Wednesday, November 6, 2024

Clarence Woodhouse: Manitoba: (An Innocence Canada case): A sorrowful statement to senators detailing the brutal police misconduct that led him to make a false confession - and pleading for a truly independent criminal cases review body…“If Bill C-40 is passed, there will be a group to hear the cries for help from the innocent and they will not have to wait 50 years for their names to be cleared as we did,” he said in his statement. “It was 50 years of uncertainty, struggle and unimaginable pain that never seems to end.” What’s really important, Woodhouse noted, is to replace the minister with an independent commission. “The group is necessary because it will be separate from the system that convicted and imprisoned me and a lot of other innocent people across Canada,” he said. The proposed legislation has already passed through the House of Commons. The Senate gives three readings to bills in order to become law."


PASSAGE OF THE DAY: "Meanwhile, two sisters from Keeseekoose First Nation in Saskatchewan have been waiting more than a year for the federal justice minister’s decision on whether their case is  a miscarriage of justiceOdelia and Nerissa Quewezance spent 30 years in prison for the 1994 killing of farmer Anthony Joseph Dolff. Their cousin has already admitted to the murder."


STORY: "Exoneree supports miscarriage of justice law for ‘other innocent people across Canada,’ by Reporter Kathleen Martens, published by APTN, on November 1, 2024. (Award-winning reporter Kathleen Martens covers western and northern Canada for aptnnews.ca. A veteran of the Brandon Sun, Sun Media and APTN Investigates, she is based in APTN’s head office, specializing in stories about property, women’s rights and community.)























PHOTO CAPTION: "Clarence Woodhouse was acquitted and exonerated on Oct. 3 in Winnipeg."

GIST: "Clarence Woodhouse was barely an adult when homicide detectives accused him of killing a man in 1973.

The false confession and life sentence that followed changed the Anishinabe man’s life for the worse.

“My time in prison was a living hell,” he said in a statement about his 50-year-old wrongful conviction this week, “primarily because of corrections staff who were determined to make me admit to a murder I did not commit or had any part in.

“By the time I was released from prison (on parole), 12 years later in 1983, I was institutionalized and found it extremely difficult to make it in society. I received no help, or direction.”

Woodhouse recorded the statement for the Senate Standing Committee on Legal and Constitutional Affairs, which is reviewing Bill C-40 to establish a miscarriage of justice review commission in Canada.



Woodhouse recorded the statement in his own language of Ojibwe after being denied the opportunity in Ottawa last week due to lack of a “qualified translator.” He shared an English version with APTN News.

Now 72, he recalled after his arrest, how he was denied an interpreter and allegedly “brutally assaulted” by Winnipeg police into signing a false confession.

“The prosecutor said I made the confession in English, a language I could not speak, read or write. I testified to that at trial, but no one believed me.”

Woodhouse and two co-accused, Brian Anderson and Allan Woodhouse, – all of Pinaymootang First Nation in Manitoba – have now been exonerated. A posthumous application for a wrongful conviction has been filed for Russell Woodhouse (Clarence’s brother), who has since died.

Exonerees, lawyers and legal scholars who testified before the committee over the past two weeks agreed Canada needs a faster and simpler system to review cases where people believe they’ve been wrongfully convicted.

It now takes up to six years for the Criminal Conviction Review Group in the Department of Justice to review applications and make recommendations to the minister.

The new process would be called David and Joyce Milgaard’s Law in tribute to the mother and son from Winnipeg who sought reform after David was released in 1992 after 23 years in prison on a wrongful murder conviction.

Woodhouse said others like him in prison need Bill C-40.

“If Bill C-40 is passed, there will be a group to hear the cries for help from the innocent and they will not have to wait 50 years for their names to be cleared as we did,” he said in his statement.

“It was 50 years of uncertainty, struggle and unimaginable pain that never seems to end.”

What’s really important, Woodhouse noted, is to replace the minister with an independent commission.

“The group is necessary because it will be separate from the system that convicted and imprisoned me and a lot of other innocent people across Canada,” he said.

The proposed legislation has already passed through the House of Commons. The Senate gives three readings to bills in order to become law.

Meanwhile, two sisters from Keeseekoose First Nation in Saskatchewan have been waiting more than a year for the federal justice minister’s decision on whether their case is a miscarriage of justice. Odelia and Nerissa Quewezance spent 30 years in prison for the 1994 killing of farmer Anthony Joseph Dolff. Their cousin has already admitted to the murder."

The entire story can be read at:

https://www.aptnnews.ca/national-news/exoneree-supports-miscarriage-of-justice-law-for-other-innocent-people-across-canada/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

    —————————————————————————————-
    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
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Tuesday, November 5, 2024

Michael Clark: Colorado: A discredited DNA Analyst' Yvonne "Missy" Woods' case. Her DNA analysis helped police arrest Clark in 2012 after a 1994 murder had gone unsolved for more than a decade. Michael Clark sill maintains his innocence. Now, as 9News Reporter Kelly Reinke reports, evidence will be retested in the 30-year-old murder case, as Woods has come under criminal investigation… "About a year ago, CBI announced that Woods was under criminal investigation after an internal process discovered anomalies in her work. The Colorado Bureau of Investigation (CBI) has said Woods manipulated and deleted data in more than 800 cases. A review of the paper casefiles from 1994 through 2008 continues. The criminal investigation into her misconduct is still ongoing."


PASSAGE OF THE DAY:  "Clark and his attorney, Adam Frank, filed a motion this summer to overturn his conviction. The motion claimed Clark is in prison for a crime he didn't commit because Woods gave false testimony on the DNA. According to the motion, her false DNA opinion is the reason Clark was charged with Grisham's murder and convicted.  Frank believes his client wouldn't be in prison if the information about Woods' misconduct had been known during the trial."

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PASSAGE TWO OF THE DAY: "After the motion to overturn and discussions with the Boulder County District Attorney's Office, evidence in the murder case will be retested at a lab that isn't operated by the Colorado Bureau of Investigation. 

 "In working with the District Attorney's office, we agreed that any retesting that should be done, should be done by an outside lab, not CBI, and they agreed with that," Frank said. Specifically, a lab will retest a Carmex lip balm container and see if there's still DNA there.  The evidence in 30 years old. Frank said it is possible there is no DNA left.  "It may be that there are no more results that can be found. It may be that this points to the person who actually did it.  But regardless, this was a step the prosecution decided it needed to do and we're happy that it's moving forward," he said."


———————————————————


PASSAGE THREE OF THE DAY:  "CBI's DNA forensics team identified the following types of manipulation in hundreds of cases handled by Woods: 

  • Deleted and altered data that concealed Woods’ tampering with controls.
  • Deleted data that concealed Woods’ failure to troubleshoot issues within the testing process.
  • Failed to provide thorough documentation in the case record related to certain tests performed.

CBI has no evidence Woods has falsified DNA matches. "


————————————————————————

 

STORY: "Evidence will be retested in 1994 Boulder murder case," by Reporter Kelly Reinke, published by 9News, on November 4, 2024.

SUB-HEADING: "Evidence will be retested in Boulder murder case after investigation opened into DNA analyst."

SUB-HEADING: "Missy Woods' analysis helped police arrest a man in 2012. He still maintains his innocence."


GIST: "Evidence will be retested in a 30-year-old murder case in Boulder County now that the DNA analyst is under criminal investigation. 


Yvonne "Missy" Woods' analysis helped police arrest Michael Clark in 2012 after a 1994 murder had gone unsolved for more than a decade. 


About a year ago, CBI announced that Woods was under criminal investigation after an internal process discovered anomalies in her work.


 The Colorado Bureau of Investigation has said Woods manipulated and deleted data in more than 800 cases.


 A review of the paper casefiles from 1994 through 2008 continues. The criminal investigation into her misconduct is still ongoing.


Clark has been in prison for 12 years.


 A jury found him guilty in 2012 for shooting and killing a man named Marty Grisham at an apartment in Boulder in 1994. 


Clark and his attorney, Adam Frank, filed a motion this summer to overturn his conviction.


The motion claimed Clark is in prison for a crime he didn't commit because Woods gave false testimony on the DNA.


 According to the motion, her false DNA opinion is the reason Clark was charged with Grisham's murder and convicted. 


Frank believes his client wouldn't be in prison if the information about Woods' misconduct had been known during the trial.


The case was largely based on circumstantial evidence.


 Boulder police had said Clark, who at the time was friends with Grisham's daughter, had forged checks he stole from Grisham's apartment.


 In addition to this, prosecutors felt there were a number of circumstances that together helped them charge Clark with first-degree murder.


After the motion to overturn and discussions with the Boulder County District Attorney's Office, evidence in the murder case will be retested at a lab that isn't operated by the Colorado Bureau of Investigation. 


"In working with the District Attorney's office, we agreed that any retesting that should be done, should be done by an outside lab, not CBI, and they agreed with that," Frank said.


Specifically, a lab will retest a Carmex lip balm container and see if there's still DNA there. 


The evidence in 30 years old. Frank said it is possible there is no DNA left. 


"It may be that there are no more results that can be found. It may be that this points to the person who actually did it. 


But regardless, this was a step the prosecution decided it needed to do and we're happy that it's moving forward," he said. 


Frank has questioned the DNA evidence for years. What happens after the retesting, he said, is up to the district attorney. The parties expect the test results will be available in early January. 


According to the Boulder County District Attorney's Office, they have been in contact with Clark's attorney and have had productive discussions. 


"As you will recall, there are a number of pending issues in that case, including claims of ineffective assistance of counsel and juror misconduct," a DA's office spokesperson said. "Those are in addition to the assertions about the DNA evidence. The process for collecting all the physical evidence and determining what is available for further analysis is underway; it will take some time. We will have additional updates in the weeks ahead."


CBI's DNA forensics team identified the following types of manipulation in hundreds of cases handled by Woods: 

  • Deleted and altered data that concealed Woods’ tampering with controls.
  • Deleted data that concealed Woods’ failure to troubleshoot issues within the testing process.
  • Failed to provide thorough documentation in the case record related to certain tests performed.

CBI has no evidence Woods has falsified DNA matches. 


“CBI has disclosed that this misconduct, which was known to CBI, may extend back as far as 2014 and 2018. These issues were never reported to prosecutors, defense attorneys or the courts throughout Colorado," Boulder District Attorney Michael Dougherty said.  "As a result, I expect that many closed cases will require re-examination and be challenged in court, along with the overall integrity of the processes at the State’s Lab. The significant impact for victims, defendants, and prosecutor’s offices is incredibly concerning. I am glad that CBI is auditing the results of all tests to ensure the integrity of the State’s Lab. That is critical to restoring public trust in the system; it is going to require time, transparency, and accountability.”


The entire story can be read at: 


PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

    —————————————————————————————-
    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
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Linda Stanley: Colorado: Major (Welcome) Development: Game over! She has been officially disbarred for her misconduct in the Barry Morphew case (9 News Reporters Wilson Reese and Marc Sallinger) - including launching an investigation into the judge on the case… "She was disbarred for a long list of ethical violations, many of which stemmed from her handling of the high-profile Suzanne Morphew murder. Stanley brought murder charges against Barry Morphew in 2021 after his wife Suzanne went missing from their home in Chaffee County on Mother's Day of 2020. Stanley was accused of withholding evidence from prosecutors, launching a secret investigation into the judge on the case, and talking to journalists and true-crime podcasters about other cases she was prosecuting."


PASSAGE OF THE DAY: ""11th Judicial District Attorney Linda Stanley was officially removed from office Friday after a branch of the Colorado Supreme Court ordered that she be disbarred.  Stanley cannot be a district attorney if she does not have a law license.  The order issued on Friday removes her from office effective immediately and says she must not engage in the practice of law or aid others in the practice of law in Colorado. Within 14 days of Friday's ruling, Stanley is required to file an affidavit confirming her compliance with the order."

-------------------------------------------------

STORY: "Colorado district attorney removed from office," by Wilson Reese and Marc Sallinger, published by 9News, on November 2, 2024.

SUB-HEADING: "Former 11th Judicial District Attorney Linda Stanley was officially disbarred Friday, effective immediately, by the Colorado Supreme Court."


GIST: "11th Judicial District Attorney Linda Stanley was officially removed from office Friday after a branch of the Colorado Supreme Court ordered that she be disbarred. 


Stanley cannot be a district attorney if she does not have a law license. 


The order issued on Friday removes her from office effective immediately and says she must not engage in the practice of law or aid others in the practice of law in Colorado.


Within 14 days of Friday's ruling, Stanley is required to file an affidavit confirming her compliance with the order.


The 11th Judicial District Court filled the position temporarily with Jeff Lindsey to finish out Stanley's term until January.


 Lindsey is also the only candidate running for the position in the November election and is expected to take the role of District Attorney for Fremont, Chafee, Custer and Park counties permanently when the new term starts in early 2025.  


Stanley lost her law license when she was disbarred in September following a disciplinary hearing in June. She had appealed the decision, arguing in part that she needed the job to help pay the legal bills and fines that will come with her disbarment. 


A panel under the Colorado Supreme Court ruled in an 83-page decision that Stanley can't practice law in Colorado anymore. 


She was disbarred for a long list of ethical violations, many of which stemmed from her handling of the high-profile Suzanne Morphew murder.


Stanley brought murder charges against Barry Morphew in 2021 after his wife Suzanne went missing from their home in Chaffee County on Mother's Day of 2020. 


Stanley was accused of withholding evidence from prosecutors, launching a secret investigation into the judge on the case, and talking to journalists and true-crime podcasters about other cases she was prosecuting. 


Last month, Stanley filed a motion to stay her disbarment pending her appeal in the case, which was denied. She asked the court to stay her disbarment until Jan. 14, when her term ended. She previously asked the judge to delay her disbarment.


Mark Hurlbert and Robert Weiner, two prosecutors who worked with Stanley to charge Morphew, settled a complaint by the Office of Attorney Regulation Counsel last month that was filed in response to alleged wrongdoings stemming from the Morphew case. 


Barry Morphew filed a civil lawsuit against Chaffee County, prosecutors, Colorado Bureau of Investigation employees and FBI employees seeking $15 million over what he claimed was "malicious prosecution." That suit was dismissed by a U.S. District Court judge in September."


The entire story can be read at:



PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

    —————————————————————————————-
    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
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