Tuesday, October 27, 2026

Curtis Ryan Morris: Maryland: A baby died in his care, and he has spent years trying to clear his name, the Washington Post (Reporter Jasmine Golden) reports, noting that: "At a court proceeding in late August, Morris’s attorneys pointed to a postmortem CT scan of the child’s head they said shows she suffered from preexisting medical complications, including blood clotting in her brain. The scan, the attorneys said, contradicts the state’s claim that the infant suffered fresh injuries while in Morris’s care. They’re asking a judge to set aside the verdict, or grant him a new trial. The challenge for Morris and his attorneys isn’t just convincing the judge that specific medical evidence casts doubt on his conviction. It’s convincing the judge his original attorney never knew about it."


QUOTE  OF THE DAY: “There are two tragedies here: the loss of a child and the wrongful conviction of the person who loved her,” Jimmy Moody, legal director of the Mid-Atlantic Innocence Project, which is representing Morris, said in a statement."

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PASSAGE ONE OF THE DAY: "The Anne Arundel County State’s Attorney’s Office argues that the CT scan existed from the beginning, but that Morris’s trial counsel made flawed attempts at getting it. The office also said that the medical examiner’s findings on the cause and manner of death had been confirmed by other experts.  “I believe that the medical evidence was clear and this conviction was just,” State’s Attorney Anne Colt Leitess said in a statement. After two years worth of testimony, Morris’s case now rests with Circuit Court Associate Judge Pamela K. Alban. She previously led the special victims unit in the Anne Arundel County State’s Attorney’s Office, which included prosecuting child abuse cases."

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PASSAGE TWO OF THE DAY: "Since 1989, only one person has been exonerated in Anne Arundel County, according to the National Exoneration Registry.  “Postconviction relief is structurally built to be difficult,” said Mary Kelly Tate, a law professor and founding director of the Institute of Actual Innocence at the University of Richmond School of Law. “The criminal justice system puts a premium on finality.” As the Aug. 26 hearing concluded, Alban, the judge, said she would work to get Morris an answer on the innocence petition — as well as the postconviction proceeding focused on the ineffective assistance of counsel claims — in the coming weeks. "

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PASSAGE THREE OF THE DAY: "In 2019, with a new attorney, Morris won an appeal to reopen a postconviction proceeding on claims that both his trial and former postconviction counsel had not found a credible expert to discredit the state’s theory, according to court filings. Prosecutors have said those attorneys were effective."

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STORY: "A baby died in his care. He has spent years trying to clear his name," by Reporter Jasmine Golden, published by 000 on September 17, 2026. (Jasmine Golden is a reporter covering social issues and other news on the Metro desk at The Washington Post. She joined the Post in 2021 and has covered crime and courts in Prince George's County, Maryland. She is a multimedia journalist and has interned at NBC News Washington and Politico Magazine.)

GIST: "A judge is weighing Curtis Ryan Morris’s case years after his conviction in the killing of a 3-month-old infant in his care."

PHOTO CAPTION: "Curtis Ryan Morris, shown here with his dog, Artemis, in 2014, was convicted that same year and sentenced to 40 years in prison."

GIST: On a Sunday in June 2012, Curtis Ryan Morris explained to investigators how his evening caring for the 3-month-old girl he was raising as his own ended in tragedy.

He had just fed her a bottle inside his Maryland apartment when she began to choke and stopped breathing.

Morris called 911 and performed CPR. The baby girl was rushed to the hospital, where she died.

As Anne Arundel County police investigated, an assistant medical examiner determined the girl died of blunt force head trauma, court filings show. Morris, then 20, was arrested and a jury later convicted him of murder.

Morris has proclaimed his innocence for more than a decade. And a legal team now representing him says the proof lies in a critical piece of evidence that never made it in front of a jury.

At a court proceeding in late August, Morris’s attorneys pointed to a postmortem CT scan of the child’s head they said shows she suffered from preexisting medical complications, including blood clotting in her brain.

The scan, the attorneys said, contradicts the state’s claim that the infant suffered fresh injuries while in Morris’s care. They’re asking a judge to set aside the verdict, or grant him a new trial.

The challenge for Morris and his attorneys isn’t just convincing the judge that specific medical evidence casts doubt on his conviction. It’s convincing the judge his original attorney never knew about it.

“There are two tragedies here: the loss of a child and the wrongful conviction of the person who loved her,” Jimmy Moody, legal director of the Mid-Atlantic Innocence Project, which is representing Morris, said in a statement. 

The Anne Arundel County State’s Attorney’s Office argues that the CT scan existed from the beginning, but that Morris’s trial counsel made flawed attempts at getting it. Ask The Post AIDive deeper

The office also saiTd that the medical examiner’s findings on the cause and manner of death had been confirmed by other experts. 

“I believe that the medical evidence was clear and this conviction was just,” State’s Attorney Anne Colt Leitess said in a statement.

After two years worth of testimony, Morris’s case now rests with Circuit Court Associate Judge Pamela K. Alban. She previously led the special victims unit in the Anne Arundel County State’s Attorney’s Office, which included prosecuting child abuse cases.

The case

Morris was excited to be a father, his attorneys said.

He started dating his girlfriend while she was expecting and was in the delivery room when the baby girl was born, court filings detail. The couple got an apartment and were raising the girl together.

Morris’s family, who declined to comment for this story, said in an article posted to the Mid-Atlantic Innocence Project website that he is “very loving, caring, sincere.”

The family of the girl declined to comment for the story.

On June 10, 2012, according to charging documents, county police arrived at University of Maryland Baltimore Washington Medical Center in response to the 3-month-old’s death.

Morris was there alongside his girlfriend, who had been at work. Police and investigators from the medical examiner’s office took their statements and ordered an autopsy, court filings detail.

Months later, Morris was arrested. Police charged him with second-degree murder and first-degree child abuse among other counts. He denied harming the girl.

The Office of the Chief Medical Examiner had ruled the infant’s death a homicide. Medical professionals found she had suffered a head injury within six hours of her death, a time in which she was with Morris, police said in the charging documents.

A jury convicted Morris in 2014 and he was sentenced to 40 years in prison.

He’d spend the next decade trying to clear his name.

Morris argued his trial attorney had erred in using a medically censured expert, hurting his case. He lost that appeal of his conviction, and subsequent attempts for a new trial.

According to court filings, the trial attorney testified during a postconviction proceeding that Morris and his family were aware of the censure and had agreed to go ahead with the expert, who countered the state’s theory of the cause of death.

In 2019, with a new attorney, Morris won an appeal to reopen a postconviction proceeding on claims that both his trial and former postconviction counsel had not found a credible expert to discredit the state’s theory, according to court filings. Prosecutors have said those attorneys were effective.

The arguments


Attorneys for the Mid-Atlantic Innocence Project, which has helped free dozens of people in D.C., Maryland and Virginia, took up Morris’s case in 2022 after his new attorney found multiple medical experts who questioned the medical examiner’s testimony.

Another major firm — Latham & Watkins LLP — also joined the case.

In Maryland, a defense team must meet two prongs for a writ of actual innocence petition. First, they must show there is newly discovered evidence that could not have been discovered through due diligence in time to move for a new trial, said Rachel Marblestone Kamins, director of the Decarceration and Re-entry Clinic at the American University Washington College of Law.

They also must show that the evidence creates a substantial or significant possibility that the outcome may have been different.

Morris’s attorneys maintain they’ve met the legal standard — pointing to testimony given in 2024 by the medical examiner who had ruled the girl’s death a homicide.

During a cross-examination that year, court filings show, the examiner said a CT scan had been taken of the girl.

“That was news to everyone in the courtroom,” Richard Frohlichstein, an associate with Latham & Watkins, told the court during Morris’s hearing in August.

Morris’s defense team had experts review the CT scan. They determined that clotting in the girl’s brain — which could have caused oxygen deprivation and stop it from functioning — would have taken days to weeks to develop, not hours, Frohlichstein said.

One of the defense’s experts, according to  court filings, found that blunt force trauma could be the cause of the girl’s death, but that the trauma was not recent. It may have dated back to her birth and led to “a series of delayed complications,” including the clotting and a healing skull fracture.

“Had the jury heard this, there is a real possibility at least one juror would have reasonable doubt,” Frohlichstein said at the August hearing.

Assistant State’s Attorney David Russell picked apart the defense’s claims.

He said in court that the CT scan is not new evidence and also questioned efforts made by Morris’s previous counsel to obtain it.

According to court filings, Morris’s trial counsel requested a CT scan from the Office of the Chief Medical Examiner before trial, but withdrew the request “despite the fact that the CT scan had not been provided.”

Russell wrote in a court filing that “a subpoena of the OCME file does not generally result in the disclosure of all evidence held by the office.”

At court last month, Russell said all that needed to be done was to ask the assistant medical examiner for the scan. As soon as the examiner was questioned about it during the 2024 cross-examination, Morris’s current counsel had the scan within days, Russell said.

“It certainly could have been discovered due to due diligence,” Russell said in court.

Morris’s trial counsel is now a judge. A spokesperson for the Maryland Judiciary declined a request for an interview, saying it “generally cannot comment on pending or impending legal matters.”

In a 2025 declaration, however, Morris’s trial counsel wrote to the court that he had withdrawn his records request because he believed all records had been provided. No one told him, he said, that a CT scan existed.

Russell said in court that no one told the trial counsel there wasn’t a scan, either.

Russell also disagreed with defense counsel over what the scan showed. He said the state’s expert, a forensic radiologist, found the alleged blood clot identified on the girl’s scan is common after death.

He also argued that the state experts were stronger than the defense’s and included the only expert who performed the autopsy.

Beyond that, Russell said, the jury heard testimony from a neighborwho recalled Morris slamming the door in their face and being agitated and hearing excessive crying during a video game. Morris’s attorneys rebutted that sounds like a household with a newborn.

Russell said justice “requires finality.”

“This has been going on for more than a decade,” Russell said.

The wait

Since 1989, only one person has been exonerated in Anne Arundel County, according to the National Exoneration Registry.

“Postconviction relief is structurally built to be difficult,” said Mary Kelly Tate, a law professor and founding director of the Institute of Actual Innocence at the University of Richmond School of Law. “The criminal justice system puts a premium on finality.”

As the Aug. 26 hearing concluded, Alban, the judge, said she would work to get Morris an answer on the innocence petition — as well as the postconviction proceeding focused on the ineffective assistance of counsel claims — in the coming weeks.

Morris offered a smile when his friends waved at him from the gallery.

His father, Curt Morris, said in the article on the Mid-Atlantic Innocence Project website that the family’s “daily lives revolve around his schedule.”

They visit Morris twice a week and call him at least once a day.

“We’re his sanity,” Curt Morris said in the article. “And it’s been that way since day one.""

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, October 26, 2026

Melissa Lucio: Major (unwelcome) Development: Texas: The Texas Court of Criminal Appeals has upheld a conviction that can lead to the execution of a grieving mother, even though new evidence contradicts key evidence that was used to convict her, and counts as to whether a crime had even occurred - and the AIM Media Texas Editorial Board shows little spine when considering the terrible decision in a limpid editorial headed, 'Appellate court ruling in Melissa Lucio case won’t change many minds.'


EDITORIAL:"Appellate court ruling in Melissa Lucio case won’t change many minds," published by the AIM Media Texas Editorial Board on September 26, 2026,  in response to the decision of theTexas Court of Criminal Appeals upholding Melissa Lucio's   conviction of murdering her 2-year-old daughter.

PUBLISHER'S NOTE:  This limpid editorial's bottom line is that Melissa Lucio should not be executed because  doubts remain over how she died and whether it was an accident  or abuse for her mother.  The editorial rightly acknowledges  that thousands of people have signed petitions urging that the conviction be overturned, including a March 2022 bipartisan letter signed by 83 members of the Texas House of Representatives to the state Board of Pardons and Paroles, and to Gov. Greg Abbott, urging clemency - and stating that Lucio’s execution would be a miscarriage of justice. However, the editorial falls  far short by not calling for a retrial which would put all of the doubts to rest, and avoid the risk of executing an innocent, grieving  mother -  especially when, as the editorial points out  there is new evidence which, as the editorial points out,  that contradicts  evidence which helped  convict her -  including what prosecutors called a confession from Lucio that she had abused the child and a detective’s statement that only the mother had claimed Mariah had suffered the injuries from a fall down the stairs.  A strong editorial, as opposes to a weasily one, would cry out for the U.S. Supreme Court, to take the case, order a retrial at which the new evidence can be considered, and put the all the doubts to rest.  That should shouldn't be too much to ask for when considering the consequences of leaving her on death row.

Harold Levy: Publisher of The Charles Smith Blog:

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GIST: "Mariah Alvarez was 2 years old when she died from injuries to her head and other parts of her body in February 2007. Had she lived, she would be old enough to have graduated from high school, married and begun her own family.

Instead, doubts remain over how she died and whether it was an accident or abuse from her mother. Melissa Lucio was convicted of murder in July 2008 and sentenced to death. She is the first Hispanic woman ever placed on Texas’ death row; after 18 years she’s still there.

Her case came closer to resolution this week when the Texas Court of Criminal Appeals upheld her conviction.

Her attorneys say they will appeal the case to the U.S. Supreme Court.

That appeal surely has plenty of support. 

Thousands of people have signed petitions urging that the conviction be overturned, including a March 2022 bipartisan letter signed by 83 members of the Texas House of Representatives to the state Board of Pardons and Paroles, and to Gov. Greg Abbott, urging clemency and stating that Lucio’s execution would be a miscarriage of justice.

On April 25, 2022 — two days before Lucio’s scheduled execution, a panel from the appeals court stayed the execution and ordered the trial court to review new evidence.

That evidence included information that contradicted evidence that helped convict her, including what prosecutors called a confession from Lucio that she had abused the child and a detective’s statement that only the mother had claimed Mariah had suffered the injuries from a fall down the stairs.

Trial judge Arturo Nelson and Cameron County District Attorney Luis Saenz, who was not in office at the time of the trial, signed a statement acknowledging that prosecutors had withheld evidence that could have helped the defense, including medical findings that Lucio had emotional and developmental issues that made her susceptible to detectives’ leading interrogation techniques and statements from two of her other children saying they saw the girl fall down the stairs and that Lucio never hit them, even when disciplining them.

Based on that evidence, the statement read, Lucio should not have been convicted. Nelson asserted that Lucio was “actually innocent.”

In addition, the district attorney at the time, Armando Villalobos, who later was convicted of corruption charges unrelated to this case, hired two of Lucio’s defense attorneys to his office, rendering them unable to work on her appeal.

Will the new evidence, and acknowledgement from both the trial judge and the current district attorney that the case was mishandled and they believe Lucio is not guilty, prompt the Supreme Court to accept the case? Are the governor and the board of pardons willing to accept that too many problems exist in this case to justify executing a mother for a crime that so many people familiar with the case now doubt she actually committed?

This week’s ruling isn’t likely to answer the many questions in the case, or change the minds of most people who believe Melissa Lucio’s guilt hasn’t been proven beyond a reasonable doubt.

At the very least, those questions leave too weak a base upon which to carry out her execution."

The editorial can be read at:

https://myrgv.com/alerts-brh/2026/09/26/editorial-appellate-court-ruling-in-melissa-lucio-case-wont-change-many-minds/

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;

Sunday, October 25, 2026

Douglas Carter: Utah: Major (Welcome) Development; He has been released on bail after decades on Utah's death row after DNA shows no match to him CNN (Associated Press_ reports, noting that: "Douglas Stewart Carter was sentenced to death that same year after a jury found him guilty of murdering Eva Olesen, an aunt of the Provo police chief at the time. The state Supreme Court ordered a new trial last year, citing misconduct by investigators. Carter has maintained his innocence and says a signed confession was coerced. No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on the confession and two witnesses who said he bragged about killing Olesen, who was White."


PASSAGE ONE OF THE DAY: "Douglas Stewart Carter was sentenced to death that same year after a jury found him guilty of murdering Eva Olesen, an aunt of the Provo police chief at the time. The state Supreme Court ordered a new trial last year, citing misconduct by investigators. Carter has maintained his innocence and says a signed confession was coerced. No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on the confession and two witnesses who said he bragged about killing Olesen, who was White."

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PASSAGE TWO OF THE DAY: "Carter, a Chicago native, had been living with his mother in Utah at the time of Olesen’s killing on February 27, 1985. Court documents indicate the investigation eventually focused on Carter, who was suspected of killing Olesen during a robbery. By that April, Carter had fled Utah believing he was a suspect in an unrelated assault case, according to court documents. He was apprehended that June in Nashville, Tennessee, where Carter signed a confession while under interrogation from a Provo detective. Carter said later that he had given a false confession after being repeatedly threatened by police. He was convicted and sentenced to death after a trial in which the defense called no witnesses. He was again sentenced to death after a 1992 retrial, and courts in Utah rejected numerous appeals from Carter in subsequent years."

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PASSAGE THREE OF THE DAY: "A turning point came in 2011, when the two witnesses at his original trial were tracked down in Mexico. They said they had been told to lie in court and were given cash and gifts by police who told them not to disclose the payments. They also said police and prosecutors threatened them and their son with deportation if they did not implicate Carter."

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PASSAGE FOUR OF THE DAY: "Carter’s defense attorneys have said witnesses saw a white man fleeing the crime scene and an investigator suppressed evidence pointing to other suspects, including the victim’s husband, Orla Olesen. They allege that prosecutors were close to filing charges against the husband, but a Provo police lieutenant asked them not to so he could continue investigating. Carter was identified as a suspect soon after, according to court documents."

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STORY: Man ordered released on bail after decades on Utah’s death row after DNA tests
show no match to him, published by the Salt Lake Tribune, on September 28, 2026. (Associated Press); 

GIST: "A Utah judge has ordered a 71-year-old man to be released on bail after he spent decades on death row for a 1985 killing, despite objections from the victim’s family, after prosecutors said newly analyzed DNA evidence did not match him.

Douglas Stewart Carter was sentenced to death that same year after a jury found him guilty of murdering Eva Olesen, an aunt of the Provo police chief at the time.

The state Supreme Court ordered a new trial last year, citing misconduct by investigators. Carter has maintained his innocence and says a signed confession was coerced.

No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on the confession and two witnesses who said he bragged about killing Olesen, who was White.

Defense attorney Neal Hamilton said Carter will be placed in an extended stay accommodation near the family of his son, who was adopted by another family as an infant and didn’t learn about the conviction until years later. Carter also will need therapy to deal with his extended incarceration, Hamilton said.

“It’s not just as simple as, ‘Let’s let him go,’” Hamilton said. “He’s being released with 41 years of state-induced trauma and the effect it will have on him is very real.”

Defendant says confession was coerced


Judge Derek Pullan had scheduled a two-month retrial for 2027, but last week Utah County prosecutors withdrew a notice that they intended to seek the death penalty.

The prosecutors said results of a DNA analysis received September 22 exclude Carter as a possible match to blood found on a doorknob and genetic material recovered from the handle of a knife used to stab Olesen, who was also shot.

Utah County prosecutor Erwin Petilos told the judge Monday that reassessing Carter’s bail was “necessary and fair” as the state continues to look at the remaining evidence in the case.

Carter, a Chicago native, had been living with his mother in Utah at the time of Olesen’s killing on February 27, 1985. Court documents indicate the investigation eventually focused on Carter, who was suspected of killing Olesen during a robbery.

By that April, Carter had fled Utah believing he was a suspect in an unrelated assault case, according to court documents. He was apprehended that June in Nashville, Tennessee, where Carter signed a confession while under interrogation from a Provo detective.

Carter said later that he had given a false confession after being repeatedly threatened by police. He was convicted and sentenced to death after a trial in which the defense called no witnesses. He was again sentenced to death after a 1992 retrial, and courts in Utah rejected numerous appeals from Carter in subsequent years.

Key witnesses say police gave them cash and gifts


A turning point came in 2011, when the two witnesses at his original trial were tracked down in Mexico. They said they had been told to lie in court and were given cash and gifts by police who told them not to disclose the payments. They also said police and prosecutors threatened them and their son with deportation if they did not implicate Carter.

More than a decade of legal wrangling followed before the Utah Supreme Court last year ordered a new trial, citing “multiple instances of intentional misconduct” by police and a prosecutor. A DNA analysis of the evidence was conducted in response to that order and prosecutors said the results arrived last week. They declined Monday to say whether they’re using the DNA evidence to search for other suspects with matching DNA.

Victim’s husband was potential suspect

Carter’s defense attorneys have said witnesses saw a white man fleeing the crime scene and an investigator suppressed evidence pointing to other suspects, including the victim’s husband, Orla Olesen.

They allege that prosecutors were close to filing charges against the husband, but a Provo police lieutenant asked them not to so he could continue investigating. Carter was identified as a suspect soon after, according to court documents.

Orla Olesen, a painting contractor who died in 2009, told police he found his wife dead in their home, partially undressed and with her hands tied behind her back.

Theresa Olesen, a daughter in law of Eva Olesen, said during Monday’s bond hearing that her family had “serious concerns” about Carter’s release. She said he should remain in the Utah County jail, where he was being held pending a new trial.

“By golly we were hoping for a concrete match,” Olesen said of the DNA analysis. “It doesn’t mean he wasn’t there.”

“There are other factors and hopefully the investigation will continue,” she added. “We just want justice for Eva. And if he had any part of it we want that to be known.”"

The preliminary hearing is scheduled to reconvene Nov. 6 at 9:30 a.m., when attorneys are expected to present arguments before Judge Ellis."

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;

Saturday, October 24, 2026

Toforest Johnson: Major (Welcome) Development: (But he is not yet free and exonerated as he surely must be. HL); His death sentence has been commuted as Governor Ivey cites 'thin' evidence, as Eduardo Medina reports, noting that: "Mr. Johnson’s conviction largely relied on the testimony of a woman, Violet Ellison, who said during his trial that she had heard him confess to the crime during a three-way phone call. Ms. Ellison received a $5,000 reward from the state for her help. That information was not initially disclosed and was revealed to Mr. Johnson’s lawyers two decades later. His lawyers also noted that no physical evidence had ever linked him to the crime. Mr. Johnson’s lawyers say jurors never heard from witnesses who could have corroborated his whereabouts during the crime."



QUOTE OF THE DAY: "Ty Alper, one of Mr. Johnson’s lawyers, said in a statement Tuesday that his team was “grateful to Governor Ivey for diligently reviewing Toforest’s case and taking action to spare an innocent man from execution.” Since the 1970s, more than 75 people have been executed in Alabama, according to the Death Penalty Information Center, which collects data on executions. Only a handful of states have had more executions in that time, including Oklahoma, Texas and Missouri. Mr. Alper said it was up to the courts to overturn Mr. Johnson’s conviction and grant him a new trial. His case is now pending in a county court. “We will keep fighting until he is home with his family,” he said."

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PASSAGE OF THE DAY: "In 2014, Jeff Wallace, who was the lead prosecutor in Mr. Johnson’s case, acknowledged in a court hearing that the case against Mr. Johnson was “not very strong because it depended on the testimony of Violet Ellison,” records show. Six years later, Mr. Wallace announced his support for a new trial for Mr. Johnson. Ms. Ellison had also served as a key witness for the state in other criminal cases around the same time that Mr. Johnson’s case was pending. One resulted in an acquittal, and the other was dismissed before trial. “A thorough review and investigation of the entire case leaves no confidence in the integrity of Johnson’s conviction,” Mr. Carr wrote in a 2024 brief expressing his support for a new trial, noting that “the interest of justice” demanded it. “The foundation of this conviction has disintegrated,” he added."

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PASSAGE TWO OF THE DAY: "Mr. Johnson’s case gained national attention after becoming the subject of a popular podcast released in 2023. Danny Carr, the district attorney in Jefferson County, helped spur a re-examination of the case in 2020 when he voiced concerns about the prosecution and asked for a new trial."

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STORY: "Alabama Man’s Death Sentence Is Commuted as Governor Cites Thin Evidence," by Reporter Eduardo Medina, published by The New York Times, on October 20 2026 on October 20, 2026.  (Eduardo Medina is a Times reporter covering the South. An Alabama native, he is now based in Durham, N.C.)

SUB-HEADING: "Toforest Johnson’s conviction in the 1995 killing of a sheriff’s deputy relied on the testimony of a woman who was paid a $5,000 reward by the state for providing information.

GIST: :Gov. Kay Ivey of Alabama on Tuesday commuted the death sentence of a 53-year-old man convicted in the 1995 killing of a sheriff’s deputy, citing “not enough direct evidence to carry out the most serious punishment.”

It is the third time that Ms. Ivey, a Republican, has commuted the death sentence of a prisoner. Alabama has executed 27 prisoners since she became governor in 2017.

The man whose death sentence was commuted on Tuesday, Toforest Johnson, was convicted of capital murder in 1998 in connection with the killing of William G. Hardy, a deputy in Jefferson County, Ala., who was fatally shot while working a security job at a Birmingham hotel.

Mr. Johnson has maintained his innocence. He said he was at a nightclub on the night of the shooting in July 1995.

Mr. Johnson’s conviction largely relied on the testimony of a woman, Violet Ellison, who said during his trial that she had heard him confess to the crime during a three-way phone call. Ms. Ellison received a $5,000 reward from the state for her help. That information was not initially disclosed and was revealed to Mr. Johnson’s lawyers two decades later. His lawyers also noted that no physical evidence had ever linked him to the crime.

Mr. Johnson’s lawyers say jurors never heard from witnesses who could have corroborated his whereabouts during the crime.

Ms. Ivey said Mr. Johnson would be sentenced to life in prison without the possibility of parole.

“My decision is not a determination of innocence,” Ms. Ivey said, “but a recognition that the circumstances of this case justify commuting his death sentence.”

Ms. Ivey’s decision came weeks after the botched execution of Christa Pike in Tennessee, which renewed debates about the effectiveness of lethal injections and about capital punishment.

Mr. Johnson’s case gained national attention after becoming the subject of a popular podcast released in 2023. Danny Carr, the district attorney in Jefferson County, helped spur a re-examination of the case in 2020 when he voiced concerns about the prosecution and asked for a new trial.

Steve Marshall, the attorney general of Alabama, declined to consider the request. Lawyers in the attorney general’s office wrote in 2022 that “Mr. Carr’s opinion that Johnson should receive a new trial is just that, his opinion.”

In 2024, Mr. Carr released the findings of a post-conviction review, which found several flaws in the investigation and prosecution of Mr. Johnson. For instance, credible witnesses placed Mr. Johnson elsewhere at the time of the killing, the review found, and Mr. Johnson had said he was at Tee’s Place, a nightclub across town.

In 2014, Jeff Wallace, who was the lead prosecutor in Mr. Johnson’s case, acknowledged in a court hearing that the case against Mr. Johnson was “not very strong because it depended on the testimony of Violet Ellison,” records show. Six years later, Mr. Wallace announced his support for a new trial for Mr. Johnson.

Ms. Ellison had also served as a key witness for the state in other criminal cases around the same time that Mr. Johnson’s case was pending. One resulted in an acquittal, and the other was dismissed before trial.

“A thorough review and investigation of the entire case leaves no confidence in the integrity of Johnson’s conviction,” Mr. Carr wrote in a 2024 brief expressing his support for a new trial, noting that “the interest of justice” demanded it.

“The foundation of this conviction has disintegrated,” he added.

Ty Alper, one of Mr. Johnson’s lawyers, said in a statement Tuesday that his team was “grateful to Governor Ivey for diligently reviewing Toforest’s case and taking action to spare an innocent man from execution.”

Since the 1970s, more than 75 people have been executed in Alabama, according to the Death Penalty Information Center, which collects data on executions. Only a handful of states have had more executions in that time, including Oklahoma, Texas and Missouri.

Mr. Alper said it was up to the courts to overturn Mr. Johnson’s conviction and grant him a new trial. His case is now pending in a county court.

“We will keep fighting until he is home with his family,” he said.""

The entire story can be reached 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;

Friday, October 23, 2026

Devin Allen Bennett: Mississippi: Discredited Shaken Baby Syndrome, Death Row and Changing Science: A pathologist Dr. Steven Hayne and Odontologist Dr. Michael West case. (Need I say more?. HL)...Major Welcome Development: "On Wednesday, the Mississippi Supreme Court unanimously allowed him to go to the Rankin County Circuit Court to seek post-conviction relief based on what the court considered newly discovered evidence: recently undermined expert testimony in a California case. The evidence is laid out in a Sept. 14 letter from Bennett’s attorney Krissy Nobile from (sic) the state Office of Capital Post-Conviction Counsel. She wrote to the court about post-conviction relief granted for Jason Harley Moore, a California man who was convicted in 2014 for the death of his infant daughter from abusive head trauma, the updated term for shaken baby syndrome. “Mr. Moore, like Devin Bennett, was accused of child abuse after he sought medical care for his child,” Nobile wrote. “In both cases, the child’s condition followed a short fall from a bed, which was the explanation both men provided, and which treating doctors rejected as insufficient to explain the child’s condition.” (Justice Reporter Mina Carpuz( Mississippi Today) in story headed, "


BACKGROUND:  From a previous post on this Blog: (July 24, 2026): "Two and a half years later, a jury found Bennett guilty of capital murder and felonious child abuse and sentenced him to death. The medical examiners responsible for Brandon's autopsy—doctors Steven Hayne and Michael West, a pathologist and an odontologist who often worked together—presented evidence that the fatal injuries resulted from a kind of nonaccidental trauma that, at the time, was considered a sound medical diagnosis. Their autopsy report, written by Hayne, cited "changes consistent with concurrent shaken baby syndrome." Hayne and West reached this conclusion because the classic "shaken baby syndrome triad"—bleeding around the brain, bleeding behind the eyes, and brain swelling—were evident in Brandon. At the time, the triad was considered solid evidence of shaken baby syndrome. Bennett has been fighting to prove his innocence since 2002."


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PASSAGE OF THE DAY: "Dr. Bonnie Woodall, the pediatrician working in the UMMC emergency room, evaluated Brandon’s injuries and ordered tests. She consulted the chairman of neurosurgery, Dr. Andrew Parent, who also examined the infant. They diagnosed the infant with shaken infant syndrome. Both doctors testified as medical experts at Bennett’s 2003 trial. Prosecutors argued he shook Brandon and threw him on the ground, relying on shaken baby syndrome and the autopsy performed by the late pathologist Dr. Steven Hayne and Dr. Michael West, a Hattiesburg dentist who billed himself as a bite mark expert. Hayne and West have been involved in a number of cases that have been overturned, including other shaken baby syndrome cases and ones with bite mark evidence.   Woodall testified that Brandon’s injuries were consistent with shaken baby syndrome, but also that bruises on the infant could have been from resuscitation and transportation. Similarly, Parent testified that shaken baby syndrome was the most likely diagnosis based on retinal hemorrhages he found in Brandon, a majority of which are associated with shaken baby syndrome. Following testimony, Bennett was convicted and sentenced to death in February 2003."

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PASAGE TWO OF THE DAY: "In appeals and post-conviction, his attorneys have argued that Bennett is “factually innocent” based on changes in scientific consensus about shaken baby syndrome and short fall injuries.  In Moore’s case in California, the court found testimony of the prosecution’s medical witnesses has since been “undermined by scientific developments since trial and, thus, constitutes false evidence[.]” In early September, the California appeals court sent his case back to the trial court for the prosecution to decide whether to re-try or release him.  That case cites how in 2020, the American Academy of Pediatrics acknowledged that “short falls can be fatal and that there is no pattern of injury unique to” abusive head trauma. "

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PASSAGE THREE OF THE DAY: "Nobile listed Moore’s case as one of nine in recent years “emphasizing the scientific unreliability of the (shaken baby syndrome) hypothesis.”  Others in Mississippi have been convicted of murder in shaken baby syndrome deaths, including Tasha Shelby, who is serving life in prison without the possibility of parole for the death of her fiance’s son, and Jeffrey Havard, sentenced to death and later resentenced to life without parole for the death of his girlfriend’s infant daughter. Some of their attorneys have raised issues with the science – or lack thereof – behind the diagnosis of shaken baby syndrome. "

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STORY: "Changing science behind shaken baby syndrome may give death row inmate a reprieve,' by Mississippi Justice Reporter  Reporter Mina Corpuz, published by Mississippi, published on October 1, 2026. (Mina Corpuz is Mississippi Today’s justice reporter, covering criminal justice, courts, and legal issues. She joined the newsroom in 2022 after reporting on public safety at the Clarion Ledger and working for several Massachusetts newspapers. Her work focuses on how systems affect incarcerated and formerly incarcerated people, crime victims, and families. Mina’s reporting has contributed to award-winning coverage of the Jackson water crisis and earned honors from the Women for Progress of Mississippi and the New England Newspaper & Press Association. She lives in Hattiesburg."

GIST: "Mississippi death row inmate Devin Allen Bennett is expected to appeal his 2003 conviction for his infant son’s death linked to shaken baby syndrome.

On Wednesday, the Mississippi Supreme Court unanimously allowed him to go to the Rankin County Circuit Court to seek post-conviction relief based on what the court considered newly discovered evidence: recently undermined expert testimony in a California case.

The evidence is laid out in a Sept. 14 letter from Bennett’s attorney Krissy Nobile from (sic)  the state Office of Capital Post-Conviction Counsel. She wrote to the court about post-conviction relief granted for Jason Harley Moore, a California man who was convicted in 2014 for the death of his infant daughter from abusive head trauma, the updated term for shaken baby syndrome.

“Mr. Moore, like Devin Bennett, was accused of child abuse after he sought medical care for his child,” Nobile wrote. “In both cases, the child’s condition followed a short fall from a bed, which was the explanation both men provided, and which treating doctors rejected as insufficient to explain the child’s condition.”

In August 2000, Bennett was watching his son, Brandon, who Bennett said fell from a carseat and onto the floor, hitting his head and side, according to court records. The child initially appeared stable, his father said, but his breathing later changed and stopped. Bennett told local law enforcement he tried to wake up Brandon and then took him to a hospital. From there, Brandon was transferred to the University of Mississippi Medical Center, where he died.

Dr. Bonnie Woodall, the pediatrician working in the UMMC emergency room, evaluated Brandon’s injuries and ordered tests. She consulted the chairman of neurosurgery, Dr. Andrew Parent, who also examined the infant. They diagnosed the infant with shaken infant syndrome.

Both doctors testified as medical experts at Bennett’s 2003 trial. Prosecutors argued he shook Brandon and threw him on the ground, relying on shaken baby syndrome and the autopsy performed by the late pathologist Dr. Steven Hayne and Dr. Michael West, a Hattiesburg dentist who billed himself as a bite mark expert.

Hayne and West have been involved in a number of cases that have been overturned, including other shaken baby syndrome cases and ones with bite mark evidence.

Woodall testified that Brandon’s injuries were consistent with shaken baby syndrome, but also that bruises on the infant could have been from resuscitation and transportation. Similarly, Parent testified that shaken baby syndrome was the most likely diagnosis based on retinal hemorrhages he found in Brandon, a majority of which are associated with shaken baby syndrome.

Following testimony, Bennett was convicted and sentenced to death in February 2003.

In appeals and post-conviction, his attorneys have argued that Bennett is “factually innocent” based on changes in scientific consensus about shaken baby syndrome and short fall injuries.

In Moore’s case in California, the court found testimony of the prosecution’s medical witnesses has since been “undermined by scientific developments since trial and, thus, constitutes false evidence[.]” In early September, the California appeals court sent his case back to the trial court for the prosecution to decide whether to re-try or release him.

That case cites how in 2020, the American Academy of Pediatrics acknowledged that “short falls can be fatal and that there is no pattern of injury unique to” abusive head trauma.

Nobile listed Moore’s case as one of nine in recent years “emphasizing the scientific unreliability of the (shaken baby syndrome) hypothesis.”

Others in Mississippi have been convicted of murder in shaken baby syndrome deaths, including Tasha Shelby, who is serving life in prison without the possibility of parole for the death of her fiance’s son, and Jeffrey Havard, sentenced to death and later resentenced to life without parole for the death of his girlfriend’s infant daughter. Some of their attorneys have raised issues with the science – or lack thereof – behind the diagnosis of shaken baby syndrome.

Generally, there are time limits to appealing a conviction and people can’t file additional motions raising claims that have already been decided or brought up. The state Supreme Court found exceptions in Bennett’s case when it allowed him to seek post-conviction relief in the trial court."


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Excerpt from letter from Devin Bennett's lawyer to the court, referred to in this post. with a valuable list of  key cases emphasizing the scientific unreliability of the SBS hypothesis......... "The Moore decision is another decision in the long line of key cases recently decided, most notably in 2024, 2025, and 2026, emphasizing the scientific unreliability of the SBS hypothesis. These include:

• State v. Nieves) 302 A.3d 595 (NJ. Super. Ct. App. Div. 2023).

• State v. Butts) No. 22AP-763, 2023 WL 4883377 (Ohio Ct. App. Aug. 1, 2023).

• Ex parte Roark) 707 S.W.3d 157 (Tex. Crim. App. 2024).

• People v. Lemons, 22 N.W.3d 42, 2024 WL 3543728 (Mich.July 25, 2024).

• State v. Joshua Burns) No. 14-22070-FH, Circuit Court for the 44th Judicial Circuit,

Livingston County, State of Michigan, Order to Vacate Conviction and Dismiss Charge

(Nov. 20, 2024).

• Ex parte Robert Leslie Roberson) III; Cause No. WR-63,081-03, 2025 WL 2877824 (Tex.

Crim. App. Oct. 9, 2025).

• Smith v. State, 922 S.E.2d 6, 2025 WL 2918738 (Ga. Oct. 15, 2025) (Smith III) .

• State v. Nieves, 262 N.J. 161, 345 A.3d 1127 (Nov. 20, 2025).

• In re Moore, No. D086215 (Cal. Ct. App. Sept. 8, 2026)


Because the impact of junk science knows no jurisdictional boundary, Bennett properly

filed his petition in 2025. See Smith v. State, 922 S.E.2d 6, 16 (Ga. 2025) (" [A] prudent defendant predicating [a post-conviction] motion on scientific developments would wait until he is confident in the materiality of those developments' before presenting the new evidence to the court. "Bennett now deserves an evidentiary hearing on his post-conviction claims."


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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;