Saturday, July 31, 2010

AUBREY LEVIN: CBC REPORTS THAT PSYCHIATRIST CHARGED WITH ALLEGEDLY SEXUALLY ASSAULTING PATIENTS WORKED IN S.A. FOR MILITARY UNDER APARTHEID;


"Levin was suspended by the College of Physicians and Surgeons in March. He came to Canada in the 1990s from South Africa, where he had worked as a psychiatrist for the military during the apartheid era."

CBC NEWS;

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BACKGROUND: Dr. Aubrey Levin, 71, was first arrested and charged March 23 after allegations that a 36-year-old patient was repeatedly sexually assaulted. Calgary Police said that following that charge, “the sex crimes unit was approached by numerous people alleging they, too, were Sexually assaulted by Levin during counselling sessions or court-ordered visits. These assaults allegedly occurred at Levin's Peter Lougheed (hospital) office or examination rooms. Dr. Levin has now been charged with 20 additional counts of sexual assault involving 20 other patients. Alberta Justice has been reviewing all criminal cases in which Dr. Levin offered testimony to ensure there were no miscarriages of justice. Spokesman David Dear said the work in 17 cases in which Dr. Levin was currently involved has been redone by other psychiatrists. The department is currently reviewing 21 other cases which had been finished. Mr. Dear said that Dr. Levin most commonly gave expert testimony to help the court make decisions on sentencing for people who had already been convicted.

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"A Calgary psychiatrist who had been facing a single charge of sexual assault against a patient now faces 20 additional counts, police said Friday," the CBC story published earlier today begins, under the heading, "Calgary psychiatrist Dr. Aubrey Levin now faces 21 charges of sexual assault, based on allegations by patients.

"Dr. Aubrey Levin, 71, was first charged in March after one of his long-term patients came forward with an allegation,"
the story continues.

"The Calgary police sex crimes unit was subsequently approached by 20 former patients, who claimed Levin assaulted them during counselling sessions or court-ordered visits.

Levin regularly worked with justice officials on criminal cases, evaluating defendants and providing expert testimony in court.

It's alleged that assaults took place in Levin's office or in examination rooms at the Peter Lougheed Centre, police said.

Levin appeared in provincial court Friday morning. He was allowed to remain free on bail under several conditions. He must:

* Not have contact with alleged victims.
* Not practise medicine of any kind.
* Appear at court when requested.
* Surrender his passport and remain in Canada, except with written permission from the court.

Levin was suspended by the College of Physicians and Surgeons in March. He came to Canada in the 1990s from South Africa, where he had worked as a psychiatrist for the military during the apartheid era."


The story can be found at:

http://www.cbc.ca/health/story/2010/07/30/calgary-levin-psychiatrist-charges-new-twenty.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM; THE TEXAS OBSERVER'S DAVE MANN ASKS WHETHER THE COMMISSION'S REPORT WILL HELP THOSE WHO ARE WRONGLY ACCUSED;


"What’s most important here is that “flawed” evidence. The commission voted to elicit feedback from fire scientists about its conclusions and then produce a final report by their next meeting on Sept. 17th.

That report could be a very important document. How far will the commissioners go in their analysis of what they’ve already concluded is “flawed” evidence? Will they play it conservative—admit the evidence was flawed, but not go into detail—absolve the investigators and call it a day?

Or will they go point-by-point and detail the problems with each claim against Willingham? From crazed glass to melted bedsprings to burn patterns in post-flashover fires.

If so, then the report could be a landmark document: An official primer from a Texas agency on exactly which kinds of arson evidence is flawed.

Arson convictions in this state need to be examined—by the Attorney General, DPS, someone. To date, no one has looked at these cases in depth (besides the Innocence Project of Texas and myself).

The Forensic Science Commission report—if it details the exact kinds of flawed arson evidence that was used in the Willingham case—can provide the basis for a larger official investigation. And perhaps help people like Curtis Severns. And Ed Graf. And Alfredo Guardiola."

DAVE MANN: THE TEXAS OBSERVER;

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BACKGROUND: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses found him suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire."

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"Let’s start with an assertion on which everyone can agree: Cameron Todd Willingham is deceased,"
Dave Mann's commentary which appeared in the Texas Observer on July 26, 2010, under the heading, "Why Willingham-Arson Report Will Be So Important," begins.

"The time to help him passed six years ago, when Willingham was led into the death chamber in Huntsville and executed. There’s also little disputing that the arson evidence that sent him there was flawed and has since been disproved. But arguing endlessly about his guilt or innocence serves little practical purpose,"
the commentary continues.

"What we need to focus on is the discredited evidence that led to his conviction.

That’s because there are many wrongly convicted people serving time in Texas prison on bogus arson convictions. How many? We don’t know exactly, because hardly anyone has looked into it. But there are quite likely several hundred of them. Yes, hundreds.

I’ve done quite a bit of reporting on arson convictions—as part of an investigative series last year—and I’m convinced there are hundreds of innocent people who have been convicted of arson in Texas alone. (For more details, read this overview story.)

All of which brings me to Friday’s meeting of the Forensic Science Commission in Houston.

There was plenty of news and drama packed into that tiny meeting room at the Doubletree near Bush Intercontinental Airport. (I wasn’t at the meeting, but followed it via the video feed on the Innocence Project’s Web site.)

As you may know, there were two major developments at the meeting. First, the commissioners turned back an apparent attempt by Chair John Bradley to limit the types of forensic cases the commission could look at.

I’ll spare you the bureaucratic details, but essentially Bradley—who was appointed by Gov. Rick Perry last year in a highly controversial move—had circulated a memo that, if enacted, would have restricted the commission’s work to post-2003 cases. (The Houston Chronicle’s Rick Casey wrote an excellent column on this issue.)

The second development was the commission finally concluded that the arson evidence used against Willingham was “flawed.” The commission also concluded that the investigators in the case weren’t professionally negligent, because they were simply following accepted practices at the time. Commissioners made clear they didn’t think that in 1991, when Willingham’s case was investigated, the new and more scientific understanding of fire was widely known.

The meeting also included two very entertaining shouting matches between Bradley and Barry Scheck of the Innocence Project—with Bradley accusing Scheck of playing to the cameras, and Scheck responding that Bradley wasn’t seeking the truth. (You can read details from the Statesman and Grits. Kuff has coverage too.)

As Grits points out, I’m not sure anyone really cares whether the investigators’ obviously flawed work 20 years ago meets the technical definition of “negligence.” One of the men who worked on the case is dead, after all. (It’s also a bit of a cop out—as Scheck noted at the meeting—because the Innocence Project had originally asked the commission to look at not whether the investigators committed negligence at the time, but whether the state Fire Marshal’s office committed negligence by not correcting the record in Willingham’s case, when they knew (or should have known) that a man was sitting on death row due to flawed evidence.)

What’s most important here is that “flawed” evidence. The commission voted to elicit feedback from fire scientists about its conclusions and then produce a final report by their next meeting on Sept. 17th.

That report could be a very important document. How far will the commissioners go in their analysis of what they’ve already concluded is “flawed” evidence? Will they play it conservative—admit the evidence was flawed, but not go into detail—absolve the investigators and call it a day?

Or will they go point-by-point and detail the problems with each claim against Willingham? From crazed glass to melted bedsprings to burn patterns in post-flashover fires.

If so, then the report could be a landmark document: An official primer from a Texas agency on exactly which kinds of arson evidence is flawed.

Arson convictions in this state need to be examined—by the Attorney General, DPS, someone. To date, no one has looked at these cases in depth (besides the Innocence Project of Texas and myself).

The Forensic Science Commission report—if it details the exact kinds of flawed arson evidence that was used in the Willingham case—can provide the basis for a larger official investigation. And perhaps help people like Curtis Severns. And Ed Graf. And Alfredo Guardiola."

The commentary can be found at:

http://www.texasobserver.org/contrarian/why-willingham-arson-report-will-be-so-important

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Friday, July 30, 2010

NEW FEATURE: CASES, ISSUES AND CONTROVERSIES THIS BLOG IS FOLLOWING;


PUBLISHER'S NOTE: The following breakdown of some of the cases, issues and controversies I am currently following, will hopefully help our readers navigate the pages of this Blog. I would very much appreciate your bringing any other cases involving flawed pathology, flawed pathologists, and related forensic matters to my attention at hlevy15@gmail.com; Best wishes. Harold Levy. Publisher; The Charles Smith Blog.

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CANADA:

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CHARLES SMITH: THE AFTERMATH OF THE GOUDGE INQUIRY:

Applications to the Ontario Court of Appeal; Seven individuals who were convicted of serious crimes involving the death of a child as a result of Dr. Smith's faulty opinions have been granted extended time to file their appeals by the Ontario Court of Appeal in their bids to have their wrongful convictions overturned; Some names are covered by a publication ban:

The Appellants are:

0: 
Tammy Marquardt, who was convicted in 1995 of first-degree murder in the death of her son, Kenneth Wynne, 2 1/2. 

0: 
Richard Brant, who was charged with manslaughter but later pleaded guilty to aggravated assault in the 1992 death of his 2-month-old son Dustin.
0:
Maria Shepherd, who was convicted in 1992 of manslaughter in the death of her 3-year-old stepdaughter Kasandra.
0: A Scarborough father who was charged with second-degree murder in the 1992 death of his 5-week-old son, Gaurov. 

0: 
The father of a 13-month-old Scarborough girl who died Feb. 8, 1999.
0: The 18-year-old mother of a baby who died in 1996.
0: A 21-year-old mother charged with second-degree murder in the 1992 death of her newborn.

(To date, the Association in Defence of the Wrongly Convicted (AIDWYC) has secured the acquittals of William Mullins-Johnson and Sherry Sherrett by the Ontario Court of Appeal, on September 21, 2005, and December 7, 2009, respectively.)

0: Compensation; None of Dr. Smith’s many victims have received any compensation for their ordeals they have suffered. We will be watching to see if Ontario Premier Dalton McGuinty follows through on his promise in May, 2010, that the government would make its long awaited announcement about compensation soon.

0: Review of shaken-baby syndrome cases by a panel of independent examiners;

0; Review of Dr. Smith’s forensic cases between 1981 and 1991.

0: Dr. Smith professional misconduct hearing before the Ontario College of Physicians and Surgeons.

0: Law-suits launched against Dr. Smith and other parties by Some of Dr. Smith’s victims including Louise Reynolds, Brenda Waudby and William Mullins-Johnson.

0: Outcome of any criminal investigations relating to Dr. Smith.

0: Brenda Waudby's appeal of the rejection of her claim for compensation for emotional suffering by Ontario’s Victims of Crime Compensation Board.

0: The Ontario Government's progress in implementing recommendations of the Goudge report such as the "Coroner’s Council" which would act as a watchdog against the abuses within Ontario’s Coroners’ system that allowed Dr. Smith to cause so much harm to his innocent victims over the years with impunity.

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JURYGATE: Several provinces have been rocked by allegations that prosecutors have been secretly using police to gather information that will help the Crown pick a jury that will be favourable to its case. We will continue to follow the numerous cases in which jury vetting is being advanced as a ground in the Court of Appeal - including one which involves a conviction of first degree murder of a police officer;

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WINDSOR, ONTARIO: We follow the aftermath of revelations that several Doctors misread pathology reports - with disastrous consequences to some of their patients and a decline of trust in the hospital pathology system. (Drs. Barbara Heartwell and Olive Williams). (We are specifically keeping an eye on related applications for class actions working their way through Ontario's courts.)

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ROY SIMMONS; ONTARIO; The Goudge Inquiry into many of Dr. Charles Smith's cases heard shocking evidence of a 1990 case in which Smith mislabelled DNA evidence. Roy Simmons, the accused, was subsequently convicted of manslaughter and incest. We are following Simmons' attempts to obtain the original autopsy report - he was originally told it was missing and then that it existed - and his efforts to use it to clear himself.

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GREGORY CARTER; ONTARIO; Gregory Carter, 63, was charged Jan. 25, 2010 with fraud, obstructing justice and perjury. Durham police allege Mr. Carter falsely identified himself as a psychologist in family court proceedings, identifying himself as a doctor. Some of those hearings resulted in parents losing bids for custody of their children, police said. On June 22, 2010, he pleaded guilty to professional misconduct for holding himself out as a "doctor" and was suspended for three months. Local papers have reported that the possibility of a class action is being explored. We are following the criminal charges Carter is facing - a batch of new ones were recently laid - the potential class actions, and the family court case in which parents who lost their children to the authorities due to Carter's opinions attempt to get them back.

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LEIGHTON HAY: Lawyers for Leighton Hay persuaded Supreme Court of Canada on July 15, 2010, hairs to be sent for forensic testing that they hope will free Hay from prison after more than seven years in custody. (Hay is serving a life term in the July 2002 execution-style murder of Colin Moore, 51, a beloved member of the local Guyanese community.) We follow developments.

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CHARLES SMITH BLOG AWARD: I established this award in 2009 to honour authors anywhere in the world who have done outstanding work in exposing a miscarriage of justice involving flawed pathology, flawed pathologists, or a combination of both. Honourees to date are: 0: Kevin Morgan (AUSTRALIA): author of "Gun Alley: Murder, Lies and Failure of Justice, who single-handedly fought for and obtained the forensic materials which led to Colin Ross's pardon almost ninety years after he was executed. 0: Michael Hall (U.S.A.): For his excellent work in Texas Monthly exposing the miscarriages of justice that have occurred as a result of scent-lineups and the "experts" who conduct them, and 0: Sun-Sentinel reporter Paula McMahon (U.S.A.) for her ground-breaking reporting over a nine year period which led to the freeing and exoneration of Anthony Caravella. O:journalist Stewart Cockburn (AUSTRALIA) for his ground-breaking work in "The Advertiser" which exposed the miscarriage of justice suffered by Ted Splatt and triggered the Royal Commission which led to Splatt's exoneration. 0: Australian scientist Tom Mann (AUSTRALIA) for his sterling efforts to publicize the injustice perpetrated on Ted Splatt in the courts including the publication of "Flawed Forensics: The Ted Splatt case and Stewart Cockburn," a monumental book which demonstrates the tragic consequences which can unfold when science gets twisted out of proportion in the courts and those entrusted with the task of protecting our criminal justice system abdicate their responsibilities. I welcome suggestions as to other authors who deserve to be nominated for this award for their work in exposing miscarriages of justice flawed pathology, flawed pathologists, or a combination of both at hlevy15@gmail.com; David Grann (U.S.A.) for his highly influential New Yorker story "Trial by Fire: Did Texas Execute an Innocent Man?" which exposed the faulty arson "science" that contributed to the wrongful conviction and execution of Cameron Todd Willingham.


U.S.A.

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HANKS SKINNER: TEXAS; (U.S. SUPREME COURT); All eyes will be on the U.S. Supreme Court this fall to learn whether the Justices will allow order the State of Texas to conduct the DNA testing which Skinner says will prove he is innocent - or leave his fate in the hands of Texas Governor Rick Perry.

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CAMERON TODD WILLINGHAM: TEXAS; (TEXAS FORENSIC SCIENCE COMMISSION); We are closely following events relating to the case of Cameron Todd Willingham, who was convicted of murder and executed for the deaths of his three young children via arson at the family home in Corsicana, Texas. Willingham's case gained renewed attention in 2009 when an investigative report in The New Yorker, drawing upon arson investigation experts and advances in fire science, purported to demonstrate that, contrary to the claims of the prosecution, there was no evidence that the house fire was intentionally set, and that the State of Texas executed an innocent man. An expert hired by the Texas Forensic Science Commission, the original claims of arson were not sustainable; the Corsicana Fire Department disputes the findings. The case is of huge interest because of Texas Governor Rick Perry's insistence that Texas has never executed an innocent man. Perry has been accused of replacing four of the nine members of the Texas Forensic Science Commission in order to keep the truth from coming out - an allegation which, not surprisingly, he vigourously denies.

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DOUGLAS PRADE: The Douglas Prade case is one of several cases we are following involving post conviction applications to have DNA tested. Prade, a former Akron police captain, was convicted in 1998 for the murder of his ex-wife, Akron family physician Margo Prade, 41. His case was sent back to Summit County in a May 4 decision by the Ohio Supreme Court. The high court ruling means Hunter that the lower court will decide whether new DNA testing of forensic evidence from Prade's trial could detect potentially exonerating clues that a previous DNA test could not. In December, 2009, Prade's attorney, David B. Alden, argued before the high court that DNA technology now can detect a small amount of male DNA, even if it is mixed in with vast amounts of female DNA. If another person's DNA is found inside the bite mark, Alden said, a reasonable conclusion would be that Douglas Prade was not the killer.

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KENNETH REED JR. (LOUISIANA) has also been seeking post-conviction DNA testing. Reed Jr., 39, contends DNA testing — which was not available in 1991 — would exonerate him in the aggravated rape of a 16-year-old girl. IN June, 2010, "A Louisiana Supreme Court ruling Friday cleared the way for the evidence in a convicted Baton Rouge rapist’s 1991 case to be subjected to DNA testing. We are following developments.

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CLAUDE JONES: (TEXAS); EFFORTS TO DETERMINE IF HE WAS WRONGLY EXECUTED; This Blog has been focusing on the topical issue of whether the an innocent man has ever been executed by an American state. As Texas Observer scribe Dave Mann has put it, "It’s never been proven—without a doubt—that a state executed an innocent person. DNA testing has exonerated nearly 20 death row inmates in the United States before they were executed. But there hasn’t yet been a case in which a person was put to death for a crime that DNA evidence would later prove conclusively that he or she didn’t commit." So we are pursuing the case of the late Claude Jones. On June 11, a state judge ordered East Texas prosecutors to hand over key evidence from a 1989 murder case to the Innocence Project and The Texas Observer for DNA testing. The analysis may prove for the first time that Texas executed an innocent man. Advanced DNA testing—which didn’t exist at the time of trial—could prove whether Dixon or Jones committed the shooting inside the store."

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WILLIAM MACUMBER: ARIZONA; In essence, Mr. Macumber has been in prison for 35 years, another man has confessed, the State Parole Board has recommended clemency, and the governor is holding fast. No clemency. We follow developments in the case.

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LARRY SWEARINGEN: TEXAS; Larry Swearingen was sentenced to death in 2000 for the murder of Melissa Trotter in 1998. Melissa Trotter went missing on 8 December 1998. Larry Swearingen was arrested three days later, and has been incarcerated ever since. The body of Melissa Trotter was found in a forest on 2 January 1999. Larry Swearingen was tried for her murder, and sentenced to death. He maintains his innocence of the murder. Several forensic experts have provided statements and testimony that support his claim. One of these experts, Dr Joyce Carter, is the former Chief Medical Examiner of Harris County in Texas who performed the autopsy of Melissa Trotter and testified at Larry Swearingen’s trial that in her opinion, Melissa Trotter had died 25 days before her body was found. In an affidavit signed in 2007, Dr Carter stated that she had looked again at the case and changed her opinion. She concluded that Melissa Trotter’s body had been left in the forest within two weeks of it being found. If accurate, this would mean that the body was dumped at a time when Larry Swearingen was already in custody. Swearingen remains on death row. We follow hos battle for his life, his freedom and his exoneration.

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JUDGE SHARON KELLER; CALIFORNIA; WILL SHE REMAIN ON THE BENCH? It's not every day that the Chief Justice of a state Criminal Appeals Court gets into sizzling hot water. That's why we're interested in Sharon Keller, Chief Justice of the Texas Court of Criminal Appeals. Keller currently has complaints against her remain pending before both the State Commission on Judicial Conduct and the Texas Ethics Commission. After a five-hour hearing last month, the judicial commission left pending its decision on whether to discipline Keller. She faces five charges of judicial misconduct - including an allegation that she allowed a prisoner to be executed because his lawyer's request for a reprieve came after hours - and allegations of financial disclosure errors. The panel could remove her from the bench, censure her or take no action. Keller's lawyer charges that death penalty opponents were engaging in a calculated strategy to oust her from the court.

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JUDGE KEVIN FINE: TEXAS; Judge Fine caused an uproar when he issued a ruling in a capital murder case (the John Edward Green Jr. case) that was widely interpreted as saying that the death penalty in Texas was unconstitutional. All eyes - including ours - will be on the hearing he has scheduled to hold on November 8, 2010, to determine whether innocent people are at risk of being wrongly executed in Texas.

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ARSON JUNK SCIENCE CASES; It is possible that dozens of people have been convicted of the most serious crimes because courts allowed unscientific testimony by so-called arson experts - such as the junk-science testimony that led to the conviction and execution of Cameron Todd Willingham. We are following activity in both the criminal and civil courts. Cases visited thus far include: David Williams, Ed Graf, Curtis Severns and Ernest Willis.

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DOG-SCENT JUNK SCIENCE CASES; It is possible that dozens of people have been convicted of the most serious crimes because courts allowed testimony by "dog handlers" such as Keith Pikett and John Preston - and the junk-science upon which their so-called "expert" opinions are based. We are following activity in both the criminal and civil court and in the political arena where there is pressure on state governments to conduct probes of all of Pikett's and Preston's cases. Cases visited thus far include Richard Winfrey Jr., Bill Dillon, Calvin Lee Miller, Michael Buchanek, and Gary Bennett;

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BITE MARK JUNK SCIENCE CASES: We have also been into miscarriages of justice caused by so-called bite mark "expert evidence." Robert Lee Stinson is a case in point. He was convicted on the basis of the opinion of dental scientist L. Thomas Johnson but freed after four Innocence Project experts convinced the Court that Johnson's opinion lacked a scientific basis. We also looked at the role played by bite-mark "experts" Dr. Michael West, a dentist, and Dr. Steven Hayne, a state pathologist in the wrongful convictions of Levon Brooks and Kennedy Brewer. Bite mark "evidence" is at the heart of the Douglas Prade case noted above.

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NATIONAL ACADEMY OF SCIENCES REPORT ON FORENSIC SCIENCES IN U.S. LABS; The report, released in April, 1999, revealed disturbing deficiencies in many forensic fields - and that some of the forensic disciplines routinely embraced in the courts are neither financially sound or properly conducted. The report concluded that among the methods used, only DNA stood up to strict scrutiny. But what about fingerprint analysis, or ballistics or the study of bite marks or hair? None measured up, no matter what the drama on the CBS television show "CSI: Crime Scene Investigation. "Nuclear DNA analysis has been subjected to more scrutiny than any other forensic discipline, with extensive experimentation and validation performed prior to its use in investigations," said a statement that accompanied the report. "This is not the case with most other forensic science methods, which have evolved piecemeal in response to law enforcement needs, and which have never been strongly supported by federal research or closely scrutinized by the scientific community." Among its findings: While there is evidence that fingerprints are unique to each person, that uniqueness does not ensure two prints will not be confused; The accuracy of shoeprints or tire track analysis is impossible to assess; There is no evidence that microscopic hair analysis can match hair with a specific person — though it might rule in or rule out groups of people. Bite-mark matches offer no scientific studies for support. The knowledge base for firearms analysis is fairly limited. We are monitoring the aftermath of the report in a bid to determine what, if anything, has changed.

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TARNISHED MEDICAL EXAMINER: DR. PAUL SHRODE; THE AFTERMATH; The spotlight has been on Dr. Paul Shrode (OHIO) since Governor Ted Strickland commuted Richard Nield's death sentence to life without parole partly on the basis of Shrode's flawed forensic opinion at the death penalty hearing. We will be keeping eye on a promised review of other cases involving Shrode's opinions.

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TARNISHED MEDICAL EXAMINER: RONALD TOOLSIE; TENNESSEE; This Blog has been following the Mitchell Delashmitt and Gussie Van cases, both of which involving allegations that Toolsie's opinions were flawed. Mitchell Delashmitt was recently allowed to plead guilty to lesser offences after prosecutors were confronted with the fact that Toolsie's medical license had been suspended. In November, 2009, it was reported that the former Bradley County medical examiner defrauded a company to obtain several prescription drugs and then unlawfully distributed them, according to a court affidavit. Toolsie was arrested by the Tennessee Bureau of Investigation after his Oct. 28 indictment by a Hamilton County grand jury. He was charged with one count of unlawful distribution of a controlled substance, one count of failure to keep required records of controlled substances and one count of obtaining a controlled substance by fraud.

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TARNISHED MEDICAL EXAMINER: DAVID KOFOED; NEBRASKA; Kofoed, Douglas County's former chief crime scene investigator, was sentenced to between 20 months and 4 years in prison for tampering with evidence in a 2006 Cass County case in which two men were wrongly charged in a double murder. (Nicholas Sampson and Matthew Livers). Kofoed plans to appeal his conviction; The men spent several months in jail before they were cleared. Defence lawyers have called for a review of cases in which he was involved. One of these cases involves Ivan Henk, who was convicted of murdering his young son, whose body was never found. A judge has noted that in both cases there were confessions by the suspects and a lack of physical evidence to corroborate them until Kofoed found a speck of blood that had previously been overlooked. We follow the calls for a review and law suits launched by his victims.

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HOUSTON CRIME LAB; This lab has been called "the worst crime lab in the country. It has been found to be underfunded, understaffed, and border-line criminally incompetent. One commentator called it "everything people think when they think of Texas, science, and justice." We are following the re-opening of cases in which convictions may have been tainted because of sub-standard work and procedures.

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AUSTIN DNA LAB; We are following developments in light of allegations made by Cecily Hamilton, a former DNA analyst with the police department, in a Feb. 11 memo detailing a hostile work environment, retaliation among workers and DNA-testing quality concerns. If Hamilton's allegations are true, as many as 2000 criminal cases could be affected.

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SAN FRANCISCO CRIME LAB: We are following the aftermath of revelations that prosecutors withheld from defence lawyers information they could have used to attack the credibility of former lab technician Deborah Madden who is currently before the courts on drug related charges.

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DNA FAMILIAL ISSUE; (BLOOMBERG NEWS); We are following the case of "Lonnie David Franklin Jr. of Los Angeles (dubbed "the Grim Sleeper") who has been charged with multiple counts of murder as a result of a controversial software program using "family DNA". is a former L.A. police mechanic and city trash collector who was never a suspect in the case. In 2009 his son, Christopher, was convicted of a felony weapons charge. His DNA was taken and put into a database the state runs that searches for familial links. The software does not exist elsewhere. The prosecution of this alleged serial killer is fraught with privacy concerns;

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JOSEPH ABBITT; The crimes involved two sisters, age 13 and 15. Joseph Abbitt was convicted in 1995 of the crimes. He spent 14 years in prison before he was cleared last year with the help of DNA evidence. We follow efforts to find the real killer - through DNA analysis - and his application for a Pardon.

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NEWLY CREATED FLORIDA INNOCENCE COMMISSION; After months of planning and budgeting for an innocence commission to study issues surrounding wrongful convictions throughout Florida, Chief Justice Charles Canady of the state’s Supreme Court created the Florida Innocence Commission early in July, 2010. The 23-member panel comprised of attorneys, legislators, judges, prosecutors and law enforcement officials will present a report on criminal justice policy reform and preventing future injustices by June 2011 with final recommendations being presented the following year. Senate President-designate Mike Haridopolos appropriated $200,000 to cover the commission’s expenses earlier this year and the Florida Bar Foundation approved a $114,862 grant for the commission’s work. There have been 12 DNA exonerations from across Florida to date. We follow developments;

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NORTH CAROLINA INNOCENCE INQUIRY COMMISSION: : Seventeen years ago, Greg Taylor was wrongly convicted of the September, 1991 murder of Raleigh prostitute Jacquetta Thomas, 26, whose body was found dumped on South Blount Street in Raleigh. Taylor had exhausted his appeals, but the North Carolina Innocence Inquiry Commission reviewed the evidence against him last year and recommended the case to the three judge panel for further review. The commission is the only state-run agency in the country that investigates claims of innocence. Now the Commission has declared him innocent - the first time an inmate has been freed through the actions of the state's Innocence Inquiry Commission. We follow the new Comnmission's progress.

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ACLU (CALIFORNIA) DNA COLLECTION CASE; (JULY, 2010); During a court hearing a panel of the U.S. 9th Circuit Court of Appeals showed extraordinary interest in an ACLU lawsuit challenging the state's collection of DNA from people arrested, but not necessarily convicted, in felony cases. One judge said the court was struggling. We follow developments in the case.

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TEXAS OFFICE OF CAPITAL WRITS: (DIRECTOR BRAD LEVINSON); Texas lawmakers created the office in 2009 after a series of investigative reports and studies of the criminal justice system revealed serious problems with the quality of legal representation for indigent defendants on death row. Some of the lawyers whom judges had appointed to represent capital defendants had no death row experience, some had mental illness, some had abandoned their death row clients, and some of the lawyers chosen by judges were dead. So lawmakers created the Office of Capital Writs to provide better representation for people on death row who can't afford to pay their own lawyers to challenge their sentences." We follow developments;

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DOUGLAS PLUDE: Douglas J. Plude, 43, is scheduled to be retried Oct. 4. His conviction for first-degree intentional homicide was overturned two years ago by the Wisconsin Supreme Court because a key prosecution witness purporting to be an expert on injury mechanism analysis falsified his credentials. He is alleged to have poisoned his wife and drowned her in a toilet bowl. This case garnered international attention after the Associated Press ran a story by reporter Ryan Foley under the date-line Madison, Wis. ran yesterday under the heading "Toilet test contentious issue in Wis. slaying case. "If you are a female about 5 feet 8 inches tall, 140 pounds and willing to stick your head in a toilet, a northern Wisconsin prosecutor wants your help in proving a high-profile homicide case," the story began. "The Vilas County district attorney plans to recruit volunteers for a second round of controversial tests designed to prove that a woman was drowned by her husband in a toilet — and didn't commit suicide as he claims," it continued. "The experiments involve positioning women the size of the late Genell Plude of Land O' Lakes at a toilet to determine whether the version of events told by her husband, Douglas Plude, is plausible. Defense lawyers say it's junk science." We are following the case;

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DERRICK WILLIAMS: The Florida Innocence Project claims DNA tests prove that he is innocent. (Press conference held on July 27, 2010). he has been behind bars for 17 years. We will follow the case as pressure is brought on the Florida authorities for his release.

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MICHAEL ANTHONY GREEN: He was sentenced to 75 years in prison for the 1983 rape of a Houston woman based on faulty eyewitness identification. According to court records, a woman talking on a pay phone with her husband was abducted at gunpoint by two men at a Greenspoint-area gas station after midnight on April 18, 1983. They forced her in to a car with two other men. The men drove the victim to a secluded area where three of the men sexually assaulted her. The fourth man did not participate. He was to be released from prison in July, 2010, after DNA tests were finally conducted on exhibits in the District Court office all these years. We are following developments;

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AUSTRALIA;

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HENRY KEOGH: This Blog has devoted numerous posts to the conviction and incarceration of Henry Keogh in August 1995 for the murder of his fiancée, Anna Jane Cheney in the face of what Dr. Bob Moles, who has deeply investigated the case, has called "a combination of fraud, deceit and manifest error." Dr. Moles and his colleagues have launched one of the most thorough, intensive attacks on pathology evidence in a criminal case that I have ever seen - and have come up over the years with cogent new evidence destroying the prosecution's forensic case, which the government stubbornly refuses to examine; In addition to following Mr. Keogh's battle for exoneration and freedom, we have been monitoring his attempts to have the pathologists who gave the forensic opinions which led to his conviction - Drs. Colin Mannock and Ross James - held accountable by their governing professional body.

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FERAH JAMA: The ordeal suffered by Ferah Jama as a result of a DNA-mixup - jailed for a sexual assault which may never have occurred - has led to calls for a national Commission to investigate possible miscarriages of justice in Australia such as exists in the United Kingdom. We are keeping an eye on developments.

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GRAHAM STAFFORD: Having finally been freed after many years behind bars, Graham Stafford has been calling for an independent investigation to route out Leanne Holland's killer. Although the Queensland police recently searched the 12-year-old student's former family home for forensic clues into the 1991 murder, Stafford and others take the position that another police investigation on top of the original investigation which led to his wrongful conviction has little likelihood of success. We will be following developments.

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SHANE DAVIS: Shane Davis was convicted by a Supreme Court jury in Brisbane in November 1991 of the murder of South African tourist Michelle Joanne Cohn at a Surfers Paradise apartment block on Boxing Day in 1990. He was sentenced to life in prison, but has always maintained his innocence and has even refused the opportunity of parole several times during the past five years. After spending 20 years behind bars, Mr. Davis has won his battle to have the forensic evidence used to convict him retested using modern technology which was not available at the time of his arrest. Attorney-General Cameron Dick has revealed DNA used in the Davis trial would be retested and new material located in South Australian laboratories would be examined for the first time. It marks the first Queensland case of DNA innocence testing following a suspect's conviction. We will be following developments.

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JAPAN:

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MASURU OKINISHI: Doubts have been raised over the conviction of Masuru Okinishi who has been on death row since 1972. Okinishi, now 8n his mid-eighties was convicted of killing five women and injuring twelve others with poisoned wine. The doubts stem from the fact that the pesticide Okinishi confessed to using in his confession was not the one discovered in the wine. We follow developments as judges move the case towards a retrial - as well as reaction to numerous reports of false confessions obtained by police in contemporary Japan.

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TOSHIKAZU SAGAYA: Toshikazu Sugaya, 63, is a Japanese man who spent 17 years in jail for the murder of a four-year-old girl who was acquitted in March, 2010, at a retrial. He was released last year after fresh tests showed that evidence found at the murder scene did not match his DNA. Mr. Sugaya had admitted to the crime but later retracted his statement, saying it was made under duress. Judge Masanobu Sato said that Mr Sugaya had made a false confession after being subject to harsh police interrogation. The judge said that Mr Sugaya had not been told that he could consult with a lawyer or that he had the right to remain silent; "'I feel sorry as a judge that we did not listen to Mr Sugaya's truthful voice, and as a result, took away his freedom for 17 and a half years,'' he said. The Sugaya case has led to calls for safeguards to Japan's DNA system and curbs on police coercion. We continue to follow the situation as developments occur.

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UNITED KINGDOM;

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BENJAMIN GEEN: We are following this case because of its similarity between the Lucy (Lucia) de Berk case (Holland) and the tragic British Sally Clark case. Mr. Geen is a former nurse who was convicted of murdering 2 patients and injuring 15 others. His proponents argue that the Crown's central evidence - statistical evidence showing an unusual pattern of illnesses - was utterly flawed and without probative value.

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SINGAPORE;

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ALAN SHADRAKE: The 75-year-old free-lance British journalist was arrested by Singapore authorities in July, 2010, on charges of criminal defamation and contempt of court in connection with his new book, "Once a Jolly Hangman: Singapore Justice in the Dock," and then held overnight before being released. We follow developments;

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DR. AUBREY LEVIN: CALGARY PSYCHIATRIST ALLEGED TO HAVE SEXUALLY ASSAULTED PATIENTS DURING COURT-ORDERED VISITS ON PEOPLE AWAITING SENTENCING;

"Alberta Justice has been reviewing all criminal cases in which Dr. Levin offered testimony to ensure there were no miscarriages of justice.

Spokesman David Dear said the work in 17 cases in which Dr. Levin was currently involved has been redone by other psychiatrists. The department is currently reviewing 21 other cases which had been finished.

Mr. Dear said that Dr. Levin most commonly gave expert testimony to help the court make decisions on sentencing for people who had already been convicted."

THE CANADIAN PRESS;

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"A Calgary psychiatrist who has frequently testified in court now faces 21 sexual assault charges involving patients, some allegedly during court-ordered visits,"
the Canadian Press story published on July 30, 2010 begins, under the heading, "Calgary psychiatrist faces 21 sex assault charges involving patients: New charges come after arrest of doctor who frequently testified in court."

"Dr. Aubrey Levin, 71, was first arrested and charged March 23 after allegations that a 36-year-old patient was repeatedly sexually assaulted," the story continues.

"Calgary Police said that following that charge, “the sex crimes unit was approached by numerous people alleging they, too, were sexually assaulted by Levin during counselling sessions or court-ordered visits.”

“These assaults allegedly occurred at Levin's Peter Lougheed (hospital) office or examination rooms.”

Dr. Levin has now been charged with 20 additional counts of sexual assault involving 20 other patients.

Alberta Justice has been reviewing all criminal cases in which Dr. Levin offered testimony to ensure there were no miscarriages of justice.

Spokesman David Dear said the work in 17 cases in which Dr. Levin was currently involved has been redone by other psychiatrists. The department is currently reviewing 21 other cases which had been finished.

Mr. Dear said that Dr. Levin most commonly gave expert testimony to help the court make decisions on sentencing for people who had already been convicted.

Dr. Levin's licence to practise medicine was temporarily suspended by the College of Physicians and Surgeons when the original charge was laid, said spokeswoman Kelly Eby.

She couldn't confirm whether any patients had registered complaints against the doctor, saying those would be confidential unless there were a disciplinary hearing.

Dr. Levin earned his degree in 1963 in South Africa and was a military psychiatrist in that country before moving to Canada.

He served briefly as regional director of the federal Psychiatric Centre Saskatoon as an employee of Correctional Service Canada and has been a licensed psychiatrist in Alberta since 1998."

The story can be found at:

http://www.theglobeandmail.com/news/national/prairies/calgary-psychiatrist-faces-21-sex-assault-charges-involving-patients/article1657274/

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: WONDERFUL POST ON AMNESTY INTERNATIONAL SITE; "THE DISTINCTIVE VOCABULARY OF A NEW YORK LAWYER."


"Mr. Bradley just can’t understand why New York lawyers (and Dallas reporters who sound like them) are so obsessed with the quality of arson investigations that have been used to convict hundreds of Texans, and may have sent one wrongly to his death."

BRIAN EVANS: HUMAN RIGHTS NOW; THE AMNESTY INTERNATIONAL U.S.A. BLOG;

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BACKGROUND: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses found him suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire."

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"Back when I lived in Texas there was an TV ad (it may have run nationally) for a certain picante sauce made in San Antonio," the post on the Amnesty International U.S.A., blog published earlier today under the heading, "The Distinctive Vocabulary of a New York Lawyer," begins.

"In the ad, a cook for a bunch of cowboys sitting around a campfire makes the mistake of using a picante sauce made in … New York City! The last line of dialogue is, “Get a rope!” Ha ha ha. You used a New York hot sauce, therefore we will kill you,"
the post continues.



The new Chairman of the Texas Forensics Science Commission demonstrated much the same mentality when he dismissed attention on the case of Cameron Willingham (executed in 2004 despite a severely flawed arson investigation) as a political tactic cooked up by “New York lawyers.”

"Today, it was revealed that he used the same label for a Dallas Morning News reporter who dared to submit to him a list of questions about the Commission’s handling of the Willingham affair. “The questions have the distinctive vocabulary of a New York lawyer,” Mr. Bradley wrote before refusing to provide any answers.

Mr. Bradley just can’t understand why New York lawyers (and Dallas reporters who sound like them) are so obsessed with the quality of arson investigations that have been used to convict hundreds of Texans, and may have sent one wrongly to his death.


This wonderful post can be found at:

http://blog.amnestyusa.org/deathpenalty/the-distinctive-vocabulary-of-a-new-york-lawyer/

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

JUDGE SHARON KELLER; MOVES TO VOID "PUBLIC WARNING" AS GROSS ABUSE OF DISCRETION." THE STATESMAN;


"The State Commission on Judicial Conduct issued a “public warning” to Keller on July 16, saying she failed to properly perform her duties when she closed the Court of Criminal Appeals clerk’s office at 5 p.m. despite knowing that defense lawyers wanted to file an appeal in a pending execution in September 2007.

But in a Supreme Court petition filed Thursday, Keller argued that the commission acted in a “lawless” manner because the Texas Constitution forbids it to issue such a warning.

“The order violates the constitution and is void. At the very least, it is a gross abuse of discretion,” wrote Keller lawyer Chip Babcock."

REPORTER CHUCK LINDELL: THE STATESMAN; (Wikipedia informs us that, "The Austin American-Statesman is the major daily newspaper for Austin, the capital city of Texas.")

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BACKGROUND: Justice Sharon Keller has attained notoriety for allegations that she allowed convicted murderer and rapist Michael Richard to be executed on September 25, 2007 - notwithstanding his attempt to file a stay of execution - because the court clerk's office closes at 5. Keller is of particular interest blog because of the opinion she wrote for the majority in the Roy Criner case. Wikipedia informs us that: "Sharon Faye Keller (born in Dallas, Texas, 1953) is the Presiding Judge of the Texas Court of Criminal Appeals, which is the highest court for all criminal matters in the State of Texas. Because of her position, she has been involved in many high-profile and controversial cases, and has thus received widespread news coverage......In 1998, Keller she wrote the majority opinion in a 5-3 (one judge abstaining) decision that denied a new trial to Roy Criner. Criner had been convicted of sexual assault in 1990, but newly-available DNA testing had shown that the semen found in the victim was not his......Judge Tom Price, who ran for the Chief Judge seat, in a primary election, said that Keller's Criner opinion had made the court a "national laughingstock." Judge Mansfield, who had sided with the majority in denying Criner a hearing, told the Chicago Tribune that, after watching the Frontline documentary, reviewing briefs and considering the case at some length, he voted "the wrong way" and would change his vote if he could. "Judges, like anyone else, can make mistakes ... I hope I get a chance to fix it." He stated that he hoped Criner's lawyers filed a new appeal as he felt Criner deserved a get a new trial......Following the (appeal court's) refusal to order a new trial, the cigarette butt found at the scene (and not adduced at trial) was subjected to DNA testing.The DNA on the cigarette was not a match for Criner, but it was a match for the semen found in Ogg. Ogg's DNA was also found on the cigarette, indicating that she shared a cigarette with the person who had sex with her (and who presumably killed her). These results convinced the district attorney, local sheriff and the trial judge that Criner was not guilty. The Texas Board of Pardons and Paroles recommended he be pardoned and, citing "credible new evidence [that] raises substantial doubt about [Criner's] guilt," then-Governor George W. Bush pardoned him in 2000.

The thorough, unabridged Wikipedia article on Keller can be found at:

http://en.wikipedia.org/wiki/Sharon_Keller

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"Claiming she was improperly reprimanded for her role in a botched execution-day appeal, Judge Sharon Keller asked the Texas Supreme Court on Thursday to throw out the rebuke and order that all allegations against her be dismissed,"
the story by reporter Chuck Lindell, published earlier today in the Statesman begins, under the heading "Keller asks Supreme Court to void rebuke."

"The State Commission on Judicial Conduct issued a “public warning” to Keller on July 16, saying she failed to properly perform her duties when she closed the Court of Criminal Appeals clerk’s office at 5 p.m. despite knowing that defense lawyers wanted to file an appeal in a pending execution in September 2007," the story continues.

"But in a Supreme Court petition filed Thursday, Keller argued that the commission acted in a “lawless” manner because the Texas Constitution forbids it to issue such a warning.

“The order violates the constitution and is void. At the very least, it is a gross abuse of discretion,” wrote Keller lawyer Chip Babcock.

Babcock asked the court to issue a writ of mandamus ordering the commission to expunge the warning from all records and to drop its charges against Keller. “The (commission) should not be given rein to wreak additional mischief,” he wrote."

The story can be found at:

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/investigative/entries/2010/07/29/keller_asks_supreme_court_to_v.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: DALLAS MORNING NEWS ASKS SOME TOUGH, PERECEPTIVE QUESTIONS TO CHAIRMAN BRADLEY AND RECEIVES AN INSULTING NO COMMENT;


" 2. Draft recommendations to the Texas Forensic Science Commission appear to have reached a foregone conclusion of no negligence by arson investigators in the Willingham case. Will the final report go beyond this finding?

3. The law says the commission's final report on a negligence case must address "corrective action required by the laboratory, facility or entity" involved. Is the commission obligated to assess whether the State Fire Marshal's Office has upgraded standards?

4. The recommendations clear Willingham investigators of negligence because they used forensic techniques accepted at the time. Yet the commission's paid expert said investigators didn't meet even that standard. How do you square the two?

5. Experts say hundreds of arson defendants have been convicted based on similarly outmoded standards. How should the commission or state fire marshal address that claim?...

"Finally, I should plead guilty to Mr. Bradley's complaint about my questions. They weren't meant to be nice. Accusatory, yes. But that's my role, and this Willingham business isn't about niceties.""

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BACKGROUND: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses found him suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire."

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"Our newspaper has a Sunday feature in the Points section called Point Person. It's a question-and-answer session with a person in the news or a person with an interesting perspective on life or current events," Dallas Morning News Editorial Writer Rodger Jones writes in a column published earlier today under the heading, "Q&A rejected by John Bradley."

"This week my bosses asked me if I'd see about doing the Q&A with Williamson County District Attorney John Bradley, who chairs the Texas Forensic Science Commission. The subject would be the commission's handling of the Cameron Todd Willingham case,"
the column continues.

"Bottom line: no dice.

I'm appending below 1) the questions I sent along, 2) Mr. Bradley's response, 3) my response to his response.

The questions:

1. Your handling of the Cameron Todd Willingham case has been faulted as heavy-handed and politically motivated. What do you say to your critics?

2. Draft recommendations to the Texas Forensic Science Commission appear to have reached a foregone conclusion of no negligence by arson investigators in the Willingham case. Will the final report go beyond this finding?

3. The law says the commission's final report on a negligence case must address "corrective action required by the laboratory, facility or entity" involved. Is the commission obligated to assess whether the State Fire Marshal's Office has upgraded standards?

4. The recommendations clear Willingham investigators of negligence because they used forensic techniques accepted at the time. Yet the commission's paid expert said investigators didn't meet even that standard. How do you square the two?

5. Experts say hundreds of arson defendants have been convicted based on similarly outmoded standards. How should the commission or state fire marshal address that claim?

6. Why did the committee of four commissioners working on the Willingham case meet in private? Shouldn't the public be aware of factors that members weighed in recommending no negligence?

7. Will the committee draft the final report in public?

8. What is your opinion of the role of Barry Scheck and the Innocence Project of New York in the Willingham case?

Bradley's reponse, via email, to the questions and interview request:

The questions have the distinctive vocabulary of a New York lawyer, filled with the sort of leading statements that would cause any Texas judge to sustain an objection on the grounds of "leading" and "propaganda". Regardless, the Forensic Science Commission has unanimously adopted policies and procedures that state, "FSC members and employees shall avoid discussing the details of pending matters with the media, except upon final disposition of those matters."

My response to Mr. Bradley, though his commission office:

Please let him know that I am neither a lawyer nor from New York. I neither sought nor got help from Barry Scheck's group in formulating my questions. I asked a question specifically about Scheck because my boss wanted me to.

My interest in bill language is not confined to criminal justice issues. I try to read the fine print so I can minimize the number of really dumb or naive questions I ask.

I realize the commission intends to confine its attention to "accredited," DPS-recognized facilities and entities that do forensic work. I read the memo. My questions about a more expansive role stem from 1) statements from lawmakers who support a more expansive interpretation, and 2) the fact that the commission undertook the Willingham case, which involves no DPS-accredited lab.

Again, thank you for your time.

The memo in question was released two weeks ago by commission staff and has to do with limits on its jurisdiction. It suggests that the law that created the commission gave it limited authority.

Still, the commission's own draft recommendations last week conceded that they are in new territory in the Willingham case and should carry forth and finish the job, as it were:

While the panel recognizes that jurisdictional problems remain to be resolved, they also recognize that the FSC has previously voted to accept the complaint and conducted an investigation through a paid consultant. In addition, the panel recognizes there is great public interest in the case. So, while the jurisdictional issues (See 7.12.2010 Memorandum on the Jurisdiction of the FSC) need to be addressed and applied more clearly in future cases, the panel nonetheless makes the following recommendations for disposition of the complaint:

Relying upon the consultant's report as to the standard of practice in existence at the time of the arson investigation and trial, the panel unanimously believes that the arson experts did not commit professional negligence or misconduct. The expert simply applied the standard of practice as it existed at the time of the investigation and trial (See Beyler Report Pg. 1). We do recognize that a new standard of practice has since evolved and been adopted for application in Texas. However, that standard was not yet adopted for practice at the time of the arson investigation and trial.

So my questions remain, I think, pertinent ones. If the commission has undertaken the Willingham case, should it not finish the job in as complete and comprehensive a manner as possible?

If my questions were dumb despite my best efforts, I'd love to know.

Finally, I should plead guilty to Mr. Bradley's complaint about my questions. They weren't meant to be nice. Accusatory, yes. But that's my role, and this Willingham business isn't about niceties."


The article can be found at:

http://deathpenaltyblog.dallasnews.com/archives/2010/07/qa-rejected-by-john-bradley.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Thursday, July 29, 2010

ALAN SHADRAKE: TRIAL ADJOURNED; SINGAPORE'S ATTORNEY-GENERAL HAD ASKED BRITISH AUTHOR TO TENDER AN APOLOGY BY JULY 29.



"The trial of Alan Shadrake, the British author charged for contempt of court over his book on Singapore’s death penalty challenging the integrity and independence of the city’s judiciary, was adjourned today.

Justice Quentin Loh gave M. Ravi, Shadrake’s lawyer, two weeks to file an affidavit. Ravi had asked for a month’s adjournment to file a defense of “fair criticism and fair comment.” Ravi said he needs to consult with various government bodies and other parties about their views and Shadrake’s medical conditions."

REPORTER ANDREA TAN: BLOOMBERG;

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BACKGROUND: The 75-year-old free-lance British journalist was arrested by Singapore authorities in July, 2010, on criminal charges in connection with his new book, "Once a Jolly Hangman: Singapore Justice in the Dock," and then held overnight before being released.

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"The trial of Alan Shadrake, the British author charged for contempt of court over his book on Singapore’s death penalty challenging the integrity and independence of the city’s judiciary, was adjourned today," the story by reporter Andrea Tan published earlier today by Bloomberg under the heading, "Singapore Court Adjourns U.K. Author's Trial Over Book About Death Penalty," begins.

"Justice Quentin Loh gave M. Ravi, Shadrake’s lawyer, two weeks to file an affidavit. Ravi had asked for a month’s adjournment to file a defense of “fair criticism and fair comment.” Ravi said he needs to consult with various government bodies and other parties about their views and Shadrake’s medical conditions," the story continues.

"The proceedings are for “the making and publication of statements attacking the independence” of the Singapore judiciary, David Chong, chief counsel of the Attorney-General’s civil division, said at the hearing in Singapore’s High Court.

"Shadrake, 75, is also being investigated for criminal defamation by Singapore authorities. His book “Once a Jolly Hangman: Singapore’s Justice in the Dock,” suggests that the government “succumbs to political and economic pressures” in meting out the death penalty, the Attorney-General’s Chambers said in court papers.

The book also “insinuates that the Singapore judiciary is a tool of the People’s Action Party to muzzle political dissent” through the award of “heavy damages in defamation actions brought without legal basis,” the Attorney General’s office said in the court papers. The book contains comments that imply the Singapore judiciary was “guilty of impropriety” by being “biased particularly against the weak, poor or less educated,” according to the papers.

‘Severe Stress’

Shadrake, who suffers from a heart condition and hypertension, has been “put to severe stress,” because of the trial and criminal defamation investigation, Ravi said.

The Attorney-General’s office sent Shadrake a letter asking the author to apologize by July 29, Ravi said yesterday. “They said that this would go towards mitigating his offense,” the lawyer said. Shadrake is seeking expert legal advice on the contents of the letter, Ravi said.

Shadrake can “tender an unreserved apology in unqualified terms,” Chong said in court today. “Justification is no defense” for contempt of court, Chong said.

‘Silence Critics’

“Singapore uses criminal defamation laws to silence critics of government policies,” Amnesty International’s Asia Pacific Deputy Director Donna Guest said. “If Singapore aspires to be a global media city, it needs to respect global human rights standards for freedom of expression.”

The Singapore police have said that Shadrake’s anti-death penalty views are not the issue in its investigations. The city- state, which has one of the world’s lowest crime rates according to the United Nations Office on Drugs and Crimes, imposes a death penalty for offenses including murder and drug trafficking.

“It is his violation of the laws of Singapore which are,” the police said. “Those who disagree with our position have presented their arguments and as a matter of principle, we respect their right to hold such opposing views, as we hope they do ours.”

Singapore in 2008 expanded the scope of free speech including allowing outdoor public demonstrations without police permits at designated areas and eased restrictions on political films. Prime Minister Lee Hsien Loong said in August 2008 the moves were to “liberalize our society, widen the space for expression and participation.”

‘Racial Harmony’

“One incident could undermine our racial harmony and confidence in Singapore, but we have to move away from this total ban and find ways to allow people to let off steam a little bit more, but safely,” Lee said then.

Article 14 of Singapore’s Constitution allows freedom of speech, assembly and association. Still, the constitution provides exceptions to the freedoms if the exercise of those rights affects the security of the city state, relations with other countries, contempt of court and public order.

Contempt of court carries a jail sentence, a fine, or both. No maximum penalty has been specified under Singapore’s constitution, according to the Attorney General’s office.

In March 2009, Singapore’s High Court fined a senior Wall Street Journal editor S$10,000 ($7,300) for the publication of three articles that the city-state’s government said showed contempt of its judiciary. Three activists were sentenced to between seven and 15 days in prison for wearing t-shirts with pictures of a kangaroo dressed as a judge in another contempt of court lawsuit.

The case is Attorney-General vs Alan Shadrake OS720/2010 in the Singapore High Court."


The story can be found at:

http://www.bloomberg.com/news/2010-07-30/singapore-court-adjourns-u-k-author-s-trial-over-book-about-death-penalty.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

MICHAEL ANTHONY GREEN; VERY SAD; EXONERATED MAN IN PRISON 27 YEARS KEPT BEHIND BARS ANOTHER DAY AFTER OUTBURST IN CELL;


"Green was expected to be granted a personal recognizance bond by visiting state District Judge Mike Wilkinson Thursday morning. He was not brought into the courtroom, but loud shouting could be heard from behind the door to the court's holdover cell.

Wicoff said the shouting was Green.

"This has been a gross perversion of justice and he's a smart guy and he knows it," Wicoff said. "He's angry."

The release was the next step in proceedings to declare Green actually innocent of a 1983 sexual assault.

Green's family members who spoke as they walked from the courtroom said Green should have been immediately released regardless of his behavior.

"He's been in jail too long already," said a woman who identified herself as a relative and did not give her name as reporters swarmed her as she walked to the elevators in the Harris County Criminal Courthouse."

REPORTER BRIAN ROGERS: HOUSTON CHRONICLE;

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BACKGROUND; Green was sentenced to 75 years in prison for the 1983 rape of a Houston woman based on faulty eyewitness identification. According to court records, a woman talking on a pay phone with her husband was abducted at gunpoint by two men at a Greenspoint-area gas station after midnight on April 18, 1983. They forced her in to a car with two other men. The men drove the victim to a secluded area where three of the men sexually assaulted her. The fourth man did not participate. He was to be released from prison in July, 2010, after DNA tests were finally conducted on exhibits in the District Court office all these years.

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"A Houston man expected to be freed on Thursday after being imprisoned 27 years for a rape he did not commit will have to wait one more day after reacting "emotionally" to the reality of his release this morning,"
the story by reporter Brian Rogers published in the Houston Chronicle begins, under the heading, "Innocent prisoner's outburst delays release."

"Bob Wicoff, an attorney for Michael Anthony Green, said his client was angry and would need another day to compose himself before having bail set while the Texas Court of Criminal Appeal rules on his actual innocence,"
the story continues.

""He was upset," Wicoff said. "Hopefully he'll be fine tomorrow."

Green was expected to be granted a personal recognizance bond by visiting state District Judge Mike Wilkinson Thursday morning. He was not brought into the courtroom, but loud shouting could be heard from behind the door to the court's holdover cell.

Wicoff said the shouting was Green.

"This has been a gross perversion of justice and he's a smart guy and he knows it," Wicoff said. "He's angry."

The release was the next step in proceedings to declare Green actually innocent of a 1983 sexual assault.

Green's family members who spoke as they walked from the courtroom said Green should have been immediately released regardless of his behavior.

"He's been in jail too long already," said a woman who identified herself as a relative and did not give her name as reporters swarmed her as she walked to the elevators in the Harris County Criminal Courthouse."

The story can be found at:

http://www.chron.com/disp/story.mpl/metropolitan/7130279.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;