March 22: Tempe: Greece: Greece's biggest railway disaster: Massive Criminal trial set to begin tomorrow (March 23) with 36 people in the 'dock' in this crash that took 57 lives and triggered allegations that when the 'accident' occured the train was unlawfully carrying explosive materials. Visceral forensic and accountability issues abound. (The trial will be lengthy. I will drop in from time to time, HL) ..."Thirty-six people will be in the dock, includ­ing the three sta­tion­mas­ters who were on duty on the night of Feb­ru­ary 28, 2023, at Larissa Cent­ral Sta­tion, their inspector, 28 former exec­ut­ives and employ­ees of state-owned rail­way net­work man­ager OSE, ERGOSE (the projects branch of the OSE), the rail­way reg­u­lat­ory author­ity RAS, two gen­eral dir­ect­ors of the Min­istry of Trans­port and Infra­struc­ture and two former high-rank­ing exec­ut­ives of Italian-owned train oper­ator Hel­lenic Train. Thirty-three of the defend­ants face the felony charge of dan­ger­ous inter­fer­ence with fixed-track trans­port­a­tion with pos­sible intent, which car­ries a poten­tial life sen­tence (it res­ul­ted in the deaths of 57 people, injur­ies to dozens more, and wide­spread dam­age), and sev­eral mis­de­meanor charges, while the two former high-rank­ing Hel­lenic Train exec­ut­ives and an employee who served in the Human Resources Depart­ment of OSE face mis­de­mean­ors."

BACKGROUND: FROM A PREVIOUS POST OF THIS BLOG:  (11 February, 2025): "Tens of thousands of protesters gathered on January 26 outside the Greek Parliament in Athens, demanding justice for the 57 victims of the 2023 Tempi train disaster. One of the largest protests in recent years, the demonstration was mirrored by similar gatherings in more than 100 cities across Greece and Europe. The tragedy occurred on February 28, 2023, when a passenger train collided with a freight train near Tempi (sic), central Greece. Investigations revealed that the freight train was carrying 10 tons of flammable liquids, leading to a huge fireball that caused numerous fatalities. The authorities have continued to deny the existence of such cargo Protesters held banners reading “We won’t forget” and “I have no oxygen,” the latter echoing a victim’s last words during a distress call. The “I Have No Oxygen” movement, spearheaded by the Association of Tempi Accident Victims, has gained enough momentum to unite citizens in a call for accountability."

https://draft.blogger.com/blog/post/edit/120008354894645705/5146786155178924376

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

For more of Kathimerini's excellent English language rup-to-date reporting, enter ekathimerini.com in you address box: HL; 

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

PASSAGE OF THE DAY: "The trial that has been under­way since last Octo­ber con­cerns the fail­ure of OSE to provide video record­ings from the Thes­saloniki freight sta­tion – where the freight train depar­ted on the night of the crash – to invest­ig­at­ing magis­trate Bakaimis in the sum­mer of 2023, and the sub­sequent over­writ­ing of the sta­tion’s digital hard drive in the fol­low­ing months. On trial are the former chair­man and former chief exec­ut­ive officer of OSE, along with the legal rep­res­ent­at­ive of Inter­star, a private rail-freight con­tractor that has under­taken the secur­ity and video sur­veil­lance of the OSE rail­way net­work. They are charged with unlaw­ful removal of doc­u­ments, moral instig­a­tion and con­tempt."

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

PASSAGE TWO OF THE DAY: "The pro­cess of exhum­ing the bod­ies of nine vic­tims of the train acci­dent has evolved into a battle with legal appeals and informal com­plaints, after Larissa pro­sec­utor Kater­ina Papaioan­nou ordered the exhuma­tion and exam­in­a­tion of the remains in labor­at­or­ies in Greece. The rel­at­ives refuse the exhuma­tion under these terms – four exhuma­tion requests have already been with­drawn – as they insist on send­ing them to bet­ter equipped labor­at­or­ies abroad, and have appealed against Papaioan­nou’s order to the appro­pri­ate judi­cial coun­cil. If the coun­cil sides with the pro­sec­utor, the rel­at­ives are expec­ted to with­draw the remain­ing exhuma­tion requests. However, as three years have passed since the buri­als, the rel­at­ives are allowed to exhume the vic­tims without judi­cial approval and pro­ceed with any action they see fit. This reduces the value of any find­ings, but they will be assessed by the court, if they are presen­ted to it."

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

STORY: "The Tempe train crash case, three years on," by Reporter Sofia Spingou, published by Kathimerini, on March 2, 2026.

SUB-HEADING: "At which stage are the vari­ous judi­cial pro­ceed­ings on Greece’s biggest rail­way dis­aster, and who has been indicted?

– When does the main trial on the 2023 deadly train crash begin and what is at stake?

The main trial will start on March 23, at the Three-Mem­ber Court of Appeals of Larissa, in cent­ral Greece. The presid­ing judge will be the appel­late judge Geor­gia Stefan­idou, who was trans­ferred to Larissa from Thes­saloniki last Septem­ber and will bear, among other things, the bur­den of dir­ect­ing the pro­ceed­ings.

Thirty-six people will be in the dock, includ­ing the three sta­tion­mas­ters who were on duty on the night of Feb­ru­ary 28, 2023, at Larissa Cent­ral Sta­tion, their inspector, 28 former exec­ut­ives and employ­ees of state-owned rail­way net­work man­ager OSE, ERGOSE (the projects branch of the OSE), the rail­way reg­u­lat­ory author­ity RAS, two gen­eral dir­ect­ors of the Min­istry of Trans­port and Infra­struc­ture and two former high-rank­ing exec­ut­ives of Italian-owned train oper­ator Hel­lenic Train. Thirty-three of the defend­ants face the felony charge of dan­ger­ous inter­fer­ence with fixed-track trans­port­a­tion with pos­sible intent, which car­ries a poten­tial life sen­tence (it res­ul­ted in the deaths of 57 people, injur­ies to dozens more, and wide­spread dam­age), and sev­eral mis­de­meanor charges, while the two former high-rank­ing Hel­lenic Train exec­ut­ives and an employee who served in the Human Resources Depart­ment of OSE face mis­de­mean­ors.

There is also con­cern that the mis­de­meanor charges – such as man­slaughter – could exceed the stat­ute of lim­it­a­tions, as they become timebarred in 2031. The date may seem dis­tant, but it is not if one con­siders the pace of judi­cial pro­ceed­ings in Greece, and that by then the case should have been tried in the Supreme Court. With five years remain­ing for a trial that is estim­ated to last approx­im­ately two years in the first instance, this risk does not seem an unlikely scen­ario.

– Will the crim­inal liab­il­ity of politi­cians for the acci­dent be invest­ig­ated?

The pos­sible crim­inal liab­il­ity of politi­cians – former deputy min­is­ter Chris­tos Tri­an­to­poulos and former trans­port min­is­ter Kos­tas A. Kara­man­lis – in the Tempe acci­dent is being invest­ig­ated by two judi­cial coun­cils of the Supreme Court, as stip­u­lated in art­icle 86 of the Greek Con­sti­tu­tion. Supreme Court pro­sec­utor, Dimitris Mitroulias, will handle the case file on the alleged tam­per­ing of the crash site, for which Tri­an­to­poulos is being invest­ig­ated for the mis­de­meanor of breach of duty. Seven other people are accused of par­ti­cip­at­ing in the same act, includ­ing the former regional gov­ernor

The pos­sible crim­inal liab­il­ity of politi­cians is being invest­ig­ated by two judi­cial coun­cils of the Supreme Court  of Thes­saly, Kos­tas Agoras­tos. If the Judi­cial Coun­cil decides to refer the former min­is­ters, a trial will be held at the Spe­cial Court. The case involving Kara­man­lis is at an earlier stage, fol­low­ing a decision by the Par­lia­ment to launch crim­inal pro­ceed­ings for breach of duty, based on the case file for­war­ded by the head of the invest­ig­a­tion into the crash, Sot­iris Baika­mis. The case also names another seven former gen­eral sec­ret­ar­ies of the Min­istry of Trans­port and Infra­struc­ture who are being invest­ig­ated as pos­sible accom­plices in the former Min­is­ter’s offense.

– Have all the requests sub­mit­ted by rel­at­ives of the vic­tims for exhuma­tions been sat­is­fied?

The pro­cess of exhum­ing the bod­ies of nine vic­tims of the train acci­dent has evolved into a battle with legal appeals and informal com­plaints, after Larissa pro­sec­utor Kater­ina Papaioan­nou ordered the exhuma­tion and exam­in­a­tion of the remains in labor­at­or­ies in Greece.

The rel­at­ives refuse the exhuma­tion under these terms – four exhuma­tion requests have already been with­drawn – as they insist on send­ing them to bet­ter equipped labor­at­or­ies abroad, and have appealed against Papaioan­nou’s order to the appro­pri­ate judi­cial coun­cil. If the coun­cil sides with the pro­sec­utor, the rel­at­ives are expec­ted to with­draw the remain­ing exhuma­tion requests. However, as three years have passed since the buri­als, the rel­at­ives are allowed to exhume the vic­tims without judi­cial approval and pro­ceed with any action they see fit. This reduces the value of any find­ings, but they will be assessed by the court, if they are presen­ted to it.

– What is the so-called “video trial” already under­way in Larissa about?

The trial that has been under­way since last Octo­ber con­cerns the fail­ure of OSE to provide video record­ings from the Thes­saloniki freight sta­tion – where the freight train depar­ted on the night of the crash – to invest­ig­at­ing magis­trate Bakaimis in the sum­mer of 2023, and the sub­sequent over­writ­ing of the sta­tion’s digital hard drive in the fol­low­ing months. On trial are the former chair­man and former chief exec­ut­ive officer of OSE, along with the legal rep­res­ent­at­ive of Inter­star, a private rail-freight con­tractor that has under­taken the secur­ity and video sur­veil­lance of the OSE rail­way net­work. They are charged with unlaw­ful removal of doc­u­ments, moral instig­a­tion and con­tempt.

– Will there be a trial over those respons­ible for the fail­ure to imple­ment Con­tract 717 for rail­way safety?

The case of the stalled Con­tract 717, which was signed in 2014 and should have been delivered in 2016, but ulti­mately received seven exten­sions, is also expec­ted to find its way to court in 2026. The ini­tial case file included 23 defend­ants – also accused in the main case – who face either charges of instig­a­tion of fraud related to sub­sidies or instig­a­tion to sub­mit a false cer­ti­fic­a­tion.

In the course of the invest­ig­a­tion, this part of the case was merged with a second case against 16 indi­vidu­als who are accused of breach of duty for pay­ing approx­im­ately €3 mil­lion to the con­sor­tium that had under­taken the imple­ment­a­tion of the con­tract as com­pens­a­tion for the delays.

There is another para­dox in the case: Because of Art­icle 86 of the Con­sti­tu­tion, which only allows Par­lia­ment to invest­ig­ate min­is­ters for any offences, the instig­at­ors and accom­plices in the offense are being pro­sec­uted, but not the phys­ical per­pet­rator.

The rel­ev­ant case against then-trans­port min­is­ter Kara­man­lis which con­cerned breach of duty had been for­war­ded to Par­lia­ment three years ago. As is known, his immunity was not lif­ted, which means that private cit­izens are faced with charges of instig­at­ing, aid­ing and abet­ting breach of duty, with Kara­man­lis allegedly being the phys­ical per­pet­rator of the act."

The entire story can be read at:

https://www.pressreader.com/greece/kathimerini-english/20260302/281556592311191

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

Related Kathimerini article: Tempe trial a crash test for our institutions. (Link Below): "The psychological and social pressure being exerted on everyone involved in the trial (with the judges and prosecutors in the front line) is absolutely enormous. The Tempe trial is not just about justice for the victims; it is also a crash test of citizens’ faith in the country’s institutions – and every “crack in the system” allows a thorn of anti-system sentiment to grow."

https://www.ekathimerini.com/opinion/1298771/tempe-trial-a-crash-test-for-our-institutions/--

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

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!

Christina Swarns: Executive Director: The Innocence Project;

March 21: Shawn Tanner: Massachusetts: Rare post-humous DNA exoneration: The Washington Post (Reporter Joanna Slater) reports that DNA testing could clear Shawn Tanner's name (he maintained he was not guilty of murder over 34 years in prison) - and point to a serial killer. The Washington Post (Reporter Joanna Slater) reports that, "A legal battle over whether the dead can clear their names will grant his final wish."...Caption: "Shawn Tanner, who was found guilty of a 1988 murder, died of brain cancer in 2022. Before his death, he asked authorities in Massachusetts to allow DNA testing of key evidence in his case."

QUOTES OF THE DAY: "Jill Paiva’s mother, Nancy, was one of the victims murdered that year. Paiva said she met with Bristol County prosecutors last November to press for an update on the case. She asked them why they were opposed to DNA testing in Tanner’s case, urging them to leave no stone unturned. “It doesn’t matter if it’s a pebble,” Paiva remembers saying. “You don’t know what you’ll find under it if you don’t look.” The prosecutors told her that they had ruled out any connection between the serial murders and Tanner’s case, Paiva said, and reiterated that the case against Tanner was strong. But at the appellate hearing late last year in Boston, a panel of seven judges echoed Paiva’s query. “We’re dealing with, potentially, evidence that everyone would care about,” Justice Scott Kafker said. “What is the Commonwealth’s interest in not finding out what’s under those fingernails?”

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

PASSAGE OF THE DAY: "In late 2020, lawyers at the New England Innocence Project took on Tanner’s case, which raised several red flags, said staff attorney Laura Carey. The prosecution relied heavily on the testimony of a single witness, she said, and also cited two potentially misleading forensic techniques — hair and blood type analysis — that have contributed to erroneous convictions. Meanwhile, the evidence collected at the scene — including scrapings from beneath the victim’s fingernails as well as from the bedsheets and towels — had never been subjected to DNA testing. “Why rely on what somebody said Shawn told them after the murder when you can test it with science?” Carey asked."

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

PASSAGE TWO OF THE DAY: "In late 2020, lawyers at the New England Innocence Project took on Tanner’s case, which raised several red flags, said staff attorney Laura Carey. The prosecution relied heavily on the testimony of a single witness, she said, and also cited two potentially misleading forensic techniques — hair and blood type analysis — that have contributed to erroneous convictions. Meanwhile, the evidence collected at the scene — including scrapings from beneath the victim’s fingernails as well as from the bedsheets and towels — had never been subjected to DNA testing. “Why rely on what somebody said Shawn told them after the murder when you can test it with science?” Carey asked."

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

PASSAGE THREE OF THE DAY: "It wasn’t just Tanner’s sister and lawyers pushing for the testing. Among the groups that filed briefs in the case: the relatives of women who were victims in a notorious serial murder case in the same area that remains unsolved. The so-called New Bedford Highway Killer is believed to have murdered at least nine women, many by strangulation, starting in 1988, the year of Tanner’s arrest."

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

PASSAGE FOUR OF THE DAY: "Last month, the Massachusetts Supreme Judicial Court ruled in Tanner’s favor, saying a valid order to conduct post-conviction DNA testing does not automatically expire after a defendant’s death. It also noted that there was a “societal interest” in these results since there “remain nine unsolved murders from the same period and region.” n a statement, the Bristol County District Attorney’s Office said it would comply with the ruling. It did not respond to further questions."

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

STORY: "DNA testing could clear a dead man’s name — and point to a serial killer

Over 34 years in prison, Shawn Tanner maintained he was not guilty of murder. A legal battle over whether the dead can clear their names will grant his final wish," by Reporter Joanna Slater, published by The Washington Post, on March 16 2026. (Joanna Slater is a national correspondent for The Washington Post focusing on the Northeast. Previously she served as the paper's India bureau chief based in New Delhi. She is an award-winning foreign correspondent whose career includes assignments in the United States, Europe and Asia. She has reported from more than 20 countries. Prior to joining The Post, she worked at Canada's Globe & Mail and the Wall Street Journal. She was based in Asia for seven years, first in Hong Kong and then Mumbai. In 2014-5, she was posted in Berlin, where she covered Europe’s refugee crisis.)

SUB-HEADING: "Shawn Tanner, who was found guilty of a 1988 murder, died of brain cancer in 2022. Before his death, he asked authorities in Massachusetts to allow DNA testing of key evidence in his case. (Courtesy of New England Innocence Project)

GIST: "Over his 34 years in prison, Shawn Tanner always maintained he was not guilty of murder, insisting on his innocence right up until his death in 2022.

Now a years-long legal battle will grant his final wish: for DNA testing to be conducted on crucial evidence in his case.

The prosecutor’s office that obtained his conviction fought the testing, arguing that his death invalidated his request and that the results wouldn’t prove his innocence anyway.

His advocates disagreed, arguing that the results could not only lead to his exoneration but also offer a clue in the unsolved case of an infamous serial killer.

The result: A debate over whether the dead can clear their names that eventually reached the Massachusetts Supreme Judicial Court, testing legal boundaries and fundamental notions of justice along the way.

In late 2020, lawyers at the New England Innocence Project took on Tanner’s case, which raised several red flags, said staff attorney Laura Carey. The prosecution relied heavily on the testimony of a single witness, she said, and also cited two potentially misleading forensic techniques — hair and blood type analysis — that have contributed to erroneous convictions.

Meanwhile, the evidence collected at the scene — including scrapings from beneath the victim’s fingernails as well as from the bedsheets and towels — had never been subjected to DNA testing. “Why rely on what somebody said Shawn told them after the murder when you can test it with science?” Carey asked.

In late 2020, lawyers at the New England Innocence Project took on Tanner’s case, which raised several red flags, said staff attorney Laura Carey. The prosecution relied heavily on the testimony of a single witness, she said, and also cited two potentially misleading forensic techniques — hair and blood type analysis — that have contributed to erroneous convictions.

Meanwhile, the evidence collected at the scene — including scrapings from beneath the victim’s fingernails as well as from the bedsheets and towels — had never been subjected to DNA testing. “Why rely on what somebody said Shawn told them after the murder when you can test it with science?” Carey asked.

The private laboratory conducting the testing did not receive an approval needed to start the process from the state crime laboratory until 2023. That’s when it discovered that a key sample — the fingernail scrapings — were missing from the materials previously sent by state police.

Meanwhile, the Bristol County District Attorney’s Office decided to fight the judge’s order. It filed a motion arguing that Tanner’s death meant the court no longer had any jurisdiction. The order becomes “null and void once the defendant has passed away,” a prosecutor said during a September 2023 hearing.

The legal debate would escalate to the Massachusetts Supreme Judicial Court.

For Tanner’s family, the question is simpler. Cheryl Kirby, his older sister, declined to answer questions about her brother’s life, saying her goal is to honor his dying wish. “I want to continue his fight,” Kirby said. “I want the testing to move forward to get to the truth.”

Turn every ‘pebble’

It wasn’t just Tanner’s sister and lawyers pushing for the testing.

Among the groups that filed briefs in the case: the relatives of women who were victims in a notorious serial murder case in the same area that remains unsolved. The so-called New Bedford Highway Killer is believed to have murdered at least nine women, many by strangulation, starting in 1988, the year of Tanner’s arrest.

Jill Paiva’s mother, Nancy, was one of the victims murdered that year. Paiva said she met with Bristol County prosecutors last November to press for an update on the case. She asked them why they were opposed to DNA testing in Tanner’s case, urging them to leave no stone unturned.

“It doesn’t matter if it’s a pebble,” Paiva remembers saying. “You don’t know what you’ll find under it if you don’t look.” The prosecutors told her that they had ruled out any connection between the serial murders and Tanner’s case, Paiva said, and reiterated that the case against Tanner was strong.

But at the appellate hearing late last year in Boston, a panel of seven judges echoed Paiva’s query. “We’re dealing with, potentially, evidence that everyone would care about,” Justice Scott Kafker said. “What is the Commonwealth’s interest in not finding out what’s under those fingernails?”

David Mark, a lawyer at the Bristol County District Attorney’s Office, said at the hearing that no matter what the DNA testing showed, it would not prove Tanner’s innocence.

“This is not a case where testing alone can produce a definitive result of exoneration,” Mark told the judges. It’s “simply not possible on these facts.” Even if DNA results show that a third person was present in the room, prosecutors have argued, it does not diminish the strength of the other evidence against Tanner, particularly Almeida’s testimony.

Last month, the Massachusetts Supreme Judicial Court ruled in Tanner’s favor, saying a valid order to conduct post-conviction DNA testing does not automatically expire after a defendant’s death. It also noted that there was a “societal interest” in these results since there “remain nine unsolved murders from the same period and region.”

In a statement, the Bristol County District Attorney’s Office said it would comply with the ruling. It did not respond to further questions.

Paiva welcomed the court’s decision. She said her 11-year-old grandson has begun asking questions about her mother’s death, questions that she cannot answer. Why would someone do something like that? How come they don’t know who did it?

Like several of the serial killer’s victims, Paiva’s mother, Nancy, struggled with drug use. But she was a devoted and loving parent, Paiva said, remembered for her elaborate Christmas decorations and blueberry picking expeditions.

“Do I expect that this is going to be a miracle, we’re going to find out who did it? No,” Paiva said. But Tanner’s family “deserves to know,” she continued. “Even though he’s passed, his family deserves an answer.""

The entire story can be read at: 

https://www.washingtonpost.com/nation/2026/03/16/dna-testing-dead-convicted-murder/

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!

Christina Swarns: Executive Director: The Innocence Project;

March 20: Danyel Smith: Georgia: Shaken Baby Syndrome: New science or same verdict? Atlanta News First (Reporter Andy Pierrotti) reports that a judge is considering whether expert testimony could change his 2003 conviction, noting that: "Danyel Smith has been in prison for more than 20 years following 2003 conviction in the death of his two-month-old son - and that a judge is weighing whether a father convicted of killing his infant son more than two decades ago should receive a new trial after his attorneys argued that updated medical science shows no crime occurred. Danyel Smith has been in prison for more than 20 years following his 2003 conviction in the death of his two-month-old son, Chandler Smith. Prosecutors at the time told jurors the child died from injuries consistent with what was then commonly described as “Shaken Baby Syndrome.”..."During a hearing Monday, Smith appeared in court by Zoom as his attorneys presented testimony from eight medical experts who say Chandler’s death may have been caused by underlying medical conditions rather than abuse. Smith’s legal team argues advances in medical science and new expert analysis undermine the original diagnosis presented at trial. According to their court filing, several specialists reviewed medical records and autopsy findings and concluded the infant’s injuries were more consistent with natural causes or medical complications than shaking. Prosecutors dispute those claims, arguing the new opinions are unreliable and do not meet the legal standard required to reopen the case."

PASSAGE OF THE DAY: "Three years ago, prosecutors offered Smith a plea deal that would have allowed him to leave prison if he pleaded guilty to a lesser charge and admitted responsibility. Smith declined the offer."

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

PASSAGE TWO OF THE DAY: Smith’s request for a new trial comes after the Georgia Supreme Court previously ordered the trial court to reconsider his motion using the proper legal framework for newly discovered evidence.

The judge did not immediately rule after Monday’s hearing and did not provide a timeline for a decision. If the court determines the new expert testimony could have affected the jury’s verdict, Smith could receive a new trial."

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

QUOTE OF THE DAY: "Smith’s fiancée, LaTasha Pyatt, said the new testimony from medical experts shows the conviction should be reconsidered. “They are trying to disqualify ... renowned neurosurgeons that even Children’s Healthcare of Atlanta consults with,” Pyatt said. “How do you dispute anything like that? We’re not bringing random people off of the streets. We’re bringing in experts who actually do this on a daily basis.” Pyatt believes Smith is innocent. “It’s a gross miscarriage of justice in the beginning, but now it’s even more bizarre because at this point they are just holding an innocent man in prison for nothing,” she said."

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

STORY: "New science or same verdict? Judge considers whether expert testimony could change 2003 conviction," by Reporter Andy Pierrotti, published by Atlanta News First, on May 16, 2026. (Andy Pierrotti is a national award-winning investigative reporter recognized with the duPont Columbia Award, George Foster Peabody, multiple Emmy and Edward R. Murrow awards. Andy’s investigations have changed state laws, put people in prison, freed a man from jail and led to historic state fines.)

SUB-HEADING: "Danyel Smith has been in prison for more than 20 years following 2003 conviction in the death of his two-month-old son."

GIST: "A Gwinnett County judge is weighing whether a father convicted of killing his infant son more than two decades ago should receive a new trial after his attorneys argued that updated medical science shows no crime occurred.

Danyel Smith has been in prison for more than 20 years following his 2003 conviction in the death of his two-month-old son, Chandler Smith. Prosecutors at the time told jurors the child died from injuries consistent with what was then commonly described as “Shaken Baby Syndrome.”

During a hearing Monday, Smith appeared in court by Zoom as his attorneys presented testimony from eight medical experts who say Chandler’s death may have been caused by underlying medical conditions rather than abuse.

Smith’s legal team argues advances in medical science and new expert analysis undermine the original diagnosis presented at trial. According to their court filing, several specialists reviewed medical records and autopsy findings and concluded the infant’s injuries were more consistent with natural causes or medical complications than shaking.

Prosecutors dispute those claims, arguing the new opinions are unreliable and do not meet the legal standard required to reopen the case.

In their response brief, the Gwinnett County District Attorney’s Office maintains that Smith’s experts rely on speculative theories and that the evidence would not have changed the outcome of the trial

The case centers on a key legal question: whether newly presented expert testimony could have led a jury to reach a different verdict.

If the judge determines the new evidence could have created reasonable doubt for jurors, she could grant Smith a new trial.

Three years ago, prosecutors offered Smith a plea deal that would have allowed him to leave prison if he pleaded guilty to a lesser charge and admitted responsibility. Smith declined the offer.

Family members on both sides attended the hearing and expressed sharply different views about the case.

Chandler’s mother, Marsha Brandon, said she still believes Smith was responsible for the baby’s death.

“My baby was abused,” Brandon said. “He was murdered by Danyel Smith. That’s why he’s in jail and I’m happy about it and he needs to stay there.”

Asked whether Smith’s decision not to take the plea agreement gave her any doubt about his guilt, Brandon said it did not.

“I think he’s looking for a story,” she said. “He’s looking to have a book, make a movie.”

Smith’s fiancée, LaTasha Pyatt, said the new testimony from medical experts shows the conviction should be reconsidered.

“They are trying to disqualify ... renowned neurosurgeons that even Children’s Healthcare of Atlanta consults with,” Pyatt said. “How do you dispute anything like that? We’re not bringing random people off of the streets. We’re bringing in experts who actually do this on a daily basis.”

Pyatt believes Smith is innocent.

“It’s a gross miscarriage of justice in the beginning, but now it’s even more bizarre because at this point they are just holding an innocent man in prison for nothing,” she said.

Smith’s request for a new trial comes after the Georgia Supreme Court previously ordered the trial court to reconsider his motion using the proper legal framework for newly discovered evidence.

The judge did not immediately rule after Monday’s hearing and did not provide a timeline for a decision.

If the court determines the new expert testimony could have affected the jury’s verdict, Smith could receive a new trial."

The entire story can be read at: 

https://www.atlantanewsfirst.com/2026/03/16/gwinnett-judge-weighs-new-trial-infant-death-conviction-amid-disputed-shaken-baby-science/

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!

Christina Swarns: Executive Director: The Innocence Project;