William Dillon: Florida: (Subject of numerous posts on this Blog); Fraudulent dog handler John Preston; (Also subject of numerous posts on this Blog); 'Florida Today' Opinions and Engagement Editor John A. Torres exposes the folly of banning this wrongly convicted man's inspiring story -- "a page-turner written along with his wife Ellen Moscovitz, called 'Framed: The Corruption and Cover-up behind the wrongful conviction of William Michael Dillon and his twenty-seven year fight for freedom,' from Florida prisons"..."Dillon was convicted and sentenced to life for the murder of James Dvorak in 1981 at Canova Park. The book details how Dillon was wrongfully arrested and then convicted with the help of a fraudulent dog handler named John Preston. It describes the investigation, the trial, Dillon's incarceration and his improbable quest for freedom that saw the Innocence Project of Florida and Assistant Public Defender Mike Pirolo team up to prove Dillon was innocent. It was their collaboration fighting for DNA testing of a key piece of evidence that cleared Dillon and eventually allowed the Brevard County sheriff to identify the real killer"

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

CLICK ON THIS LINK TO ORDER A COPY:

Framed: The Corruption and Cover-up behind the wrongful conviction of William Michael Dillon and his twenty-seven year fight for freedom."

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

QUOTE OF THE DAY: ""Banning my book takes away a message of hope to the wrongfully convicted prisoners still behind bars," Dillon said. "Florida made a mockery of justice in my case, and took away nearly three decades of my life. I want the world to know what they did to me, so it will be harder for them to do it to anyone else. All prisoners should know what they are up against."

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

SECOND QUOTE OF THE DAY: "The Florida DOC is afraid for prisoners to know the truth about the patterns of abuse, corruption and cover-up that has been shown to be pervasive throughout Florida’s justice and correctional system," Moscovitz said." "Tragically, William’s story is not a unique one."

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

PASSAGE ONE  OF THE DAY: "The book also offers a no-filter look at what Dillon experienced in prison, particularly during his first hour when he was gang-raped by several men, causing him to contemplate suicide. A friend of inmate Gary Bennett, whom I've also written about and believe was also wrongfully convicted, sent him a copy of Dillon's book from Amazon.  Bennett never received the book but Dillon received a notice from the Department of Corrections explaining that the book "presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person." Starting in April, I've reached out three times to the Department of Corrections for a comment but no one has responded. The notice sent to Dillon goes on to cite pages 13-17 and 197-202 as depicting gang rape and violence. Should Dillon have sugar-coated his time in prison? Instead of banning the book, maybe the DOC should just do a better job protecting the inmates from being sexually assaulted. Just a thought."

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

PASSAGE TWO OF THE DAY:  "Maybe there is more of Dante's Divine Comedy here ―"Abandon all hope all ye who enter here" ― than there is concern that Dillon's book poses a threat. I get that prison is a place where law breakers are punished by having their freedom taken away.  The vast majority belong there and probably don't deserve some of the perks we get to enjoy.  But banning books that offer hope? Dillon's book and life story are proof that faith and perseverance do sometimes pay off.  His book does not threaten security. There is nothing in his book about how to put a file inside a cake or how to break out of prison. "The Florida DOC is afraid for prisoners to know the truth about the patterns of abuse, corruption and cover-up that has been shown to be pervasive throughout Florida’s justice and correctional system," Moscovitz said.  "Tragically, William’s story is not a unique one."

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

PASSAGE THREE OF THE DAY: "According to the Marshall Project, a non-profit journalism group that studies and reports on the criminal justice system, the terrific prison escape novel "Papillon" is banned from Florida prisons. Also banned were the 2020 Fantasy Football Guide, books about Al Capone, Amazing Sea Life adult coloring book and Basic French to name just a few of the 20,210 books prohibited. Not listed are perhaps two of the greatest prison escape stories ever written: "The Count of Monte Cristo" and "The Shawshank Redemption." Incredibly, also banned is a book called “How to Leave Prison Early," a how-to book on work release, parole and clemency."

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

COMMENTARY: "Torres: Wrongfully convicted man's inspiring story banned from Florida prisons," by John A. Torres, published by Florida Today, on June 2, 2023. (John Torres' bio indicates  that he loves 'providing a voice for those who are often forgotten.' He does that very well. HL) Thanks to The Marshall Project for drawing this commentary to our attention. HL;

GIST: "Florida schools aren't the only ones banning books these days. It seems the Department of Corrections is getting in on the act.

Hope can be a dangerous thing for the hopeless but it can also provide the the spark needed to face another day.

That's why it saddened me to hear that William Dillon's account of his 27-year incarceration for a crime he did not commit is being banned in our state prisons.

 Dillon, along with wife Ellen Moscovitz, recently finished writing and publishing Dillon's account in a page-turner called "Framed: The Corruption and Cover-up behind the wrongful conviction of William Michael Dillon and his twenty-seven year fight for freedom."

Dillon was convicted and sentenced to life for the murder of James Dvorak in 1981 at Canova Park.

The book details how Dillon was wrongfully arrested and then convicted with the help of a fraudulent dog handler named John Preston. 

It describes the investigation, the trial, Dillon's incarceration and his improbable quest for freedom that saw the Innocence Project of Florida and Assistant Public Defender Mike Pirolo team up to prove Dillon was innocent.

It was their collaboration fighting for DNA testing of a key piece of evidence that cleared Dillon and eventually allowed the Brevard County sheriff to identify the real killer. 

I covered Dillon's fight for freedom and interviewed him while he was still in prison. 

I was there when Dillon left the Brevard County Jail, where he had been transferred for his hearing, as a free man.

"Banning my book takes away a message of hope to the wrongfully convicted prisoners still behind bars," Dillon said. "Florida made a mockery of justice in my case, and took away nearly three decades of my life. I want the world to know what they did to me, so it will be harder for them to do it to anyone else. All prisoners should know what they are up against."

The book also offers a no-filter look at what Dillon experienced in prison, particularly during his first hour when he was gang-raped by several men, causing him to contemplate suicide.

A friend of inmate Gary Bennett, whom I've also written about and believe was also wrongfully convicted, sent him a copy of Dillon's book from Amazon. 

Bennett never received the book but Dillon received a notice from the Department of Corrections explaining that the book "presents a threat to the security, order or rehabilitative objectives of the correctional system or the safety of any person."

Starting in April, I've reached out three times to the Department of Corrections for a comment but no one has responded.

The notice sent to Dillon goes on to cite pages 13-17 and 197-202 as depicting gang rape and violence. Should Dillon have sugar-coated his time in prison? Instead of banning the book, maybe the DOC should just do a better job protecting the inmates from being sexually assaulted. Just a thought.

Does this book jeopardize security, order or rehabilitative objectives or does it simply offer hope?

Surely inmates have seen or experienced the same things Dillon endured.

Maybe there is more of Dante's Divine Comedy here ―"Abandon all hope all ye who enter here" ― than there is concern that Dillon's book poses a threat.

I get that prison is a place where law breakers are punished by having their freedom taken away. 

The vast majority belong there and probably don't deserve some of the perks we get to enjoy. 

But banning books that offer hope? Dillon's book and life story are proof that faith and perseverance do sometimes pay off.

 His book does not threaten security. There is nothing in his book about how to put a file inside a cake or how to break out of prison.

"The Florida DOC is afraid for prisoners to know the truth about the patterns of abuse, corruption and cover-up that has been shown to be pervasive throughout Florida’s justice and correctional system," Moscovitz said. 

"Tragically, William’s story is not a unique one."

The DOC has a Literature Review Committee that meets twice a month to screen books and magazines. Subscriptions and book orders by prisoners and contributions from Books to Prisoners programs are reviewed in Tallahassee before they are distributed to the agency's 143 facilities.

According to the Marshall Project, a non-profit journalism group that studies and reports on the criminal justice system, the terrific prison escape novel "Papillon" is banned from Florida prisons.

Also banned were the 2020 Fantasy Football Guide, books about Al Capone, Amazing Sea Life adult coloring book and Basic French to name just a few of the 20,210 books prohibited. Not listed are perhaps two of the greatest prison escape stories ever written: "The Count of Monte Cristo" and "The Shawshank Redemption."

Incredibly, also banned is a book called “How to Leave Prison Early," a how-to book on work release, parole and clemency.

Maybe banning Dillon's book has nothing to do with anything I've already mentioned. Maybe the folks at the Department of Correction are just embarrassed by it. If that's the case, I guess I can't blame them. They should be embarrassed."

The entire commentary  can be read at:

https://www.floridatoday.com/story/opinion/2023/06/02/wrongfully-convicted-mans-inspiring-story-banned-from-florida-prisons/70277024007/

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

Read William Dillon's National  Registry of Exonerations entry at:

https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3177

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

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/120008354894645705/47049136857587929

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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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

Kathleen Folbigg: Australia: aftermath: (Part 5): Her ordeal cannot blamed exclusively on the antiquated Australian judicial process to come to grips with contemporary forensic science - as Prof. Emma Cunliffe argues in The Guardian, "Kathleen Folbigg was demonized by a legal system that even punished efforts to establish her innocence."..."Submissions at Folbigg’s trial were based in misogynistic stereotypes and had no rational relationship with a charge of murder."..."As the medical evidence in favour of natural causes of death has mounted, many members of the legal profession in NSW have emphasised Folbigg’s diaries as proof of her guilt. At trial, the prosecutor described the diaries as “the strongest evidence the jury could possibly have”, likening them to “a machine to look into her mind”. For more than 20 years, courts have heard wild speculation about the meaning of these diaries. Bathurst thought to ask the experts. He heard from psychologists and psychiatrists that Folbigg’s diaries are normal expressions of guilt and self-blame, of a kind often seen in mothers whose children have died of sudden and unexpected causes. He concluded that the diary entries, which formerly appeared so sinister, may “be readily considered as the words of a grieving mother seeking to come to grips” with the deaths of her children."

PASSAGE OF THE DAY: "There was no evidence of physical harm to any child, at any point. Bathurst observes that it would be “a remarkable coincidence if over a period of 10 years the mother of four children smothered them without leaving any trace on each occasion”. Bathurst’s inquiry represents the first time that the legal system has properly examined the evidence that supports Folbigg’s innocence. While the genetic research is new, much of the other evidence identified in Bathurst’s memorandum was available in 2003. Folbigg’s freedom has come despite a legal system that at best resisted and at worst punished her efforts to establish her innocence. Almost no public funding was available for the scientific and legal work that led to her release. She has been made subject to cost orders and held in protective custody as she refused to accept responsibility for crimes she didn’t commit.  The most intimate reflections in her diaries and her sincere efforts to assist investigators were met with disdain."

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

COMMENTARY: "Kathleen Folbigg was demonised by a legal system that even punished efforts to establish her innocence,"  by Emma Cunliffe, published by The Guardian, on June 6, 2023. (Dr Emma Cunliffe is a professor at the Allard School of Law, University of British Columbia. She is the author of Murder, Medicine and Motherhood.)

SUB-HEADING: "Submissions at Folbigg’s trial were based in misogynistic stereotypes and had no rational relationship with a charge of murder."

PHOTO CAPTION:  "Kathleen Folbigg in 2003. At her trial, the prosecution interpreted her diaries and behaviour with no expert evidence about maternal grief and bereavement."

GIST: "For more than 20 years, the Australian legal system has demonised a grieving mother as a child killer. Kathleen Folbigg was convicted in 2003 of killing her four children, Caleb, Patrick, Sarah and Laura. 

It is now accepted that her children could quite possibly have died of natural causes. She was finally released from prison on Monday.

Folbigg was released because commissioner Tom Bathurst, who is conducting an inquiry into her convictions, has reached the “firm view” that there is reasonable doubt about Folbigg’s guilt. 

He has not yet completed his report, and this task should not be rushed. 

Instead, he has provided information to the New South Wales attorney general, Michael Daley, about why he has concluded that Folbigg is not guilty of killing her children. To his credit, the attorney general has moved quickly and decisively to pardon Folbigg.

Medical research now establishes the reasonable possibility that Patrick, Sarah and Laura died of identifiable natural causes. (The records for Caleb’s life and death are far less complete.)

In 2019, an earlier commission of inquiry concluded that no reasonable doubt existed about Folbigg’s guilt. 

The present commission was called thanks to the advocacy of medical researchers and the Australian Academy of Science, who felt that medical evidence had been misunderstood by the first inquiry. 

The scientists have shown courage and dedication in the face of the legal system’s complacency.

 Thanks to their determination, a wrongful conviction is now being righted.

However, this was always a miscarriage of justice.

Bathurst concludes that the evidence shows that Folbigg was “a loving and caring mother” whose behaviour was “normative of young mothers of infant children”.

At Folbigg’s trial, the prosecution interpreted her diaries and behaviour with no expert evidence about maternal grief and bereavement. 

The suggestion was made, for example, that her occasional decision to leave a child with family in order to do an exercise class, or work part-time, was evidence of her failure to cope with mothering. 

These submissions were based in misogynistic stereotypes about self-sacrificial mothering. They had no rational relationship with a charge of murder.

As the medical evidence in favour of natural causes of death has mounted, many members of the legal profession in NSW have emphasised Folbigg’s diaries as proof of her guilt. 

At trial, the prosecutor described the diaries as “the strongest evidence the jury could possibly have”, likening them to “a machine to look into her mind”.

For more than 20 years, courts have heard wild speculation about the meaning of these diaries. 

Bathurst thought to ask the experts. 

He heard from psychologists and psychiatrists that Folbigg’s diaries are normal expressions of guilt and self-blame, of a kind often seen in mothers whose children have died of sudden and unexpected causes. 

He concluded that the diary entries, which formerly appeared so sinister, may “be readily considered as the words of a grieving mother seeking to come to grips” with the deaths of her children.

There was no evidence of physical harm to any child, at any point.

Bathurst observes that it would be “a remarkable coincidence if over a period of 10 years the mother of four children smothered them without leaving any trace on each occasion”.

Bathurst’s inquiry represents the first time that the legal system has properly examined the evidence that supports Folbigg’s innocence. 

While the genetic research is new, much of the other evidence identified in Bathurst’s memorandum was available in 2003.

Folbigg’s freedom has come despite a legal system that at best resisted and at worst punished her efforts to establish her innocence. 

Almost no public funding was available for the scientific and legal work that led to her release. 

She has been made subject to cost orders and held in protective custody as she refused to accept responsibility for crimes she didn’t commit. 

The most intimate reflections in her diaries and her sincere efforts to assist investigators were met with disdain.

 Throughout her ordeal, she has been denied the opportunity to grieve her children privately.

The NSW legal system must now begin to grapple with the shortcomings exposed by the Folbigg case.

 The reliability of medical evidence in all cases must be subjected to much greater safeguards. 

Misogyny and sarcasm must not substitute for the careful evaluation of evidence in a legal trial. 

NSW should commit to an independent system of post-conviction review in which the possibility of error is taken seriously. 

The work of identifying and correcting miscarriages of justice should be properly resourced and highly valued.

As Folbigg adjusts to life outside prison, the NSW legal system has much work to do."

The entire commentary can be read at:

kathleen-folbigg-demonised-by-australia-legal-system-trial-pardon-release

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/120008354894645705/47049136857587929

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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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

Stacey Eugene Johnson: Arkansas; The battle goes on: He sought DNA testing for years. Unsuccessfully; Finally, a Federal Appeals Court has ruled that the Arkansas death row inmate can sue the state over its DNA test refusal, Arkansas Online (Reporter Dale Ellis) reports..."In its ruling, a three-judge panel of the 8th Circuit said it did not address the merits of Johnson's case, but limited its review "to the threshold issues of whether Johnson has standing and whether the defendants are immune from suit under the Eleventh Amendment." "The defendants here are not immune from suit under the Eleventh Amendment because Johnson seeks prospective declaratory and injunctive relief and has alleged a sufficient connection between the defendants and Act 1780's enforcement," said the 8th Circuit panel in Monday's ruling. "The Sevier County Prosecuting Attorney and the Director of the State Crime Lab have a sufficient connection because they possess and control evidence that Johnson seeks to test, and they have refused to provide it to him ... And the Attorney General has a sufficient connection because he has refused to agree to DNA testing and opposed Johnson's Act 1780 petition." What happens next? Stay tuned, dear reader. Am 'following.' HL);

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

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

PASSAGE OF THE DAY: "Shortly before his scheduled execution date, Johnson, assisted by the Innocence Project, filed a petition in state court under Arkansas' post-conviction DNA testing statute, which is known as Act 1780, seeking DNA testing on 26 pieces of physical evidence related to Heath's murder, including swabs taken from Heath's body and hairs found at the crime scene that were never tested. Johnson, who is Black, argued that the proposed DNA testing might collectively point to a specific Caucasian perpetrator and call Johnson's guilt into question. Johnson, who has spent a quarter-century on death row for Heath's murder, has argued for years that the untested evidence in the case could possibly implicate Brandon Ramsey, Heath's now-deceased ex-boyfriend."

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

STORY: "Appeals court rules Arkansas death row inmate can sue state over DNA test refusal," by Federal Court Reporter Dale Ellis, published by Arkansas online, on June 6, 2023.

SUB-HEADING: "Man on death row wants crime scene DNA studied." 

PHOTO CAPTION: "An Arkansas inmate on death row who came within a day of being executed in 2017 received welcome news from a federal appeals court, which ruled he can sue state officials in his bid to have new tests run on DNA evidence."

GIST: "Stacey Eugene Johnson, 53, who was condemned to death for the 1993 murder of Carol Heath in De Queen, received a stay of execution from the state Supreme Court in a 4-3 decision, remanding his case to circuit court for a hearing on his request for post-conviction DNA testing.

 In 2019, after the lower court denied Johnson's request, the state Supreme Court affirmed the ruling in a 5-2 decision, clearing the way for Johnson's execution.

Johnson was scheduled to be executed April 20, 2017, as then-Gov. Asa Hutchinson ordered a flurry of executions of eight death row inmates over an 11-day period in an effort to beat the clock on one of the drugs used in the state's three-drug protocol before it reached its expiration date at the end of April 2017.

In order to beat the deadline, Arkansas scheduled the eight executions to take place between April 17 and April 27, 2017, in a two-a-day execution schedule beginning April 17. 

Three of the inmates, Johnson, Don Davis and Bruce Ward, received stays of execution from the state Supreme Court and remain on death row awaiting execution.

 One inmate, Jason McGehee, was granted clemency by Hutchinson, and his sentence was commuted to life in prison without possibility of parole.

The other four inmates, Ledell Lee, Marcel Williams, Jack Jones and Kenneth Williams, were executed by lethal injection over a seven-day period beginning April 20, 2017.

Shortly before his scheduled execution date, Johnson, assisted by the Innocence Project, filed a petition in state court under Arkansas' post-conviction DNA testing statute, which is known as Act 1780, seeking DNA testing on 26 pieces of physical evidence related to Heath's murder, including swabs taken from Heath's body and hairs found at the crime scene that were never tested.

 Johnson, who is Black, argued that the proposed DNA testing might collectively point to a specific Caucasian perpetrator and call Johnson's guilt into question.

Johnson, who has spent a quarter-century on death row for Heath's murder, has argued for years that the untested evidence in the case could possibly implicate Brandon Ramsey, Heath's now-deceased ex-boyfriend.

Johnson was charged with Heath's murder in 1993 and was convicted of capital murder and sentenced to death the following year. 

That conviction was later reversed on appeal because of an evidentiary error, and in 1997 he was again found guilty of Heath's murder and sentenced to death. 

The Arkansas Supreme Court affirmed Johnson's conviction and death sentence on direct appeal.

Writing for the majority in the state Supreme Court's 2019 ruling, Justice Shawn Womack said that Johnson had failed to satisfy the predicate conditions for scientific testing under Act 1780, writing that "The availability of technologies not available at trial cannot mean that ... every criminal conviction involving biological evidence, is suddenly in doubt."

In 2021, following a denial by the U.S. Supreme Court for a review of his case, Johnson filed suit in federal court against the state attorney general, the prosecuting attorney of Sevier County and the director of the state Crime Laboratory, alleging that the continued refusal to allow new DNA testing constituted a denial of due process.

 Johnson also sought an order declaring Act 1780 unconstitutional and an injunction requiring the defendants to release the DNA evidence for further testing.

Last year, after U.S. District Judge Kristine G. Baker denied a motion to dismiss the lawsuit, the defendants appealed to the 8th Circuit Court of Appeals, which affirmed Baker's ruling Monday.

In its ruling, a three-judge panel of the 8th Circuit said it did not address the merits of Johnson's case, but limited its review "to the threshold issues of whether Johnson has standing and whether the defendants are immune from suit under the Eleventh Amendment."

"The defendants here are not immune from suit under the Eleventh Amendment because Johnson seeks prospective declaratory and injunctive relief and has alleged a sufficient connection between the defendants and Act 1780's enforcement," said the 8th Circuit panel in Monday's ruling.

"The Sevier County Prosecuting Attorney and the Director of the State Crime Lab have a sufficient connection because they possess and control evidence that Johnson seeks to test, and they have refused to provide it to him ... And the Attorney General has a sufficient connection because he has refused to agree to DNA testing and opposed Johnson's Act 1780 petition."

Attorney General Tim Griffin acknowledged in a text message to the Arkansas Democrat-Gazette that Monday's ruling was a setback, but he said he is confident the state will ultimately prevail in its bid to execute Johnson.

"I am disappointed by [Monday's] decision," Griffin said, "but now this case will move forward to the merits. This statute is constitutional and I look forward to defending it."

The entire story can be read at:

https://www.arkansasonline.com/news/2023/jun/06/appeals-court-rules-arkansas-death-row-inmate-can/

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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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

Gene Rocky Morrison: U.K. Fake Forensic Scientist: Exposed as a sexual predator, he has been deemed too dangerous to be released on parole, Mailonline (Freelance crime and justice journalist) Andy Gardner) reports. (I have been following him for years! HL)..."Gene 'Rocky' Morrison, who called himself Dr. Gene Morrison, appeared as an expert forensic psychologist in hundreds of court cases and was paid at least £250,000 in tax payers money. In 2007 he was described as a complete charlatan and found guilty of a host of deception charges at Minshull Street crown court, Manchester. Morrison was jailed for five years. In a hugely embarrassing verdict, Morrison's web of lies was laid bare, including buying academic awards from a fictitious US university and hiring a lie detector from a firm called 'Spies R Us.' Working under the motto 'Exposing Unrighteousness for the Sake of Righteousness' the exposure of the scam led to police investigating 700 cases in which Morrison gave evidence for possible miscarriages of justice."

PASSAGE OF THE DAY: "In 2009 aged 51 and two years into his sentence for fraud, Morrison was also revealed to be a sexual predator when he was convicted of sexually assaulting four young victims between 2000 and 2007. He was sentenced at Minshull Street crown court to serve an ‘indeterminate’ sentence with a minimum of seven and a half years for the rapes and sex assaults."

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

PASSAGE TWO OF THE DAY: "At his first trial for fraud, the full extent of Morrison's deceit was laid bare in breathtaking detail during a court case that often descended into farce. Jamaican-born Morrison, then aged 48, of Hyde, Cheshire, was convicted of 22 charges including perjury, perverting the course of justice and obtaining money by deception. The court was told that Morrison, who is believed to have fathered nine children by various women, had given his 'expert' opinion in over 700 cases, including murder trials, armed robbery, drugs and accidents. Rather than an expert, Morrison, dubbed 'Rocky' in his hometown, had left school with no qualifications and decided to become a forensic scientist after spotting an advert in a detective magazine offering correspondence degrees customers could buy. His firm Criminal and Forensic Investigation Bureau was set up in 1977 with Morrison heading it after buying a fake BSc in Forensic Sciences from the bogus Rochville University in the United States. The fraudster hired a real forensic detective and used his work as his own, often charging twice what he paid. At other times, he cut and pasted old reports."

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

PASSAGE THREE OF THE DAY: "Appearing in court, he insisted on being referred to as Doctor throughout the entire trial, and the jury were supposedly reduced to laughter on many occasions throughout the proceedings."

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

STORY: "Fake forensic scientist exposed as a sex predator is deemed too dangerous for jail release: Gene 'Rocky' Morrison duped cops over three decades before conviction for attacking four women," by Mailonline Reporter Andy Gardner, published on June 4, 2023.

SUB: HEADING: "EXCLUSIVE Gene Morrison appeared as an expert in hundreds of court cases; He was found guilty of a host of deception charges as well as sexual assault; A parole board has now ruled Morrison is still too dangerous to be released."

GIST: "One of Britain's most notorious conmen, who tricked judges, lawyers and police officers into believing he was a respected forensic detective over three decades - before also being unmasked as a sex predator - has been ruled still too dangerous to be released.

Gene 'Rocky' Morrison, who called himself Dr. Gene Morrison, appeared as an expert forensic psychologist in hundreds of court cases and was paid at least £250,000 in tax payers money.

In 2007 he was described as a complete charlatan and found guilty of a host of deception charges at Minshull Street crown court, Manchester. Morrison was jailed for five years.

In a hugely embarrassing verdict, Morrison's web of lies was laid bare, including buying academic awards from a fictitious US university and hiring a lie detector from a firm called 'Spies R Us.'

Working under the motto 'Exposing Unrighteousness for the Sake of Righteousness' the exposure of the scam led to police investigating 700 cases in which Morrison gave evidence for possible miscarriages of justice.

Gene 'Rocky' Morrison, who called himself Dr. Gene Morrison, appeared as an expert forensic psychologist in hundreds of court cases before he was caught 

In 2009 aged 51 and two years into his sentence for fraud, Morrison was also revealed to be a sexual predator when he was convicted of sexually assaulting four young victims between 2000 and 20007.

He was sentenced at Minshull Street crown court to serve an ‘indeterminate’ sentence with a minimum of seven and a half years for the rapes and sex assaults.

Under the terms of the sentence, Morrison cannot be released on licence until the Parole Board decides he is no longer a threat to society.

The fake forensic scientist first became eligible for parole in 2017. Within the last few weeks, following a paper review of his progress, Morrison has been told he will not be granted an oral hearing.

The decision not to allow Morrison to address a three-person parole panel in person is relatively unusual and reflects his lack of progress within the prison system.

A spokesperson for the Parole Board said: 'We can confirm that a panel of the Parole Board refused the release of Gene Morrison following a paper hearing. The panel also refused to recommend a move to open prison.

'Parole Board decisions are solely focused on what risk a prisoner could represent to the public if released and whether that risk is manageable in the community.'

MailOnline has obtained a written summary of the Parole Board decision that acknowledges Morrison has taken 'accredited courses' but 'specialist advice was that risks remained live and that important training needs were still to be met.'

In relation to the sex attacks, it stated: 'Mr Morrison had breached the trust placed on him by targeting, grooming and coercing victims.

'He had a history of domestic violence and had used power and control over partners in his relationships.'

The report continues: 'Against that background and in the absence of sufficient change since his last parole hearing, the panel concluded that Mr Morrison was not yet ready to be safely released to the community under the conditions proposed by his probation officer.

oard

At his first trial for fraud, the full extent of Morrison's deceit was laid bare in breathtaking detail during a court case that often descended into farce.

Jamaican-born Morrison, then aged 48, of Hyde, Cheshire, was convicted of 22 charges including perjury, perverting the course of justice and obtaining money by deception.

The court was told that Morrison, who is believed to have fathered nine children by various women, had given his 'expert' opinion in over 700 cases, including murder trials, armed robbery, drugs and accidents.

Rather than an expert, Morrison, dubbed 'Rocky' in his hometown, had left school with no qualifications and decided to become a forensic scientist after spotting an advert in a detective magazine offering correspondence degrees customers could buy.

His firm Criminal and Forensic Investigation Bureau was set up in 1977 with Morrison heading it after buying a fake BSc in Forensic Sciences from the bogus Rochville University in the United States.

The fraudster hired a real forensic detective and used his work as his own, often charging twice what he paid. 

At other times, he cut and pasted old reports.

Appearing in court, he insisted on being referred to as Doctor throughout the entire trial, and the jury were supposedly reduced to laughter on many occasions throughout the proceedings.

Morrison will be eligible for a further parole review in two years time."

The entire story can be read at:

https://www.dailymail.co.uk/news/article-12152473/Fake-forensic-scientist-exposed-sex-predator-deemed-dangerous-jail-release.html

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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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