Tuesday, November 8, 2016

Victor Rosario: Massachusetts; Flawed arson 'science'; Bulletin; Appeal today (November 8, 2016); Denise McWilliams; New England Innocence Project: "Victor is used to challenges. Arguably his greatest was his wrongful conviction of homicide by arson in 1983. The evidence against him? Flawed fire science that mischaracterized the vestiges of an intense fire as evidence of arson. A false confession extracted while Victor was undergoing delirium tremens due to alcohol withdrawal. And, finally, an eyewitness identification that correctly identified him as being at the scene, but was then used to support a series of erroneous conclusions that supported the prosecutor’s theory. Victor spent 32 years in prison, steadfastly maintaining his innocence and fighting for his freedom until, in July 2014, Judge Kathe Tuttman overturned the convictions and granted Victor a new trial. He was released on bail, no longer imprisoned but left in the uncomfortable position of waiting to see what further action the Commonwealth was going to take."... "The challenge, simply put, is this: can Massachusetts find a way to acknowledge the error of this man’s conviction and finally put the record to right? Or, will the criminal justice system’s historic refusal to set aside wrongful convictions hold sway over justice yet again? NEIP, along with the Boston College Innocence Program and the Innocence Project, recently filed an amicus brief on Victor’s behalf. In the last several years, Massachusetts courts (particularly the Supreme Judicial Court) have shown a willingness to rely upon science to rectify earlier wrongs. NEIP hopes that the trend will be sustained tomorrow, and that the arc will continue to bend towards justice. Denise McWilliams; New England Innocence Project. November 7, 2016.


"Victor Rosario challenged himself yesterday.  He ran the New York City Marathon.  His friends worried that he hadn’t trained enough. “The problem is he never says no to anyone,” they said. “I’ve never seen anyone like him.”  Turns out they needn’t have worried: he finished in 4:35:36.  Not a bad time for a 58 year old man who didn’t do enough training. Victor is used to challenges.  Arguably his greatest was his wrongful conviction of homicide by arson in 1983.   The evidence against him?   Flawed fire science that mischaracterized the vestiges of an intense fire as evidence of arson.  A false confession extracted while Victor was undergoing delirium tremens due to alcohol withdrawal.  And, finally, an eyewitness identification that correctly identified him as being at the scene, but was then used to support a series of erroneous conclusions that supported the prosecutor’s theory. Victor spent 32 years in prison, steadfastly maintaining his innocence and fighting for his freedom until, in July 2014, Judge Kathe Tuttman overturned the convictions and granted Victor a new trial. He was released on bail, no longer imprisoned but left in the uncomfortable position of waiting to see what further action the Commonwealth was going to take. The Commonwealth appealed Judge Tuttman’s decision and the Supreme Judicial Court will hear that appeal tomorrow, November 8, 2016......... Victor has met many challenges, and has done so with courage and grace.  But tomorrow’s challenge is different. This time, Victor is issuing the challenge to the Massachusetts criminal justice system.  The challenge, simply put, is this: can Massachusetts find a way to acknowledge the error of this man’s conviction and finally put the record to right? Or, will the criminal justice system’s historic refusal to set aside wrongful convictions hold sway over justice yet again? NEIP, along with the Boston College Innocence Program and the Innocence Project, recently filed an amicus brief on Victor’s behalf. In the last several years, Massachusetts courts (particularly the Supreme Judicial Court) have shown a willingness to rely upon science to rectify earlier wrongs. NEIP hopes that the trend will be sustained tomorrow, and that the arc will continue to bend towards justice."

The entire story can be found at:
http://www.newenglandinnocence.org/innocence-blog/2016/11/7/for-victor-rosario-justice-is-a-marathon-not-a-sprint

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.