Friday, August 28, 2026

August 28: Nathaniel Nasrud; Illinois: Wrongful Confession: From our 'enough to make one weep" department: (See for yourself. HL) Why do police, prosecutors and judges - all too often have so much trouble stopping patently unjust, unfair, abusive cases tainted by police and prosecutorial abuse and flawed science (or scientists). as if the justice system was that proverbial train racing down a steep hill: Author Ken Otterbourg gets to the anguished heart of this case of the now exonerated father in his "National Registry of Exonerations' entry (link below) noting that, "On November 25, 2008, Judge Charles “Casey” Stengel denied Onsrud’s motion to withdraw his plea and sentenced him to 60 years in prison. “I’ve no remorse for you,” Judge Stengel said.."


ENTRY: Nathaniel Onsrud: National Registry of Exonerations: By Author  Ken Otterbourg; Contributing factors to wrongful murder conviction: False confession: False or misleading forensic evidence. Uploaded to the Registry on August 17, 2026. 


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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QUOTE OF THE DAY: Judge to innocent man later exonerated because (among other abuses which tainted the case)  police extorted a confession from him to the murder of his son:"On November 25, 2008, Judge Charles “Casey” Stengel denied Onsrud’s motion to withdraw his plea and sentenced him to 60 years in prison. “I’ve no remorse for you,” Judge Stengel said. "

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SECOND QUOTE OF THE DAY: "“It is hard to put into words the suffering that is at the heart of this case,” IIP Legal Director Lauren Kaeseberg said. “Nate was a young father who lost his infant son. Instead of being able to grieve this horrible tragedy, he found himself wrongfully accused of murder. For 19 years he was labeled a monster and for 13 years he suffered behind bars. Nothing can ever heal those wounds, but we are so glad Nate can finally move forward—exonerated—and without the constant threat of unfair prosecution.”

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 PASSAGE OF THE DAY: "Onsrud waived his Miranda rights and agreed to speak to the investigators.  Onsrud told the investigators that Dax had been wearing his apnea monitor during the afternoon, prior to the device’s alarm going off. The investigators said that wasn’t possible. They had the readouts of the device, which indicated that the monitor hadn’t been connected to the child between 4:57 a.m. and 6:19 p.m. They said Onsrud’s answer suggested deception.  “The whole thing is that it makes us question your credibility when the whole time you’re trying to maintain the fact that this child was on, on its monitor when it truly wasn’t and like I said, there is no law that you’re violating that because Dax wasn’t on it because they were going to take it off him anyhow, but you know it makes me wonder about the other things that you were telling us when you can’t be truthful about whether the monitor was on or not when you very well knew that we were going to download that monitor and get the information off of it,” an investigator said."

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PASSAGE TWO OF THE DAY: "The investigators kept pushing, telling Onsrud he was a good father but that sometimes people just snap. “Just between dads,” one investigator said, “Just explain to me what, what went on that day to maybe cause that knee jerk reaction that you had.”  Onsrud said that at times he would black out when he got angry and that it was possible that Dax’s head hit something when Onsrud was lowering him after playing airplane with him.  Onsrud said, “I can see myself throw him down a little too hard, I mean, with my past and everything—it’s, it’s it’s …”  An investigator filled in the missing words. “It’s possible.”  Onsrud said. “It is very possible.”  Onsrud was arrested on August 3, 2007, and charged with aggravated battery. Four days later, he was also charged with first-degree murder in Dax’s death. "

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PASSAGE THREE OF THE DAY: "Nine years passed.  The Illinois Innocence Project (IIP) began representing Onsrud in 2020 and asked to review the case files in the office of the Rock Island County State’s Attorney.   In a motion for a new trial filed on June 22, 2020, Onsrud’s attorneys said they had learned that there was material in the prosecutor’s file that had not been disclosed to Onsrud at the time of his plea and that constituted new evidence of innocence. The filing did not identify this material or evidence.  Rock Island County State’s Attorney Dora Villarreal joined in the motion to grant Onsrud a new trial. In a press release, she said that after the files were retrieved from storage, “it quickly became apparent that many documents were missing from such a very complex and serious case.” She said, “It was and still is our belief that several material documents belonging to this investigation were not disclosed by the assigned prosecutor to the defense.” The release did not describe the missing or non-disclosed material.   Osborn had been terminated from the state’s attorney’s office in 2013 for failing to disclose evidence in another case, and Villarreal said she would conduct an audit of Osborn’s work."

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PASSAGE FOUR  OF THE DAY: "Onsrud moved to dismiss the indictment on January 24, 2024. The motion said the state had failed to save the microscopic sectioning slides and tissue cuttings from Dax’s brain. In addition, the state had no records related to the identity of the neuropathologist who assisted Kalelkar and had said there was no evidence of trauma.  “Without these items, Mr. Onsrud is unable to confront the State’s evidence, and his most fundamental constitutional rights are violated,” the motion said. “It is worth noting that this is not a strategic or tactical ploy; to the contrary, counsel for Mr. Onsrud has looked everywhere for these items of evidence because they are not only needed to defend this case, but they go to the heart of the matter and can affirmatively prove that Mr. Onsrud is actually innocent.” 

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GIST: "At 6:21 p.m. on May 15, 2007, 20- year-old Nathaniel Onsrud called his girlfriend, Elizabeth Lancial, and said that their infant son, Dax Lancial, was bleeding from the nose and having trouble breathing. Elizabeth Lancial called 911, and EMS workers were sent to the couple’s house in Coal Valley, Illinois.

When EMS workers arrived, Dax was not breathing, and he died later that night at a local hospital.

Dax had been born 10 weeks premature, on January 2, 2007, with significant health impairments, including apnea and chronic lung disease. He wore a monitor to track the apnea and had to be fed through a nasogastric tube.

Sharon Anderson, the coroner for Rock Island County, authorized Dr. Jose Acosta, a local pathologist, to perform an autopsy, which took place on May 16.

According to Anderson, Acosta said he found two subdural hematomas, a subgaleal petechia (bleeding between the scalp and the skull), and diffuse bleeding on the crown of the skull. But his autopsy report, dated July 25, 2007, did not mention any of these specific injuries. Instead, the report said Dax showed “blood and red soft blood clots” in the “subdural spaces over the parietal lobes.” (The parietal lobes are on the back of the brain.)

In the time between the autopsy and the report, Anderson had sought out other experts. Her notes said she talked with an unnamed doctor on May 17, who told her that “in premature babies, sometimes things are found that may not be from trauma.”

Anderson requested a second autopsy, retaining Dr. Mitra Kalelkar, a forensic pathologist with the Cook County Medical Examiner’s Office. Kalelkar performed her autopsy on May 18. Kalelkar’s initial findings said that there were no “initial signs of caused death,” although she said that she was still awaiting the results of several tests.

On May 22, Anderson emailed Kalelkar, stating that Anderson was “not comfortable with this case” and that “something doesn’t feel right.” She offered to send Kalelkar some articles she found online about subdural hemorrhages in infants.

Kalelkar quickly responded and said that a neuropathologist (whom she did not name) had cut into Dax’s brain and interpreted the findings to conclude that the hematomas were unrelated to trauma or abuse.

Kalelkar wrote: “I understand your concerns about the father’s story. Even if he played aeroplane with the infant, he did not grip the baby hard enough to cause any grip bruises. Given the lack of any serious injuries on the child, I would be hesitant to call this a homicide.”

On July 15, 2007, Kalelkar emailed Anderson and said that she had observed fibrin—a blood-clotting protein—in the subdural hematomas, which she said indicated that the bruising occurred while Dax was alive. She also wrote that the hemorrhages could be accidental or non-accidental.

On July 19, Kalelkar provided Anderson with a draft of her autopsy report. It said Dax had bruising and bleeding around his brain and noted the child’s premature birth, pneumonia, and chronic lung disease. Kalelkar said it was her opinion that Dax “died as a result of subdural hemorrhage due to blunt head trauma.”

Lieutenant Edward Hinderliter with the Coal Valley Police Department and Investigator Eric Holton with the Rock Island County Sheriff’s Department had previously interviewed Onsrud, and they brought him back for a second interview on August 2, 2007. Onsrud waived his Miranda rights and agreed to speak to the investigators.

Onsrud told the investigators that Dax had been wearing his apnea monitor during the afternoon, prior to the device’s alarm going off. The investigators said that wasn’t possible. They had the readouts of the device, which indicated that the monitor hadn’t been connected to the child between 4:57 a.m. and 6:19 p.m. They said Onsrud’s answer suggested deception.

“The whole thing is that it makes us question your credibility when the whole time you’re trying to maintain the fact that this child was on, on its monitor when it truly wasn’t and like I said, there is no law that you’re violating that because Dax wasn’t on it because they were going to take it off him anyhow, but you know it makes me wonder about the other things that you were telling us when you can’t be truthful about whether the monitor was on or not when you very well knew that we were going to download that monitor and get the information off of it,” an investigator said.

The investigators kept pushing, telling Onsrud he was a good father but that sometimes people just snap. “Just between dads,” one investigator said, “Just explain to me what, what went on that day to maybe cause that knee jerk reaction that you had.”

Onsrud said that at times he would black out when he got angry and that it was possible that Dax’s head hit something when Onsrud was lowering him after playing airplane with him.

Onsrud said, “I can see myself throw him down a little too hard, I mean, with my past and everything—it’s, it’s it’s …”

An investigator filled in the missing words. “It’s possible.”

Onsrud said. “It is very possible.”

Onsrud was arrested on August 3, 2007, and charged with aggravated battery. Four days later, he was also charged with first-degree murder in Dax’s death.

The state initially said it might seek the death penalty but later filed a notice declining that option.

Onsrud was represented by Matthew Durbin, an assistant public defender, and Margaret Osborn, an assistant state’s attorney, represented the state.

On September 23, 2008, two weeks before his trial was to begin in Rock Island County Circuit Court, Onsrud entered a guilty plea to first-degree murder. Osborn said that as part of the plea agreement, the state had agreed not to seek a sentence of life in prison and would also dismiss the battery charge.

Osborn said that Onsrud had admitted “that he shoved the baby onto the couch where the baby hit his head on the couch arm.”

She also said that an autopsy “revealed” that Dax died of blunt force trauma to the head and that a pathologist would have testified that the injury would require “momentum and velocity such as throwing of a baby.”

On November 21, 2008, Onsrud moved to withdraw his plea. Durbin said in the motion that Onsrud had been depressed at the time he pled guilty and had been taking Seroquel, an anti-psychotic medication that Onsrud believed might have interfered with his judgment. In addition, Onsrud said that “evidence he recently reviewed and had previously misinterpreted or overlooked has led him to believe that his plea of guilty was not based upon a solid understanding of the evidence against him.”

On November 25, 2008, Judge Charles “Casey” Stengel denied Onsrud’s motion to withdraw his plea and sentenced him to 60 years in prison. “I’ve no remorse for you,” Judge Stengel said.

The Illinois Appellate Court affirmed the conviction on June 27, 2011.

Nine years passed.

The Illinois Innocence Project (IIP) began representing Onsrud in 2020 and asked to review the case files in the office of the Rock Island County State’s Attorney.

In a motion for a new trial filed on June 22, 2020, Onsrud’s attorneys said they had learned that there was material in the prosecutor’s file that had not been disclosed to Onsrud at the time of his plea and that constituted new evidence of innocence. The filing did not identify this material or evidence.

Rock Island County State’s Attorney Dora Villarreal joined in the motion to grant Onsrud a new trial. In a press release, she said that after the files were retrieved from storage, “it quickly became apparent that many documents were missing from such a very complex and serious case.” She said, “It was and still is our belief that several material documents belonging to this investigation were not disclosed by the assigned prosecutor to the defense.” The release did not describe the missing or non-disclosed material.

Osborn had been terminated from the state’s attorney’s office in 2013 for failing to disclose evidence in another case, and Villarreal said she would conduct an audit of Osborn’s work.

Judge Frank Fuhr granted the new trial motion on June 23, and Onsrud was released from prison. Villarreal noted that the charges against Onsrud had not been dismissed.

Separately, Villarreal filed an ethics complaint against Osborn with the Attorney Registration & Disciplinary Commission, overseen by the Illinois Supreme Court. (The outcome of that complaint isn’t available.)

On February 8, 2023, the state filed an amended complaint against Onsrud, now charging him with felony child endangerment.

Onsrud moved to dismiss the indictment on January 24, 2024. The motion said the state had failed to save the microscopic sectioning slides and tissue cuttings from Dax’s brain. In addition, the state had no records related to the identity of the neuropathologist who assisted Kalelkar and had said there was no evidence of trauma.

“Without these items, Mr. Onsrud is unable to confront the State’s evidence, and his most fundamental constitutional rights are violated,” the motion said. “It is worth noting that this is not a strategic or tactical ploy; to the contrary, counsel for Mr. Onsrud has looked everywhere for these items of evidence because they are not only needed to defend this case, but they go to the heart of the matter and can affirmatively prove that Mr. Onsrud is actually innocent.”

The motion also included two new forensic reports, by Dr. Chandani DeZure, a pediatrician at the Stanford University School of Medicine, and by Dr. Michael Baden, the former chief medical examiner for New York City.

DeZure said in her report that the small hematomas found during Dax’s autopsy were not associated with his death. She also said that Onsrud’s statements about how he might have caused Dax’s injuries were not consistent with the autopsy findings.

Although Onsrud had given inconsistent statements to investigators about the use of the apnea monitor, DeZure said the lack of monitoring was a red herring. At the time of Dax’s death, her report noted, the child’s pediatrician had recommended that Onsrud and Lancial use the device less frequently.

Baden said in his report that Dax died of natural causes tied to lung disease, infection, and premature birth. He said that Kalelkar’s finding of fibrin streams was evidence that clots had developed days before Dax’s death and could not have started after the activities that Onsrud described during his interview. “The autopsy evidence shows that Mr. Onsrud confessed to a homicide that had not occurred,” he wrote.

On May 6, 2025, Judge Fuhr denied Onsrud’s motion to dismiss. He said that there was no evidence of bad faith on the part of prosecutors, but that the state had the duty to preserve the tissue samples and brain sections. As a result, he granted a defense motion to exclude any evidence or testimony about subdural hematomas.

A month later, on June 17, 2025, the state moved to amend the indictment, seeking to replace “subdural hemorrhaging” with “head trauma.” Judge Fuhr denied the motion on November 19, 2025, calling it an “attempt to evade the substance of the court’s earlier ruling.”

In January 2026, the state said it was no longer pursuing a charge of felony child endangerment. Instead, prosecutors said they would charge Onsrud with misdemeanor child endangerment and misdemeanor battery, which they said were lesser included charges.

Onsrud again moved to dismiss the case. His attorneys said the statute of limitations had expired for these offenses and that the state could not specify how Onsrud endangered his son without using any evidence related to subdural hemorrhaging.

Judge Fuhr denied the second motion to dismiss on March 18, 2026.

Onsrud’s attorneys filed a motion to reconsider on April 15, 2026, asserting that Judge Fuhr had erred when ruling that the statute of limitations had not expired. The motion said that the nine years that Onsrud spent in prison between the appellate decision in 2011 and the granting of his new trial should have been included in the calculation, and it was far greater than the 18-month statute of limitations for misdemeanor child endangerment.

Judge Fuhr agreed with the motion and dismissed the case on June 23, 2026.

“It is hard to put into words the suffering that is at the heart of this case,” IIP Legal Director Lauren Kaeseberg said. “Nate was a young father who lost his infant son. Instead of being able to grieve this horrible tragedy, he found himself wrongfully accused of murder. For 19 years he was labeled a monster and for 13 years he suffered behind bars. Nothing can ever heal those wounds, but we are so glad Nate can finally move forward—exonerated—and without the constant threat of unfair prosecution.”

The entire entry can be read at:


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

Thursday, August 27, 2026

August 27: False identification: Major (Welcome) Development: As Staff Writer Clara Harter reports in the LA Times:"In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial. He faced the possibility of a retrial, but instead opted to accept a plea deal that allowed him to be released based on time already served. He was later awarded nearly $1 million from the Victim Compensation Board of California for his wrongful imprisonment. However, his conviction remained in place. That was until Friday, when the O.C. district attorney’s office decided to set aside his guilty plea and vacate the conviction, following a review from its Conviction Integrity Unit. This unit was formed by Dist. Atty. Todd Spitzer in 2019 to review claims of wrongful conviction."


PUBLISHER'S NOTE: This Blog is interested in  false eye-witness identification issues because  wrongful identifications are at the heart of so many DNA-related exonerations in the USA and elsewhere - and because so much scientific research is being conducted with a goal to making the identification process more   transparent and reliable - and less subject to deliberate manipulation.  I have also reported far too many cases over the years - mainly cases lacking DNA evidence (or other forensic evidence pointing to the suspect - where the identification is erroneous - in spite of witness’s certainty that it is true - or where  the police pressure the witness, or rig the identification process in order to make a desired  identification inevitable. 

Harold Levy: Publisher: The Charles Smith Blog.

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QUOTE OF THE DAY: "Audrey McGinn, senior staff attorney of the Innocence Center, said she was thrilled the district attorney’s office decided to dig deeper into the case and do the right thing. “Although Guy came home in 2018, he still lived under the shadow of this wrongful conviction,” she said in a statement. “All the while, the hallmark of this case stared back at us: a flawed eyewitness identification procedure that never should have led to a conviction.'

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PASSAGE OF THE DAY: "His conviction was based in part on the false testimony of two eyewitnesses, despite the fact that five people testified Miles was in Las Vegas on the day of the crime, according to the Orange County district attorney’s office.  He was separated from his young son and spent more than 18 years incarcerated, all while maintaining his innocence."

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PASSAGE TWO OF THE DAY: "During trial, Miles presented an alibi defense that included testimony from his parents, 12-year-old son, a neighbor in Las Vegas and the manager of his Las Vegas apartment, according to the district attorney’s office. They all said Miles could not have been in Fullerton during the crime because he had picked up his son from his parents’ Carson home the night before the robbery and traveled to Vegas the following morning.  Miles also presented scientific studies on the flaws of eyewitness identifications, and collected DNA evidence didn’t match him, according to the Innocence Center. Nonetheless, a jury deliberated for five days and ultimately found Miles guilty. Years later, after the statute of limitations had expired, the three actual perpetrators — Steward, Bailey and Teamer — all confessed, according to the center.  In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial.

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PASAGE THREE  OF THE DAY: "During trial, Miles presented an alibi defense that included testimony from his parents, 12-year-old son, a neighbor in Las Vegas and the manager of his Las Vegas apartment, according to the district attorney’s office. They all said Miles could not have been in Fullerton during the crime because he had picked up his son from his parents’ Carson home the night before the robbery and traveled to Vegas the following morning.  Miles also presented scientific studies on the flaws of eyewitness identifications, and collected DNA evidence didn’t match him, according to the Innocence Center. Nonetheless, a jury deliberated for five days and ultimately found Miles guilty. Years later, after the statute of limitations had expired, the three actual perpetrators — Steward, Bailey and Teamer — all confessed, according to the center.  In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial."

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STORY: "‘I always knew the truth’: Man falsely imprisoned for 18 years exonerated of O.C. robbery," by Staff Writer  Clara Harter, published by The LA Ames, on August 22, 2026. (Clara Harter is a breaking news reporter at the Los Angeles Times. Previously, she covered politics and education for the L.A. Daily News. While at the Daily News, she published a series on fentanyl addiction that won a first-place investigative journalism award from the L.A. Press Club. Harter majored in political science and Middle Eastern studies at Columbia University. She loves surfing and, when not reporting, can most likely be found in the ocean.)
GIST "For 6,895 days, Guy Miles sat behind bars for a crime he didn’t commit.

He lost years of freedom, along with the opportunity to watch his son grow up.

But now, authorities have officially exonerated him — acknowledging his innocence in the 1998 Fullerton heist that robbed him of nearly two decades of his life.

“I always knew the truth,” Miles in a statement Friday. “I just needed the system to catch up to it.”

Miles said he was grateful the truth mattered, even after all these years, but that he wishes more than anything his dad were alive to see his name cleared.

He was originally convicted of two counts of armed robbery and a firearms charge in 1999 following the robbery of a Fidelity Financial Services office, and given a “three strikes sentence” of 75 years to life.

His conviction was based in part on the false testimony of two eyewitnesses, despite the fact that five people testified Miles was in Las Vegas on the day of the crime, according to the Orange County district attorney’s office.

He was separated from his young son and spent more than 18 years incarcerated, all while maintaining his innocence.

In 2010, he filed a habeas petition to challenge his detention with assistance from the Innocence Center, a San Diego-based nonprofit law firm dedicated to freeing people who have been wrongly convicted.

According to the center, two men — later identified as Jason Steward and Harold Bailey — pulled firearms on two Fidelity employees and demanded money in June 1998. They made off with $1,410 in cash and $4,138 in personal checks in a getaway car driven by another man, Bernard Teamer.

Police initially struggled to identify suspects, as the descriptions given were generic and a detective compiled an error-ridden photo lineup, according to the center.

“One employee identified Guy Miles from the lineup, even though there were issues with the identification process,” the center said in a statement. “The other, influenced by the detective’s statement about an arrest, also identified Guy.”


During trial, Miles presented an alibi defense that included testimony from his parents, 12-year-old son, a neighbor in Las Vegas and the manager of his Las Vegas apartment, according to the district attorney’s office. They all said Miles could not have been in Fullerton during the crime because he had picked up his son from his parents’ Carson home the night before the robbery and traveled to Vegas the following morning.

Miles also presented scientific studies on the flaws of eyewitness identifications, and collected DNA evidence didn’t match him, according to the Innocence Center. Nonetheless, a jury deliberated for five days and ultimately found Miles guilty.

Years later, after the statute of limitations had expired, the three actual perpetrators — Steward, Bailey and Teamer — all confessed, according to the center.

In 2017, a California Court of Appeal reversed Miles’ conviction, acknowledging that new, credible confessions would have changed the outcome of his trial.

He faced the possibility of a retrial, but instead opted to accept a plea deal that allowed him to be released based on time already served.

He was later awarded nearly $1 million from the Victim Compensation Board of California for his wrongful imprisonment. However, his conviction remained in place.

That was until Friday, when the O.C. district attorney’s office decided to set aside his guilty plea and vacate the conviction, following a review from its Conviction Integrity Unit. This unit was formed by Dist. Atty. Todd Spitzer in 2019 to review claims of wrongful conviction.

“Justice exists only when the quest for truth never ends,” Spitzer said in a statement Friday. “While the conviction of Guy Miles did not occur on my watch, I am proud to say that the decision to move to have it dismissed did.”

Audrey McGinn, senior staff attorney of the Innocence Center, said she was thrilled the district attorney’s office decided to dig deeper into the case and do the right thing.

“Although Guy came home in 2018, he still lived under the shadow of this wrongful conviction,” she said in a statement. “All the while, the hallmark of this case stared back at us: a flawed eyewitness identification procedure that never should have led to a conviction.''

THE ENTIRE STORY CAN BE READ AT:

https://www.latimes.com/california/story/2026-08-22/man-falsely-imprisoned-for-18-years-exonerated-of-o-c-robbery?sfmc_id=6532a03c25b3640666b1692f&utm_id=47159506&skey_id=c838168dc7288e7a8617e09d806f21e6cabd8958c3f89186ca123dd43bf5d249&utm_source=Sailthru&utm_medium=email&utm_campaign=ALERT-Email-List-%27I%20always%20knew%20the%20truth%27:%20Man%20falsely%20imprisoned%20for%2018%20years%20exonerated%20of%20O.C.%20robbery-20260822&utm_term=Alert%20-%20News%20Alerts


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

Wednesday, August 26, 2026

August 26: Yvonne "Missy" Woods: Denver, Colorado: Major Development: The Colorado Supreme Court has ordered a judge (District Court Judge Vincente Vigil) to explain why he dismissed a child sex assault case citing" outrageous government conduct" from the CBI (Colorado Bureau of Investigation) - and former DNA analyst Missy Woods, (in short, to explain why he did not exceed his authority when dismissing the case) 9News (writer Aaron Edelson) reports, noting that, "Woods was accused of falsifying DNA data, and CBI called her work into question in 1,045 cases. She pleaded guilty to four felonies and faces a maximum of 16 years in prison. "If the scope and breadth of the Woods’ scandal does not constitute outrageous government conduct, this Court would struggle to imagine something that would. If this is not outrageous government conduct, then that doctrine may as well not exist," Vigil wrote in an Aug. 2 order dismissing the case against Eatinger."



QUOTE OF THE DAY: ""Ms. Woods chose to become a cancer within the Colorado Bureau of Investigations, and that agency chose first to ignore, then place a bandage on the tumor until it could no longer be hidden from the public view," Vigil wrote when he dismissed the case against Eatinger."

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PASSAGE OF THE DAY:  "Yvonne "Missy" Woods, once a prosecutorial rock star who testified in multiple high-profile cases, was accused of falsifying reports and taking shortcuts.  In September, 2023 a CBI intern found "DNA anomalies" in Woods' work. CBI placed Woods on administrative leave the next month, as her work was under investigation. In November 2023, Woods retired from CBI, before the investigation finished. CBI's internal investigation found "Woods omitted material facts in official criminal justice records," and "tampered with DNA testing by altering or omitting some test results from the case file." The report also found a coworker reported concerns about Woods in 2014, and that she was accused of data manipulation in 2018.  "The results of the 2018 review were not escalated to the former CBI Director or CDPS leadership," a CBI press release states.  These past allegations are prominent in the Weld County judge's order."

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STORY: "Colorado Supreme Court orders Weld County judge to explain child sex assault case dismissal," by Reporter Aaron Adelson, published by 9News , on August 26, 2026.

SUB-HEADING: "The judge dismissed the case citing "outrageous government conduct" from CBI and former DNA analyst Missy Woods."

GIST: " Colorado's highest court ordered a Weld County judge to explain why he did not exceed his authority when dismissing a child sex assault case.

Days before a trial was scheduled to begin against Daniel Eatinger, who was accused of sexually assaulting a child, Weld County District Court Judge Vincente Vigil dismissed the case. The judge cited "outrageous government conduct," by the Colorado Bureau of Investigation and CBI's former DNA analyst Yvonne "Missy" Woods.

Woods was accused of falsifying DNA data, and CBI called her work into question in 1,045 cases. She pleaded guilty to four felonies and faces a maximum of 16 years in prison.

"If the scope and breadth of the Woods’ scandal does not constitute outrageous government conduct, this Court would struggle to imagine something that would. If this is not outrageous government conduct, then that doctrine may as well not exist," Vigil wrote in an Aug. 2 order dismissing the case against Eatinger.

The Weld County District Attorney's Office asked the Colorado Supreme Court to intervene. The DA's office argued the Eatinger case was not one of the 1,000+ cases called into question. 

Prosecutors wrote they did not plan to rely on any of Woods' work, or ask her to testify in the trial. The appeal describes the dismissal as "gifted" to Eatinger, which "punishes society-and the child victim in this case."

Child sex assault case

In July 2018, Greeley Police reported a child was sexually assaulted in her bedroom.

"She went to bed and woke up to someone on top of her," an arrest affidavit states.

The child reported she did not know the person and had never met him before.

In June 2019, DNA analysis identified the suspect as Daniel Eatinger, who was then in a Florida prison.

This month, the Weld County District Attorney's Office planned to prosecute the case against Eatinger. A couple weeks before the trial was scheduled to begin, the judge dismissed the case.

Missy Woods

Yvonne "Missy" Woods, once a prosecutorial rock star who testified in multiple high-profile cases, was accused of falsifying reports and taking shortcuts.

In September, 2023 a CBI intern found "DNA anomalies" in Woods' work. CBI placed Woods on administrative leave the next month, as her work was under investigation. In November 2023, Woods retired from CBI, before the investigation finished.

CBI's internal investigation found "Woods omitted material facts in official criminal justice records," and "tampered with DNA testing by altering or omitting some test results from the case file."

The report also found a coworker reported concerns about Woods in 2014, and that she was accused of data manipulation in 2018.

"The results of the 2018 review were not escalated to the former CBI Director or CDPS leadership," a CBI press release states.

These past allegations are prominent in the Weld County judge's order.

"Ms. Woods chose to become a cancer within the Colorado Bureau of Investigations, and that agency chose first to ignore, then place a bandage on the tumor until it could no longer be hidden from the public view," Vigil wrote when he dismissed the case against Eatinger.

In January 2025, the Jefferson County District Attorney's Office filed 102 criminal charges against Woods. In June 2026, Woods pleaded guilty to four felonies. She will be sentenced on Sept. 8.

Appeal


Weld County prosecutors wrote that Woods was involved in the initial DNA testing, which identified Eatinger as the suspect. However, they wrote the case no longer relied on any of Woods' work, which was not called into question in this instance.


"Defendant's case was audited and determined not to be an affected case with an anomaly," the appeal states.


Still, prosecutors wrote they resubmitted items to be retested and the defendant chose an expert of his own to watch the testing.


"The DNA testing...resulted in substantially similar results as those completed by former Analyst Woods," the appeal states.


Weld County prosecutors accused the judge of abusing his authority.

"The district court abused its discretion by sanctioning the extreme remedy of dismissal without considering alternative, ameliorative measures," the appeal states.

What's next?


The Colorado Supreme Court ordered Vigil to respond by Sept. 16 to answer "why the relief requested in the petition should not be granted."

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 26: Alexis Rodriguez New York: Wrongly convicted of attempted rape, he is suing the DNA analysts, Santul Nerkar, who covers the federal courts in Brooklyn for the New York Times, (and obviously does a very good job!) reports, noting that Mr. Rodriguez claims that technicians at the New York City medical examiner’s office fabricated DNA evidence, leading to his wrongful conviction in 2014 for attempted rape - and noting that the lawsuit comes more than a decade after the New York City medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases... "Mr. Rodriguez was found guilty of attempted rape in 2014 and sentenced to 15 years in prison. But in 2021, a judge overturned the conviction, finding that Mr. Rodriguez had received inadequate counsel. Specifically, his lawyer had failed to properly challenge the DNA evidence, a move that could have exonerated his client. Now, Mr. Rodriguez, 42, is suing the city and the lab analysts who worked on his case, accusing the analysts of fabricating evidence."




PASSAGE OF THE DAY: "His current lawyer, Zachary Margulis-Ohnuma, said it was the first time that anyone from the medical examiner’s office had been sued for DNA analysis leading to a wrongful conviction. Mr. Rodriguez’s suit claims that the evidence was fabricated as part of an established practice at the medical examiner’s office in which analysts often used DNA samples that were too small and complex to be reliable, and conflicting interpretations of the data were pushed aside. Flawed results were then presented to law enforcement agencies — and then juries — as evidence of guilt, according to the lawsuit."
---------------------------------------

PASSAGE TWO OF THE DAY: "The suit, which was filed in Federal District Court in Brooklyn on Wednesday, comes more than a decade after the medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases. A subsequent report from the state inspector general found a troubling pattern of errors at the office. Disputes among lab analysts were papered over, and technicians often presented subjective, flawed interpretations as scientific findings to prosecutors or defense lawyers."

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

PASSAGE THREE OF THE DAY: "At the time of the attack of the 22-year-old woman in 2010, Mr. Rodriguez was working as a maintenance worker at a Y.M.C.A. on Staten Island, he said in an interview. In May of the following year, he was arrested in connection with a burglary, and his DNA was entered into a state database. The medical examiner’s office, according to the lawsuit, then significantly altered the DNA profile of the attacker “to match a known profile that had been entered into the national, state or local databases.”

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

PASSAGE FOUR OF THE DAY: "According to the lawsuit, Theresa Caragine, a senior scientist at the lab, and Craig O’Connor, an analyst, changed results from DNA testing so that they would more closely match Mr. Rodriguez’s profile. Dr. Caragine and Dr. O’Connor are both named as defendants in the lawsuit. Dr. Caragine did not respond to a request for comment. The medical examiner’s office declined to make Dr. O’Connor, now its director of forensic biology, available for an interview.
In August 2012, Mr. Rodriguez was arrested and charged with attempted rape, and the DNA was the only evidence that linked him to the attack."

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

PASSAGE FIVE OF THE DAY: "Around the time that Dr. Caragine was handling Mr. Rodriguez’s case, her work came under scrutiny. She resigned in April 2013from the medical examiner’s office after the state inspector general’s investigation found that she had ignored lab protocol, including by rewriting reports whose findings she disagreed with. The circumstances of Dr. Caragine’s resignation, according to the lawsuit, were never disclosed to Mr. Rodriguez’s lawyers. Mr. Rodriguez wound up serving seven and a half years in prison, including stints at the Attica and Otisville Correctional Facilities in New York."


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



STORY: "He Was Wrongly Covicted of Attempted Rape. He’s Suing the DNA Analysts," by Santul Nerkar, published by The New York Times, on August 23, 2026. (Santul Nerkar is a Times reporter covering federal courts in Brooklyn.)


SUB-HEADING: "Alexis Rodriguez claims technicians at the New York City medical examiner’s office fabricated DNA evidence, leading to his wrongful conviction in 2014 for attempted rape.
PHOTO CAPTION: "The lawsuit comes more than a decade after the New York City medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases."

GIST: "On a cold January morning in 2010, a 22-year-old woman was walking to work on Staten Island when a man grabbed her from behind, pulled her scarf across her face and yanked her to the ground by the roadside.

The attacker started rubbing her thighs and tried to force her jacket open, but she managed to escape his grasp.


Later that day, she provided the police with her scarf and gloves, hoping evidence could be extracted from them to help identify the assailant.

Scientists at the New York City medical examiner’s office — a leader in developing forensic methods to crack America’s most difficult cases — pored over the evidence in the case and were able to pull small amounts of DNA from her clothing.

After more than a year, the office reported a breakthrough: Alexis Rodriguez, a 26-year-old man who had been arrested in connection with an unrelated burglary, was a match for the attacker.


Mr. Rodriguez was found guilty of attempted rape in 2014 and sentenced to 15 years in prison. But in 2021, a judge overturned the conviction, finding that Mr. Rodriguez had received inadequate counsel. Specifically, his lawyer had failed to properly challenge the DNA evidence, a move that could have exonerated his client.

Now, Mr. Rodriguez, 42, is suing the city and the lab analysts who worked on his case, accusing the analysts of fabricating evidence.


His current lawyer, Zachary Margulis-Ohnuma, said it was the first time that anyone from the medical examiner’s office had been sued for DNA analysis leading to a wrongful conviction.


Mr. Rodriguez’s suit claims that the evidence was fabricated as part of an established practice at the medical examiner’s office in which analysts often used DNA samples that were too small and complex to be reliable, and conflicting interpretations of the data were pushed aside.


Flawed results were then presented to law enforcement agencies — and then juries — as evidence of guilt, according to the lawsuit.

The suit, which was filed in Federal District Court in Brooklyn on Wednesday, comes more than a decade after the medical examiner’s office launched an internal investigation into whether it had mishandled DNA evidence in hundreds of rape cases.

A subsequent report from the state inspector general found a troubling pattern of errors at the office.


Disputes among lab analysts were papered over, and technicians often presented subjective, flawed interpretations as scientific findings to prosecutors or defense lawyers.

Julie Bolcer, a spokeswoman for the medical examiner’s office, said that it “operates in accordance with best practices and stands by the science produced by the experts who staff it.”

At the time of the attack of the 22-year-old woman in 2010, Mr. Rodriguez was working as a maintenance worker at a Y.M.C.A. on Staten Island, he said in an interview.


In May of the following year, he was arrested in connection with a burglary, and his DNA was entered into a state database.

The medical examiner’s office, according to the lawsuit, then significantly altered the DNA profile of the attacker “to match a known profile that had been entered into the national, state or local databases.”

According to the lawsuit, Theresa Caragine, a senior scientist at the lab, and Craig O’Connor, an analyst, changed results from DNA testing so that they would more closely match Mr. Rodriguez’s profile.

Dr. Caragine and Dr. O’Connor are both named as defendants in the lawsuit. Dr. Caragine did not respond to a request for comment. The medical examiner’s office declined to make Dr. O’Connor, now its director of forensic biology, available for an interview.

In August 2012, Mr. Rodriguez was arrested and charged with attempted rape, and the DNA was the only evidence that linked him to the attack.


The victim did not identify Mr. Rodriguez as her attacker during a lineup.
In an interview the day after the attack, according to the lawsuit, the woman identified her attacker as a Hispanic man who was about 5-foot-5; Mr. Rodriguez is more than 6 feet tall.

A jury on Staten Island convicted Mr. Rodriguez of all charges, which also included attempted kidnapping and criminal possession of a weapon, in May 2014.

Around the time that Dr. Caragine was handling Mr. Rodriguez’s case, her work came under scrutiny.
She resigned in April 2013from the medical examiner’s office after the state inspector general’s investigation found that she had ignored lab protocol, including by rewriting reports whose findings she disagreed with.

The circumstances of Dr. Caragine’s resignation, according to the lawsuit, were never disclosed to Mr. Rodriguez’s lawyers.

Mr. Rodriguez wound up serving seven and a half years in prison, including stints at the Attica and Otisville Correctional Facilities in New York.


He now lives near Orlando, Fla., where he provides transportation for older people. (He referred to his work as driving “an Uber for senior citizens.”)

In an interview, Mr. Rodriguez said he hoped to bring attention to more instances of people being convicted on the basis of mishandled evidence.

“I don’t want this to happen to anyone else,” he said.""


The entire story can be read at:
https://www.nytimes.com/2026/08/23/nyregion/new-york-dna-analysts-sued-rape-conviction.html?utm_source=TMP-Newsletter&utm_campaign=e1cfb9ad8a-EMAIL_CAMPAIGN_2026_08_26_10_32&utm_medium=email&utm_term=0_5e02cdad9d-e1cfb9ad8a-174331221




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 26: Suicide by cop? "Some call the concept a type of junk science," Staff Writer Michelle Pitcher reports in The Texas Observer, noting that: "Almost immediately following the (17-year-old Anthoneil Williams II,) (HL) shooting, Austin Police Chief Lisa Davis—who’s held the job since 2024—said, “All points are indicating that this was a suicide by police.” That didn’t sit well with people who knew Williams or with some in the community. Cluren Williams (no relation), an activist whose own brother was shot by APD in 2017, called the characterization “irresponsible” and “dehumanizing.” Chas Moore, founder of the Austin Justice Coalition, told the Texas Observer: “I just can’t believe that a 17-year-old Black boy had somehow become privy to a world of ‘suicide by cop.’”



QUOTE OF THE DAY: "Moore  (Chas Moore, founder of the Austin Justice Coalition)  added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

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

PASSAGE OF THE DAY: "There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.   “Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review."

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

STORY: ''Suicide by cop': How a poorly defined term shifts accountability for lost lives," by Michelle Pitcher, published by The Texas Observer, on August 19, 2026.  (Michelle Pitcher (is a staff writer at the Texas Observer covering criminal justice. She received her master’s in journalism from the University of California, Berkeley and was part of the team at The Marshall Project that won the Pulitzer Prize for national reporting. Her reporting has been featured on NPR, FiveThirtyEight, The Dallas Morning News, and more. Michelle was born and raised in Dallas and is now based in Austin.)


SUB-HEADING: Austin officers killed an unarmed  17-year-old at a park last month in what the chief swiftly deemed "suicide by police. Some call the concept a type of junk science."

GIST: "In the early hours of July 24, someone placed a call to Austin’s 911 dispatch. The male caller told the operator he was looking out of his window and saw a teenager who may have had a gun. He wasn’t certain it was a weapon, but the person was “messing with his waistband,” the caller said. He gave the address of a community park in northeast Austin, one with a playground and a basketball court. 

When police arrived only minutes later, the only person there was 17-year-old Anthoneil Williams II, a sociable, upbeat teenager, one who had never gotten in trouble with the police before. In body camera and surveillance footage of the incident, he appears to lift up his shirt and reach for his waistband. 

The three responding officers all pulled their triggers—not just once, but enough times for at least two officers to empty their chambers and reload. They kept firing after Williams had already hit the ground. Austin-Travis County Emergency Medical Services was called to the scene after officers determined no one else was around, but Williams died on that playground at 4:25 a.m. 

Afterward, the officers discovered there was no gun in Williams’ waistband—only a water bottle. They also found that Williams had placed the call.

Almost immediately following the shooting, Austin Police Chief Lisa Davis—who’s held the job since 2024—said, “All points are indicating that this was a suicide by police.” 

That didn’t sit well with people who knew Williams or with some in the community. Cluren Williams (no relation), an activist whose own brother was shot by APD in 2017, called the characterization “irresponsible” and “dehumanizing.”

Chas Moore, founder of the Austin Justice Coalition, told the Texas Observer: “I just can’t believe that a 17-year-old Black boy had somehow become privy to a world of ‘suicide by cop.’”

Moore added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

The label “suicide by cop” is divisive. It’s a term that shifts the blame for a police shooting to the victim and insulates police from liability—and one that can fundamentally alter how officers respond to an emergency call. It’s become one of the major lenses through which people view and understand police shootings, but the frequency, the attributes, and even the validity of the concept are ill-understood. 

There are indeed documented cases of people intentionally getting police to shoot them. In some instances, these people tell family members beforehand. Some leave suicide notes or tell 911 dispatchers what they’re about to do. But in most cases, the situation is less clear-cut, leading to a broader use of the label. 

The Observer analyzed media reports of 100 incidents from the past 20 years that involved the ubiquitous but poorly defined theory. These included cases in which someone was shot and killed by police and cases in which someone was arrested or died by suicide after reportedly attempting or threatening suicide by cop. In the majority of cases, police are the ones using the label, and they’re not always clear about why they think it applies. In some cases, police say the victim told officers to shoot or had told dispatchers that they were suicidal—but not always. 

In several cases, the theory was actually used as a defense strategy when a trial followed an altercation with police. If a person shoots at an officer in an attempt to get the officer to shoot back, that could convince a jury that a shooting wasn’t attempted murder but, rather, attempted suicide. On the flip side, officers may have an easier time justifying a shooting if they can argue they were forced into it. 

The reported instances stemmed both from mental health calls and from reports of crimes. Williams’ shooting, which was never logged as a mental health call, took place while the Austin City Council debated and later approved the city budget, which included more than $1 million allocated to restructuring the local emergency dispatch, separating it from APD. (In Williams’ case, the 911 operator asked if the caller needed police, fire, EMS, or mental health services, and he answered “police.”) 

Austin has had a dedicated mental health police unit since 1999, which trains officers to respond to mental health calls; some cities have moved away from police responses in these cases, though this model can struggle for lack of funding. 

In more than a third of the analyzed cases, news stories confirmed the person had a gun. In several cases, the weapon was actually a replica or BB gun, or the police misidentified something like a water bottle. 

There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.  

“Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review.

The term was reportedly coined by a police officer-turned-psychologist in the 1980s, and in the two decades following, several studies purported to further refine the concept. These researchers determined that anywhere between 10 percent and a third of police shootings each year were actually suicides by cop. But, in 2026, there is no national database that tracks this highly subjective label. 

In a 2014 bulletin, the FBI defined suicide by cop as “a situation where individuals deliberately place themselves or others at grave risk in a manner that compels the use of deadly force by police officers.” The various studies try to identify characteristics of suicides by cop: Someone seems to intentionally seek out danger, they have or appear to have a weapon, or they escalate the situation when police arrive.

But all those characteristics could be at play in any police shooting where the victim didn’t want or intend to die. So police end up making the determination of someone’s suicidality, which mental health professionals note is tricky. In a 2020 article published in a journal by the American Psychiatric Association, the authors write: “When evaluating a patient, it is impossible to predict whether that person will take his or her own life.”

Until recently, training for how to deal with a potential suicide by cop incident didn’t exist. In 2019, the national Police Executive Research Forum (PERF) created the first training guide on the subject, with the imperative: “Responding to a possible SBC call: Your goal is to resolve it so that everyone goes home safely.”

Officers are instructed to take cover, “make small requests” rather than “bark[ing] orders,” refrain from pointing their guns, and be patient. 

Chuck Wexler, executive director of PERF, told the Observer that even after decades of hearing the term suicide by cop, he wasn’t clear on what it meant. After researching the theory and publishing the guidelines, he said the goal of using the label is to “prevent tragedies” and better understand police shootings.

“The term that we use is to explain the set of circumstances, but in no way to diminish the tragedy,” Wexler said.

After Williams’ death, protesters—including his school friends and his father—interrupted a city council meeting, rallied outside city hall, and entered the Travis County District Attorney’s Office, where they chanted: “Jail killer cops.”  

To reporters, 16-year-old former classmate Ameer Alogaili emphasized how he’ll remember his friend: “a little kid at a park” who could always “put a smile on everybody’s face.""

The entire story can be read at:

QUOTE OF THE DAY: "Moore  (Chas Moore, founder of the Austin Justice Coalition)  added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

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

PASSAGE OF THE DAY: "There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.   “Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review."

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

STORY: ''Suicide by cop': How a poorly defined term shifts accountability for lost lives," by Michelle Pitcher, published by The Texas Observer, on August 19, 2026.  (Michelle Pitcher (is a staff writer at the Texas Observer covering criminal justice. She received her master’s in journalism from the University of California, Berkeley and was part of the team at The Marshall Project that won the Pulitzer Prize for national reporting. Her reporting has been featured on NPR, FiveThirtyEight, The Dallas Morning News, and more. Michelle was born and raised in Dallas and is now based in Austin.)

SUB-HEADING: Austin officers killed an unarmed  17-year-old at a park last month in what the chief swiftly deemed "suicide by police. Some call the concept a type of junk science."

GIST: "In the early hours of July 24, someone placed a call to Austin’s 911 dispatch. The male caller told the operator he was looking out of his window and saw a teenager who may have had a gun. He wasn’t certain it was a weapon, but the person was “messing with his waistband,” the caller said. He gave the address of a community park in northeast Austin, one with a playground and a basketball court. 

When police arrived only minutes later, the only person there was 17-year-old Anthoneil Williams II, a sociable, upbeat teenager, one who had never gotten in trouble with the police before. In body camera and surveillance footage of the incident, he appears to lift up his shirt and reach for his waistband. 

The three responding officers all pulled their triggers—not just once, but enough times for at least two officers to empty their chambers and reload. They kept firing after Williams had already hit the ground. Austin-Travis County Emergency Medical Services was called to the scene after officers determined no one else was around, but Williams died on that playground at 4:25 a.m. 

Afterward, the officers discovered there was no gun in Williams’ waistband—only a water bottle. They also found that Williams had placed the call.

Almost immediately following the shooting, Austin Police Chief Lisa Davis—who’s held the job since 2024—said, “All points are indicating that this was a suicide by police.” 

That didn’t sit well with people who knew Williams or with some in the community. Cluren Williams (no relation), an activist whose own brother was shot by APD in 2017, called the characterization “irresponsible” and “dehumanizing.”

Chas Moore, founder of the Austin Justice Coalition, told the Texas Observer: “I just can’t believe that a 17-year-old Black boy had somehow become privy to a world of ‘suicide by cop.’”

Moore added that he’s concerned by the normalization of the concept that APD applied to Williams. “It just shouldn’t be a thing. This is the only profession in the world where you could, presumably, put yourself in a position to be killed by them,” he said. “There’s no suicide by Chick-fil-A server, suicide by a firefighter, suicide by teacher.” 

The label “suicide by cop” is divisive. It’s a term that shifts the blame for a police shooting to the victim and insulates police from liability—and one that can fundamentally alter how officers respond to an emergency call. It’s become one of the major lenses through which people view and understand police shootings, but the frequency, the attributes, and even the validity of the concept are ill-understood. 

There are indeed documented cases of people intentionally getting police to shoot them. In some instances, these people tell family members beforehand. Some leave suicide notes or tell 911 dispatchers what they’re about to do. But in most cases, the situation is less clear-cut, leading to a broader use of the label. 

The Observer analyzed media reports of 100 incidents from the past 20 years that involved the ubiquitous but poorly defined theory. These included cases in which someone was shot and killed by police and cases in which someone was arrested or died by suicide after reportedly attempting or threatening suicide by cop. In the majority of cases, police are the ones using the label, and they’re not always clear about why they think it applies. In some cases, police say the victim told officers to shoot or had told dispatchers that they were suicidal—but not always. 

In several cases, the theory was actually used as a defense strategy when a trial followed an altercation with police. If a person shoots at an officer in an attempt to get the officer to shoot back, that could convince a jury that a shooting wasn’t attempted murder but, rather, attempted suicide. On the flip side, officers may have an easier time justifying a shooting if they can argue they were forced into it. 

The reported instances stemmed both from mental health calls and from reports of crimes. Williams’ shooting, which was never logged as a mental health call, took place while the Austin City Council debated and later approved the city budget, which included more than $1 million allocated to restructuring the local emergency dispatch, separating it from APD. (In Williams’ case, the 911 operator asked if the caller needed police, fire, EMS, or mental health services, and he answered “police.”) 

Austin has had a dedicated mental health police unit since 1999, which trains officers to respond to mental health calls; some cities have moved away from police responses in these cases, though this model can struggle for lack of funding. 

In more than a third of the analyzed cases, news stories confirmed the person had a gun. In several cases, the weapon was actually a replica or BB gun, or the police misidentified something like a water bottle. 

There’s a reason that the label can be used in so many different circumstances: There’s no real consensus on what distinguishes suicides by cop from other police shootings. Some critics have dubbed it “junk science” and compared it to debunked concepts like “excited delirium,” the purported spontaneous death of people being restrained by police.  

“Suicide by cop draws on real-world examples—in this context, of people who want to die at the hands of police—and manipulates the definition to encompass a much larger category of cases,” wrote a University of California, Berkeley law professor in a 2025 article in the California Law Review.

The term was reportedly coined by a police officer-turned-psychologist in the 1980s, and in the two decades following, several studies purported to further refine the concept. These researchers determined that anywhere between 10 percent and a third of police shootings each year were actually suicides by cop. But, in 2026, there is no national database that tracks this highly subjective label. 

In a 2014 bulletin, the FBI defined suicide by cop as “a situation where individuals deliberately place themselves or others at grave risk in a manner that compels the use of deadly force by police officers.” The various studies try to identify characteristics of suicides by cop: Someone seems to intentionally seek out danger, they have or appear to have a weapon, or they escalate the situation when police arrive.

But all those characteristics could be at play in any police shooting where the victim didn’t want or intend to die. So police end up making the determination of someone’s suicidality, which mental health professionals note is tricky. In a 2020 article published in a journal by the American Psychiatric Association, the authors write: “When evaluating a patient, it is impossible to predict whether that person will take his or her own life.”

Until recently, training for how to deal with a potential suicide by cop incident didn’t exist. In 2019, the national Police Executive Research Forum (PERF) created the first training guide on the subject, with the imperative: “Responding to a possible SBC call: Your goal is to resolve it so that everyone goes home safely.”

Officers are instructed to take cover, “make small requests” rather than “bark[ing] orders,” refrain from pointing their guns, and be patient. 

Chuck Wexler, executive director of PERF, told the Observer that even after decades of hearing the term suicide by cop, he wasn’t clear on what it meant. After researching the theory and publishing the guidelines, he said the goal of using the label is to “prevent tragedies” and better understand police shootings.

“The term that we use is to explain the set of circumstances, but in no way to diminish the tragedy,” Wexler said.

After Williams’ death, protesters—including his school friends and his father—interrupted a city council meeting, rallied outside city hall, and entered the Travis County District Attorney’s Office, where they chanted: “Jail killer cops.”  

To reporters, 16-year-old former classmate Ameer Alogaili emphasized how he’ll remember his friend: “a little kid at a park” who could always “put a smile on everybody’s face.""

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;



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

Tuesday, August 25, 2026

25 August 2026: Tyrone Noling: Ohio: From our 'Step in the right direction' department: NBC New Senior Reporter Corky Siemaszko reports that the Ohio Parole Board says death row inmate Tyrone Noling should have his sentence commuted to life - and that now the fate of the convicted double murderer, whose case has garnered support from Kim Kardashian and other celebrities, is in the hands of Gov. Mike DeWine, noting that “We are encouraged that the Parole Board has taken a step towards recognizing the gross injustice Tyrone Noling has endured for decades,” said Brian Howe of the Ohio Innocence Project, one of Noling’s attorneys. “We hope Gov. DeWine will pardon Tyrone and allow an innocent man to go home at last.” DeWine has the power to pardon Noling, but he can also reduce his sentence or stay the execution to provide more time to pursue a legal remedy."


QUOTE OF THE DAY:  “We are encouraged that the Parole Board has taken a step towards recognizing the gross injustice Tyrone Noling has endured for decades,” said Brian Howe of the Ohio Innocence Project, one of Noling’s attorneys. “We hope Gov. DeWine will pardon Tyrone and allow an innocent man to go home at last.” DeWine has the power to pardon Noling, but he can also reduce his sentence or stay the execution to provide more time to pursue a legal remedy."

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PASSAGE OF THE DAY: "Prosecutors, however, have insisted that Noling is an unrepentant killer who at age 18 was part of a gang that did a string of robberies in Portage County, where he gunned down Bearnhardt and Cora Hartig, both 81, on April 5, 1990, inside their home in Atwater Township. Bearnhardt Hartig was shot three times and his wife five times with a .25-caliber automatic handgun. Their house had been ransacked. Noling was convicted on the strength of testimony from three other members of the gang who were 14, 15 and 16 at the time. They later retracted their statements, saying that police pressured them to name Noling as the shooter."

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PASSAGE TWO OF THE DAY: "Noling was sentenced to death in 1996, even though no physical evidence tied him to the crime and no murder weapon was ever found. While Noling languished on death row, the Innocence Project lawyers uncovered law enforcement notes that pointed to three other potential suspects, including Dan Wilson, who was executed by lethal injection in Ohio in 2009 for the 1991 murder of a young woman.  The Ohio Innocence Project lawyers wrote in court documents that the accused man’s original defense team was not aware, during his murder trial, that Wilson’s foster brother had told police that Wilson had bragged about killing the Hartigs. Also, Noling’s defense attorneys were aware that DNA testing on a cigarette butt found by detectives on the Hartigs’ driveway did not place Noling — or any of the three other teens — at the scene at the time.  But they weren’t aware of a June 1991 blood-typing lab report that concluded that the cigarette could have been smoked by somebody like Wilson."

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PASSAGE THREE OF THE DAY: "Noling also got a boost from former Portage County Sheriff Ken Howe, now 83, whose department spent over two years reviewing the case but refused to hand it over to prosecutors because no weapon or physical evidence linked Noling and the other teenagers to the crime. It was the local prosecuting attorney and his investigators who secured the grand jury indictment against Noling. In an interview with The Associated Press, Howe said that there were red flags when police were investigating Noling for the slayings and the evidence that has accumulated since then has convinced him that neither Noling nor the other members of the alleged robbery gang were involved in the double murder. “I believe that these boys were, and are, innocent,” he said."

____________________________

STORY: "Ohio Parole Board says death row inmate Tyrone Noling should have his sentence commuted to life," by Senior NBC News Digital Reporter  Corky Siemaszko, published by NBC News, on August 25, 2026. 


SUB-HEADING: "Now the fate of the convicted double murderer, whose case has garnered support from Kim Kardashian and other celebrities, is in the hands of Gov. Mike DeWine."


GIST: "The Ohio Parole Board recommended Tuesday that a prisoner who has spent 30 years on death row for two murders he says he did not commit should have his sentence commuted to life in prison with the possibility of parole as early as 2029.

The recommendation landed on Gov. Mike DeWine’s desk a week after Tyrone Noling asked the board for a full pardon.

Now the fate of the 54-year-old Noling, whose bid for exoneration has garnered celebrity support from Kim Kardashian and actors Hilarie Burton and Jeffrey Dean Morgan, is in the hands of an outgoing Republican governor who, as a state senator, co-sponsored the legislation that reinstated capital punishment in Ohio in 1981.

Since then, DeWine has had a change of heart, and in June he called on lawmakers to eliminate the death penalty, saying “the moral justification I had for voting for the death penalty simply no longer exists.”

“We are encouraged that the Parole Board has taken a step towards recognizing the gross injustice Tyrone Noling has endured for decades,” said Brian Howe of the Ohio Innocence Project, one of Noling’s attorneys. “We hope Gov. DeWine will pardon Tyrone and allow an innocent man to go home at last.”

DeWine has the power to pardon Noling, but he can also reduce his sentence or stay the execution to provide more time to pursue a legal remedy.

One of the eight parole board members who took part in this case, former prosecutor Shontell Walker, was in favor of granting Noling a pardon, according to the board’s recommendation. Five were in favor of commuting his sentence and two were opposed.

Noling, whose case has been the subject of documentaries and true-crime podcasts, has said he won’t accept a commutation of his sentence to life without parole.

Typically, death row inmates aren’t allowed clemency hearings until they have an execution date. Noling doesn’t have one. And during his appearance before the parole board, his lawyers argued that he had nothing to do with the murders of an elderly couple.

Prosecutors, however, have insisted that Noling is an unrepentant killer who at age 18 was part of a gang that did a string of robberies in Portage County, where he gunned down Bearnhardt and Cora Hartig, both 81, on April 5, 1990, inside their home in Atwater Township.

Bearnhardt Hartig was shot three times and his wife five times with a .25-caliber automatic handgun. Their house had been ransacked.

Noling was convicted on the strength of testimony from three other members of the gang who were 14, 15 and 16 at the time. They later retracted their statements, saying that police pressured them to name Noling as the shooter.

While aggravated burglary charges brought against Noling were dropped in 1992, a grand jury reindicted him in 1995 for the Hartig murders.

Noling was sentenced to death in 1996, even though no physical evidence tied him to the crime and no murder weapon was ever found.

While Noling languished on death row, the Innocence Project lawyers uncovered law enforcement notes that pointed to three other potential suspects, including Dan Wilson, who was executed by lethal injection in Ohio in 2009 for the 1991 murder of a young woman.

The Ohio Innocence Project lawyers wrote in court documents that the accused man’s original defense team was not aware, during his murder trial, that Wilson’s foster brother had told police that Wilson had bragged about killing the Hartigs.

Also, Noling’s defense attorneys were aware that DNA testing on a cigarette butt found by detectives on the Hartigs’ driveway did not place Noling — or any of the three other teens — at the scene at the time.

But they weren’t aware of a June 1991 blood-typing lab report that concluded that the cigarette could have been smoked by somebody like Wilson.

Noling also got a boost from former Portage County Sheriff Ken Howe, now 83, whose department spent over two years reviewing the case but refused to hand it over to prosecutors because no weapon or physical evidence linked Noling and the other teenagers to the crime.

It was the local prosecuting attorney and his investigators who secured the grand jury indictment against Noling.

In an interview with The Associated Press, Howe said that there were red flags when police were investigating Noling for the slayings and the evidence that has accumulated since then has convinced him that neither Noling nor the other members of the alleged robbery gang were involved in the double murder.

“I believe that these boys were, and are, innocent,” he said."


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;