Sunday, September 13, 2026

September 13: Geauga's Child: Rural Ohio: Reporter Lauren Conlin (Los Angeles Magazine) raises many important questions as she tackles the complex story behind the documentary film Baby Doe, in her review headed , "She Left Her Newborn in the Woods. 30 Years Later, DNA Led Police to Her Door," and sub-headed, "Baby Doe director Jessica Earnshaw opens up about Gail Ritchey’s shocking cold case…and why the story of a mother accused of murder is far more complicated than the headlines suggest', noting that: "Thirty years ago, Gail Ritchey gave birth alone and left her newborn baby in the woods of rural Ohio. For nearly three decades, no one knew who the baby’s mother was. Then… DNA changed everything."..."



PASSAGE OF THE DAY: "Ritchey, by then a suburban mother of three with a husband, adult children and an entirely different life, was linked to the long-unsolved case known as “Geauga’s Child.”  She was arrested and accused of murder. It sounds like the setup for a fairly straightforward true-crime documentary. But it isn’t. In Baby Doe, director Jessica Earnshaw (Jacinta) takes viewers inside Ritchey’s case while forcing them to sit with a series of deeply uncomfortable questions: What if the person accused of something horrific doesn’t fit neatly into our idea of a murderer? What happens when shame becomes so powerful that a person appears capable of denying her own pregnancy? And how should the justice system deal with a woman decades after the alleged crime?

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PASSAGE TWO OF THE DAY: "So what happened to Gail Ritchey? Did she go to trial? Was she convicted? You’ll have to watch the film. Baby Doe debuted at the SXSW film festival and boasts Sarah Paulson as an executive producer. The film will be available on VOD beginning Sept. 17."

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STORY: "She Left Her Newborn in the Woods. 30 Years Later, DNA Led Police to Her Door, by Lauren Conlin, published by Los Angeles Magazine; (Lauren Conlin is an independent crime and entertainment reporter.) 

SUB-HEADING: "Baby Doe director Jessica Earnshaw opens up about Gail Ritchey’s shocking cold case…and why the story of a mother accused of murder is far more complicated than the headlines suggest

GIST:Thirty years ago, Gail Ritchey gave birth alone and left her newborn baby in the woods of rural Ohio.

For nearly three decades, no one knew who the baby’s mother was.

Then… DNA changed everything.

Ritchey, by then a suburban mother of three with a husband, adult children and an entirely different life, was linked to the long-unsolved case known as “Geauga’s Child.”

She was arrested and accused of murder. It sounds like the setup for a fairly straightforward true-crime documentary. But it isn’t.

In Baby Doe, director Jessica Earnshaw (Jacinta) takes viewers inside Ritchey’s case while forcing them to sit with a series of deeply uncomfortable questions: What if the person accused of something horrific doesn’t fit neatly into our idea of a murderer? 

What happens when shame becomes so powerful that a person appears capable of denying her own pregnancy? And how should the justice system deal with a woman decades after the alleged crime?

Earnshaw told Los Angeles Magazine she actually became interested in those questions before she ever met Ritchey.

Her research began with the case of Emily Weaver, another young Ohio woman whose story appears in the film. 

Weaver was initially sentenced to life without parole before later being resentenced to 20 years for leaving her newborn to die. 

As Earnshaw researched Weaver’s case and spoke with attorneys and experts around the country, she began noticing similarities among cases involving young women accused after concealed or denied pregnancies.

“I just found it so fascinating, especially the body’s response to that denial,” Earnshaw said, describing situations in which a pregnancy may not be recognized by the woman herself — or even by people around her.

Then she found Gail.

Ritchey’s case had gone cold for 27 years.

 By the time investigators came knocking, she was no longer the frightened young woman she had been when the baby was born.

 She was a mother and grandmother. 

Earnshaw traveled to Ohio and approached Ritchey and her husband, Mark, about filming them. Initially, Gail wanted nothing to do with it. 

The media attention surrounding her arrest had already been devastating to her family.

But when Earnshaw told her about Weaver, Gail changed her mind. According to Earnshaw, Ritchey agreed to participate because she hoped telling her own story might somehow help another woman facing life behind bars.

That decision gave Earnshaw extraordinary access to a family trying to understand how the woman they knew could possibly be the same woman described in the criminal allegations against her. 

And Baby Doe doesn’t make that easy for the viewer, either.

On a personal level, our own feelings about Ritchey changed repeatedly while watching the film. 

There were moments when I felt sympathy for her and others when I was horrified by what I was hearing. Earnshaw said that evolving reaction was remarkably similar to her own experience behind the camera.

When she first met Gail, Earnshaw said she liked her and immediately sensed that she was carrying an enormous emotional weight. 

Rather than immediately sitting her down for formal interviews, Earnshaw spent roughly three months simply filming around her… watching her interact with her family and observing preparations for trial.

But there were moments that left even Earnshaw scratching her head. Gail could remember certain factual details from decades earlier, she said, while seemingly having almost no access to the emotions surrounding them.

“There’s this whole period of time she’s completely blocked out,” Earnshaw explained. “The details she has, but how she felt about certain things is just not there.”

Slowly, Earnshaw said, the layers began coming off.

“The film is the journey I was on, actually, behind the camera,” she told me.

One of the biggest pieces of that puzzle involved Gail’s religious upbringing and the intense shame she associated with premarital sex.

 Earnshaw came to see denial itself as an important part of understanding Ritchey’s story (not as an excuse for what happened); as a psychological mechanism for avoiding a reality a person feels incapable of confronting. 

Ritchey and her husband Mark were and are deeply religious.

This is noteworthy because Baby Doe does not ask viewers to pretend that leaving a newborn alone is anything other than horrifying.

The film asks them to consider whether understanding why something happened matters when deciding how and how severely…someone should be punished.

And then the film drops another bombshell.

During the investigation, Ritchey revealed that “Geauga’s Child” was not the first baby she had delivered alone.

According to Earnshaw, detectives did not uncover that information independently. Gail told them about an earlier pregnancy herself when being questioned initially by police. 

She said she had not known she was pregnant until she suddenly gave birth while sitting on a toilet. 

Believing that baby was stillborn, she said, she placed the infant in a bag and left it outside a medical building.

Investigators searched for evidence of that child, but Earnshaw said no record was located showing that a dead baby had ever been found outside the building.

 That means one of the most startling questions raised by the documentary remains unanswered.

What actually happened to that baby?

“We don’t know anything about this baby,” Earnshaw said. “It was never found, never documented it was a dead baby. Maybe it was alive and maybe that baby is alive today. Who knows?”

The revelation makes Gail’s story substantially harder to process. 

But another pivotal moment comes when Gail is finally confronted with photographs of the baby at the center of the criminal case.

Earnshaw said she witnessed an unmistakable change.

Before seeing the images, Gail appeared profoundly disconnected from what had happened. Afterward, Earnshaw said, the way she spoke about the child was “completely night and day.”

“She no longer called it an ‘it,’” Earnshaw recalled. “It was a boy.”

Earnshaw said Gail now struggles to discuss the baby without breaking down.

That transformation sits at the heart of Baby Doe.

The film explores pregnancy denial and the complicated medical and psychological questions surrounding it, but it also looks at something much bigger: what happens when fear, religion, sexuality and shame collide? 

Particularly for young women who believe there is nobody they can safely tell they are pregnant.

Earnshaw said many of the women she encountered while researching these cases were teenagers or in their early 20s.

“For the girl to be so terrified…if I had nobody in my life I could tell I was pregnant, that is a tragedy to me,” she said. She believes society has to examine its own role in creating that fear.

“These are young people who, if they don’t have anybody they can turn to, that’s completely heartbreaking,” Earnshaw said. “It’s so driven by fear and stigma.”

When she has asked experts how cases like these can be prevented, she said the answer is often remarkably simple: Make sure your children know they can tell you if they’re pregnant.

“No one’s going to be mad,” Earnshaw said. “It’s a safe place.”

The film also brings up very difficult questions about punishment.

Is a woman who concealed a pregnancy and abandoned a newborn someone society needs to hold accountable? Of course. That’s not in dispute.

But what should that accountability look like? And if investigators identify that woman through DNA decades later, when she has built an entirely different life and has never been accused of similar violence since, does putting her in prison for life serve justice?

Those questions become even more complicated when pregnancy denial, mental health, family dynamics and religious shame enter the equation.

There aren’t comfortable answers here. That’s precisely why Baby Doe works.

It doesn’t require viewers to forgive Gail Ritchey. It doesn’t demand that they condemn her, either. 

Earnshaw leaves enough room for viewers to be horrified, empathetic, angry and confused… sometimes within the same scene. And that’s intentional.

“What I love about hearing from people who watch the film is just that they have conversations about it,” Earnshaw told me. “We see what’s on the news and it’s just kind of very one dimensional, but these cases are very interesting and very complex, and I think they deserve a conversation.”

After watching Baby Doe, that conversation may be unavoidable.

So what happened to Gail Ritchey? Did she go to trial? Was she convicted? You’ll have to watch the film.

Baby Doe debuted at the SXSW film festival and boasts Sarah Paulson as an executive producer. The film will be available on VOD beginning Sept. 17."



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;


Saturday, September 12, 2026

September 12: Russell and Kaye Maze: Tennessee: Shaken Baby Syndrome: More positive news in the battle against junk science: The Nashville couple have been cleared to fight 1999 baby death convictions after the doctor who performed the original autopsy (Dr, Bruce Levy HL) recanted his own testimony about how their son died, Hoodline (Reporter David Garcia) reports, noting that: "Dr. Bruce Levy, who performed the original autopsy, recanted his prior sworn testimony about Bryan Alexander's death in September 2024, according to the Banner's account of the case. Levy concluded that Bryan Maze's brain showed no indication of prior trauma or abuse at the time of death, and he attributed the residual brain lesions to a natural disease process rather than to inflicted trauma. Separately, according to the dossier's timeline, Levy stated in a recantation affidavit that he had never been provided critical medical records during his initial 2000 autopsy, including maternal obstetric records detailing a troubled pregnancy and neonatal intensive care logs, as reported by ProPublica."



PASSAGE ONE  OF THE DAY: "Two state prosecutors uninvolved in the Maze case, Amy Hunter and Jeff George, submitted sworn affidavits supporting review of the convictions.  Hunter said a responsible prosecutor would not proceed with a homicide prosecution based on inflicted head trauma without addressing evidence that the death was natural. George said he would not continue a prosecution if medical examiners concluded the death resulted from natural disease rather than homicide, according to the Banner's account. Even law enforcement's own investigators have acknowledged missteps."

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PASSAGE TWO OF THE DAY: "For Russell Maze, who entered prison in 1999 at age 33 and has spent more than two decades behind bars maintaining his innocence, the Tennessee Supreme Court's ruling represents the first real procedural opening in years. Whether it ultimately translates into a new trial, or into the exoneration his family has long sought, now rests with Judge Dozier's court."

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STORY: "Nashville couple cleared to fight 1999 baby death convictions after ME ( Medical Examiner. HL) recants," by Reporter David Garcia, published by Hoodlike, on September 9, 2026.

GIST: "Russell Maze has spent more than two decades in prison for the death of his infant son, convicted twice in connection with injuries the state said killed the boy in 1999. 

Now the Tennessee Supreme Court has cleared the way for Russell and his wife, Kaye Maze, to pursue post-conviction relief, after the doctor who performed the original autopsy recanted his own testimony about how their son died.

The case centers on Bryan Alexander Maze, known as Alex, who stopped breathing while alone with his father on May 3, 1999, and died in October 2000, about 17 months later, according to facts reported by the Nashville Banner

Alex was placed in foster care after the initial incident, per the same reporting. Russell Maze was convicted twice of abusing his son and causing injuries that ultimately killed him, while Kaye Maze accepted a best-interest plea deal for reckless aggravated assault and received a two-year suspended sentence with three years of probation.

A Medical Examiner Changes His Mind

Dr. Bruce Levy, who performed the original autopsy, recanted his prior sworn testimony about Bryan Alexander's death in September 2024, according to the Banner's account of the case. 

Levy concluded that Bryan Maze's brain showed no indication of prior trauma or abuse at the time of death, and he attributed the residual brain lesions to a natural disease process rather than to inflicted trauma. 

Separately, according to the dossier's timeline, Levy stated in a recantation affidavit that he had never been provided critical medical records during his initial 2000 autopsy, including maternal obstetric records detailing a troubled pregnancy and neonatal intensive care logs, as reported by ProPublica.

Those medical gaps carry extra weight given how fragile Alex's health already was. 

The infant was born prematurely in 1999 and spent 13 days in a neonatal intensive care unit, undergoing seven separate medical evaluations over his first five weeks of life before he stopped breathing on May 3, 1999, according to FindLaw.

Medical experts testified in March 2024 that Alex likely died because of a birth defect, per the Banner's reporting.

Prosecutors Who Already Believe the Convictions Were Wrong


The Davidson County District Attorney's Conviction Review Unit asked Judge Steve Dozier's trial court to vacate both Mazes' convictions in December 2023.

 District Attorney Glenn Funk said at the time that his office knew of clear and convincing evidence that Kaye and Russell Maze were convicted of crimes they did not commit. 

That request drew on a report incorporating findings from five independent medical experts who all rejected shaken baby syndrome in favor of natural disease causes, according to the Nashville Scene.

Two state prosecutors uninvolved in the Maze case, Amy Hunter and Jeff George, submitted sworn affidavits supporting review of the convictions. 

Hunter said a responsible prosecutor would not proceed with a homicide prosecution based on inflicted head trauma without addressing evidence that the death was natural. George said he would not continue a prosecution if medical examiners concluded the death resulted from natural disease rather than homicide, according to the Banner's account.

Even law enforcement's own investigators have acknowledged missteps. 

A detective who investigated the 1999 incident submitted a statement to the court in early 2024 acknowledging that police erred during the initial inquiry by relying heavily on an early hospital prognosis of shaken baby syndrome, which led them to exclude other medical possibilities, the Nashville Scene reported.
Judge Dozier Declined to Reconsider

Despite that mounting agreement among prosecutors and outside experts, Judge Dozier declined to change his ruling after a March 2024 post-conviction hearing. 

Kaye Maze's attorneys had requested an evidentiary hearing on the credibility of Levy's testimony, and later requested a new trial, but Dozier has not personally seen Levy's affidavit inside his own courtroom, per the dossier's account of the proceedings.

The Tennessee Court of Criminal Appeals then took up the matter and, in a decision authored by Judge Kyle Hixson on October 31, 2025, ruled that Levy's affidavit did not qualify as truly new scientific evidence of innocence. 

That three-judge panel split 2-1, with a dissenting judge arguing that a medical examiner recanting the cause and manner of death does constitute genuine new scientific evidence warranting 
reconsideration, according to CaseMine's summary of the ruling. 

The majority, by contrast, treated the recantation as competing expert opinions rather than definitive new proof.

Russell and Kaye Maze appealed that Court of Criminal Appeals decision to the Tennessee Supreme Court in December 2025.

 On August 27, 2026, the state's high court opened the way for the couple to pursue further legal action seeking post-conviction relief, and designated the Court of Criminal Appeals opinion as not for citation. 

Kaye Maze filed a petition with Dozier's court on September 8, asking him to review his ruling, correct the original convictions, and grant a new trial, claiming that Levy's testimony would establish that she is actually innocent because no homicide occurred.

A High Bar for Actual Innocence


Any relief will still have to clear a demanding legal standard. The applicable post-conviction standard requires factual allegations to be established by clear and convincing evidence. That threshold is now squarely in front of Judge Dozier as he weighs whether Levy's recantation, combined with the newer pediatric evidence, meets it.

The Maze case is not happening in isolation. Views of shaken baby syndrome have continued to evolve, ProPublica has reported.

 Levy himself served as Nashville's medical examiner for 13 years. 

According to a 2021 systematic review available through the National Institutes of Health's PubMed Central, shaken baby syndrome was the most commonly used definition in recent decades, while abusive head trauma had been proposed as newer terminology. 

According to a 2025 NCBI Bookshelf entry, pediatric abusive head trauma—commonly known as shaken baby syndrome—can result from violent shaking, blunt-force trauma, or both.

For Russell Maze, who entered prison in 1999 at age 33 and has spent more than two decades behind bars maintaining his innocence, the Tennessee Supreme Court's ruling represents the first real procedural opening in years.

Whether it ultimately translates into a new trial, or into the exoneration his family has long sought, now rests with Judge Dozier's court.

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;

Friday, September 11, 2026

September 11: Robert Roberson: Death. Row Texas: Junk shaken baby syndrome science: Major (Welcome) Development: The lawyers defending this man on death row for the death of his child have cited a new case (The Moore Decision) which was released on September 8) to support their claim that their client needs a new trial, KLTV (Reporter Jeff Awtrey) reports, noting that: “Mr. Moore, like Robert Roberson, was accused of child abuse after he sought medical care for his daughter. Moore’s daughter, like Robert’s daughter Nikki, experienced breathing apnea, turned blue, and went into cardiopulmonary arrest before she arrived at the hospital, where CT scans then revealed subdural bleeding, brain swelling, and retinal hemorrhage. In both cases, the child’s condition followed a short fall out of bed, which was the only explanation both men were able to provide, and which treating doctors rejected as insufficient to explain the child’s serious intracranial condition.”


PUBLISHER' NOTE:  Dear readers: You can read the San Francisco Chronicle story by Bob Egelko  on the 'Moore case'  (September 8) further down in this post. 

Harold Levy: Publisher: The Charles Smith Blog;

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PASSAGE ONE OF THE DAY: "In October 2025, the Texas Court of Criminal Appeals paused Roberson’s execution just days before he was set to be the first person in the U.S. to be executed for a conviction tied to “shaken baby syndrome.” The defense filed a new notice of new persuasive authority, citing a California appeals court decision to remand a shaken baby case back to the trial court."

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PASSAGE TWO  OF THE DAY: "The Moore Decision notes that, only in 2020, did the American Academy of Pediatrics finally acknowledge that ‘short falls can be fatal and that there is no pattern of injury unique to.’ The Moore Decision also emphasizes that the ‘first and only systemic review of the evidence for [shaken baby syndrome] was conducted’ years after Moore’s (and Robert’s) trial and this study concluded that the evidence purportedly supporting the SBS/AHT hypothesis ‘is insufficient and unreliable, largely due to the circular reasoning in classifying cases and controls and other methodological flaws."

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PASSAGE THREE OF THE DAY: "This is the second such notice from Roberson’s attorneys. The first was on Aug. 10, citing another similar case, this time in Georgia."

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STORY: "Defense cites new case in Robert Roberson death row appeal," by Digital Content Manager Jeff Awtrey, published by KLTV, on September 10, 2026.

SUB-HEADING: "Attorneys file second notice of persuasive authority in shaken baby syndrome case."

PALESTINE, Texas (KLTV) - The defense team for a man on death row for the death of his child has cited a new case to support their claim that their client needs a new trial.

Robert Roberson, of Palestine, was convicted in 2003 of the 2002 murder of his daughter, Nikki.

In October 2025, the Texas Court of Criminal Appeals paused Roberson’s execution just days before he was set to be the first person in the U.S. to be executed for a conviction tied to “shaken baby syndrome.”

The defense filed a new notice of new persuasive authority, citing a California appeals court decision to remand a shaken baby case back to the trial court.

Defense compares cases


“Mr. Moore, like Robert Roberson, was accused of child abuse after he sought medical care for his daughter. Moore’s daughter, like Robert’s daughter Nikki, experienced breathing apnea, turned blue, and went into cardiopulmonary arrest before she arrived at the hospital, where CT scans then revealed subdural bleeding, brain swelling, and retinal hemorrhage. In both cases, the child’s condition followed a short fall out of bed, which was the only explanation both men were able to provide, and which treating doctors rejected as insufficient to explain the child’s serious intracranial condition.”

“The Moore Decision notes that, only in 2020, did the American Academy of Pediatrics finally acknowledge that ‘short falls can be fatal and that there is no pattern of injury unique to.’ The Moore Decision also emphasizes that the ‘first and only systemic review of the evidence for [shaken baby syndrome] was conducted’ years after Moore’s (and Robert’s) trial and this study concluded that the evidence purportedly supporting the SBS/AHT hypothesis ‘is insufficient and unreliable, largely due to the circular reasoning in classifying cases and controls and other methodological flaws.’”
Second notice filed

This is the second such notice from Roberson’s attorneys. The first was on Aug. 10, citing another similar case, this time in Georgia.

https://www.kltv.com/2026/09/10/defense-cites-new-case-roberson-death-row-appeal/

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THE MOORE DECISION:  The San Francisco Chronicle (Staff Writer Bob Egelko: September 8, 2026: : 'California father’s murder conviction overturned in shaken baby syndrome case.' 

A California appeals court on Tuesday overturned the conviction of a Riverside man sent to prison for killing his child, citing new evidence that a short, accidental fall from bed was a more likely cause of her death.James M. Shannon/Hearst Connecticut Media

Jason Harley Moore has spent over a decade in prison for the death of his infant daughter after three doctors told a jury the child was violently struck or shaken to death by her father.

But medical science has changed since Moore’s 2014 trial, and on Tuesday, a state appeals court overturned the Riverside County man’s conviction and cited new evidence that a short, accidental fall from bed was a more likely cause of her death.

“We no longer have confidence in the outcome of Moore’s trial,” the 4th District Court of Appeal said. The court did not declare him to be innocent, but said the prosecution’s expert witnesses had presented “false evidence” that the 3½-month-old child could not have suffered fatal injuries in a short fall from her bed, the defense claim in the case.


It’s the latest of several cases addressing shaken baby syndrome, ascribed to parents who habitually and violently shake their young children. Medical scientists still agree that shaking can cause serious and even fatal brain injuries, but it has been challenged in cases like Moore’s when evidence emerges of other possible causes of harm.

Carla Spain, spokesperson for the Northern California Innocence Project at Santa Clara University, which represents Moore, said his is the third case they’ve gotten the courts to overturn “based on changes in the science.”

“Jason’s case sets precedent about the underlying falsity of the testimony that was repeatedly used across the country to convict innocent caregivers for decades,” Spain said.

The Riverside County District Attorney’s Office did not respond to a request for comment.

The child, Charlotte, lived with her mother, Laura Morales, and Moore in the San Jacinto Valley town of Hemet, southeast of Riverside. Moore, then 31, called Morales at work one afternoon in July 2010 and said she should come home because Charlotte was not breathing. She died at a hospital about a week later.

Moore testified that he was taking a shower when he heard Charlotte crying, and he came out and found her on the floor. He said he picked her up and held her, but she soon stopped breathing, and he tried to revive her while calling 911 and her mother.

In an autopsy for the county coroner’s office, however, Dr. Mark McCormick said Charlotte had suffered a fractured skull and other brain injuries that were probably inflicted deliberately.

McCormick testified for the prosecution along with Dr. Mark Massi, who said he saw bleeding in the child’s brain that was “mainly caused by some sort of trauma such as shaking,” although he found no bruises or other evidence of shaking. Dr. Christina Stanley, a forensic pathologist, said an examination of Charlotte’s brain “suggested inflicted head trauma.”

A defense witness, Dr. Ronald Gabriel, said the child could have been fatally injured after a short fall from her bed. But jurors convicted Moore in 2014 of a fatal assault on his daughter, and Riverside County Superior Court Judge Timothy Freer sentenced him to 25 years to life in prison.

The state appeals court upheld Moore’s conviction in 2016. Tuesday’s ruling, however, was based on new evidence and legal arguments presented by his lawyers in 2022 in a motion for habeas corpus, a challenge to imprisonment due to developments since the trial.

They cited scientific studies finding that short accidental falls can cause serious or fatal injuries. In a 2020 report, the American Academy of Pediatrics found that “short falls can be fatal and that there is no pattern of injury unique to” abusive head trauma.

Dr. Gregory Reiber, a forensic pathologist with the Placer County sheriff and coroner’s office, said recent studies show that impacts from short falls can result in “hemorrhage and brain injury, while shaking alone does not.”

The prosecution’s expert witnesses stood by their testimony that Moore had killed his daughter. Their lawyers told the trial judge and the appeals court that the new defense evidence amounted only to “differences of opinion” that did not show the conviction was based on false testimony.

Freer, the trial judge in 2014, said in a recent ruling that some of the prosecution’s testimony had been false but that the defense had failed to show the conviction relied on falsehoods.

The appeals court disagreed.

“There is a reasonable probability the result of Moore’s trial would have been different had the jury not heard the testimony of these three medical experts that a short fall absolutely could not have caused Charlotte’s injuries,” Justice Jose Castillo wrote in the 3-0 ruling.

“There is no evidence Moore abused Charlotte on any other occasion,” Castillo said.

Morales, the child’s mother, “portrayed Moore as a devoted stay-at-home father to Charlotte and Morales’s two other children,” he wrote. “Nor was there any sign of other injury to Charlotte’s body from this incident that was suggestive of abuse.”

The court, however, did not order Moore to be immediately released from prison. First, Castillo said, the Riverside County District Attorney’s Office should decide whether to request a new trial or to drop the case and allow Moore to go free.

His lawyers will argue that Moore should be released and the charges dismissed, said Spain, the Northern California Innocence Project spokesperson.

“Based on the current understanding of his daughter’s injuries, the prosecution’s experts could not testify today the same way they did in 2014,” she told the Chronicle after Tuesday’s ruling. "

(Bob Egelko has been a reporter since June 1970. He spent 30 years with the Associated Press, covering news, politics and occasionally sports in Los Angeles, San Diego and Sacramento, and legal affairs in San Francisco from 1984 onward. He worked for the San Francisco Examiner for five months in 2000, then joined The Chronicle in November 2000.)
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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

September 11: Megan Trussell: Colorado: Murder or suicide? Axios (Reporter Mitchell Byers reports on the controversy surrounding her death, in a story headed, "Megan Trussell review raises new questions," which notes that: "Driving the news: After a seven-month review, the CBI concluded last week that the Boulder County Sheriff's Office's response and investigation were "reasonable, substantial, and supported by the available evidence." CBI presented the case to its roughly 40-member Cold Case Review Team, including prosecutors, investigators, forensic specialists, toxicologists, analysts and victim advocates. The review found no evidence of homicide or physical assault and no unfinished investigative step that would have changed the determination that Trussell died by suicide.?



BACKGROUND: (From a previous  (September 19, 2025) post of this Blog): "BOULDER, Colo. — The family of Megan Trussell, a University of Colorado student whose body was found in Boulder Canyon in February, gathered on Pearl Street during parents' weekend to raise awareness about her death and push for authorities to reopen the case that investigators ruled a suicide. Trussell was reported missing in February, and her body was discovered days later near the 40-mile marker of Boulder Canyon. Boulder County investigators determined Trussell died by suicide, but her family has criticized the police investigation and conducted their own work, including tracking down her missing cellphone themselves. "I will never know what happened exactly to Megan, especially since they aren't investigating, but maybe we can prevent it from happening again by spreading awareness," said Vanessa Diaz, Trussell's mother."

https://www.9news.com/article/news/local/megan-trussell-family-push-for-case-to-reopen/73-31dcb08e-b552-4ac7-80d7-07b7b67bd654

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PASSAGE OF THE DAY: "The other side: Trussell's parents sharply criticized the process, telling Axios Boulder that reviewers appeared unprepared in a meeting to present the findings last week."There was a lot of shoulder shrugging," her father Joe Trussell told Axios Boulder. They said CBI didn't know until their meeting that family members had located Megan's phone and key video evidence.Meanwhile, the CBI agent that the Trussell family worked with throughout the review was on vacation and not present. They also said a pathologist at the meeting repeatedly referred to the substance in Megan's body as "meth" rather than the prescription amphetamine."

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STORY: "Megan Trussell review raises new questions," by Mitchell Byars,  published on September 9, 2026, by Axios. (Mitchell was born and raised in South Kona on the Big Island of Hawaii. He went to the University of Colorado Boulder and graduated in 2011 with a degree in journalism. After school, he went to work for the Daily Camera, where he worked for almost 15 years in various roles.)

GIST: "A first-of-its-kind state review supports local authorities' conclusion that University of Colorado Boulder student Megan Trussell died by suicide in 2025.


Yes, but: Trussell's family tells Axios the review only deepened their concerns about the investigation and left them with "more questions than answers" about their daughter's death.


Driving the news: After a seven-month review, the CBI concluded last week that the Boulder County Sheriff's Office's response and investigation were "reasonable, substantial, and supported by the available evidence."


  • CBI presented the case to its roughly 40-member Cold Case Review Team, including prosecutors, investigators, forensic specialists, toxicologists, analysts and victim advocates.

  • The review found no evidence of homicide or physical assault and no unfinished investigative step that would have changed the determination that Trussell died by suicide.

The other side: Trussell's parents sharply criticized the process, telling Axios Boulder that reviewers appeared unprepared in a meeting to present the findings last week."There was a lot of shoulder shrugging," her father Joe Trussell told Axios Boulder.

They said CBI didn't know until their meeting that family members had located Megan's phone and key video evidence.

Meanwhile, the CBI agent that the Trussell family worked with throughout the review was on vacation and not present.

They also said a pathologist at the meeting repeatedly referred to the substance in Megan's body as "meth" rather than the prescription amphetamine.

What they're saying: Boulder County Sheriff Curtis Johnson thanked the CBI in a statement."We recognize that none of these findings lessen the profound grief felt by Megan's family and loved ones.
"We also recognize the importance of independent review to her family and the community, and we hope it brings some measure of closure and understanding."

Between the lines: Trussell's family requested the review — the first granted under a provisionof Colorado's 2022 Missing and Murdered Indigenous Relatives law."I think the intent behind the law is great," Trussell told us. "But the law as it's written, is broad and vague and allows entirely too much latitude for the CBI.
"That's what I would tell a family in our situation: Do not expect results until this law is tweaked."

Trussell's mother Vanessa Diaz said they didn't conduct any outside investigation or interviews.

What's next: The family says they plan to seek Trussell's complete autopsy report and photographs, which have repeatedly been denied by the coroner's office.They'd like to have the materials reviewed by an independent expert. But Diaz worries that won't happen before tissue samples are destroyed, and is pleading with other state officials to step in.

"[The CBI] made a mistake … because now we're just gonna be really loud and the people who are in power, the people who are in office, they have some answering to do.""

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;

Thursday, September 10, 2026

September 10: Christa Pike: UN experts condemn shameful Tennessee's lust to kill her on September 30 - even though the court that sentenced her to death did not consider crucial mitigating factors, noting that "Christa Pike was sentenced to death in 1996 for a murder committed when she was 18 years old. The experts expressed concern that significant mitigating evidence concerning her history of severe childhood sexual and gender-based violence, neurological impairments, mental health conditions and developmental immaturity were not adequately presented to the jury by her court-appointed counsel - and even though "The experts "expressed serious concerns about the method and circumstances of Pike’s proposed execution by lethal injection with pentobarbital, which increase the risk of physical suffering."

 

PASSAGE OF THE DAY: "Following her sentencing, Pike was reportedly held in solitary confinement for roughly 28 years, often alone in her cell for 22 to 23 hours a day. While death row detention itself raises serious human rights concerns, her conditions were even more restrictive than those of men sentenced to death in Tennessee, as the prison had no equivalent arrangements for women on death row, raising serious concerns of discrimination on the basis of sex and gender. “The extraordinary duration of Pike’s isolation on death row, her detention conditions, compounded by her vulnerable situation and prolonged awareness of her impending execution, amounts to torture,” the experts said. “The absence of appropriate facilities for women cannot justify discriminatory treatment of women or harsher conditions for them than for men in a similar situation.”

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

RELEASE: "USA: UN experts urge immediate halt to Christa Pike’s execution," published  by the United  Nations, on Sept. 7, 2026.

GIST:  GENEVA:  UN experts* today urged the Government of the United States of America and Tennessee state authorities to immediately halt Christa Pike’s execution, scheduled for 30 September 2026, and commute her death sentence.

“Pike’s execution would mark the culmination of a trajectory of severe physical and psychological suffering marked by childhood abuse and nearly three decades of solitary confinement on death row,” the experts said.

Christa Pike was sentenced to death in 1996 for a murder committed when she was 18 years old. The experts expressed concern that significant mitigating evidence concerning her history of severe childhood sexual and gender-based violence, neurological impairments, mental health conditions and developmental immaturity were not adequately presented to the jury by her court-appointed counsel.

“Pending abolition, States that retain the death penalty may impose it only subject to the strictest safeguards under international law,” the experts said. “These include full respect for fair-trial guarantees, individualised consideration of all mitigating circumstances, including histories of trauma and abuse, and a genuine opportunity to seek pardon or commutation.”

“Failure to respect these safeguards renders a death sentence arbitrary and its execution unlawful under international law,” they said.

Following her sentencing, Pike was reportedly held in solitary confinement for roughly 28 years, often alone in her cell for 22 to 23 hours a day. While death row detention itself raises serious human rights concerns, her conditions were even more restrictive than those of men sentenced to death in Tennessee, as the prison had no equivalent arrangements for women on death row, raising serious concerns of discrimination on the basis of sex and gender.

“The extraordinary duration of Pike’s isolation on death row, her detention conditions, compounded by her vulnerable situation and prolonged awareness of her impending execution, amounts to torture,” the experts said.

“The absence of appropriate facilities for women cannot justify discriminatory treatment of women or harsher conditions for them than for men in a similar situation.”

The experts also expressed serious concerns about the method and circumstances of Pike’s proposed execution by lethal injection with pentobarbital, which increase the risk of physical suffering.

Shortly before the planned execution, Pike will be transferred to a men’s maximum-security prison, placed in isolation and physically restrained by male officers. Given her history of experiencing sexual violence and trauma, these measures are likely to retraumatise her, causing particularly severe psychological suffering.

“Viewed cumulatively and in light of her individual vulnerabilities, Pike’s proposed execution violates the absolute prohibition of torture and other forms of ill-treatment,” the experts said. “We reiterate the Inter-American Commission on Human Rights’ request that the United States refrain from executing Christa Pike, and its recommendation that her death sentence be commuted.”

The experts acknowledged the gravity of the murder and the profound and enduring suffering it caused. They expressed deep sympathy for and solidarity with the victim’s family.

“Victims and their families are entitled to justice and support. An execution does not constitute reparation. Justice and accountability must be pursued in accordance with international human rights law.”

The experts have been in contact with the Government of the United States on this matter.

*The experts:Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions
Mariângela Batista Galvão Simão, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Pau Pérez Sales, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences
Claudia Flores (Chair), Ivana Krstić (Vice-Chair), Dorothy Estrada-Tanck, Haina Lu, and Laura Nyirinkindi, Working Group on discrimination against women and girls

Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from any government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.

Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https://uhri.ohchr.org/en/

UN Human Rights, country page – United States of America

For inquiries and media requests, please contact: Yasmine Ashraf (yasmine.ashraf@un.org)

For media inquiries related to other UN independent experts, please contact Maya Derouaz (maya.derouaz@un.org) or Dharisha Indraguptha (dharisha.indraguptha@un.org)

Follow news related to the UN’s independent human rights experts on X: @UN_SPExperts."



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;


September 10: 'Technology: (gone wrong!) Flock Series: Part 1 From our 'Edge of the wedge' department: 'Futurism' Senior Editor Victor Tangermann, reports that Flock Is Quietly Selling Powerful Drones That Scan License Plates From the Sky, and that, "It's the company's "fastest growing business unit," noting that: "The company has been reeling from a growing PR crisis, with a growing number of Americans vandalizing its flawed license plate-reading cameras. It’s been losing dozens of contracts with cities across the country as the controversy grows, undermining its value to police. And now, while simultaneously promising to address glaring privacy concerns with milquetoast software updates, Flock is doubling down by selling “Drone as First Responder” (DFR) tech, in the form of drones that are equipped with powerful cameras that can inspect license plate numbers from up to 2,000 feet away, as Techspot reports."


QUOTE OF THE DAY: "The program is part of a much bigger trend, with digital rights group Electronic Frontier Foundation warning in a July statement that “police departments across the country are lining up to launch DFR programs” and that “hundreds have cleared a necessary hurdle toward making deployment a reality.” According to the group, over 1,000 public safety agencies have received Federal Aviation Administration waivers to automate drone operations as of February of this year."

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

STORY: "Flock Is Quietly Selling Powerful Drones That Scan License Plates From the Sky," by Victor Tangermann," published by Futurism,  on August 21, 2026. (
I’m a senior editor at Futurism, where I edit and write about NASA and the private space sector, as well as topics ranging from SETI and artificial intelligence to tech and medical policy.)

SUB-HEADING: "It's the company's "fastest growing business unit."

GIST: "Flock Safety is seriously struggling to beat the allegations of enabling a dystopian surveillance state."

The company has been reeling from a growing PR crisis, with a growing number of Americans vandalizing its flawed license plate-reading cameras. It’s been losing dozens of contracts with cities across the country as the controversy grows, undermining its value to police.

And now, while simultaneously promising to address glaring privacy concerns with milquetoast software updates, Flock is doubling down by selling “Drone as First Responder” (DFR) tech, in the form of drones that are equipped with powerful cameras that can inspect license plate numbers from up to 2,000 feet away, as Techspot reports.

During a Monday podcast appearance, Flock CEO Garrett Langley fleshed out the company’s latest foray into airborne camera-equipped drones, purportedly the company’s “fastest growing business unit right now.” Drones stationed on the roofs of police stations or fire departments launch to respond to 911 calls much quicker, he said, by traveling as the crow flies.

“Normally what would happen… is like one cop would have heard that, flip on the blue lights, race down there… and someone’s about to die,” Langley explained, describing a case in which a woman called 911 on a man, who later turned out to be holding a lighter, not a gun, as initially suspected. “Instead, they launch the drone.”

Langley claimed that “we have thousands and thousands of stories like that where communities are safer now with our drones. They’re safer with our cameras.”

The specs of the surveillance drones are terrifying. According to Langley, they can fly at 400 feet and reach 60 mph.

A spokesperson told Techspot that Flock has already amassed 200 customers for its DFR program, including police departments and private companies.

The program is part of a much bigger trend, with digital rights group Electronic Frontier Foundation warning in a July statement that “police departments across the country are lining up to launch DFR programs” and that “hundreds have cleared a necessary hurdle toward making deployment a reality.”

According to the group, over 1,000 public safety agencies have received Federal Aviation Administration waivers to automate drone operations as of February of this year.

The EFF also warned that the drones can easily “capture footage from areas typically inaccessible to a casual patrol officer — backyards, roofs, through windows — at distances that leave subjects of surveillance completely unaware of the spy in the sky.”

More on Flock: Flock’s Network Is Losing Value to Cops as More and More of Its Cameras Go Offline

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

Wednesday, September 9, 2026

September 9: Danyel Smith: Georgia: Shaken Baby Syndrome: Major (Welcome) Development: Yet another US SBS case, in which the defendant seeks (and ultimately) wins a new trial based on developments in medical science, The Black Atlanta Star (Reporter Mary Spiller) reports, noting that: "During a 2024 hearing, the defense presented eight expert witnesses who testified that Chandler’s death was the result of medical complications connected to his premature birth rather than physical abuse. The trial court initially rejected Smith’s request. But in October 2025, the Georgia Supreme Court unanimously ordered the lower court to reconsider the case using the appropriate legal standard. On July 21, a Gwinnett County Superior Court judge ultimately ruled that Smith had presented new evidence capable of creating reasonable doubt for a jury. The court granted his motion for a new trial, vacated his murder conviction and overturned his life sentence."



PASSAGE ONE OF THE DAY: "Smith’s release marked the latest development in a case that has remained in Georgia’s courts for more than two decades. His conviction centered on what prosecutors originally described as “shaken baby syndrome,” according to FOX 5, a diagnosis that played a significant role in the case against him."


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

PASSAGE TWO OF THE DAY: "Smith’s legal future remains unresolved. The state has appealed the order that overturned his conviction, and a timeline for that appeal has not been established. His defense estimates the appellate process could take as long as a year. A potential retrial will remain on hold while the Georgia appellate courts consider the state’s challenge. "

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

STORY: "‘I’m Glad to Be Free’: Black Georgia Father Released After 24 Years Behind Bars for Infant Son’s Death as State Appeals His Overturned Conviction," by Reporter Mary Spiller, published by  The Atlanta Black Star, on September 9, 2026. "
Mary Spiller is a Detroit, Michigan native and journalist with five years of experience covering celebrity news, crime, and politics. A graduate of Washington University in St. Louis, she earned a degree in Cognitive Neuroscience with a minor in Legal Studies and Writing. Mary began her journalism career through activism, using storytelling as a way to keep communities informed and amplify important issues. Her work has appeared in Black Enterprise, MadameNoire, Sis2Sis, and News Onyx. For Atlanta Black Star, Mary currently covers entertainment, crime, and news."

GIST: "A Georgia man who spent 24 years behind bars for his infant son’s death walked out of prison after a judge granted him bond as he awaits a new trial.

A Gwinnett County Superior Court judge granted 51-year-old Danyel Smith a $100,000 bond following the court’s July decision to vacate his 2003 murder conviction and life sentence.

Smith will remain under strict house arrest in Clayton County with his longtime partner, LaTasha Pyatt, while the state challenges the ruling.

Smith must wear a GPS ankle monitor and can only leave his residence for medical emergencies or meetings with his attorneys. The district attorney’s office will receive a report of any technical violation of the monitoring requirements.

The judge also imposed a no-contact order prohibiting Smith from communicating directly or indirectly with Marsha Brandon, the mother of his deceased son, Chandler, or members of her immediate family.

Smith’s release marked the latest development in a case that has remained in Georgia’s courts for more than two decades. His conviction centered on what prosecutors originally described as “shaken baby syndrome,” according to FOX 5, a diagnosis that played a significant role in the case against him.

State prosecutors opposed Smith’s release, citing his 1999 misdemeanor record, questions surrounding statements he made in 2002 and the possibility that a defendant facing homicide charges could flee.

His attorneys, including lawyers with the Southern Center for Human Rights, argued that Smith has strong family and community ties, no felony convictions and an otherwise clean institutional record during his 24 years in prison.

“He’s 51 years old. He has two adult sons, and he has extensive family support… For 24 years, he has fought for this opportunity to clear his name. Now presented with that opportunity, there is no reason to think he is in any way a risk of flight or danger to the community,” Smith’s attorney, Mark Loudon-Brown, told the court.

A jury convicted Smith after his 2-month-old son, Chandler, died in 2002. Court records state that Brandon left the infant with Smith while she ran an errand. Chandler had recently received medical care, and doctors believed he was healthy at the time.

While Smith was returning the baby, he called the child’s mother and told her Chandler was not breathing.

Doctors initially determined that Chandler had injuries they believed were consistent with blunt-force trauma. A CT scan also showed a skull fracture. That medical interpretation became central to prosecutors’ case and Smith’s eventual murder conviction.

Brandon has continued to maintain that Smith was responsible for their son’s death.

Smith’s defense offered a different explanation, arguing that medical evidence available today calls into question the conclusions reached during his trial.

Chandler was born prematurely, and the pregnancy had complications. Defense attorneys also pointed to evidence that Brandon had previously sought medical help because of concerns about Chandler’s breathing and an episode in which the infant may have experienced a seizure and become temporarily unresponsive.

Medical approaches to unexplained injuries in infants have also evolved over the past 20 years. Doctors can now consider conditions such as seizures, complications associated with premature birth, falls and rare blood disorders when evaluating suspected abusive head trauma, as reported by 11 Alive.

That shift in medical understanding became a major part of Smith’s effort to obtain a new trial.

In 2023, after spending 21 years in prison, prosecutors offered Smith a plea deal that would have allowed him to leave prison with credit for time already served. Smith rejected the offer because accepting it would have required him to plead guilty to a crime, he continued to say he did not commit.

His attorneys later filed a motion seeking a new trial based on developments in medical science. During a 2024 hearing, the defense presented eight expert witnesses who testified that Chandler’s death was the result of medical complications connected to his premature birth rather than physical abuse.

The trial court initially rejected Smith’s request.

But in October 2025, the Georgia Supreme Court unanimously ordered the lower court to reconsider the case using the appropriate legal standard.

On July 21, a Gwinnett County Superior Court judge ultimately ruled that Smith had presented new evidence capable of creating reasonable doubt for a jury. The court granted his motion for a new trial, vacated his murder conviction and overturned his life sentence.

Smith’s release brought an emotional response from supporters outside the courthouse. Several people were seen crying and praying as they celebrated his return home.

Loudon-Brown said Smith also struggled with the emotional weight of the hearing.

“He was, he was emotional throughout, I think. You know, 24 years is a lot of time. And he also lost his son… So, there’s a gravity, I think, to this from so many different angles. And I think it overcame him at times,” Loudon-Brown said.

Pyatt, Smith’s fiancée, described his release as a moment of relief after years of legal battles.

“This county has drugged this family like this. I don’t understand why they did. Nobody wins. Nobody wins! Danyel can’t get back his 24 years. Chandler can’t come back here. Nobody wins, but we have been fighting to get the truth out,” Pyatt said. “We are a passionate family that just want justice to be done.”

“I’m glad to be free, well not free-free but it’s a start,” Smith told WSB-TV after his release.

Smith’s legal future remains unresolved. The state has appealed the order that overturned his conviction, and a timeline for that appeal has not been established. His defense estimates the appellate process could take as long as a year.

A potential retrial will remain on hold while the Georgia appellate courts consider the state’s challenge. "

The entire story can be read at: "

https://atlantablackstar.com/2026/09/09/ga-father-released-after-24-years-for-infant-sons-death/


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;