Friday, July 7, 2017

Stephanie Spurgeon: Florida; Tampa Times: Shaken baby syndrome; 'Child abuse cases, like conviction of Palm Harbor day care owner, challenged by appeals lawyers nationwide.'..."It was once called shaken baby syndrome: abusive head trauma that occurs when a baby is shaken or handled violently, resulting in severe brain injuries. But what, appellate attorneys are now asking the courts, if those same injuries could have been caused by an accident? Or perhaps undiagnosed illnesses such as diabetes? They argue that new medical studies show that's a possibility. "We're often accused of being on the side of child abusers," said Katherine Judson, litigation coordinator with the Wisconsin Innocence Project. But in many such cases, she said, there is "very powerful evidence of innocence." That's why appeals like Spurgeon's have emerged as post-conviction lawyers raise concerns about outdated science used in old trials."..."Appeals of such cases face several hurdles, said (Katherine) Judson, who specializes in abusive head trauma cases. They are often fraught with emotion and can involve complicated science that is difficult to untangle in court. "They're very, very challenging for lawyers," she said. "We're not doctors." She added: "We're really committed, all of us, to making sure good forensic science is what makes it into the courtroom."


STORY: "Child abuse cases, like conviction of Palm Harbor day care owner, challenged by appeals lawyers nationwide," by   staff writer Laura C. Morel, published by the Tampa Times on July 5, 2017.
SUB-HEADING: "Maria Harris was just a year old when she fell asleep at her new day care and never woke up."

GIST: "It was Aug. 21, 2008. She died eight days later from a brain hemorrhage that doctors said was inflicted by abuse. Her day care worker, Stephanie Spurgeon, was convicted of manslaughter. The mother of two was sentenced to 15 years in prison. Now Spurgeon wants a new trial. Her appellate lawyers will argue that the forensic science that convinced a jury of her guilt is wrong. Maria likely died from a medical condition, they argue, not from physical injuries. Attorneys and scientists alike are challenging forensic science such as bite-mark evidence, hair analysis and latent fingerprints that law enforcement and prosecutors have long relied on to convict defendants. Spurgeon's case is part of a handful of child abuse cases being challenged nationwide in light of medical research that shows illness and other factors can also cause brain trauma in children, and not just abuse. "We've learned a lot even in the last decade," said Joshua Tepfer, a lawyer with the Exoneration Project who is representing Spurgeon. "We have no doubt that this is a miscarriage of justice."• • • It was once called shaken baby syndrome: abusive head trauma that occurs when a baby is shaken or handled violently, resulting in severe brain injuries. But what, appellate attorneys are now asking the courts, if those same injuries could have been caused by an accident? Or perhaps undiagnosed illnesses such as diabetes? They argue that new medical studies show that's a possibility. "We're often accused of being on the side of child abusers," said Katherine Judson, litigation coordinator with the Wisconsin Innocence Project. But in many such cases, she said, there is "very powerful evidence of innocence." That's why appeals like Spurgeon's have emerged as post-conviction lawyers raise concerns about outdated science used in old trials. She is being represented by the Innocence Project of Florida, the Exoneration Project and the Wisconsin Innocence Project. Spurgeon's isn't the first abusive head trauma case to be challenged in Tampa Bay.  In 2002, Pinellas-Pasco prosecutors dropped a murder charge against David Raymond Long of Holiday after the new medical examiner, Dr. Jon Thogmartin, determined his 7-month-old daughter died from pneumonia. That same year, John Peel of St. Petersburg, convicted of killing his 8-week-old son, was freed from prison after another review of the baby's autopsy found no evidence of abuse. At least eight other similar cases have been overturned across the country in the past decade, according to the National Registry of Exonerations. Appeals of such cases face several hurdles, said Judson, who specializes in abusive head trauma cases. They are often fraught with emotion and can involve complicated science that is difficult to untangle in court. "They're very, very challenging for lawyers," she said. "We're not doctors." She added: "We're really committed, all of us, to making sure good forensic science is what makes it into the courtroom."

The entire story can be found at:
http://www.tampabay.com/news/courts/criminal/child-abuse-cases-like-conviction-of-palm-harbor-day-care-owner-challenged/2329350

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;