Wednesday, April 8, 2026

April 8: Douglas Stewart Carter: False Confession Case:, Utah: This former death row inmate has asked a judge to dismiss his murder case slated for retrial, The Daily Independent (AP) reports, noting that: "Douglas Stewart Carter, 70, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief. No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on a signed confession and two witnesses who said he had bragged about killing Olesen, a white woman. Carter argued his confession was coerced. The witnesses — a couple living in the U.S. without legal status — said years later that police and prosecutors offered to pay their rent, coached them to lie in court and threatened them and their son with deportation if they did not implicate Carter."



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

Harold Levy: Publisher; The Charles Smith Blog:

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PASSAGE OF THE DAY:  "Defense attorneys argue in the new motion that an investigator suppressed evidence pointing to other suspects, including the victim’s husband, Orla Olesen. The motion alleges prosecutors were close to filing charges against the husband, but a Provo police lieutenant asked them not to so he could continue investigating. Carter was identified as a suspect soon after, the document alleges."

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PASSAGE TWO OF THE DAY: "Orla Olesen, who died in 2009, had told police he found his wife dead in their home, partially undressed and with her hands tied behind her back. She had been stabbed 10 times and shot in the back of the head, according to court documents. Prosecutors said in court filings last week that they were not sure if Provo police still had the tape recording of Orla Olesen's polygraph test. They also said they state does not have any of the clothes seized from him during the investigation. They did not have information on any other items of his that may have been taken as evidence."

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STORY: "Former death row inmate asks Utah judge to dismiss murder case slated for retrial," published by The Daily Independent, on April 3, 2026. - Daily Independent

GIST: "PROVO, Utah (AP) — A man who spent decades on death row in Utah asked a judge Friday to throw out his aggravated murder case after the state Supreme Court last year ordered a new trial due to misconduct by investigators.

Douglas Stewart Carter, 70, was sentenced to death in 1985 after a jury found him guilty of murdering Eva Olesen, the aunt of a former Provo police chief. No physical evidence linked him to the crime scene, but the jury convicted Carter, a Black man, based on a signed confession and two witnesses who said he had bragged about killing Olesen, a white woman.

Carter argued his confession was coerced. The witnesses — a couple living in the U.S. without legal status — said years later that police and prosecutors offered to pay their rent, coached them to lie in court and threatened them and their son with deportation if they did not implicate Carter.

Judge Derek Pullan reversed the conviction in 2022, and the Utah Supreme Court affirmed that ruling last May, saying “numerous constitutional violations” merited a retrial. Carter has remained in prison while awaiting that trial. The judge scheduled a bond hearing for June.

“Douglas Carter spent over 40 years on death row for a crime which he, and the evidence, says he did not commit. Legally, enough is enough," his defense team said in a motion filed Friday.

Prosecutors have maintained that Carter’s case should not be dismissed.

Defense attorneys argue in the new motion that an investigator suppressed evidence pointing to other suspects, including the victim’s husband, Orla Olesen. The motion alleges prosecutors were close to filing charges against the husband, but a Provo police lieutenant asked them not to so he could continue investigating. Carter was identified as a suspect soon after, the document alleges.

The Provo Police Department and prosecutors with the Utah County Attorney's Office did not respond Friday to email and phone messages seeking comment. Prosecutors have not yet filed a response to the motion.

Orla Olesen, who died in 2009, had told police he found his wife dead in their home, partially undressed and with her hands tied behind her back. She had been stabbed 10 times and shot in the back of the head, according to court documents.

Prosecutors said in court filings last week that they were not sure if Provo police still had the tape recording of Orla Olesen's polygraph test. They also said they state does not have any of the clothes seized from him during the investigation. They did not have information on any other items of his that may have been taken as evidence."

The entire story cannot be be read at:

https://www.yourvalley.net/stories/former-death-row-inmate-asks-utah-judge-to-dismiss-murder-case-slated-for-retrial,676263

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!

Christina Swarns: Executive Director: The Innocence Project;

Tuesday, April 7, 2026

April 7: Mark Karun: Connecticut; Contamination of evidence? More particulars on the role recently deceased forensic scientist Henry played in the decision of a judge to grant a mistrial in a cold case murder, provided by 'The Hour' (Breaking News Reporter Peter Peter Yanowski), in a story headed, "Possible used body bag spurs mistrial in Norwalk cold case murder of child. What happens next?"…On Thursday, the prosecution revealed they had received an email that morning that had been forwarded from the Chief State's Attorney's Office. The email's author identified himself as a retired Norwalk cop who had headed the detective bureau at the time of the murder. The author, identified as retired Norwalk police Lt. Robert Fabrizzio, reported he had been following the case's coverage in The Hour. "I know how important the collection of evidence is," Ferencek read, quoting the email. "There is something that I recall and I do not know if you are aware of it or if it makes any difference in the case. A short time after the case I received a phone call from Dr. Lee at the state crime lab advising me that Kathleen's body had been placed in a used body bag by the state medical examiner. He was concerned about contamination of evidence. He asked me why I allowed them to use a used bodybag. I told him I was not on the scene when she was removed."



PASSAGE OF THE DAY: "The email was brought up in court before the jury was brought in. On Monday, Karun's attorney, Francis O'Reilly, said the defense was in an "irreparable position," after the email's disclosure.  (States Attorney) Ferencek noted Thursday that nothing in the medical examiner's report or police files mentioned the reused body bag.  Attorney Francis O’Reilly, who represents Karun, said the defense was in an “irreparable position” in the wake of the allegations. Ferencek said the retired lieutenant claimed to have received the information from Dr. Henry Lee, and said it was very unlikely Lee was at the scene."


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PASSAGE TWO OF THE DAY: "During court on Monday, (State's Lawyer) Ferencek called the information "unreliable." (Defence  Lawyer) O'Reilly said his team would also not be able to question Lee."


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STORY:  "Possible used body bag spurs mistrial in Norwalk cold case murder of child. What happens next?," by Breaking News Reporter Peter Yanowski on April 6, 2026, published by 'The Hour,' on April 6, 2026.


PHOTO CAPTION: "Thirty-three years after the sexual assault and murder of Norwalk schoolgirl Kathleen Flynn, police arrested Marc Karun, a Maine man and former Norwalk resident. Without conclusive DNA evidence, what led police to arrest the him?"


GIST: “A Connecticut judge on Monday declared a mistrial in the case of a man charged with killing an 11-year-old girl in Norwalk nearly 40 years ago after it was revealed her body may have been placed in a used body bag


Marc Karun, 60, was also charged with murder with special circumstances and first-degree kidnapping in the 1986 killing of Kathleen Marie Flynn. Kathleen, who went by Kathy, went missing after leaving school on Sept. 23, 1986. Her body was found the following day in a wooded area off a trail near Ponus Ridge Middle School.


On the fifth day of the trial on Monday, Stamford Superior Court Judge John Blawie granted a mistrial. Prosecutors brought up the issue of the body bag on Thursday before the proceedings resumed Monday after the Good Friday holiday.

Here's what happened, and what it could mean for a future prosecution in the case:


What does a mistrial mean?

After a mistrial, prosecutors still have the option to present the case again.


The decision means a judge has voided the trial before a decision was reached by the jury, the American Bar Association notes. That can happen for a number of reasons, including a jury becoming deadlocked and unable to return a verdict. 

That can happen even if a jury returns a verdict on some charges, but not others.


 In an unrelated case last year, a jury found a former high school student not guilty of murder in a fatal stabbing at a house party, but became deadlocked on lesser charges. Prosecutors have since brought a new case against the former student, Raul Valle, on those lesser charges. 


Blawie said he would not grant a motion dismissing the case. 


“I don’t want to do this, but on the other hand, I feel I don’t have a choice,” the judge said.


Blawie noted that he was concerned about the fairness of the trial, as DNA evidence is at the heart of the trial, and that the lack of a record of the claim until Thursday was troubling. 


Following the decision, State's Attorney Paul Ferencek said prosecutors will now work with the state lab to assess the "validity of the allegation."


"We’re obviously disappointed by this turn of events, especially for the family members of Kathy Flynn, who have waited forty years for justice and some degree of closure. When the State learned of Mr. Fabrizzio’s allegation last Thursday, we immediately notified the Court and defense counsel, fulfilling our legal and ethical obligations even though it contributed to the mistrial," Ferencek said in a statement Monday. "We remain committed to a fair process and to upholding the integrity of the justice system as we review the case and determine next steps.”


Former cop was emailed prosecution

On Thursday, the prosecution revealed they had received an email that morning that had been forwarded from the Chief State's Attorney's Office. The email's author identified himself as a retired Norwalk cop who had headed the detective bureau at the time of the murder.


The author, identified as retired Norwalk police Lt. Robert Fabrizzio, reported he had been following the case's coverage in The Hour.


"I know how important the collection of evidence is," Ferencek read, quoting the email. "There is something that I recall and I do not know if you are aware of it or if it makes any difference in the case. A short time after the case I received a phone call from Dr. Lee at the state crime lab advising me that Kathleen's body had been placed in a used body bag by the state medical examiner. He was concerned about contamination of evidence. He asked me why I allowed them to use a used bodybag. I told him I was not on the scene when she was removed."


The email was brought up in court before the jury was brought in.


On Monday, Karun's attorney, Francis O'Reilly, said the defense was in an "irreparable position," after the email's disclosure. 


Ferencek noted Thursday that nothing in the medical examiner's report or police files mentioned the reused body bag. 


Attorney Francis O’Reilly, who represents Karun, said the defense was in an “irreparable position” in the wake of the allegations.


Ferencek said the retired lieutenant claimed to have received the information from Dr. Henry Lee, and said it was very unlikely Lee was at the scene. 


Case is the latest to involve Henry Lee

Monday's mistrial is the latest court drama to allegedly involve the famed forensic scientist Henry Lee. 


Lee, who headed the Connecticut State Police forensic lab for more than two decades, was part of a team behind the conviction of Richard Crafts, who was accused of killing his wife Helle Crafts and feeding her body through a woodchipper. He was convicted despite the lack of a body.


Lee went on to serve as a key defense witness in the OJ Simpson trial, and as a consultant in other high-profile killings, including the trial of Scott Peterson in 2004 and killing of JonBenet Ramsey in 1996.


In 2023, Lee was found to have lied on the stand in the case of two men, Ralph Birch and Shawn Henning. Both were convicted of the 1985 murder of Everett Carr in New Milford. They were exonerated in 2020, after having served decades behind bars.


Lee died last month at the age of 87.


During court on Monday, Ferencek called the information "unreliable." O'Reilly said his team would also not be able to question Lee."


The entire story can be read at: 


norwalk-marc-karun-mistrial-kathleen-marie-flynn-22191506.php


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!

Christina Swarns: Executive Director: The Innocence Project;

April 7: Jeff Titus et al: Kalamazoo County: Michigan: Cold cases (which often hinge on forensic science): Great for podcasts devotees of 'true crime' and police who are driven to close cases? But do they always achieve truth? 'mlive.com' reporter Ryan Bolder tussles with this question in a story headed, "Did a Kalamazoo cold case team prioritize closing cases over objective truth?"…"Jeff Titus was arrested by a Kalamazoo County cold case team in 2001, accused of fatally shooting two hunters in 1990. In 2002, despite numerous issues with his case, he was convicted of murder. Titus always maintained his innocence, however. And after nearly 21 years behind bars and a lengthy legal battle, he was exonerated and released from prison in February 2023. That cold case team was 15 for 15 in getting convictions among the cases it considered in the early 2000s. Was Titus’ case the only one it got wrong?"



PASSAGE OF THE DAY: "That’s a question the investigative true crime podcast, "Proof," has been digging into during its current season, “Murder at the Bike Shop,” which launched earlier this year. And they aren’t the only ones. The Michigan Innocence Clinic, which has won relief in 45 cases on behalf of wrongfully convicted defendants since its inception in 2009, has also been digging into Kalamazoo’s old cold case team."


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PASSAGE TWO OF THE DAY: "Looking at cases like Lard’s, as well as the others, Simpson said the cold case team displayed troubling patterns in how they went about their business. That included continuing to go back to witnesses with more information until they got the statement that matched their beliefs, she said. It appears they were more concerned with closing cases than objective truth, former defense attorney Susan Simpson said. “It’s not just Jeff. It’s not just Scott,” she said. “I don’t know how many more there are, but I think there needs to be a review of all these cases. “It’s just too big of a scale of a problem."

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STORY: "Did a Kalamazoo cold case team prioritize closing cases over objective truth?," by Reporter Ryan Bolder, published by Clive.com, on April 5, 2026. (Ryan Boldrey covers courts, community affairs and human-interest stories for the Kalamazoo Gazette and mlive.)


SUB-HEADING: "Earl O'Byrne's body was removed from the Kalamazoo Cycle Company on Harrison Street after he was found murdered in June 1988."


GIST: "Jeff Titus was arrested by a Kalamazoo County cold case team in 2001, accused of fatally shooting two hunters in 1990.

In 2002, despite numerous issues with his case, he was convicted of murder.

Titus always maintained his innocence, however. And after nearly 21 years behind bars and a lengthy legal battle, he was exonerated and released from prison in February 2023.

That cold case team was 15 for 15 in getting convictions among the cases it considered in the early 2000s.

Was Titus’ case the only one it got wrong?

That’s a question the investigative true crime podcast, "Proof," has been digging into during its current season, “Murder at the Bike Shop,” which launched earlier this year.

And they aren’t the only ones.

The Michigan Innocence Clinic, which has won relief in 45 cases on behalf of wrongfully convicted defendants since its inception in 2009, has also been digging into Kalamazoo’s old cold case team.

PHOTO CAPTION: "Jeff Titus poses in front of a billboard on Stadium Drive in Kalamazoo, Michigan, questioning whether there are more cases like his that a Kalamazoo County cold case team got wrong. Titus, convicted in 2002 for killing two hunters near his property in 1990, was exonerated and freed from prison in 2023."


In addition to representing Titus, the clinic has represented three other clients who were convicted after arrests by the Kalamazoo County cold case team. More are in the queue to be taken on, said clinical fellow Olivia Vigiletti.

One of those investigated by the clinic was the case of Scott Alan Baldwin, a central character in the podcast’s third season.

Baldwin, also arrested in 2001 by the cold case team, was convicted in 2002 for the 1988 murder of his former boss, 83-year-old bike shop owner Earl O’Byrne.

Like Titus, he always maintained his innocence.

Convicted based on testimony of an ex-girlfriend, and with no physical evidence tying him to the scene, Baldwin spent years attempting to appeal the jury’s verdict.

The Michigan Innocence Clinic, the Cooley Innocence Project and the Wisconsin Innocence Project all handled his case at different times.

There were red flags for appellate attorneys: DNA at the scene not belonging to Baldwin and changing key witness testimony. There were also silent observer tips not shared by the prosecution in initial trial discovery that suggested another suspect may be responsible.

“The fact that so many programs have looked at (and taken up) Scott’s case, it’s definitely a sign that this case smelled bad,” Vigiletti said. “Scott had to go through all our screening processes and all of us agreed that the case didn’t add up.

“It certainly is indicative of what I believe, and that is that Mr. Baldwin is innocent.”

Baldwin, who was 19 when his former employer was found murdered, would be released from prison in October 2025 after being resentenced as a juvenile lifer.

He died of cancer within days of his release.

“The first thing I knew about Scott’s case was that he was very, very sick and dying,” said Claire Ward, who represented Baldwin on behalf of the state appellate defender’s office at the time of his release. “The second thing I knew about Scott’s case was that he had quite a strong innocence claim that was likely not going to be able to be fully litigated in his lifetime.”

The only hope for Baldwin to be exonerated posthumously is through a governor’s pardon, Vigiletti said.

As Baldwin is now deceased, Vigiletti’s office is no longer working on his case.

A case her office is handling is the innocence claim for Jerome “Joe” Williams, one of five people found guilty in the August 2000 triple murder of the Polderman family: Sary and Marinus Polderman, who were in their 90s, and the couple’s daughter, Anna Lewis, 63.

Like Baldwin, Williams and the others were found guilty years after the incident in question.

Also, like Baldwin, DNA from the murder scene didn’t match any of the defendants. Furthermore, a lone set of boot prints found in blood at the scene didn’t match the foot size of any of the defendants, said Kevin Fitzpatrick, “Proof” executive producer.

That case is one of many from Kalamazoo County that Fitzpatrick, Jacinda Davis (episode “Evil Lives Here”) and former defense attorney Susan Simpson (episode “Undisclosed”) dig into as part of the 12-episode podcast season.

“One of the hard things about wrongful conviction is everyone loves the story on the day someone is getting out of prison, but no one really cares about it until that point,” Davis said.

By opening a number of these cases up, interviewing suspects, family members, attorneys and detectives involved, the “Proof” team hopes to change that.

One former Kalamazoo County sheriff’s detective, Rich Mattison, spoke out previously when the podcasters teamed up on Titus’ case. Mattison said he was removed from the case because he thought Titus was innocent.

Other detectives, such as former Kalamazoo Public Safety Sgt. Mike Werkema, who headed up the cold case team, stood by the team’s methods.

Werkema, who currently has civil action filed against him by Titus, declined an opportunity to speak on the podcast this time around.

Mattison stands firm in his belief that there are other cases the team got wrong.

One of those, he said, is Preston Lard Jr., who took a manslaughter plea and seven-year sentence to avoid trial for a 1994 murder.

The retired detective said he is certain Lard didn’t commit the murder.

It’s not unusual for someone to take a plea like Lard did, despite being innocent, Simpson said.

“He got a great deal, seven years versus the possibility of life,” she said.

Looking at cases like Lard’s, as well as the others, Simpson said the cold case team displayed troubling patterns in how they went about their business.

That included continuing to go back to witnesses with more information until they got the statement that matched their beliefs, she said.

It appears they were more concerned with closing cases than objective truth, Simpson said.

“It’s not just Jeff. It’s not just Scott,” she said. “I don’t know how many more there are, but I think there needs to be a review of all these cases.

“It’s just too big of a scale of a problem.

Of the 15 cases the cold case team studied, they got convictions in all of them, with 20 of 21 suspects being put away on charges.

Of those cases, three-quarters of them went to trial — much higher than the 20 to 25% of murder cases that get heard by a jury on average, Simpson said.

Each of those cases went cold in the first place because the original investigatory teams didn’t feel there was enough evidence to charge, Vigiletti said.

“They didn’t feel that they could, with any kind of certainty, say what happened here,” she said. “And the farther in time you get from a crime, it’s almost always much more difficult to solve. So, the idea that the cold case team could sweep in years or even decades later and solve everything does raise suspicions.”

To listen to the podcast, visit proofcrimepod.com or search “Proof” wherever you listen to podcasts."

The entire story can be read at:

did-a-kalamazoo-cold-case-team-prioritize-closing-cases-over-objective-truth.html

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system.   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!  Christina Swarns: Executive Director: The Innocence Project;