Monday, August 3, 2026

August 3: Technology: Cyber Insecurity: The Wall Street Journal, (Legal Affairs Reporter Mariah Timms) reports, in this fine piece of journalism, that according to a group of forensic and computer scientists, a security flaw has placed 30 years of DNA evidence at risk of hacking, in a story sub-headed, "Researchers found that widely used lab machines produced digital DNA files that are vulnerable to tampering."..."The researchers found that with the help of computer code written by widely available AI software, they could alter the data produced from computerized scans of physical DNA evidence without leaving any trace they had tampered with the records. The vulnerability is likely to have existed in the digital files produced by crime-lab machines since 1995, but recent technological advances make potential tampering much easier now, they said."


QUOTE OF THE DAY: “Effectively, what we have are data files that are legitimately referred to as the gold standard of forensic science that lack the same level of tamper-evident markings that we require for a paper bag,” said Laura Gaydosh Combs, a forensic scientist and University of New Haven professor who worked on the research

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

SECOND QUOTE OF THE DAY: "It isn’t clear whether the security vulnerability will affect pending or past prosecutions. Defense attorneys regularly mount challenges to DNA collection and analysis in their cases. Such evidence is a common feature in criminal trials, though most people aren’t convicted or exonerated on DNA evidence alone. Sarah Chu, the director of policy and reform at the Perlmutter Center for Legal Justice, who worked on the project, said the research highlights lagging protocols “in a system where life and liberty are at stake.” There is no central, national regulator in forensic science, she said, leading to a patchwork of security measures at the more than 200 labs that handle everything from forensic evidence to paternity tests. “Lessons learned from other industries haven’t been imported into forensic science in a serious way,” Chu said. “We’ve been behind the ball for so long. That kind of all rolls downhill into this incident.”

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

PASSAGE OF THE DAY:  "The company that makes the crime-lab equipment used in a majority of facilities, Thermo Fisher Scientific, privately acknowledged the vulnerability in July and indicated it was working on a fix, according to messages reviewed by The Wall Street Journal. The researchers flagged the security threat in May."

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

STORY: Security Flaw Placed 30 Years of DNA Evidence at Risk of Hacking," the Wall Street Journal (Reporter Mariah Timms) reports published on August 2, 2026. (Mariah Timms is a Chicago-based legal affairs reporter for The Wall Street Journal. Her work includes coverage of the criminal justice system, immigration enforcement and litigation involving the Trump administration. A Chicagoland native, Mariah began her journalism career in the Southeast, most recently working at the Tennessean, where she covered the intersection of the courts and daily life.S)

SUB-HEADING: Researchers found that widely used lab machines produced digital DNA files that are vulnerable to tampering.

GIST: "A security weakness in the technology used by most of the nation’s crime labs to analyze DNA evidence exposed 30 years of crime files to the risk of being hacked, according to a group of forensic and computer scientists.

The researchers found that with the help of computer code written by widely available AI software, they could alter the data produced from computerized scans of physical DNA evidence without leaving any trace they had tampered with the records. The vulnerability is likely to have existed in the digital files produced by crime-lab machines since 1995, but recent technological advances make potential tampering much easier now, they said.

“Effectively, what we have are data files that are legitimately referred to as the gold standard of forensic science that lack the same level of tamper-evident markings that we require for a paper bag,” said Laura Gaydosh Combs, a forensic scientist and University of New Haven professor who worked on the research.

The company that makes the crime-lab equipment used in a majority of facilities, Thermo Fisher Scientific, privately acknowledged the vulnerability in July and indicated it was working on a fix, according to messages reviewed by The Wall Street Journal. The researchers flagged the security threat in May.

After being contacted by the Journal, the company on Friday issued a security bulletin, labeled high severity, that warned of “a risk for nearly undetectable modification” of certain files “if laboratory controls are circumvented.”

The company in a separate note to customers emphasized that there were no known instances where the vulnerability had been exploited.

“We have been working closely with the U.S. Cybersecurity and Infrastructure Agency since the software issue was raised,” the company said in a statement to the Journal. “We appreciate the work of forensic researchers on this topic, and we have released a software update that implements the use of digital signatures to add an extra layer of protection that moving forward will help customers verify that data files have not been modified.”

While there is no evidence that bad actors have exploited the security weakness to hack files, the researchers said they haven’t found a way to detect tampering if it had happened. Someone with an intent to corrupt the digital evidence files would need local or remote access to a lab’s servers and enough know-how about the way DNA testing works. The vulnerability doesn’t impact the physical DNA material submitted for testing.

DNA evidence is a central and reliable part of criminal investigations and prosecutions, but there have been occasional worries about tampering. In Colorado, a state forensic analyst pleaded guilty in June to four felonies after prosecutors alleged she manipulated evidence and engaged in a variety of misconduct from 2008 to 2023.

For decades, lab machines have taken physical DNA evidence and produced digital analysis files. The threat of tampering with those files has grown since the rise of AI technology that lets amateurs create tools they might not previously have had the skills to develop, the researchers said. In theory, a sophisticated attack could add or remove DNA profiles after crime-scene evidence is scanned, creating the impression a suspect wasn’t at the scene or an innocent person was.

Nathan Adams, a systems engineer at Forensic Bioinformatics, an Ohio-based DNA consulting company, began testing the issue earlier this year, using a public data set of DNA files.

Using Anthropic’s Claude, Adams said his first success at changing a file took about 45 minutes.

Some file types have a higher level of encryption, but Adams said a little bit of research led him to a decryption key that has been on the internet for years.

In a test viewed by the Journal, Adams’s code was able to combine the scans of two individual DNA profiles into a new file that appeared untouched since 2015. The modified file raised no red flags in the analysis software many labs use.

It isn’t clear whether the security vulnerability will affect pending or past prosecutions. Defense attorneys regularly mount challenges to DNA collection and analysis in their cases. Such evidence is a common feature in criminal trials, though most people aren’t convicted or exonerated on DNA evidence alone.

Sarah Chu, the director of policy and reform at the Perlmutter Center for Legal Justice, who worked on the project, said the research highlights lagging protocols “in a system where life and liberty are at stake.”

There is no central, national regulator in forensic science, she said, leading to a patchwork of security measures at the more than 200 labs that handle everything from forensic evidence to paternity tests.

“Lessons learned from other industries haven’t been imported into forensic science in a serious way,” Chu said. “We’ve been behind the ball for so long. That kind of all rolls downhill into this incident.”



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

August 4: French Lee: New Jersey; Major (Welcome) Development: The State Supreme Court has unanimously held that a trial court should have assessed the reliability of fingerprint evidence in a burglary trial based on scientific advancements. - ruling that, "the court will appoint a Special Adjudicator to determine whether fingerprint evidence meets current admissibility standards and whether revised jury instructions are warranted. as the Morgan Stanley law firm, which worked the case pro bono for the Innocence Project, reports, noting that: The decision reflects a shift from historical acceptance of fingerprint evidence toward rigorous scientific scrutiny, potentially impacting how forensic evidence is used in New Jersey courts and nationwide."



PASSAGE ONE OF THE DAY: "
The defendant in State v. French Lee, Mr. Lee, was convicted of two counts of burglary, where the sole evidence linking him to the crimes was latent fingerprint analysis.  At trial, defense counsel from the New Jersey Office of the Public Defender challenged the admissibility of the fingerprint evidence, citing the 2009 National Academy of Sciences Report and the 2016 President’s Council of Advisors on Science and Technology Report, both of which highlight concerns regarding the reliability, subjectivity, and error rates of fingerprint analysis. The state relied on more than 100 years of judicial acceptance of fingerprint evidence under the Frye standard, emphasizing its history in New Jersey and federal courts.  The trial court admitted the evidence without a pretrial hearing, leading the Appellate Division to reverse and mandate a reliability hearing at the urging of the Defendant and the Innocence Project.  The New Jersey Supreme Court’s review followed this reversal and addressed evolving standards for forensic evidence."

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

PASSAGE TWO OF THE DAY: "The New Jersey Supreme Court’s order reaffirms the important role trial courts play in evaluating evidence in trials. It underscores that courts must assess fingerprint evidence, like all other forensic evidence, based on ever-evolving scientific and technical standards and developments, rather than rely on historical practices and acceptance."

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

PASSAGE THREE OF THE DAY: "This decision signals a paradigm shift in New Jersey’s approach to forensic evidence, with practical implications for criminal litigation, expert testimony, and broader forensic practices. This development may reshape forensic practices and expert testimony admissibility in New Jersey and federal and state courts around the country."

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

RELEASE: "Lawflash NJ (New Jersey) Supreme Court issues Landmark decision on reliability of fingerprint evidence," published by The Morgan Lewis law firm, which provides Bro Bono assistance for the Innocence Project, on July 13, 2026.

GIST: "In a landmark decision that could have a far reaching impact on forensic practices and expert testimony admissibility standards, the New Jersey Supreme Court ordered a hearing on the reliability of fingerprint evidence based on scientific advancements.

A Morgan Lewis team represented the Innocence Project’s national strategic litigation team, serving as amici in the case of State v. French Lee urging the New Jersey Supreme Court to appoint a Special Adjudicator to assist the trial court in assessing the reliability and admissibility of fingerprint evidence and to draft a model jury charge governing the evaluation of such evidence and related testimony.

In a landmark, unanimous decision, the Supreme Court agreed, ordering a hearing on the admissibility and reliability of fingerprint evidence and further action to ensure the reliability of such evidence in future trials, marking a significant development in forensic standards for criminal trials in the state.

The court’s decision responds to new developments in forensic science and growing concerns about the scientific validity of fingerprint analysis, with significant implications for prosecutors, defense counsel, and organizations relying on forensic evidence.

The decision could lead other state and federal courts across the country to reevaluate the admissibility of fingerprint evidence.

KEY TAKEAWAYS: 

"The New Jersey Supreme Court unanimously held that a trial court should have assessed the reliability of fingerprint evidence in a burglary trial based on scientific advancements.

The court will appoint a Special Adjudicator to determine whether fingerprint evidence meets current admissibility standards and whether revised jury instructions are warranted.

The decision reflects a shift from historical acceptance of fingerprint evidence toward rigorous scientific scrutiny, potentially impacting how forensic evidence is used in New Jersey courts and nationwide.

BACKGROUND


The defendant in State v. French Lee, Mr. Lee, was convicted of two counts of burglary, where the sole evidence linking him to the crimes was latent fingerprint analysis. 

At trial, defense counsel from the New Jersey Office of the Public Defender challenged the admissibility of the fingerprint evidence, citing the 2009 National Academy of Sciences Report and the 2016 President’s Council of Advisors on Science and Technology Report, both of which highlight concerns regarding the reliability, subjectivity, and error rates of fingerprint analysis.

The state relied on more than 100 years of judicial acceptance of fingerprint evidence under the Frye standard, emphasizing its history in New Jersey and federal courts.

The trial court admitted the evidence without a pretrial hearing, leading the Appellate Division to reverse and mandate a reliability hearing at the urging of the Defendant and the Innocence Project.

The New Jersey Supreme Court’s review followed this reversal and addressed evolving standards for forensic evidence.

Until 2023, the New Jersey Supreme Court relied on the Fryestandard to assess reliability of expert testimony in criminal cases.

That standard focused on general acceptance within the field of the proposed expert testimony.

The current inquiry to assess reliability in criminal cases was established in State v. Olenowski (Olenowski I), which invites courts to consider a non-exclusive list of factors known as the “Daubert factors,” derived from Daubert v. Merrell Dow Pharmaceuticals Inc.

Olenowski I declined to disturb rulings based on the Frye standard but noted that when “the scientific reliability underlying the evidence has changed,” evidence that had previously been approved should be evaluated under the revised standard.

In its amicus brief, the Innocence Project highlighted the risk of wrongful convictions due to flawed forensic evidence and the tendency of jurors to overvalue expert testimony.

The parties detailed a series of substantive concerns about the reliability of fingerprint evidence, including whether the analysis is repeatable among examiners, the subjective nature of the discipline, the absence of objective measures or a uniform set of guidelines to establish an identification, recently identified error rates, assumptions about whether fingerprints are unique and do not change, confirmation bias, and the lack of empirical testing.

The parties explained that scientific consensus was evolving on fingerprint evidence, and stressed that legal precedent is not a proxy for scientific validity. 

The Innocence Project also advocated for reforms to fingerprint evidence practices in New Jersey, urging the court to implement meaningful voir dire of potential jurors on bias towards accepting forensic evidence, strict guardrails on the presentation of fingerprint evidence and expert testimony, and comprehensive jury instructions to address the risks inherent in fingerprint analysis.

CORE LEGAL DEVELOPMENT


The New Jersey Supreme Court, in a unanimous opinion by Chief Justice Stuart Rabner, reaffirmed the trial court’s obligation to act as a gatekeeper for expert testimony, ensuring that only scientifically reliable evidence is presented to juries.

The court found that the issues raised by defendant and amici presented legitimate questions about the reliability of fingerprint evidence and warranted a full plenary hearing.

The court ordered the appointment of a Special Adjudicator to conduct a hearing to determine (1) whether the fingerprint evidence presented at trial satisfies the requirements of Olenowski I; (2) if it does, whether any limitations or guardrails should apply to the admission of fingerprint evidence; and (3) if so, what those limitations or guardrails should be, including whether revised model jury charges are necessary. 

The court deferred ruling on the merits of the conviction pending the outcome of the hearing and retained jurisdiction, with periodic updates. The court held that amici, including the Innocence Project, may participate in the Special Adjudicator’s proceedings.

The New Jersey Supreme Court’s order reaffirms the important role trial courts play in evaluating evidence in trials. It underscores that courts must assess fingerprint evidence, like all other forensic evidence, based on ever-evolving scientific and technical standards and developments, rather than rely on historical practices and acceptance.

CONCLUSION

This decision signals a paradigm shift in New Jersey’s approach to forensic evidence, with practical implications for criminal litigation, expert testimony, and broader forensic practices. This development may reshape forensic practices and expert testimony admissibility in New Jersey and federal and state courts around the country."

The entire release can be read at:

https://mail.google.com/mail/u/0/?hl=en#sent/KtbxLthtFkHSSvbCCbblCHRzhCQqLKnVcL

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


August 3: Frank Gable: Oregon: (Coercive investigative techniques lead to a trail of recanting witnesses): Major (Welcome) Development: A judge has signed a certificate of innocence for Frank Gable, who was released from prison in 2019 after more than 29 years in custody, noting that no reasonable juror would have convicted Gable in light of another man’s multiple confessions to (Oregon Corrections Director Michael) Francke’s fatal stabbing - and because nearly all the witnesses in the case had recanted their testimony since the trial."



BACKGROUND: From a previous post of this Blog:  (March 22, 2025): 
 "On September 29, 2022, the Ninth Circuit U.S. Court of Appeals affirmed the new trial ruling. The appeals court noted, “The facts on appeal are extraordinary. Since trial, nearly all the witnesses who directly implicated Gable have recanted. Many explain they intended to frame Gable because he was a police informant. They attribute their false testimony to significant investigative misconduct, which the State – remarkably – does not dispute.” “What we now know, and the jury did not, is that the testimony of the State’s main witnesses was irreversibly tainted by coercive investigative techniques, and that another man gave compelling confessions on multiple occasions,” the appeals court declared. The court painstakingly detailed the recantations and concluded that in the aftermath, the only prosecution witness left was Linda Perkins, who said that the morning after the murder, Gable said he had done something bad. However, the court noted that two people who were present during that conversation had said Perkins was not truthful. One of those two, Randy Studer, said that he, too, had been questioned by police, said he knew nothing. But after he was repeatedly polygraphed and interrogated, he agreed to falsely accuse Gable before the grand jury. Studer had recanted prior to the trial, did not testify and “to this day maintains that Perkins made up her story,” the appeals court said."


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


PASSAGE OF THE DAY: "Last year, the state offered to pay nearly $2 million plus attorney fees to Gable to settle his wrongful conviction lawsuit against Oregon. Gable and his lawyers, though, have argued in court for additional compensation for the nearly four years that Gable was on supervised release while the state appealed the federal judge’s ruling to dismiss his murder conviction. Gable has a separate federal lawsuit pending against 24 police officers, claiming their improper tactics led to his wrongful conviction in the killing of Oregon’s prisons chief."

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

STORY: "Judge signs certificate of innocence for Frank Gable after murder conviction thrown out," by Maxine Bernstein, published by The Oregonian, on July  30, 2026.  (
Maxine Bernstein covers federal court, law enforcement and criminal justice issues after spending two decades covering Portland police. She joined The Oregonian in 1998 after a seven-year stint working for The Hartford Courant. She graduated from Cornell University, where she majored in history.)

GIST: "A Marion County judge on Thursday signed a certificate of innocence for Frank Gable, who was released from prison in 2019 after more than 29 years in custody.

A federal magistrate judge in 2019 threw out Gable’s murder conviction in the 1989 killing of Oregon Corrections Director Michael Francke. In 1991, Gable had been sentenced to life in prison without the possibility of parole.

The federal judge found that no reasonable juror would have convicted Gable in light of another man’s multiple confessions to Francke’s fatal stabbing and because nearly all the witnesses in the case had recanted their testimony since the trial. The decision was upheld by the 9th U.S. Circuit Court of Appeals.

Francke, 42, bled to death from stab wounds and was found dead on the north porch of the Dome Building where he worked in Salem.

On Thursday, Marion County Circuit Judge Manuel Perez granted the certificate of innocence to Gable, finding that he had established by a preponderance of evidence that he is innocent “of all crimes for which he was wrongly convicted.”

The certificate was filed in a pending civil case.

Lawyers for the state informed the judge that the state took no position on Gable’s motion for the innocence certificate. The state, however, does oppose Gable’s motion for added compensation for the period he was on federal supervised release.

Last year, the state offered to pay nearly $2 million plus attorney fees to Gable to settle his wrongful conviction lawsuit against Oregon. Gable and his lawyers, though, have argued in court for additional compensation for the nearly four years that Gable was on supervised release while the state appealed the federal judge’s ruling to dismiss his murder conviction.

Gable has a separate federal lawsuit pending against 24 police officers, claiming their improper tactics led to his wrongful conviction in the killing of Oregon’s prisons chief.

Gable, now 67, lives in Kansas. He was released from Lansing Correctional Facility in Kansas on June 28, 2019."

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 2, 2026

August 2: Former Neo-Natal nurse Lucy Letby: "Police and a key witness in Lucy Letby’s trial worked together to “reshape” testimony to get round data that could have exculpated the nurse, Sir David Davis a former 'Tory' minister, has claimed, the Telegraph (Science Editor Sarah Knapton) reports, noting that: "Interview notes, released by Sir David, a former Tory minister, show that police were aware that the timeline presented to the jury no longer worked, and discussed the issue with Dr Ravi Jayaram, a consultant, before the retrial, after the first jury failed to reach a verdict. An officer told Dr Jayaram: “We can’t change the data. But we can change the interpretation of it.”



QUOTE OF THE DAY: "Mark McDonald, Letby’s barrister, said: “In 27 years as a criminal barrister, I have never encountered an investigation in which we have identified so many serious errors.“Individually they are deeply concerning; collectively they raise fundamental questions about the safety of these convictions. The Court of Appeal must now be given the opportunity to examine those failings in full.”

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

PASSAGE OF THE DAY: "After being confronted about the errors in the swipe data in the interview, Dr Jayaram abandoned the precise timings, saying the attack was “probably earlier” and blaming “retrospective notes” for the discrepancy. Sir David said: “It is deeply troubling to see what appears to be the police and a key witness reshaping the interpretation of the evidence to Lucy Letby’s disadvantage in advance of her retrial. “It reinforces that the investigation was driven by a fixed theory and a degree of complicity between the police and some of the consultants. Cheshire police’s handling of this case should be reviewed by another force.”

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

PASSAGE TWO OF THE DAY: "Letby, 36, of Hereford, was sentenced to 15 full life terms for the murders of seven babies and the attempted murders of seven others. Sir David Davis wants Cheshire Constabulary to be investigated over the handling of the Letby case Credit: PA 
Since her conviction, experts in neonatal care, statistics and law have come forward to voice their concerns about the verdict, claiming the babies probably died because of prematurity and poor care, and highlighting problems with the investigation and trial. Cheshire Police has previously been accused of being overawed by the consultants and fixating on Letby, while failing to properly investigate other possible causes of the deaths and collapses The Criminal Cases Review Commission which looks into potential miscarriages of justice is examining the case."

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

STORY: "Police ‘reshaped’ Letby witness testimony to get round mistake, claims David Davis," by  Science Editor Sarah Knapton, published by The Telegraph, on July 31, 2026. (Sarah Lnapton has previously been named Science Journalist of the Year and was Highly Commended at the Society of Editors Press Awards. She is known for her coverage of the Covid-19 pandemic and the Lucy Letby case); 

SUB-HEADING: "Officer told consultant that the ‘interpretation’ of data used in trial could be changed for retrial."

PHOTO CAPTION: "Lucy Letby is serving 15 full life terms in prison, but several experts have questioned her convictions."

GIST: "Police and a key witness in Lucy Letby’s trial worked together to “reshape” testimony to get round data that could have exculpated the nurse, Sir David Davis has claimed.

Between Letby’s first trial and a retrial for attempted murder of one baby, police realised they had mixed up door-swipe data from Countess of Chester Hospital. The nurse was not in fact alone with Baby K at the time she was accused of attacking the infants in 2016, the correct data showed.

Interview notes, released by Sir David, a former Tory minister, show that police were aware that the timeline presented to the jury no longer worked, and discussed the issue with Dr Ravi Jayaram, a consultant, before the retrial, after the first jury failed to reach a verdict.

An officer told Dr Jayaram: “We can’t change the data. But we can change the interpretation of it.”

Dr Jayaram originally said he discovered Letby alone, standing over Baby K at 3.50am on Feb 17 2016. The baby girl was deteriorating, and her breathing tube had been dislodged, he claimed, and he made a note of the time of collapse in his notes.

The prosecution originally told jurors door-swipe data had shown the baby’s designated nurse had left the intensive care unit at 3.47am, giving Letby three minutes to attack the infant. But the correct door-swipe data showed Letby was not alone when the baby collapsed.

After being confronted about the errors in the swipe data in the interview, Dr Jayaram abandoned the precise timings, saying the attack was “probably earlier” and blaming “retrospective notes” for the discrepancy.

Sir David said: “It is deeply troubling to see what appears to be the police and a key witness reshaping the interpretation of the evidence to Lucy Letby’s disadvantage in advance of her retrial.

“It reinforces that the investigation was driven by a fixed theory and a degree of complicity between the police and some of the consultants. Cheshire police’s handling of this case should be reviewed by another force.”

Dr Ravi Jayaram, a consultant, initially said he found Letby alone with a baby in the early hours of the morning

Sir David has previously called for Dr Jayaram to be investigated for perjury, after an email emerged from before the first trial suggesting it was Letby herself who called for his help after Baby K collapsed.

In an email to colleagues on May 4, 2017, he described Baby K’s deterioration and suggested Letby called him about low oxygen levels, writing: “Staff nurse Letby [was] at incubator and called Dr Jayaram to inform of low saturations.”

He also said that the baby’s death was consistent with complications from extreme prematurity.

However, during the trial, when Nick Johnson KC, the prosecutor, asked Dr Jayaram: “Did you hear any call for help from Lucy Letby?” he answered “No, not at all.”

Letby, 36, of Hereford, was sentenced to 15 full life terms for the murders of seven babies and the attempted murders of seven others.
Sir David Davis wants Cheshire Constabulary to be investigated over the handling of the Letby case Credit: PA

Since her conviction, experts in neonatal care, statistics and law have come forward to voice their concerns about the verdict, claiming the babies probably died because of prematurity and poor care, and highlighting problems with the investigation and trial.

Cheshire Police has previously been accused of being overawed by the consultants and fixating on Letby, while failing to properly investigate other possible causes of the deaths and collapses.

The Criminal Cases Review Commission which looks into potential miscarriages of justice is examining the case.

Mark McDonald, Letby’s barrister, said: “In 27 years as a criminal barrister, I have never encountered an investigation in which we have identified so many serious errors.

“Individually they are deeply concerning; collectively they raise fundamental questions about the safety of these convictions. The Court of Appeal must now be given the opportunity to examine those failings in full.”

Cheshire Constabulary previously said it stood by the investigation and convictions and said the Court of Appeal had already confirmed the verdicts on two occasions.

The Telegraph has contacted Dr Jayaram for comment. Cheshire Constabulary has declined to comment."

The entire story can be read at: 



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

August 2: Part 2: Marshall Project Podcast 'The Last 12 Weeks,' The. inside story on a unique collaboration between journalists and a death penalty defence team, published by The Poynter Institute, under the heading "What happens in the final week before an execution, and the sub-heading, "The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team — and faced difficult ethical choices."...The Serial team approached Chammah, who had written about mitigation experts for The Marshall Project. They floated what Melathe called their “pie-in-the-sky idea” for a podcast: What if they could follow around death penalty lawyers racing a ticking clock? “My initial reaction was that that would be almost impossible — not practically, but because lawyers were unlikely to agree,” Chammah said. “I had written a book about the death penalty and interviewed lots of defense lawyers, and (I’d) seen that they had just been very, very appropriately cagey about their work.” Then in November, an email changed everything. Defense lawyer Greg Wiercioch reached out to Chammah to see if he’d be interested in covering the case of his client, David Wood, often referred to as the Desert Killer. Convicted of a string of murders in El Paso, Wood had been sitting on death row for more than three decades."



LINK TO THE PODCAST: 


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

QUOTE OF THE. DAY: "Chammah said listeners of “The Last 12 Weeks” will come away with an intimate understanding of what it’s like to do one of the legal system’s hardest jobs. “I think people will kind of get a deeper sense of the death penalty’s cost in the world by getting this up close to all of the emotions that surround an upcoming execution date,” he said. “And then I think I’ll also gather an appreciation for how arbitrary the system is, in the sense that whether David Wood was going to get executed seemed to turn on so many little moments that could have gone one way or another, and will ultimately never always know exactly what moment made the difference.”

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

PASSAGE OF THE DAY: "The reporting continued through to the final week before Wood’s scheduled execution in March 2025. Less than 48 hours before he was scheduled to be executed, the Texas Court of Criminal Appeals granted a stay of execution. Melathe was with members of the defense team when the ruling came down. “This was the moment all the lawyers had been working toward for the entire time Maurice and I had been following them,” Melathe narrates in the fifth and final episode. “And they’re still a little stunned that it’s happened.”

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

STORY: "What happens in the final weeks before an execution? These reporters were inside the room," by Staff Writer Amaris Castillo, published by The Poynter Institute, on July 22, 2026.
Amaris Castillo is a writing/research assistant for NPR.)
 
SUB-HEADING: "The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team — and faced difficult ethical choices."

GIST: "Many defense lawyers are naturally cagey. They work in a pressure cooker, protecting their clients’ rights while fighting for the best possible outcome. And arguably, the stakes can’t get any higher than trying to save a client’s life.

So no, defense lawyers don’t usually invite journalists into strategy meetings.

But that’s what happened when Marshall Project reporter Maurice Chammah and Serial Productions senior producer Alvin Melathe spent the final few months before a Texas execution embedded with a capital defense team.

By the end, the lawyers were recording their own phone calls and sending them to the journalists.

The resulting podcast, “The Last 12 Weeks,” offers a rare look inside capital defense work and the reporting decisions journalists face when they receive unusual access to sources whose work could determine whether someone lives or dies.

“The idea was, it would be nice if we could somehow get inside of the machine — inside of a death penalty case, in that final run, to see for ourselves what’s going on here?” Melathe recalled. “What exactly is the work? Why does it take so long for some of these allegations to come to light?”

The idea for the podcast series began with a simple question. What happens in the stretch of time right before an execution?

Melathe said the public tends to see a flurry of articles and celebrity videos (often from Kim Kardashian, an advocate against the death penalty) in the 72- to 48-hour window before an execution. But they wanted to understand what happened behind the scenes.

The Serial team approached Chammah, who had written about mitigation experts for The Marshall Project. They floated what Melathe called their “pie-in-the-sky idea” for a podcast: What if they could follow around death penalty lawyers racing a ticking clock?

“My initial reaction was that that would be almost impossible — not practically, but because lawyers were unlikely to agree,” Chammah said. “I had written a book about the death penalty and interviewed lots of defense lawyers, and (I’d) seen that they had just been very, very appropriately cagey about their work.”

Then in November, an email changed everything. Defense lawyer Greg Wiercioch reached out to Chammah to see if he’d be interested in covering the case of his client, David Wood, often referred to as the Desert Killer. Convicted of a string of murders in El Paso, Wood had been sitting on death row for more than three decades.

Looking back, Chammah said the timing was shockingly serendipitous. Wiercioch had declined interviews with Chammah in the past, but the two had always maintained a polite rapport.

“I hoped that past reporting that I had done paved the way for a ‘yes’ in this scenario, that they could trust that we would do an ethical and careful job,” Chammah said. “So that’s how it developed.”

Chammah told the Serial crew about the email. Wiercioch and his team were not immediately sold on the idea of letting a group of journalists follow them as they raced against the clock to stop Wood’s execution. It took some negotiating.

With a few months left before the execution, Melathe didn’t think there would be time for a thorough investigation into the claims the lawyers made about Wood’s innocence.

“But we could follow them around,” he said. “That was something that we were actually capable of doing.”

That access would form the backbone of the five-part podcast series, produced by The Marshall Project, Serial Productions and The New York Times. Chammah and Melathe spent a considerable amount of time shadowing members of the capital defense team as they knocked on doors looking for any morsel of information that could help their clients. They sat in on Zoom meetings, listening as the lawyers strategized their next move and shared updates.

“It’s really remarkable the sort of front row seat that we get,” said Jen Guerra, supervising editor at Serial who served as lead editor on “The Last 12 Weeks.” “I had not seen that level of access before.”

Melathe kept meticulous records of the calls the lawyers filled them in on. “You should see my spreadsheet for the story,” he said. One entry, for example, would have up to seven different phone calls Wiercioch had with his younger colleague Jeremy Schepers.

“They were just recording it on their iPhone and sending it to us, just like without us really asking. So it’s like an incredible amount of access. I’ve never had that happen before in my career.”

The access translated into an unusually rich reporting record.

“There’s so much tape, and so much of it is all unfolding in real time, so as an editor that was very exciting to work with and to see,” she said. “And of course the lawyers had given us access to their team meetings, so we got to hear them strategize, and that was really exciting to figure out how to use that in the podcast.”

Chammah said access for journalists is always talked about in simple terms: You either get it or you don’t. But he sees it as much more fluid.

“I have found that the best access I’ve ever gotten has often depended on developing trust and comfort over the course of months or years,” he said. “And although Greg himself had not let me do this before, or even given me an interview before, I was not an unknown quantity to him. I was not coming to him as a completely new name, and I think that that probably helped smooth the situation and get us that access.”

But that extraordinary access brought many ethical considerations. They began before they hit record. First, Wiercioch and his team, which included lawyer Naomi Fenwick, had to make sure Wood was on board. He was.

Then came what Melathe described as “micro moments” — how he and Chammah would deal with not being in the way of the story and influencing events.

“We tried to be as careful as possible,” Melathe said. “The truth is, what we really wanted to see was them doing their work to the extent possible.”

Observing the lawyers initially approach potential witnesses was part of the story.

“How do you door knock somebody and try and get them to give you information that will help save your client’s life? That is a real part of their jobs, and that’s something that we kind of needed in order to tell their story,” Melathe said.

But Chammah said the journalists didn’t want to be the reason why someone didn’t talk to the lawyers.

“You don’t want to taint the situation with your involvement,” he said, “and so we talked a lot to the lawyers about how to do this. And it ended up honestly being a different conversation for literally every scenario.”

They decided on a simple approach. They would not record when lawyers first approached witnesses. The lawyer would make first contact, and then either Melathe would introduce himself as a journalist with the Times, or Maurice would introduce himself as a journalist working with Serial. They would explain what they were doing, and then ask if it’d be OK to record.

Sometimes people said no. Sometimes they said yes.

“I think that, in a lot of these cases, it’s such a weird thing to be approached by a lawyer in this specific way about a death penalty case, that me being there as a journalist, trailing behind them, is like the second weirdest thing that’s happening to them that day,” Melathe said. “So it doesn’t feel like all that crazy to them. So a lot of people just said ‘yes’ for that reason.”

At the most basic level, Chammah said, they did not want to interfere with the defense team’s work. In Zoom meetings, they could sit and remain unobtrusive. The much trickier scenarios occurred in the field. A few times, the journalists were allowed to be in the room, but the witness didn’t want a microphone in their face.

Chammah said he and Melathe often returned to sources later to make sure sources were still comfortable. They also recognized that the lawyers’ ethical obligations weren’t the same as their own. While defense attorneys didn’t need to seek comment from people accused in court filings, the journalists did.

On a few occasions, they approached people named as alternate suspects in the El Paso murders, provided them with a full accounting of how they were being framed in the course of the defense filings and asked them for comment.

“We felt like because journalism and capital defense law are different fields, we have different ethical rules,” Chammah said. “Their first obligation is to their client. Our first obligation is to the public, and then it’s also to all of our sources, in some regards.”

Chammah said they decided early that they couldn’t just reflect the perspective of the defense lawyers.

“They’ll be the narrative spine of the story we’re telling because they’re the most active players, but we’re going to go to all of these other participants in the case, and seek interviews with them. And that’s what we did.”

The reporting continued through to the final week before Wood’s scheduled execution in March 2025. Less than 48 hours before he was scheduled to be executed, the Texas Court of Criminal Appeals granted a stay of execution. Melathe was with members of the defense team when the ruling came down.

“This was the moment all the lawyers had been working toward for the entire time Maurice and I had been following them,” Melathe narrates in the fifth and final episode. “And they’re still a little stunned that it’s happened.”

Chammah said listeners of “The Last 12 Weeks” will come away with an intimate understanding of what it’s like to do one of the legal system’s hardest jobs.

“I think people will kind of get a deeper sense of the death penalty’s cost in the world by getting this up close to all of the emotions that surround an upcoming execution date,” he said. “And then I think I’ll also gather an appreciation for how arbitrary the system is, in the sense that whether David Wood was going to get executed seemed to turn on so many little moments that could have gone one way or another, and will ultimately never always know exactly what moment made the difference.”

Throughout the reporting, Chammah said, there were little moments where he thought, “This could change everything.” And had they spent the last hour a little differently, the outcome might have changed.

“There’s this kind of butterfly effect to all of this that I think will make people look at the death penalty with a lot more, I would hope, humility and carefulness.""


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, August 1, 2026

Part 1: August 1: David Wood: Death Row: Texas: The Death penalty Information Center's Anumta Ali zeroes in on the Marshall Projects Maurice Chammah who has built his brilliant Podcast 'The Last 12 Weeks, around the battle waged by his lawyers to. present new evidence and save his life, in the weeks leading up to David Woods 2025 execution date in Texas, noting that "In 2024, after los­ing all his appeals, Mr. Wood’s defense team obtained a sworn state­ment from pris­on­er George Hall which brought into ques­tion the legit­i­ma­cy of tes­ti­mo­ny from key pros­e­cu­tion tri­al wit­ness­es. Mr. Hall admit­ted that he and oth­er incar­cer­at­ed indi­vid­u­als were encour­aged by police to false­ly report that Mr. Wood con­fessed to com­mit­ting the Desert Murders in El Paso, Texas. Greg Wiercioch, Mr. Wood’s lead attor­ney, agreed to per­mit Mr. Chammah from The Marshall Project to cov­er the case. Through deeply vul­ner­a­ble accounts by mem­bers of Mr. Wood’s defense team, lis­ten­ers hear how they grap­pled with chal­leng­ing deci­sions, such as whether to vis­it the only liv­ing infor­mant in the hos­pi­tal, until he lat­er died from lung cancer."



LINK TO THE PODCAST: 


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

PUBLISHER'S NOTE: What do police informants have to do with forensic science? (I'm glad you asked). Investigative Reporter Pamela Colloff give us a clue when she writes - at the link below - "I’ve wanted to write about jailhouse informants for a long time because they often appear in troubled cases in which the other evidence is weak." That's my experience as will as a criminal lawyer and an observer of criminal justice. Given the reality that jurors - thanks to the CSI effect - are becoming more and more insistent on the need for there to be forensic evidence, it is becoming more and more common for police to rely on shady tactics such as use of police snitches, staging lineups, coercing, inducing, or creating false confessions out of thin air, procuring false eyewitness testimony or concealing exculpatory evidence. 

HARPLD LEVY:  The Charles Smith Blog; 

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

PASSAGE OF THE DAY: "Mr. Wood spent over thir­ty years in prison and faced a pre­vi­ous exe­cu­tion date after being con­vict­ed in 1985 of mul­ti­ple killings that became known as ​“the Desert Murders.” After mul­ti­ple bod­ies were uncov­ered in the desert in El Paso, Texas, police and pros­e­cu­tors sought to deter­mine who was respon­si­ble, ulti­mate­ly using tes­ti­mo­ny from jail­house infor­mants as their key evi­dence. That same tes­ti­mo­ny was lat­er cast into doubt by Mr. Hall’s sworn statement. The series cov­ers the exten­sive efforts made by Mr. Wood’s team lead­ing up to his March 2025 exe­cu­tion date, which was halt­ed by the Texas Court of Criminal Appeals (TCCA) just two days before he was sched­uled to die. On July 30, 2025, the TCCA returned Mr. Wood’s case to the tri­al court to review his claims of inno­cence and ineffective representation."

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


PASSAGE TWO OF THE DAY: "In con­junc­tion with the release of the pod­cast, The New York Times and The Marshall Project have also released an analy­sis of more than 9,000 death sen­tences imposed over the last 50 years, using data from the Death Penalty Information Center and Professor Frank Baumgartner."

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


POST: “The Last 12 Weeks” Podcast Illuminates the Work of a Texas Capital Defense Team," by Researcher and writer, with special interest in Wrongful convictions, Anumta Ali, published on June 25, 2026.

GIST: "On June 18, 2026, The Marshall Project released ​“The Last 12 Weeks,” a pod­cast series detail­ing the weeks lead­ing up to David Wood’s 2025 exe­cu­tion date in Texas. The series fol­lows Mr. Wood’s defense team as they re-inves­ti­gate his case and iden­ti­fy evi­dence over­looked by state pros­e­cu­tors at tri­al. Hosted and report­ed by Maurice Chammah from The Marshall Project and Alvin Melathe from Serial Productions, the series gives a dynam­ic account of the usu­al­ly pri­vate per­spec­tive of cap­i­tal defense teams as they fight for an oppor­tu­ni­ty to present new evi­dence and stop their client’s execution.

“A stay is the best the lawyers can hope for here. For the court to say, ​‘Hold up, there’s some­thing poten­tial­ly wrong here. Let’s send the case to a low­er court to dig deep­er.’ It’s high­ly unlike­ly this court will sim­ply declare David Wood inno­cent, but a stay is still big. It means David Wood gets to live, and then his team can spend months or even years con­tin­u­ing to make the case for his innocence.”

MAURICE CHAMMAH, JOUR­NAL­IST WITH THE MARSHALL PROJECT

In 2024, after los­ing all his appeals, Mr. Wood’s defense team obtained a sworn state­ment from pris­on­er George Hall which brought into ques­tion the legit­i­ma­cy of tes­ti­mo­ny from key pros­e­cu­tion tri­al wit­ness­es. Mr. Hall admit­ted that he and oth­er incar­cer­at­ed indi­vid­u­als were encour­aged by police to false­ly report that Mr. Wood con­fessed to com­mit­ting the Desert Murders in El Paso, Texas. Greg Wiercioch, Mr. Wood’s lead attor­ney, agreed to per­mit Mr. Chammah from The Marshall Project to cov­er the case. Through deeply vul­ner­a­ble accounts by mem­bers of Mr. Wood’s defense team, lis­ten­ers hear how they grap­pled with chal­leng­ing deci­sions, such as whether to vis­it the only liv­ing infor­mant in the hos­pi­tal, until he lat­er died from lung cancer.

“I think it’s worth men­tion­ing here that all of the lawyers on this call have had clients who were exe­cut­ed. Clients who they could­n’t save. Greg, Jeremy, Naomi, they’ve all had to sit in front of some­one and tell them, ​‘We’re out of options.’ They’ve all had to watch what that does to a human being, tak­ing in the news that soon they’ll be killed. I know from sto­ries I’ve done in the past that the exe­cu­tion of a client is a shat­ter­ing event for habeas lawyers. One lawyer said that the final­i­ty of it is enough to give you ver­ti­go, to watch a per­son who you’ve built a rela­tion­ship with some­times over years, be reduced to a few file box­es you put into stor­age at the office.”

MAURICE CHAMMAH, JOUR­NAL­IST WITH THE MARSHALL PROJECT

Mr. Wood spent over thir­ty years in prison and faced a pre­vi­ous exe­cu­tion date after being con­vict­ed in 1985 of mul­ti­ple killings that became known as ​“the Desert Murders.” After mul­ti­ple bod­ies were uncov­ered in the desert in El Paso, Texas, police and pros­e­cu­tors sought to deter­mine who was respon­si­ble, ulti­mate­ly using tes­ti­mo­ny from jail­house infor­mants as their key evi­dence. That same tes­ti­mo­ny was lat­er cast into doubt by Mr. Hall’s sworn statement.

The series cov­ers the exten­sive efforts made by Mr. Wood’s team lead­ing up to his March 2025 exe­cu­tion date, which was halt­ed by the Texas Court of Criminal Appeals (TCCA) just two days before he was sched­uled to die. On July 30, 2025, the TCCA returned Mr. Wood’s case to the tri­al court to review his claims of inno­cence and ineffective representation.

In con­junc­tion with the release of the pod­cast, The New York Times and The Marshall Project have also released an analy­sis of more than 9,000 death sen­tences imposed over the last 50 years, using data from the Death Penalty Information Center and Professor Frank Baumgartner."

The entire Post can be read at:

https://deathpenaltyinfo.org/the-last-12-weeks-podcast-illuminates-the-work-of-a-texas-capital-defense-team

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, July 31, 2026

July 31: Part Two : 'The Truth Will Out,' Junk 'Science' series: Jimmie "Chris" Duncan; Louisiana: In the previous post in this series, NBC News Investigative Reporter Dan Slepian refers to a disturbing video - buried by the court for decades - that might never have come to light if it weren't for accomplished Journalist Radley Balko, (then Senior Editor at Reason Magazine)...The article, published in 'Reason' on December 19, 2009, was headed, "Manufacturing Guilt? Experts say this exclusive video shows a dental examiner creating the bite marks that put a man on death row." As you will see, It's a wonderful article that is very relevant today, by a tough, formidable journalist, who truly understands and ably reports and comments on the world of criminal justice. HL:



QUOTE OF THE DAY: "Reason first asked Michael Bowers to comment on the video. Bowers, a practicing dentist, is a deputy medical examiner for Ventura County, California and a past chairman of the American Board of Forensic Odontology's Exam and Credentialing Committee. He worked with the Innocence Project to help free Kennedy Brewer. "This is the best documentation I've ever seen of Dr. West's junk bite-mark comparisons," Bowers said in a phone interview last month. When asked how abrasions on Oliveaux's cheek not present when the video begins could later appear, Bowers answered, "Because Dr. West created them. It was intentional. He's creating artificial abrasions in that video, and he's tampering with the evidence. It's criminal, regardless of what excuse he may come up with about his methods." Bowers added, "You never jam a plaster cast into a possible bite mark like that. It distorts the evidence. You take a photograph, or if there are indentations, you take an impression. But you don't jam plaster teeth into them." After viewing the video, Bowers submitted an affidavit for Jimmie Duncan's defense."

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

PASSAGE OF THE DAY: "Prosecutors initially refused to turn the video over to Duncan's attorneys. In one brief filed during pre-trial motions in 1995, they noted the controversy surrounding West, and argued that "the defense is somehow hoping to drag Dr. West into this case in order to create ancillary issues for the jury." A year later, they relented and finally turned over the tape. For whatever reason, Duncan's trial attorneys never used the video; they never even showed it to their own expert, forensic odontologist Richard Souviron. (Duncan's trial attorneys declined to speak with Reason, because his case is still active.)"

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

PASSAGE TWO OF THE DAY: "Souviron recently had the opportunity to view the video for the first time. In a new affidavit submitted to Duncan's post-conviction attorneys, Souviron describes the video as showing "Dr. West, violently and repeatedly, forcing a mold of Jimmie Duncan's teeth into Ms. Oliveaux's right cheek. In doing so, Dr. West creates a mark that was not previously present. Dr. West's behavior and methods are absolutely not supported by any scientific standards or protocol." Souviron added in the affidavit that hospital photographs show that "none of the marks were present when Ms. Oliveaux was at the hospital," and that the abrasions that Reisner testified about for the prosecution "were created by the flagrant misconduct of Dr. Michael West."

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

PUBLISHER'S NOTE: In the previous post in this 'Jimmie Duncan, Junk Science' series, NBC News Investigative Reporter Dan Slepian refers to a disturbing video - buried by the court for decades - that might never have come to light if it weren't for accomplished Journalist Radley Balko, ( then Senior Editor at Reason Magazine) who is quoted as saying: "I started watching the video and immediately I'm floored. Balko got his hands on the tape 2 decades ago. Back then he wrote an article about it that says. "no one seems to care.: "I'm waiting for the fallout - I'm waiting for the Attorney General and, I don't know, to say something about it. And nothing happens." The article, published in 'Reason' on December 19, 2009, was headed "Manufacturing Guilt? Experts say this exclusive video shows a dental examiner creating the bite marks that put a man on death row." As you will see, It's a wonderful article that is very relevant today, by a tough, formidable journalist, who truly understands and ably reports and comments on  the world of criminal justice. 

Harold Levy: Publisher: The Charles Smith Blog;

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


STORY: "Manufacturing Guilt? Experts say this exclusive video shows a dental examiner creating the bite marks that put a man on death row," by Radley Balko, then a Senior Editor  at Reason  Magazine, on February 19, 2009.  

EDITORS NOTE: "The following article contains graphic and disturbing photographs and video excerpts of an examination conducted on the body of a 23-month-old girl. The images are the basis of claims that forensic experts fabricated evidence in a case that put a man on death row, where he awaits exoneration or execution."

GIST: "For most of the last 20 years, doctors Steven Hayne and Michael West have served as expert forensic witnesses for the state of Mississippi. Until 2008, Hayne served as the de facto state medical examiner, dominating a criminal autopsy market in which prosecutors contract out examinations to favored private doctors. West, a dentist, served one term as the elected coroner in Forest County, Mississippi in the 1990s and partly through his work with Hayne became a popular bite-mark examiner among prosecutors. Both men have come under intense scrutiny for questionable working procedures and dubious testimony—West off and on for 15 years, Hayne mostly in the last two. Reason has been following Hayne's deteriorating career since an October 2006 article that detailed his role in putting a possibly innocent man named Cory Maye on death row (see an archive of our Hayne-related reporting at: www.reason.com/hayne).

Last year, two men that Hayne and West helped convict of murder in the early 1990s, Levon Brooks and Kennedy Brewer, were exonerated and freed from prison through DNA testing after serving more than 30 years combined behind bars. Both men had been accused of raping and murdering the daughters of their respective girlfriends. In what has come to be a pattern with the two doctors, in each case Hayne claimed to have found in an initial autopsy what other examiners missed: bite marks on the victim's body. He then called in West, a forensic odontologist (dental examiner), who definitively matched bite marks to the defendants. Partly because of the testimony from Hayne and West, Brooks was sentenced to life in prison, and Brewer to death (he spent 14 years on death row). DNA testing in 2008 determined that the semen found on both girls belonged to a third man, 51-year-old Albert Johnson. As Brooks and Brewer were freed, Johnson confessed to both crimes.
The Brooks and Brewer cases form their own forensics riddle: How could West and Hayne have definitively linked previously undetected bite marks on the victims to two men who didn't commit the murders?

Reason recently obtained shocking video from another Hayne and West collaboration that may shed light on the question. In 1993, the two conducted an examination on a 23-month-old girl named Haley Oliveaux of West Monroe, Louisiana, who had drowned in her bathtub. The video shows bite marks mysteriously appearing on the toddler's face during the time she was in the custody of Hayne and West. It then shows West repeatedly and methodically pressing and scraping a dental mold of a man's teeth on the dead girl's skin. Forensic scientists who have viewed the footage say the video reveals not only medical malpractice, but criminal evidence tampering.

How Jimmie Duncan Landed on Death Row


Haley Oliveaux did not have a happy young life. Her mother was divorced. Her father was in prison. In November 1993, she was twice taken to the hospital after suffering seizures. On November 29 of that year, she was again admitted to the hospital, this time after allegedly pulling a chest of drawers down on top of herself while climbing to reach for a piggy bank. She suffered multiple skull fractures in the incident and, notably, some bruising on her left elbow. An investigation by the West Monroe Police Department and Ouachita Parish Child Protective Services found no evidence of abuse and no reason to doubt the piggy bank story.

Three weeks later, on December 18, Allison Oliveaux went to work at 8:45 a.m., leaving Haley in Jimmie Duncan's care. According to Duncan, he gave Haley a bath later that morning, and left her in the bathtub while he washed some dishes. At around 10:30 a.m., Duncan said, he returned to the bathroom to find her lying motionless in the tub. Duncan said he rushed Haley to the house next door, where neighbor Floyd Bennett tried to administer CPR while his son called an ambulance. The ambulance crew described Duncan as hysterical and weeping. Haley was taken to the hospital, and pronounced dead shortly thereafter. After admitting to the police that he'd left Haley alone in the tub, Jimmie Duncan was arrested and charged with negligent homicide, or criminal inaction leading to another person's death.

But after the autopsy and examination by Hayne and West, prosecutors raised the charges. Citing the bite-mark analysis, along with other evidence, prosecutors charged Duncan with capital murder, alleging that he raped Haley Oliveaux in the bathtub, forced her head underwater, bit her, and drowned her. Five years later, even though the only physical evidence directly linking him to the girl was the bite-mark analysis, Jimmie Duncan was tried, convicted, and sentenced to death. He has been on death row in Louisiana for 10 years.

Louisiana had its own medical examiners at the time who were closer to the scene of the crime. Nonetheless, Haley Oliveaux's body was taken from Glenwood Regional Medical Center in West Monroe, Louisiana, 120 miles east to Jackson, Mississippi, so it could be autopsied by Hayne. At the time, Hayne, who has never been certified in forensic pathology, was performing the majority of autopsies in Mississippi, some 1,200-1,500 per year. That's an output other forensic pathologists describe as impossible (he was also holding down two hospital jobs and testifying regularly in court).

Despite his heavy workload in Mississippi, Hayne, with West by his side, began looking for business in Louisiana, too. In October 1993, the Baton Rouge Advocate reported that officials in Ouachita Parish (where West Monroe is located) were considering sending criminal autopsies to Hayne, despite concerns expressed by other medical examiners about the quality of his work. Oliveaux was one of Hayne's first autopsies for Ouachita Parish, according to testimony from Duncan's trial. Among those who traveled 120 miles to observe the examination were the West Monroe police chief, a police detective and captain, plus two assistant district attorneys. Though it isn't particularly unusual for a district attorney or police officer to witness an autopsy, it is unusual for them to travel two hours and cross state lines to do so. The National Association of Medical Examiners discourages doctors from speaking to law enforcement officials before conducting exams because because doing so can bias a doctor's conclusions. At Duncan's trial five years later, one of his attorneys likened the Oliveaux autopsy to a job evaluation. If it was, Hayne passed. By that time Hayne was performing the bulk of Ouachita Parish's criminal autopsies, 30 to 40 per year.

Hayne testified that during an initial examination of Oliveaux's body, he was able to find bite marks that at the time no other medical professional had noticed—just as he'd done in the Brewer and Brooks cases before. And just as it happened in the Brewer and Brooks cases, Hayne's discovery of potential bite marks gave local authorities probable cause to obtain a plaster dental mold of the defendant's teeth, in this case Jimmie Duncan. Hayne then called in West to perform his unique brand of "analysis." West concluded that the marks were made by human teeth belonging to the man police and prosecutors suspected of killing the child.

The Video

Hayne and West videotaped many of their autopsies and forensic examinations over the years. For whatever reason, the video of West's examination of Haley Oliveaux was preserved, and Duncan's post-conviction attorneys found it in the district attorney's file last year. They were shocked at what they saw. The full video is 24 minutes long. The brief excerpts that follow show Oliveaux's face on successive days. At the start of the videotaped examination from December 18, 1993, her right cheek appears free of any noticeable marks. Yet after the tape cuts to December 19, 1993, the cheek shows prominent signs of abrasions, which are then exacerbated by West's handiwork.

Warning: These video excerpts, approximately 30 seconds long, contain disturbing images.

The full 24-minute video opens with Michael West's initial examination of Haley Oliveaux's body on the night of December 18, 1993. He notes several injuries, but at no time does he mention the presence of possible bite marks on Oliveaux's right cheek. The video itself shows no sign of bite marks, scrapes, or abrasions on the cheek.

At the 4:55 mark, there's a cut in the original video, representing the break between West's initial exam on December 18, and a follow-up bite-mark analysis on December 19. After the break, West stands over Oliveaux's body, which now contains a striking red abrasion on her right cheek—an abrasion that wasn't there before. West then takes the plaster cast of Jimmie Duncan's teeth and pushes it into the scrape on Oliveaux's jaw. Over the next few minutes he jams, drags, and scrapes the dental mold across Oliveaux's cheek 17 times. For the entire 24-minute video, West uses Duncan's teeth mold on Oliveaux's skin more than 50 times.

Expert Opinion on the Video


Reason first asked Michael Bowers to comment on the video. Bowers, a practicing dentist, is a deputy medical examiner for Ventura County, California and a past chairman of the American Board of Forensic Odontology's Exam and Credentialing Committee. He worked with the Innocence Project to help free Kennedy Brewer.

"This is the best documentation I've ever seen of Dr. West's junk bite-mark comparisons," Bowers said in a phone interview last month.

When asked how abrasions on Oliveaux's cheek not present when the video begins could later appear, Bowers answered, "Because Dr. West created them. It was intentional. He's creating artificial abrasions in that video, and he's tampering with the evidence. It's criminal, regardless of what excuse he may come up with about his methods." Bowers added, "You never jam a plaster cast into a possible bite mark like that. It distorts the evidence. You take a photograph, or if there are indentations, you take an impression. But you don't jam plaster teeth into them." After viewing the video, Bowers submitted an affidavit for Jimmie Duncan's defense.

Reason also showed the video to David Averill, a dentist and a former president of the American Board of Forensic Odontology. "The video is troubling. I don't know how you can explain where those marks come from. And there's just no justification for him to push the cast into the skin like that," Averill said. "That isn't an acceptable way to perform a bite mark analysis."

Duncan's post-conviction attorneys hired San Diego forensic pathologist Harry Bonnell to review Hayne and West's testimony in the case. Bonnell, who has been highly critical of Hayne in the past, sits on the board of trustees for Parents of Murdered Children, Inc., a victim advocacy group. He has worked for the Armed Forces Institute of Pathology and formerly served on the ethics committee of the National Association of Medical Examiners. By email, Bonnell told Reason, "If what I am seeing on the video is accurate, someone is using the mold of Duncan's teeth to create an apparent bite mark; this, in my mind, is criminal tampering with evidence."

In his affidavit for Jimmie Duncan's defense, Bonnell elaborated:

The injury to the cheek of Haley Oliveaux is not seen in hospital photos…and was generated by using a mold of Duncan's teeth to create a bitemark. The injuries on the child's face are abrasions, which form almost immediately, unlike bruises, therefore the fact that the marks are not present in hospital photos and in the beginning of the West Video makes it medically impossible that Jimmie Duncan could have inflicted any of these injuries. Nor is it possible that witnesses could have seen these marks in the emergency room, as abrasions cannot appear, then disappear, and then reappear at the morgue…stating that the bites (which they are not) were inflicted within 30 minutes of death is rubbish, and supported by no scientific fact or literature.

The above image of Haley Oliveaux comes from the start of the autopsy video of Haley Oliveaux on December 18, 1993. The image below comes from December 19, 1993, when the video of the examination continued.

The Tainted Dr. West


West himself never testified at Jimmie Duncan's trial. Between his examination of Oliveaux in 1993 and Duncan's trial in 1998, the bite-mark analyst came under fire for his working methods and credulity-stretching testimony. In 1994, an ethics committee from the American Academy of Forensic Sciences unanimously recommended that West be expelled from the organization. West resigned instead. His work was criticized in such national media outlets as Newsweek, the ABA Journal, and National Law Journal. By 1998, Duncan's prosecutors recognized the baggage West carried and dropped him from the case. Still, West continued to both work with Hayne and testify in Mississippi until well into the 2000s.

Duncan's prosecutors then turned to Dr. Neal Reisner, a forensic odontolgist from Scarsdale, New York. Relying only on photos West took after the examination depicted in the video, Reisner testified that the marks on Oliveaux's cheek were indeed bite marks, and that "to a reasonable degree of medical certainty," he could determine that they came from Jimmie Duncan.

The video above was never shown at Jimmie Duncan's trial. It wasn't even shown to the expert witnesses from either side. Trial Judge Charles Joiner did view the tape, and inexplicably concluded that it contained "no exculpatory evidence favorable to the defendant," a conclusion that the forensics specialists Reason spoke with strongly dispute.

Prosecutors initially refused to turn the video over to Duncan's attorneys. In one brief filed during pre-trial motions in 1995, they noted the controversy surrounding West, and argued that "the defense is somehow hoping to drag Dr. West into this case in order to create ancillary issues for the jury." A year later, they relented and finally turned over the tape. For whatever reason, Duncan's trial attorneys never used the video; they never even showed it to their own expert, forensic odontologist Richard Souviron. (Duncan's trial attorneys declined to speak with Reason, because his case is still active.)

Souviron recently had the opportunity to view the video for the first time. In a new affidavit submitted to Duncan's post-conviction attorneys, Souviron describes the video as showing "Dr. West, violently and repeatedly, forcing a mold of Jimmie Duncan's teeth into Ms. Oliveaux's right cheek. In doing so, Dr. West creates a mark that was not previously present. Dr. West's behavior and methods are absolutely not supported by any scientific standards or protocol." Souviron added in the affidavit that hospital photographs show that "none of the marks were present when Ms. Oliveaux was at the hospital," and that the abrasions that Reisner testified about for the prosecution "were created by the flagrant misconduct of Dr. Michael West."

The Hayne-West Legacy


West was still testifying in Mississippi courtrooms until at least the year 2000, long after he'd resigned from the American Academy of Forensic Sciences. As late as 2007, prosecutors were still relying primarily on West's testimony to keep Kennedy Brewer in prison. And despite the Brooks and Brewer exonerations, the state has refused to conduct a review of the hundreds of cases in which West has testified.

Tucker Carrington, director of the Mississippi chapter of the Innocence Project, argues that West's influence may run even deeper. "You also have to consider all the cases where someone may have falsely confessed, or accepted plea bargain for a crime they didn't commit after being presented with West's findings. Those cases aren't going to show up in legal searches," he says. "West was also widely used by the state's social services agencies. His testimony has helped the state take who knows how many children away from their parents."

The story with Hayne is even grimmer. In August of last year, Mississippi announced that it finally would no longer include Hayne on its list of medical examiners cleared to perform criminal autopsies. The move effectively ended Hayne's reign as Mississippi's de facto medical examiner.

But as with West, Mississippi officials still refuse to acknowledge that there was ever a significant problem with Hayne, and have no intention of investigating just how much damage he may have done to the state's criminal justice system. Given that Hayne performed approximately 80 percent to 90 percent of the state's autopsies for close to 20 years, the number of cases in which he has testified is likely in the tens of thousands. Worse yet, even in terminating Hayne, the state agreed to allow him to complete a backlog of approximately 600 autopsies. As of this article's posting, he's still testifying in Mississippi courts.

Radley Balko is a senior editor at Reason magazine.

The story can be read at:

https://reason.com/2009/02/19/manufacturing-guilt/


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

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;