"A forensic dentist inexplicably determined that Stinson's bite matched those on the victim. The testimony ignored the fact that Stinson was missing a tooth where the bite marks indicated a tooth should have been, and he had an intact one where the perpetrator didn't.
The Innocence Project, which works to clear wrongly convicted inmates, convinced a judge to overturn Stinson's conviction in 2008. The group raised questions about the bite-mark testimony and provided new tests showing DNA from saliva on the victim's sweater didn't match Stinson's."
REPORTER DINESH RAMDE: THE ASSOCIATED PRESS;
(SEE INNOCENCE PROJECT POST BELOW FOR MORE BACKGROUND);
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BACKGROUND: Robert Lee Stinson was convicted of the 1985 murder of a Milwaukee woman. Stinson's conviction rested almost exclusively on bite-mark identification purporting to match Stinson's teeth to bite patterns found on the victim's body. (Dr. L Thomas Johnson, a Wisconsin bite mark analyst, testified at Stinson’s trial for a 1984 murder that bite marks on the victim’s body matched Stinson’s teeth.) In 2005, the Wisconsin Innocence Project accepted Sinton's case and developed two kinds of new evidence. First, DNA testing revealed male DNA in saliva on the victim's sweater, and this DNA excluded Stinson. Second, working with California forensic science expert Christopoher Plourd, WIP arranged for the bite-marks to be re-examined by a panel of four nationally-recognized experts, Dr. Gregory Golden, Dr. David Senn, Dr. Norman Sperber, and Dr. Denise Murmann. Using modern methods, the panel unanimously concluded that Stinson's teeth could not have inflicted the bites. The Milwaukee County District Attorney's Office did not oppose Stinson's motion to reverse his conviction, and he was freed. Bite-mark identification has been implicated in numerous other wrongful convictions around the country.
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"MILWAUKEE (AP) -- A Milwaukee man who spent 23 years in prison for a homicide he didn't commit will receive $25,000 in compensation from the Wisconsin Claims Board, his attorney said Tuesday," the Associated Press story by reporter Dinesh Ramde published on December 29, 2010 begins.
"The board also will ask the state Legislature to approve another $90,000 for Robert Lee Stinson," the story continues.
""We're very happy," said Stinson's attorney, Heather Lewis Donnell. "This is the best that could have happened given the board's authority."
Stinson asked the Claims Board this month for $115,000, or $5,000 for every year he spent behind bars. State law allows for a maximum of $5,000 per year up to $25,000 but the board can choose to ask the Legislature for more.
The three-person board, which voted unanimously in Stinson's favor, said it didn't think $25,000 was adequate in this case.
Stinson, 46, said he hasn't been able to find work and the money will be his first income in the nearly two years since he was released from prison.
"I'm very grateful we got this outcome," he said Tuesday. "This $25,000 is the first step toward readjusting toward society."
He said he plans to use the money for a vehicle and tuition. He starts a criminal-justice program Monday and said he hopes to use what he learns to prevent other innocent people from going to jail.
Stimson said he wasn't concerned about going back to school at his age.
"School is a place where you get an education," he said. "I don't think anyone of any age should be embarrassed about going to school."
Donnell said it wasn't clear how long it would take for the Legislature to take up the Claims Board's request.
Stinson was 21 when he was convicted in the 1984 slaying of a 63-year-old Milwaukee woman. Her nearly naked body was found bloody, beaten and covered in human bite marks.
Police canvassing the area the next morning arrested Stinson because they said he couldn't adequately explain his whereabouts the night before.
A forensic dentist inexplicably determined that Stinson's bite matched those on the victim. The testimony ignored the fact that Stinson was missing a tooth where the bite marks indicated a tooth should have been, and he had an intact one where the perpetrator didn't.
The Innocence Project, which works to clear wrongly convicted inmates, convinced a judge to overturn Stinson's conviction in 2008. The group raised questions about the bite-mark testimony and provided new tests showing DNA from saliva on the victim's sweater didn't match Stinson's.
Stinson, who always maintained his innocence, said he was angry for years about his conviction.
"You become very angry but you don't want to react because if you do there would be consequences," he told AP earlier this month. "You don't want to jeopardize the opportunity of getting out. So it's just something you have to endure."
His family's unwavering support helped him maintain his sanity. He also learned to let go of his anger rather than let it consume him. Bitterness, he said, only gets in the way of enjoying life.
He has struggled to adjust to life as a free man. He had trouble being in crowds. He suffered through an early spell of nightmares. And even though he applied for every janitorial and kitchen job he could find, he wasn't offered a single interview.
His childhood sweetheart helped him get past the early challenges, he said. She contacted him soon after his release, and they rekindled their romance. They're now engaged.
Stinson said he hoped legislators would approve the additional $90,000, noting that $115,000 isn't enough to compensate a man for losing his youth behind bars but it would help him rebuild his life.
Would he use any of the compensation for a party? Stinson paused.
"I have to see about that. The major things come first, like a car and tuition," he said Tuesday.
A honeymoon? He laughed softly.
"I may try to fit that in," he said. "I want to keep that a secret.""
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The story can be found at:
http://www.msnbc.msn.com/id/40839080/ns/local_news-milwaukee_wi/
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MORE BACKGROUND: JULY 28, 2009 POST ON "INNOCENCE BLOG" FOLLOWING DROPPING OF CHARGES:
"Milwaukee prosecutors announced Monday that they will not seek a new trial in the case of Robert Lee Stinson, who served more than 23 years in prison for a murder DNA proves he didn’t commit. The University of Wisconsin Innocence Project began working on Stinson’s case in 2005 and obtained the DNA testing that proved his innocence. He was released in January, but Monday’s announcement makes his exoneration official.
Stinson was convicted and sentenced to life in prison for the murder of a 62-year-old woman in Milwaukee. His conviction was based, in part, on the testimony of two forensic bite mark analysts, who said bite marks on the victim’s body matched Stinson’s teeth. One of the experts testified at his trial that the bite marks "had to have been made by teeth identical" to Stinson's and that there was "no margin for error in this." The other called the bite mark evidence "overwhelming" and said "there was no question there was a match."
DNA testing conducted in the case at the request of the Wisconsin Innocence Project found a male DNA profile in areas of the victim’s sweater that had tested positive for saliva. The profile did not match Stinson, proving another person bit the victim.
After the charges were dismissed during a brief court hearing Monday, Assistant District Attorney Norman Gahn said it was the age of the case - which led to destroyed evidence, "faded memories" of witnesses and other problems - that led prosecutors not to retry Stinson.
Stinson is the 241st person exonerated by DNA testing in the United States and the fifth in Wisconsin."
http://www.innocenceproject.org/Content/Charges_Dropped_in_Wisconsin_Case.php
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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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
