Wednesday, August 26, 2026

August 26: Suicide by cop? "Some call the concept a type of junk science," Staff Writer Michelle Pitcher reports in The Texas Observer, noting that: "Almost immediately following the (17-year-old Anthoneil Williams II,) (HL) shooting, Austin Police Chief Lisa Davis—who’s held the job since 2024—said, “All points are indicating that this was a suicide by police.” That didn’t sit well with people who knew Williams or with some in the community. Cluren Williams (no relation), an activist whose own brother was shot by APD in 2017, called the characterization “irresponsible” and “dehumanizing.” Chas Moore, founder of the Austin Justice Coalition, told the Texas Observer: “I just can’t believe that a 17-year-old Black boy had somehow become privy to a world of ‘suicide by cop.’”



QUOTE OF THE DAY: "Moore  (Chas Moore, founder of the Austin Justice Coalition)  added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

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PASSAGE OF THE DAY: "There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.   “Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review."

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

STORY: ''Suicide by cop': How a poorly defined term shifts accountability for lost lives," by Michelle Pitcher, published by The Texas Observer, on August 19, 2026.  (Michelle Pitcher (is a staff writer at the Texas Observer covering criminal justice. She received her master’s in journalism from the University of California, Berkeley and was part of the team at The Marshall Project that won the Pulitzer Prize for national reporting. Her reporting has been featured on NPR, FiveThirtyEight, The Dallas Morning News, and more. Michelle was born and raised in Dallas and is now based in Austin.)


SUB-HEADING: Austin officers killed an unarmed  17-year-old at a park last month in what the chief swiftly deemed "suicide by police. Some call the concept a type of junk science."

GIST: "In the early hours of July 24, someone placed a call to Austin’s 911 dispatch. The male caller told the operator he was looking out of his window and saw a teenager who may have had a gun. He wasn’t certain it was a weapon, but the person was “messing with his waistband,” the caller said. He gave the address of a community park in northeast Austin, one with a playground and a basketball court. 

When police arrived only minutes later, the only person there was 17-year-old Anthoneil Williams II, a sociable, upbeat teenager, one who had never gotten in trouble with the police before. In body camera and surveillance footage of the incident, he appears to lift up his shirt and reach for his waistband. 

The three responding officers all pulled their triggers—not just once, but enough times for at least two officers to empty their chambers and reload. They kept firing after Williams had already hit the ground. Austin-Travis County Emergency Medical Services was called to the scene after officers determined no one else was around, but Williams died on that playground at 4:25 a.m. 

Afterward, the officers discovered there was no gun in Williams’ waistband—only a water bottle. They also found that Williams had placed the call.

Almost immediately following the shooting, Austin Police Chief Lisa Davis—who’s held the job since 2024—said, “All points are indicating that this was a suicide by police.” 

That didn’t sit well with people who knew Williams or with some in the community. Cluren Williams (no relation), an activist whose own brother was shot by APD in 2017, called the characterization “irresponsible” and “dehumanizing.”

Chas Moore, founder of the Austin Justice Coalition, told the Texas Observer: “I just can’t believe that a 17-year-old Black boy had somehow become privy to a world of ‘suicide by cop.’”

Moore added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

The label “suicide by cop” is divisive. It’s a term that shifts the blame for a police shooting to the victim and insulates police from liability—and one that can fundamentally alter how officers respond to an emergency call. It’s become one of the major lenses through which people view and understand police shootings, but the frequency, the attributes, and even the validity of the concept are ill-understood. 

There are indeed documented cases of people intentionally getting police to shoot them. In some instances, these people tell family members beforehand. Some leave suicide notes or tell 911 dispatchers what they’re about to do. But in most cases, the situation is less clear-cut, leading to a broader use of the label. 

The Observer analyzed media reports of 100 incidents from the past 20 years that involved the ubiquitous but poorly defined theory. These included cases in which someone was shot and killed by police and cases in which someone was arrested or died by suicide after reportedly attempting or threatening suicide by cop. In the majority of cases, police are the ones using the label, and they’re not always clear about why they think it applies. In some cases, police say the victim told officers to shoot or had told dispatchers that they were suicidal—but not always. 

In several cases, the theory was actually used as a defense strategy when a trial followed an altercation with police. If a person shoots at an officer in an attempt to get the officer to shoot back, that could convince a jury that a shooting wasn’t attempted murder but, rather, attempted suicide. On the flip side, officers may have an easier time justifying a shooting if they can argue they were forced into it. 

The reported instances stemmed both from mental health calls and from reports of crimes. Williams’ shooting, which was never logged as a mental health call, took place while the Austin City Council debated and later approved the city budget, which included more than $1 million allocated to restructuring the local emergency dispatch, separating it from APD. (In Williams’ case, the 911 operator asked if the caller needed police, fire, EMS, or mental health services, and he answered “police.”) 

Austin has had a dedicated mental health police unit since 1999, which trains officers to respond to mental health calls; some cities have moved away from police responses in these cases, though this model can struggle for lack of funding. 

In more than a third of the analyzed cases, news stories confirmed the person had a gun. In several cases, the weapon was actually a replica or BB gun, or the police misidentified something like a water bottle. 

There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.  

“Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review.

The term was reportedly coined by a police officer-turned-psychologist in the 1980s, and in the two decades following, several studies purported to further refine the concept. These researchers determined that anywhere between 10 percent and a third of police shootings each year were actually suicides by cop. But, in 2026, there is no national database that tracks this highly subjective label. 

In a 2014 bulletin, the FBI defined suicide by cop as “a situation where individuals deliberately place themselves or others at grave risk in a manner that compels the use of deadly force by police officers.” The various studies try to identify characteristics of suicides by cop: Someone seems to intentionally seek out danger, they have or appear to have a weapon, or they escalate the situation when police arrive.

But all those characteristics could be at play in any police shooting where the victim didn’t want or intend to die. So police end up making the determination of someone’s suicidality, which mental health professionals note is tricky. In a 2020 article published in a journal by the American Psychiatric Association, the authors write: “When evaluating a patient, it is impossible to predict whether that person will take his or her own life.”

Until recently, training for how to deal with a potential suicide by cop incident didn’t exist. In 2019, the national Police Executive Research Forum (PERF) created the first training guide on the subject, with the imperative: “Responding to a possible SBC call: Your goal is to resolve it so that everyone goes home safely.”

Officers are instructed to take cover, “make small requests” rather than “bark[ing] orders,” refrain from pointing their guns, and be patient. 

Chuck Wexler, executive director of PERF, told the Observer that even after decades of hearing the term suicide by cop, he wasn’t clear on what it meant. After researching the theory and publishing the guidelines, he said the goal of using the label is to “prevent tragedies” and better understand police shootings.

“The term that we use is to explain the set of circumstances, but in no way to diminish the tragedy,” Wexler said.

After Williams’ death, protesters—including his school friends and his father—interrupted a city council meeting, rallied outside city hall, and entered the Travis County District Attorney’s Office, where they chanted: “Jail killer cops.”  

To reporters, 16-year-old former classmate Ameer Alogaili emphasized how he’ll remember his friend: “a little kid at a park” who could always “put a smile on everybody’s face.""

The entire story can be read at:

QUOTE OF THE DAY: "Moore  (Chas Moore, founder of the Austin Justice Coalition)  added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

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

PASSAGE OF THE DAY: "There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.   “Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review."

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

STORY: ''Suicide by cop': How a poorly defined term shifts accountability for lost lives," by Michelle Pitcher, published by The Texas Observer, on August 19, 2026.  (Michelle Pitcher (is a staff writer at the Texas Observer covering criminal justice. She received her master’s in journalism from the University of California, Berkeley and was part of the team at The Marshall Project that won the Pulitzer Prize for national reporting. Her reporting has been featured on NPR, FiveThirtyEight, The Dallas Morning News, and more. Michelle was born and raised in Dallas and is now based in Austin.)

SUB-HEADING: Austin officers killed an unarmed  17-year-old at a park last month in what the chief swiftly deemed "suicide by police. Some call the concept a type of junk science."

GIST: "In the early hours of July 24, someone placed a call to Austin’s 911 dispatch. The male caller told the operator he was looking out of his window and saw a teenager who may have had a gun. He wasn’t certain it was a weapon, but the person was “messing with his waistband,” the caller said. He gave the address of a community park in northeast Austin, one with a playground and a basketball court. 

When police arrived only minutes later, the only person there was 17-year-old Anthoneil Williams II, a sociable, upbeat teenager, one who had never gotten in trouble with the police before. In body camera and surveillance footage of the incident, he appears to lift up his shirt and reach for his waistband. 

The three responding officers all pulled their triggers—not just once, but enough times for at least two officers to empty their chambers and reload. They kept firing after Williams had already hit the ground. Austin-Travis County Emergency Medical Services was called to the scene after officers determined no one else was around, but Williams died on that playground at 4:25 a.m. 

Afterward, the officers discovered there was no gun in Williams’ waistband—only a water bottle. They also found that Williams had placed the call.

Almost immediately following the shooting, Austin Police Chief Lisa Davis—who’s held the job since 2024—said, “All points are indicating that this was a suicide by police.” 

That didn’t sit well with people who knew Williams or with some in the community. Cluren Williams (no relation), an activist whose own brother was shot by APD in 2017, called the characterization “irresponsible” and “dehumanizing.”

Chas Moore, founder of the Austin Justice Coalition, told the Texas Observer: “I just can’t believe that a 17-year-old Black boy had somehow become privy to a world of ‘suicide by cop.’”

Moore added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

The label “suicide by cop” is divisive. It’s a term that shifts the blame for a police shooting to the victim and insulates police from liability—and one that can fundamentally alter how officers respond to an emergency call. It’s become one of the major lenses through which people view and understand police shootings, but the frequency, the attributes, and even the validity of the concept are ill-understood. 

There are indeed documented cases of people intentionally getting police to shoot them. In some instances, these people tell family members beforehand. Some leave suicide notes or tell 911 dispatchers what they’re about to do. But in most cases, the situation is less clear-cut, leading to a broader use of the label. 

The Observer analyzed media reports of 100 incidents from the past 20 years that involved the ubiquitous but poorly defined theory. These included cases in which someone was shot and killed by police and cases in which someone was arrested or died by suicide after reportedly attempting or threatening suicide by cop. In the majority of cases, police are the ones using the label, and they’re not always clear about why they think it applies. In some cases, police say the victim told officers to shoot or had told dispatchers that they were suicidal—but not always. 

In several cases, the theory was actually used as a defense strategy when a trial followed an altercation with police. If a person shoots at an officer in an attempt to get the officer to shoot back, that could convince a jury that a shooting wasn’t attempted murder but, rather, attempted suicide. On the flip side, officers may have an easier time justifying a shooting if they can argue they were forced into it. 

The reported instances stemmed both from mental health calls and from reports of crimes. Williams’ shooting, which was never logged as a mental health call, took place while the Austin City Council debated and later approved the city budget, which included more than $1 million allocated to restructuring the local emergency dispatch, separating it from APD. (In Williams’ case, the 911 operator asked if the caller needed police, fire, EMS, or mental health services, and he answered “police.”) 

Austin has had a dedicated mental health police unit since 1999, which trains officers to respond to mental health calls; some cities have moved away from police responses in these cases, though this model can struggle for lack of funding. 

In more than a third of the analyzed cases, news stories confirmed the person had a gun. In several cases, the weapon was actually a replica or BB gun, or the police misidentified something like a water bottle. 

There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.  

“Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review.

The term was reportedly coined by a police officer-turned-psychologist in the 1980s, and in the two decades following, several studies purported to further refine the concept. These researchers determined that anywhere between 10 percent and a third of police shootings each year were actually suicides by cop. But, in 2026, there is no national database that tracks this highly subjective label. 

In a 2014 bulletin, the FBI defined suicide by cop as “a situation where individuals deliberately place themselves or others at grave risk in a manner that compels the use of deadly force by police officers.” The various studies try to identify characteristics of suicides by cop: Someone seems to intentionally seek out danger, they have or appear to have a weapon, or they escalate the situation when police arrive.

But all those characteristics could be at play in any police shooting where the victim didn’t want or intend to die. So police end up making the determination of someone’s suicidality, which mental health professionals note is tricky. In a 2020 article published in a journal by the American Psychiatric Association, the authors write: “When evaluating a patient, it is impossible to predict whether that person will take his or her own life.”

Until recently, training for how to deal with a potential suicide by cop incident didn’t exist. In 2019, the national Police Executive Research Forum (PERF) created the first training guide on the subject, with the imperative: “Responding to a possible SBC call: Your goal is to resolve it so that everyone goes home safely.”

Officers are instructed to take cover, “make small requests” rather than “bark[ing] orders,” refrain from pointing their guns, and be patient. 

Chuck Wexler, executive director of PERF, told the Observer that even after decades of hearing the term suicide by cop, he wasn’t clear on what it meant. After researching the theory and publishing the guidelines, he said the goal of using the label is to “prevent tragedies” and better understand police shootings.

“The term that we use is to explain the set of circumstances, but in no way to diminish the tragedy,” Wexler said.

After Williams’ death, protesters—including his school friends and his father—interrupted a city council meeting, rallied outside city hall, and entered the Travis County District Attorney’s Office, where they chanted: “Jail killer cops.”  

To reporters, 16-year-old former classmate Ameer Alogaili emphasized how he’ll remember his friend: “a little kid at a park” who could always “put a smile on everybody’s face.""

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;



PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;

Tuesday, August 25, 2026

25 August 2026: Tyrone Noling: Ohio: From our 'Step in the right direction' department: NBC New Senior Reporter Corky Siemaszko reports that the Ohio Parole Board says death row inmate Tyrone Noling should have his sentence commuted to life - and that now the fate of the convicted double murderer, whose case has garnered support from Kim Kardashian and other celebrities, is in the hands of Gov. Mike DeWine, noting that “We are encouraged that the Parole Board has taken a step towards recognizing the gross injustice Tyrone Noling has endured for decades,” said Brian Howe of the Ohio Innocence Project, one of Noling’s attorneys. “We hope Gov. DeWine will pardon Tyrone and allow an innocent man to go home at last.” DeWine has the power to pardon Noling, but he can also reduce his sentence or stay the execution to provide more time to pursue a legal remedy."


QUOTE OF THE DAY:  “We are encouraged that the Parole Board has taken a step towards recognizing the gross injustice Tyrone Noling has endured for decades,” said Brian Howe of the Ohio Innocence Project, one of Noling’s attorneys. “We hope Gov. DeWine will pardon Tyrone and allow an innocent man to go home at last.” DeWine has the power to pardon Noling, but he can also reduce his sentence or stay the execution to provide more time to pursue a legal remedy."

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

PASSAGE OF THE DAY: "Prosecutors, however, have insisted that Noling is an unrepentant killer who at age 18 was part of a gang that did a string of robberies in Portage County, where he gunned down Bearnhardt and Cora Hartig, both 81, on April 5, 1990, inside their home in Atwater Township. Bearnhardt Hartig was shot three times and his wife five times with a .25-caliber automatic handgun. Their house had been ransacked. Noling was convicted on the strength of testimony from three other members of the gang who were 14, 15 and 16 at the time. They later retracted their statements, saying that police pressured them to name Noling as the shooter."

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PASSAGE TWO OF THE DAY: "Noling was sentenced to death in 1996, even though no physical evidence tied him to the crime and no murder weapon was ever found. While Noling languished on death row, the Innocence Project lawyers uncovered law enforcement notes that pointed to three other potential suspects, including Dan Wilson, who was executed by lethal injection in Ohio in 2009 for the 1991 murder of a young woman.  The Ohio Innocence Project lawyers wrote in court documents that the accused man’s original defense team was not aware, during his murder trial, that Wilson’s foster brother had told police that Wilson had bragged about killing the Hartigs. Also, Noling’s defense attorneys were aware that DNA testing on a cigarette butt found by detectives on the Hartigs’ driveway did not place Noling — or any of the three other teens — at the scene at the time.  But they weren’t aware of a June 1991 blood-typing lab report that concluded that the cigarette could have been smoked by somebody like Wilson."

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

PASSAGE THREE OF THE DAY: "Noling also got a boost from former Portage County Sheriff Ken Howe, now 83, whose department spent over two years reviewing the case but refused to hand it over to prosecutors because no weapon or physical evidence linked Noling and the other teenagers to the crime. It was the local prosecuting attorney and his investigators who secured the grand jury indictment against Noling. In an interview with The Associated Press, Howe said that there were red flags when police were investigating Noling for the slayings and the evidence that has accumulated since then has convinced him that neither Noling nor the other members of the alleged robbery gang were involved in the double murder. “I believe that these boys were, and are, innocent,” he said."

____________________________

STORY: "Ohio Parole Board says death row inmate Tyrone Noling should have his sentence commuted to life," by Senior NBC News Digital Reporter  Corky Siemaszko, published by NBC News, on August 25, 2026. 


SUB-HEADING: "Now the fate of the convicted double murderer, whose case has garnered support from Kim Kardashian and other celebrities, is in the hands of Gov. Mike DeWine."


GIST: "The Ohio Parole Board recommended Tuesday that a prisoner who has spent 30 years on death row for two murders he says he did not commit should have his sentence commuted to life in prison with the possibility of parole as early as 2029.

The recommendation landed on Gov. Mike DeWine’s desk a week after Tyrone Noling asked the board for a full pardon.

Now the fate of the 54-year-old Noling, whose bid for exoneration has garnered celebrity support from Kim Kardashian and actors Hilarie Burton and Jeffrey Dean Morgan, is in the hands of an outgoing Republican governor who, as a state senator, co-sponsored the legislation that reinstated capital punishment in Ohio in 1981.

Since then, DeWine has had a change of heart, and in June he called on lawmakers to eliminate the death penalty, saying “the moral justification I had for voting for the death penalty simply no longer exists.”

“We are encouraged that the Parole Board has taken a step towards recognizing the gross injustice Tyrone Noling has endured for decades,” said Brian Howe of the Ohio Innocence Project, one of Noling’s attorneys. “We hope Gov. DeWine will pardon Tyrone and allow an innocent man to go home at last.”

DeWine has the power to pardon Noling, but he can also reduce his sentence or stay the execution to provide more time to pursue a legal remedy.

One of the eight parole board members who took part in this case, former prosecutor Shontell Walker, was in favor of granting Noling a pardon, according to the board’s recommendation. Five were in favor of commuting his sentence and two were opposed.

Noling, whose case has been the subject of documentaries and true-crime podcasts, has said he won’t accept a commutation of his sentence to life without parole.

Typically, death row inmates aren’t allowed clemency hearings until they have an execution date. Noling doesn’t have one. And during his appearance before the parole board, his lawyers argued that he had nothing to do with the murders of an elderly couple.

Prosecutors, however, have insisted that Noling is an unrepentant killer who at age 18 was part of a gang that did a string of robberies in Portage County, where he gunned down Bearnhardt and Cora Hartig, both 81, on April 5, 1990, inside their home in Atwater Township.

Bearnhardt Hartig was shot three times and his wife five times with a .25-caliber automatic handgun. Their house had been ransacked.

Noling was convicted on the strength of testimony from three other members of the gang who were 14, 15 and 16 at the time. They later retracted their statements, saying that police pressured them to name Noling as the shooter.

While aggravated burglary charges brought against Noling were dropped in 1992, a grand jury reindicted him in 1995 for the Hartig murders.

Noling was sentenced to death in 1996, even though no physical evidence tied him to the crime and no murder weapon was ever found.

While Noling languished on death row, the Innocence Project lawyers uncovered law enforcement notes that pointed to three other potential suspects, including Dan Wilson, who was executed by lethal injection in Ohio in 2009 for the 1991 murder of a young woman.

The Ohio Innocence Project lawyers wrote in court documents that the accused man’s original defense team was not aware, during his murder trial, that Wilson’s foster brother had told police that Wilson had bragged about killing the Hartigs.

Also, Noling’s defense attorneys were aware that DNA testing on a cigarette butt found by detectives on the Hartigs’ driveway did not place Noling — or any of the three other teens — at the scene at the time.

But they weren’t aware of a June 1991 blood-typing lab report that concluded that the cigarette could have been smoked by somebody like Wilson.

Noling also got a boost from former Portage County Sheriff Ken Howe, now 83, whose department spent over two years reviewing the case but refused to hand it over to prosecutors because no weapon or physical evidence linked Noling and the other teenagers to the crime.

It was the local prosecuting attorney and his investigators who secured the grand jury indictment against Noling.

In an interview with The Associated Press, Howe said that there were red flags when police were investigating Noling for the slayings and the evidence that has accumulated since then has convinced him that neither Noling nor the other members of the alleged robbery gang were involved in the double murder.

“I believe that these boys were, and are, innocent,” he said."


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;

25 August: Alan Hall: New Zealand: Feisty New Zealand commentator Martyn Bradbury, on "The tragedy of the Alan Hall miscarriage of justice,: noting that: "A new report outlines how evidence of Alan Hall’s wrongful conviction was known to Crown lawyers and police for years, but officials did nothing. Hall was convicted of murdering Arthur Easton in 1985, and spent more than 19 years in prison. He was finally acquitted by the Supreme Court last year. In the wake of this, the Solicitor-General ordered an investigationinto the Crown’s role in Hall’s case. The review, by Wellington lawyer Nicolette Levy, KC, was completed in November, but a heavily redacted version was only been released on Friday. It details how Crown Law, which oversees all prosecutions in New Zealand and handles appeals, was sent detailed information by former Newshub journalist Mike Wesley-Smith in 2018, and again in 2020. The information showed crucial witness evidence had been deliberately altered and withheld by police and the prosecution during Hall’s trial and appeal."



BACKGROUND: WIKIPEDIA:  "There was no evidence linking Alan Hall to the scene of the crime. At the trial the police suppressed testimony from Easton's children that the intruder was Māori and failed to call a witness who said he saw a Māori man running away from the house. The police altered the written statement from this witness leaving out the reported ethnicity from the statement, while adding other erroneous incriminating information about Alan Hall into the statement. Police failed to disclose to the defence information about another suspect.   Aged 23, Hall was found guilty and given a life sentence. He was released on parole after nine years, but was recalled in 2012 after breaching one of his parole conditions. He was released again in March 2022. He spent 19 years in prison overall. The Supreme Court of New Zealand acknowledged a substantial miscarriage of justice had occurred and overturned his conviction on 8 June 2022.  In 2024, two police officers and a prosecutor were charged with perverting the course of justice, and a reward of $100,000 was offered for information leading to the conviction of the real murderer."

Wrongful_conviction_of_Alan_Hall

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PASSAGE. OF THE  DAY: Quoted by Martyn Bradbury from 'Stuff" (A popular New Zealand news and media company: "Anyone reading the Alan Hall case would be shocked at the blatant framing of him for this crime. You honestly get the perception after reading the reports that the cops simply rounded up the most vulnerable person near the crime and bullied him into answers that were used to frame him while withholding evidence that proved he didn’t do it. They knew Alan couldn’t have committed the crime, but the simply framed him anyway because their interrogation techniques are manipulative and have little to do with catching the actual criminal and more to do with simply finding a prosecution. With the recent litany of miscarriage of justice cases, seeing the inside of a corrupted police interrogation process happening in real time now suggests the Police have learned NOTHING from the mistakes and failures of the past, which is what we have been promised every time one of these miscarriages of justice get exposed."

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POST" "The tragedy of the Alan Hall miscarriage of justice, by  Feist liberal commentator  Martyn Bradbury, published on his  feisty, liberal '" Daily Blog" on August 16,  2026. ("
TDB  (The Daily Blog" is the largest Left Wing Blog in NZ and we have been operating for 13 years. We get zero funding from NZonAir and we don’t have no rich backers.)

GIST: "Two elderly retired cops who were excoriated by the Supreme Court in 2022 – accused of either ineptitude or corruption for their help getting Alan Hall wrongly convicted of murder decades earlier – have been found not guilty of attempting to pervert the course of justice.

The defendants, who continue to have interim name suppression, sat in the dock at the High Court at Auckland today as Justice Ian Gault announced his reserved decision nearly a month and a half after their trial began.

In a 127-page judgment issued later in the day that outlined his reasoning, the judge acknowledged that the non-disclosure of a witness statement at Hall’s 1986 trial “had the tendency to prevent a court from doing justice”. He also noted that a third party not on trial “may have made a (serious) mistake”.

But it was “largely speculative” to assume the two defendants on trial knew their actions would lead to the miscarriage of justice, he surmised.

I’m not surprised by this result.

It focused on an isolated part of this terrible miscarriage of justice and only serves to highlight how very damaged our Court system is.

It was never about how eye witnesses mistook someone for Māori and Police never passing those details along, it was far more damaging than that.

The report released in 2023 was incredibly damning not just of the Police who framed Allan, but the entire judicial system…

A new report outlines how evidence of Alan Hall’s wrongful conviction was known to Crown lawyers and police for years, but officials did nothing.

Hall was convicted of murdering Arthur Easton in 1985, and spent more than 19 years in prison. He was finally acquitted by the Supreme Court last year.

In the wake of this, the Solicitor-General ordered an investigationinto the Crown’s role in Hall’s case.

The review, by Wellington lawyer Nicolette Levy, KC, was completed in November, but a heavily redacted version was only been released on Friday.

It details how Crown Law, which oversees all prosecutions in New Zealand and handles appeals, was sent detailed information by former Newshub journalist Mike Wesley-Smith in 2018, and again in 2020. The information showed crucial witness evidence had been deliberately altered and withheld by police and the prosecution during Hall’s trial and appeal.

Stuff: (A popular New Zealand news and media company): 


…they knew they had framed an innocent man and no one in the system lifted a finger!

It is an obscenity that became an abomination.

Anyone reading the Alan Hall case would be shocked at the blatant framing of him for this crime.

You honestly get the perception after reading the reports that the cops simply rounded up the most vulnerable person near the crime and bullied him into answers that were used to frame him while withholding evidence that proved he didn’t do it.

They knew Alan couldn’t have committed the crime, but the simply framed him anyway because their interrogation techniques are manipulative and have little to do with catching the actual criminal and more to do with simply finding a prosecution.

With the recent litany of miscarriage of justice cases, seeing the inside of a corrupted police interrogation process happening in real time now suggests the Police have learned NOTHING from the mistakes and failures of the past, which is what we have been promised every time one of these miscarriages of justice get exposed.

Look at how the NZ Police bullied false confessions out of people in the Lois Tolley murder case…

Police are refusing to release a review of the controversial investigation into the murder of Upper Hutt woman Lois Tolley, sparking accusations that they are covering up serious misconduct.

Tolley, 30, was shot point-blank in her home in December 2016, in what police described at the time as “an execution-type killing”.

After an extensive investigation, named Operation Archer, three men were eventually charged in 2019 with her murder.

But the charges against all three men, who have name suppression, were dropped by police last year, before the case went to trial, with a judge commenting: “There is presently really no evidence against any of them.”

…It is unacceptable in the extreme for the Police to not release this investigation into what went wrong with that case!

To have gotten prosecution this far advanced without any actual evidence because the police interrogation technique was so corrupted is gasp inducing in its conclusions…

This followed revelations that one of the accused had falsely confessed to the murder, after police used a contentious interviewing technique, the Complex Investigation Phased Engagement Model (CIPEM).

…the whole case became so tainted with the inclusion of jail house narks and unreliable witnesses that there had to be an investigation into how badly Police screwed up…

High Court Justice Simon France said the man, known as X, had been manipulated by the detectives interviewing him, who had broken numerous fundamental rules of interviewing, and X’s “confession” was flawed and not credible.

The case against the other two men collapsed for separate reasons, largely related to the unreliability of key witnesses – including a woman twice charged with perverting the course of justice, and jailhouse informants with numerous convictions for dishonesty, who told conflicting stories.

In a rare move, police subsequently appointed Auckland King’s Counsel and former Crown prosecutor Aaron Perkins to undertake “an independent review of aspects of the police inquiry”.

…the corruption of credible evidence and process was so extreme that there had to be an independent investigation into how the fuck it got this far.

Turns out we won’t be allowed to know because the Police are now refusing to release the report…

However, police refused to release the terms of reference for Perkins’ review, making it unclear which parts of the failed investigation were being looked at and whether he was considering why the case collapsed against all three defendants, or just X.

Perkins’ review was completed in August.

But police are now refusing to release the report, or even a summary of its findings, saying it is “confidential and legally privileged”.

…unbelievable!

Yet it manages to get worse!

The defence lawyers of the men falsely set up using jailhouse snitch ‘evidence’ and this weird Complex Investigation Phased Engagement Model (CIPEM) have all complained about tactics used by Police that are absolutely outside the law, like with holding evidence that proves their client innocent!

Wintour said that during the investigation, police deliberately hid material from him until the last minute that suggested his client wasn’t involved in the murder.

Yet it manages to get worse!

The refusal to release the report follows continued efforts by police to withhold material relating to the Lois Tolley investigation and the CIPEM interviewing method.

Stuff has twice been forced to get court judgments in order to obtain access to relevant documents.

It also comes after the retirement of the country’s top investigatorand architect of CIPEM, Detective Superintendent Tom Fitzgerald, earlier this month.

Fitzgerald was closely involved with the interviews of X, but he insisted CIPEM wasn’t to blame for mistakes made by the interviewing detectives and said his retirement had nothing to do with scrutiny of the technique.

So the model being used allows Detectives to lie, bully and manipulate false confessions and the Detective Superintendent who created this model used in the Lois Tolley case, originally claimed the Detectives misused the model and it had nothing to do with him, when it turns out that wasn’t true and that he was actually monitoring the interview from a seperate room and was advising during the interview.

Yet it manages to get worse!

Detective Superintendent Tom Fitzgerald also was responsible for that other great questionable miscarriage of justice case, the murder of Olivia Hope and Ben Smart.

Based on what we currently have in front of us with that case and the recent miscarriages of justice cases of Peter Ellis, Teina Pora, David Lyttle, Mauha Fawcett David Doughty, David Tamihere and Alan Hall you get a terrible feeling that Police are not following the evidence in case, but are merely rounding up the most vulnerable suspects and bullying confessions out of them or twisting the evidence to fit the crime.

What is being exposed here is a rotten process that reeks of a cultural corruption. I once thought that maybe as much as 5% of the prison population might be innocent, after looking at what has been starkly revealed in this police interrogation process, I think that number might be closer to 30% of the prison population being innocent.

Every time we catch the NZ Police out using deeply controversial interview techniques, they promise they won’t ever do it again, and then we catch them doing it again!

Look, none of us will understand the pressure to catch someone for a terrible crime, that is a unique pressure on Police and Detectives, but if all they are doing is framing people for crimes they didn’t commit just to get closure on cases, that is not justice.

That is an abomination!

The entire story can be read at: 

https://thedailyblog.co.nz/the-tragedy-of-the-allan-hall-miscarriage-of-justice/?fbclid=IwZnRzaATwpeBwZG9mAWZkaWQWUMuXxGfI4HFBrSqpgEs5PZb6KTp9vWV4dG4DYWVtAjExAHNydGMGYXBwX2lkCjY2Mjg1NjgzNzkAAR4GF21euQH_5Ef70VRV90QE92CKWh0l86tZdttr-21JnSt5LjeA0vOTQaChSw_aem_QOr4ZtAYgRGAB4NFL1O0RQ


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, August 24, 2026

August 24: Tyrone Noling: Death Row: Ohio: On Tuesday, Aug. 18, the now 54-year-old appeared before the Ohio Parole Board to argue for a full pardon in a clemency hearing, the first for an Ohio death row inmate since 2020. A decision could come as early as today (August 24), WSYX (Multi-media and News Reporter Brea Spencer reports, noting that: "Noling has adamantly insisted that he did not commit the crime and with the support of the Ohio Innocence Project, he collected evidence that potentially proves he was not responsible. Death row inmates typically are not granted clemency hearings until they have an execution date, Noling does not have one set. According to the Associated Press, some of the evidence gathered includes recanted witness testimony, changed stances by the sheriff and one of the jurors at his trial, and information that points to another possible perpetrator — Dan Wilson, who was executed by lethal injection in Ohio in 2009 for a different crime."


QUOTE OF THE DAY: "Former Portage County Sheriff Ken Howe testified on Noling’s behalf at the clemency hearing. Howe said there were red flags at the time and that evidence that has accumulated has now convinced him to support Noling.  “I believe that these boys were, and are, innocent,” Howe said in an interview with Associated Press. Nolings case has drawn national attention and been featured in documentaries and true-crime podcasts."

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PASSAGE OF THE DAY: "No physical evidence tied Noling to the crime and no murder weapon was ever found.  It is speculated that law enforcement notes and a cigarette butt found in the Hartigs’ driveway point to two other potential suspects. One of those being Wilson, who was also allegedly heard bragging about committing the crime. In 2017, Noling unsuccessfully attempted to appeal the ruling by requesting DNA testing of the cigarette butt and other evidence from the crime scene."

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PASSAGE TWO OF THE DAY: "Noling is seeking release from prison and has said he would not accept a commutation to life without parole for a crime he didn’t commit."

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STORY: "Ohio death row inmate seeks full pardon in 30-year-old murder case," by Multi-media journalist and News Reporter  Brea Spencer, published by WSYX, on August 23, 2026.

GIST: "30 years ago Tyrone Noling was convicted for the 1990 double murder of 81-year-old Bearnhardt and Cora Hartig at their home in Portage County and has been on Ohio's death row ever since.

On Tuesday, Aug. 18, the now 54-year-old appeared before the Ohio Parole Board to argue for a full pardon in a clemency hearing, the first for an Ohio death row inmate since 2020.

Noling has adamantly insisted that he did not commit the crime and with the support of the Ohio Innocence Project, he collected evidence that potentially proves he was not responsible.

Death row inmates typically are not granted clemency hearings until they have an execution date, Noling does not have one set.

According to the Associated Press, some of the evidence gathered includes recanted witness testimony, changed stances by the sheriff and one of the jurors at his trial, and information that points to another possible perpetrator — Dan Wilson, who was executed by lethal injection in Ohio in 2009 for a different crime.

Noling is seeking release from prison and has said he would not accept a commutation to life without parole for a crime he didn’t commit.

On April 5, 1990, a neighbor found Bearnhardt and Cora Hartig’s bodies on the kitchen floor. The couple had both been shot multiple times with a .25-caliber automatic handgun.

At the time Noling had just turned 18 and authorities said he was part of a group that was involved in a string of home robberies of elderly couples. Three others in the group, also teens, implicated Noling in the murders but later retracted their statements, expressing that they were pressured by police to name him as the shooter.

A grand jury indicted Noling in 1995 for the Hartig murders after initially dropping aggravated burglary charges in 1992. He was eventually sentenced to death in 1996.

No physical evidence tied Noling to the crime and no murder weapon was ever found.

It is speculated that law enforcement notes and a cigarette butt found in the Hartigs’ driveway point to two other potential suspects. One of those being Wilson, who was also allegedly heard bragging about committing the crime.

In 2017, Noling unsuccessfully attempted to appeal the ruling by requesting DNA testing of the cigarette butt and other evidence from the crime scene.

Former Portage County Sheriff Ken Howe testified on Noling’s behalf at the clemency hearing. Howe said there were red flags at the time and that evidence that has accumulated has now convinced him to support Noling.

“I believe that these boys were, and are, innocent,” Howe said in an interview with Associated Press.

Nolings case has drawn national attention and been featured in documentaries and true-crime podcasts.

The parole board is expected to deliberate and deliver a recommendation to Gov. Mike DeWine by Aug. 25.

The entire story can be read at:

https://abc6onyourside.com/news/local/ohio-death-row-inmate-seeks-full-pardon-citing-new-evidence-in-30-year-old-case-tyrone-noling-bearnhardt-cora-hartig-portage-county-parole-clemency-hearing-grand-jury-evidence

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;

August 24: Mr. Big Operations or 'cess-pools of deception' as I prefer to call them, are used by police to lure unsuspecting suspects into fake scenarios (often with theatrical dimensions) in order to elicit confessions from suspects.. They have come under a blistering attack in Law 360, one of my favourite legal publications) by Timothy Moore, professor emeritus, at the Department of Psychology, Glendon College (My college! HL) - a well-known researcher and international authority in the use and abuse of psychology in the criminal justice system, (with whom I enjoy lunch every few years) , who concludes: "There is no disputing that undercover procedures can (and have) lead to conviction of persons who would otherwise have probably gotten away with murder. But these procedures come with a price. Their inventiveness is also their downside. The costs include false confessions, wrongful convictions and shattered lives."..."One such example: Alan Smith was a suspect in a decades-old murder case near Oshawa, Ont. He was engaged in disposing of the body of a rival drug dealer whom Mr. Big had purportedly robbed and shot. (The body was a mannequin wrapped in a tarpaulin.) Smith was petrified. The Mr. Big operatives believed that his terror would encourage him to confess to his own culpability. It didn’t. Justice Glass found his statements to have been “tremendously varying and contradictory.” In acquitting him, he also found an abuse of process."



PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’ As  all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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PASSAGE OF THE DAY: "Fake inmates are selected to be similar in age and race to the suspect. Sometimes there are two or more pretend prisoners. Questions are persistent and unremitting, not unlike those in Reid-like interrogations, but they are not hostile or accusatory. Fake inmates are often empathetic. They work hard at establishing a trusting relationship. They may express a wish to help (i.e., “Tell me about what you did. I can help you frame it in a way that will produce the least blameworthy outcome”). Sometimes the suspect learns authentic forensic details that were divulged, wittingly or not, by the cellmates. If such holdback information is subsequently mentioned by the suspect, it can appear highly incriminating. Confessions arising from POs are rarely suppressed or excluded because they are not perceived as having violated a suspect’s constitutional rights."

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PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects are to widely used interrogation methods  such as  the notorious ‘Reid Technique’ and the 'Mr. Big' police operation. As  all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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ANOTHER EXAMPLE OF POLICE THEATRIC PRODUCTIONS GONE WRONG: "Hundreds of Mr. Big operations were conducted nationwide prior to the Hart decision. Some entailed extraordinarily elaborate and violent staged murders. Jason Dix witnessed what he believed to have been a drug dealer shot at point-blank range with a sawed-off shotgun. Shortly after learning that the RCMP had interviewed his 4-year-old son, Dix became depressed and attempted suicide. The lead prosecutor planned to use the suicide attempt as circumstantial evidence at trial of consciousness of guilt on the part of the accused."

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COMMENTARY: "Mr. Big investigations: Variations of deception in undercover operations," by Timothy Moore, published by Law360, on August 7, 2026. (Timothy Moore is professor emeritus, Department of Psychology, Glendon College, York University."

GIST: In March 1986, Lloyd Perkins was in jail in central Illinois. He disclosed to a fellow inmate (Donald Charlton) that he had murdered somebody in St. Louis a couple of years earlier. Charlton told the police. The police investigated. When they located Perkins, he was in a different jail for an unrelated crime.

An undercover police officer, pretending to be another prisoner, befriended him. Over time Perkins provided a detailed account of the murder. At his trial the confession was excluded on the grounds that there had been no Miranda warning. The appellate court concurred. In 1990, the U.S. Supreme Court reversed the lower courts’ decisions, arguing that a Miranda warning was unnecessary because the suspect had not been communicating with a person presumed to possess any legal authority.

The court said, “Miranda was not meant to protect suspects from boasting about their criminal activities in front of persons whom they believe to be their cellmates” (Illinois v. Perkins, 496 U.S. 292, 294, 110 S. Ct. 2394, 110 L. Ed. 2d 243 (1990) para. 298).

On April 15, 1987, Neil Hebert was arrested in Whitehorse for having committed a robbery in the Klondike Inn three months earlier. He contacted counsel and declined to give a statement. He was then placed in a cell with an RCMP officer (Daun Miller) masquerading as another suspect under arrest. During the ensuing conversation, Hebert made self-incriminating statements about the earlier robbery. At trial those statements were ruled inadmissible. The Court of Appeal ordered a new trial. The accused appealed to the Supreme Court, which declared that “the scope of the right [to silence] must extend to exclude tricks which would effectively deprive the suspect of this choice” (R. v. Hebert, [1990] 2 S.C.R. 151, para. 66).

These two decisions were released within a few days of one another in June 1990. Not only did the judgments starkly diverge, but each in its own way had a profound influence on subsequent legal proceedings and police practices. Perkins-like operations (POs), for example, proliferated. They became carefully orchestrated and stage-managed.

Fake inmates are selected to be similar in age and race to the suspect. Sometimes there are two or more pretend prisoners. Questions are persistent and unremitting, not unlike those in Reid-like interrogations, but they are not hostile or accusatory. Fake inmates are often empathetic. They work hard at establishing a trusting relationship. They may express a wish to help (i.e., “Tell me about what you did. I can help you frame it in a way that will produce the least blameworthy outcome”). Sometimes the suspect learns authentic forensic details that were divulged, wittingly or not, by the cellmates. If such holdback information is subsequently mentioned by the suspect, it can appear highly incriminating. Confessions arising from POs are rarely suppressed or excluded because they are not perceived as having violated a suspect’s constitutional rights.

In Canada, post-Hebert, undercover operations such as the Mr. Big procedure increased in frequency. In Hebert, Justice Beverley McLachlin had stipulated that the right to silence “applies only after detention.… In an undercover operation prior to detention, the individual from whom information is sought is not in the control of the state. There is no need to protect him from the greater power of the state.” In 1990, Mr. Big operations were not on the judicial radar. As Justice Michael Moldaver observed in Hart, 24 years later, “At present … these operations are conducted in a legal vacuum” (R. v. Hart, 2014 SCC 52, para. 79).

In 2004, Nelson Hart was engaged in an RCMP-orchestrated Mr. Big operation that lasted four months. The gang involved him in various criminal activities including smuggling alcohol and stolen credit cards. He was well paid. As a result, his life was transformed. He was lifted out of poverty and into a lifestyle of relative opulence. He travelled to cities across Canada. He stayed in fine hotels and dined in high-end restaurants. He was in regular contact with the undercover officers, whom he perceived to be his best friends and “true brothers.” He actually professed his love for them.

When Mr. Big asked him why he had killed his daughters, Hart said the drownings were an accident, but Mr. Big didn’t believe him. Mr. Big accused him of lying. Hart then capitulated and admitted to killing his daughters by pushing them into the lake. Two days later, Hart took undercover agents to the scene of the drownings where he re-enacted the crime. The reenactment differed from the narrative contained in his previous confession to Mr. Big. Hart was nevertheless arrested and charged with murder. His self-incriminating statements were admitted into evidence. The jury convicted him of first-degree murder in March 2007.

Was Nelson Hart under “state control” when he confessed to Mr. Big? He had not been detained. He wasn’t under arrest. He hadn’t been communicating with a “person in authority.” Was he under state control? The Court of Appeal thought so. As Chief Justice Green stated: “If anyone who was not in detention was ever in the control of the state it was Mr. Hart” (R. v. Hart, 2012 NLCA 61, para. 200). The SCC concurred two years later. To rectify the missing protections brought about by the Hebert decision, the Supreme Court introduced a new common law rule of evidence whereby confessions to Mr. Big would be thenceforth presumptively inadmissible. The Crown can dislodge this presumption with independent confirmatory evidence, thereby establishing a high degree of reliability.

Hundreds of Mr. Big operations were conducted nation
wide prior to the Hart decision. Some entailed extraordinarily elaborate and violent staged murders. Jason Dix witnessed what he believed to have been a drug dealer shot at point-blank range with a sawed-off shotgun. Shortly after learning that the RCMP had interviewed his 4-year-old son, Dix became depressed and attempted suicide. The lead prosecutor planned to use the suicide attempt as circumstantial evidence at trial of consciousness of guilt on the part of the accused 

Alan Smith was a suspect in a decades-old murder case near Oshawa, Ont. He was engaged in disposing of the body of a rival drug dealer whom Mr. Big had purportedly robbed and shot. (The body was a mannequin wrapped in a tarpaulin.) Smith was petrified. The Mr. Big operatives believed that his terror would encourage him to confess to his own culpability. It didn’t. Justice Glass found his statements to have been “tremendously varying and contradictory.” In acquitting him, he also found an abuse of process (R. v. Smith, 2014 ONSC 3939, para. 112).

There is no disputing that undercover procedures can (and have) led to conviction of persons who would otherwise have probably gotten away with murder. But these procedures come with a price. Their inventiveness is also their downside. The costs include false confessions, wrongful convictions and shattered lives."

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 t

Sunday, August 23, 2026

August 23: Claude Paquin: Quebec: From our 'It's about time' department: As CBC Digital Journalist Annabelle Olivier reports, wrongfully convicted of a double murder (in a case tainted by the testimony of a "well-known police informant) - and acquitted 41 years later, he has reached a multimillion dollar settlement with Montreal and the provincial government.




PUBLISHER'S NOTE: What do police informants have to do with forensic science? (I'm glad you asked). Investigative  Reporter Pamela Colloff give us  a clue when she writes - at the link below -  "I’ve wanted to write about jailhouse informants for a long time because they often appear in troubled cases in which the other evidence is weak." That's my experience as  will as a criminal lawyer and an observer of criminal justice. Given the reality that jurors - thanks to the CSI effect - are becoming more and more insistent on the need for there to be forensic evidence, it is becoming more and more common for police to rely on shady tactics such as use of police snitches, staging lineups, coercing, inducing, or creating false confessions out of thin air, procuring false eyewitness testimony or concealing exculpatory evidence. 

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BACKGROUND: (From this post):  Paquin was found guilty in 1983 of two counts of first-degree murder in connection with the deaths of Ronald Bourgouin and Sylvie Revah, a couple killed in 1978 in the Laurentians. Paquin spent 18 years in prison before being granted full parole in 2001 under strict release conditions, that remained in place for the next 23 years. In 2024, the federal justice minister ordered a retrial, saying that new information in the case showed that a "miscarriage of justice likely occurred."


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QUOTE OF THE DAY: "The lawsuit alleges police and the prosecution knew, as early as 1983, that the informant's testimony was false and that the only physical evidence allegedly linking Paquin to the crime had been fabricated or altered.  "This case is not merely a miscarriage of justice: it is the story of a stolen life, of a sentence that extended far beyond the prison walls. An existence confiscated," Paquin's lawyers argued in the lawsuit.  His lawyers also pointed to Paquin's "grim record for the longest unjustified deprivation of liberty ever documented in Quebec." 

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STORY: "Man acquitted of double murder after 40 years reaches settlement with Montreal, Quebec," by Journalist Annabelle Olivier, published by CBC News, on 000.  (Annabelle Olivier is a digital journalist at CBC Montreal. She previously worked at Global News as an online producer.)

SUB-HEADING: "Claude Paquin spent more than 4 decades fighting to prove his innocence."

 PHOTO CAPTION: "Claude Paquin was 81 years old when he was acquitted of a double murder he had long insisted he never committed. 

GIST: "Claude Paquin, a Quebec man who was wrongfully convicted of a double murder and acquitted 41 years later, has reached a mulitimillion-dollar settlement with Montreal and the provincial government.

The three parties announced the settlement in a joint statement on Friday. 

"The City of Montreal and the Attorney General of Quebec hope that this agreement — which allows all parties to avoid a long trial this fall — will help Mr. Paquin turn the page on this difficult chapter of his life," the statement reads.

Paquin was found guilty in 1983 of two counts of first-degree murder in connection with the deaths of Ronald Bourgouin and Sylvie Revah, a couple killed in 1978 in the Laurentians.

Paquin spent 18 years in prison before being granted full parole in 2001 under strict release conditions, that remained in place for the next 23 years.

In 2024, the federal justice minister ordered a retrial, saying that new information in the case showed that a "miscarriage of justice likely occurred."

Paquin, now 83, was acquitted on Nov. 6, 2024,

At the time, Paquin said his acquittal would not have been possible without the work of his lawyers who are part of Projet Innocence Québec. 

The case against Paquin relied heavily on the testimony of Bernard Provençal, a well-known police informant. But over the years, Projet Innocence Québec found evidence that raised questions about his credibility. 

'The story of a stolen life'

Paquin, represented by lawyers at Woods LLP, filed a multimillion-dollar civil lawsuit in Quebec Superior Court in May 2025 against the City of Montreal and the Attorney General of Quebec for what the suit says were failings of their agents, including Montreal police, the Sûreté du Québec, and the Quebec Crown prosecutor's office.

The lawsuit alleges police and the prosecution knew, as early as 1983, that the informant's testimony was false and that the only physical evidence allegedly linking Paquin to the crime had been fabricated or altered. 

"This case is not merely a miscarriage of justice: it is the story of a stolen life, of a sentence that extended far beyond the prison walls. An existence confiscated," Paquin's lawyers argued in the lawsuit. 

His lawyers also pointed to Paquin's "grim record for the longest unjustified deprivation of liberty ever documented in Quebec." 

The lawsuit indicates Paquin had been seeking just over $89 million in damages. However, none of the parties involved would confirm the amount, citing a confidentiality clause in the agreement.

Because the lawsuit was settled, its claims were not tested in court, and the parties said they would not make further comment."

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;