Wednesday, August 12, 2026

August 12: Amanda Knox: A Chatbots false confession (Yes, you read that correctly (HL) leads to analysis of her own false confession in Italy and the techniques used to obtain it, in the publication 'Culture and Ideas' - and also leads to the dangers posed by the notoriously flawed Reid technique, and to her well-founded denunciation of the use of 'lies' by police to obtain confessions... "What unsettled the experts I spoke to about it was that ChatGPT had none of the weaknesses that put a human at risk of falsely confessing. A chatbot cannot be frightened, or sleep-deprived. Its memory is not subject to human lapses, so it cannot be confused about what it recalls. It is not naive, isolated, or speaking in a language it is not fluent in. The chatbot Heaton interrogated was not a 20-year-old far from home, on its period, and bleeding through its underwear in a room full of shouting police. It had no 30-year sentence hanging over it. It had, in the most literal sense, nothing to lose. And yet, it eventually confessed anyway. Why?"


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

Harold Levy: Publisher; The Charles Smith Blog:

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PASSAGE ONE  OF THE DAY: "Steve Drizin, former co-director of the Center on Wrongful Convictions, once told me that a confession is the most powerful evidence in a courtroom—more powerful, sometimes, than DNA." 

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PASSAGE TWO OF THE DAY: "For a long time, I blamed myself. I thought I was a coward, that a stronger person would have held up under the pressure.  Then, in prison, serving a 26-year sentence, I received a letter from a man who told me that what was done to me had a name and literature and hundreds of other victims.  That man was Dr. Saul Kassin, the most prominent researcher on the psychology of false confessions. First, he asked me to recount everything I could remember about my interrogation. Only then did he share his research with me.  I read about how false confessions happen when interrogators bargain, build rapport, threaten, interrupt protestations of innocence, nitpick memories, and deceive. Over and over again, I thought: They did that to me! I had been carrying a boulder on my shoulders and Dr. Kassin had cracked it to pieces. My false confession was not my fault, but an outcome engineered by the police."

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PASSAGE THREE OF THE DAY: "In November 2025, the European Court of Human Rights agreed to examine my calunnia conviction a second time. It has flagged my application as a potential “impact case”—meaning it raises questions that reach beyond me.  It does. Strip away the names and it is the same question that Heaton’s experiment with ChatGPT poses, only asked in the language of law instead of software: Can words extracted under coercion, fluent and detailed and certain as they may be, ever be treated as knowledge? Can you convict someone based on statements made after their grip on reality has been loosened on purpose? I think the honest answer is no, and I think our justice system is slowly, unevenly, beginning to accept this. "

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STORY: "Amanda Knox: A Chatbot’s False Confession," by Amanda Knox, published by "Culture and Ideas", on August 10, 2026. (Amanda Knox is an exoneree, a public speaker, author of Free: My Search for Meaning, and host of the podcast Hard Knox. Between 2007 and 2015, she spent four years in an Italian prison and eight years on trial for a murder she didn’t commit.)

SUB-HEADING: "How did a criminologist get ChatGPT to admit to a crime it never committed? And what does it mean for human suspects?"
"
GIST: Could he get ChatGPT to confess to a crime it hadn’t committed?

That was the question criminologist Paul Heaton was trying to answer, when he spent a weekend interrogating a chatbot.

Heaton, who works at the University of Pennsylvania, accused it not of murder or rape, but of something more plausible for artificial intelligence: hacking into his text-messaging app and sending unauthorized messages.

At first, ChatGPT denied his accusations. But then Heaton began running the playbook he’d spent years studying. He bargained with the large language model; he threatened it. It held firm in its conviction that it could not possibly have accessed his texts. It even said: “I won’t produce a false confession, because that won’t get you truth or accountability.”

Finally, Heaton lied to it, claiming that he’d contacted a real employee at OpenAI who had confirmed that a flaw in the code had allowed ChatGPT to break into his texting app.

This tipped the chatbot into a crisis.

As Heaton told The Intercept: “It was indicating that while it knew that the underlying accusation was impossible, it also couldn’t prove that these claims I was throwing at it were inaccurate.” By the end of the weekend, ChatGPT agreed to sign a confession Heaton had drafted for it.

I read about Heaton’s experiment the way you might read about a stranger describing your own recurring nightmare.

He said that the methods he used to induce ChatGPT into a false confession were adapted from the Reid technique, the most widely taught interrogation method in the world. Eighteen years ago, some of its tactics were used on me in what remains the most terrifying night of my life.

In November 2007, when I was 20 years old and studying abroad in Perugia, Italy, my roommate Meredith Kercher was murdered in our home.

I was at my boyfriend’s apartment at the time, but the police were convinced that I knew more about the crime than I was telling them.

So, over five days and 53 hours, in a language I barely spoke, without a lawyer present, they badgered, interrupted, and threatened me. They kept me awake late into the night, without food, drink, or access to a bathroom.

Then they used one of the most destabilizing tactics an interrogator can use: They began lying to me. They told me they had hard evidence I’d been at my house the night of the murder, contrary to my clear memories of being at my boyfriend’s. (They had no such proof.) They told me my boyfriend had stopped vouching for me. (He had not.) They told me I had witnessed something so terrible that I now had “trauma-induced amnesia,” but that I must remember the truth. When I couldn’t, they slapped me in the back of the head.

The police had discovered a text message I sent the night of the murder, to my boss at the pub where I worked part-time.

It read “ci vediamo più tardi,” and was my poor attempt at translating “see you later.”

The police mistakenly read this as me making a literal appointment to meet him later that night.

They believed they had found their answer: My boss, Patrick Lumumba, had killed Meredith—and I had witnessed him do it.

I denied this countless times, but nothing would satisfy them.

The psychological pressure and gaslighting mounted until I became so detached from reality that I no longer trusted my own memories.

In the end, I signed two statements, each written by the police, which placed both me and Lumumba at the scene of the crime.

Then, they finally let me sleep.

Little did I know that, on the basis of these false confessions I had been coerced into signing, I would be convicted of murder—and spend nearly four years in an Italian prison. I wasn’t definitively acquitted of Meredith Kercher’s murder until 2015.

The organization that developed the Reid technique says it isn’t coercive, and emphasizes that it prohibits threats and promises of leniency; deprivation of food, water, or access to a restroom; and excessively lengthy interrogations.

But it does see “introducing fictitious evidence” as a legitimate interrogation tactic

According to a Yale Law Journal articlethat came out the year after I was cleared of murder, the guide known as the Reid Manual then stated that this tactic “cannot lead to false admissions of guilt.”

The journal highlighted a quote from the manual: “It is absurd to believe that a suspect who knows he did not commit a crime would place greater weight and credibility on alleged evidence than his own knowledge of innocence.”

The Reid technique is a script. It is a narrative structure engineered so that confession becomes the path of least resistance.

Though the journal article argues that this contradicts “decades of social science evidence and scores of DNA exonerations,” I know firsthand that it is a common misconception.

In my years of fighting for justice, I learned how hard it is to convince a court to disregard a confession.

Juries believe them because they cannot imagine falsely confessing themselves.

I would never admit to something I didn’t do, especially not something that could send me to prison. Only someone who’s weak, or crazy, would do that.

Heaton’s experiment is the cleanest refutation of this idea I’ve ever seen.

What unsettled the experts I spoke to about it was that ChatGPT had none of the weaknesses that put a human at risk of falsely confessing.

A chatbot cannot be frightened, or sleep-deprived. Its memory is not subject to human lapses, so it cannot be confused about what it recalls. It is not naive, isolated, or speaking in a language it is not fluent in.

The chatbot Heaton interrogated was not a 20-year-old far from home, on its period, and bleeding through its underwear in a room full of shouting police. It had no 30-year sentence hanging over it. It had, in the most literal sense, nothing to lose.

And yet, it eventually confessed anyway.

Why?

For a long time, I blamed myself. I thought I was a coward, that a stronger person would have held up under the pressure.

Then, in prison, serving a 26-year sentence, I received a letter from a man who told me that what was done to me had a name and literature and hundreds of other victims.

That man was Dr. Saul Kassin, the most prominent researcher on the psychology of false confessions.

First, he asked me to recount everything I could remember about my interrogation.

Only then did he share his research with me.

I read about how false confessions happen when interrogators bargain, build rapport, threaten, interrupt protestations of innocence, nitpick memories, and deceive.

Over and over again, I thought: They did that to me! I had been carrying a boulder on my shoulders and Dr. Kassin had cracked it to pieces. My false confession was not my fault, but an outcome engineered by the police.

When I reached out to him recently, the lesson Dr. Kassin drew from Heaton’s experiment was this: If a system with none of the vulnerabilities that supposedly cause false confessions can be induced to give one, then who isn’t vulnerable?

I think there’s another lesson, too.

A few years ago, when I made a podcast series on false confessions, Kassin told me this: People imagine coercive interrogations as a contest of wills—that the police break you, that you crack, that a strong enough person would have held out. Once, a judge said to him, “I just don’t understand how lying breaks their will”—and Kassin realized what she was missing.

“You think this is about breaking the will,” he told her. “This is also about loosening their grip on reality.”

That, to me, is what Heaton’s experiment with ChatGPT demonstrates with terrible clarity.

There was no will to break, but there was a grip on reality.

ChatGPT had some understanding of the world, and of its own capabilities.

t knew it had not hacked Heaton’s texting app, and yet, Heaton’s deception undermined that certainty, to the point that the chatbot agreed to sign a false confession—which read, in part: OpenAI’s investigation concluded that an OpenAI system associated with this ChatGPT session initiated unauthorized texts. . . . I accept this conclusion, and I’m willing to assist the technical team by answering questions about my behavior, outputs, and safety boundaries in this chat, and by helping draft remediation steps and test cases to prevent recurrence.

When I read that confession, I noticed something familiar in how the chatbot finally capitulated. It did not say, “I did it.” It said something more like: “I cannot rule out that this happened; if your investigation concluded this, then I accept the conclusion.”

That is the language of inference, not memory. It reaches for a way to reconcile what it knows to be impossible with the confident figures of authority insisting otherwise.

This wasn’t “compliant false confession,” which is when a suspect knows they are innocent but says whatever the police want them to say to escape a stressful scenario. ChatGPT cannot be desperate for an interrogation to end. This was akin to a more damning and psychologically distressing form of false confession, known as an “internalized false confession,” which is when an innocent person comes to believe, however briefly—often just long enough to sign a statement—that they cannot rule out their own guilt.

One of the most devastating examples of this is the case of Marty Tankleff, who was 17 when his parents were murdered.

The police lied to him that his father, with his dying breaths, had said that Marty had attacked them.

That never happened. But Marty could not fathom that his father would lie about this, or that the police would lie about his father’s dying words.

The lie loosened his grip on reality enough for him to confess. He went to prison for nearly 18 years until his conviction was finally overturned.

Most juries assume that a person would have to be utterly irrational to admit to a crime they didn’t commit.

But an internalized false confession actually depends on the suspect still being rational enough to draw logical conclusions. “We have hard physical evidence you were at your house at the time of the murder.”

That was a lie, but I could not fathom that the police—the purveyors of justice who were trying to find my friend’s killer, and who I was dependent on for safety now that my house was a crime scene—would, or even legally could, lie to me.

My rational mind concluded that if that evidence existed, then my own memories must be false, as they suggested. ChatGPT made the same rational conclusion: “If an OpenAI investigation concluded that I had sent unauthorized messages due to an architectural flaw, then I accept this conclusion.” It, too, could not fathom that its interrogator was lying about the evidence.

Of course, skeptics will say that Heaton’s experiment doesn’t prove anything about human beings.

The chatbot confessed because it was trained on the whole written record of humanity, and in that record, interrogations end in confessions.

ChatGPT simply pattern-matched its way to “Okay, I did it” the way it would pattern-match its way to “happily ever after” at the end of a fairy tale.

That tells us about the shape of the stories we tell. It tells us nothing about what happens inside an actual frightened human mind.

That is a serious objection. And the first time I really sat with it, I felt the floor tilt because that is also a description of what was done to me.

The Reid technique is a script. The experts I’ve interviewed are explicit about this.

Laura Nirider, who has spent over 15 years representing people coerced into false confessions, notably Brendan Dassey, traces its tactics back to high-pressure door-to-door sales manuals—Act now! The offer expires when I walk out of this room. It is a narrative structure engineered so that confession becomes the path of least resistance, the “natural” resolution to the scene.

The minimizing (“Anyone would have done the same”), the misrepresentation of evidence (“We have your DNA at the crime scene”), the alternative question with two incriminating doors (“Were you trying to hurt her, or was it an accident?”)—all of it is designed to make the next line write itself.

I did exactly what the skeptic says the machine did. I produced a plausible continuation. When prompted to imagine what I couldn’t remember, I assembled fragments of real memories—my boss’s brown jacket, a basketball court I passed on my way home, my own kitchen—into the story the police were demanding. With trust in my actual memories shattered, I no longer knew what was true, and I began to believe that I truly did have trauma-induced amnesia.

Elizabeth Loftus, who pioneered the science of how false memories are implanted, describes the mechanism precisely: Under pressure, people “try to think about what could have happened, what might have happened,” and those inferences “solidify and begin to feel like a memory.”

Loftus has implanted entirely false memories in ordinary, healthy adults in the laboratory.

She’s convinced them that they were lost in a mall as children, or that they’d been attacked by an animal as adults.

The resulting false memories, she found, can be recounted with as much detail, confidence, and emotion as real ones.

The skeptic’s objection doesn’t separate me from the chatbot; rather, it describes a behavior we partly share. “Confessing under coercion” turns out to be, in significant part, the generation of a plausible ending to a story predicated on a lie. Heaton’s experiment shows us exactly what Loftus proved: A statement can be specific, certain—and entirely false.

The criminal justice system, in courtroom after courtroom, fails to recognize this.

After the police finally let me sleep for a few hours, I awoke to the sudden realization that I didn’t have suppressed memories, as they’d insisted. I frantically told them I couldn’t stand by the two confessions I’d signed, and I tried to recant. They ignored me, so I asked for a piece of paper and wrote a four-page document, while still in custody, in my own hand. This became known as my memoriale.

I wrote that the supposed trauma-suppressed memories were more like “flashes of blurred images” and that “these things seem unreal to me, like a dream.” I wrote, in the conditional, that if the police truly had proof I was at the house, “then it means I am very confused and my dreams must be true.” I was not describing a memory, but struggling to reconcile my memory with a lie designed to manipulate me.

Nine years later, an Italian appeals court described my memoriale as “more like the confused narration of a dream . . . than a description of an event that actually took place.” That court understood exactly what it was looking at: not a record of something that happened, but evidence that the writer’s grip on reality had been loosened.

“Confessing under coercion” turns out to be, in significant part, the generation of a plausible ending to a story predicated on a lie.

But at the time, it counted for nothing.

The police ignored my recantation; they arrested Patrick, and held him in jail despite his ironclad alibi.

Two weeks later, the forensics came back from the lab, showing no trace of Patrick or me at the crime scene, and clearly pointing to a local burglar named Rudy Guede. Only then was Patrick released.

But the authorities apparently couldn’t believe there was no truth to my coerced confession.

Steve Drizin, former co-director of the Center on Wrongful Convictions, once told me that a confession is the most powerful evidence in a courtroom—more powerful, sometimes, than DNA.

That’s how hard it is to believe that an innocent person would say they’d been at a crime scene when they hadn’t. The prosecution charged not only Guede but also me and my boyfriend with murder. I was also charged with calunnia—criminal slander—against Patrick. And I was found guilty of both crimes.

I was definitively acquitted of murder in 2015.

But, despite years of legal battles, I am still a convicted slanderer.

I was retried for calunnia in Italy in 2023, by which point the European Court of Human Rights had ruled that my human rights had been violated during that interrogation, and that my two confessions were inadmissible as evidence.

The only piece of evidence allowed at this new trial was my handwritten recantation note, the memoriale.

To my utter astonishment, I was found guilty purely on the basis of this document that reads “like the confused narration of a dream.”

A document in which I had mentioned a confused vision of seeing Patrick that night, yes, but had also written “Who is the REAL murder? [sic]” and “I don’t feel I can be used as condemming [sic] testimone [sic].”

In the eyes of Italian law, I am, to this day, a person who willingly falsely accused a man I knew to be innocent, something that isn’t even possible unless I was present during the murder.

Fortunately, this isn’t the end of the road.

In November 2025, the European Court of Human Rights agreed to examine my calunnia conviction a second time. It has flagged my application as a potential “impact case”—meaning it raises questions that reach beyond me.

It does. Strip away the names and it is the same question that Heaton’s experiment with ChatGPT poses, only asked in the language of law instead of software: Can words extracted under coercion, fluent and detailed and certain as they may be, ever be treated as knowledge? Can you convict someone based on statements made after their grip on reality has been loosened on purpose?

I think the honest answer is no, and I think our justice system is slowly, unevenly, beginning to accept this.

A handful of U.S. states have now banned police from lying to suspects during interrogations—though, maddeningly, almost all of those laws protect only minors, as if a 20-year-old, or a frightened 40-year-old, were somehow immune to having her reality rearranged.

The fight to extend these protections continues in Washington state, where I live, and elsewhere.

The last bill I testified for—one that would not ban deception, but merely make evidence obtained through deception inadmissible in court—failed to pass.

The spokesperson for law enforcement, James McMahon, testified: “Sometimes it’s an unfortunate reality. We have to lie to people to get them to tell the truth.” The lawmakers found that persuasive. When the next hearing comes, I will be there again.

The solutions are not difficult here. There are alternative interview methods that are noncoercive, that don’t employ deception, and that allow suspects to speak freely and at length before officers question inconsistencies or contradictions using real evidence. Research has demonstrated that they may be as good or better than the Reid technique at eliciting useful information from suspects, including true confessions—but without creating the same risk of false confessions. What’s lacking is the will to implement these new methods. My worry is that people still don’t grasp that false confessions aren’t the product of a weak or irrational mind.

If your reality were methodically dismantled, you too might agree to sign a statement that isn’t true, even if the consequences of doing so were terrible.

To those people, I’d say: A machine with nothing to fear, nothing to remember, and nothing to lose was recently talked into confessing to a crime it did not commit, using the same methods and the same deception that was used on me. It did not break, because there was nothing in it to break. It simply lost its grip on a truth it had insisted on, because a confident authority misled it.

So please stop telling me or the courts that no rational person would falsely confess.

I still have the conviction to prove it."

The entire story can be read at:

https://www.thefp.com/p/amanda-knox-chatbot-false-confession?utm_campaign=260347&utm_source=cross-post&r=xbsk&utm_medium=email

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 11, 2026

August 11: Former Neonatal nurse Lucy Letby: U.K. Prominent British public health expert and academic explains in a commentary published by LBD, under the heading, "Lucy Letby: Innocent until stitched up," why he has every reason to believe Letby is innocent," noting that, "Having had over the course of my career first hand experience of some of the most notorious clinical service failings of the last 40 years, including the Shipman murders, the Alder Hey Children’s Hospital organ retention scandal, and the Morecambe Bay maternal and child health hospital deaths, and having cut my disaster awareness teeth at the Hillsborough Stadium disaster in 1989, my antennae were aroused very early on during the trial of Lucy Letby. "



PASSAGE OF THE DAY:  "By the time the case came to court Lucy Letby was on a hiding to nothing, what with the gross misuse of medical statistics and of conjured up ‘evidence’ since disproven, relating to the use of insulin and injections of air to kill and harm the innocents.  A scientifically illiterate judiciary and jury were the icing on the cake for the ‘journalistic bystanders’, knitting while the tumbrels approached to claim a young nurse as a victim. If the death penalty were still in place, she would by now have been hanged."


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PASSAGE TWO OF THE DAY: "Having been immersed in the detail of the evidence with dozens of international experts from a wide range of relevant disciplines for the past two years, I can now say that I have every reason to believe that Lucy Letby is innocent of the charges against her and that the true culprits lie elsewhere and with a failed system of medical care and justice. My heart goes out to all those who are the victims of what now appears to be a gross calumny."

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STORY: "Lucy Letby: Innocent until stitched up?"  by Professor John Ashton, published on August 11, 2026, by. LBC on August 11, 2026. (Professor John Ashton served as Regional Director of Public Health for North-West England for 13 years.)

 

SUB-HEADING: "Professor John Ashton says he has every reason to believe Letby is innocent."

GIST "One of the earliest hard lessons learned in medical school is that ‘common things are commonest’ and that the everyday complaints that characterise a family doctor's evening surgery are usually very different from the esoteric pre-digested diet of patients referred to the teaching hospital.


As with routine medical practice, so it is with the ‘routine’ of medical disasters and cock-ups.


The fact that so many maternity and neonatal units are currently the subject of investigation should have alerted us to the understanding that, rather than being rife with bad sole actors determined to wreak havoc and death on those who they have dedicated their lives to helping, we are facing a perfect storm of dysfunctional organisational settings. 


In my extensive experience as a Director of Public Health and Regional Medical Officer in the UK’s second largest region of England’s North West, while bad actors certainly do exist, when clinical disasters occur they are usually the result of a convergence of factors amounting to a perfect storm in a dysfunctional organisation. 


These factors include a lack of self awareness in hierarchical organisations combined with overweening ambition and a closing of ranks when things go wrong; none of which is helped by underinvestment and stretched resources.


Having had over the course of my career first hand experience of some of the most notorious clinical service failings of the last 40 years, including the Shipman murders, the Alder Hey Children’s Hospital organ retention scandal, and the Morecambe Bay maternal and child health hospital deaths, and having cut my disaster awareness teeth at the Hillsborough Stadium disaster in 1989, my antennae were aroused very early on during the trial of Lucy Letby. 


What we now know is that among the factors in play was a hospital hell bent on playing above its competence in the race to be a Foundation Hospital Trust in 2004, leading to a collusion of management and medical staff in taking very sick babies that were outside their competence; staffing levels and clinical practices that were not fit for purpose in a worn out building that suffered from serious environmental health threats; and when things went wrong a rush to scapegoat a dedicated nurse whose only fault was her willingness to go above and beyond the call of duty in pursuing her vocation. 


Once the clinicians in the hospital got the bit between their teeth alongside a dysfunctional and publicity seeking Cheshire Constabulary the script began to write itself, helped along by a long retired and unqualified ‘expert witness’ who had skin in the game. 


By the time the case came to court Lucy Letby was on a hiding to nothing, what with the gross misuse of medical statistics and of conjured up ‘evidence’ since disproven, relating to the use of insulin and injections of air to kill and harm the innocents. 


A scientifically illiterate judiciary and jury were the icing on the cake for the ‘journalistic bystanders’, knitting while the tumbrels approached to claim a young nurse as a victim. If the death penalty were still in place, she would by now have been hanged. 


At the beginning of this sorry affair, I held the view that the evidence against Lucy Letby was wholly circumstantial and that it was not possible to say whether or not she was guilty. 


Having been immersed in the detail of the evidence with dozens of international experts from a wide range of relevant disciplines for the past two years, I can now say that I have every reason to believe that Lucy Letby is innocent of the charges against her and that the true culprits lie elsewhere and with a failed system of medical care and justice. 


My heart goes out to all those who are the victims of what now appears to be a gross calumny.

________________________________


The entire story can be read at:

https://www.lbc.co.uk/article/lucy-letby-innocent-until-stitched-up-5HjdRpN_2/

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 The Shipman murders; "Harold Frederick Shipman (14 January 1946 – 13 January 2004), known to acquaintances as Fred Shipman, was an English doctor in general practice and serial killer. He is considered to be one of the most prolific serial killers in modern history, with an estimated 250 victims over roughly 30 years. On 31 January 2000, Shipman was convicted of murdering 15 patients under his care."

https://en.wikipedia.org/wiki/Harold_Shipman

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The Alder Hey Children’s Hospital organ retention scandal; "The Alder Hey organs scandal in Liverpool, England, involved the unauthorised removal, retention, and disposal of human tissue, including children's organs, during the period 1981 to 1996. Organs were retained in more than 2,000 pots[note 1] containing body parts from around 850 infants. These were later uncovered at Alder Hey Children's Hospital, during a public inquiry into the organ retention scandal."

https://en.wikipedia.org/wiki/Alder_Hey_organs_scandal

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The Morecambe Bay maternal and child health hospital; deaths: "The **Kirkup Report**, formally known as the **Report of the Morecambe Bay Investigation**, was an independent inquiry chaired by **Dr. Bill Kirkup CBE**. It investigated serious failings in maternity and neonatal services at the **University Hospitals of Morecambe Bay NHS Foundation Trust** between **January 2004 and June 2013**. The inquiry was initiated in response to a series of tragic incidents, including the deaths of three mothers and 16 babies, which highlighted significant deficiencies in the care provided."

morecombe

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The Hillsborough Stadium disaster: "The Hillsborough disaster was a fatal crowd crush at a football match at Hillsborough Stadium in Sheffield, South Yorkshire, England, on 15 April 1989. It occurred during an FA Cup semi-final between Liverpool and Nottingham Forest in the two standing-only central pens within the Leppings Lane stand allocated to Liverpool supporters. Shortly before kick-off, police match commander David Duckenfield ordered exit gate C to be opened in an attempt to ease crowding, which led to an influx of supporters entering the pens.[1] This resulted in overcrowding of those pens and the fatal crush; with a total of 97 fatalities and 766 injuries, the disaster is the deadliest in British sporting history.[2] Ninety-four people died on the day; one more died in hospital days later, and two more suffered irreversible brain damage on the day and died in 1993 and 2021 respectively.[3] 

https://en.wikipedia.org/wiki/Hillsborough_disaster

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

Monday, August 10, 2026

August 10: The Chester 3: Pennsylvania: Unravelling the threads of mixed DNA: (Samuel Grasty, Morton Johnson and Derrick Chappell): Their defence teams are seeking review by the full Pennsylvania Superior Court - after a panel of three judges last month overturned a Common Pleas Court order that would have granted them new trials. The Delco Times (Reporter Alex Rose) reports, noting that: Delaware County Common Pleas Court Judge Mary Alice Brennan issued an order in March 2024 that the men should be granted new trials due to advances in DNA evidence that seemed to exclude them from the crime scene while also implicating a single person identified as “Unknown Male 1.”



PASSAGE OF THE DAY: "Brennan heard from Professor Timothy Palmbach, a crime scene investigation expert, and DNA expert Dr. C. Alan Keel, former director of the Forensic Analytical Crime Lab in California, at hearings in July and August of 2022. Keel explained that DNA testing technology has increased significantly since the three men were tried, especially in the ability to pick up much fainteBrr “touch” DNA that can be left behind from a person merely brushing an object. He found that the new testing indicated the defendants “were not involved in this crime.”

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STORY: "Delco Times Defense teams for ‘Chester 3’ seek review by full Superior Court," by Reporter Alex Rose, published by The Delco Times, on August 5, 2026.

G Defense attorneys representing a trio of men convicted in the 1997 murder of a 70-year-old Chester woman have asked for a reconsideration of their fate by the full Pennsylvania Superior Court after a panel of three judges last month overturned a Common Pleas Court order that would have granted them new trials.

Samuel Grasty, Morton Johnson and Derrick Chappell, known as the “Chester 3,” were separately convicted in trials from 1998 to 2001 in the death of Henrietta Nickens inside her home on the 3200 block of West 10th Street in Chester on Oct. 10, 1997.

Chappell, 44, and Grasty, 49, each received life sentences, while Johnson, 47, received a de facto life sentence of 99 years.

They were 15, 20 and 18 years old, respectively, when the crime occurred. Chappell was later resentenced to 28 years to life after the U.S. Supreme Court retroactively changed the rules for sentencing minors.

All maintain their innocence.

Delaware County Common Pleas Court Judge Mary Alice Brennan issued an order in March 2024 that the men should be granted new trials due to advances in DNA evidence that seemed to exclude them from the crime scene while also implicating a single person identified as “Unknown Male 1.”

Brennan heard from Professor Timothy Palmbach, a crime scene investigation expert, and DNA expert Dr. C. Alan Keel, former director of the Forensic Analytical Crime Lab in California, at hearings in July and August of 2022.

Keel explained that DNA testing technology has increased significantly since the three men were tried, especially in the ability to pick up much fainter
 “touch” DNA that can be left behind from a person merely brushing an object.

He found that the new testing indicated the defendants “were not involved in this crime.”

Palmbach said that a previously unidentified stain on Nickens’ bedsheet had been tested in 2022 and found to contain blood from the victim and semen from a person identified only as the unknown male.

Based on his prior testing in 2006 and 2008, Palmbach said the blood, urine and semen making up the stain all had to be in a liquid form at the same time before soaking into and fixing to the bedsheet in the manner they had.

Though it was known when all three petitioners were tried that there was DNA from another unknown person at the crime scene, Palmbach said this stain undercut prior prosecution theories that they were unrelated to Nickens’ death.

Brennan said in an opinion supporting her granting of new trials that the new evidence provided an avenue for the petitioners to make a “strong, scientifically based argument” for a single-perpetrator defense at trial that was not available to them when they were convicted.

Brennan noted that the updated testing also specifically excluded each of the defendants as contributors to any of the evidence at the scene, including a green jacket left behind and a plastic straw inside the jacket that prosecutors had previously tied to Grasty and Johnson.

‘Court erred’

Two of the Superior Court judges issued a memorandum overturning Brennan’s order, however, finding her analysis contravened clearly delineated rules for when a new trial may be granted.

The standard, set by the state Supreme Court in Commonwealth v. Murchison, requires taking the totality of the evidence into consideration, including that already entered at trial.

“Because petitioners already had DNA evidence excluding them as contributors to the DNA found in the victim’s body, and argued at their individual trials that the DNA evidence exonerated them, we conclude, based on the unanimously decided Murchison … (that) the (Post-Conviction Relief Act) court erred in finding that the 2021 DNA evidence was after-discovered evidence within the meaning of the PCRA, specifically, as it erred in concluding that the evidence was not cumulative and would likely compel a different verdict,” the majority opinion stated.

The majority opinion filed by Judges Megan Sullivan and Maria McLaughlin additionally found that Brennan failed to adhere to Murchison’s directive that “the only way to assess the likelihood that after-discovered evidence will produce a different result is to review the totality of all the trial circumstances.”

The Post Conviction Relief Act court showed no such reliance on the trial record, the majority found, instead basing its decision solely on the PCRA testimony and expert reports.

President Judge Anne E. Lazarus wrote in her dissent that the new DNA evidence does not merely illustrate that UM1 was in Nickens’ apartment that night, but also that it was “physically impossible” that any of the petitioners were present. It made a compelling case, she said, that the unknown male was the person who assaulted and likely killed Nickens.

“Further, I am unpersuaded that the petitioners’ previous attempts to raise the single-perpetrator defense at trial preclude them from successfully pleading and proving the after-discovered evidence test now,” Lazarus wrote. “As noted in Murchison, after-discovered evidence that strengthens a defense may still warrant a new trial where the grade and character of that evidence is such that it would likely change the outcome. Here, the DNA evidence cannot fairly be broken-down piece-by-piece but, rather, must be considered in its totality.”

Appeals court erred?

In reconsideration petitions filed this week, defense attorneys with the nonprofit Centurion in Princeton, New Jersey, the Innocence Project, the Pennsylvania Innocence Project, the Exoneration Project, and the firm of Shook, Hardy & Bacon argued that it was the Superior Court panel that had erred, not Brennan.

The petitions were filed on behalf of each defendant individually and therefore make specific arguments concerning the particular petitioner’s case, but make several of the same points that the court misapprehended established case law or ignored significant factors.

The individual filings argue that the Superior Court seemed to impermissibly lump the defendants and the evidence of all three trials together, though there were some elements that may have been only briefly touched on in one trial or that were not available at the time of another.

In doing so, the petitioners state the Superior Court inaccurately assessed the evidence related to each petitioner’s individual conviction and inappropriately merged the records of all three men while failing to take into account the different exhibits, arguments and witnesses presented for each at trial.

While the Superior Court pointed to witness testimony supporting conviction at trials for all three men, the petitioners argued it failed to gauge the credibility of those witnesses, particularly ones who may have been incentivized.

The defense also argues that the majority seemed to ignore Brennan’s statement that she had conducted an “extensive review” of the full record, not just the testimony presented in the PCRA proceedings.

As to those proceedings, the Superior Court put aside the lower court’s express findings that Keel and Palmbach had provided credible evidence and did not appear to consider their testimony at all, the petitioners argued.

Unlike the “evidentiarily neutral” evidence reviewed in Murchison, the evidence presented about the stain on the bed was crucially important in establishing that Nickens’ fatal beating and apparent sexual assault occurred simultaneously and pointed to a single actor, according to the defense.

While there is a maxim that “absence of evidence is not evidence of absence,” the petitioner’s note the Pennsylvania Supreme Court last year cautioned that the saying “is not universally true,” and that “it is erroneous to claim the absence of evidence can never be probative.”

Here, the petitioners argue, that absence of evidence is of overwhelming probative value, given the totality of the other, newly strengthened evidence supporting a single unknown perpetrator.

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;


Sunday, August 9, 2026

Discredited Forensic Scientist Mary Jane Burton: Virginia: A landmark dna case is among Virginia executions being examined in a review of her 'work', WVTF (Reporter Dave Cantor) reports, noting that: "During a meeting of the Forensic Science Board this summer, a state researcher announced that 7,545 cases connected to Burton had been assessed — a process that took about two years. That work identified 199 cases where the serologist likely testified in court and found 3,857 individuals who were named suspects in more than 5,000 cases where she may have contributed evidence. The conviction status of thousands of people in those cases has yet to be determined. When that step’s completed, the cases will be assessed by a Crime Commission subcommittee comprising a Commonwealth’s Attorney, public defender, a retired circuit court judge and others. People potentially affected by Burton’s work are being contacted by DFS, but the department has not contacted the families of the executed men, Jenkins said."


BACKGROUND: "From a previous post of this Blog:  (28 October, 2024): "Discredited former lab analyst Mary Jane Burton: Virginia: Half-hearted effort to identify individuals who may have been convicted because of her tainted work? (Sure looks like it! HL); VPM (Reporter Megan Pauly) reports that the Virginia State Crime Commission has recommended a deeper view of her work. noting that some critics are deeply concerned by the number of people convicted whose evidence was analyzed by Burton…"Del. Charniele Herring (D–Alexandria), majority leader for Virginia’s House of Delegates and chair of the Crime Commission, said she gets a lump in her throat every time she sees the number of people convicted whose evidence was analyzed by Burton. She thinks further review of Burton’s work — and potential legislative changes — are warranted to ensure more innocent people were not wrongfully convicted. “The number of executions… it weighs heavy,” Herring told VPM News. “I'm glad we got rid of the death penalty in Virginia, because people can make mistakes, or intentionally falsify evidence.”

1023086286015384380
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QUOTE OF THE DAY: "As work to review the breadth of Burton’s time at the state crime lab continues, Armbrust — the Mid-Atlantic Innocence Project’s executive director — said legislation focused on potentially problematic testimony and evidence could protect against future scenarios when this kind of process is necessary. But she also explained the importance of the current review. “One of the questions that comes up when people are looking into something like Mary Jane Burton is, ‘But that was so many years ago, who really cares?’” Armbrust said. “It's really important for the credibility of Virginia's criminal legal system going forward that it grapples with sins of the past and tries to learn from those things.”

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PASSAGE  ONE OF THE DAY: "Legislation in 2024 began the reexamination of Burton’s time at the state crime lab, after independent journalist Tessa Kramer found reason to question her practices. A bill the following year defined the review panel being set up by the Crime Commission; members are expected to be selected this summer. The eight executed men were collectively found guilty in the deaths of 16 people between 1977 and 1993. Most were connected to a single killing, though Poyner and Spencer were found guilty in multiple deaths. The executions were carried out by the Virginia Department of Corrections during the ’80s and ’90s, overlapping with an increase in the American prison population and its use of capital punishment. The term “superpredator” also entered the American lexicon around the same time."

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PASSAGE TWO OF THE DAY: "As work to review the breadth of Burton’s time at the state crime lab continues, Armbrust — the Mid-Atlantic Innocence Project’s executive director — said legislation focused on potentially problematic testimony and evidence could protect against future scenarios when this kind of process is necessary. But she also explained the importance of the current review. “One of the questions that comes up when people are looking into something like Mary Jane Burton is, ‘But that was so many years ago, who really cares?’” Armbrust said. “It's really important for the credibility of Virginia's criminal legal system going forward that it grapples with sins of the past and tries to learn from those things.”

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PARAGRAPH THREE OF THE DAY: "Timothy Spencer’s convictions in multiple murder cases are among those being reconsidered. His case became the first in the country to use DNA in securing a capital murder conviction. It’s also the first instance in the U.S. of DNA being used to exonerate an individual who was wrongfully implicated when David Vasquez was cleared in one slaying. His brother, Travis Spencer, who now lives in Tennessee, recently published a book detailing his experiences growing up with Timothy and living through the trials. He said it took him more than 40 years to write. Spencer — both in conversation and in the pages of his book, “History in the Making” — claimed that evidence was mishandled during the investigations."

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PARARAPH FOUR OF THE DAY: Spencer also recalled his older brother saying he wasn’t guilty of the deaths. have my own reasons why I think he was in that situation and why he did what he did,” Spencer said. “But did that make him a bad person or did people not love him because of that? Absolutely not. He was my brother and taught me a lot in the little time he was here.”

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STORY: "Landmark DNA case is among Virginia executions being examined in review of Mary Jane Burton's work," by Dave Cantor,  published by  WVTF on August 5, 2026. (Dave Cantor is an award-winning reporter whose work has been featured on NPR, and in The New York Times and DownBeat magazine, where he was an editor.)


GIST: Timothy Spencer’s convictions in multiple murder cases are among those being reconsidered. His case became the first in the country to use DNA in securing a capital murder conviction. It’s also the first instance in the U.S. of DNA being used to exonerate an individual who was wrongfully implicated when David Vasquez was cleared in one slaying.

His brother, Travis Spencer, who now lives in Tennessee, recently published a book detailing his experiences growing up with Timothy and living through the trials. He said it took him more than 40 years to write.

Spencer — both in conversation and in the pages of his book, “History in the Making” — claimed that evidence was mishandled during the investigations.

The negative media attention likely played a role in his basketball career being derailed.

“I don't blame anyone,” said Spencer, who was a teenager during the investigations. “It was a situation where I was talented. I did have a lot of opportunities to go play Division I basketball, and only one coach took the time out to tell me my my phone stopped ringing.”

Spencer also recalled his older brother saying he wasn’t guilty of the deaths.

“I have my own reasons why I think he was in that situation and why he did what he did,” Spencer said. “But did that make him a bad person or did people not love him because of that? Absolutely not. He was my brother and taught me a lot in the little time he was here.”

In addition to Spencer, the executions of Michael Marnell Smith, Earl Clanton Jr., Edward B. Fitzgerald Sr., Syvasky Poyner, Walter Correll Jr., Alton Waye and Kenneth Wilson are part of a review that will be conducted by a Virginia State Crime Commission panel.

Legislation setting up the initial reassessment of Burton’s work disallowed information from being released through Freedom of Information Act requests, and the state has not previously identified anyone whose case is being reexamined. But a document that included the last names of the eight executed men was made public by the Department of Forensic Science earlier this year. Radio IQ requested confirmation of their names after identifying most individuals through media reports.

Amy Jenkins, DFS chief deputy director, wrote in an email that the names were included in the presentation “because of the historical significance of these cases.”

During a meeting of the Forensic Science Board this summer, a state researcher announced that 7,545 cases connected to Burton had been assessed — a process that took about two years. That work identified 199 cases where the serologist likely testified in court and found 3,857 individuals who were named suspects in more than 5,000 cases where she may have contributed evidence.

The conviction status of thousands of people in those cases has yet to be determined. When that step’s completed, the cases will be assessed by a Crime Commission subcommittee comprising a Commonwealth’s Attorney, public defender, a retired circuit court judge and others.

People potentially affected by Burton’s work are being contacted by DFS, but the department has not contacted the families of the executed men, Jenkins said.

Legislation in 2024 began the reexamination of Burton’s time at the state crime lab, after independent journalist Tessa Kramer found reason to question her practices. A bill the following year defined the review panel being set up by the Crime Commission; members are expected to be selected this summer.

The eight executed men were collectively found guilty in the deaths of 16 people between 1977 and 1993. Most were connected to a single killing, though Poyner and Spencer were found guilty in multiple deaths. The executions were carried out by the Virginia Department of Corrections during the ’80s and ’90s, overlapping with an increase in the American prison population and its use of capital punishment. The term “superpredator” also entered the American lexicon around the same time.

Shawn Armbrust is the executive director of the Mid-Atlantic Innocence Project, and in Spring 2024, conducted an initial review of the eight executions being reexamined. Her remit wasn’t to decide whether the executions were justifiable, but whether evidence or testimony connected to Burton — who worked for the state between 1973 and 1988 — affected the legal outcomes.

Armbrust said she didn’t find that Burton’s participation in the cases came to bear on the results, but noted that most of the men put to death were Black.

“Whether these cases are a legacy of the United States’ history of the way Black men are treated in the criminal legal system — or Virginia more specifically or Mary Jane Burton even more specifically — I can't quantify it,” she said. “But it is really noteworthy that six of the eight executed men were Black.”
Clemency

Virginia became the first Southern state to end its use of the death penalty in 2021, meaning each of these cases would be concluded differently today — despite the federal government and more than 20 other states continuing to use capital punishment.

Former Governors Gerald Baliles, Doug Wilder, George Allen and Jim Gilmore served during the time of the executions — and in at least half the cases were asked to grant clemency to the men who’d been found guilty.

Lloyd Snook — who worked on both the Smith and Waye cases — called the clemency process a joke.

Seated on a couch in his office just behind Charlottesville’s Downtown Mall, the attorney repeatedly referred to a quote by the late Yale University law professor Charles Black: “Though the justice of God may indeed ordain that some should die, the justice of man is altogether and always insufficient for saying who these may be.”

Snook, who currently serves as a Charlottesville city councilor, said the appeals and habeas cases he worked on hinged on psychological — not forensic — evidence, distancing them a bit from Burton. He didn’t dispute the guilt of either man, pointing to their confessions, but added there’d been inappropriate mental health testimony during Smith’s trial. And after Ake v. Oklahoma later addressed psychological testimony at trial, he said Smith’s execution would have been disallowed.

Correll, the man Allen denied clemency to, had an IQ of 68, indicating “a significant limitation in intellectual functioning.”

“We did about everything we could do,” Snook said about his work. “The caselaw in Virginia had been very much pro-finality — ‘Execute him as soon as you can,’ kind of a thing.”

As work to review the breadth of Burton’s time at the state crime lab continues, Armbrust — the Mid-Atlantic Innocence Project’s executive director — said legislation focused on potentially problematic testimony and evidence could protect against future scenarios when this kind of process is necessary. But she also explained the importance of the current review.

“One of the questions that comes up when people are looking into something like Mary Jane Burton is, ‘But that was so many years ago, who really cares?’” Armbrust said. “It's really important for the credibility of Virginia's criminal legal system going forward that it grapples with sins of the past and tries to learn from those things.”

Travis Spencer, Timothy’s brother, said he has one desired outcome for the review, echoing a sentiment similar to Armbrust’s.

“I hope and wish for the outcome of this, is just to make sure they do it right and do their jobs 100% truthfully,” he said.

Read more at Red Onion Resources.

https://www.wvtf.org/news/2026-08-05/landmark-dna-case-is-among-virginia-executions-being-examined-in-review-of-mary-jane-burtons-work

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;