Sunday, September 16, 2018

Terry Friesen; New Zealand; False confession case. She is exonerated 30 years later after the infants father admitted the shaking to the police 13 years later. The 'Stuff' story by reporter Matt Stewart indicates that "the police did not follow up on his confession."..."Friesen told a court she had pleaded guilty to the crime because she believed he could not handle jail time. She also claimed police had threatened if one of the pair did not own up, her other daughter would be taken into State care." (This case must certainly qualify for our 'Enough to make one weep department.' HL.)

Compensation 'in the mix' after mum has conviction for baby killing quashed | Stuff.co.nz
Compensation 'in the mix' after mum has conviction for baby killing quashed | Stuff.co.nzPASSAGE OF THE DAY: "Autopsy results from Chantelle's death in 1989 revealed the infant suffered a brain injury and cracked ribs. The injuries were proved non-accidental and Friesen pleaded guilty to the crime. She was convicted and sentenced to six months' supervision. But 13 years later Chantelle's father, Brownie Walter Broughton, went to a Christchurch police station and admitted the crime, as well as perjury relating to an armed robbery at New Plymouth's Breakwater Tavern, which he was previously convicted and jailed for. He asked that he be charged with manslaughter, explaining he had shaken the infant and then allowed his former partner, Friesen, to take the blame. Broughton claimed to have found God and wanted to make amends for his misdoings. But it wasn't the first time he had confessed. It was revealed during his 2002 case at the High Court at Auckland that Broughton had admitted shaking his baby to a senior officer at the New Plymouth police station two years after her death. The police officer did not follow up the confession, the court heard. Broughton was convicted and sentenced to three years jail on the manslaughter and perjury charges. But Friesen's conviction was never wiped."

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STORY: "Compensation 'in the mix' after mum has conviction for baby killing quashed," by reporter Matt Stewart, published by Stuff on September 5, 2018.

PHOTO CAPTION: "Taranaki mum Terri Friesen leaves the Court of Appeal in Wellington on Wednesday afternoon after having her manslaughter conviction quashed in the Court of Appeal."

GIST:   "Terri Friesen's supporters - friend and law student Kelly Phillips and private investigator Tim McKinnel - talk about her long wait for justice. Almost 30 years after falsely confessing to the manslaughter of her baby, Terri Friesen has had her conviction quashed – and could yet launch a bid for compensation. The decision was handed down by a judge in the Court of Appeal in Wellington on Wednesday. There is to be no re-trial. The 50-year-old mother-of-seven tearfully embraced friend and law student Kelly Phillips as she learnt she would now be free of the conviction. Friesen told Newshub the decision elicited mixed emotions of sadness, happiness and painful memories. But having her name cleared was not just for her. It was also for her seven-week-old daughter, Chantelle Broughton, who died in 1989 as a result of shaking, which was later confessed to by Chantelle's father. "This is just a miracle to me," Friesen said. Outside court, Phillips slammed the time it took for Friesen to get justice, saying it seemed like "you have to be able to afford justice to get to it". Phillips said Friesen was a good woman and mother, and could now have the future she dreamed of. She would also be able to apply for jobs without a manslaughter conviction shadowing her, and she could live without the shame of people thinking she had killed her own child. "I can only imagine what it was like for Terri to sit through 30 years of having a wrongful conviction hanging over her head ... I think she's going to be at peace now," Phillips said. Also outside court was former police detective turned private investigator Tim McKinnel, who was an instigator in Teina Pora's freedom campaign. McKinnel said somebody within the criminal justice system should have done something much earlier about Friesen's conviction. "She is innocent in the eyes of the law and I think most New Zealanders will accept she is innocent." Compensation "was most certainly in the mix" given Friesen spent six weeks on remand in prison while she was being convicted. She also did another stint in jail for a drugs offence, which partly stemmed from finding a way to cope with the stress of her situation, McKinnel said. Friesen would consult with her lawyer over the coming weeks on whether to proceed. "I think Terri's got a strong case for compensation given what she's been through over the past three decades," McKinnel said. Autopsy results from Chantelle's death in 1989 revealed the infant suffered a brain injury and cracked ribs. The injuries were proved non-accidental and Friesen pleaded guilty to the crime. She was convicted and sentenced to six months' supervision. But 13 years later Chantelle's father, Brownie Walter Broughton, went to a Christchurch police station and admitted the crime, as well as perjury relating to an armed robbery at New Plymouth's Breakwater Tavern, which he was previously convicted and jailed for. He asked that he be charged with manslaughter, explaining he had shaken the infant and then allowed his former partner, Friesen, to take the blame. Broughton claimed to have found God and wanted to make amends for his misdoings. But it wasn't the first time he had confessed. It was revealed during his 2002 case at the High Court at Auckland that Broughton had admitted shaking his baby to a senior officer at the New Plymouth police station two years after her death. The police officer did not follow up the confession, the court heard. Broughton was convicted and sentenced to three years jail on the manslaughter and perjury charges. But Friesen's conviction was never wiped. The judge said the crimes warranted a nine-year jail sentence, but gave a six-year discount due to Broughton's confessions. Following Broughton's confession, Friesen told a court she had pleaded guilty to the crime because she believed he could not handle jail time. She also claimed police had threatened if one of the pair did not own up, her other daughter would be taken into State care."

The entire story can be read at:
 https://i.stuff.co.nz/national/crime/106841510

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;