for murdering Azaria. The third returned an open verdict. John Lawrence, a lawyer involved in the Royal Commission, said the new inquest would be a final legal chapter that would conclude a dingo was responsible."

    THE ENTIRE STORY CAN BE FOUND AT:
http://www.guardian.co.uk/world/2011/dec/20/dingo-baby-lindy-chamberlain-inquest

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Friday, December 23, 2011

Joseph Thomset and George Lowder: Ontario Court of Appeal Justice's book reopens 128-year-old mystery - and bungled forensic investigation. The Star.

STORY: "Judge's book reopens 128-year-old murder mystery," by Legal Affairs reporter Tracey Tyler, published in the Toronto Star on December 21, 2011.
GIST: "In his new book The Lazier Murder, Justice Robert Sharpe argues that amateur detective work and a community "out for blood" unjustly sealed the fate of two men...The footprint evidence was crucial but flawed. There were large gaps where the trail had broken off and nobody could follow the tracks all the way. As they tramped through the snow carrying lanterns, the searchers left footprints of their own, a confusing pattern of as many as 12 to 15 different boot markings. The victim’s brother-in-law had arranged for the Belleville police chief, Hugh McKinnon, to come to Picton to head up the investigation. McKinnon obtained boots from the suspects and attempted to compare them with the footprints by placing them directly into tracks in the snow, hopelessly contaminating the evidence."
THE ENTIRE STORY CAN BE FOUND AT:

http://www.thestar.com/news/crime/article/1105061--judge-s-book-reopens-128-year-old-murder-mystery

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Thursday, December 22, 2011

Bulletin: Charles Smith: Canadian Press sees the revocation of his medical license as one of the "most significant news events" of 2011.

STORY: "The year in headlines: 2011 saw no shortage of Canadian, international news." The Canadian Press. An in-brief look back at some of the most significant news events of the last 12 months, in chronological order.

GIST: "February: Ontario's College of Physicians and Surgeons revoked the licence of disgraced pathologist Dr. Charles Smith, whose shoddy work and misguided testimony resulted in a series of wrongful convictions."

THE ENTIRE "YEAR IN HEADLINES" CAN BE FOUND AT:

http://www.inews880.com/News/National/Article.aspx?id=315515

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Bulletin: Brenda Waudby; Bid to have coerced guilty plea overturned; Another delay. Case put over until January 19, 2012. Peterborough Examiner;



STORY: "Waudby case back in court Jan. 19," published earlier today by the Peterborough Examiner.

GIST: "The case has been moving in incremental steps, but her lawyer Julie Kirkpatrick said she anticipates matters to move much more quickly in the new year. Waudby is arguing that she was coerced into pleading guilty to a charge of child abuse. Waudby was wrongfully accused of her 21-month-old daughter Jenna Mellor's murder in 1997. That charge was withdrawn in 1999, weeks after Waudby pleaded guilty to a charge of child abuse. Brenda Waudby's application to have a child abuse conviction overturned will return to court Jan. 19 in Newmarket."

PUBLISHER'S VIEW: (EDITORIAL);  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 hurry up and finally and unequivocally clear her name;


HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.thepeterboroughexaminer.com/ArticleDisplay.aspx?e=3413216

Paul Cortez: (New York). Fight to overturn conviction raises serious forensic concerns - including the fallibility of fingerprint evidence,


PUBLISHER'S NOTE: On November 27, 2005, Catherine Woods, was found stabbed to death in her Upper East Side Manhattan apartment. Paul Cortez was later charged with the crime, tried and convicted. I am grateful to fellow blogger Lynne Blanchard (Justice for Brad Cooper) ) for drawing this case to my attention, because of the disturbing allegations that Cortez was convicted because his lawyers failed to confront the State's vacuous forensic evidence which, in fact, pointed to another individual as the killer. (I am also following developments in the Brad Cooper case and have placed a link to "Justice For Brad Cooper" on the blog). Of particular concern to this blog was the defence lawyer's alleged failure to have torn to shreds what the state had claimed was the discovery of a bloody fingerprint. As the web-site "Free Paul Cortez" notes: "Upon seeing the dark brown staining that was no more and no less the end result of the chemical processing (that was, incidentally, performed three different times and then electronically enhanced via computer before anyone could even see anything resembling a fingerprint), the public was easily fooled by tabloid pictures of what was then touted as a “bloody” fingerprint. Had a fingerprint expert been called, he or she could have easily explained that the fingerprint attributed to Paul was a latent one and the blood spatter from the assault overlaid this latent print in the form of a smear; that it was, in fact, pre-existing. The fact is, there was never any actual “bloody” fingerprint. What the public saw was not a “bloody” print but the dark stain of the chemicals used to make the invisible print visible. The Prosecutors – as well as Paul’s own defense lawyers – continued bandying about the phrase “bloody fingerprint” for no other purpose than to keep that idea firmly planted in the jurors’ imaginations." I have devoted recent posts to a public inquiry in Scotland which illustrated the fallibilty of fingerprint evidence - and the need for the examiner's conclusions to be kept in perspective. (The inquiry was called because of the wrongful prosecution of a detective named Shirley McKie). For this reason, I will be following developments in the Cortez case on this blog - including his efforts to overturn the conviction - with great interest.

The "Free Paul Cortez" blog can be found at:

http://freepaulcortez.org/?page_id=1007#crime

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Wednesday, December 21, 2011

Bulletin: Colin Matchim; Newfoundland; "Baby-shaking" case; Gets 60 days time served for breaking bail; CBC NEWS.

STORY: "Matchim sentenced for contacting baby's mother," published earlier today by CBC News.
GIST: "When he was first charged, he was granted bail. A condition of the bail was to have no contact with the baby's mother, Kate Coombs. The court was told Wednesday that Matchim contacted Coombs by phone and email. He pleaded guilty to the no-contact charges in October. Matchim has been in custody since his conviction in May on the assault charge. He has yet to be sentenced for that conviction. His lawyers are attempting to have new evidence entered and have the trial re-opened."
THE ENTIRE STORY CAN BE FOUND AT:

http://www.cbc.ca/news/canada/newfoundland-labrador/story/2011/12/21/nl-matchim-contact-sentence-1221.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Shirley McKie: (Scotland). Commentary: fingerprint experts must re-examine their "certainty". Prof. Jim Fraser; The Scotsman.

STORY: "Fingerprint experts need to examine their certainty - and cultural change will take time" published in the Scotsman.

GIST: "The McKie affair is often referred to as the “Scottish case” in the forensics world and you could be forgiven for thinking that this is a distinctively Scottish problem. But like all “disasters” of this type, unearthing cause, effect and contributory factors is complex and tricky. An international survey by the University of Strathclyde showed that more than 80 per cent of fingerprint experts believe identification is certain. The issues go well beyond Scotland, and other countries would do well to consider the inquiry recommendation that fingerprint examiners should discontinue claims of 100 per cent certainty."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.scotsman.com/lifestyle/arts-blog/analysis_fingerprint_experts_need_to_re_examine_their_certainty_and_culture_change_will_take_time_1_2008740

THE INQUIRY'S WEB-SITE CAN BE FOUND AT:

http://www.thefingerprintinquiryscotland.org.uk/inquiry/CCC_FirstPage.jsp

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Tuesday, December 20, 2011

Bulletin: Michael Morton: Momentous development. He is officially exonerated; Former prosecutor Anderson faces felony allegations; YNN;

STORY: "Morton exonerated, Anderson faces felony allegations" by reporters John A. Salazar & Anne Szilagyi published on YNN earlier today.

GIST: "Judge Sid Harle formally exonerated Michael Morton in a Georgetown courtroom Monday. Now, Morton’s attorneys are seeking a “court of inquiry” into whether or not there was prosecutorial misconduct during the original investigation that led to Morton's conviction."

THE ENTIRE STORY CAN BE FOUND AT:

http://austin.ynn.com/content/headlines/282059/morton-exonerated--anderson-faces-felony-allegations

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Lindy Chamberlain: (Australia). "Dingo theory had merit from start of Azaria case." A valuable perspective from Malcolm Brown; Sidney Morning Herald;

STORY: "Dingo theory had merit from start of Azaria case," by reporter Malcolm Brown. published earlier today in the Sidney Morning Herald.

GIST: "Most of this ''dingo evidence'' was available to the coroner Denis Barritt, whose finding 30 years ago this month was that a dingo had taken the baby and that her parents, the pastor Michael Chamberlain and his wife, Lindy, were not responsible. After that, everything got muddied. It included the intrusion of British forensic pathologist Professor James Cameron who examined the jumpsuit Azaria had worn and, some 20,000 kilometres away, pronounced that the baby's throat had probably been cut and that there was a bloodied handprint of a young adult on the fabric. That evidence was flawed and later discredited. But the most fundamental issue was the evidence of Joy Kuhl, a forensic biologist who identified material found in the the car and on scissors as blood and then proceeded to identify foetal haemoglobin, indicating that the blood had come from Azaria. Ms Kuhl, it was alleged, had gone beyond the bounds of her expertise. Even if it had been blood, it had been in the car for more than a year before she set out to analyse it, and the haemoglobin underwent a process of ''denaturing'', or changing in its properties. Ultimately, it was found there was no blood at all, or so little as to be inconsequential."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.smh.com.au/national/dingo-theory-had-merit-from-start-of-azaria-case-20111219-1p2ke.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Monday, December 19, 2011

Chana Al-Alas and Rohan Wray: (UK): Why a growing number of parents are being falsely accused of shaking their baby to death. The Mail.


STORY: "The disturbing reason why a growing number of parents are being falsely accused of shaking their baby to death" by Sue Reid published in the Daily Mail on December 18, 2011.

GIST: "But until now, few have pointed out one of the most worrying aspects of the crisis: babies with a vitamin D deficiency display remarkably similar symptoms to those who have been deliberately shaken by their parents or carers. This may have led to other controversial criminal trials of parents accused of harming their children when — like the Wrays — they were completely innocent."

THE ENTIRE ARTICLE CAN BE FOUND AT:

http://www.dailymail.co.uk/femail/article-2075884/Parents-guard-accusations-babies-shaken-death-continue-grow.html?ito=feeds-newsxml

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Shirley McKie: (Scotland). Fallibiliy of fingerprint evidence exposed. Police officer had sworn fingerprint at crime scene wasn't hers.

STORY: Fingerprint evidence "should be regarded as opinion not fact (a public inquiry has recommended) published in the Telegraph on December 15, 2011.

GIST: "Tom Nelson, the director of forensic services at the Scottish Police Services Authority (SPSA), publicly apologised to Shirley McKie and her family for the “errors that took place” and the “subsequent pain” it had caused them. Mr Nelson said the inquiry’s report “challenges the infallibility of fingerprint evidence”, and added: “We accept that this will be a huge cultural change for fingerprint examiners across the world.’’ Miss McKie, a former detective constable with Strathclyde Police, was tried for perjury after insisting a fingerprint found in the home of murder victim Marion Ross in 1997 did not belong to her. She was later cleared of lying under oath and in February 2006 was given £750,000 in an out-of-court settlement. The investigation was ordered after a former police officer was accused of perjury when a fingerprint found at a murder scene was wrongly identified as hers"

THE ENTIRE STORY CAN BE FOUND AT:

http://www.telegraph.co.uk/news/uknews/crime/8957319/Fingerprint-evidence-should-be-regarded-as-opinion-not-fact.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Sunday, December 18, 2011

Raymond George Morgan: (Australia). Body mapping. Junk Science? Entire New South Wales Court of Appeal decision;

STORY: The Brisbane Times reported on an Raymond Morgan's successful challenge to robbery convictions based in part on the appeal court's rejection of the so-called science of body mapping. The entire decision of the Court of Appeal of New South Wales can be read at the link below.

GIST: "On the voir dire, the appellant led evidence from two other experts, Dr Richard Kemp, a forensic psychologist, and Mr Glenn Porter, a forensic scientist. Each of them had been asked to provide a critique of Professor Henneberg's expert certificate. Dr Kemp provided a report, and Mr Porter an expert certificate. Both of them gave oral evidence."

THE ENTIRE DECISION (RELEASED ON DECEMBER 1, 2011) CAN BE READ AT"

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=155923

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Saturday, December 17, 2011

Bulletin: Lindy Chamberlain: (Australia). Coroner orders new Azaria inquest: (Set to begin February 24, 2012 HL; ) 'The Age."

STORY: (Northern Territory) Coroner to hold new Azaria inquest 30 years on," by reporter Malcolm Brown, published earlier today in "The Age."

GIST: "In October 1982, Lindy Chamberlain was found guilty of murder and sentenced to life in jail. Michael Chamberlain, found guilty of being an accessory after the fact, was given a suspended sentence. A royal commission was ordered after a community campaign. In June 1987, it exonerated the Chamberlains, whose convictions were quashed. In December 1995, a third coroner's inquest returned an open verdict. Dr Chamberlain said he and his ex-wife had campaigned for a new inquest to establish that Azaria had been taken by a dingo. "We believe that new evidence will indicate that dingoes can in fact kill babies," he said. "I trust that the truth will now be determined.""

PUBLISHER'S VIEW: (EDITORIAL); The order for a new inquest is welcome even though so many years have passed. Indeed, it is of paramount importance that the death record reflect the true cause of death - and make utterly clear for posterity that Lindy Chamberlain is innocent.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.theage.com.au/national/nt-coroner-to-hold-new-azaria-inquest-30-years-on-20111217-1p0c3.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Raymond George Morgan: Junk Science: The Brisbane Times places tainted evidence - including body mapping - in the dock; (Great read (HL);

STORY: "Tainted evidence: Science in the dock," by Stuart Washington published earlier today in the Brisbane Times.

GIST: "Earlier this month Morgan won a retrial because the expert's evidence was rejected by the Court of Criminal Appeal. The court found the body mapping was ''simplistic'' and did not use one measurement. In the appeal court's view, the ''science'' of body mapping used in the case of Morgan was wearing no clothes. So much for all those toned and svelte CSI forensic investigators running around on television each week. Morgan's robbery convictions have been overturned at a time when increasing concerns are raised about ''junk science'' appearing before the courts: unreliable expert evidence leading to contaminated criminal trials. At its worst, such evidence could result in innocent people being sent to jail. At the very least, such evidence could tilt trials unfairly."

THE ENTIRE ARTICLE CAN BE FOUND AT:

http://www.brisbanetimes.com.au/nsw/tainted-evidence-science-in-the-dock-20111216-1oyn7.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Friday, December 16, 2011

Grits for Breakfast's top 10 Texas criminal justice stories of 2011. (Almost half of them raise crucial forensic science issues! HL.)

STORY: "Biggest Texas criminal justice stories of 2011," published by Grits For Breakfast on December 15, 2011.

GIST: Four of the ten picks (an eye-catching percentage) evolve around crucial forensic issues and will be familiar to devotees of this Blog: "The Michael Morton exoneration" (Number 1!), "the Forensic Science Commission and the Wilingham denouement," "Eyewitness ID reform," and "When criminal convictions trump scientific truth."

THE ENTIRE POST CAN BE FOUND AT:

http://gritsforbreakfast.blogspot.com/2011/12/biggest-texas-criminal-justice-stories.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Thursday, December 15, 2011

Bulletin: George Denkowski, Texas Court of Criminal Appeals orders courts to review death sentences; Psychologist's unscientific methods questioned;

http://www.texastribune.org/texas-dept-criminal-justice/death-penalty/appeals-court-orders-re-evaluation-2-death-row-cas/

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Bulletin: Amanda Knox: Reasons for decision released; "Judges trash prosecution's case and tactics." ABC News.

STORY: "Amanda Knox: Judges trash prosecution's case and tactics" by reporter Phoebe Natanson, ABC News, published earlier today.

GIST: "The court challenged police tactics during an all night interrogation that prompted Knox at one point to say that she had a "vision" that falsely implicated Patrick Lumumba, a bar owner she worked for. The next morning, Knox tried to retract her statement. In the report the judges show they are in agreement with Knox's defense, stating that due to the "obsessive duration of the interrogations" it is "totally comprehensible that she would find herself in a situation of great psychological pressure -? which to call it stress would reduce it -? which makes one doubt the actual spontaneity of the declaration." (Italian government's DNA evidence - and evidence collection techniques - had proven to be disastrously flawed. HL);

THE ENTIRE STORY CAN BE FOUND AT:

http://abcnews.go.com/US/amanda-knox-judge-trashes-prosecution-tactics-reasoning/story?id=15161870

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Bulletin: Gregory Carter: (Whitby, Ontario); Denies falsely calling himself "psychologist." Trial continues. Toronto Star.

STORY: "Therapist denies falsely calling self 'psychologist," by reporter Urban Affairs Reporter Carola Vyhnak published in the Toronto Star on December 13, 2011."

GIST: "Carter, 65, whose services were used in child custody cases, was not a psychologist but a psychological associate, court has heard. That designation is a notch below and doesn’t permit him to make diagnoses. He has pleaded not guilty to fraud under $5,000. Two charges have been dismissed for lack of evidence but he still faces three counts of fraud. Clients have testified they believed he was a psychologist based on his office signs and business cards, which identified him as “Dr.” But Carter, who has a Ph.D. in philosophy, testified that if anyone had ever questioned his title or qualifications, he would have set them straight"

THE ENTIRE STORY CAN BE FOUND AT:

http://www.thestar.com/news/crime/article/1101503--therapist-denies-falsely-calling-himself-psychologist

Bulletin: "Paradise Lost 3: Purgatory." Third installment of HBO documentary series on the West Memphis 3 to run on January 12, 2012.

GIST: "The final installment of the Paradise Lost documentaries on the case of the West Memphis Three is set to premiere on HBO January 12. "Paradise Lost 3: Purgatory," tells the entire story, from the 1993 murder of three young boys in Arkansas to the release and partial exoneration of Jason Baldwin, Damien Echols and Jessie Misskelley in August." (Extensive forensic DNA testing in this case using advanced techniques revealed that no genetic material recovered from the crime scene belonged to any of the three imprisoned men. (HL);

FROM PRESS RELEASE:

The award-winning HBO documentary series “Paradise Lost: The Child Murders at Robin Hood Hills” (1996) and “Paradise Lost 2: Revelations” (2000) spawned a worldwide movement to free the West Memphis 3 for wrongful murder convictions. Set to debut on HBO in Jan. 2012, “Paradise Lost 3: Purgatory” will have its theatrical premiere at the Toronto International Film Festival, with a number of prestigious festival dates to follow this fall. This film tells the entire story, from the arrests in 1993 to the growing movement, through the entire appeals process and the uncovering of new evidence, concluding with their release.

THE ENTIRE DOCUMENT CAN BE FOUND AT:

http://standdown.typepad.com/weblog/2011/12/paradise-lost-3-purgatory.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Timothy Hennis: Editorial page editor Steve Ford plants some worrisome seeds of doubt. North Carolina News and Observer.


STORY: "Deadly crimes: Scenes of doubt" by Steve Ford published in the North Carolina News and Observer on December 11, 2011.

GIST: " Cumberland County investigator learned that samples taken from Eastburn's body had not been tested for DNA, a procedure that was not well developed in the mid-1980s. In 2005 he had the samples sent to the SBI crime lab. The match came back: Hennis, to an utter certainty. The New Yorker piece, by Nicholas Schmidle, doesn't fail to note that our valiant SBI lab was found to have misreported or withheld blood evidence in ways advantageous to prosecutors Could those DNA results have been similarly twisted by people frustrated that Hennis had gone free? Or could the DNA findings have reflected an instance of consenting adults doing what adults sometimes do? Not that Hennis used that excuse when the Army recalled him to active duty, court-martialed him, convicted him and sent him to Leavenworth for execution."

The commentary can be found at:

http://www.newsobserver.com/2011/12/11/1700974/deadly-crimes-seeds-of-doubt.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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Wednesday, December 14, 2011

Bulletin: Charles Smith blog listed on new comprehensive list of "Top Forensic Science Blogs On The Web" published by Itsgov.


PUBLISHER'S NOTE: This blog is honoured to have been included as "a bit unorthodox" in a comprehensive list of "top forensic science blogs on the web." The list has been published by "Itsgov." According to its description: "ITSGOV was founded in May, 2011 with the sole purpose of becoming the go-to destination for all things related to forensic science and CSI. We currently have a staff of passionate individuals and practitioners providing content, as well as various guest authors who have pledged to offer their assistance whenever time allows. The project is very ambitious, requiring numerous resources and sacrifices, however we believe that in time ITSGOV might become the ultimate resource of its kind on the internet." The comprehensive list can be found at:

http://www.itsgov.com/top-forensic-science-blogs.html

Harold Levy. Publisher. The Charles Smith Blog.

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Commentary: John Thompson. National Law Journal presents: "A call for prosecutorial accountability."

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202535064834&A_call_for_prosecutorial_accountability&slreturn=1

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Tuesday, December 13, 2011

Amanda Knox: Inside story of the grassroots campaign that helped free her; (Excellent guide for mobilizing against miscarriages of justice.)

STORY: "The grassroots organization that helped free Amanda Knox," by Bruce Fisher, published in Groundreport on December 12, 2011.

GIST: "The positive showing of support observed for Amanda and Raffaele has been carelessly misrepresented by the media, often suggesting that the support was orchestrated by a PR firm at an estimated cost of one million dollars. These ridiculous rumors all stemmed from the fact that Amanda’s parents hired a PR firm headed by David Marriott to organize interviews with the press, essentially working as a buffer between the family and relentless journalists. The agreement with Marriott has never been discussed publicly so the million dollar estimate parroted by the media is fabricated nonsense. The truth is the support for Amanda and Raffaele stemmed from many individual voices that stood up against an injustice."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.groundreport.com/World/The-Grassroots-Organization-That-Helped-Free-Amand/2943029

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Monday, December 12, 2011

Bulletin: Mark Duggan: Police watchdog investigator admits "mistake" at pre-inquest hearing. The Mirror;

STORY: Duggan Inquiry: Police watchdog investigator admits "mistake" over information that Duggan fired at officers first," published earlier today in the mirror.

GIST: "Mr Mansfield also told the court that the family had requested that an independent pathologist carry out tests on Mr Duggan's body, and for them to be given the chance to discuss their findings with the original pathologist - but this had not been allowed."

THE STORY CAN BE FOUND AT:

http://www.mirror.co.uk/news/top-stories/2011/12/12/mark-duggan-inquiry-police-watchdog-invesigator-admits-mistake-over-information-that-duggan-fired-at-officers-first-115875-23629983/

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Chana Al-Alas and Rohan Wray: "Shaken baby syndrome" case. More detailed report of the directed verdict; the Mirror.

STORY: " Young couple cleared of killing baby son" published in the Mirror on December 9, 2011.

GIST: "She added: "The real criminality in this case is that, if the money spent on this case had been directed to fulfilling the 1991 Government directive that breastfeeding mothers be given vitamin D supplements, this death would not have occurred and rickets, which is now back up to epidemic proportions in this country, would have been wiped out.""

the entire story can be found at:

http://www.mirror.co.uk/news/top-stories/2011/12/09/young-couple-cleared-of-killing-baby-son-115875-23622632/#ixzz1g5tzSSz8

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Sunday, December 11, 2011

"Shaken Baby Syndrome:" Rioch Edwards-Brown; U.K. Once falsely branded a baby batterer she is nominated for prestigious Daily Mail award.

STORY: "Falsely branded a baby batterer - now Rioch Edwards-Brown's a fighter for justice" by Beth Hale, published in the Daily Mail on November 24, 2011. The story of a woman who has been nominated for a recently launched award for women who deserve to be recognized for their work. (Ms. Edward=Brown runs a support group called "The Five Percenters" - in reference to what she describes as, "The 1 in 20 cases routinely misdiagnosed as "Shaken Baby Syndrome.")

THE WEB-SITE CAN BE ACCESSED AT:

http://www.sbs5.dircon.co.uk/five.htm

GIST: "Rioch suddenly realised the finger of suspicion was pointing at her and Ian — and they were devastated when two social workers revealed they would apply to take Riordan into care within days. Reeling with shock, they sought legal help and were able to keep Riordan. Three months later, with clear medical evidence pointing to injuries caused by birth trauma rather than abuse, a High Court judge threw out their case. However, it took eight years before the shaken baby accusation was removed from council and hospital records..."

THE ENTIRE STORY CAN BE ACCESSED AT:

http://www.dailymail.co.uk/femail/article-2065430/INSPIRATIONAL-WOMEN-OF-THE-YEAR-Falsely-branded-baby-batterer--Rioch-Edwards-Browns-fighter-justice.html#ixzz1foor9u5F

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 found at:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=6408887284438140301

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Saturday, December 10, 2011

"Shaken Baby Syndrome:" Mark Hansen calls it "Unsettling science," and says experts are still debating whether the syndrome exists. ABA Journal.

STORY: "Unsettling science: Experts are still debating whether baby shaking syndrome exists" by Mark Hansen. published in the American Bar Association Journal on December 1, 2011."

GIST: "To be sure, the vast majority of doctors still regard it as a valid and reliable diagnosis, one whose scientific basis has been proven time and time again by decades of peer-reviewed research, clinical experience and caregiver confessions. But a small and apparently growing number of forensic experts have begun to question many of the assumptions upon which the diagnosis rests—like whether shaking alone can produce the kind of traumatic head injuries attributed to SBS in the absence of other injuries, like a broken neck, or whether a child who has been shaken violently would immediately be rendered unconscious."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.abajournal.com/magazine/article/unsettling_science_experts_are_still_debating_whether_shaken_baby_syndrome_/

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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