Tuesday, December 10, 2024

Daniel Penny: New York: Fault and 'fault lines,' Major Development: He has been acquitted by the Manhattan jury trying the New York City subway chokehold case. (Jordan Neely's death)…"Penny, 26, gripped Jordan Neely around the neck for about six minutes in a chokehold that other subway passengers partially captured on video. Penny’s lawyers said he was protecting himself and other subway passengers from a volatile, mentally ill man who was making alarming remarks and gestures. The defense also disputed a city medical examiner’s finding that the chokehold killed Neely. Prosecutors said Penny reacted far too forcefully to someone he perceived as a peril, not a person."


BACKGROUD: From a previous post: "The jury of seven women and five men sent a note to Judge Maxwell Wiley around 3pm on Wednesday asking to rehear pat of the city Medical Examiner's testimony about issuing a death certificate without getting toxicology results for the 30-year-old victim. Dr. Cynthia Harris had testified that bystander video of Penny's six-minute encounter with Neely onboard the F train in Manhattan, as well as investigative findings gave her all the information she needed to declare that Neely died of compression to the neck, NBC 4 reports. 'No toxicological result imaginable was going to change my opinion,' Harris said, even if it showed 'enough fentanyl to put down an elephant.'


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PASSAGE OF THE DAY: "The case amplified many American fault lines, among them race, politics, crime, urban life, mental illness and homelessness. Neely was Black. Penny is white. There were sometimes dueling demonstrations outside the courthouse, and high-profile Republican politicians portrayed Penny as a hero while prominent Democrats attended Neely’s funeral."

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

STORY: "Daniel Penny is acquitted in NYC subway chokehold case over Jordan Neely's death," by Associated Press Reporter Jennifer  Pelts, published on December 9,  2024.

GIST: "A Marine veteran who used a chokehold on an agitated subway rider was acquitted on Monday in a death that became a prism for differing views about public safety, valor and vigilantism.

A Manhattan jury delivered the verdict, clearing Daniel Penny of criminally negligent homicide in Jordan Neely’s death last year. A more serious manslaughter charge was dismissed earlier in deliberations because the jury deadlocked on that count.

Both charges were felonies and carried the possibility of prison time.

Penny, 26, gripped Jordan Neely around the neck for about six minutes in a chokehold that other subway passengers partially captured on video.

Penny’s lawyers said he was protecting himself and other subway passengers from a volatile, mentally ill man who was making alarming remarks and gestures. The defense also disputed a city medical examiner’s finding that the chokehold killed Neely.

Prosecutors said Penny reacted far too forcefully to someone he perceived as a peril, not a person.

The case amplified many American fault lines, among them race, politics, crime, urban life, mental illness and homelessness. Neely was Black. Penny is white.

There were sometimes dueling demonstrations outside the courthouse, and high-profile Republican politicians portrayed Penny as a hero while prominent Democrats attended Neely’s funeral.

The entire story can be read at: 

https://www.kmbc.com/article/daniel-penny-acquitted-nyc-subway-chokehold/63136036

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. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:

    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    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;
-----------------------------------------------------------------

Monday, December 9, 2024

Tim Rees: Ontario: Nota Bene: Publisher's Note: A startling incriminating taped interview with another man - that Toronto police had never turned over to the prosecutors or to the defence lawyers - is expected to be at the heart of Tim Rees's appeal, which is scheduled to begin tomorrow (Tuesday December 10) at Osgoode Hall in Toronto, before three justices of the Ontario Court of Appeal. (Innocence Canada lawyers, James Lockyer and Jerome Kennedy will be representing Mr. Rees.)…"The spectre of an innocent man serving 23 years behind bars as a child killer before being released on parole in these circumstances, could place the Rees case among the most notorious miscarriages in Canadian history. Indeed, Reporter Powell notes that If the panel of three judges agrees, Rees’s case will join the list of Canada’s highest-profile wrongful convictions, alongside those of names like Donald Marshall Jr, Guy Paul Morin, David Milgaard and Steven Truscott."


PUBLISHER'S NOTE: In her  July 24, 2024 story headed, "Did Toronto police ‘bury’ evidence of this girl’s real killer? Shocking tape of admitted abuser never turned over to Crown, defence," Toronto Star Courts reporter Betsy Powell  reported that although Rees, 61, spent  23 years in prison for the 1989 murder of 10-year-old Darla Thurrott,  it was only later, with the help of   Innocence Canada that he learned Toronto police had never turned over a startlingly incriminating interview with another man. That taped interview is expected to be at the heart of  Tim Rees's appeal, which is scheduled to begin tomorrow (December 10)  at Osgoode Hall in Toronto, before three justices of the Ontario Court of Appeal.  (Innocence Canada lawyers, James Lockyer and Jerome Kennedy will be representing Mr. Rees.)  The spectre of  an innocent   man  serving  23 years behind bars as a child killer before being released  on parole in these circumstances,  could place the Rees case among the most notorious  miscarriages in Canadian history. Indeed, as Reporter Powell notes, if the panel of three judges agrees, Rees’s case will join the list of Canada’s highest-profile wrongful convictions, alongside those of names like Donald Marshall Jr, Guy Paul Morin, David Milgaard and  Steven Truscott."


HAROLD LEVY:  PUBLISHER: THE CHARLES SMITH BLOG: 

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

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. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:

    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    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;
-----------------------------------------------------------------

Predictive Policing? Major (Welcome) Development: The Bradenton Times (Reporter Mitch Perry/Florida Phoenix) reports that the Pasco County Sheriff’s Office has admitted in a settlement agreement made public on Wednesday that its policy of keeping a list of people considered likely to commit future crimes and sending deputies to their homes violated the U.S. Constitution - noting that as part of the settlement, the office will pay $105,000 to four Pasco County residents who were targeted by the law enforcement agency and is barred from implementing any similar program in the future…"The program, dubbed “Intelligent Led Policing” by the Sheriff’s Office and “predictive policing” by its critics, first came to light in a series of reports by the Tampa Bay Times in 2020. The paper reported that after Sheriff Chris Nocco took office in 2011, he created a “cutting-edge intelligence program” designed to stop crime before it happened, which led to the harassment of children and their families. The Times found that Pasco County residents who got caught in the agency’s sights were placed on a list as potential criminals and subjected to harassment, often having deputies show up at odd hours. More than 12,500 times, the reporters found, deputies checked on the people identified by a departmental algorithm as targets. Those targeted were cited for violations such as missing mailbox numbers or overgrown grass. The paper reported that one of the goals of the program was to encourage those who made it onto the agency’s list to move away."


QUOTE OF THE DAY: "For years, the Pasco Sheriff ran an unconstitutional program, harassing kids and their parents because a glorified Excel spreadsheet predicted they would commit future crimes,” said IJ Senior Attorney Rob Johnson in a statement. “Today the Sheriff acknowledged that dystopian program violated the Constitution and agreed never to bring it back.”

——————————————————————————————

SECOND QUOTE OF THE DAY: "“The Pasco Sheriff’s Office will never apologize for keeping our community safe and holding those who victimize our community accountable for their actions."

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

PASSAGE OF THE DAY: "According to the Tampa Bay Times, which received a Pulitzer Prize for Local Reporting in 2021 for a series of articles exposing the initiative, about 1,000 people were monitored under the program, including children. “Pasco County’s prolific offender program turned the criminal-justice system on its head,” said IJ Senior Attorney Ari Bargil. “In America, we deal with crime by convicting criminals in court, not by punishing people we think might be criminals in the future. It took three years to teach the Pasco Sheriff’s Office that lesson, but we expect today’s settlement will help other jurisdictions learn a little quicker.”

——————————————————————————————————

STORY: "Pasco County Sheriff’s Office settles ‘intelligence-led policing’ program,"  by Reporter Mitch Perry, published by The Bradenton Post, on December 5, 2024. (Mitch Perry has covered politics and government in Florida for more than two decades. Most recently he is the former politics reporter for Bay News 9. He has also worked at Florida Politics, Creative Loafing and WMNF Radio in Tampa. He was also part of the original staff when the Florida Phoenix was created in 2018. Florida Phoenix is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.]

GIST: "The Pasco County Sheriff’s Office has admitted in a settlement agreement made public on Wednesday that its policy of keeping a list of people considered likely to commit future crimes and sending deputies to their homes violated the U.S. Constitution.

As part of the settlement, the office will pay $105,000 to four Pasco County residents who were targeted by the law enforcement agency and is barred from implementing any similar program in the future.

The program, dubbed “Intelligent Led Policing” by the Sheriff’s Office and “predictive policing” by its critics, first came to light in a series of reports by the Tampa Bay Times in 2020. The paper reported that after Sheriff Chris Nocco took office in 2011,  he created a “cutting-edge intelligence program” designed to stop crime before it happened, which led to the harassment of children and their families.

The Times found that Pasco County residents who got caught in the agency’s sights were placed on a list as potential criminals and subjected to harassment, often having deputies show up at odd hours. More than 12,500 times, the reporters found, deputies checked on the people identified by a departmental algorithm as targets.

Those targeted were cited for violations such as missing mailbox numbers or overgrown grass. The paper reported that one of the goals of the program was to encourage those who made it onto the agency’s list to move away.

The Institute for Justice (IJ) filed a federal lawsuit on behalf of four Pasco residents in 2021. But just as the trial was set to begin, the Sheriff’s Office and the plaintiffs reached the settlement. The agency agreed that the program had interfered with the plaintiffs First, Fourth, and Fourteenth amendments to the U.S. Constitution.

‘Glorified Excel spreadsheet’

“For years, the Pasco Sheriff ran an unconstitutional program, harassing kids and their parents because a glorified Excel spreadsheet predicted they would commit future crimes,” said IJ Senior Attorney Rob Johnson in a statement. “Today the Sheriff acknowledged that dystopian program violated the Constitution and agreed never to bring it back.”

“For years, the Pasco Sheriff’s Office treated me like it could do anything it wanted,” said Darlene Deegan, one of the four Pasco residents who filed the lawsuit. “But today proves that when ordinary people stand up for themselves, the Constitution still means what it says.”

Dalanea Taylor, Tammy Heilman, and Robert A. Jones III are the other plaintiffs in the lawsuit.

In 2023, the Sheriff’s Office denied in a statement given to Spectrum News that they had ever engaged in predictive policing.

“As Pasco Sheriff’s Office has consistently maintained, we do not, and have never, engaged in any programs or techniques that are, in any way, shape or form, predictive policing,” it read.

“We appreciate that the Dept. of Justice’s Bureau of Justice Assistance requested an independent third party review of the Focused Deterrence program which concluded, to directly quote the final assessment by the BJA third party review, that there was ‘no identified disproportionate impact on people of color’ and that the program showed ‘a promising body of evidence suggesting that the strategy may be effective.'”

The statement went on to say that “[w]e welcome a review of any of our programs and are confident the results would be the same as the review of the Focused Deterrence program, specifically that media accounts of our operations are wildly different than our actual operations.”

Pulitzer Prize

According to the Tampa Bay Times, which received a Pulitzer Prize for Local Reporting in 2021 for a series of articles exposing the initiative, about 1,000 people were monitored under the program, including children.

“Pasco County’s prolific offender program turned the criminal-justice system on its head,” said IJ Senior Attorney Ari Bargil. “In America, we deal with crime by convicting criminals in court, not by punishing people we think might be criminals in the future. It took three years to teach the Pasco Sheriff’s Office that lesson, but we expect today’s settlement will help other jurisdictions learn a little quicker.”

The Pasco Sheriff’s Office sent the Phoenix a statement this afternoon:

“The Pasco Sheriff’s Office will never apologize for keeping our community safe and holding those who victimize our community accountable for their actions.

“It is important to note that this is the final case tied to the false reporting alleged by former members of the Sheriff’s Office who were held accountable and disciplined for their actions. In all previous cases, courts ruled in favor of the Sheriff’s Office and, in this case, a court also found that the Sheriff’s Office written policies were constitutional.

“To be clear, this activist group from outside our community represented four individuals and this is related to these four individuals only.

“As a steward of taxpayer dollars, the Sheriff must adhere to that responsibility and, when presented with a financially minimal settlement agreement of $105,000, which is significantly lower than anticipated attorney costs for trial which could have reached millions of dollars, accepting the settlement was the best decision for the taxpayers of Pasco County. This was strictly a financial decision that was best for the taxpayers who fund our operations and will be paid for by the Florida Sheriff’s Association Risk Management Fund.

“We continue to protect and serve our community and will continue to be tough on crime and make sure those who victimize our community will be held accountable. We will, again, never apologize for keeping our community safe."

The entire story can be read at: 

https://thebradentontimes.com/stories/pasco-county-sheriffs-office-settles-intelligence-led-policing-program,118429


STORY: "Pasco County Sheriff’s Office settles ‘intelligence-led policing’ program,"  by Reporter Mitch Perry, published by The Bradenton Post, on December 5, 2024.

GIST: "The Pasco County Sheriff’s Office has admitted in a settlement agreement made public on Wednesday that its policy of keeping a list of people considered likely to commit future crimes and sending deputies to their homes violated the U.S. Constitution.

As part of the settlement, the office will pay $105,000 to four Pasco County residents who were targeted by the law enforcement agency and is barred from implementing any similar program in the future.

The program, dubbed “Intelligent Led Policing” by the Sheriff’s Office and “predictive policing” by its critics, first came to light in a series of reports by the Tampa Bay Times in 2020. The paper reported that after Sheriff Chris Nocco took office in 2011,  he created a “cutting-edge intelligence program” designed to stop crime before it happened, which led to the harassment of children and their families.

The Times found that Pasco County residents who got caught in the agency’s sights were placed on a list as potential criminals and subjected to harassment, often having deputies show up at odd hours. More than 12,500 times, the reporters found, deputies checked on the people identified by a departmental algorithm as targets.

Those targeted were cited for violations such as missing mailbox numbers or overgrown grass. The paper reported that one of the goals of the program was to encourage those who made it onto the agency’s list to move away.

The Institute for Justice (IJ) filed a federal lawsuit on behalf of four Pasco residents in 2021. But just as the trial was set to begin, the Sheriff’s Office and the plaintiffs reached the settlement. The agency agreed that the program had interfered with the plaintiffs First, Fourth, and Fourteenth amendments to the U.S. Constitution.

‘Glorified Excel spreadsheet’

“For years, the Pasco Sheriff ran an unconstitutional program, harassing kids and their parents because a glorified Excel spreadsheet predicted they would commit future crimes,” said IJ Senior Attorney Rob Johnson in a statement. “Today the Sheriff acknowledged that dystopian program violated the Constitution and agreed never to bring it back.”

“For years, the Pasco Sheriff’s Office treated me like it could do anything it wanted,” said Darlene Deegan, one of the four Pasco residents who filed the lawsuit. “But today proves that when ordinary people stand up for themselves, the Constitution still means what it says.”

Dalanea Taylor, Tammy Heilman, and Robert A. Jones III are the other plaintiffs in the lawsuit.

In 2023, the Sheriff’s Office denied in a statement given to Spectrum News that they had ever engaged in predictive policing.

“As Pasco Sheriff’s Office has consistently maintained, we do not, and have never, engaged in any programs or techniques that are, in any way, shape or form, predictive policing,” it read.

“We appreciate that the Dept. of Justice’s Bureau of Justice Assistance requested an independent third party review of the Focused Deterrence program which concluded, to directly quote the final assessment by the BJA third party review, that there was ‘no identified disproportionate impact on people of color’ and that the program showed ‘a promising body of evidence suggesting that the strategy may be effective.'”

The statement went on to say that “[w]e welcome a review of any of our programs and are confident the results would be the same as the review of the Focused Deterrence program, specifically that media accounts of our operations are wildly different than our actual operations.”

Pulitzer Prize

According to the Tampa Bay Times, which received a Pulitzer Prize for Local Reporting in 2021 for a series of articles exposing the initiative, about 1,000 people were monitored under the program, including children.

“Pasco County’s prolific offender program turned the criminal-justice system on its head,” said IJ Senior Attorney Ari Bargil. “In America, we deal with crime by convicting criminals in court, not by punishing people we think might be criminals in the future. It took three years to teach the Pasco Sheriff’s Office that lesson, but we expect today’s settlement will help other jurisdictions learn a little quicker.”

The Pasco Sheriff’s Office sent the Phoenix a statement this afternoon:

“The Pasco Sheriff’s Office will never apologize for keeping our community safe and holding those who victimize our community accountable for their actions.

“It is important to note that this is the final case tied to the false reporting alleged by former members of the Sheriff’s Office who were held accountable and disciplined for their actions. In all previous cases, courts ruled in favor of the Sheriff’s Office and, in this case, a court also found that the Sheriff’s Office written policies were constitutional.

“To be clear, this activist group from outside our community represented four individuals and this is related to these four individuals only.

“As a steward of taxpayer dollars, the Sheriff must adhere to that responsibility and, when presented with a financially minimal settlement agreement of $105,000, which is significantly lower than anticipated attorney costs for trial which could have reached millions of dollars, accepting the settlement was the best decision for the taxpayers of Pasco County. This was strictly a financial decision that was best for the taxpayers who fund our operations and will be paid for by the Florida Sheriff’s Association Risk Management Fund.

“We continue to protect and serve our community and will continue to be tough on crime and make sure those who victimize our community will be held accountable. We will, again, never apologize for keeping our community safe."

The entire story can be read at: 

https://thebradentontimes.com/stories/pasco-county-sheriffs-office-settles-intelligence-led-policing-program,118429

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. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    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;

----------------------------------------------------------------- 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. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    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;
-----------------------------------------------------------------

Sunday, December 8, 2024

Robert Roberson: Texas: Bulletin: Lawmakers have laid out a plan to get death row occupant Robert Roberson to testify, CBS News reports, noting that State Representatives Jeff Leach and Joe Moody said a hearing is set for December 20th to let Roberson explain how the junk science law has failed him…"The lawmakers said the Texas Department of Criminal Justice has until Friday evening to let them know if they will bring the death row inmate to testify on December 20th. If not, they say they will issue another subpoena to bring Roberson to the state capitol so they can hear from him in person."


PASSAGE OF THE DAY: "57-year-old Robert Roberson was convicted of murder in the 2002 death of his 2-year-old daughter. Prosecutors said he violently shook his daughter causing fatal head injuries. A bipartisan group of lawmakers and medical experts disagree. They contend his conviction is based on flawed or junk science. In October, the Texas House Criminal Jurisprudence Committee abruptly stopped his execution by issuing a subpoena ordering him to testify. “He was within 20 feet and 20 minutes of being killed by the State of Texas,” said Leach."

———————————————————————

PASSAGE TWO OF THE DAY:
The lawmakers say their goals are to get Roberson a new trial and initiate a thorough review of the Texas Junk Science Law."

——————————————————————————————

STORY: "Texas lawmakers lay out a plan to get death row inmate  (sic) Robert Roberson to testify,"  by Reporter Betties Cross, published on Friday December 6, 2024.

AUSTIN, Texas — A new turn in the fight to save death row inmate )sic)  Robert Roberson.

“We will not relent in the pursuit of justice for Mr. Roberson. It’s not going to happen,” said State Representative Jeff Leach.

On Friday, two state lawmakers laid out how they plan to stop the execution of Roberson. State Representatives Jeff Leach and Joe Moody said a hearing is set for December 20th to let Roberson explain how the junk science law has failed him. The remarks were made during Friday’s Texas Tribune session, Is Justice Served? Legislative Intervention and the Death Penalty.

The lawmakers said the Texas Department of Criminal Justice has until Friday evening to let them know if they will bring the death row inmate to testify on December 20th. If not, they say they will issue another subpoena to bring Roberson to the state capitol so they can hear from him in person.

57-year-old Robert Roberson was convicted of murder in the 2002 death of his 2-year-old daughter. Prosecutors said he violently shook his daughter causing fatal head injuries. A bipartisan group of lawmakers and medical experts disagree. They contend his conviction is based on flawed or junk science. In October, the Texas House Criminal Jurisprudence Committee abruptly stopped his execution by issuing a subpoena ordering him to testify.

“He was within 20 feet and 20 minutes of being killed by the State of Texas,” said Leach.

The two lawmakers said the Attorney General’s Office is dragging its feet on agreeing to let Roberson testify. Leach and Moody say they are prepared to issue another subpoena to hear directly from the death row inmate.

“The Attorney’s General Office can disagree with the legislature and can debate the legislature, we welcome that. But they cannot disregard the legislature. They can’t and that’s what’s happening right now. We are not going to allow that to stand without a fight,” said Leach.

The state has not set a new execution date for Roberson. Lawmakers say that means he can testify before them on December 20th. The Texas Supreme Court ruled a hearing is allowed if it doesn’t interfere with carrying out a scheduled death sentence.

“We as legislators need to see and hear him. The Texans who care about these issues need to see and hear him. It informs our decision making,” said Moody. “I have asked the Texas Department of Criminal Justice to comply with the statute and that is nondiscretionary. Please bring this person before the committee to testify.”


The lawmakers say their goals are to get Roberson a new trial and initiate a thorough review of the Texas Junk Science Law."


The entire story ca be read at:



https://cbsaustin.com/news/local/texas-lawmakers-lay-out-a-plan-to-get-death-row-inmate-robert-roberson-to-testify


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. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

    ———————————————————————————————

    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;
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Gregory Sharkey: Spokane, Washington: A twisted journey: From trying to defuse an escalating situation - to be convicted of the shooting and spending 15 years in prison for the crime he insists he did not commit. How so? An incentivized key witness, and some curious ballistics…"According to a statement given by a witness named Margaret Shults, police insinuated that they believed Sharkey was the shooter. At the time, Shults was facing 10 years in prison as an alleged accomplice in a vehicle theft. Prosecutors offered to reduce her prison sentence significantly if she testified that Sharkey committed the shooting. A police report says Shults took officers to West Kiernan Street—about 10 blocks away from where the shooting occurred—and pulled a piece of metal from a telephone pole. Law enforcement indicated that the metal was a bullet fragment from a .38 caliber gun that Sharkey allegedly used to shoot Everett. Despite findings from a private investigator hired by the state, Rod Staudinger, who reported that there was no evidence of a .38 caliber gun used at the scene of the crime, no one questioned how the police used a fragment found blocks away from the incident to link Sharkey to the incident."



PASSAGE OF THE DAY: "In an interview with The Appeal, Dawson, who admitted to committing the shooting, indicated that he had written to the Spokane prosecutor’s office and said Sharkey was innocent. Although Dawson tried to explain what happened, the prosecutor’s office refused to listen. Eventually, Dawson pleaded guilty to first-degree assault on a police officer, first-degree attempted robbery, and eight counts of second-degree assault, leaving him with a 12-year prison sentence.  However, Gregory Sharkey rejected a plea deal and went to trial to prove his innocence. But the move backfired. He was convicted of 10 counts of first-degree assault with gun enhancements, leaving him with more than 180 years in prison."

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PASSAGE TWO OF THE DAY: "After Sharkey had spent nearly 15 years in prison, multiple victims of the shooting came forth. They said they believed Sharkey to be innocent and a victim of police and prosecutors’ racial bias. “Every witness present told Spokane Police that Gregory Sharkey was not involved and did not shoot a gun,” Daniel Bolen, a U.S. National Guard member and a victim of the shooting, told The Appeal. On the day of Sharkey’s trial, Bolen communicated that a woman, who he believed was a detective, coached and coerced him and the other victims to testify that Sharkey was shooting at them—despite their attempts to convey otherwise. Another shooting victim named Zachory Davis made similar claims."

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PASSAGE THREE OF THE DAY: "Bolen believes that law enforcement treated Sharkey differently because he is Black.  “The way the detectives badgered us and repeated ‘It’s him!’ over and over, in reference to the only black person involved, it was clearly communicated that the police did not care about the truth—they needed Sharkey to be guilty,” Bolen said.  Bolen said he didn’t feel that justice had been done in the case and that he felt victimized by the police, whom he says tried to change his testimony.  “I was raised to believe these institutions are righteous, but as an adult with much more life experience, I know the truth,” Bolen said. “These institutions were designed to serve some, but not all, which creates inequality.”"

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PASSAGE FOUR OF THE DAY: "Eventually, the courts granted Sharkey a resentencing hearing, so long as he dropped the appeal over his conviction. His case would finally be heard. After a long-awaited moment in court, Sharkey was finally released back to his family and community on November 13, 2024—15 years after his arrest. The police and prosecutors who stripped decades from his life did not issue an apology. Sharkey’s family and supporters are not simply happy that their loved one is home—they want to see those responsible for the miscarriage of justice face consequences."

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STORY: "Wrongfully Convicted Man Wants Justice from Spokane, WA Police," by Reporters Antoine Davis and Christopher Blackwell, published by 'The Appeal', on December 24, 2024. "Antoine Davis is a licensed minister at Freedom Church of Seattle currently incarcerated at Washington Correction Center, serving a 63-year sentence. He is the founder of Inside Out Mentoring Program, which was designed to promote spiritual growth, educational development, and relationship building in the lives of young adults"…"Christopher William Blackwell, 41, is a Washington-based award-winning journalist currently incarcerated at the Washington Corrections Center. He is serving a 45-year prison sentence for taking another human’s life during a drug robbery. He has been incarcerated since 2003."

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SUB-HEADING: "Now Free, Man Who Alleges Wrongful Conviction Wants Justice from WA Police."

SUB-HEADING: "Gregory Sharkey spent 15 years in prison for a crime he says he didn’t commit. He was finally freed last month—but will those responsible for caging him be held accountable?"


GIST: "In December 2009, Gregory Sharkey and his friends walked past a house in Spokane, Washington. Someone from a nearby home pointed a laser at them. Annoyed, one of Sharkey’s friends, Dominic Shaver, walked over to confront the people responsible. Sharkey unsuccessfully tried to defuse the escalating situation—but another member of his group, Tony Dawson, pulled out a gun, shot, and wounded a man named Charles Everett—sparking a chain of events that robbed Sharkey of 15 years of his life.

Sharkey was ultimately convicted of the shooting. After maintaining his innocence for a decade and a half, he was released last month—and now is fighting to see that the people who threw him behind bars are held accountable.

“Going home after 15 years in prison doesn’t feel real,” Sharkey told The Appeal. “Being given life in prison for something I didn’t do damaged me psychologically. I literally watched my dreams and goals erode into darkness with no light at the end of the tunnel. This experience made it nearly impossible to maintain my humanity.” 

The Spokane Police Department did not respond to a request for comment. But Preston McCollam, the Spokane County Prosecuting Attorney’s Office’s chief criminal deputy, confirmed his office petitioned the courts to grant Sharkey a resentencing hearing.

“The status of his conviction in this matter has not changed, however he has been resentenced,” McCollam told The Appeal via email. “The facts of the case are publicly available on the Spokane County Superior Court Clerk’s website.”

Reports indicate that Shaver contacted the police, said that Dawson had shot someone, and added that Sharkey was present during the shooting. Later on, while investigating a separate shooting, police found two of Dawson’s guns in a hot tub and began assuming there was a second shooter in the Everett case. Law enforcement began investigating Shaver as the second gunman. Shaver then pointed the finger at Sharkey.

According to a statement given by a witness named Margaret Shults, police insinuated that they believed Sharkey was the shooter. At the time, Shults was facing 10 years in prison as an alleged accomplice in a vehicle theft. Prosecutors offered to reduce her prison sentence significantly if she testified that Sharkey committed the shooting. 

A police report says Shults took officers to West Kiernan Street—about 10 blocks away from where the shooting occurred—and pulled a piece of metal from a telephone pole. Law enforcement indicated that the metal was a bullet fragment from a .38 caliber gun that Sharkey allegedly used to shoot Everett.

Despite findings from a private investigator hired by the state, Rod Staudinger, who reported that there was no evidence of a .38 caliber gun used at the scene of the crime, no one questioned how the police used a fragment found blocks away from the incident to link Sharkey to the incident.

In an interview with The Appeal, Dawson, who admitted to committing the shooting, indicated that he had written to the Spokane prosecutor’s office and said Sharkey was innocent. Although Dawson tried to explain what happened, the prosecutor’s office refused to listen.

Eventually, Dawson pleaded guilty to first-degree assault on a police officer, first-degree attempted robbery, and eight counts of second-degree assault, leaving him with a 12-year prison sentence. 

However, Gregory Sharkey rejected a plea deal and went to trial to prove his innocence. But the move backfired. He was convicted of 10 counts of first-degree assault with gun enhancements, leaving him with more than 180 years in prison.

After Sharkey had spent nearly 15 years in prison, multiple victims of the shooting came forth. They said they believed Sharkey to be innocent and a victim of police and prosecutors’ racial bias.

“Every witness present told Spokane Police that Gregory Sharkey was not involved and did not shoot a gun,” Daniel Bolen, a U.S. National Guard member and a victim of the shooting, told The Appeal.

On the day of Sharkey’s trial, Bolen communicated that a woman, who he believed was a detective, coached and coerced him and the other victims to testify that Sharkey was shooting at them—despite their attempts to convey otherwise. Another shooting victim named Zachory Davis made similar claims.

Bolen believes that law enforcement treated Sharkey differently because he is Black. 

“The way the detectives badgered us and repeated ‘It’s him!’ over and over, in reference to the only black person involved, it was clearly communicated that the police did not care about the truth—they needed Sharkey to be guilty,” Bolen said. 

Bolen said he didn’t feel that justice had been done in the case and that he felt victimized by the police, whom he says tried to change his testimony. 

“I was raised to believe these institutions are righteous, but as an adult with much more life experience, I know the truth,” Bolen said. “These institutions were designed to serve some, but not all, which creates inequality.”

Tony Dawson has since been released from prison after serving 12 years. In an interview with The Appeal, he said he also tried to defend Sharkey. 

“I kept trying to explain that Sharkey was innocent,” Dawson said. “It’s a burden on me that he sat in prison over something I did for so long.” 

Eventually, the courts granted Sharkey a resentencing hearing, so long as he dropped the appeal over his conviction. His case would finally be heard. After a long-awaited moment in court, Sharkey was finally released back to his family and community on November 13, 2024—15 years after his arrest. The police and prosecutors who stripped decades from his life did not issue an apology.

Sharkey’s family and supporters are not simply happy that their loved one is home—they want to see those responsible for the miscarriage of justice face consequences.

“We want fairness and accountability within the system so that these types of injustices don’t happen to other people,” Dawson’s mother, Annette McKinley, said. “If there are consequences for people who commit crime, people in positions of power should be held responsible for their unjust actions also.”

The entire story can be read at:

https://theappeal.org/wrongfully-convicted-gregory-sharkey-spokane-washington/


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. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html 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.

  • SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


    https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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    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;

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    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;
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