THE CHARLES SMITH BLOG AWARD: August 29, 2018: "Presented to journalist Pamela Colloff, and her New York Times/Pro Publica publishing team team, for her extraordinary work in exposing the unbelievably faulty blood splatter evidence and other damning factors which helped further taint the Joe Bryan (Texas) prosecution. Her tenacious efforts should go a long way towards secure the exoneration of this wrongly convicted man.
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ACHIEVEMENT: This is the first time that a receipient will have been nominated for the Charles Smith Blog award twice. As you will see below from the list of recipients, Pamela Colloff was previously nominated for her Texas Monthly stories which resulted in the freeing of Anthony Graves within 30 days of the appearance of her first story. Anthony Graves had been convicted and sentenced to die in 1994 for six horrific murders in the Central Texas town of Somerville. This time she has been nominated, along with her New York Times and ProPublica team for her work and independent investigation on the Joe Bryan case which hopefully will help achieve an equally important result. As Waco Tribune Herald columnist Bill Wittaker noted: "The long road back to the Comanche County Courthouse for Bryan — the second of his two trials was held there after a courtroom technicality nixed the first on appeal — has been a tortuous one. As investigative journalist Pamela Colloff has reported in a series of gripping, detailed stories on the Bryan saga for The New York Times Magazine and ProPublica, Bryan’s conviction hinged on more than questionable blood-spatter testimony and Charlie Blue’s involvement in producing evidence (notably the controversial flashlight) with a private investigator and paying for a special prosecutor known for his “junkyard-dog” tenacity (to quote Lewellen’s 2015 obituary) as an attorney. Colloff’s coverage — the sort imperiled as newspapers dwindle in size and resources — highlights subtle but unsubstantiated insinuations about Bryan’s sexuality, possibly based on a Chippendales pinup calendar that Bryan reportedly explained was a gag gift. Homosexuality, real or imagined, might render a convenient motive, however flimsy, in a marriage free of discord or financial problems. And certainly local law enforcement in 1985 needed to show some success in their duty: Small-town Clifton had been rocked not only by Mickey Blue Bryan’s murder but, a few months earlier, the then-unsolved rape and murder of 17-year-old Judy Whitley. “I was floored by the testimony of Andy McMullen, the district attorney who prosecuted this case in 1986 and 1989,” Colloff said when I asked what struck her most about last week’s hearing. “He had not reviewed the record when he came to testify [Tuesday] and his testimony was quite evasive on a number of key points." Colloff's powerful, well-researched stories - including her original research into the vagaries of blood splatter 'expert' witnesses - has attracted considerable editorial comment, and drawn considerable public attention to the case. (Always an important factor when attempting to right a miscarriage of justice.) Bravo to Ms. Colloff. I am pleased to present her with the Charles Smith Blog Award, Harold Levy:
Publisher; The Charles Smith Blog;
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ORIGIN OF THE CHARLES SMITH BLOG AWARD: I launched the award in 2009 as a forum in which I could honour these individuals who help expose and remedy miscarriages of justice caused anywhere in the world by flawed pathology, flawed pathologists, junk science, pseudo-experts or a combination of any of the above.
UNUSUAL NATURE: This award is entirely virtual. There is no no ceremony; There is no prize; There is no certificate. It is a pure and unadulterated honour bestowed by myself as publisher in recognition of contributions by others to this important facet of criminal justice.
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RECIPIENTS TO DATE;
Kevin Morgan (AUSTRALIA): author of "Gun Alley: Murder, Lies and Failure of Justice, who single-handedly fought for and obtained the forensic materials which led to Colin Ross's pardon almost ninety years after he was executed.
Michael Hall (U.S.A.): For his excellent work in Texas Monthly exposing the miscarriages of justice that have occurred as a result of scent-lineups and the "experts" who conduct them, and Sun-Sentinel reporter Paula McMahon (U.S.A.) for her ground-breaking reporting over a nine year period which led to the freeing and exoneration of Anthony Caravella.
Journalist Stewart Cockburn (AUSTRALIA) for his ground-breaking work in "The Advertiser" which exposed the miscarriage of justice suffered by Ted Splatt and triggered the Royal Commission which led to Splatt's exoneration.
Australian scientist Tom Mann (AUSTRALIA) for his sterling efforts to publicize the injustice perpetrated on Ted Splatt in the courts including the publication of "Flawed Forensics: The Ted Splatt case and Stewart Cockburn," a monumental book which demonstrates the tragic consequences which can unfold when science gets twisted out of proportion in the courts and those entrusted with the task of protecting our criminal justice system abdicate their responsibilities.
New Yorker staff writer David Grann (U.S.A.)for his awesome exposee of the faulty arson "science" that resulted in the wrongful conviction and execution in Texas of Cameron Todd Willingham.
Pamela Colloff (U.S.A) for her Texas Monthly stories which resulted in the freeing of Anthony Graves within 30 days of the appearance of her first story. Anthony Graves was convicted and sentenced to die in 1994 for six horrific murders in the Central Texas town of Somerville.
Spencer Hsu (U.S.A) for his revelations in the Washington Post that for years, the U.S. Department of Justice has known that flawed forensic work by FBI experts may have led to the convictions of innocent people, but prosecutors rarely told defendants or their attorneys. Hsu discovered that Justice Department officials began reviewing cases after defense attorneys pointed out problems with evidence coming out of FBI labs. But the review was limited. "As a result," Hsu wrote, "hundreds of defendants nationwide remain in prison or on parole for crimes that might merit exoneration, a retrial or a retesting of evidence using DNA because FBI hair and fiber experts may have misidentified them as suspects."
Robert Moles and Bibi Sangha. (AUSTRALIA) for their monumental campaign to persuade South Australia to establish a statutory right of appeal - and the impact this will have on remedying miscarriages of justice caused by flawed forensic science.
Journalist Mike White; NEW ZEALAND for his investigation of the Mark Lundy case - and his exposure to the public of the many factors which made clear that Lundy could not have commited the terrible crimes. Wikipedia informs us that: "In 2009, North and South magazine published the results of an investigation into the case by Mike White titled "The Lundy murders: What the jury didn't hear.
Dr. Waney Squier (UK) and Meryl and Susan Goldsmith (USA) respectively for their courage and fearlessness in challenging the validity of the 'shaken baby syndrome' - in spite of the threat posed to their professional status, their reputations and their ability to perform and display their work by the Syndrome's zealous proponents in the medical profession and prosecutor's offices."
Prof. Jane Ireland: University of Central Lancashire: U.K. "Psychologist probed over study that hit national headlines; Prof Jane Ireland, from the University of Central Lancashire; A psychologist who poured doubt on the validity of family court decisions has been dragged before a fitness to practice hearing.".........The net result was that the research concluded that around 65 per cent of expert reports in the study were of either 'poor' or 'very poor' quality. Professor Ireland told Channel 4 News: "I think we were very concerned and perturbed by some of the reports that we read, not just in terms of qualification but also the quality of the reports that we read." As publisher of the Charles Smith Blog I noted that "the timing of the hearing is no doubt coincidental - but I couldn't help but think about the recent attack by Britain's medical profession on Dr. Waney Squier, for her counter-establishment - read 'unpopular' - research and findings on 'shaken baby syndrome.'"
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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/
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