Sunday, March 6, 2011

SHAKEN-BABY SYNDROME (PART 6); ARIZONA JUSTICE PROJECT AND NINE INNOCENCE CLINICS ASK NATIONAL ACADEMY OF SCIENCES TO CONDUCT AN "OBJECTIVE" REVIEW;

"Since this is an area in which emotions run high, there is a pressing need for an objective review by the National Academy of Sciences. We hope that the medical profession, courts, prosecutors, defense lawyers and child-protective services will join us in requesting this review and in developing a rational evidence-based approach to these issues."

HEATHER KIRKWOOD; LETTER TO NEW YORK TIMES ON BEHALF OF THE ARIZONA JUSTICE PROJECT AND NINE U.S. INNOCENCE CLINICS;

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PUBLISHER'S NOTE: The Goudge Inquiry into Ontario's forensic pediatric pathology system is relevant to the call by the Arizona Justice Project and several U.S. Innocence clinics for a review of shaken-baby syndrome cases by the U.S. national Academy of Sciences. The Ontario government accepted Justice Stephen Goudge's September 30, 2008 recommendation that the province set up a committee to investigate 142 child deaths dating back to 1986 to determine if wrongful convictions resulted from what is now viewed as questionable science. An international panel of leading medical experts would review the most contentious cases. The Committee has yet to report the results of this probe.

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The call for an objective review of Shaken-Baby Syndrome is made in a letter by Heather Kirkwood to the New York Times which followed publication of an article by Emily Bazelon. This article appeared on this blog on March 1, 2011, at the following site:

http://smithforensic.blogspot.com/2011/03/shaken-baby-syndrome-part-1-shaken-baby.html


"Shaken-baby theory is in a state of flux: previous “truths” are now known to be untrue or unproved, and new “truths” arise on a regular basis,"
the letter begins.

"Biomechanical modeling and the absence of neck injury or grip marks cast doubt on the “shaking” mechanism and may disprove it entirely," it continues.

"In light of these changes, innocence clinics at many law schools are beginning to review past convictions and, in some cases, to seek exoneration.

Child-abuse texts make clear that the findings previously viewed as the “three telltale signs” of shaken-baby syndrome — subdural hemorrhage, retinal hemorrhage and brain swelling — may also be caused by prenatal conditions, birth trauma, accidental injuries, infection, genetic abnormalities, metabolic disease, clotting disorders (including stroke) or nutritional deficiencies. Confirmed accidental causes include falls from a short height — including from a highchair and a plastic indoor play structure. At least two of the cases cited in the article involve childhood stroke (including Julie Baumer’s case, on which I worked), which peaks in the first month and continues through childhood. If a premature diagnosis of abuse is made, the stroke may be missed, the wrong treatment provided and grieving parents or caretakers imprisoned, sometimes for life.

Since this is an area in which emotions run high, there is a pressing need for an objective review by the National Academy of Sciences. We hope that the medical profession, courts, prosecutors, defense lawyers and child-protective services will join us in requesting this review and in developing a rational evidence-based approach to these issues."


The letter can be found at:

http://www.nytimes.com/2011/02/20/magazine/20Letters-t-SHAKEN_LETTERS.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://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

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