Thursday, August 27, 2026

August 27: False identification: Major (Welcome) Development: As Staff Writer Clara Harter reports in the LA Times:"In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial. He faced the possibility of a retrial, but instead opted to accept a plea deal that allowed him to be released based on time already served. He was later awarded nearly $1 million from the Victim Compensation Board of California for his wrongful imprisonment. However, his conviction remained in place. That was until Friday, when the O.C. district attorney’s office decided to set aside his guilty plea and vacate the conviction, following a review from its Conviction Integrity Unit. This unit was formed by Dist. Atty. Todd Spitzer in 2019 to review claims of wrongful conviction."


PUBLISHER'S NOTE: This Blog is interested in  false eye-witness identification issues because  wrongful identifications are at the heart of so many DNA-related exonerations in the USA and elsewhere - and because so much scientific research is being conducted with a goal to making the identification process more   transparent and reliable - and less subject to deliberate manipulation.  I have also reported far too many cases over the years - mainly cases lacking DNA evidence (or other forensic evidence pointing to the suspect - where the identification is erroneous - in spite of witness’s certainty that it is true - or where  the police pressure the witness, or rig the identification process in order to make a desired  identification inevitable. 

Harold Levy: Publisher: The Charles Smith Blog.

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QUOTE OF THE DAY: "Audrey McGinn, senior staff attorney of the Innocence Center, said she was thrilled the district attorney’s office decided to dig deeper into the case and do the right thing. “Although Guy came home in 2018, he still lived under the shadow of this wrongful conviction,” she said in a statement. “All the while, the hallmark of this case stared back at us: a flawed eyewitness identification procedure that never should have led to a conviction.'

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PASSAGE OF THE DAY: "His conviction was based in part on the false testimony of two eyewitnesses, despite the fact that five people testified Miles was in Las Vegas on the day of the crime, according to the Orange County district attorney’s office.  He was separated from his young son and spent more than 18 years incarcerated, all while maintaining his innocence."

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PASSAGE TWO OF THE DAY: "During trial, Miles presented an alibi defense that included testimony from his parents, 12-year-old son, a neighbor in Las Vegas and the manager of his Las Vegas apartment, according to the district attorney’s office. They all said Miles could not have been in Fullerton during the crime because he had picked up his son from his parents’ Carson home the night before the robbery and traveled to Vegas the following morning.  Miles also presented scientific studies on the flaws of eyewitness identifications, and collected DNA evidence didn’t match him, according to the Innocence Center. Nonetheless, a jury deliberated for five days and ultimately found Miles guilty. Years later, after the statute of limitations had expired, the three actual perpetrators — Steward, Bailey and Teamer — all confessed, according to the center.  In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial.

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PASAGE THREE  OF THE DAY: "During trial, Miles presented an alibi defense that included testimony from his parents, 12-year-old son, a neighbor in Las Vegas and the manager of his Las Vegas apartment, according to the district attorney’s office. They all said Miles could not have been in Fullerton during the crime because he had picked up his son from his parents’ Carson home the night before the robbery and traveled to Vegas the following morning.  Miles also presented scientific studies on the flaws of eyewitness identifications, and collected DNA evidence didn’t match him, according to the Innocence Center. Nonetheless, a jury deliberated for five days and ultimately found Miles guilty. Years later, after the statute of limitations had expired, the three actual perpetrators — Steward, Bailey and Teamer — all confessed, according to the center.  In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial."

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STORY: "‘I always knew the truth’: Man falsely imprisoned for 18 years exonerated of O.C. robbery," by Staff Writer  Clara Harter, published by The LA Ames, on August 22, 2026. (Clara Harter is a breaking news reporter at the Los Angeles Times. Previously, she covered politics and education for the L.A. Daily News. While at the Daily News, she published a series on fentanyl addiction that won a first-place investigative journalism award from the L.A. Press Club. Harter majored in political science and Middle Eastern studies at Columbia University. She loves surfing and, when not reporting, can most likely be found in the ocean.)
GIST "For 6,895 days, Guy Miles sat behind bars for a crime he didn’t commit.

He lost years of freedom, along with the opportunity to watch his son grow up.

But now, authorities have officially exonerated him — acknowledging his innocence in the 1998 Fullerton heist that robbed him of nearly two decades of his life.

“I always knew the truth,” Miles in a statement Friday. “I just needed the system to catch up to it.”

Miles said he was grateful the truth mattered, even after all these years, but that he wishes more than anything his dad were alive to see his name cleared.

He was originally convicted of two counts of armed robbery and a firearms charge in 1999 following the robbery of a Fidelity Financial Services office, and given a “three strikes sentence” of 75 years to life.

His conviction was based in part on the false testimony of two eyewitnesses, despite the fact that five people testified Miles was in Las Vegas on the day of the crime, according to the Orange County district attorney’s office.

He was separated from his young son and spent more than 18 years incarcerated, all while maintaining his innocence.

In 2010, he filed a habeas petition to challenge his detention with assistance from the Innocence Center, a San Diego-based nonprofit law firm dedicated to freeing people who have been wrongly convicted.

According to the center, two men — later identified as Jason Steward and Harold Bailey — pulled firearms on two Fidelity employees and demanded money in June 1998. They made off with $1,410 in cash and $4,138 in personal checks in a getaway car driven by another man, Bernard Teamer.

Police initially struggled to identify suspects, as the descriptions given were generic and a detective compiled an error-ridden photo lineup, according to the center.

“One employee identified Guy Miles from the lineup, even though there were issues with the identification process,” the center said in a statement. “The other, influenced by the detective’s statement about an arrest, also identified Guy.”


During trial, Miles presented an alibi defense that included testimony from his parents, 12-year-old son, a neighbor in Las Vegas and the manager of his Las Vegas apartment, according to the district attorney’s office. They all said Miles could not have been in Fullerton during the crime because he had picked up his son from his parents’ Carson home the night before the robbery and traveled to Vegas the following morning.

Miles also presented scientific studies on the flaws of eyewitness identifications, and collected DNA evidence didn’t match him, according to the Innocence Center. Nonetheless, a jury deliberated for five days and ultimately found Miles guilty.

Years later, after the statute of limitations had expired, the three actual perpetrators — Steward, Bailey and Teamer — all confessed, according to the center.

In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial.

He faced the possibility of a retrial, but instead opted to accept a plea deal that allowed him to be released based on time already served.

He was later awarded nearly $1 million from the Victim Compensation Board of California for his wrongful imprisonment. However, his conviction remained in place.

That was until Friday, when the O.C. district attorney’s office decided to set aside his guilty plea and vacate the conviction, following a review from its Conviction Integrity Unit. This unit was formed by Dist. Atty. Todd Spitzer in 2019 to review claims of wrongful conviction.

“Justice exists only when the quest for truth never ends,” Spitzer said in a statement Friday. “While the conviction of Guy Miles did not occur on my watch, I am proud to say that the decision to move to have it dismissed did.”

Audrey McGinn, senior staff attorney of the Innocence Center, said she was thrilled the district attorney’s office decided to dig deeper into the case and do the right thing.

“Although Guy came home in 2018, he still lived under the shadow of this wrongful conviction,” she said in a statement. “All the while, the hallmark of this case stared back at us: a flawed eyewitness identification procedure that never should have led to a conviction.''

THE ENTIRE STORY CAN BE READ AT:

https://www.latimes.com/california/story/2026-08-22/man-falsely-imprisoned-for-18-years-exonerated-of-o-c-robbery?sfmc_id=6532a03c25b3640666b1692f&utm_id=47159506&skey_id=c838168dc7288e7a8617e09d806f21e6cabd8958c3f89186ca123dd43bf5d249&utm_source=Sailthru&utm_medium=email&utm_campaign=ALERT-Email-List-%27I%20always%20knew%20the%20truth%27:%20Man%20falsely%20imprisoned%20for%2018%20years%20exonerated%20of%20O.C.%20robbery-20260822&utm_term=Alert%20-%20News%20Alerts


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;

Wednesday, August 26, 2026

August 26: Yvonne "Missy" Woods: Denver, Colorado: Major Development: The Colorado Supreme Court has ordered a judge (District Court Judge Vincente Vigil) to explain why he dismissed a child sex assault case citing" outrageous government conduct" from the CBI (Colorado Bureau of Investigation) - and former DNA analyst Missy Woods, (in short, to explain why he did not exceed his authority when dismissing the case) 9News (writer Aaron Edelson) reports, noting that, "Woods was accused of falsifying DNA data, and CBI called her work into question in 1,045 cases. She pleaded guilty to four felonies and faces a maximum of 16 years in prison. "If the scope and breadth of the Woods’ scandal does not constitute outrageous government conduct, this Court would struggle to imagine something that would. If this is not outrageous government conduct, then that doctrine may as well not exist," Vigil wrote in an Aug. 2 order dismissing the case against Eatinger."



QUOTE OF THE DAY: ""Ms. Woods chose to become a cancer within the Colorado Bureau of Investigations, and that agency chose first to ignore, then place a bandage on the tumor until it could no longer be hidden from the public view," Vigil wrote when he dismissed the case against Eatinger."

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PASSAGE OF THE DAY:  "Yvonne "Missy" Woods, once a prosecutorial rock star who testified in multiple high-profile cases, was accused of falsifying reports and taking shortcuts.  In September, 2023 a CBI intern found "DNA anomalies" in Woods' work. CBI placed Woods on administrative leave the next month, as her work was under investigation. In November 2023, Woods retired from CBI, before the investigation finished. CBI's internal investigation found "Woods omitted material facts in official criminal justice records," and "tampered with DNA testing by altering or omitting some test results from the case file." The report also found a coworker reported concerns about Woods in 2014, and that she was accused of data manipulation in 2018.  "The results of the 2018 review were not escalated to the former CBI Director or CDPS leadership," a CBI press release states.  These past allegations are prominent in the Weld County judge's order."

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STORY: "Colorado Supreme Court orders Weld County judge to explain child sex assault case dismissal," by Reporter Aaron Adelson, published by 9News , on August 26, 2026.

SUB-HEADING: "The judge dismissed the case citing "outrageous government conduct" from CBI and former DNA analyst Missy Woods."

GIST: " Colorado's highest court ordered a Weld County judge to explain why he did not exceed his authority when dismissing a child sex assault case.

Days before a trial was scheduled to begin against Daniel Eatinger, who was accused of sexually assaulting a child, Weld County District Court Judge Vincente Vigil dismissed the case. The judge cited "outrageous government conduct," by the Colorado Bureau of Investigation and CBI's former DNA analyst Yvonne "Missy" Woods.

Woods was accused of falsifying DNA data, and CBI called her work into question in 1,045 cases. She pleaded guilty to four felonies and faces a maximum of 16 years in prison.

"If the scope and breadth of the Woods’ scandal does not constitute outrageous government conduct, this Court would struggle to imagine something that would. If this is not outrageous government conduct, then that doctrine may as well not exist," Vigil wrote in an Aug. 2 order dismissing the case against Eatinger.

The Weld County District Attorney's Office asked the Colorado Supreme Court to intervene. The DA's office argued the Eatinger case was not one of the 1,000+ cases called into question. 

Prosecutors wrote they did not plan to rely on any of Woods' work, or ask her to testify in the trial. The appeal describes the dismissal as "gifted" to Eatinger, which "punishes society-and the child victim in this case."

Child sex assault case

In July 2018, Greeley Police reported a child was sexually assaulted in her bedroom.

"She went to bed and woke up to someone on top of her," an arrest affidavit states.

The child reported she did not know the person and had never met him before.

In June 2019, DNA analysis identified the suspect as Daniel Eatinger, who was then in a Florida prison.

This month, the Weld County District Attorney's Office planned to prosecute the case against Eatinger. A couple weeks before the trial was scheduled to begin, the judge dismissed the case.

Missy Woods

Yvonne "Missy" Woods, once a prosecutorial rock star who testified in multiple high-profile cases, was accused of falsifying reports and taking shortcuts.

In September, 2023 a CBI intern found "DNA anomalies" in Woods' work. CBI placed Woods on administrative leave the next month, as her work was under investigation. In November 2023, Woods retired from CBI, before the investigation finished.

CBI's internal investigation found "Woods omitted material facts in official criminal justice records," and "tampered with DNA testing by altering or omitting some test results from the case file."

The report also found a coworker reported concerns about Woods in 2014, and that she was accused of data manipulation in 2018.

"The results of the 2018 review were not escalated to the former CBI Director or CDPS leadership," a CBI press release states.

These past allegations are prominent in the Weld County judge's order.

"Ms. Woods chose to become a cancer within the Colorado Bureau of Investigations, and that agency chose first to ignore, then place a bandage on the tumor until it could no longer be hidden from the public view," Vigil wrote when he dismissed the case against Eatinger.

In January 2025, the Jefferson County District Attorney's Office filed 102 criminal charges against Woods. In June 2026, Woods pleaded guilty to four felonies. She will be sentenced on Sept. 8.

Appeal


Weld County prosecutors wrote that Woods was involved in the initial DNA testing, which identified Eatinger as the suspect. However, they wrote the case no longer relied on any of Woods' work, which was not called into question in this instance.


"Defendant's case was audited and determined not to be an affected case with an anomaly," the appeal states.


Still, prosecutors wrote they resubmitted items to be retested and the defendant chose an expert of his own to watch the testing.


"The DNA testing...resulted in substantially similar results as those completed by former Analyst Woods," the appeal states.


Weld County prosecutors accused the judge of abusing his authority.

"The district court abused its discretion by sanctioning the extreme remedy of dismissal without considering alternative, ameliorative measures," the appeal states.

What's next?


The Colorado Supreme Court ordered Vigil to respond by Sept. 16 to answer "why the relief requested in the petition should not be granted."

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;

August 26: Alexis Rodriguez New York: Wrongly convicted of attempted rape, he is suing the DNA analysts, Santul Nerkar, who covers the federal courts in Brooklyn for the New York Times, (and obviously does a very good job!) reports, noting that Mr. Rodriguez claims that technicians at the New York City medical examiner’s office fabricated DNA evidence, leading to his wrongful conviction in 2014 for attempted rape - and noting that the lawsuit comes more than a decade after the New York City medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases... "Mr. Rodriguez was found guilty of attempted rape in 2014 and sentenced to 15 years in prison. But in 2021, a judge overturned the conviction, finding that Mr. Rodriguez had received inadequate counsel. Specifically, his lawyer had failed to properly challenge the DNA evidence, a move that could have exonerated his client. Now, Mr. Rodriguez, 42, is suing the city and the lab analysts who worked on his case, accusing the analysts of fabricating evidence."




PASSAGE OF THE DAY: "His current lawyer, Zachary Margulis-Ohnuma, said it was the first time that anyone from the medical examiner’s office had been sued for DNA analysis leading to a wrongful conviction. Mr. Rodriguez’s suit claims that the evidence was fabricated as part of an established practice at the medical examiner’s office in which analysts often used DNA samples that were too small and complex to be reliable, and conflicting interpretations of the data were pushed aside. Flawed results were then presented to law enforcement agencies — and then juries — as evidence of guilt, according to the lawsuit."
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PASSAGE TWO OF THE DAY: "The suit, which was filed in Federal District Court in Brooklyn on Wednesday, comes more than a decade after the medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases. A subsequent report from the state inspector general found a troubling pattern of errors at the office. Disputes among lab analysts were papered over, and technicians often presented subjective, flawed interpretations as scientific findings to prosecutors or defense lawyers."

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PASSAGE THREE OF THE DAY: "At the time of the attack of the 22-year-old woman in 2010, Mr. Rodriguez was working as a maintenance worker at a Y.M.C.A. on Staten Island, he said in an interview. In May of the following year, he was arrested in connection with a burglary, and his DNA was entered into a state database. The medical examiner’s office, according to the lawsuit, then significantly altered the DNA profile of the attacker “to match a known profile that had been entered into the national, state or local databases.”

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PASSAGE FOUR OF THE DAY: "According to the lawsuit, Theresa Caragine, a senior scientist at the lab, and Craig O’Connor, an analyst, changed results from DNA testing so that they would more closely match Mr. Rodriguez’s profile. Dr. Caragine and Dr. O’Connor are both named as defendants in the lawsuit. Dr. Caragine did not respond to a request for comment. The medical examiner’s office declined to make Dr. O’Connor, now its director of forensic biology, available for an interview.
In August 2012, Mr. Rodriguez was arrested and charged with attempted rape, and the DNA was the only evidence that linked him to the attack."

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PASSAGE FIVE OF THE DAY: "Around the time that Dr. Caragine was handling Mr. Rodriguez’s case, her work came under scrutiny. She resigned in April 2013from the medical examiner’s office after the state inspector general’s investigation found that she had ignored lab protocol, including by rewriting reports whose findings she disagreed with. The circumstances of Dr. Caragine’s resignation, according to the lawsuit, were never disclosed to Mr. Rodriguez’s lawyers. Mr. Rodriguez wound up serving seven and a half years in prison, including stints at the Attica and Otisville Correctional Facilities in New York."


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STORY: "He Was Wrongly Covicted of Attempted Rape. He’s Suing the DNA Analysts," by Santul Nerkar, published by The New York Times, on August 23, 2026. (Santul Nerkar is a Times reporter covering federal courts in Brooklyn.)


SUB-HEADING: "Alexis Rodriguez claims technicians at the New York City medical examiner’s office fabricated DNA evidence, leading to his wrongful conviction in 2014 for attempted rape.
PHOTO CAPTION: "The lawsuit comes more than a decade after the New York City medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases."

GIST: "On a cold January morning in 2010, a 22-year-old woman was walking to work on Staten Island when a man grabbed her from behind, pulled her scarf across her face and yanked her to the ground by the roadside.

The attacker started rubbing her thighs and tried to force her jacket open, but she managed to escape his grasp.


Later that day, she provided the police with her scarf and gloves, hoping evidence could be extracted from them to help identify the assailant.

Scientists at the New York City medical examiner’s office — a leader in developing forensic methods to crack America’s most difficult cases — pored over the evidence in the case and were able to pull small amounts of DNA from her clothing.

After more than a year, the office reported a breakthrough: Alexis Rodriguez, a 26-year-old man who had been arrested in connection with an unrelated burglary, was a match for the attacker.


Mr. Rodriguez was found guilty of attempted rape in 2014 and sentenced to 15 years in prison. But in 2021, a judge overturned the conviction, finding that Mr. Rodriguez had received inadequate counsel. Specifically, his lawyer had failed to properly challenge the DNA evidence, a move that could have exonerated his client.

Now, Mr. Rodriguez, 42, is suing the city and the lab analysts who worked on his case, accusing the analysts of fabricating evidence.


His current lawyer, Zachary Margulis-Ohnuma, said it was the first time that anyone from the medical examiner’s office had been sued for DNA analysis leading to a wrongful conviction.


Mr. Rodriguez’s suit claims that the evidence was fabricated as part of an established practice at the medical examiner’s office in which analysts often used DNA samples that were too small and complex to be reliable, and conflicting interpretations of the data were pushed aside.


Flawed results were then presented to law enforcement agencies — and then juries — as evidence of guilt, according to the lawsuit.

The suit, which was filed in Federal District Court in Brooklyn on Wednesday, comes more than a decade after the medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases.

A subsequent report from the state inspector general found a troubling pattern of errors at the office.


Disputes among lab analysts were papered over, and technicians often presented subjective, flawed interpretations as scientific findings to prosecutors or defense lawyers.

Julie Bolcer, a spokeswoman for the medical examiner’s office, said that it “operates in accordance with best practices and stands by the science produced by the experts who staff it.”

At the time of the attack of the 22-year-old woman in 2010, Mr. Rodriguez was working as a maintenance worker at a Y.M.C.A. on Staten Island, he said in an interview.


In May of the following year, he was arrested in connection with a burglary, and his DNA was entered into a state database.

The medical examiner’s office, according to the lawsuit, then significantly altered the DNA profile of the attacker “to match a known profile that had been entered into the national, state or local databases.”

According to the lawsuit, Theresa Caragine, a senior scientist at the lab, and Craig O’Connor, an analyst, changed results from DNA testing so that they would more closely match Mr. Rodriguez’s profile.

Dr. Caragine and Dr. O’Connor are both named as defendants in the lawsuit. Dr. Caragine did not respond to a request for comment. The medical examiner’s office declined to make Dr. O’Connor, now its director of forensic biology, available for an interview.

In August 2012, Mr. Rodriguez was arrested and charged with attempted rape, and the DNA was the only evidence that linked him to the attack.


The victim did not identify Mr. Rodriguez as her attacker during a lineup.
In an interview the day after the attack, according to the lawsuit, the woman identified her attacker as a Hispanic man who was about 5-foot-5; Mr. Rodriguez is more than 6 feet tall.

A jury on Staten Island convicted Mr. Rodriguez of all charges, which also included attempted kidnapping and criminal possession of a weapon, in May 2014.

Around the time that Dr. Caragine was handling Mr. Rodriguez’s case, her work came under scrutiny.
She resigned in April 2013from the medical examiner’s office after the state inspector general’s investigation found that she had ignored lab protocol, including by rewriting reports whose findings she disagreed with.

The circumstances of Dr. Caragine’s resignation, according to the lawsuit, were never disclosed to Mr. Rodriguez’s lawyers.

Mr. Rodriguez wound up serving seven and a half years in prison, including stints at the Attica and Otisville Correctional Facilities in New York.


He now lives near Orlando, Fla., where he provides transportation for older people. (He referred to his work as driving “an Uber for senior citizens.”)

In an interview, Mr. Rodriguez said he hoped to bring attention to more instances of people being convicted on the basis of mishandled evidence.

“I don’t want this to happen to anyone else,” he said.""


The entire story can be read at:
https://www.nytimes.com/2026/08/23/nyregion/new-york-dna-analysts-sued-rape-conviction.html?utm_source=TMP-Newsletter&utm_campaign=e1cfb9ad8a-EMAIL_CAMPAIGN_2026_08_26_10_32&utm_medium=email&utm_term=0_5e02cdad9d-e1cfb9ad8a-174331221




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 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."

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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."

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

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

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

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."

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

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;