Tuesday, February 27, 2018

Garr Keith Hardin: Kentucky: Jeffrey Dewayne Clark: Kentuck. Great news. (Exonerated at last); As the Louisville Courrier Journal reports (reporter Andrew Wolfson): "After 26 years, men accused in Satanic murder case are free."..." In 2016, Judge Butler granted the pair a new trial and freed them on bond, saying there was no credible evidence that Warford's murder was inspired by satanic worship, as the prosecution had contended, and that the convictions were "based on assumptions we now know to be totally false.” Meade Commonwealth’s Attorney David M. Williams and Assistant Attorney General Perry Ryan doubled down, not only vowing to retry the defendants but getting a grand jury to indict them on additional charges of perjury and kidnapping, making them potentially eligible for the death penalty. But Butler dismissed the new charges, saying they were vindictive, and Attorney General Andy Beshear’s office earlier this month moved to dismiss the case altogether, citing the prosecution’s duty to do justice. Hardin was represented by the Innocence Project in New York and Louisville attorney Larry Simon; Clark's lawyers from the Kentucky Innocence Project included Linda A. Smith, who retired on disability in December and couldn't attend Monday's hearing on account of her health." (Publisher's Note: A bravo to The Innocence Project in New York and all of the lawyers who persisted in achieving justice for these two men. A good look in the mirror to the police and prosecutors who persectued them. Kudos to Judge Bultler who just did his job and did it well. HL);


STORY: "After 26 years, men accused in Satanic murder case are free,by reporter Andrew Wolfson, published By The Louisville Courier Journal (USA TODAY Network) on February 26, 2018.



QUOTE OF THE DAY:  "Seema Saifa, a lawyer from the Innocence Project in New York, said in court that both men were convicted through "unconscionable misconduct" of police in the worst miscarriage of justice she'd ever seen. "They stole their youth but they couldn't take away their dignity," she said."

PASSAGE OF THE DAY:  "The defendants were convicted at a trial in Brandenburg, but over the years, the evidence against them collapsed. The FBI disclaimed hair matching as junk science, and DNA testing – which the commonwealth had fought against – show that the hair on Warford’s sweatpants belonged to neither defendant and the blood on Hardin’s handkerchief was his own – as he had always claimed. The jailhouse snitch’s testimony was discredited – he was shown to have perjured testimony against another defendant. And it turned out Handy had a track record of fabricating witness statements, most notably in a murder case against Edwin Chandler, who served nearly 10 years in prison largely because of Handy’s testimony before he was exonerated and collected an $8.5 million settlement from the city of Louisville. In 2016, Judge Butler granted the pair a new trial and freed them on bond, saying there was no credible evidence that Warford's murder was inspired by satanic worship, as the prosecution had contended, and that the convictions were "based on assumptions we now know to be totally false.”
------------------------------

STORY: "After 26 years, men accused in Satanic murder case are free,by reporter Andrew Wolfson, published By The Louisville Courier Journal (USA TODAY Network) on February 26, 2018


GIST: "They were both behind bars for more than 8,000 days — more than half their lives. Now they are free. After 26 years — and a 10-minute hearing Monday in Meade Circuit Court — a judge dismissed the murder case against Garr Keith Hardin and Jeffrey Dewayne Clark, who were convicted in 1995 in a case falsely linked to satanic worship. Both hugged their families and friends. Hardin's lawyers held his hand above his head like a heavyweight champion celebrating after a long bout.........Seema Saifa, a lawyer from the Innocence Project in New York, said in court that both men were convicted through "unconscionable misconduct" of police in the worst miscarriage of justice she'd ever seen. "They stole their youth but they couldn't take away their dignity," she said......... The saga began in the early morning hours of April 2, 1992, when Warford disappeared from Louisville. Three days later, on April 5, 1992, she was found stabbed to death in Meade County, about 50 miles from her home. The victim had spent April Fool’s Day, 1992, hanging with friends in a Kroger parking lot near her home. She told her mother that on the way home, a strange man followed and harassed her, shouting that he wanted to marry her.  But investigators from Louisville Metro Police and the Meade County sheriff’s office focused instead on Hardin, who had dated Rhonda, and his friend, Clark. Her mother told investigators that both men and her daughter had dabbled in satanic practices. Facing a gruesome murder with little physical evidence, the Louisville department assigned Detective Mark Handy to lead the investigation. Handy had a reputation as a closer who could wrest a confession out of anybody.  The suspects refused to confess, but Handy said Hardin admitted sacrificing animals as a part of a Satanic ritual and later decided that he wanted to “do a human.” The commonwealth also cited a bloodstained handkerchief found in Hardin’s home that detectives said had been used to clean up after animal sacrifices. The commonwealth's forensic examiner testified that a hair on Warford's sweatpants was a “microscopic match” to Hardin's hair. And Meade Sheriff Joseph Greer found a jailhouse informant who testified that Clark twice admitted to the murder. The defendants were convicted at a trial in Brandenburg, but over the years, the evidence against them collapsed. The FBI disclaimed hair matching as junk science, and DNA testing – which the commonwealth had fought against – show that the hair on Warford’s sweatpants belonged to neither defendant and the blood on Hardin’s handkerchief was his own – as he had always claimed. The jailhouse snitch’s testimony was discredited – he was shown to have perjured testimony against another defendant. And it turned out Handy had a track record of fabricating witness statements, most notably in a murder case against Edwin Chandler, who served nearly 10 years in prison largely because of Handy’s testimony before he was exonerated and collected an $8.5 million settlement from the city of Louisville. In 2016, Judge Butler granted the pair a new trial and freed them on bond, saying there was no credible evidence that Warford's murder was inspired by satanic worship, as the prosecution had contended, and that the convictions were "based on assumptions we now know to be totally false.” Meade Commonwealth’s Attorney David M. Williams and Assistant Attorney General Perry Ryan doubled down, not only vowing to retry the defendants but getting a grand jury to indict them on additional charges of perjury and kidnapping, making them potentially eligible for the death penalty. But Butler dismissed the new charges, saying they were vindictive, and Attorney General Andy Beshear’s office earlier this month moved to dismiss the case altogether, citing the prosecution’s duty to do justice. Hardin was represented by the Innocence Project in New York and Louisville attorney Larry Simon; Clark's lawyers from the Kentucky Innocence Project included Linda A. Smith, who retired on disability in December and couldn't attend Monday's hearing on account of her health. The matter is far from over. Clark and Hardin both filed lawsuits last year in U.S. District Court against Meade County and Louisville Metro government, as well as Handy and other detectives, accusing them of conspiring to wrongfully convict and imprison them.  “Their convictions rested on fabricated statements they never made and forensic evidence the prosecution wrongly argued Hardin left behind on the victim’s body,” the suits say. “Clark and Hardin’s wrongful convictions were not an accident but rather the result of police misconduct.” The attorney general’s office also said in a statement this month that it will continue to investigate Warford’s murder. Attorneys for Clark and Hardin also called for the attorney general's office to follow through on every case investigated by Handy, whom they say was responsible for the wrongful incarceration of three men. Handy retired from the Louisville department and is a sworn officer with the Jefferson County sheriff's department."

The entire story can be found at:  


https://www.usatoday.com/story/news/nation-now/2018/02/26/after-26-years-men-accused-satanic-murder-case-free/375087002/
  
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.