Wednesday, July 15, 2026

July 15: The ReidTechnique: Lincoln Nebraska: (Resistane is futile:) J.J. Harder reports on "A famed police interrogation technique (that) led to infamous false confessions in Nebraska," in a story sub-headed, "A body of research now suggests that the Reid Technique, first popularized when used in a 1955 Lincoln homicide investigation, can prompt false confessions from suspects. Law enforcement leaders say its continued use is one tool of many in an investigator’s toolbelt."... "The technique, famously pioneered in Nebraska, often leads to a police interrogator forcing his boxed-in suspect to relate details of the crime, which they then put into writing as a confession. “Innocence is not an option,” says one researcher critical of the Reid Technique. “Resistance is futile.”



PASSAGE OF THE DAY: "Once modern psychology took hold, criticisms of the Reid Technique came fast and furious. m Buckley told me the technique is popular “because A) It protects the innocent, and B) It is a successful process to create an environment where the guilty person admits what they’ve done, all in accordance with the guidelines that the courts have established.” But detractors argue the Reid Technique sets police up to commit mistakes. Investigators can mischaracterize an innocent person as guilty; next — presuming guilt — they may use fake evidence and accuse him of committing the crime, peppering their remarks throughout with promises and threats. Then, building off the grains of a flawed confession, they build a fictitious sand castle of guilt."

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PASSAGE TWO OF THE DAY: "One researcher called the Reid Technique a “psychological pressure cooker, as its reliance on psychological manipulation, presumption of guilt and intimidation leads to suspects feeling extreme distress, putting vulnerable individuals at further risk.” Another study found the Reid Technique “too powerful” because it “can break down the innocent as well as the guilty.” One main criticism is that once questioning begins, the interviewer has already concluded the suspect is guilty, and there’s no going back. By that point, police are single-mindedly focused on securing a confession. Another problem is that its goal is to obtain a confession rather than solve the crime. This turns the investigator into a “thug or trickster whose function is to cajole or to wheedle a confession from an unwilling suspect,” according to experts. And it turns out that police can be bad at spotting liars."

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PASSAGE THREE OF THE DAY: "Some parts of the country have begun chipping away at the Reid edifice. In 2021, Illinois and Oregon banned the police from lying to juvenile suspects. A Montana ruling found “lying to (a) defendant about how much is known about his involvement in the crimes is particularly repulsive to and totally incompatible with the concepts of due process embedded in the federal and state constitutions.” Hawaii has found that misrepresenting evidence may make a confession involuntary. Here in Nebraska, State Sen. John Cavanaugh has twice introduced a bill to ban police from deceiving juveniles during interrogation."

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STORY: "A famed police interrogation technique led to infamous false confessions in Nebraska," by J.J. Harder, published by The Flatware Free Press, on July 9, 2026.  (A graduate of UNL’s journalism school, J.J. Harder worked as a food critic, opinion columnist and television reporter before becoming a U.S. diplomat. Over his 19 years at the State Department, he served in Mexico, Morocco, Peru, South Africa and Syria.)

SUB-HEADING: "A body of research now suggests that the Reid Technique, first popularized when used in a 1955 Lincoln homicide investigation, can prompt false confessions from suspects. Law enforcement leaders say its continued use is one tool of many in an investigator’s toolbelt."

Darrel Parker clocked out of his job as the City of Lincoln’s first forester and walked through the door of his Antelope Park home for lunch on Dec. 14, 1955.

He was probably expecting a delicious meal. His 22-year-old wife, Nancy, developed pasta recipes for the Gooch Milling Company and had appeared on a local television cooking show.

What he didn’t expect was to find her dead body — mouth stuffed with his own handkerchiefs, hands and neck tied up with cords.

After a week with few leads, the Lincoln Police Department brought in a heavy hitter from Chicago, a former cop just beginning to be known for his ability to extract confessions like blood from a stone: John Reid.

Sitting knee to knee in a windowless room with his face a foot from Parker’s, Reid stroked the man’s head as if he were an animal, suggested his wife was cheating on him and threatened the electric chair. If the starved and exhausted Parker dropped his head or turned away, Reid would pull his chin up or jerk his head back, according to court records.

After 12 hours of questioning and polygraphs, Parker finally told Reid he had raped and killed his wife. The slaying blew up from a local cold case to a national sensation. Based almost solely on his confession, Parker would get life in prison; Reid would go on to become the most famous interrogator in U.S. history.

Thanks to what transpired in Lincoln a few days before Christmas in 1955, the controversial Reid Technique would dominate the next 70 years of interrogations in the U.S. and beyond. In interviews with the Flatwater Free Press, law enforcement groups in Nebraska defended using it as an effective tool, essentially one of many in an investigator’s toolbelt.

But there’s also growing evidence that the famed technique often fingers innocent people.

The Reid Technique is a simple three-step dance: a review of the facts, a behavior analysis interview and an interrogation.

First, police examine evidence from the scene and what they know about the suspects: their whereabouts, would-be motivation, socioeconomic details, reputation.

In the interview, police ask non-accusatory questions to fix a baseline for how the suspects respond; they gauge tone, mannerisms, pitch, gesticulations.

Then, in the final stage, the interrogators can pull out the cartoon sledgehammer: They bluff that they have evidence that proves the suspect’s guilt. They buddy up to the suspect by sympathetically justifying the crime but then hit them with a binary question whose alternatives both presuppose guilt, à la “Had you been planning it for a while or did you decide just in the moment?”

The technique, famously pioneered in Nebraska, often leads to a police interrogator forcing his boxed-in suspect to relate details of the crime, which they then put into writing as a confession.

“Innocence is not an option,” says one researcher critical of the Reid Technique. “Resistance is futile.”

***

Today, the third degree is what your spouse gives you when you come home late. Until the late 1920s, police unable to obtain confessions could resort to what they called the third degree: secretly and illegally hitting, kicking and burning suspects. Denying them food. Shoving their heads in toilets. Forcing them to walk on mats juiced with electricity.

After Great Depression-era government reform efforts and Supreme Court decisions, it became clear that the old methods had to go.

Police sought to replace violence with psychology when syringing admissions of guilt out of reticent suspects.

Experts rushed to establish new protocols that police could use in the field.

Lawyer and criminologist Fred Inbau, who at Northwestern University had helped create one of the country’s first crime labs, published in 1942 what became the most influential interrogation manual. Reid, a recent DePaul law grad, joined Inbau’s team shortly thereafter, and they co-authored the handbook’s 1953 edition.

After nearly a decade of more research and propelled by the fame from the Parker case, they published Criminal Interrogations and Confessions, which the New York Times called “the undisputed bible of police interrogation.”

Today, John E. Reid & Associates, the company still selling the eponymous method more than 70 years after it was used on Darrel Parker, says that “the Reid Technique of Interviewing and Interrogation® is now the most widely used approach to question subjects in the world.”

A nationwide survey found “two-thirds of (police) departments reported ‘most’ or ‘some’ of (their) officers” had been trained in the Reid Technique.

President Joseph Buckley, the second person to lead Reid & Associates, said Reid’s clients also include private security, insurance and credit card fraud investigators and corporations’ loss prevention teams.

Once modern psychology took hold, criticisms of the Reid Technique came fast and furious.

Buckley told me the technique is popular “because A) It protects the innocent, and B) It is a successful process to create an environment where the guilty person admits what they’ve done, all in accordance with the guidelines that the courts have established.”

But detractors argue the Reid Technique sets police up to commit mistakes. Investigators can mischaracterize an innocent person as guilty; next — presuming guilt — they may use fake evidence and accuse him of committing the crime, peppering their remarks throughout with promises and threats. Then, building off the grains of a flawed confession, they build a fictitious sand castle of guilt.

One researcher called the Reid Technique a “psychological pressure cooker, as its reliance on psychological manipulation, presumption of guilt and intimidation leads to suspects feeling extreme distress, putting vulnerable individuals at further risk.” Another study found the Reid Technique “too powerful” because it “can break down the innocent as well as the guilty.”

One main criticism is that once questioning begins, the interviewer has already concluded the suspect is guilty, and there’s no going back. By that point, police are single-mindedly focused on securing a confession.

Another problem is that its goal is to obtain a confession rather than solve the crime. This turns the investigator into a “thug or trickster whose function is to cajole or to wheedle a confession from an unwilling suspect,” according to experts.

And it turns out that police can be bad at spotting liars.

The Reid Technique tells cops that a suspect who avoids eye contact, slouches or shifts in his chair, touches his nose or chews his nails is lying. And an uncooperative or cagey subject must be guilty. Nearly a half-century of research says this is “folk psychology … complete bunk,” criminologist Richard Leo told Flatwater. By focusing on physical behavior — and thus downplaying the information the suspect is actually relaying — the interrogator becomes more and more convinced he’s across from the culprit.

Some studies have found police interrogators cannot reliably distinguish between truthful and false denials of guilt at levels greater than chance. One landmark study ranks the so-called experts at no better than the average person at detecting lies; another said it may actually be “counterproductive as a method of distinguishing truth and deception.” A 2020 study went for the gut punch: “Using his own technique, Mr. Reid could not accurately determine whether a suspect was truthful or lying.”

The Christmas stocking of U.S. police history is stuffed with false confessions, going back to at least the 1692 Salem witch trials. Rather than using proto-waterboarding seesaws, Reid practitioners play law enforcement mind games: Legal researcher Wyatt Kozinski said that “in a dynamic akin to Stockholm Syndrome, the suspect is nudged into believing that the interrogator is his friend.”

Leo concluded that “a false confession is the most incriminating and persuasive false evidence of guilt that the State can bring against a defendant.” Both judges and juries overwhelmingly find confessions to be more of a smoking gun than an actual smoking gun.

Nearly 30% of DNA exonerees in the U.S. since 1989 have falsely confessed; most did so in response to Reid-wielding police, according to law enforcement consulting group Wicklander-Zulawski.

Academics note that wrongful convictions don’t just incarcerate the innocent: They may lead to more than 41,000 often preventable crimes, because a closed case on an innocent confessor means a potentially reoffending perpetrator remains at large. And they cost taxpayers money, too. The estimated annual cost of imprisoning a person, innocent or guilty, is $65,000, and that number rises considerably if a jurisdiction must pay out damages to an exonerated person.

Earlier this year, a law professor used the Reid Technique to successfully convince Chat GPT it committed a crime it couldn’t possibly have committed.

The Reid Technique particularly increases false confessions for two vulnerable populations: juveniles and people with mental process issues. According to the National Registry of Exonerations, more than a third of exonerated minors and more than three quarters of exonerated minors under age 14 falsely confessed; the younger the suspect, the more likely the confession is false. Juveniles’ less-developed brains impair their judgment and decision-making skills. Minors often confess in order to end the interrogation; they incorrectly wager they can sort things out later.

According to a National Registry of Exonerations report, 72% of exonerees with mental processing issues made false confessions, compared with 9% of exonerees with no disability.

Some parts of the country have begun chipping away at the Reid edifice. In 2021, Illinois and Oregon banned the police from lying to juvenile suspects. A Montana ruling found “lying to (a) defendant about how much is known about his involvement in the crimes is particularly repulsive to and totally incompatible with the concepts of due process embedded in the federal and state constitutions.” Hawaii has found that misrepresenting evidence may make a confession involuntary.

Here in Nebraska, State Sen. John Cavanaugh has twice introduced a bill to ban police from deceiving juveniles during interrogation. In a 2022 hearing, Omaha police representatives acknowledged that Nebraska’s police lie to suspects. The Omaha Police Officer’s Association’s Jim Maguire downplayed the connection between Reid and false confessions, calling the bill “an attempt to fix a problem that does not exist.” Jennifer Craven, a lawyer now with Crete’s Kalkwarf & Smith, concluded in her 2023 Nebraska Law Review analysis of the Reid Technique and the bills that, “The search for truth should not require lies… The Nebraska Legislature has a responsibility to (ban deceptive interrogations).” Neither bill advanced to a floor vote.

The Parker case isn’t actually Nebraska’s most famous instance of the Reid Technique rendering a false confession. The 1985 killing of 86-year-old Helen Wilson went unsolved for four years until a deputy sheriff built a case around a teenager hearing someone bragging about the slaying.

Five of the so-called Beatrice Six defendants ended up giving false confessions. In 2008, Joseph White, the sixth, convinced a court to allow DNA testing of blood and semen from the crime scene, which led to the group’s exoneration, after collectively serving more than 70 years in prison. The New Yorker called it “the largest DNA exoneration involving false confessions in the history of the American judicial system.”

Reid and Miranda

Controversy over the Reid Technique cuts to a deeper problem of detainees’ rights. The famous 1966 Miranda v. Arizona case — often touted as a civil rights victory — blessed police falsely telling suspects their fingerprints were found at the crime scene. The case cites the Reid Technique 10 times — never in a positive light — implying it is third degree-adjacent; it says the technique “trades on the weakness of individuals” as a reason why police must read suspects’ their rights.

Three years later, the Supreme Court affirmed the police’s right to lie to suspects during interrogations. Police may legally say a codefendant ratted him out or eyewitnesses placed him at the scene — complete fabrications. As Reid critic Saul Kassin told The Marshall Project, “Once you start down the road of using trickery and deception, the misuses are inherent in that. There are no clear lines of, ‘This is a good amount of trickery, and this isn’t.’”

Miranda focuses on informing a suspect of his rights.

Innocent suspects underestimate their Miranda rights because they embody a “phenomenology of innocence — a naive faith in the exculpatory power of their own innocence,” according to researcher Saul Kassin. More than four-fifths of suspects waive their Miranda rights.


Reid’s stranglehold has been slowly loosening for decades. For a quarter century, English police, rather than seeking confessions, have been using a method that has them ask open-ended questions and then pinpoint inconsistencies that overwhelm a liar.

Canadian police have adopted the nonconfrontational “cognitive interview” to similarly encourage the subject to narrate at length — without confession as the goal. Research on the Strategic Use of Evidence technique shows that suspects who do not know about the evidence against them are more likely to give statements contradicting that evidence. The suspect gets dinged on inconsistencies, alerting investigators to deception. Unlike the Reid Technique, non-accusatorial, rapport-based approaches render accurate information.

Even in the Reid-saturated U.S., leading police consulting group Wicklander-Zulawski stopped teaching the Reid Technique almost a decade ago.

The newest research proposes videotaping of all suspect interviews, a science-based model of investigative interviewing, mandated defense attorney presence and limits on confrontational interrogations like Reid. The FBI, the District of Columbia, and 30 states — including Nebraska — now require police to videotape interrogations.

Both the Lincoln Police Department and the Douglas County Sheriff’s Office count Reid as tools investigators may use if they have attended optional training. LPD’s Todd Kocian told me that “in some cases, concepts taught in the Reid curriculum are appropriate … The approach to successful communication is ever changing and varies from person to person, topic to topic, incident to incident.”

Capt. Nathan Kovarik of the Douglas County Sheriff’s Office says that deputies learn a variety of techniques in the academy, and that a deputy last attended a Reid training about four years ago.

“There might be a time and a place for that in an interview room,” Novarik, a captain with the criminal investigations bureau, said of the Reid Technique. “If it’s used ethically and properly, it probably could elicit some confessions from some suspects.”

Darrel Parker recanted the day after he made his confession, but it was too late. Only in 1969, after 13 years in prison, the Eighth Circuit Court of Appeals ruled the confession had been coerced and ordered a retrial. Prosecutors washed their hands and offered Parker parole; he moved to Iowa and restarted his life.

In 1988, almost a decade into running the parks department in Moline, Illinois, Parker was probably overjoyed to learn about another death: Nebraska death row inmate Wesley Peery, Parker’s colleague who years before had secretly confessed to killing Nancy Parker and 12 other people, suffered a heart attack. Bound by attorney-client privilege, Peery’s lawyers couldn’t tell anyone until after he died. Police had questioned and polygraphed Peery, an ex-con with a long criminal record, before calling in Reid. In Parker’s trial — during which Peery went to prison for raping a woman in Sarpy County — the jury learned Peery’s car was parked in front of the Parker residence the day of the slaying.

The Nebraska Board of Pardons granted Darrel Parker a full pardon in 1991, and — thanks to 2009’s Wrongful Conviction and Imprisonment Act — in 2012 the state gave him half a million dollars, a full exoneration and an apology.

Parker died in 2022, age 90.

It is still legal for police across Nebraska to lie to suspects.""

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. 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. 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;

Tuesday, July 14, 2026

July 14: Alan Hall: New Zealand: Major (Welcome) Development: A judge has ruled that the case and proceed against two former police officers alleged to have withheld evidence in his trial, 1 News (Reporter Simon Mercep) reports, noting that: "Hall was convicted of the 1985 murder of Arthur Easton in the Auckland suburb of Papakura. Alan Hall spent 19 years in jail. The Supreme Court quashed his conviction in 2022, finding a substantial miscarriage of justice. He was awarded just under $5 million, the highest compensation payout in New Zealand. At a judge-alone trial in Auckland, the Crown has argued the two former officers deliberately omitted part of a description of a possible offender given by witness Ronald Turner. In his initial statements, Turner described the man as Māori, but this description was not put before the jury in the original trial or at appeal. Alan Hall is Pākehā."




PUBLISHER'S NOTE: I will be following this trial very carefully as it is very rare for police officers to be charged with perverting the course of justice decades after their conduct - way over the line - has literally caused an innocent accused person to be convicted of a very serious crime. As you will see below, in Alan Hall's case, the two  ex-police officers  are accused are accused of perverting the course of justice by  altering  the written statement of the key witness,  leaving out the reported ethnicity from the statement, while adding other erroneous incriminating information about Alan Hall into the statement and failing to disclose to the defence information about another suspect. These officers have been investigated and charged without bowing to the temptation of police, prosecutors, and politicians to expose heinous police skulduggery to the public eye.  In Tim Rees' Ontario case, police officers buried a video (discovered in an unmarked box in the police chief's office, many years after he was convicted by the jury and he had exhausted all his appeals) which utterly cleared Tim Rees, and unequivocally implicated  the deceased 10-year-old girl's  family's landlord as a viable suspect. But unlike the Hall case, no officer has been charged, it's not clear whether any of the officers  (or prosecutors) involved in the investigation have been investigated,  the case has hardly received public attention  (unlike the Hall case which led to compensation, and public rage at the police conduct which led to his being compensated, and  to a reward being offered for information leading to the conviction of the real murderer. To Ontario's great shame,  the decision of the  three judges who conducted an evidence hearing ordered by the federal minister of justice because of a likely miscarriage of justice is cold, and legalistic, and lacks the fire, the anger one would expect Ontario's highest judges to experience  when confronted by such  an unforgivable miscarriage of justice of this magnitude.  They stayed silent instead of  condemning  the outrageous, if not criminal police behaviour, which led to the imprisonment of an innocent man.  Like the Alan Hall case - 'an unforgivable miscarriage of justice.' Stay tuned,  dear readers, That's why I will be following the trial of the two officers in the UK so closely. 

Harold Levy;  Publisher; The Charles  Smith Blog.

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PASSAGE OF THE DAY: "Today, defence lawyer David Jones KC argued there was insufficient evidence to prove the Crown case. He said that when Turner gave evidence last week he was not sure about the ethnicity of the person he saw near the scene. The defence also argued there was insufficient evidence to show the two former officers knew about the original Turner statement not being disclosed. Justice Ian Gault dismissed the application, and will release his reasons later."

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STORY: "Judge rules case to proceed against former police officers in Alan Hall case," by  Senior Reporter Simon Mercep, published by 1 News, on July 14, 2026.

SUB-HEADING: "High Court judge dismisses call for trial of two former police officers to be thrown out."

SUB-HEADING: "Defence lawyers argued there isn't enough evidence to show the defendants perverted the course of justice in the Alan Hall case."

GIST: "A High Court judge today dismissed an attempt by defence counsel to throw out a case against two former police officers accused of perverting the course of justice.

The two defendants, whose names are suppressed, are charged with withholding evidence in the trial of Alan Hall. Hall was convicted of the 1985 murder of Arthur Easton in the Auckland suburb of Papakura.

Alan Hall spent 19 years in jail. The Supreme Court quashed his conviction in 2022, finding a substantial miscarriage of justice. He was awarded just under $5 million, the highest compensation payout in New Zealand.

At a judge-alone trial in Auckland, the Crown has argued the two former officers deliberately omitted part of a description of a possible offender given by witness Ronald Turner.

In his initial statements, Turner described the man as Māori, but this description was not put before the jury in the original trial or at appeal. Alan Hall is Pākehā.

Today, defence lawyer David Jones KC argued there was insufficient evidence to prove the Crown case. He said that when Turner gave evidence last week he was not sure about the ethnicity of the person he saw near the scene.

The defence also argued there was insufficient evidence to show the two former officers knew about the original Turner statement not being disclosed.

Justice Ian Gault dismissed the application, and will release his reasons later.

The defence is expected to call its witnesses tomorrow. Summing up may take place at the end of the week."

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. 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. 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;

July 14: Jailhouse informants: Paul Skaldic; Major (Welcome) development: Sarah Andrews reviews Pamela Collof's debut book in The Texas Chronicle, under the heading, "Catch the Devil Reveals a Criminal Justice System Caught Up in Its Own Delusions,"... "Both daunting and enraging, Catch the Devil burns down the illusory details of a “solved” murder case from the 1980s and wipes away the ash to reveal the sinister and self-serving criminal justice system beneath. Colloff is not under any delusion that her story will bring justice to Jim Dailey or fix the corrupt system that locked him up. To the reader, Colloff has just one thing to say: “This is happening, and you need to look at it.”



BACKGROUND: (From a previous post of this Blog (May 12, 2019); (Link Below); "I’ve wanted to write about jailhouse informants for a long time because they often appear in troubled cases in which the other evidence is weak. Their testimony is one of the leading causes of wrongful convictions, including in capital cases. My hope is that this story will foster a larger discussion about the corrosive effect that prosecutors’ reliance on jailhouse informants can have on our criminal justice system."

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STORY: "Catch the Devil Reveals a Criminal Justice System Caught Up in Its Own Delusions," by  Author Sarah Andrews, published by The Texas Chronicle, on July 9, 2026.

SUB-HEADING: "Austin-based journalist Pamela Colloff chronicles a series of Gulf Coast cons in her first book." 

GIST: "Paul Skalnik, Pamela Colloff says, is “effervescent.” He’s as well-spoken as he is well-read, with a quick mind and striking blue eyes. But he’s also a master manipulator, a true con artist. Sklanik has been convicted of fraud, grand theft, and even child sexual abuse. He’s married nine women, some of them at the same time. He’s never who he says he is, whether it is a Vietnam veteran, a star UT football player, or a successful lawyer.

For over three decades, Skalnik traveled across the Gulf Coast, uprooting people’s lives and setting deceitful traps. In and out of jails in Florida and Texas, Skalnik found a way to dodge harsh punishment for his never-ending string of thefts, assaults, and frauds. As a jailhouse witness, Skalnik spent years pinning violent crimes on his fellow inmates, propped up by shoddy and fabricated confessions. In return for his testimonies, Skalnik would have sentences shortened and his own convictions overturned.

Colloff tries relentlessly to unravel Paul Skalnik’s web in her new book, Catch the Devil: A True Story of Murder, Deception, and Injustice on the Gulf Coast (July 14, Knopf). Years of tenacious reporting and unflinching dedication for The New York Times Magazine and ProPublica led the journalist to a gripping revelation about the harsh truths of a criminal justice system that has long been caught up in lies.

Colloff first caught wind of Skalnik back in 2018, when Laura Fernandez, a lecturer at Yale Law, sent her a pleading email, asking Colloff to turn her investigative eye toward a Florida death row case she believed was wrongfully determined.

“This is in the pile of hundreds of emails of stories like this,” Colloff admits.

What caught her eye was not Fernandez’s case but a note at the bottom, where she alluded to Paul Skalnik’s role in the situation. From there, Colloff began investigating Sklanik’s countless testimonies as a jailhouse witness.

In 2019, Colloff published her investigation into Skalnik. After she finished reporting, Colloff realized the story wasn’t done yet.

“I feel like I’m at the beginning of this, not the end. It just felt like there was so much else,” she recalls thinking. The story reminded her of the opening scene of Goodfellas, a three-minute-long trailing shot, rife with detail.

Colloff’s book follows one case in particular: the conviction of James Dailey for the gruesome murder of a teenage girl. Based on shaky witnesses and drunken details, Dailey has spent decades awaiting an execution date on Florida’s notorious death row. The nail in the coffin of Dailey’s trial is a vicious and perjured testimony from Skalnik and other jailhouse witnesses claiming Dailey made a private confession.

The book is awash with contradictions and a decidedly unreliable narrator. The binary of reality and falsity is thrown out, as all of the evidence is alleged or redacted. Sworn affidavits are rejected, polygraph tests are disregarded, and the quiet pleas of innocence from a man whose state is trying to kill him are ignored, all in allegiance to an unjust system. The long, unbelievable story is a Gulf Coast heat flush to your cheeks, as anger mounts and truth falls away.

“The whole book, in a sense, is about storytelling. And, not necessarily what the truth is, but what story you choose to believe,” Colloff says. “If you pick the wrong story, if you get tunnel vision, if you double down on the unreliable narrator, really bad things are going to happen.”

A justice system that decides who is expendable, based on convenience rather than fact, is not just at all, and Colloff does not let you forget it. The story finds a shiny villain in Skalnik, but the less flashy truth is that the network of prosecutors, governors, and attorneys that weaponized his lies is really to blame.

“To think of Skalnik as the villain – not that he didn’t do terrible things – but he’s not the person you need to be mad at,” Colloff says. “He’s a fixture of a much larger system that made him much more powerful.” She brings you back again and again to the victims: the freckled, mousy-haired young girls and the defeated, hopeless, and wrongfully convicted men alike.

Both daunting and enraging, Catch the Devil burns down the illusory details of a “solved” murder case from the 1980s and wipes away the ash to reveal the sinister and self-serving criminal justice system beneath. Colloff is not under any delusion that her story will bring justice to Jim Dailey or fix the corrupt system that locked him up. To the reader, Colloff has just one thing to say: “This is happening, and you need to look at it.”

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. 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. 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;


Monday, July 13, 2026

Friday: July 17: Brian Buckle. UK. (Suspicion that the DNA could have been 'planted' pervaded the case;) For shame! This falsely convicted man who reportedly spent 500k pounds trying to clear his name, has been rejected for compensation, BBC News, Reporters Claire Kendall and Stephen Fildes) reports, noting that: "The Ministry of Justice (MoJ) rejected Buckle's first appeal for compensation last year, prompting the former Justice Minister Alex Davies-Jones to intervene. But he recently discovered that his second appeal has also been rejected. The UK government said it acknowledged the grave impact of miscarriages of justice and was committed to helping people rebuild their lives. A long-awaited review of the criminal appeals system in England and Wales, carried out by the Law Commission, said its report on compensation would be published this year.



BACKGROUND: "The family also had to meet the costs of fighting the conviction themselves. Using inheritance money, gifts from relatives and loans, they were able to put together a fund. Every line of the prosecution's case was studied, looking for anything that could help Brian. Private investigators and forensics experts were called upon.  A major breakthrough came during analysis of the DNA samples used in the first trial, which a forensics expert re-tested. Brian's barrister knew the findings would cast doubt on the original conviction. He successfully applied for a Court of Appeal hearing where he told the three judges the DNA could have been planted. Despite this, the Buckles had been told not to get their hopes up as this was simply a preliminary hearing. Brian watched the proceedings from prison over a video link but found them difficult to follow. Then the clerk of the court spoke to him.
"He said to me: 'Mr Buckle, do you know what's happening here now?' And I said: 'No, not really.'" The clerk said Brian would be released immediately: "The paperwork will be there within the hour. You're going home." The judges had quashed all 16 guilty verdicts. They cited the new DNA evidence and said they had no confidence that the jury had considered each count separately. The prison officers told Brian they had never before seen an inmate released immediately as a result of such a decision. But any hopes this was the end of Brian's fight faded a few days later when the Crown Prosecution Service announced it was seeking a retrial. In May 2023, Brian was back in court fighting for his freedom a second time. Now, however, Brian's legal team had a much more detailed defence and access to the newly uncovered forensic evidence. Three weeks into the trial, the jury began deliberating. After just one hour and 20 minutes, the court usher told Brian the verdicts were in.  "All I could think about at that point was, 'What if I go back to prison?'" Brian recalls. "And then the foreman [went] through the 16 counts, and every single count - not guilty." After two trials and more than five years in prison, Brian was a free man."


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PASSAGE  ONE OF THE DAY: "Buckle, from Fishguard, was convicted of historical child sex abuse in 2017 and sentenced to 15 years in prison.  His family, including his wife Elaine, vowed to fight for his freedom as they were convinced of his innocence. A five-year legal battle resulted in the Court of Appeal finding Buckle's conviction unsafe and he was immediately released from prison.  In a retrial at Swansea Crown Court in 2023, Buckle's barrister Stephen Vullo KC produced new forensic evidence and witnesses, which resulted in a swift unanimous verdict of "not guilty".

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PASSAGE TWO OF THE DAY: "The MoJ  (Ministry of Justice) said it would consider the Law Commission review's findings before deciding on any action in this area."

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PASSAGE THREE  OF THE DAY: "Andrew Malkinson, who served more than 17 years in prison after being wrongfully convicted of rape, had his conviction overturned due to DNA evidence which proved he did not commit the crime. But was left destitute while waiting for compensation.  Widespread media attention of Malkinson's case resulted in him receiving an interim payment in February 2025. He described the system as "not fit for purpose".     

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STORY: "Falsely convicted man who spent £500k clearing his name is rejected for compensation," by Reporters Claire Kendall and Stephen Fildes, published by CBC News, on July 4, 2026."

SUB-HEADING: "Brian Buckle spent five years in prison for crimes he did not commit."

GIST: "A man who was falsely convicted and spent more than five years in prison has said he felt "sick" to learn that his compensation claim has been rejected again.

Brian Buckle, from Pembrokeshire, was completely cleared of the sex abuse charges he was jailed for, but the struggle to clear his name cost him £500,000.

The Ministry of Justice (MoJ) rejected Buckle's first appeal for compensation last year, prompting the former Justice Minister Alex Davies-Jones to intervene. But he recently discovered that his second appeal has also been rejected.

The UK government said it acknowledged the grave impact of miscarriages of justice and was committed to helping people rebuild their lives.

A long-awaited review of the criminal appeals system in England and Wales, carried out by the Law Commission, said its report on compensation would be published this year.

Buckle, from Fishguard, was convicted of historical child sex abuse in 2017 and sentenced to 15 years in prison.

His family, including his wife Elaine, vowed to fight for his freedom as they were convinced of his innocence.

A five-year legal battle resulted in the Court of Appeal finding Buckle's conviction unsafe and he was immediately released from prison.

In a retrial at Swansea Crown Court in 2023, Buckle's barrister Stephen Vullo KC produced new forensic evidence and witnesses, which resulted in a swift unanimous verdict of "not guilty".

Brian and his wife Elaine, who remained convinced of her husband's innocence

But proving his innocence cost Buckle and his family £500,000, and the impact on his mental health has been severe.

"I suffer with PTSD, I'm on medication, I'm just always on edge," he said.

"As a family it's been really hard, it's the most horrendous thing I've ever had to go through."

After Buckle was rejected for miscarriages of justice compensation in 2024, his MP, Ben Lake, hosted a debate in Westminster to raise the issue.

Buckle's case was also mentioned in the House of Commons, and former justice minister Davies-Jones said she wanted to restore his faith in the criminal justice system.

When the MoJ then agreed to review Buckle's application for compensation, Buckle, Vullo and Lake were hopeful that the support they had received from the government would make a difference.

But in April, the MoJ told Buckle that despite a further review, compensation could not be awarded as his claim did not meet the criteria against the statutory test.

Confusingly for Buckle, the letter also said: "We would want to highlight that this decision does not affect the fact that Mr Buckle's conviction was quashed, nor does it cast doubt on the outcome of the appeal."
'Not fit for purpose'

Lake, who has campaigned for his constituent for the past two years, said the case was one of the clearest injustices he had come across in his nine years as an MP.

He said he was "so disappointed" by the outcome, as he hoped the review would have resulted in a payout "for what the state has done to Brian".

"I'm not going to let this lie. If that means that I'm to drag ministers to the House of Commons or Westminster Hall, and table questions until they finally do the right thing, then so be it."

Buckle's compensation claim was rejected due to a subtle but important change in the law in 2014.

Previously, compensation was paid out if the claimant had established, beyond reasonable doubt, that any reasonable jury could not convict on the evidence provided.

In Buckle's retrial the jury found him "not guilty" after hearing new witnesses and forensic evidence, which would have made him eligible for a payout.

But since 2014, compensation is only paid to those who can prove they did not commit the crime, which Vullo said was impossible as no DNA or CCTV evidence exists to conclusively prove Buckle's innocence.

"If you were to ask me to draft a piece of legislation that would ensure that almost everybody was turned down for compensation, I'd draft something similar to this [current law]," said Vullo.

"It's not by mistake, it's intentional," he claimed.

An MoJ assessment on the impact into the law change at the time stated that the intended effect was to lessen the burden on taxpayers.

Miscarriages of justice compensation has become an increasingly contentious issue.

In 2024, the Law Commission was asked by the UK government to include compensation and support for the wrongly convicted in its ongoing review of criminal appeals for England and Wales.

Scotland and Northern Ireland have their own compensation schemes for miscarriages of justice.

The Post Office Horizon computer system scandal has been described as one of the UK's most widespread miscarriages of justice.

Four separate compensation schemes have been established for victims to receive pay-outs, as they would not have been eligible under the scheme which rejected Brian's application.

Andrew Malkinson, who served more than 17 years in prison after being wrongfully convicted of rape, had his conviction overturned due to DNA evidence which proved he did not commit the crime. But was left destitute while waiting for compensation.

Widespread media attention of Malkinson's case resulted in him receiving an interim payment in February 2025. He described the system as "not fit for purpose".

The Law Commission published provisional proposals in February 2025 which included reversing the 2014 law change so the wrongly convicted would only have to prove their innocence on the balance of probabilities, rather than beyond reasonable doubt.

It has now announced that due to the considerable public interest in the findings, the section on compensation has been prioritised and will be published first, at the end of 2026.

Buckle hopes that any change will be applied retrospectively to include him and others who have been affected, and restore his faith in the criminal justice system.

Davies-Jones said she was deeply sorry to hear that Buckle's application had been unsuccessful again and recognised there were wider questions about the compensation scheme.

The MoJ said it would consider the Law Commission review's findings before deciding on any action in this area."

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. 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. 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;

Douglas Stewart Carter: Utah: From our 'Enough to make one weep' department: On Utah's death row for 40 years, he may not match the DNA profile developed for the first time in a Utah killing, the Salt Lake Tribune (Investigative Reporter Jessica Schreifels) reports, noting that: "For decades, Douglas Stewart Carter has sat on Utah’s death row while maintaining he was wrongly convicted of brutally killing a woman in 1985, a case in which prosecutors presented no physical evidence tying him to the crime. Now, for the first time, it appears DNA evidence may undercut that conviction — in a case already shadowed by allegations of police misconduct."


QUOTE OF THE DAY: "Neal Hamilton, another defense attorney, said in a Friday evening statement that the recent DNA developments confirm what “we’ve always known.” “Doug did not murder Eva Olesen,” he wrote.  Hamilton said this “exonerated” Carter, and it was “unconscionable” that he remains in jail and charged with aggravated murder. “It is long past time for Doug to go home,” he said."

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PASSAGE OF THE DAY: "In a hearing last month, Deputy Utah County Attorney Erwin Petilos said Utah’s state crime lab had recently developed a suspect DNA profile from key evidence in the killing. DNA testing was not available at the time that victim Eva Olesen was killed. In court Friday, Petilos said the profile has since not matched anyone in the FBI’s national DNA database — and acknowledged that Carter’s DNA was likely already in that database because convicted offenders have been required to submit DNA samples since 1998. During the hearing, an attorney who previously worked on Carter’s case confirmed that she took part in the process of getting the inmate’s blood to those who maintain the federal offender database. Carter’s defense attorney, Richard Gale, said he’s almost certain that his client’s DNA is included."

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PASSAGE TWO OF THE DAY: "Gale told the judge Friday that Carter, who is 71, has agreed to give a voluntary DNA sample, but added that the inmate is concerned about possible evidence tampering and wanted extra security measures put in place.  Petilos, the prosecutor, said he needed to clear those requests with Utah County Attorney Jeff Gray, who was unavailable this week as he participated in the death penalty-eligible case for the Utah man accused of fatally shooting Charlie Kirk.  “The State of Utah stole 42 years from Doug. The only consideration which [ought] to remain is how make right the theft of Doug’s life,” Hamilton said in his statement."

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PASSAGE THREE OF THE DAY: "Hamilton said Carter, who is Black, was convicted despite multiple people seeing a white man leave the crime scene, and blonde pubic hair allegedly being found on Olesen. He accused the Provo police department — and its lead investigator on the case, then-Lt. George Pierpont — of framing “a vulnerable young Black man.” Carter is expected to be back in court on July 31. Gale said that if his DNA sample doesn’t match what has been developed from evidence found at the scene, he planned to ask the Utah attorney general’s office to file a petition to have the judge declare Carter factually innocent. "

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PASSAGE FOUR OF THE DAY: "The Utah Supreme Court reversed Carter’s conviction and death sentence last year, after a judge found Provo investigators paid and threatened witnesses who later said they lied.  Officers built a case against Carter largely around those witnesses and a purported confession — which Carter has recently made a renewed effort to suppress."

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STORY: "A man on Utah’s death row for 40 years may not match the DNA profile developed for the first time in a Provo killing," by Reporter Jessica Schreifels, published by The Salt Lake Tribune, on July 11, 2026. (Jessica Schreifels, formerly Jessica Miller, is an investigative reporter at The Salt Lake Tribune, where she has worked since 2011. She was part of the team that won a 2017 Pulitzer Prize. She has collaborated with several national outlets for investigative projects, including FRONTLINE, American Public Media and ProPublica.)

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SUB-HEADING: "This confirms what we have always known,” Douglas Carter’s attorney said Friday evening. “Doug did not murder Eva Olesen.”

PHOTO CAPTION: "Douglas Carter appears in 4th District Court in Provo, Friday, April 3, 2026. Carter was sentenced to death for a 1985 murder, which was overturned in 2025."

GIST:  "For decades, Douglas Stewart Carter has sat on Utah’s death row while maintaining he was wrongly convicted of brutally killing a woman in 1985, a case in which prosecutors presented no physical evidence tying him to the crime. 

Now, for the first time, it appears DNA evidence may undercut that conviction — in a case already shadowed by allegations of police misconduct.

In a hearing last month, Deputy Utah County Attorney Erwin Petilos said Utah’s state crime lab had recently developed a suspect DNA profile from key evidence in the killing. DNA testing was not available at the time that victim Eva Olesen was killed.

In court Friday, Petilos said the profile has since not matched anyone in the FBI’s national DNA database — and acknowledged that Carter’s DNA was likely already in that database because convicted offenders have been required to submit DNA samples since 1998.

During the hearing, an attorney who previously worked on Carter’s case confirmed that she took part in the process of getting the inmate’s blood to those who maintain the federal offender database. Carter’s defense attorney, Richard Gale, said he’s almost certain that his client’s DNA is included.

Neal Hamilton, another defense attorney, said in a Friday evening statement that the recent DNA developments confirm what “we’ve always known.”

“Doug did not murder Eva Olesen,” he wrote.

Hamilton said this “exonerated” Carter, and it was “unconscionable” that he remains in jail and charged with aggravated murder. “It is long past time for Doug to go home,” he said.

Olesen was the aunt of the then-Provo police chief. She was killed in her home on Feb. 27, 1985, stabbed 10 times and shot in the back of her head. Her husband told police he had been out visiting a friend and found Olesen’s body partially undressed with her hands tied behind her back when he returned home.

(Olesen family) Eva Olesen was fatally stabbed and shot during a 1985 robbery of her home in Provo.

Gale told the judge Friday that Carter, who is 71, has agreed to give a voluntary DNA sample, but added that the inmate is concerned about possible evidence tampering and wanted extra security measures put in place.

Petilos, the prosecutor, said he needed to clear those requests with Utah County Attorney Jeff Gray, who was unavailable this week as he participated in the death penalty-eligible case for the Utah man accused of fatally shooting Charlie Kirk.

“The State of Utah stole 42 years from Doug. The only consideration which [ought] to remain is how make right the theft of Doug’s life,” Hamilton said in his statement.

Hamilton said Carter, who is Black, was convicted despite multiple people seeing a white man leave the crime scene, and blonde pubic hair allegedly being found on Olesen. He accused the Provo police department — and its lead investigator on the case, then-Lt. George Pierpont — of framing “a vulnerable young Black man.”

Carter is expected to be back in court on July 31. Gale said that if his DNA sample doesn’t match what has been developed from evidence found at the scene, he planned to ask the Utah attorney general’s office to file a petition to have the judge declare Carter factually innocent.

Being found factually innocent is extremely rare. Only a handful of Utahns have been declared innocent since a state law was passed in 2008 that allows convictions to be reconsidered based on new evidence. No one who was sent to Utah’s death row has ever been found factually innocent.
Misconduct allegations

Prior to the DNA results, Carter’s attorneys had recently asked for the aggravated murder case to be dismissed. They allege that investigators engaged in misconduct, lost evidence and ignored evidence pointing to other suspects, including Olesen’s husband.

The lawyers appeared frustrated at his court hearing in June, with Hamilton telling the judge that crime lab workers had developed a suspect DNA profile from evidence that prosecutors had previously said was missing — including a cutting of possible blood found on a back door and cloth found in Olesen’s bathroom.

“These are evidence we’ve previously been told the state could not locate,” Hamilton said. “We found out late Friday that this evidence not only exists, but has DNA on them.”

Despite years of appeals and re-examinations of the case, there hasn’t been a suspect DNA profile developed until recently.

The Utah Supreme Court reversed Carter’s conviction and death sentence last year, after a judge found Provo investigators paid and threatened witnesses who later said they lied.

Officers built a case against Carter largely around those witnesses and a purported confession — which Carter has recently made a renewed effort to suppress.

Police say Carter confessed to a Pierpont, but there’s no recording of that conversation. Pierpont did draft a written confession, which Carter signed. Carter’s attorneys now argue that confession was coerced, and that police took advantage of him in a moment when he was worried about potential legal ramifications for a woman he had stayed with after he left Utah following Olesen’s death.

Provo police focused on Carter as a suspect after getting two tips, according to a Utah Supreme Court ruling: that Carter was a possible suspect in a “vehicle trespass” offense near Olesen’s home shortly before the murder, and that Carter’s wife had apparently rushed home after learning of Olesen’s killing to see if Carter had been involved.

There was no physical evidence tying Carter to the crime scene, according to the ruling — but prosecutors presented at trial that unrecorded purported confession and witness testimony, including from a couple who told jurors that Carter bragged about the killing and demonstrated how he had stabbed Olesen. The couple later retracted their testimony, sharing that police had told them what to say and threatened to deport them.

Carter was convicted at a 1985 trial and sentenced to die.
Another possible suspect

His defense attorneys in a recent motion argued that the lead investigator also ignored evidence pointing to other suspects, including Olesen’s husband — who died in 2009.

They noted in their court filing that Olesen’s husband, Orla Olesen, was the first and primary suspect for the first several months after her death. His relationship with his wife was troubled, their friends told investigators, and the man “frequently spoke ill of Eva and openly discussed not needing her around,” according to the motion.

And though Olesen was killed in the couple’s living room, investigators found blood-stained cloths in their bathroom, according to the motion. Police noted that her husband appeared to be clean and freshly shaven when officers responded after he alerted authorities.

The husband took a polygraph test, according to the motion, and when the results indicated he was being deceptive, Orla Olesen allegedly stormed out of the room and called Pierpont — who was leading the investigation — to complain.

The day after the test, the county attorney told Pierpont he planned to file criminal charges against Orla Olesen, but Pierpont allegedly asked him to hold off so he could continue investigating.

Charges against Olesen never materialized, and Carter was charged instead."

The entire story can be read at:

https://www.sltrib.com/news/2026/07/11/utah-new-dna-profile-could-upend/


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. 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. 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;


July 13: Diagnosis of a crime series: Investigation of the day: Part 6: Shaken baby syndrome: What they got terribly wrong! Part 6: Heather Kirkwood, a specialist in the over-diagnosis and misdiagnosis of non-accidental injuries, explains what to do when taking your child to hospital feels like landing on Mars, noting that: "Wrongful allegations of non-accidental injury are based on a lack of scientific evidence, circular reasoning and influential advocates unwilling to acknowledge obvious errors in their claims." (She specialises in cases where parents have been falsely accused.)... "Heather Kirkwood has worked pro bono with Melanie Reid and her investigations team on multiple cases. She has played a key role in securing six post-conviction victories in cases of over-diagnosis or misdiagnosis of non-accidental injuries, including four full exonerations and a plea deal for a man who was facing the death penalty. She’s also been instrumental in having high-profile criminal cases dismissed before trial and in multiple acquittals in court. Her work spans several US states, Sweden, Australia and New Zealand."



PASSAGE OF THE DAY: "
In 2008 Ontario’s Goudge Inquiry, established after a series of wrongful convictions linked to flawed forensic pathology, exposed the devastating consequences that can flow from courts placing unquestioning reliance on expert medical evidence and called for greater scientific rigour and accountability."

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POST" "When taking your child to hospital feels like landing on Mars," by US-based attorney Heather Kirkwood, published by Newsroom, on July 7, 2026.

PHOTO CAPTION: "Innocent parents who take their children to hospital to be treated and end up being accused of abuse feel like they’ve landed on Mars. That's because the medical and legal establishments have created a new planet, writes Heather Kirkwood."

GIST: "A father told me recently he’d taken his baby to hospital because of vomiting – and found he’d landed on Mars.

He and his wife had left their baby boy briefly with their nanny when the nanny called to say he had fallen backwards from a sitting position and was now acting “funny”. The father rushed home. When he picked up the baby, the baby vomited on him. The nanny already had vomit on her shirt. He called the paediatrician, who said it was likely a virus. When the vomiting continued, he called the paediatrician again – and again. He finally took his baby to the on-call paediatrician, who sent them home. But his baby was still vomiting. The next day, he asked the paediatrican for a referral to a hospital.

At the first hospital and then the second hospital, doctors bustled in and out, looking at him strangely and giving evasive answers. They were followed by the police. The doctors had decided the baby’s vomiting was because of abuse. As he was in the nanny’s care when the symptoms arose, the nanny was the obvious suspect. But the father didn’t think the nanny had abused their baby so he and his wife became the targets of the investigation.

The father had brought his son in for vomiting – but he landed in a world in which nothing made sense. The inhabitants spoke an unknown language and did not appear to understand what he was saying. Nor could he understand what they were saying. Apart from vomiting, their baby was fine – no treatment was needed. They could have stayed home, and their baby would have been fine.

But because they didn’t stay home – because they sought medical care – their baby was taken into state care, followed by bankrupting attorney fees in a year-long battle to keep their son. Compared with others, they were fortunate: the maternal grandmother came from across the country to care for the baby. The parents had to move out of the house, but they were allowed to care for their son under the grandmother’s supervision. Travelling was out of the question, so the father left his challenging job that required travel to care for their child. Expert reports explained the baby had a difficult birth, a very large head and other characteristics that explained the findings – but they were ignored. Finally, their attorneys gave them an option: they could have a trial they were unlikely to win, or they could accept a plea bargain and keep their baby. They ultimately accepted a plea so he and his wife could regain custody of their son.

But though the couple avoided being placed on a child abuse registry or having criminal charges, the father never returned to his work. He was afraid to leave his son with anyone because they knew he was at risk for falls. And they were afraid to take him to a doctor or hospital for workups that might help explain other characteristics, including his large head, small size and continued reflux. On an out-of-state trip several years later, they panicked when their child vomited – would it be safe to take him to a doctor or urgent care? Or would the nightmare begin again?

Would they again face losing their child, not to mention crippling financial expenses and emotional trauma to get him back? Or would they even get him back?

Today, nearly five years later, they worry every time they go to a doctor. And they worry whether they should do follow-ups – follow-up CT scans, follow-up MRIs. And if so, where should they do them? Is anywhere in this country safe? Is any country safe? Is there any way to provide your child with top-notch medical care without a realistic possibility of losing him if the doctors find something that they can’t explain?

I wish I could say that this reaction is uncommon. But it’s not. One accused parent – a doctor who was cleared – found herself shaking years later when entering her own hospital with her disabled child, who was perfectly well.

Yet another mother, whose case was dismissed and the children returned, sometimes sits up all night watching her child breathe, afraid that he might be taken.

Once you land on Mars, you may escape, but the trust is gone – the trust that you live in a country in which you can take your child to the doctor for help, the trust you will be heard, the trust that the truth will emerge, the trust that the legal system works.
Defending the innocent

I am not a criminal defence attorney. My expertise was in antitrust, commercial transactions and securities fraud, but I also did quite a bit of pro bono work. And I brought the skills from my corporate work – work that required an immense number of hours and comprehensive reviews of the evidence – to my pro bono work.

My first child abuse case involved my daughter-in-law’s brother who had been convicted of harming his four-year-old daughter. When my daughter-in-law asked me to look at the case, I said that I would handle it in the same way I handled all of my work – I would gather the evidence, look at the research, talk to experts on all sides and do my best to get the right answer. If her brother was guilty, it was critical to keep him away from the children, including my grandchildren. If he was not guilty, it was important for him to rejoin the family.

As it turned out, there was no medical evidence of abuse. I wish I could say I waved a magic wand and the conviction disappeared, but it took two long years.

There was only a brief break before the same daughter-in-law brought me a second case. This one involved a claim a baby had been shaken to death. The defendant was the babysitter’s husband. He was looking after his own children as well as the three siblings (including the baby) that his wife was babysitting while his wife ran out to buy hairbows for the family Christmas photos to be taken that afternoon. When I learned of the case, the defendant had been convicted and given a 60-year sentence, yet many people in the community believed he was innocent. I agreed to look at the case.

I had never heard of shaken baby syndrome. Around 2004 I asked my son, who was at school in England, to identify the research-based findings of shaken baby syndrome so I could compare them with the hospital and autopsy findings in this case. After three months, my son said, “there is no research basis for shaken baby syndrome” as he handed me several binders of carefully summarised research papers. “Really?” I told my daughter, “$100,000 on an Oxford education and he can’t find the research basis for shaken baby syndrome – I want my money back.” But he was right. The problem wasn’t an absence of papers; the problem was that the reasoning was circular, there were no controls and there was no way to determine whether the categorisation of cases into “abuse” and “non-abuse” was correct.

After reading my petition for post-conviction relief, the prosecutor told me he knew I was honestly presenting my views but that I was mistaken about shaken baby syndrome. He said there was a great deal of evidence supporting it and it was presented by experts at a national conference held every other year. He recommended I go to the conference.

So in September 2006 I attended my first National Center on Shaken Baby Syndrome Conference. I attended four days of presentations – yet I still couldn’t find the research basis for shaken baby syndrome. Nor, it seemed, could anyone else, at least from the material presented. Instead, the speakers focused on theatrics rather than substance, often bolstering their claims by misrepresenting research papers and court filings I had already read. It felt like a pep rally rather than a professional conference.

So we proceeded with the post-conviction hearing. It took days, with leading experts on both sides, to overturn a conviction that appeared to have no research basis. The child was a sick baby, not a shaken baby, and she died from well-documented natural disease processes. The father was released on bond but the prosecutors decided to retry him, this time going for the death penalty. They’d already shown how far they would go to maintain a conviction – before the hearing, they had harangued and threatened his ex-wife into changing her testimony, offering her immunity if she testified against him. When the conviction was overturned, they pulled former cellmates out to try to persuade them to say he had confessed in prison – but no one succumbed. Ultimately, the father decided to take a plea bargain for time served. He was given a 97 percent chance of acquittal – but a 3 percent chance of being found guilty was 3 percent too much. When you’ve been falsely convicted once, you know it can happen again. After nine years in prison, even a new trial would be too much for his children and parents to bear. He is now happily married, very close to his family and very grateful he did not die in prison for a crime that didn’t occur. But he still occasionally wonders whether he should have taken that 97 percent chance of acquittal.

For me this case was a turning point. I had now officially landed on Mars. What I saw at the conference showed me that shaken baby syndrome wasn’t about evidence. Instead, evidence had been supplanted by a strong, well-funded advocacy group consisting of doctors, prosecutors, government officials and even judges who were promoting claims that were not supported by evidence, likely resulting in the imprisonment of innocent parents and caretakers on a national and even global scale.

Before this case concluded, I had fallen into yet another case – and another and another and another. Each one I thought would be the last. But they kept coming. 

Getting to Mars

The obvious question is: how did we get into this situation? We are in an era of science, an era of evidence-based medicine. So how did the fact there was no research basis for shaken baby syndrome – and many other child abuse hypotheses – escape us?

In retrospect there are several factors. Many of the child abuse theories came about from a combination of renewed interest – and changing standards – in child abuse, combined with new technologies that allowed us to look inside a child’s body for evidence of concealed (“occult”) abuse.

X-rays, followed by CT scans, then MRIs were used to inspect the inside of children’s bodies for evidence of abuse. The problem is that imaging is meaningless unless it is connected to the pathology.

Some years ago, as we sat at my dining room table, I asked a neuroradiologist what a small high density area (white on the CT scan) represented. His reply: “Heather, you’re asking me to look at a tree on Bainbridge Island [across the Sound from my dining room] and tell you whether a speck of white on the tree is snow or a bird. I DON’T KNOW.”

And that should have been the approach of the early radiologists, including John Caffey, a paediatrician and self-taught radiologist who is often called the Father of Paediatric Radiology.

In 1929 Caffey, was appointed head of radiology at Babies Hospital (Columbia) in New York, and in 1946, he published an article claiming that chronic subdural hematomas and multiple fractures – findings that had long been associated with medical and nutritional issues, including rickets, scurvy and metabolic disease – were caused by trauma. In 1957, he urged radiologists to diagnose traumatic injury for a wide array of skeletal findings and to “stand [their] ground” when this diagnosis was not supported by the history, physical examination, laboratory findings or treating doctors, for the radiological diagnosis may be the “only means by which the abused youngsters can be removed from their traumatic environment and the wrongdoers punished”. In the “Battered-Child Syndrome” (1962), Dr C Henry Kempe, working with Caffey’s associates, attributed a wide array of imaging and other findings – including subdural hematoma, fracture, failure to thrive, even sudden death – to battering. If the parents did not provide a history of significant trauma, one could safely assume that the child had been battered, and he assigned doctors the responsibility for obtaining confessions or admissions from the parents or other caretakers. In 1971-1974, British paediatric neurosurgeon Norman Guthkelch and Caffey proposed that the reason the allegedly battered babies did not look battered (no external injuries) was that they had been shaken rather than beaten.

As x-rays became more sophisticated and CT scans entered the scene, more and more children were diagnosed as abused based on internal radiographic findings. Although some doctors raised objections, these diagnoses cannonballed into the medical and legal establishments as proven fact, despite the fact no one had seen such a shaking, nor was there physical evidence of such – no rib fractures, bruises, grip marks or neck injury.

In 1987, a serious attempt was made to assess the forces of shaking by Dr Ann-Christine Duhaime, a leading supporter of the shaken baby syndrome (SBS) hypothesis, and several biomechanical engineers. These experiments found that shaking fell well below the established head injury thresholds, with impact exceeding shaking by a factor of nearly 50.

The study concluded that “shaken baby syndrome, at least in its most severe acute form, is not usually caused by shaking alone. Although shaking may, in fact, be part of the process, it is more likely that such infants suffer blunt impact”. No evidence was offered on the type of impact that might occur or the forces that would be required. Instead, doctors were allowed to testify on the type of forces that might be required, without regard for accuracy, and so they did. These are reported examples given by doctors testifying in court cases:

Force equivalent to auto accident or fall off a two-storey building (1989)

Comparable to an average sized adult being rattled back and forth by a 1000 pound gorilla (1990)

Equivalent to at least at 10 foot drop and possibly a 20-30 foot fall (1992)

At least nine G forces or like he had received whiplash from a car crash at 40-60mph without the impact (prosecutor summary) (1992)

Similar to driving on Illinois Route 88 at 35mph and smashing into a concrete abutment with your face bashing against the windshield (1993)

Unrestrained baby thrown about in a 40mph car that abruptly stops (1994)

Brain rammed his skull at 30 to 60 times the normal force of gravity. Fighter pilots pass out at 6½ times the force of gravity.

Fall from a three storey building or from a blow by a baseball bat (1996)

Comparable to what would have happened if she’d been shot from a cannon and rammed into a wall (1996)

Falling out of a fifth or sixth storey window, high velocity auto accident (1997)

20 foot fall or if someone was ejected from a vehicle (1997)

Suffice to say that there was no substantiation for any of these claims.
Woodward trial

These claims went virtually unchallenged until the 1997 trial of Louise Woodward, a British au pair in Massachusetts charged with causing the death of an eight-month-old in her care.

The prosecution witnesses claimed severe shaking and forceful impact. A radiologist testified that the findings were consistent with a force equivalent to “having been dropped from a 15-storey building onto concrete”. An ophthalmologist testified that these findings were not seen even in children who had very severe impact, such as “being hit by a train or falling from five storeys”. If the forces were from impact, the forces would have to be greater than “a truck hitting a baby in a baby carriage”. If from shaking, the shaking would have to be of a “very extreme nature”, sufficient to have “ripped the retina apart internally”. A child abuse paediatrician testified that the child was shaken to “such a violent degree that it would have required as much energy as an adult could muster, sustained over a period of time approaching or exceeding a minute, possibly delivered in intervals”. He was not concerned by the absence of bruising or other signs of trauma as this was “typical” in cases of shaken baby syndrome.

This time, well-qualified defence experts, including a biomechanical engineer, pointed out that the findings, which included a chronic subdural hematoma and skull fracture, were consistent with a pre-existing condition and a short fall, with no evidence of shaking, which was biomechanically improbable based on the Duhaime study and lack of neck injury.

The jury convicted Woodward of second degree murder and imposed a life sentence but the judge reduced the verdict to involuntary manslaughter and the sentence to time served, allowing Woodward to return to England. 

What they got wrong

What we learned in the 25 years following the Woodward trial is that virtually every assumption and claim made in court by child abuse physicians over the past 50 years has been wrong.

First, shaking is a biomechanical construct – but they got the biomechanics wrong. This was confirmed in 1987 by Duhaime et al, but virtually ignored by child abuse paediatricians, paediatric radiologists, the American Academy of Pediatrics and even Duhaime herself. Instead of questioning the shaking hypothesis, shaken baby syndrome evolved into the shaken-impact hypothesis. As there was often no evidence of impact, the new hypothesis was that the infant had been thrown very hard on a very soft surface such as a pillow or mattress.

Under this new hypothesis, the estimates of the forces provided in court testimony and resulting in the separation of families and continued to be inflated and fantastical. For example:

Like being in a car accident or falling out of a three-storey window (2022)

Thrown from a horse or ejected out of an automobile (2023)

Thrown through a car windshield (2024)

Shaken, thrown against something, involved in a car crash where the car was going over 50mph, thrown off a two- or three-storey building (2025).

In contrast, biomechanical studies continued to show that the maximum force of shaking was equivalent to a one foot fall onto carpet. (Prange 2003)

Because they got the biomechanics wrong, they also got the pathology wrong. Most of the shaken baby convictions were based on a triad of pathological findings – subdural hemorrhage, retinal hemorrhage and encephalopathy (brain damage), plus or minus fractures, each of which was said to require great trauma.

They said subdural hemorrhages were caused by ruptured bridging veins, which required great force and would result in immediate unconsciousness. But we now know that nearly 50 percent of healthy asymptomatic newborns have subdural hemorrhages, with no adverse consequences whatsoever. We also know that there are many different types of subdural hemorrhages and that ruptured bridging veins are rare – most subdural hemorrhages result from leakage in the dura or capillaries. Some represent clotting (stroke) rather than bleeding. Many have natural causes, which do not require trauma.

They also got retinal hemorrhages wrong. They said (and some still say) that retinal hemorrhages represent trauma, specifically, shaken baby syndrome/abusive head trauma. But we also know that retinal hemorrhages are seen at birth, from lack of oxygen from any cause (including high altitudes), from Valsalva manoeuvres (including vomiting, coughing) and in infectious processes (Lopez 2010). There is no evidence to support that they are evidence of shaking or trauma.

And they got brain damage wrong. They thought that the brain damage in abused children represented diffuse traumatic axonal injury – a rupturing of axons throughout the brain, which would indeed require great force. In 2001, however, Dr Jennian Geddes et al published two studies showing that the usual finding in the brains of children who were diagnosed as abused was “global hypoxia” (lack of oxygen) rather than diffuse traumatic injury. A decade later, a leading child abuse textbook accepted that it was “becoming increasingly clear from both neuro-imaging studies and post-mortem analyses of fatal cases that the widespread cerebral and axonal damage in cases of AHT are, in fact, ischemic rather than directly traumatic in nature”. (Dias, Jenny 2011).

Because they got the biomechanics and the pathology wrong, they also got the history wrong. History is generally viewed as 75 percent of the diagnosis. But instead of listening to the history provided by the parents and caretakers, they invented a new history to go with their (incorrect) biomechanics and (invented) pathology. The actual histories often consist of sick children, difficult births, short falls or sudden unexpected infant deaths (commonly known as SIDS). In general, these histories are a good fit with what we now know: any of these children may present with the triad or its components.

The same principles apply to fractures. Fractures were an integral part of the shaken baby syndrome diagnosis, starting with Caffey and Kempe and continued by Dr Paul Kleinman (who explicitly relied on Caffey) and the generations of child abuse physicians who followed. In the 1970s, fractures were believed to be caused by shaking, causing fractures in the flailing limbs. Later, they were believed to be caused by twisting and turning the limbs. Today, fractures have largely replaced shaking as the central feature in many child abuse cases. Like other aspects of shaken baby, the diagnosis is not built around eyewitnesses, direct evidence of violence, or even confessions. Instead, it is exactly where it was in 1946, with the long-known and well-established diagnoses of nutritional deficiencies, metabolic bone disease, connective tissue disorders and/or birth-related trauma continuing to take a back seat.

That is deeply concerning for three reasons. First, the evidence base supporting many fracture diagnoses remains remarkably weak, akin to the evidence base in shaken baby syndrome (Guvencel 2019). Second, the extensive use of x-rays in routine child abuse workups is exposing infants to significant amounts of radiation while doctors search for occult injuries – injuries that have no symptoms and need no treatment – that then become the basis for allegations of abuse, child removals and criminal prosecutions. Third, fractures are routinely over-called. Time and again I have reviewed cases where doctors describe 10, 15 or even more than 20 fractures, only for independent experts to conclude that most of those “fractures” are developmental, normal anatomical variants and/or consistent with fragile bones rather than inflicted injury.

The 2025 American Academy of Pediatrics Technical Report on abusive head trauma (the new name for shaken baby) was supposed to bring clarity to this field. Instead, it broadened the diagnostic framework and added to the confusion. The original SBS “triad” has in effect become a much longer list of findings that can be combined in different ways to support a diagnosis. Vomiting and lethargy, for example, are increasingly being used as gateway symptoms of head injury. A vomiting infant may undergo a CT scan, followed by a skeletal survey, then further imaging in the effort to identify occult injuries – often abnormalities, including “fractures”, that cause no pain, require no treatment and would never have come to light had the child not entered the child protection pathway.
Lack of reliable evidence base

Over the past two decades, every major independent review that has attempted to assess the scientific foundation of shaken baby syndrome – now rebranded as abusive head trauma – has raised serious concerns.

In 2003, Australian physician Dr Mark Donohoe published a review of the shaken baby literature that concluded that the medical data as of the end of 1998 was inadequate to support standards for diagnostic assessment. Instead, there were serious data gaps, flaws of logic, inconsistency of case definition, and a serious lack of tests capable of discriminating non-accidental from natural injuries. Based on his review, he concluded that the commonly held opinion that the finding of subdural and retinal hemorrhage in an infant was strong evidence of shaken baby syndrome was “unsustainable, at least from the medical literature”.

In 2008 Ontario’s Goudge Inquiry, established after a series of wrongful convictions linked to flawed forensic pathology, exposed the devastating consequences that can flow from courts placing unquestioning reliance on expert medical evidence and called for greater scientific rigour and accountability.

In 2016, the Swedish government published the results of a two-year systematic review of the evidence base for shaken baby syndrome that encompassed nearly 4000 published abstracts and articles. The review found that that “there is insufficient scientific evidence on which to assess the diagnostic accuracy of the triad in identifying traumatic shaking”. Since the diagnosis of children as abused was based on the triad and other findings that had never been validated, the methodological errors in the shaken baby studies included circular reasoning – a problem had long been recognised not only by Donohoe and others but by leading proponents of the shaken baby hypothesis (Jenny 2002).

The courts are beginning to recognise these problems too.

In Woodward in 1997, the Massachusetts courts clearly doubted whether the medical evidence was as certain as the prosecution experts claimed. In Del Prete in 2014, after hearing from leading experts on both sides, a federal court judge described shaken baby syndrome as “an article of faith rather than a precept of science”. Most recently, in State v Nieves (2025), the New Jersey Supreme Court ruled that prosecutors could not rely on shaken baby syndrome evidence in upcoming trials because of concerns about the lack of reliable biomechanical and medical evidence supporting the diagnosis. On the post-conviction front, more than 40 parents or caretakers who were convicted of shaken baby/abusive head trauma have been exonerated based on flaws in the shaken baby/abusive head trauma hypothesis – flaws that have been known for decades but are still being used to convict the innocent.

Yet despite all of this, innocent parents who take their children to hospital to be treated end up being accused of abuse – and feel like they’ve landed on Mars. They feel this way because the medical and legal establishments have created a new planet – one where the evidence put forward by experts doesn’t match the families’ realities; one where nothing they hear makes sense.

As these cases keep coming, so do the conferences on shaken baby syndrome. The September 2026 Conference will be my 10th conference; it’ll be 20 years since I started attending these gatherings. And I am still waiting for the evidence.

Heather Kirkwood has worked pro bono with Melanie Reid and her investigations team on multiple cases. She has played a key role in securing six post-conviction victories in cases of over-diagnosis or misdiagnosis of non-accidental injuries, including four full exonerations and a plea deal for a man who was facing the death penalty. She’s also been instrumental in having high-profile criminal cases dismissed before trial and in multiple acquittals in court. Her work spans several US states, Sweden, Australia and New Zealand.

The entire story can be read at:

https://newsroom.co.nz/2026/07/08/when-taking-your-child-to-hospital-feels-like-landing-on-mars

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. 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. 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;