Friday, September 30, 2011

AMANDA KNOX; APPEAL; FRIDAY SEPTEMBER 30, 2011; FINAL PLEAS BY BOTH SIDES; THE INDEPENDENT;




"Manuela Comodi, for the prosecution, repeated her assertion of earlier in the week: "They killed. Perhaps for nothing, but they killed." She argued that the lack of a discernible motive actually made the crime much worse. "They are young but so was Meredith," she said. "They deserve the severest sentence – which, fortunately [for them], this being Italy, is not death."
The defendants' supporters point to the evidence of court-appointed experts, who have declared themselves unconvinced by forensic evidence in the case.

They also say that witnesses have been discredited, that neither Knox nor Sollecito has any history of crime or violence, and that, as Ms Comodi accepted, there was no motive."

REPORTER PETER POPHAM; THE INDEPENDENT;
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"Speaking for the defence team at the Meredith Kercher murder appeal yesterday, lawyer Donatella Donati described the case as "delicate and particular". As one of the journalists in court remarked, it was the understatement of the year," the story by reporter Peter Popham published earlier today under the heading, "Knox appeal reaches climax with final pleas on both sides," begins.

"What the whole world knows as "the Amanda Knox case" is in its last days in Perugia, where it has become the biggest legal circus in memory, and for its hotels, bars and restaurants a potent addition to the city's regular chocolate and jazz festivals. Nearly 400 journalists have been accredited for the case, and they pack out the press seats and anteroom reserved for them," the story continues.

"Their focus is Knox, 24, the student from Seattle who, as her lawyer told the court this week, has spent 1,000 nights in jail after being convicted with her boyfriend, Raffaele Sollecito, and a third man, Rudy Guede, of sexually assaulting and stabbing to death Knox's British room-mate Meredith Kercher, a Leeds University student, in November 2007. 

Knox and Sollecito are appealing against their convictions; Guede's conviction was upheld in 2009, and he is serving a reduced sentence of 16 years.

Yesterday, lawyers for both sides delivered closing speeches containing a baffling torrent of claims and counter-claims about witnesses' reliability, the nature and cause of the dead girl's wounds, the pain of her family and the elaborate and costly operation mounted by Knox's supporters. 

Donatella Donati, a lawyer for Sollecito, came close to alleging that the evidence that helped to convict her client – a clasp from Miss Kercher's bra that had been retrieved from the crime scene 47 days after the murder – may have been planted by police.

Manuela Comodi, for the prosecution, repeated her assertion of earlier in the week: "They killed. Perhaps for nothing, but they killed." She argued that the lack of a discernible motive actually made the crime much worse. "They are young but so was Meredith," she said. "They deserve the severest sentence – which, fortunately [for them], this being Italy, is not death."

The defendants' supporters point to the evidence of court-appointed experts, who have declared themselves unconvinced by forensic evidence in the case. 

They also say that witnesses have been discredited, that neither Knox nor Sollecito has any history of crime or violence, and that, as Ms Comodi accepted, there was no motive.

Prosecution lawyers have made an emotional appeal: they cite the pain of Ms Kercher's family, from Coulsdon, Surrey, who are eager to see the pair's convictions confirmed, and the injustice, as Giuliano Mignini, the chief prosecutor of Perugia, put it, of Knox and Sollecito allegedly "making a pact of steel to throw everything on to the black man ... The two kids from good families have their backs covered; it's Guede who must pay for all." 

Guede left many traces at the crime scene and is the only one of the three who admits he was present when Miss Kercher was killed. 

Mr Mignini, the instigator of the case against the two students, also told the jury that if Knox and Sollecito were absolved, there was a "risk of a flight abroad that could not be remedied. This is only the second of the three grades of justice in Italy. It is up to you to render justice."

In Italy a conviction is not deemed definitive until confirmed at the third grade, the Supreme Court."

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The story can be found at:

ttp://www.independent.co.uk/news/world/europe/knox-appeal-reaches-climax-with-final-pleas-on-both-sides-2364073.html
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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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

at

ASHLEY SMITH INQUEST; INQUEST SHUT DOWN; NEW INQUEST ORDERED BEFORE NEW JURY; NO DATE SET; POSTMEDIA NEWS;


"The inquest was supposed to resume earlier this month under Carlisle but it abruptly halted to hear the motion — which argued the inquest should be officially restarted and recall all evidence heard during the first three days of the proceedings.

To just resume would force the process to continue on "jurisdictional shaky ground, " the family's lawyer, Julian Falconer, said this month.

Also at issue in the motion are three rulings which were not delivered by Porter prior to her departure.

She was supposed to decide whether:

• Quebec videos showing the 19-year-old being drugged and restrained during a prison transfer be shown to a jury;

• Whether the faces of prison guards should be blurred in videos entered into evidence; and

• Whether lawyers are susceptible to a contempt charge if they share evidence with the public."

POSTMEDIA NEWS;


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BACKGROUND: Ashley Smith, 19, died in her prison cell at Grand Valley Institution near Kitchener, Ont., in October 2007 from self-strangulation. She had been transferred between federal institutions 17 times during her final 11 months, most of that time kept in segregation and often on suicide watch dressed in a highly restrictive gown. Jailed at age 13 for a crab apple-throwing incident in New Brunswick, Smith was eventually transferred to an adult facility after she kept getting into trouble behind bars by constantly kicking, grabbing and spitting at guards. Lawyer's for her family and the media had successfully attacked then presiding Coroner Dr. Bonita Porter's efforts to limit the scope and evidence to be called at the inquest. Dr. John Carlisle, who had been appointed by Chief Coroner Dr. Andrew McCallum to take over the inquest, has ordered a new inquest to proceed before a new jury. The inquest is of interest to this Blog because it relates to the openness of public death investigations - and the necessity to ensure that deaths warranting inquests get full scrutiny.

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"Ontario coroner Dr. John Carlisle has shut down the inquest into the prison death of New Brunswick teenager Ashley Smith, and ordered a new one started," the Postmedia story published earlier today under the heading "Ashley Smith media to begin again," begins.

"The ruling was sparked by a motion filed by the Smith family last month," the story continues.

"It argued Carlisle — who in June replaced Dr. Bonita Porter — should hear arguments in three legal challenges that were heard by Porter when the inquest began.

"I find that, while some time may be lost in starting a new inquest, it is not likely to be more than would be lost by attempting to carry on the old and may indeed be less," Carlisle wrote in his ruling, which was released Friday.

Smith was found dead in a segregated prison cell at the Grand Valley Institute in Kitchener, Ont., in October 2007. Prison guards watching over her were instructed not to intervene until she stopped breathing.

The controversial proceedings began last May under Porter and have often been delayed due to jurisdictional and legal challenges.

The inquest was supposed to resume earlier this month under Carlisle but it abruptly halted to hear the motion — which argued the inquest should be officially restarted and recall all evidence heard during the first three days of the proceedings.

To just resume would force the process to continue on "jurisdictional shaky ground, " the family's lawyer, Julian Falconer, said this month.

Also at issue in the motion are three rulings which were not delivered by Porter prior to her departure.

She was supposed to decide whether:

• Quebec videos showing the 19-year-old being drugged and restrained during a prison transfer be shown to a jury;

• Whether the faces of prison guards should be blurred in videos entered into evidence; and

• Whether lawyers are susceptible to a contempt charge if they share evidence with the public.

The inquest was set to examine the last 11 months of Smith's life, when she was transferred to 17 different federal facilities across the country due to bad behaviour, overcrowding and staff fatigue.

Smith was first incarcerated at age 15 for throwing crab apples at a postal worker. She remained behind bars after racking up hundreds of in-custody charges and spent almost all her time incarcerated in isolation until her death."

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The story can be found at:

http://www.canada.com/Ashley+Smith+inquest+begin+anew/5483175/story.html

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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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

at

ELIZABETH TORREY; BABYSITTER ACQUITTED IN NEW HAMPSHIRE "BABY-SHAKING" DEATH;






"The jury heard testimony from police officers, and doctors from Children’s Hospital Boston, who concluded Littlefield’s injuries were so severe they had to have been caused by abuse.

But Christie argued there was no evidence or eyewitness that showed Torrey did anything to Littlefield.

“She is a wonderful person and a good mother,” Christie said after the verdict. “This has been a difficult road for her.”"

UNION LEADER: FROM STORY ON THE BABYSITTER'S ACQUITTAL;
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"Christie argued that Littlefield fell in his crib just before being brought to Torrey’s home, and bumped his head weeks earlier during a swimming lesson with his mother.

Docko asked jurors to tap into their own experience of raising children to evaluate whether a bump on the head or common fall would cause such serious injuries on a baby.

“Children don’t fall and bump their head and wind up like Grady Littlefield,” Docko said.

Questions that jurors have about Littlefield’s diagnosis may come down to which experts they believe.

Doctors who examined Littlefield were contradicted by one hired by Torrey’s defense, who said the baby could have been suffering from seizures or other disorders.

Docko said the defense expert, Dr. Janice Ophoven, should not be trusted because she once mixed up blood samples of a baby she was hired to examine with a man dying of lung cancer. That led to the parents being suspected by police of killing their infant daughter, she said.

Christie defended the science and doctors who contradicted the findings made at Children’s Hospital, saying their research was just as legitimate.

“They provide their expertise when people need it and there’s absolutely nothing wrong with it,” Christie said."

UNION LEADER: FROM EARLIER STORY ON THE CLOSING ARGUMENTS;

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PUBLISHER'S VIEW: I always feel a stab of horror when I see a babysitter charged with serious crimes relating to the sudden injury or death of a child they are caring for purely on the basis of a team of medical experts who claim that the physical evidence shows unequivocally that the child was shaken to death- or that small falls don't kill. I am therefore always am gratified when, in these cases (as I am seeing more and more) a jury shows a willingness to consider non-criminal explanations for the child's death. In the Elizabeth Torrey case - the subject of this post - the jurors were not impressed either by the number of well-credentialled expert witnesses called by the prosecution or by the rhetoric used by prosecutors to secure a verdict - the suggestion that the babysitter had inflicted injuries on the child akin to those which would be inflicted in a horrific car crash. Instead, it would appear that the jurors did what jurors are supposed to do by reaching their own judgments - instead of abdicating the decision to the prosecution's experts - and by considering whether the prosecution had adduced any evidence tying her to a crime.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

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"BRENTWOOD — A Candia woman was found not guilty of inflicting serious brain and head injuries to an 8-month-old boy she babysat last June," the Union Leader story by reporter James A. Kimble, published on September 29, 2011, under the heading, "Babysitter found not guilty of assaulting infant," begins.

"The verdict for Elizabeth Torrey came within two hours of a juror being replaced on Wednesday for disobeying a judge’s order not to search on the Internet for information related to the case," the story continues.

"Torrey was acquitted of first- and second-degree assault charges, which could have landed her in state prison for years if a jury had found her guilty. “It was a very emotional case,” defense lawyer William Christie said in an interview. “We are very grateful for the jury’s verdict.” Torrey was accused of injuring Grady Littlefield. Now 23 months old, he is legally blind and has lost much of his hearing and ability to walk, according to court testimony. Torrey took the stand in her own defense at the close of the week-long trial in Rockingham County Superior Court. Jurors began deliberating Tuesday morning. The jury heard testimony from police officers, and doctors from Children’s Hospital Boston, who concluded Littlefield’s injuries were so severe they had to have been caused by abuse. But Christie argued there was no evidence or eyewitness that showed Torrey did anything to Littlefield. “She is a wonderful person and a good mother,” Christie said after the verdict. “This has been a difficult road for her.” The jury listened to hours of live and recorded testimony from medical professionals, including a defense-hired doctor who dismissed the assessment that Littlefield was abused. They also heard Torrey’s recorded interview with Candia police. Police arrested Torrey days after a 911 call was made by her neighbor, saying that Littlefield had suddenly become unresponsive. Dr. Alice Newton, head of the Child Protection Team at Children’s Hospital, testified for the state about how doctors concluded the injuries were the result of severe trauma. In their closing arguments on Tuesday, prosecutors said Littlefield’s injuries were so severe that they were comparable to ones seen in a car accident or a second-story fall. “It was a real disappointment given the state of the evidence,” Rockingham County Attorney James Reams said. “We literally had the finest doctors on these issues come and testify.” The juror who was dismissed had searched on the Internet for a medical article that was mentioned during the trial, according to Reams. He shared what he was doing with fellow members of the jury, who in turn reported it to Judge Kenneth McHugh, Reams said. McHugh explicitly warned jurors each day not to search online for information or news accounts of the trial. The judge questioned other members of the jury about the infraction and then replaced the man with one of the two alternates selected before deliberations began."
The story can be found at:

http://www.unionleader.com/article/20110929/NEWS03/709299969

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"BRENTWOOD — The bodily trauma suffered by 8-month-old Grady Littlefield was so great that doctors could only compare him to a baby who endured a horrific accident, prosecutors said on Tuesday," the Union Leader story published on September 28, 2011 under the heading, "Prosecutor: Child's injuries like those in car crash," begins.

"“This is what we see in a crash of a motor vehicle, or falling from a second story balcony — not a 7½-month old falling in a crib,” Assistant County Attorney Jacqueline Docko said during closing arguments in the trial of Littlefield’s former babysitter," the story continues.

"A jury is now deciding whether Elizabeth Torrey, 27, of Candia assaulted Littlefield, causing him to suffer serious injuries to his brain, ears and eyes — or was simply a woman in the wrong place at the wrong time. Jurors began deliberating Tuesday morning after a seven-day trial in Rockingham County Superior Court, where Torrey is charged with first- and second-degree assault. Littlefield, of Deerfield, was left legally blind, unable to walk and suffering from major hearing loss from severe trauma, which could have been inflicted from shaking, prosecutors said. But despite those injuries, defense lawyer William Christie maintained that prosecutors and the doctors who examined Littlefield did not have the evidence or the science to back up their claims about Torrey’s abuse. Littlefield was at Torrey’s home in Candia on the afternoon of June 9, 2010 when he suddenly became unresponsive, prompting a neighbor to call 911. A team of doctors at Children’s Hospital in Boston did not name Torrey specifically as the culprit of the injuries, but gave Candia police a window of time when Littlefield was injured, Christie argued. That conclusion, made on June 17, made police focus solely on Torrey, he said. Christie argued that Littlefield fell in his crib just before being brought to Torrey’s home, and bumped his head weeks earlier during a swimming lesson with his mother. Docko asked jurors to tap into their own experience of raising children to evaluate whether a bump on the head or common fall would cause such serious injuries on a baby. “Children don’t fall and bump their head and wind up like Grady Littlefield,” Docko said. Questions that jurors have about Littlefield’s diagnosis may come down to which experts they believe. Doctors who examined Littlefield were contradicted by one hired by Torrey’s defense, who said the baby could have been suffering from seizures or other disorders. Docko said the defense expert, Dr. Janice Ophoven, should not be trusted because she once mixed up blood samples of a baby she was hired to examine with a man dying of lung cancer. That led to the parents being suspected by police of killing their infant daughter, she said. Christie defended the science and doctors who contradicted the findings made at Children’s Hospital, saying their research was just as legitimate. “They provide their expertise when people need it and there’s absolutely nothing wrong with it,” Christie said. Littlefield’s parents, Jeffrey and Nina, sat in the front row of the courtroom, where they have spent every day of trial listening to hours of testimony by police, doctors and Torrey, who finished testifying on Monday. Supporters for Torrey have also been coming to court, especially during the last two days of trial."

http://www.unionleader.com/article/20110928/NEWS03/709289957&template=mobileart

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

Thursday, September 29, 2011

AMANDA KNOX: APPEAL; THURSDAY SEPEMBER 29; DEFENCE ARGUES SHE WAS 'CRUCIFIED' BY ITALY'S MEDIA; ASSOCIATED PRESS;


"The role of the media in the four-year-long case has been a recurring theme of closing arguments of all parties. Prosecutor Giuliano Mignini has lamented what he said was media interference and an increasingly strong campaign in support of Knox. Defense lawyers said Knox had been unfairly portrayed.

"This has swept away her life," said Dalla Vedova, adding that Knox had been hit by "a tsunami, a tornado" and that her privacy had been violated.

The lawyer sought to refute the prosecution's case, saying that there was no motive for the brutal murder and insisting Knox and Kercher were friends who had quickly bonded upon their arrival in Perugia thanks to their shared language.

He said investigators were hasty in their conclusions -- Knox and Sollecito were arrested four days after Kercher's body had been found in the apartment the 21-year-old Briton shared with Knox. The lawyer maintained that a court-ordered review of DNA had demolished much of the prosecution's case.

REPORTER ALESSANDRA RIZZO; THE ASSOCIATED PRESS;

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"PERUGIA, Italy - (AP) -- An Italian defense lawyer argued Thursday that Amanda Knox is an innocent girl "crucified" in the media and wrongly convicted of killing her roommate, urging an appeals court not to be afraid to correct a mistake," the Associated Press story by reporter Alessandra Rizzo published earlier today under the heading, "Defence: Amanda Knox 'crucified' in Italy's media begins.

"Carlo Dalla Vedova told the court in his closing arguments that Knox has been the victim of a "tragic judicial case" and has spent more than 1,000 days behind bars as a result. The highly anticipated verdict in the appeals case is expected Monday," the story continues.

"Knox was convicted of murdering Meredith Kercher, a British student in Perugia, and sentenced to 26 years in prison, while co-defendant Raffaele Sollecito was sentenced to 25 years. They deny wrongdoing and have appealed.

"Knox has been crucified, impaled in a public square, subjected to the most sinister of speculations," Dalla Vedova said. "All, regardless of their nationalities, have offended Amanda Knox."

Soon after her arrest on Nov. 6, 2007, Knox became a media sensation, depicted either as a manipulative girl-gone-wild or as a naive young woman caught up in a judicial nightmare. The media remained hooked on the case, and hundreds of reporters, cameramen and photographers have descended on the central Italian town in anticipation of the verdict.

The role of the media in the four-year-long case has been a recurring theme of closing arguments of all parties. Prosecutor Giuliano Mignini has lamented what he said was media interference and an increasingly strong campaign in support of Knox. Defense lawyers said Knox had been unfairly portrayed.

"This has swept away her life," said Dalla Vedova, adding that Knox had been hit by "a tsunami, a tornado" and that her privacy had been violated.

The lawyer sought to refute the prosecution's case, saying that there was no motive for the brutal murder and insisting Knox and Kercher were friends who had quickly bonded upon their arrival in Perugia thanks to their shared language.

He said investigators were hasty in their conclusions -- Knox and Sollecito were arrested four days after Kercher's body had been found in the apartment the 21-year-old Briton shared with Knox. The lawyer maintained that a court-ordered review of DNA had demolished much of the prosecution's case.

"Today there's very little left," Dalla Vedova said. "A clue is not enough."

The review found that crucial DNA evidence used to convict Knox and Sollecito was unreliable and possibly contaminated -- an assessment vehemently denied by the prosecution and the forensic police that conducted the original investigation.

Dalla Vedova urged the court not to be afraid to recognize that the lower court that had convicted the two in 2009 had made a mistake. "That's exactly why we have appeals -- courts can make mistakes," he said. "Nobody is infallible."

Kercher was stabbed to death in what prosecutors say had begun as a sexual assault. Prosecutors say that a fourth person was present the night of the murder, Rudy Hermann Guede from Ivory Coast, who has also been convicted and is serving a 16-year-prison term. Guede denies wrongdoing, but he has exhausted all levels of appeals under Italy's judicial system.

Knox and Sollecito -- the American's boyfriend at the time of the crime -- insist they spent the night at his house. Their defense lawyers maintain that Guede is the sole killer, while the prosecutors say that bruises and a lack of defensive wounds on Kercher's body prove that there was more than one aggressor holding her into submission.

Knox's family has flown in for the last stretch of the trial, attending hearings and visiting her in prison. Members of the Kercher family, which has kept a lower profile, are also expected to come to Perugia for the verdict.

"We visited her yesterday and she was rather anxious. But it was also the first time all my four daughters have been together for two years," a teary-eyed Curt Knox, the defendant's father, said.

He said Thursday's summations had given the court a chance to hear "a whole different story and a whole different presentation of what this case is really about".

"I think that gave her some extra strength," he added.

Knox appeared relaxed and even giggled at one point as her other lawyer, Luciano Ghirga, ridiculed a prosecution witness, covering her mouth with her hand as she tried to quickly regain her composure.

With a fatherly gesture, Ghirga ended his arguments by caressing Knox's head. He told reporters she had thanked him.

The trial continues Friday with rebuttals, beginning with the prosecution."

The story can be found at:

http://www.newsday.com/news/defense-amanda-knox-crucified-in-italy-s-media-1.3209555

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

THOMAS HAYNESWORTH: VIRGINIAN-PILOT SAYS APPEAL COURT SHOULD CLEAR HIS NAME "IMMEDIATELY."





'"It's rare for the attorney general to argue against a case he's supposed to be defending. But Haynesworth's innocence is supported by DNA, based on thorough investigation and backed by commonwealth's attorneys whose offices previously prosecuted him.



Haynesworth had no criminal record when he was arrested at age 18. Now that he's out of prison, he's working in the state attorney general's office. But he has to register his whereabouts every month with the state, provide all email addresses he uses and abide by restrictions on where he can go."



It's freedom, his lawyer said, but he's not free.



EDITORIAL: THE VIRGINIAN-PILOT;



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BACKGROUND: "The court of appeals has granted only one writ of actual innocence, in 2008, though it has yet to free anyone from prison.

Among other things, Haynesworth must show, “no rational trier of fact could have found proof beyond a reasonable doubt based upon the newly discovered evidence.”

His lawyers say that if the DNA evidence was available in 1984, no reasonable juror would have found him guilty.



Haynesworth’s petition argues, “If, as the Virginia legislature plainly contemplated, there is ever to be a case for which a writ of actual innocence is granted based on non-biological evidence, this is it.”"

THE INNOCENCE PROJECT;

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"Thomas Haynesworth, wrongly convicted of a series of sexual assaults in Richmond in the 1980s, is out of prison after serving 27 years, but he's still saddled with the label of sex offender. On Tuesday, he asked a Virginia Court of Appeals to clear his name," the Virginian-Pilot editorial published earlier today under the heading, "Righting old wrongs for a miss-labeled 'sex-offender'" begins.



"He has an unlikely ally in his quest: his boss, the state's chief prosecutor, Ken Cuccinelli," the story continues.



"No one would accuse the attorney general of being soft on criminals. He is, after all, the one who pushed to increase the penalty for convicted sex offenders who fail to register with the state.



But in this case, Cuccinelli noted that having Haynesworth's name on that list was a miscarriage of justice, and "it is our job to try to fix it."



Haynesworth, 46, was paroled by Gov. Bob McDonnell in March after DNA proved he wasn't the rapist in two 1984 cases. The DNA instead implicated a convicted serial rapist who resembles Haynesworth and is serving a 100-year prison sentence. But two other convictions against Haynesworth - for which no DNA evidence exists - were left standing.



To grant writs of actual innocence, the Court of Appeals, which heard arguments Tuesday for a half-hour, must conclude that the new evidence means no reasonable juror would find Haynesworth guilty of those other charges.



The judges questioned how much weight they should give the eyewitness testimony that prosecutors used to convict Haynesworth in 1984, The Richmond Times-Dispatch reported. Prosecutors in Richmond and Henrico County joined Cuccinelli in pressing for the court to overturn the remaining convictions.



The judges also wondered what weight should be attached to the state's chief prosecutor arguing to nullify convictions.



Attorneys answered appropriately: a lot. It's rare for the attorney general to argue against a case he's supposed to be defending. But Haynesworth's innocence is supported by DNA, based on thorough investigation and backed by commonwealth's attorneys whose offices previously prosecuted him.



Haynesworth had no criminal record when he was arrested at age 18. Now that he's out of prison, he's working in the state attorney general's office. But he has to register his whereabouts every month with the state, provide all email addresses he uses and abide by restrictions on where he can go.



It's freedom, his lawyer said, but he's not free.



The judges can rectify that. And they should. Immediately."




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The editorial can be found at:




http://hamptonroads.com/2011/09/righting-old-wrongs-mislabeled-sex-offender

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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 found at:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8950904177091523155

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

at

Wednesday, September 28, 2011

MICHAEL MORTON: DNA EVIDENCE WHICH COULD CLEAR HIM HAS "POTENTIALLY SERIOUS RAMIFICATIONS" FOR FORMER TEXAS SCIENCE BODY CHAIR D.A. JOHN BRADLEY;



"The developments could bolster efforts to exonerate Morton — who has steadfastly maintained his innocence — and help solve the mysterious killing of Debra Jan Baker, which has haunted her daughter, Caitlin Baker, nearly her entire life. She was 3 years old when her mother was bludgeoned to death in her bed.........

It could also have potentially serious ramifications for Williamson County District Attorney John Bradley, the former head of the Texas Forensic Science Commission. Appointed to the panel by Gov. Rick Perry, Bradley was critical of efforts to examine questions about the arson science used to convict Cameron Todd Willingham in the 1991 deaths of his three daughters. Willingham was executed in 2004. "

REPORTER BRANDI GRISSOM: THE TEXAS TRIBUNE;

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"Travis County authorities are investigating an unsolved 1988 Austin murder that they suspect is related to the 1986 murder of Christine Morton, for which her husband, Michael Morton, has been in prison for 25 years," the Texas Tribune story by reporter Brandi Grissom published earlier today under the heading, "DNA may tie Morton case to 1988 killing," begins.

at

Tuesday, September 27, 2011

THOMAS HAYNESWORTH; INNOCENCE PROJECT'S REPORT ON TODAY'S (TUESDAY'S) VIRGINIA APPEALS COURT SESSION; HE IS TRYING TO CLEAR HIS NAME;

Innocence Project Asks Virginia Appeals Court to Clear a Richmond Man Who Has Served Nearly 27 Years for Rapes He Didn’t Commit

[Print Version]

Attorney General Ken Cuccinelli Personally Appeared Before the Court to Argue in Support of Thomas Haynesworth’s Claim of Innocence

CONTACTS:
Paul Cates, 212-364-5346, pcates@innocenceproject.org
Shawn Armbrust, 773-562-9020, sarmbrust@exonerate.org
Alana Salzberg, 212-364-5983, asalzberg@innocenceproject.org

(Richmond, VA — September 27, 2011) The Innocence Project, the Mid-Atlantic Innocence Project and Hogan Lovells US LLP appeared before the Virginia Court of Appeals today to urge the court to exonerate a Richmond man who was incarcerated nearly 27 years for three rapes that DNA and other evidence now show were committed by the notorious “Black Ninja” rapist. Virginia Attorney General Ken Cuccinelli personally appeared before the court to join in seeking a declaration of actual innocence for Thomas Haynesworth. Richmond Commonwealth’s Attorney Michael Herring and Henrico Commonwealth’s Attorney Wade Kizer also concur that Haynesworth is innocent. Gov. Bob McDonnell intervened with the parole board to help secure Haynesworth’s release to parole.

“The Attorney General and the Commonwealth Attorneys in Richmond and Henrico counties agree that Mr. Haynesworth is innocent of these crimes,” said Shawn Armbrust, director of the Mid-Atlantic Innocence Project, who argued the case before the court today. “With such unwavering support from the state, we are hopeful that we were able to convince the court today to correct this tragic miscarriage of justice.”

The case was argued before a three member panel of the Court of Appeals on March 30, 2011. In an unusual move, the panel ruled in July that it would not issue a decision but would instead send the case to be heard before the full Court of Appeals. In court today, lawyers argued that DNA and other evidence proves that Haynesworth is innocent of a series of rapes or attempted rapes that occurred in a small area overlapping both the City of Richmond and Henrico County between January 3 and February 1, 1984.

Haynesworth, an 18-year-old Richmond resident with no prior record, was arrested February 5, 1984, after one of the victims identified him. The other four victims later picked his photo out of a photo array. Haynesworth was eventually convicted for crimes that occurred on January 3, 30 and February 1, 1984 and sentenced to 36 years in prison. He was acquitted of a crime that occurred on January 21, and the charges were dropped in a January 27 incident.

Rapes in the same general area continued throughout 1984 after Haynesworth was arrested, with more than 10 young white women being attacked by a young black male who began to refer to himself to his victims as the “Black Ninja.” On December 19, police arrested Leon Davis, who was charged with about a dozen rapes that took place during the last nine months of 1984. Davis was eventually convicted of at least three of those crimes and sentenced to multiple life terms.

After Gov. Mark Warner ordered a review of cases between 1973 and 1988, it was discovered that the semen recovered from the victim of Haynesworth’s January 3 rape conviction matched Davis, not Haynesworth. With this knowledge, Haynesworth’s legal team reached out to the Richmond and Henrico Commonwealth’s Attorneys to review Haynesworth’s other convictions. While there was no physical evidence for his two remaining convictions, DNA testing proved that Davis was also the perpetrator in the case for which he was acquitted.

The Richmond and Henrico Commonwealth’s Attorneys conducted an extensive investigation and eventually concluded that Davis, not Haynesworth, was responsible for the other two crimes. These crimes matched the same modus operandi as the other rapes committed by Davis. Haynesworth also passed polygraph tests about both of the cases that were administered in the presence of the respective Commonwealth’s Attorneys.

“Mr. Haynesworth spent 27 years in prison for crimes he clearly didn’t commit. While he is out on parole now, he is not a free man. He has been forced to register as a sex offender and abide by many restrictions,” said Olga Akselrod, a Staff Attorney with the Innocence Project, which is affiliated with Cardozo School of Law. “With so many people confident in his innocence, we are hopeful that Mr. Haynesworth will finally be cleared.”

Haynesworth was released to parole thanks to intervention from Gov. Bob McDonnell. Since his release, he has been working in the mail room of the Attorney General’s office.

A timeline of the case is available here.

Download the briefs before the Court of Appeals below:

• Supplemental Brief — Hogan Lovells, Innocence Project, Mid-Atlantic Innocence Project
• Reply Brief — Hogan Lovells, Innocence Project, Mid-Atlantic Innocence Project
• Commonwealth Brief — Attorney General Kenneth Cuccinelli)

The legal team includes Hogan Lovells US LLP partner Ellen Kennedy and associates Thomas Widor and Aaron George as well as Innocence Project Co-Director Peter Neufeld.

The report can be found at:

http://www.innocenceproject.org/Content/Innocence_Project_Asks_Virginia_Appeals_Court_to_Clear_a_Richmond_Man_Who_Has_Served_Nearly_27_Years_for_Rapes_He_Didnt_Commit.php

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

AMANDA KNOX; APPEAL; TUESDAY; DEFENCE LAWYER DISMISSES "SHE-DEVIL" RHETORIC; REPORTER ALYSHAH HASHAM; THE TORONTO STAR;

"To the prosecution she is Dr. Jekyll and Mr. Hyde: “both a [saint] and a demonic, satanic she-devil.”

But in closing arguments at Knox’s appeal case in Perugia on Tuesday, her defence lawyer compared her to Jessica Rabbit, the sultry cartoon character suspected of murder in Who Framed Roger Rabbit?

Knox isn’t a manipulating, sex-obsessed “femme fatale” as her accusers charge, lawyer Giulia Bongiorno said in her closing arguments. Knox is rather like raven-haired cartoon temptress — just drawn that way.

Bongiorno said Knox has been unfairly portrayed over the course of the media-hyped, four-year case."

REPORTER ALYSHAH; THE TORONTO STAR

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"Amanda Knox, the 24-year-old U.S. student convicted of murdering her roommate, has been painted as both a manipulative temptress and naïve innocent at her appeal trial in Italy this week," the Toronto Star story by reporter Alyshah Hasham published earlier today under the heading, "Amanda Knox: She-devil or Jessica rabbit? A defense lawyer has told a court to see Amanda Knox, the American student convicted of killing her roommate, not as the "femme fatale" her accusers describe but rather as a loving young woman," begins.

"To the prosecution she is Dr. Jekyll and Mr. Hyde: “both a [saint] and a demonic, satanic she-devil,” the story continues.

"But in closing arguments at Knox’s appeal case in Perugia on Tuesday, her defence lawyer compared her to Jessica Rabbit, the sultry cartoon character suspected of murder in Who Framed Roger Rabbit?

Knox isn’t a manipulating, sex-obsessed “femme fatale” as her accusers charge, lawyer Giulia Bongiorno said in her closing arguments. Knox is rather like raven-haired cartoon temptress — just drawn that way.

Bongiorno said Knox has been unfairly portrayed over the course of the media-hyped, four-year case.

Two years ago, the Seattle native was sentenced to 26 years in prison for the Nov. 1, 2007 sexual assault and brutal murder of her roommate, British student Meredith Kercher in Perugia, where they were studying Italian.

Knox’s former boyfriend Raffaele Sollecito, a former student at the University of Perugia, was also convicted in the joint trial, and was sentenced to 25 years in prison.

Both convictions are currently being appealed.

The sensational trial in Italy painted the murder as part of a drug-fuelled sex game that included Knox, Sollecito and another man, Rudy Guede.

An animated reconstruction of the murder scene played by the prosecution at the original trial shows Knox getting into a fight with Kercher as Sollecito held a knife. Guede held Kercher from behind and reached a hand into her underwear.

Sollecito ripped Kercher’s bra off, said the original prosecutor Giuliano Mignini who believed the two men were competing for Knox’s attention. Then, he said, Knox stabbed Kercher in the throat, one of 43 stab wounds found on Kercher’s body.

“Who is Amanda Knox?” said attorney Carlo Pacelli in court on Monday. “Is she the mild-looking, fresh-faced person you see here, or the one devoted to lust, drugs and alcohol that emerges from the court documents?”

However, the defence called the DNA evidence used in the trial useless.

“In the room of the crime, there are no traces of either Amanda or Raffaele. This is the absolute truth,” said Bongiorno, according to the Guardian.

The alleged trace of Sollecito’s DNA on Kercher’s bra clasp, collected 46 days after the murder was evidence “torn apart by the experts’ report,” she said.

The review significantly weakened the prosecution case, giving the defendants hope that they might be freed after four years behind bars.

The lawyers also pointed out that Knox accused a bar owner in Perugia, Diya “Patrick” Lumumba, of murdering Kercher. He was later cleared.

Knox’s mother, Edda Mellas, blames the false accusation on the Italian police, according to CBS News.

“The police are the ones that told her ‘We know he was involved, we know he was there, we know you were with him,” she told CBS News. “After, I don’t know, 12 hours no food, no rest, the hitting, the screaming, the shouting, the terrorizing of her, she finally said, ‘Well ok, maybe this, maybe that.’”

If Knox and Sollecito are acquitted, a lawyer from the prosecution told an Italian news agency that it would appeal to Italy’s highest court, the last level of appeals.

In a Monday night interview with CNN, Amanda Knox’s father Curt Knox said that his daughter found the words of the prosecution “extraordinarily hard to listen to.”

“What I find very hard to believe is how this person can start calling her that when he’s never even talked to her, never met her,” he said. He added that his daughter has been losing weight and is having trouble sleeping.

He said that Knox will be able to address court before the jury begins deliberations, something she has been thinking about for three months

“This is really her final opportunity to express her heartfelt thoughts as it relates to how she’s being judged and the fact that she had nothing to do with this horrific crime and that Meredith was her friend.”

The defence is expected to complete its final arguments on Thursday, according to CNN.

A verdict is expected next week after jury deliberations.

The third man involved in the case, Rudy Guede, a drifter from Cote D’Ivoire, has exhausted his appeals process, according to the Telegraph. He is serving 16 years in prison."

The story can be found at:

http://www.thestar.com/news/world/article/1060209--amanda-knox-she-devil-or-jessica-rabbit

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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

CORY ARMISHAW: GUELPH, ONTARIO; MAN FREED IN SHAKEN-BABY CASE BECAUSE OF HEAVY HANDED POLICE CONFESSION TACTICS; DEFENCE: POLICE HAD NOTHING ELSE;

"Armishaw was living on Hadati Road with then-girlfriend Kayla Lindeman, Jaydin’s mother, but was at work when the boy became unresponsive and was rushed to Guelph General Hospital in November 2006.

Jaydin died approximately two days later in a London hospital of what doctors concluded was brain damage from being shaken. It was unclear, however, how many hours before he became comatose that the injury would have occurred. The range was four to 48 hours, court heard.

Langdon said the case comprised largely of hearsay statements, some conflicting, by people familiar with the common-law family and its circumstances. Disturbing aspects, he noted, included changing statements key players made, whether Armishaw and Lindeman and her grandmother had motive and opportunity.

Police, Langdon said, were so focused on Armishaw they didn’t pay enough attention on significant inconsistencies in Lindeman’s pronouncements, even though at one early point she was a suspect.

Repeatedly, Langdon criticized Smyth’s June, 2007 interrogation in which Armishaw ultimately confessed as so “relentless” the man would have concluded “resistance is futile.”" (September 26, 2011 story);

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In a June 26, 2007 interrogation by OPP Det. Sgt. Jim Smyth, Armishaw confessed to what medical experts termed shaken baby syndrome.

That came after Armishaw repeatedly demanded his constitutional right to silence on the advice of his attorney while under pressure by Smyth to ignore that guidance.

In a video recording of his interrogation, Smyth is heard telling Armishaw his silence “will have negative consequences” for the man. Smyth said several times Armishaw must speak up to make clear he didn’t plan the death or he’d be viewed as a cold-blooded killer, like someone who robs a store and shoots a clerk in the face.

“To my mind, that’s a threat,” Parry told Langdon. “It’s a systematic and repeated attack (on Armishaw’s legal rights).”

“How else can that be interpreted but ‘My lawyer can’t save me?’ ”

But without reasonable and probable grounds for conviction in a case without evidence linking Armishaw to the boy’s death, the overarching drive was to get a confession, Parry told the court. “It seems to me this was an all-or-nothing ploy.” (September 22, 2011 story);

THE GUELPH MERCURY;

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SEPTEMBER 26, 2011 STORY: GUELPH — Cory Armishaw has been acquitted of second-degree murder in the 2006 shaken-baby death of toddler Jaydin Lindeman," the Guelph Mercury story published on September 26, 2011 begins under the heading, "Guelph man acquitted in baby's death".

"Armishaw, 26, walked out of Superior Court a free man Monday after Justice Kenneth Langdon launched a scathing attack on police interrogation techniques used in June 2007," the story continues.

"They were used in a grilling of Armishaw in which police repeatedly brushed aside Armishaw’s desire to remain silent on the advice of a defence attorney.

It amounted to a coerced confession, Langdon said.

“I have without any difficulty concluded that (a confession offered by Armishaw in that session) is inadmissible,” Langdon said.

“His statement was not voluntary,” Langdon said, noting police interrogator OPP Det. Sgt. Jim Smyth “lied over and over” to Armishaw about the strength of the evidence against him. Langdon said that likely convinced Armishaw — alluded to in the trial as a man of limited intellect — “of his own guilt.”

Prosecutor Pamela Borghesan said after a recess the Crown was not going ahead with the case.

“Mr. Armishaw’s confession was a crucial piece of evidence in the Crown’s case,” she told Langdon. “Without it there is no reasonable prospect of conviction.”

“I enter a verdict of not guilty,” Langdon said in the third week of a voir dire, or trial within a trial, on the admissibility of the confession and other statements from people interviewed by police.

Armishaw cried as family members gathered around him, also weeping quietly as the group left the court.

“(I’m) pretty happy with the outcome and that’s pretty much all I can say,” Armishaw said, on the sidewalk outside court.

“I’m thrilled for him,” defence attorney Craig Parry of Kitchener said.

Parry said he was pleased the judge concurred with the defence that the aggressive interrogation techniques, including implied threats and inducements, by Smyth went too far.

Smyth suggested in a video-recorded interrogation that Armishaw might be seen, without confessing, as a cold-blooded killer rather than someone who shook a fussing baby in fleeting frustration.

“The tactics employed are very dangerous. They run the risk of coercing false confessions.” That’s because offering a false choice might lead an accused person to wrongly conclude “there’s no way out but to confess,” Parry said.

Asked if the case would influence how authorities approach future criminal investigations, Borghesan said: “I can’t comment on police techniques . . . and every case is different.”

Armishaw was living on Hadati Road with then-girlfriend Kayla Lindeman, Jaydin’s mother, but was at work when the boy became unresponsive and was rushed to Guelph General Hospital in November 2006.

Jaydin died approximately two days later in a London hospital of what doctors concluded was brain damage from being shaken. It was unclear, however, how many hours before he became comatose that the injury would have occurred. The range was four to 48 hours, court heard.

Langdon said the case comprised largely of hearsay statements, some conflicting, by people familiar with the common-law family and its circumstances. Disturbing aspects, he noted, included changing statements key players made, whether Armishaw and Lindeman and her grandmother had motive and opportunity.

Police, Langdon said, were so focused on Armishaw they didn’t pay enough attention on significant inconsistencies in Lindeman’s pronouncements, even though at one early point she was a suspect.

Repeatedly, Langdon criticized Smyth’s June, 2007 interrogation in which Armishaw ultimately confessed as so “relentless” the man would have concluded “resistance is futile.”

Smyth repeatedly told Armishaw the evidence pointed clearly to Armishaw.

“That was a lie,” Langdon said. “It was meant to be a lie.” This squeezed the man into a tight corner, fairly or unfairly.

“He has no alternative but to own up.”"

The story can be found at:

http://www.guelphmercury.com/news/local/article/600417--guelph-man-acquitted-in-baby-s-death

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Cory Armishaw is accused of murdering his former girlfriend's baby.
Cory Armishaw Cory Armishaw is accused of murdering his former girlfriend's baby.
Scott Tracey/Guelph Mercury

SEPTEMBER 22, 2011 STORY); DEFENCE LAMBASTES POLICE INTERROGATION TACTIC; (Guelph Mercury September 22, 2011);

GUELPH — Kitchener defence attorney Craig Parry lashed out Wednesday at a police interrogation tactic against accused baby killer Cory Armishaw that suggested the man didn’t need legal counsel.

“It’s one of the protections that ensures our democracy functions,” Parry told Mr. Justice Kenneth Langdon in Superior Court, where Armishaw is on trial for second-degree murder in the November 2006 death of his girlfriend’s 2 ½-month old son, Jaydin Lindeman.

In a June 26, 2007 interrogation by OPP Det. Sgt. Jim Smyth, Armishaw confessed to what medical experts termed shaken baby syndrome.

That came after Armishaw repeatedly demanded his constitutional right to silence on the advice of his attorney while under pressure by Smyth to ignore that guidance.

In a video recording of his interrogation, Smyth is heard telling Armishaw his silence “will have negative consequences” for the man. Smyth said several times Armishaw must speak up to make clear he didn’t plan the death or he’d be viewed as a cold-blooded killer, like someone who robs a store and shoots a clerk in the face.

“To my mind, that’s a threat,” Parry told Langdon. “It’s a systematic and repeated attack (on Armishaw’s legal rights).”

“How else can that be interpreted but ‘My lawyer can’t save me?’ ”

But without reasonable and probable grounds for conviction in a case without evidence linking Armishaw to the boy’s death, the overarching drive was to get a confession, Parry told the court. “It seems to me this was an all-or-nothing ploy.”

Armishaw has pleaded not guilty in a trial by judge alone. The focus to date has been on resolving legal issues, using in part case law. Those matters include admissibility of statements made to police and circumstances surrounding the confession, which the defence maintains was coerced and the prosecution maintains was freely given.

“There are no inducements, threats, oppressive atmosphere or trickery such that Mr. Armishaw’s right to remain silent has been breached,” prosecutor Pam Borghesan said, adding the confession was therefore voluntary.

The two sides initially tangled Wednesday over the admissibility of expert testimony by South Miami forensic psychologist Bruce Frumkin, who said Friday that Armishaw’s limited intelligence and high susceptibility to suggestion made him vulnerable to the will of police interrogators.

In defence submissions, Parry’s associate lawyer, Kirsten Van Drunen, told Langdon those psychological weaknesses made Armishaw susceptible to making false or unreliable statements. Though he initially proclaimed his innocence, she added he was also vulnerable to police suggestions that the case against him was solid when it wasn’t.

Van Drunen said “Mr. Armishaw is more suggestible than average.” He was also “more prone to give in to misleading information and change his responses under pressure.”

She said Frumkin’s testing methods on Armishaw last June 11 are generally accepted by his peers in the profession, and she urged the court not to dismiss his testimony that Armishaw was “vulnerable to providing a false confession.”

But Borghesan said that while Frumkin acknowledged high suggestibility may make a person vulnerable to pressure, he wouldn’t offer an opinion on whether a particular confession was voluntary or false. She compared it to someone saying an animal isn’t a duck per se, but “swims and quacks.”

Borghesan added courts haven’t universally accepted all of Frumkin’s methods of assessing accused persons in the 600 American cases he’s been involved with. “In Canada, this would be a first.”

Armishaw, she continued, would have had a stronger desire to co-operate with the psychologist than police interrogating him in the months after the boy’s death in the basement unit he and Kayla Lindeman shared.

Further, she emphasized Frumkin’s testimony isn’t required.

“Juries are capable of assessing the reliability of confessions,” she said, referring in this case to Langdon alone.

As to Smyth’s methods, Borghesan said “inflating” the evidence against an accused during interrogations isn’t unusual or objectionable.

But Parry took exception to this characterization.

“To say it’s exaggeration,” Parry said, “is disingenuous.”

Parry said the point of the “lie” was to make clear to Armishaw that “resistance is futile.” Smyth, he said, told Armishaw the medical evidence pointed to him as the boy’s killer when this wasn’t the case.

“You know Mr. Armishaw bought it hook, line and sinker,” he told the court. The bottom line is Armishaw doubted his innocence, the attorney added.

“As a young kid, he lacks the tools to intellectually scrutinize the falsehoods being presented to him,” Parry said of Armishaw, who was 21 when the toddler died. “He’s buying it.”

And yet, Parry said, there were others who had opportunity to harm the boy, though police didn’t pursue those possibilities.

Borghesan said investigators eliminated those others.

“Police did have the requisite grounds for arresting Mr. Armishaw for murder,” Borghesan said.

The trial continues today.

This story can be found at:

http://www.guelphmercury.com/news/local/article/598198--defence-lambastes-police-interrogation-tactic

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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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