Tuesday, October 8, 2024

Ruben Gutierrez. Death Row; Texas; Major (Welcome) Development: U.S. Supreme Court agrees to hear the case of this Texas man who has long argued that DNA testing would help prove he didn’t kill an 85-year-old woman during a home robbery decades ago, The Associated Press reports, noting that, "The order came down Friday in the case of Ruben Gutierrez, months after the justices stayed his execution 20 minutes before he was scheduled to die by lethal injection."…"Gutierrez has long asked for DNA testing on evidence like Harrison’s nail scrapings, a loose hair wrapped around one of her fingers and various blood samples from within her home. His attorneys say there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case."


PUBLISHER'S NOTE: Question of the Day: Will the U.S.  Supreme Court similarly halt the execution of Robert Roberson - the next in line to die in Texas -  whose imminent execution ( Thursday October 17) is based on the junk 'shaken baby syndrome?' I truly hope so;  

Harold Levy. Publisher; The Charles Smith Blog.

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INNOCENCE PROJECT PETITION:

Stop the execution of Robert Roberson: an innocent father;

https://innocenceproject.org/petitions/justice-for-robert-roberson/

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QUOTE OF THE DAY: "Attorney Shawn Nolan said the high court’s action came as a relief. Agreeing to hear the case and extending the stay of execution “brings us one step closer to finally doing the DNA testing that will overturn Ruben’s wrongful conviction and death sentence,” he said."

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STORY: "Supreme Court to hear a Texas death row case, after halting an execution,"  by Associated Press Reporter Lindsay Whitehurst, reported on October 4, 2024. ( Lindsay Whitehurst covers the Supreme Court, legal affairs and criminal justice for The Associated Press in Washington, D.C. Past stops include Salt Lake City, New Mexico and Indiana.)

WASHINGTON (AP) — The U.S. Supreme Court will hear the case of a Texas man on death row who has long argued that DNA testing would help prove he didn’t kill an 85-year-old woman during a home robbery decades ago.

The order came down Friday in the case of Ruben Gutierrez, months after the justices stayed his execution 20 minutes before he was scheduled to die by lethal injection.

Gutierrez was condemned for the 1998 stabbing of Escolastica Harrison at her home in Brownsville, on the state’s southern tip.

Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has long asked for DNA testing on evidence like Harrison’s nail scrapings, a loose hair wrapped around one of her fingers and various blood samples from within her home.

His attorneys say there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.

Attorney Shawn Nolan said the high court’s action came as a relief. Agreeing to hear the case and extending the stay of execution “brings us one step closer to finally doing the DNA testing that will overturn Ruben’s wrongful conviction and death sentence,” he said."

The entire story can be read at: 

https://apnews.com/article/texas-execution-ruben-gutierrez-dna-testing-b8bfc9ccc170156d8b2cd387beac56fb?utm_source=TMP-Newsletter&utm_campaign=f92785a288-EMAIL_CAMPAIGN_2024_10_07_10_41&utm_medium=email&utm_term=0_5e02cdad9d-f92785a288-%5BLIST_EMAIL_ID%5D

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

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


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

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    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;

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


    Christina Swarns: Executive Director: The Innocence Project;
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Monday, October 7, 2024

Jose Olivares: California: Major (Welcome) Development: (From our 'something is terribly wrong in this picture' department)... As America awaits the execution of Robert Roberson in Texas on October 17, based on nothing more than junk science (the much debunked shaken baby syndrome), the Northern California Innocence Project (NCIP) celebrates Jose Olivares release and the vacation of his conviction based on shaken baby syndrome, described as the fifth NCIP case highlighting the unreliability of “Shaken Baby Syndrome” convictions," noting that lawyers from two Innocence Projects and a unit of the Los Angeles District Attorney’s Office had filed together to overturn his conviction…Despite witness after witness who described Olivares as a loving, kind and nurturing father figure to the decedent, the jury relied on now-debunked medical testimony that the fatal injuries could “only” have been caused by what was then commonly referred to as shaken baby syndrome or abusive head trauma (SBS/AHT). They alleged Olivares must have intentionally inflicted the decedent’s injuries. Olivares was acquitted of murder and convicted of child abuse causing death, and sentenced to 25 years to life in prison. Since then, medical advances have shown that the same injuries once believed to be reliable indicators of SBS/AHT do occur as a result of accidental falls of short distances —such as the fall that caused the decedent’s death. Witnessed and videotaped short falls resulting in the same injuries as the decedent have now been documented in peer-reviewed medical literature."

N

PUBLISHER'S NOTE: Something is terribly  wrong in this picture. Here, in the  Olivares case, we see the  utter folly of evidence of the so-called shaken baby syndrome to be introduced in the criminal courts. Yet, On October 17, Texas is  scheduled to snuff out the life of Robert Roberson on nothing more than the notoriously unscientific syndrome.  It looks like only the state's governor can save Robert Roberson's life. Here is a link to the Innocence Project petition, in the hope that public pressure may help:  Please use it.
Harold Levy: Publisher: The Charles Smith Blog.
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INNOCENCE PROJECT PETITION:

Stop the execution of Robert Roberson: an innocent father;

https://innocenceproject.org/petitions/justice-for-robert-roberson/

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PASSAGE OF THE DAY:  "In Olivares’ case, Dr. Judy Melinek, a renowned forensic pathologist, authored a report in 2023 after a thorough review at NCIP’s request, and stated that an accidental short fall was the “reasonable and likely explanation” for the decedent’s injuries. Importantly, too, one of the primary prosecution experts who alleged abuse in Olivares’ 2014 trial, Dr. Donald Minckler, reviewed the case at the request of the Habeas Litigation Unit of the Los Angeles District Attorney’s Office (HABLIT) and has since reversed his finding.  He noted in a 2024 report that “as of this point of time, there are no specific indicators of SBS from a pathology point of view” and he “would now revise [his 2014] conclusion to an accidental fall” as the most consistent conclusion for the injuries in this case. Minckler’s report added that “there were no significant bruises or other fractures or skin marks consistent with physical abuse by another person. Also, the family members were adamant that the accused was not an abuser.”
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QUOTE OF THE DAY: " Another division of the DA’s office has indicated they might re-try Olivares, and he was held in custody until October 2, when he was released on bail “Mr. Olivares’ case is both extraordinarily unique and tragically common because faulty medical testimony has been used for too long to convict far too many loving parents and caretakers,” said NCIP Clinical Supervising Attorney Lauryn Barbosa Findley. “The facts always showed that Mr. Olivares was innocent but the medicine needed time to catch up and prove it. We strongly urge the DA’s office to heed the medical evidence and not try him erroneously a second time.”

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RELEASE: "NCIP Client Jose Olivares Released After 13 Years of Wrongful Incarceration," posted by the Northern California Innocence Project, on  October 3, 2024.

SUB-HEADING: "Olivares is the fifth NCIP case highlighting the unreliability of “Shaken Baby Syndrome” convictions."

GIST: "A 39-year-old man wrongfully incarcerated for 13 years in the death of his girlfriend’s son has been released after a Los Angeles County judge vacated his conviction.

Lawyers from two Innocence Projects and a unit of the Los Angeles District Attorney’s Office had filed together to overturn his conviction.

Olivares’ Arrest and Conviction:
Olivares was arrested in 2011 following the tragic death of his girlfriend's almost four-year-old son from an accidental short fall.


Despite witness after witness who described Olivares as a loving, kind and nurturing father figure to the decedent, the jury relied on now-debunked medical testimony that the fatal injuries could “only” have been caused by what was then commonly referred to as shaken baby syndrome or abusive head trauma (SBS/AHT). 


They alleged Olivares must have intentionally inflicted the decedent’s injuries. 


Olivares was acquitted of murder and convicted of child abuse causing death, and sentenced to 25 years to life in prison.


Since then, medical advances have shown that the same injuries once believed to be reliable indicators of SBS/AHT do occur as a result of accidental falls of short distances —such as the fall that caused the decedent’s death.


 Witnessed and videotaped short falls resulting in the same injuries as the decedent have now been documented in peer-reviewed medical literature.


The request for the reversal of Jose Olivares’ wrongful conviction was filed jointly by the Northern California Innocence Project (NCIP) of Santa Clara University School of Law; the Loyola Project for the Innocent (LPI), part of Loyola Law School; and the Los Angeles County District Attorney’s Office Habeas Litigation Unit.


Unraveling of the Evidence:
In Olivares’ case, Dr. Judy Melinek, a renowned forensic pathologist, authored a report in 2023 after a thorough review at NCIP’s request, and stated that an accidental short fall was the “reasonable and likely explanation” for the decedent’s injuries.


Importantly, too, one of the primary prosecution experts who alleged abuse in Olivares’ 2014 trial, Dr. Donald Minckler, reviewed the case at the request of the Habeas Litigation Unit of the Los Angeles District Attorney’s Office (HABLIT) and has since reversed his finding.


 He noted in a 2024 report that “as of this point of time, there are no specific indicators of SBS from a pathology point of view” and he “would now revise [his 2014] conclusion to an accidental fall” as the most consistent conclusion for the injuries in this case.


 Minckler’s report added that “there were no significant bruises or other fractures or skin marks consistent with physical abuse by another person. Also, the family members were adamant that the accused was not an abuser.”


NCIP and LPI filed a petition for writ of habeas corpus in June 2023 to secure Olivares’ release. 


On August 16, 2024, the HABLIT filed a letter with the Court conceding that evidence now known to be false was used to convict Olivares at his 2014 trial. 


Olivares’ conviction was vacated on September 19, 2024.


 Another division of the DA’s office has indicated they might re-try Olivares, and he was held in custody until October 2, when he was released on bail.


“Mr. Olivares’ case is both extraordinarily unique and tragically common because faulty medical testimony has been used for too long to convict far too many loving parents and caretakers,” said NCIP Clinical Supervising Attorney Lauryn Barbosa Findley. “The facts always showed that Mr. Olivares was innocent but the medicine needed time to catch up and prove it. We strongly urge the DA’s office to heed the medical evidence and not try him erroneously a second time.”


A Larger Pattern of Wrongful Shaken-Baby Convictions:
Olivares’ case came to the attention of NCIP through a large-scale project – which began in 2019 – to identify and litigate wrongful convictions in California that were the product of unreliable medical evidence surrounding SBS/AHT. 


NCIP identified hundreds of convictions and found that many of them bear the hallmarks of a wrongful conviction based on new scientific evidence. NCIP is in active litigation in three additional cases.


“We are the first to undertake this holistic and comprehensive approach to identifying, analyzing, and challenging shaken baby syndrome cases,” said NCIP Executive Director Todd Fries. “Through our extensive data collection and research, it is evident that there was and still is implicit bias in the prosecution of shaken baby syndrome cases, particularly with respect to race and socio-economic status.”


Funding for NCIP’s extensive work in SBS research and litigation was provided as part of the U.S. Department of Justice’s Upholding Rule of Law and Preventing Wrongful Convictions Program, in addition to funding from an Equal Justice Works Fellowship sponsored by Fenwick & West, LLP.

About the Northern California Innocence Project (NCIP)

NCIP is a non-profit clinical program of Santa Clara University School of Law whose mission is to promote a fair, effective, and compassionate criminal legal system and protect the rights of the innocent. Since 2001, NCIP has processed more than ten thousand requests for assistance, investigated hundreds of cases, pursued litigation or collaborative resolution in dozens, and obtained the freedom of 36 wrongfully convicted people. Learn more at www.ncip.org.


The entire release can be read at:

https://mail.google.com/mail/u/0/#inbox/FMfcgzQXJQWwcTDDsGszDLXRtvcBkRpm


PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

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


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

    ———————————————————————————————

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

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


    Christina Swarns: Executive Director: The Innocence Project;
—————————————--------------------------------------


Sunday, October 6, 2024

Linda Stanley; Barry Morphew murder case: Colorado: Two prosecutors (Mark Hurlburt and Robert Weiner) who worked with with now disbarred prosecutor Linda Stanley to charge Barry Morphew with murder have now been publicly censured as a punishment for complaints brought against them, News9 (Reporter Marc Sallinger) reports…"Hurlbert is a former district attorney most well-known for prosecuting Kobe Bryant for an alleged sexual assault in Eagle County in 2003. He was brought on as a contract deputy district attorney to help prosecute Morphew in 2021. Weiner was working in private practice and was also brought on in July of 2021 by Stanley to help prosecute Morphew. Hurlbert and Weiner were accused to helping launch in a secret investigation into Judge Ramsey Lama and his family to try and get retribution for the judge's rulings in the case."


PASSAGE OF THE DAY: "Court documents claim Stanley used unfounded rumors she saw on YouTube and on a Change.org petition to investigate whether  (Judge)  Lama and his wife had conflicts of interest in the case. The team of prosecutors used investigators from the DA's office to interview Lama's ex-wife while secretly trying to get information about the family.  Stanley admitted the clandestine investigation found there was no wrongdoing by the judge." Lama is no longer a judge and is now working in private practice."

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STORY: "Prosecutors in Barry Morphew murder case publicly censured," by Reporter Marc Sallinger, published by 9News, on October 1, 2024.

SUB-HEADING: "Mark Hurlbert and Robert Weiner settled their case in front of a branch of the Colorado Supreme Court before it went to trial."


GIST; Two prosecutors who worked with 11th Judicial District Attorney Linda Stanley to charge Barry Morphew with murder have now been publicly censured as a punishment for complaints brought against them. 


Mark Hurlbert and Robert Weiner settled a complaint filed by the Office of Attorney Regulation Counsel in response to alleged wrongdoings stemming from the Morphew case. 


Hurlbert and Weiner received a public censure, a punishment described by the State of Colorado as, "A public statement issued by the Colorado Supreme Court informing the public that a lawyer committed misconduct." 


The two prosecutors also have to pay nearly $5,000 in administrative fees and other costs incurred during the case.


 In return, a hearing scheduled from Oct. 9-18 in front of the presiding disciplinary judge will be vacated. 


Last month, the presiding disciplinary judge ruled that DA Linda Stanley should be disbarred after a branch of the Colorado Supreme Court found she was guilty of serious ethics violations, including misconduct in the Morphew case.


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


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


Hurlbert is a former district attorney most well-known for prosecuting Kobe Bryant for an alleged sexual assault in Eagle County in 2003. 


He was brought on as a contract deputy district attorney to help prosecute Morphew in 2021.


 Weiner was working in private practice and was also brought on in July of 2021 by Stanley to help prosecute Morphew.  


Hurlbert and Weiner were accused to helping launch in a secret investigation into Judge Ramsey Lama and his family to try and get retribution for the judge's rulings in the case. 


Court documents claim Stanley used unfounded rumors she saw on YouTube and on a Change.org petition to investigate whether Lama and his wife had conflicts of interest in the case.


The team of prosecutors used investigators from the DA's office to interview Lama's ex-wife while secretly trying to get information about the family. 


Stanley admitted the clandestine investigation found there was no wrongdoing by the judge. 


Lama is no longer a judge and is now working in private practice.


Suzanne Morphew's remains were found in 2023 near the town of Moffat in Saguache County. 


Charges against Barry Morphew were dropped in April of 2022 before the case went to trial. 


At this time, no one is facing charges in connection with Suzanne's death. "]


The entire story can be read at:


https://www.9news.com/article/news/local/next/next-with-kyle-clark/prosecutors-barry-morphew-murder-case-publicly-censured/73-3247fa6f-d90b-4337-a2d7-faa7c652a1cd