GIST: "An infamous, deadly arson case from more than 30 years ago is heading to the state’s highest court and will force the judges to consider whether old investigations into intentional fires were fatally flawed due to outdated science. The Supreme Judicial Court will decide next month whether Victor Rosario should have been given a new trial for his alleged role in a 1983 Lowell fire that killed eight people. Rosario, who served 32 years behind bars, was set free on bail in 2014 after Superior Court Judge Kathe M. Tuttman said she had doubts about “the justice of the conviction.” Rosario initially admitted to the crime, but retracted later. His attorneys say he was coerced into a false confession and was convicted by faulty science. “Mr. Rosario is one of a growing number of individuals wrongfully convicted of arson in the 1980s because, at that time, fire investigators erroneously believed they could determine the origin and cause of a fully developed fire by examining burn marks and other visual clues at a fire scene,” his attorneys wrote in their appeal to the SJC to uphold Tuttman’s decision to grant a new trial. Rosario’s hearing comes after three failed attempts to have the case reheard. His attorneys — along with legal and arson experts — say his case points to a familiar trend in arson convictions from that era. “Some of the old training, when you look at it now, just wasn’t adequate,” said Dr. John DeHaan, a renowned expert in fire- and explosion-related forensic science. “There is a lot more knowledge out there. Fire is one of man’s oldest tools, but it’s so complicated and largely misunderstood.” DeHaan said he was contacted by Rosario’s attorneys to assess his case, but he was never called in to testify on his behalf. Craig Beyler, a fire-related forensic expert, did testify but declined to comment, citing the pending SJC case."
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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
Harold Levy. Publisher; The Charles Smith Blog.