Jailhouse Informants: A man was set to Death Row on the word of a known liar: Superb three-part series by 'The Tributary' (Reporter Nichole Manna) based on the Kenneth Hartley case - a case in which, no physical evidence tied Kenneth Hartley to the 1999 kidnapping and murder of Gino Mayhew, 17. A seven-month Tributary investigation of Hartley's case revealed a death penalty prosecution marred by critical omissions about the linchpin state witness and other questionable decisions and practices." (Fascinating, but very disturbing read. HL)

PUBLISHER'S NOTE: (Incentivised Informants):  "What do police informants have to do with forensic science? 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  well 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 (uncertified  jailhouse testinomy'   or concealing exculpatory evidence.

——————————————————————————————————

THE SERIES: "No  physical evidence tied Kenneth Hartley to the 1999 kidnapping and murder of Gino Mayhew, 17." A seven-month  Tributary investigation  of Hartley's case revealed a death penalty prosecution marred by critical omissions about the linchpin state witness and other questionable decisions and practices."…"Nichole Manna is The Tributary's Senior Investigative Reporter. She has covered the criminal justice system for more than a decade and was a Livingston Award finalist in 2021 for her work at the Fort Worth Star-Telegram. In 2024, Nichole received first place from the Green Eyeshade Awards in online investigations for her coverage of medical neglect in the Duval County jail. That series of stories was recognized with awards at the local, regional and national level.The Tributary is a nonprofit newsroom producing high-impact government accountability and investigative journalism in the public interest. Based in Jacksonville, The Tributary’s mission is to shine a light on systemic problems and solutions, hold those in power accountable, and focus on undercovered topics through collaboration with other news organizations and the community. Since its founding in 2021, The Tributary’s journalism has has had an outside impact for its small size, and won awards at the state and national level. We fill gaps in our media ecosystem, reporting on topics and issues that would otherwise go uncovered, with a focus on stories that make an impact."

 COLD-BLOODED: PART ONE:'How a prosecutor fixed a 'weak' using a liar and jailhouse snitches to send a man to Death Row.'

https://jaxtrib.org/2025/03/17/how-a-florida-prosecutor-fixed-a-weak-case-using-a-liar-and-3-jailhouse-snitches-to-send-a-man-to-death-row/

COLD BLOODED: PART TWO: ' George Bateh put 15 men on Death Row - and was rebuked twice by Florida's Supreme Court.'

https://jaxtrib.org/2025/03/17/george-bateh-put-15-men-on-death-row-and-was-rebuked-twice-by-floridas-supreme-court/

COLD-BLOODED: PART THREE: 'Open for business: It pays to be an informant: Telling the truth is optional: 

https://jaxtrib.org/2025/03/17/open-for-business-it-pays-to-be-an-informant-telling-the-truth-is-optional/

This story was reported, written and edited by The Tributary a non-profit investigative newsroom covering Florida. Senior Investigative Reporter Nichole Manna reviewed more than 65,000 pages of court documents – including court transcripts spanning 30 years and copies of prosecutor and detective notes – that she obtained through multiple record requests. Manna spoke to everyone involved in the case who is alive and was willing.

https://jaxtrib.org/2025/03/17/how-a-florida-prosecutor-fixed-a-weak-case-using-a-liar-and-3-jailhouse-snitches-to-send-a-man-to-death-row/

PUBLISHER'S NOTE:  I am grateful to 'Authory' a valuable service which  creates a portfolio of all of my posts since I fired  my  first post into the cybersphere  on the   Charles Smith Blog    on September 29, 2007, some 17 years ago. Today's post is number 11, 784  Yikes! Yes, this is a compulsion, but it's a healthy one ! One of the best features of 'Authory'  (which I am trying out on the Blog for the first time, is a search engine for the portfolio  which  makes it easier  for  readers to follow the many important cases, issues and developments (and occasional rants)  in the area of flawed  pathology, flawed pathologists, and whatever else might cross my mind  in jurisdictions throughout the world which are at the heart of the Blog. So, dear reader, you can access the portfolio at the following link. Just type the inquiry into the  search box  at the following link,  and hit enter.  (The search box is on the top write side of the page under 'Read more.' Why not try it out, and,  as encouraging  use of this search function  by my readers is rather new to me, any feedback on how it is working would be appreciated at: hlevy15@gmail.com. Cheers!

https://authory.com/HaroldLevy

Harold Levy: Publisher: The Charles Smith Blog.

—————————————————————————————————————

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

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

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

———————————————————————————————

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

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

—————————————————————————————————

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

Christina Swarns: Executive Director: The Innocence Project;

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

Barton McNeil: Illinois: Very important appellate hearing coming up on March 25: Convicted in 1999 of killing his daughter, Christina, later sentenced to 100 years in prison, and having protested his innocence from the outset, he hopes that on March 25, his attorneys can convince an appellate court panel that he has new evidence which will prove he is innocent…"Since his conviction, McNeil worked on his own appeals, but in 2012, his case was picked up by the Illinois Innocence Project and later the Exoneration Project joined the effort. Suspect number one in his attorneys’ minds is his ex-girlfriend, Misook Nowlin. She is currently serving a 55-year sentence for murdering her mother-in-law, Linda Tyda, in 2011 and had previously served time for domestic violence and child abuse charges. McNeil and his attorneys claim Nowlin admitted to killing Christina to her ex-husband but has since denied that. When she was called as a witness during a November 2023 hearing, she denied killing the little girl but asserted her constitutional right to avoid self-incrimination, known as “Pleading the Fifth” regarding questions about her relationship with McNeil."

PUBLISHER'S NOTE: The second case  to be heard by the appellate panel is of great interest to this Blog, as is the McNeil case, as James Snow is appealing   the denial of his request for DNA testing and fingerprint analysis. As the university notes in a release:  "He  (James Snow) was convicted in 2001 of killing a gas station employee in 1991. Snow is seeking new evidence to establish his innocence. The prosecution claims that none of the requested testing would significantly advance Snow's claim of actual innocence." PS: The denial of DNA testing which can provide the court with the important exculpatory scientific evidence is so important to me (so basic to achieving justice) that on every relevant post I run the following passage: "PUBLISHER'S NOTE: (Denial of DNA testing): "WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?") "

https://smithforensic.blogspot.com/2018/06/kevin-cooper-2-california-application.html

————————————————————————————

https://news.illinoisstate.edu/2025/02/illinois-appellate-court-will-hear-two-criminal-appeals-at-illinois-state-university/

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

STORY: "Appellate court to hear oral arguments in Bart McNeil’s conviction,” by Tanya Williams and Andy Kravetz, published by WMBD, on Match 18, 2025.

GIST: "Later this month, a Bloomington man hopes his attorneys can convince an appellate court panel that he has new evidence which will prove he did not kill his 3-year-old daughter nearly 30 years ago.

It’d be an early birthday present for Bart McNeil whose 66th birthday is about a month after a panel of three judges from the 4th District Appellate Court will hear his case during a special “on the road” session at Illinois State University.

The judges will hear two cases at the Bone Student Center on March 25, with one of them being McNeil’s. Normally, the appellate court hears cases in Springfield, but they often go on the road as a way to allow more people to see the appellate process.

Both Team McNeil and prosecutors for the state’s appellate prosecutor’s office will get time to argue their case. After that, the appellate court will issue a written opinion likely in a few months. 

The case

McNeil was convicted in 1999 of killing his daughter, Christina and later sentenced to 100 years in prison.

In the hours after the girl’s lifeless body was found, McNeil called police back to his apartment at least four times, and at one point, vehemently requests detectives come there to collect what he calls evidence of his daughter’s murder.

Since his conviction, McNeil worked on his own appeals, but in 2012, his case was picked up by the Illinois Innocence Project and later the Exoneration Project joined the effort.

Suspect number one in his attorneys’ minds is his ex-girlfriend, Misook Nowlin. She is currently serving a 55-year sentence for murdering her mother-in-law, Linda Tyda, in 2011 and had previously served time for domestic violence and child abuse charges.

McNeil and his attorneys claim Nowlin admitted to killing Christina to her ex-husband but has since denied that. When she was called as a witness during a November 2023 hearing, she denied killing the little girl but asserted her constitutional right to avoid self-incrimination, known as “Pleading the Fifth” regarding questions about her relationship with McNeil.      

What he is appealing now

Nowlin’s confession wasn’t known until years after his initial trial. McNeil’s attorneys sought to have it admitted over prosecutors’ objections. He tried to introduce that evidence through the post-conviction petition process. That form of appeal goes through the trial court, not the appellate court. There are three stages.

The first stage falls on a judge to “determine whether the petition is frivolous or patently without merit,” according to the state act outlining the process.

If the matter goes past the first stage, then a judge could appoint an attorney to help with the petition. At a third-stage hearing, a judge would hear evidence of newly discovered materials or claims of constitutional right violations that a defendant thinks would lead to a different outcome.

But last year, McLean County Circuit Judge William Yoder said no. The reason? The evidence that McNeil wanted to use at a new trial likely wouldn’t be legally allowed and beyond that, it wasn’t likely to tip the scales at a new trial, he ruled.

“The conclusive character of the new evidence is the most important element of an actual innocence claim,” the judge wrote in his 6-page ruling in February 2024. “The evidence supporting the post-conviction petition does not place the trial evidence in a different light or undermine the court’s confidence in the judgement of guilt.”

It’s Yoder’s decision that the appellate judges are being asked to overturn. 

Prosecutors say it isn’t admissible under the rules of evidence. 

The entire story can be read at: 

https://www.centralillinoisproud.com/news/local-news/bart-mcneil-appellate-court/

PUBLISHER'S NOTE:  I am grateful to 'Authory' a valuable service which  creates a portfolio of all of my posts since I fired  my  first post into the cybersphere  on the   Charles Smith Blog    on September 29, 2007, some 17 years ago. Today's post is number 11, 784  Yikes! Yes, this is a compulsion, but it's a healthy one ! One of the best features of 'Authory'  (which I am trying out on the Blog for the first time, is a search engine for the portfolio  which  makes it easier  for  readers to follow the many important cases, issues and developments (and occasional rants)  in the area of flawed  pathology, flawed pathologists, and whatever else might cross my mind  in jurisdictions throughout the world which are at the heart of the Blog. So, dear reader, you can access the portfolio at the following link. Just type the inquiry into the  search box  at the following link,  and hit enter.  (The search box is on the top write side of the page under 'Read more.' Why not try it out, and,  as encouraging  use of this search function  by my readers is rather new to me, any feedback on how it is working would be appreciated at: hlevy15@gmail.com. Cheers!

https://authory.com/HaroldLevy

Harold Levy: Publisher: The Charles Smith Blog.

—————————————————————————————————————

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

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

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

———————————————————————————————

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

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

—————————————————————————————————

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

Christina Swarns: Executive Director: The Innocence Project;

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

Anthony Wright: Philadelphia: On-going trial: False confession and alleged police perjury: A lethal mix: Three former detectives are on trial for allegedly lying about a 'confession' on Anthony Wright's retrial, when they testified that they didn't know about 'a DNA problem,' to wit DNA evidence pointing to another person…"In 1991, 20-year-old Anthony Wright was arrested and charged with raping and murdering an elderly widow. Wright was convicted of the crime two years later in 1993 and spent two decades in prison. Wright’s conviction was overturned in 2014 however, after DNA evidence pointed to another suspect. Despite the DNA exclusion, Seth Williams – Philadelphia’s District Attorney at the time – chose to retry Wright in 2016, calling former Philadelphia police detectives Martin Devlin, Manuel Santiago and Frank Jastrzembski out of retirement to testify. The key piece of evidence remaining at the retrial was Wright’s confession. His lawyers argued that it was coerced. The detectives denied it."

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:

———————————————————

PASSAGE OF THE DAY: "The key piece of evidence remaining at the retrial was Wright’s confession. His lawyers argued that it was coerced. The detectives denied it. Lawyer Sam Silver, representing Wright, asked Devlin to write down the nine-page confession in real time, as he said he had done “word for word” in 1991. The once-famed detective — who helped nab a New Jersey rabbi in his wife’s murder-for-hire — jotted down only six words before giving up. Wright told jurors that police had made him sign the confession without reading it. They deliberated just a few minutes before acquitting him, and Wright, who spent 25 years in prison, later received a nearly $10 million settlement from the city. Then in 2021, a grand jury indicted Devlin, Santiago and Jastrzembski. Santiago and Devlin were accused of lying about the confession."

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

STORY: "Ex-Philly detectives accused of lying in retrial of wrongfully convicted man," by reporters  Claudia Vargas, Maryclaire Dale and David Chang, published by ABC, on March 18, 2025.

SUB-HEADING: "Former detectives Martin Devlin, Manuel Santiago and Frank Jastrzembski, all now in their 70s, are accused of lying under oath during the 2016 retrial of Anthony Wright, who was wrongfully convicted of rape and murder."

SUB-HEADING: :Three former police detectives from Philadelphia are on trial for perjury and Tuesday both sides started making their case. NBC10 investigative reporter Claudia Vargas has the latest."

What to Know

• Tuesday marked the first day of testimony in the trial of three former Philadelphia police detectives who are accused of lying under oath during the 2016 retrial of a man who was wrongfully convicted of rape and murder.  
• Experts in innocence cases say it's unusual for police or prosecutors to face criminal charges over misconduct that leads to wrongful convictions.
• Former detectives Martin Devlin, Manuel Santiago and Frank Jastrzembski, now in their 70s, hoped to have a judge dismiss the perjury case over mistakes made in the grand jury process. But Judge Lucretia Clemons denied the motion last year.

GIST: "Tuesday marked the first day of testimony in the trial of three former Philadelphia police detectives who are accused of lying under oath during the 2016 retrial of a man who was wrongfully convicted of rape and murder.

In 1991, 20-year-old Anthony Wright was arrested and charged with raping and murdering an elderly widow. Wright was convicted of the crime two years later in 1993 and spent two decades in prison.

Wright’s conviction was overturned in 2014 however, after DNA evidence pointed to another suspect. Despite the DNA exclusion, Seth Williams – Philadelphia’s District Attorney at the time – chose to retry Wright in 2016, calling former Philadelphia police detectives Martin Devlin, Manuel Santiago and Frank Jastrzembski out of retirement to testify.

The key piece of evidence remaining at the retrial was Wright’s confession. His lawyers argued that it was coerced. The detectives denied it.

Lawyer Sam Silver, representing Wright, asked Devlin to write down the nine-page confession in real time, as he said he had done “word for word” in 1991. The once-famed detective — who helped nab a New Jersey rabbi in his wife’s murder-for-hire — jotted down only six words before giving up.

Wright told jurors that police had made him sign the confession without reading it. They deliberated just a few minutes before acquitting him, and Wright, who spent 25 years in prison, later received a nearly $10 million settlement from the city.

Then in 2021, a grand jury indicted Devlin, Santiago and Jastrzembski. Santiago and Devlin were accused of lying about the confession. Santiago and Jastrzembski were accused of lying when they testified that they didn’t know about the DNA problem. Jastrzembski was accused of lying about finding the victim’s clothes in Wright’s bedroom.

All three retired detectives – now in their 70s – have been named in federal civil rights lawsuits, including Wright’s. The lawsuits accuse them of police misconduct and in some cases, coercing false confessions. The city of Philadelphia settled those lawsuits for a total of nearly $30 million but did not admit fault.

The perjury trial for the three former detectives was set to begin more than a year ago. Lawyers for the defense have been trying to get the case tossed, however, arguing that inadmissible evidence was used during the grand jury proceedings that led to their indictment. Just last week, the lawyers petitioned the Pennsylvania supreme court for extraordinary relief.

All three have maintained their innocence and pleaded not guilty. The Philadelphia District Attorney’s Office had previously said it was doing a review of the former detectives’ prior cases that ended in convictions. A spokesperson for the office told NBC10 on Monday that it was unclear if the review is complete. NBC10 reached out to the defense attorneys. We have not yet heard back from them.

Assistant District Attorney Brain Collins began the trail on Tuesday with his opening statement explaining to the jury that the perjury trail they will decide is an unusual one.

The first witness to testify was Ernest Ransom, the current head of the homicide unit staff inspector. He was questioned for two hours about the 1991 statements and department protocols at the time.

Wright's time on the stand was spent answering the prosecutors' questions about what he said and did not say to police in 1991.

Wright is expected to take the stand again on Wednesday for cross-examination. NBC10 reached out, but Wright, along with the three detectives and their lawyers, declined to comment."

The entire story can be read at:

https://www.nbcphiladelphia.com/investigations/philadelphia-detectives-martin-devlin-manuel-santiago-frank-jastrzembski-perjury-lying-trial-retrial-anthony-wright-wrongful-conviction/4136961/

PUBLISHER'S NOTE:  I am grateful to 'Authory' a valuable service which  creates a portfolio of all of my posts since I fired  my  first post into the cybersphere  on the   Charles Smith Blog    on September 29, 2007, some 17 years ago. Today's post is number 11, 784  Yikes! Yes, this is a compulsion, but it's a healthy one ! One of the best features of 'Authory'  (which I am trying out on the Blog for the first time, is a search engine for the portfolio  which  makes it easier  for  readers to follow the many important cases, issues and developments (and occasional rants)  in the area of flawed  pathology, flawed pathologists, and whatever else might cross my mind  in jurisdictions throughout the world which are at the heart of the Blog. So, dear reader, you can access the portfolio at the following link. Just type the inquiry into the  search box  at the following link,  and hit enter.  (The search box is on the top write side of the page under 'Read more.' Why not try it out, and,  as encouraging  use of this search function  by my readers is rather new to me, any feedback on how it is working would be appreciated at: hlevy15@gmail.com. Cheers!

https://authory.com/HaroldLevy

Harold Levy: Publisher: The Charles Smith Blog.

—————————————————————————————————————

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

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

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

———————————————————————————————

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

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

—————————————————————————————————

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

Christina Swarns: Executive Director: The Innocence Project;

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