Wednesday, November 30, 2016

John Bunn: Brooklyn, New York: A Louis Scarcella case. He has received a new trial because Scarcella was at the time of the investigation engaged what the judge called "false and misleading practices," the New York Post reports...“The cases of David Ranta, Derrick Hamilton, Robert Hill, Alvena Jennette and Darryl Austin that were investigated by Scarcella […] demonstrate this pattern and practice,” her decision continues, adding Scarcella showed “a disregard for rules, law and truth.”..."Seven of Scarcella’s cases have been thrown out due to allegations of evidence manipulation and witness tampering."



Image result for "white elephant"

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers, prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson; Think Gene Morrison.  I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to  what I see as a major problem in all too many criminal justice system's - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009; http://www.t-mlaw.com/blog/post/the-elephant-in-the-crime-lab/STORY: "Murder convict gets new trial due to disgraced cop’s role in case," by reporter Emily Saul, published by The New York Post on November 29, 2016.

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GIST: "A Brooklyn judge Tuesday ordered a new trial for a man who spent 16 years behind bars for a 1994 murder, because of disgraced former NYPD detective Louis Scarcella’s “false and misleading” practices. John Bunn was just 14 when he was stuck in a line-up by Scarcella, and later convicted for the murder of corrections officer Rolando Neischer in Crown Heights in 1992, alongside Rosean Hargrave. Bunn was paroled in 2009. Hargrave’s conviction was overturned in 2015.......“The findings of his court are that the assigned Detective, Louis Scarcella, was at the time of the investigation engaged in false and misleading practices,” the jurist said. “The cases of David Ranta, Derrick Hamilton, Robert Hill, Alvena Jennette and Darryl Austin that were investigated by Scarcella […] demonstrate this pattern and practice,” her decision continues, adding Scarcella showed “a disregard for rules, law and truth.”.........Bunn will be back in court in January, when a trial date will be set. Prosecutor Bernarda Villalona told the court her office may consider appealing Simpson’s
Seven of Scarcella’s cases have been thrown out due to allegations of evidence manipulation and witness tampering."

The entire story can be found at:

http://nypost.com/2016/11/29/murder-convict-gets-new-trial-due-to-disgraced-cops-role-in-case/

For 'background' see the2013 New York Times story at the link below: "The Brooklyn district attorney’s office has ordered a review of some 50 murder cases assigned to an acclaimed homicide detective, an acknowledgment of mounting questions about the officer’s tactics and the legitimacy of the convictions. The office’s Conviction Integrity Unit will reopen every murder case that resulted in a guilty verdict after being investigated by Detective Louis Scarcella, a flashy officer who handled some of Brooklyn’s most notorious crimes during the crack epidemic of the 1980s and 1990s. The development comes after The New York Times examined a dozen cases involving Mr. Scarcella and found disturbing patterns, including the detective’s reliance on the same eyewitness, a crack-addicted prostitute, for multiple murder prosecutions and his delivery of confessions from suspects who later said they had told him nothing. At the same time, defense lawyers, inmates and prisoner advocacy organizations have contacted the district attorney’s office to share their own suspicions about Mr. Scarcella."

http://www.nytimes.com/2013/05/12/nyregion/doubts-about-detective-haunt-50-murder-cases.html?action=click&contentCollection=N.Y.%20%2F%20Region&module=RelatedCoverage&region=EndOfArticle&pgtype=article

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/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.