Friday, May 31, 2013

Access to DNA for testing: Larry Peterson; Oklahoma becomes 50th state to guarantee wrongly convicted access to DNA testing to prove innocence; But there is still work to be done because some states still put barriers in the way; Innocence Project release.


RELEASE: "Oklahoma becomes 50th state to guarantee wrongly convicted access to DNA testing to prove innocence," published by the Innocence Project on May 28, 2013.

GIST: "Oklahoma Governor Mary Fallin signed a bill into law on May 24th that provides Oklahomans the right to DNA testing that could prove they were wrongly convicted.  The legislation (HB 1068) passed unanimously through both chambers of the Oklahoma State Legislature. With the Governor’s signature, Oklahoma became the 50th and final state to pass a post-conviction DNA testing law.  Since 1989 when DNA testing first became available as a forensic tool, 307 people who were wrongly convicted of crimes they didn’t commit have been exonerated by DNA evidence nationwide.   “Two decades ago, when we founded the Innocence Project, no state in the nation had a law on the books to help wrongfully convicted people access DNA testing to prove their innocence,” said Barry Scheck, Co-Director of the Innocence Project, which is affiliated with Cardozo School of Law.Today every state in the country now has a law allowing wrongfully convicted people the legal means to request DNA testing.”......... Laws like the one recently passed in Oklahoma provide many wrongly convicted individuals important avenue to gain access to DNA testing. Without such laws, prisoners have no statutory right to testing, which means wrongly convicted individuals must rely on judges and prosecutors to grant access. In 1989, for example, Larry Peterson was falsely convicted of murder and spent 16 years in a New Jersey prison. Peterson struggled unsuccessfully for 9 years to have DNA testing conducted on evidence collected in his case. With the passage of New Jersey’s DNA statute in 2002, Peterson was finally able to get testing, which ultimately proved his innocence and exonerated him as the perpetrator of the crime.   “We hope to see state legislatures begin taking steps to improve upon current post-conviction DNA testing laws,” said Stephen Saloom, Policy Director at the Innocence Project. “I encourage lawmakers to look to Oklahoma’s recently enacted law as an example of a statute that provides inclusive access.” Oklahoma’s new law is one of the most comprehensive in the nation, allowing DNA testing in violent felony cases and in cases resulting in a sentence of 25 years or greater, if such testing could provide proof of innocence. Statutes in some other states, however, limit access to DNA testing in important ways. For instance, petitioners in some states exclude those who either pled guilty or confessed, even though more than a third of the 306 people exonerated by DNA either falsely confessed or pled guilty.    Many other states require petitioners to be incarcerated in order to apply for testing, meaning the wrongly convicted living on parole or as a registered sex offender are unable to gain access to the technology that could clear their names. Some states only grant access to only those convicted of a short list of violent felonies. In Alabama, for instance, only those sentenced to death have a statutory right to access post-conviction DNA testing."

The entire release can be found at:

https://mail.google.com/mail/u/0/?shva=1#inbox/13eec9c6736e9750

Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to DNA related issues.

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Thursday, May 30, 2013

George Souliotes: LA Times on U.S. Supreme Court's lifting of its time limit on some 'actual innocence' appeals.


STORY: "Supreme Court lifts time limit on some 'actual innocence' appeals: In a 5-4 decision, the Supreme Court removes the one-year limit on federal appeals for prisoners who can make a "convincing showing of actual innocence," by reporter David G. Savage, published by the LA Times on May 28, 2013.

GIST: "The Supreme Court gave a second chance Tuesday to prisoners who come up with strong new evidence of their innocence, but who have waited too long to file an appeal. In a 5-4 decision, the justices lifted the one-year time limit for filing such appeals in a federal court. Only the rare case will benefit from this leniency, they said. A prisoner must make a "convincing showing of actual innocence," Justice Ruth Bader Ginsburg said. The new evidence must be strong enough to persuade a judge that "no juror, acting reasonably, would have voted to find him guilty" at his trial had the jury known of it, she said. Although the decision dealt only with the procedural rules, it came after two decades in which hundreds of prisoners have been found to be innocent based on new DNA tests. Such new evidence or new statements from old witnesses may run up against the time limit for appeals........."This decision won't affect a huge number of cases, but for the cases it will affect, the impact will be huge," said Linda Starr, an attorney for the Northern California Innocence Project at Santa Clara University. She cited the case of George Souliotes, a Modesto man convicted of setting a deadly fire, who won a new hearing last year based on his evidence of actual innocence.""

The entire story can be found at:

http://www.latimes.com/news/nationworld/nation/la-na-court-actual-innocence-20130529,0,3305555.story

Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to the Souliotes case.

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Wednesday, May 29, 2013

Shane Truman Todd: Singapore police acknowledge violating protocols in investigation of American's death; No fingerprint dustings; No DNA swabs; Parents question why police examined laptop contents. Industrial espionage implications? Fox News.



"Singapore police who examined the scene of an American's death admitted on the last day of a coroner's inquest Monday that they deviated from official protocols by not dusting for fingerprints or collecting DNA samples, and by examining the contents of a laptop computer there. Shane Truman Todd's body was found in his Singapore apartment by his girlfriend last June 24, and police have said he killed himself. State counsel presented evidence of links to suicide websites on the 31-year-old's laptop and suicide letters written to family members and loved ones. Todd's parents, Rick and Mary Todd, told The Associated Press in March that they believe he may have been murdered over his research in the U.S. into material used to make heat-resistant semiconductors, a technology with both civilian and military applications. The Todds have received assistance in the case from U.S. senators and the FBI. When asked by government lawyers why police had not ordered a further investigation of the apartment, police Sgt. Muhammad Khaldun Bin Sarif said he and his partner had made "a preliminary assessment" that pointed to suicide and determined there were "no signs of foul play." He said the officers decided as a result "not to perform fingerprint dustings or DNA swabs." Asked why he had deviated from police protocols by assessing a personal laptop at a crime scene, Khaldun said he had found two notes in Todd's apartment, one of which contained a password which he used to gain access to the laptop nearby. Khaldun explained that the protocol was only "a guideline which can be deviated from.""

The entire story can be found at:

http://www.foxnews.com/world/2013/05/27/singapore-police-acknowledge-violating-protocols-in-investigation-american/?cmpid=NL_FNTopHeadlines

Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to this matter;

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  


Sent from my iPad

Tuesday, May 28, 2013

Texas Forensic Science Commission: Reforms to body once under blistering attack in the Cameron Todd Willingham case and elsewhere are drawing praise from some of its critics. The Texas Tribune.


STORY: " Reforms expand forensic science commission authority," by reporter Brandi Grisson, published by the Texas Tribune on May 25, 2013.

GIST: "The commission has drawn national praise this year for its handling of another high-profile cases, including an investigation of Jonathan Salvador, whose mistakes in analyzing drug evidence at the Houston DPS crime lab have led to more than a dozen overturned convictions.  “They’re doing a very good job, and they’re really just scratching the surface at finding some of the problems,” said Scott Henson, policy director for the Innocence Project of Texas. Under SB 1238, which both the House and Senate have approved, the commission’s authority will be expanded to include both accredited and non-accredited crime labs. It will also have authority to investigate complaints involving many additional types of forensic science, including latent print examinations, breath-alcohol testing, voice analysis and forensic hypnosis. She said the commission would work to establish best practices to help those in the criminal justice field — in Texas and other states — understand what kind of evidence is reliable. “Those are disciplines where there may be some real questions about the validity of methods being used,” said Garcia. Exempted from the commission’s authority, though, are autopsies conducted by medical examiners. .......“They will be able to identify junk science, which we’re trying to eliminate so that any forensic analysis is based on research and scientific facts,” Hinojosa said. “It’s incredibly important that the public have faith and confidence in the criminal justice system and that we don’t end up wrongfully convicting innocent people.”"

The entire story can be found at:

http://www.texastribune.org/2013/05/25/reforms-expand-forensic-science-commission-authori/

Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to the Texas Science Commission.

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Monday, May 27, 2013

Henry Keogh and Edward Splatt; Cases seen as ripe for South Australia's new law reform legislation; Developments are being watched closely elsewhere in Australia. Nino Bucci. The Age.


The entire asory can be found at:

http://www.watoday.com.au/national/murder-law-reform-considered-20130527-2n7ie.html

Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to the new South Australian law and its aftermath.

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Annie Dookhan: New lawsuit singles out top officials; Aims at highlighting policy failures and failure of supervisors who should have known what was going on to stop the alleged misconduct. Boston Herald.


STORY:  "Lab crisis hits state house: New lawsuit targets top officials,"   by reporter Erin Smith, published on May 26, 2013, by Erin Smith, published on May 26, 20134, by the Boston Herald.

GIST: "A man whose drug conviction was reversed after he was sprung from prison because of the massive drug lab scandal is targeting former top state officials in a potential “nightmare” experts say could cast a spotlight on policy failures in the Patrick administration and dog the governor if he pursues a White House bid in 2016. “Once you get into discovery, it could be a nightmare,” said Boston University political history professor Thomas Whalen. “Gov. Patrick has said he had no knowledge of this, so we’ll see who knew what. The courts will open this up. It could be a can of worms for the Patrick administration.” David Jones, who spent more than two years in prison based on drug evidence analyzed by rogue chemist Annie Dookhan before his convictions were overturned in March, is suing former Secretary of Health and Human Services JudyAnn Bigby, former state Public Health commissioner John Auerbach and three former top lab bosses. Unlike a previous federal lawsuit filed in February that names Dookhan, Bigby, Auerbach and prosecutors, Jones’ complaint leaves Dookhan, who is accused of tainting drug evidence in thousands of cases, and prosecutors off the hook and places the blame squarely on the administration. “Her misconduct is widely known and she’s being held accountable in the criminal courts, but at this point no one is holding her supervisors accountable,” said attorney Michael Tumposky, who filed the suit on behalf of Jones. “The purpose of this lawsuit is to highlight the policy failures as well as the failure of the supervisors who should have seen what was going on and to a certain extent knew what was going on and didn’t do anything to stop it.”"

The entire story can be found at:

http://bostonherald.com/news_opinion/local_politics/2013/05/lab_crisis_hits_state_house

Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to the prosecution of Annie Dookhan and the Massachussett's lab crisis and its implications.

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  



Sent from my iPad

Sunday, May 26, 2013

George Souliotes: Trial date set as prosecutor refuses to drop charges in deadly Texas fire - in spite of allegations that he was convicted on basis of outdated arson science. The Modesto Bee.




"A defense attorney has filed a motion to dismiss charges against a man facing a third trial in Stanislaus County after a federal judge overturned his 2000 conviction in the deaths of a mother and her two young children in a Modesto house fire. The federal judge ordered prosecutors to start the new trial for George Souliotes by July 10 or set him free. Local prosecutors say there is "ample admissible evidence" to prove the defendant started the fire. A hearing for arguments over the motion to dismiss has been set for June 5. Souliotes is charged with three counts of murder and one count of arson. His trial is scheduled to start July 8.........Jim Brosnahan, Souliotes' defense attorney, says evidence linking his client to the fire has been confirmed to be false by scientific advances in arson investigation, according to the defense motion filed Monday in Stanislaus County Superior Court. "Mr. Souliotes has spent over 16 years incarcerated based on evidence the government admits is false," Brosnahan said in his motion. "The prosecution has an obligation to cure its prior submission of false evidence. No one should have to undergo the injustice imposed on Mr. Souliotes.".........Souliotes, 72, was transferred earlier this month from Salinas Valley State Prison and is being held without bail at the Stanislaus County Jail. A hearing to determine whether a bail amount should be set has been scheduled for June 10."

The entire story can be found at:

http://www.modbee.com/2013/05/24/2731447/lawyer-drop-charges-in-modesto.html

 Keep your eye on the Charles Smith Blog. We are following developments relating to this case.

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Saturday, May 25, 2013

Glenn Merkord: Texas; Houston Chronicle reports that nore than 1,200 drunk while intoxicated cases may have been compromised; he was suspended for renewing certification for operators of alcohol testing machines who had not fulfilled all of the requirements.


STORY: ""More than 1,200 DWI (driving while intoxicated) cases may be compromised," by reporter Brian Rogers, published by the Houston Chronicle on May 23, 3013.

GIST:  "Defense lawyers said Thursday that problems with a DPS supervisor in Conroe tasked with regulating alcohol testing machines and the police officers who operate them could affect more than 1,200 DWI cases. Glenn Merkord was suspended for 30 days this month for renewing certifications for machine operators who had not fulfilled all of the requirements for certification, according to a letter the Department of Public Safety sent Merkord notifying him of his punishment. "It's very disturbing," said attorney Tyler Flood, who cross-examined Merkord during an April driving-while-intoxicated trial that led to the investigation ending with the technician's suspension. "They found that he wasn't complying with lots of the required DPS guidelines, which is basically the law when it comes to breath testing." DPS officials said little about Merkord on Thursday except that the agency is communicating with area prosecutors explaining the results of the review. In a brief statement, DPS spokesman Tom Vinger said four cases could be affected by the suspension. Flood estimated that the mistakes could affect more than 1,000 cases in Montgomery County and other counties where he oversaw other machines. ........ On Thursday, Merkord said he had made mistakes but expects to be back on the job after being suspended for 30 days on May 10. "I made a mistake, and because of that I was suspended," Merkord said. He said he will retake the tests that qualify him to again oversee Intoxilyzers and the officers who operate them. "I will be recertifying at the earliest opportunity.""

The entire story can be found at:

http://www.chron.com/news/houston-texas/houston/article/More-than-1-200-DWI-cases-may-be-compromised-4544405.php

Keep your eye on the Charles Smith Blog. We are following developments relating to Glenn Merkord.

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Friday, May 24, 2013

Bennie Starks. Chicago. Innocent man imprisoned for 20 years permitted to sue two dentists in connection with their bite mark evidence; He is also permitted to pursue a claim that police and dental defendants engaged in a conspiracy to convict him of the crime. Courthouse News.


 STORY: "Man wrongly imprisoned for 20 years may sue," by reporter Lorraine Bailey, published by the Courthouse News on May 22, 2013.

 GIST: An innocent man imprisoned for 20 years for a sexual assault he did not commit may sue the forensics experts who falsely testified that his semen and teeth marks were linked to the crime, a federal judge ruled.     In 1986, Bennie Starks was convicted of aggravated sexual assault, and sentenced to 60 years in prison. But in 2002, Starks sought a new trial, arguing that DNA evidence excluded him as the attacker.     In 2006, the Illinois Appellate Court vacated Starks' conviction, and remanded the case for retrial. Starks was released on bond, and the state dropped all charges in 2012.     Starks then filed a federal complaint against the City of Waukegan, Illinois, and the government witnesses who testified against him, alleging violation of his due process rights and conspiracy. ........     Drs. Carl Hagstrom and Dr. Russell Schneider, two dentists, allegedly testified that a bite mark on the victim's body matched Starks' teeth, but they used a methodology which they knew at the time was outdated and could not be relied upon.     Furthermore, the state's forensic technician, Sharon Thomas-Boyd, submitted a report falsely claiming that the semen found on the victim could have been Starks', although her tests excluded Starks as the source.     U.S. District Judge Gary Feinerman denied the defendants' motions to dismiss except for Starks' claim for emotional distress, which is time-barred. ........ He also upheld Starks' claims that the defendants engaged in a conspiracy to convict him for the crime. "The complaint amply alleges that the police defendants, the dentist defendants, and Thomas-Boyd all worked to get Starks convicted for a crime he did not commit, and it is more plausible that they each made their contributions to that effort in the context of an agreement to secure a wrongful conviction than that, by some wild coincidence, everyone who came into contact with Starks's case independently developed a desire to see him convicted and a willingness to lie in pursuit of that goal," the judge said.

http://www.courthousenews.com/2013/05/22/57878.htm

Keep your eye on the Charles Smith Blog. We are following developments in the Bennie Starks case.

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Thursday, May 23, 2013

Willie Manning: Execution stayed, but his legal battles also continue on another front: "Judge denies new trial for Willie Manning in Starkville slayings." Clarion-Ledger.


STORY: "Judge denies new trial for Willie Jerome Manning in Starkville slayings, by the Associated Press, published by the Clarion-Ledger on May 21, 2013.

GIST:  "A judge has denied Willie Jerome Manning's request for a new trial in the 1993 slayings of a 90-year-old woman and her 60-year-old daughter in Starkville. Oktibbeha County Circuit Judge Lee Howard handed down his ruling Tuesday. Manning's attorney, Robert Mink, calls the ruling "astonishing" and says he'll appeal. Manning had been set for lethal injection May 7 in a separate case — the 1992 slayings of two Mississippi State University students. The state Supreme Court blocked the execution hours before it was scheduled. Justices didn't explain their action, but Manning had argued that DNA tests would prove him innocent."
The entire story can be found at:

http://www.clarionledger.com/viewart/20130521/NEWS01/130521028/Judge-denies-new-trial-Willie-Jerome-Manning-Starkville-slayings-

See "Another astonishing ruling," published by Justice For Willie Manning:  "On March 2, Willie Manning submitted a post-hearing memorandum challenging the constitutional validity of his convictions for the murders of two elderly ladies at their apartment in Brooksville Garden in 1993. This is the second of Willie’s two cases, and involved the same prosecutor as in his first case (Forrest Allgood). As mentioned in the previous post, the primary issues to be pursued in this case are: the State failed to disclose evidence favorable to Willie (it did not disclose crime lab notes about the shoe size of a print found at the murder scene, which was several sizes smaller than Willie’s shoes). the State presented false evidence (it did not disclose law enforcement notes showing that the key witness’s essential testimony was false, as the apartment where he claimed to have lived, and from where he stated that he observed Willie, was empty at the time). On Tuesday May 21, Oktibbeha County Circuit Judge Lee Howard denied Willie’s post-hearing memorandum in this case  (see Associated Press report carried by many newspapers e.g. San Francisco Chronicle and Greenwich Time). The report states, ‘In the ruling issued Tuesday, Howard wrote: “The court finds that Lucious’ testimony that he was threatened into testifying at the petitioner’s trial and that Allgood knew his testimony to be false is unreliable and should be given no weight in the present proceedings.”’ Willie’s attorney, Robert Mink, said he will appeal, as the prosecutors’ case against Manning was based on the testimony of an alleged eyewitness who later recanted. Mink is quoted as saying, “This is just astonishing”.

"Another astonishing ruling" can be found at:

http://justice4willie.com/2013/05/22/willie-manning-death-row-mississippi-another-astonishing-ruling/

Keep your eye on "The Charles Smith Blog,"  dear reader. We are following Willie Manning's cases.

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Wednesday, May 22, 2013

David Szach: (South Australia); A passionate cry to breath life into South Australia's new statutory right of appeal by ensuring that legal aid will make it accessible - by Bob Moles and Bibi Sangha (in the context of a case where the underlying forensics have come under blistering attack.)


POST: "Funding appeals is in the public interest," by Bob Moles and Bibi Sangha, published by New Matilda on May 20, 2013. (Dr. Bob moles is a legal scholar and author - and publisher of  "Networked knowledge," a superb website devoted to analysis of miscarriages of Justice in Australia and elsewhere. Bibi Sangha is a senior lecturer in law at Flinders University.  These two courageous  law reformers have led the battle for a new statutory right of appeal in criminal cases in South Australia. Now they are leading the fight to ensure that the new right is not eviscerated  by  refusal of legal aid funding.)

PUBLISHER'S VIEW. (Editorial): It is evident from reading this important article by Bob Moles and Bibi Sangha, that the South Australian Legal Services Commission has taken a stand on funding David Szach's appeal under the new legislation which has the effect of crippling it. Ironically, the funding is apparently being denied in a case which cried out for an appeal - a case in which the forensic evidence used to convict Mr. Szach has since come under  blistering attack. By taking such a narrow view of the new legislation,  the funding body risks sabotaging the new legislation and drawing its own reputation into disrepute. Instead, the Commission should be facilitating the new legislation by taking a generous view of the public interest - and the new right of appeal should be made available thoughout the rest of Australia, so that all Australians will have an equal opportunity for justice in the nation's  criminal courts.

Harold Levy; Publisher. The Charles Smith Blog.

GIST: "South Australia has just passed a statutory right of appeal in criminal cases – but it's refused legal aid funding to one of the first people to try and exercise that right, write Bibi Sangha and Bob Moles Over recent months there has been much publicity about the new statutory right of appeal in criminal cases which was introduced in South Australia on 5 May 2013. Now the Legal Services Commission in the state has issued a disappointing response to the first application it has received under the new legislation by refusing legal aid funding for an appeal. In 1979, David Szach was convicted of the murder of criminal lawyer Derrance Stevenson. After being shot, Stevenson’s body was placed in a freezer where it was found the following day. The pathologist calculated a time of death which coincided with witness statements which placed Szach at the scene around that time. At the trial, the prosecutor said, “the objective and scientific evidence means that he was dead by 6.40, and the accused was there.” That was no doubt compelling evidence as far as the jury was concerned and contributed to the guilty verdict. Szach’s Petition to the Governor in 2006 showed that there is “fresh and compelling” evidence which could now be presented to the Court of Appeal. For example, Professor Bernard Knight, a world-leading authority on the issue of timing death based upon post mortem cooling said of the calculations in this case: “… all I can say is that in my opinion his reliance upon very speculative and tenuous calculations is ill founded and that the degree of accuracy he offers cannot be substantiated.” He said in relation to another aspect of the calculations, “this to me appears to be a figure snatched from the air without any scientific validation.” Under the new law which grants a right of appeal where there is “fresh and compelling evidence” of a wrongful conviction, this is about as close as one can get to the gold-standard of error at trial. However, when Szach applied for legal aid funding to enable him to obtain legal representation to take his matter back to the court, he was surprised to be told that there was no longer any significant public interest in whether he may have been wrongly convicted. The Commission said that as Szach had served the sentence imposed by the Court, and had been released, “it appears that the only purpose for an appeal would be to have the conviction quashed” — “with no other practical benefit to be claimed”.........To then introduce a statutory remedy, and at the same time to refuse to provide any funding to those who need to take advantage of it, might seem to be a cynical and inappropriate response to the problem. Such a situation might also offend against the principle of ‘equality before the law’. All citizens should have an equal right of access to the courts, unless there are objective factors which justify some difference in treatment."
The entire post can be found at:

http://newmatilda.com/2013/05/20/funding-appeals-public-interest

See "Historic reform to South Australia's criminal appeals law (World news: Australia);   "Historic reforms in South Australia now allow prisoners a second chance to appeal their convictions. It's the most significant change to Australia's criminal appeals laws in a century and experts say other jurisdictions are likely to follow suit.  The story can be found at:

http://www.sbs.com.au/news/article/1768562/Historic-reform-to-SA-s-criminal-appeals-laws

Keep your eye on "The Charles Smith Blog,"  dear reader. We are following the Szach case - and the hugely important funding issue related to South Australia's statutory right of appeal.

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Tuesday, May 21, 2013

Annie Dookhan: "Bad chemistry: A special report: WBUR takes a comprehensive look at "the Massachusetts drug lab crisis". Exellent perspective on the "ripple effects." Reporter Deborah Becker.


STORY: "Annie Dookhan and the Massachusetts drug lab crisis," by reporter Deborah  Becker, published by WBUR on May 19, 2013.

GIST:" In August 2012, Massachusetts officials closed the Hinton state drug lab in Jamaica Plain because a then-obscure chemist allegedly “failed to follow testing protocols” while testing drugs related to criminal cases. That chemist is no longer obscure: Annie Dookhan is now frequently mentioned by lawyers, judges, police and criminal defendants who refer to the cases she handled as “Dookhan cases......... The ripple effects of the potentially bogus testing are staggering for the criminal justice system and for the defendants. As authorities review the cases involved, they’re also considering cases where defendants received stiffer sentences because of previous offenses. Or cases where defendants risked or lost jobs, public housing, custody of their children, or deportation.
District attorneys have set up “war rooms” in their offices just so staffers can research and match the cases in which Dookhan tested the drug evidence. They’ve hired retired judges to preside over dozens of special court sessions to review each case and decide whether to release those incarcerated and/or hold new trials.........“Bad Chemistry” is WBUR’s chronicling of the drug lab, the chemist and the justice system’s turmoil; the turmoil will likely take years and tens of millions of dollars to unravel.
We will continue to publish and update the information as the story unfolds."
The entire story can be found at:

http://badchemistry.wbur.org/2013/05/19/annie-dookhan-and-the-massachusetts-drug-lab-crisis

See the WBUR editorial comment:"Still, a question persists: How big is (the) drug lab crisis?"  “The idea is that you should be blind testing,” said Anne Goldbach, director of forensic services for the Committee for Public Counsel Services, the state public defender agency. She says a chemist or anyone doing forensic testing should not know a defendant’s name or other specifics about a case. “You can tell that Annie Dookhan felt a sense of allegiance to the prosecution. That is unconscionable,” Goldbach said. National forensic experts say the same. Joe Bono, a forensic consultant and former president of the American Association of Forensic Sciences, says any state’s criminal justice system must make it clear that scientific testing of evidence is unbiased. “The job of a forensic scientist is not to put anybody in jail,” Bono said. “It’s not to provide biased information that can be used by one side or the other. It’s simply to report the information that’s found in the laboratory. When a scientist is communicating with an attorney on either side in such a way that that person’s ability to be objective is questioned, there’s a problem.”" The editorial comment can be found at:

http://badchemistry.wbur.org/2013/05/19/drug-lab-crisis-data
 

Keep your eye on "The Charles Smith Blog,"  dear reader. We are following the Annie Dookhan debacle.


PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  

Monday, May 20, 2013

Theresa Caragine: New York Daily News reports that a pioneer in DNA testing has quit the Medical Examiner's Office; Some criminal cases to be reviewed for potentially faulty test results. Tip of iceberg?









STORY: "Exclusive: Pioneer in DNA testing quits Medical Examiner's Office over lab violations, by reporters Shayna Jacobs, Kerry Burke and Daniel Beekman, published by the New York Daily News on May 16, 2013.

SUB-HEADING: "Theresa Caragine stepped down in April after it was revealed she had overruled staff under her supervision and failed to turn the conflicts over to a third party. Now the door has been opened for some criminal cases to be contested for use of potentially faulty test results."

GIST;   "A top deputy at the medical examiner’s office who has been lauded for her work in DNA testing resigned amid revelations that she sidestepped lab protocol in at least two criminal cases, the Daily News has learned. The abrupt April 19 departure of Theresa Caragine is the latest snafu to befall the office and has already affected ongoing cases in the Bronx and Brooklyn, according to court papers. Hundreds of rape cases the office examined were already under review due to potentially botched testing by lab tech Serrita Mitchell, 55, who resigned but later denied wrongdoing. That scandal also led to the suspension of Mecki Prinz, the office’s forensic biology director. Prinz, 55, resigned May 3. The latest debacle has opened the door for defense lawyers to question DNA evidence in several cases. Caragine’s actions came to light because Legal Aid Society lawyers have been digging for details about her resignation and complex DNA testing she oversaw, said Alan Gardner, head of Legal Aid’s DNA unit. Along with partner Adele Mitchell, Caragine, 43, pioneered an acclaimed but controversial DNA testing tool, which helps identify genetic profiles in samples from multiple people, a difficult task. “I believe that the problems that are revealed in the disclosures obtained in the Brooklyn case are the tip of the iceberg,” Gardner said.

The entire story can be found at:

http://www.nydailynews.com/new-york/dna-testing-pioneer-resigns-medical-examiner-office-article-1.1345383#ixzz2TT517GYN

Check out  the related post on "The truth about forensic science blog":  "The forensic lab worker retirement plan again: Screw up tests, skip steps...retirement life." (The truth about forensic science blog" is one of my favourites. Justin McShane, the guiding force behind the blog, is a Pennsylvania lawyer who has an aversion to medical examiners who abuse their powers or otherwise cut corners and fail to exercise the diligence and high standards required of people working within the realm of forensic science inside the criminal justice system. HL.)

http://www.thetruthaboutforensicscience.com/the-forensic-lab-retirement-plan-again-screw-up-tests-skip-steps-retirement-life/

 Dear reader: Look out for future posts on the Charles Smith Blog. We are following  developments relating to  Theresa Caragine and the Medical Examiner's Office;

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.  
  



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