Back in action: Bulletin: Hannah Overton: State district judge sends case to appeal court: Her lawyer is disappointed. Corpus Christi Caller-Times.

STORY: "State district judge offers Hannah Overton recommendation, sends case to appeals court," by reporter Michelle Villarreal, published on May 31, 2012 in the Corpus-Christi Caller-Times.

GIST: "State District Judge Jose Longoria’s 14-page recommendation states new testimony from medical experts wouldn’t have changed the trial’s outcome. But the judge stopped short of making a recommendation either way on a new trial because he noted that other legal arguments should be decided only by the Texas Court of Criminal Appeals.........Overton’s appeal for an overturned conviction included two key claims: that her trial attorneys failed to properly represent her and that prosecutors withheld test results that showed low levels of sodium in the boy’s stomach contents.........One of Overton’s appellate attorneys, Cynthia Hujar Orr, said Longoria’s opinion is not a surprise. “I don’t agree with it,” she said, “and we will file objections with the Court of Criminal Appeals to tell them that they shouldn’t follow his recommendation.” The higher court will decide if the evidence from the hearing is grounds to set Overton free, order her a new trial or has no merit."

Read the opinion issued by State District Judge Jose Longoria regarding Hannah Overton's evidentiary hearing

The entire story can be found at:

http://www.caller.com/news/2012/may/31/state-district-judge-offers-hannah-overton-recomme/?partner=RSS

See Pamela Colloff's Texas Monthly commentary "Hannah's Prayer" at:

http://www.texasmonthly.com/2012-06-01/letterfromcorpuschristi.php

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Back in action: James Kluppelberg; Arson; Once on death row, 25 years behind bars, freed after expert retained by prosecutors reviewed forensic evidence in case;

STORY: "Man convicted of deadly 1984 arson 'blown away' by prison release: After new investigation, prosecutors dismiss charges in 1984 fire that killed six," by reporter Steve Mills, Chicago Tribune, published on May 31, 2012.

GIST: "A man who spent nearly a quarter-century behind bars for his conviction for setting a 1984 fire that killed a woman and her five children will be released from prison after Cook County prosecutors unexpectedly dropped the case against him. James Kluppelberg, 46, who once faced the death penalty in the case, was convicted of setting the March 1984 fire that killed 28-year-old Elva Lupercio and her five children, ages 3 to 10, at their home in the 4400 block of South Hermitage Avenue in the Back of the Yards neighborhood.........Kluppelberg maintained his innocence from the beginning. On appeal, his attorneys argued that the blaze was not even an arson, saying that advances in science after Kluppelberg's conviction changed how officials investigated fires. Among those advances: Indicators that investigators long believed meant a fire had been intentionally set simply were signs of a blaze that burned especially hot or went to flashover and exploded. A 2004 Tribune series, "Forensics Under the Microscope," examined the advances in fire science and how the use of debunked arson indicators had led to possible wrongful convictions of hundreds, if not thousands, of people. In a follow-up story, the Tribune reported on the execution of a Texas man, Cameron Todd Willingham, even though fire investigators used the same debunked theories to win his conviction. The friend who implicated Kluppelberg later admitted he had lied because he was facing his own criminal charges. Defense attorneys also claimed prosecutors had failed to turn over information about a woman who had set a fire a block from the Lupercio home on the same night. That woman confessed to the other fire and told police she was too drunk to remember if she had set the Lupercio fire as well."

THE STORY CAN BE FOUND AT:

http://www.chicagotribune.com/news/local/ct-met-arson-charges-dropped-20120531,0,7214801.story

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.

Note to readers; Brief respite due to a publishing deadline. Keep in touch! Harold Levy. Publisher. The Charles Smith Blog.

Dear Readers: Just a few words to let you know that I will not be posting for a short while because of a writing deadline. Please get in touch with me by email at the address below if anything of significance occurs during my brief absence - so that I can attend to it on my return. Best wishes.

Harold Levy: Publisher: The Charles Smith Blog.

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Megan Winfrey: Murder in the Piney Woods Part 3: Winfrey’s fate hangs in the balance; Houston News; (Pikett dog-sniffing case) HL;

STORY: "Murder in the piney woods," Part 3, Winfrey's fate hands in the balance (Megan Winfrey takes the stand)," by reporter Cassie Gregory, published on May 5, 2012 in the Houston News. (Excellent primer for up-coming decision. HL)

GIST: On the morning of August 7, 2004, the brutalized body of Murray Burr, a Coldspring High School janitor, was found by relatives. In October 2008, 20-year-old Megan Winfrey was convicted of capital murder and conspiracy to commit capital murder in the case, and was sentenced to life in prison, plus 45 years. Attorney Shirley Baccus-Lobel appeared before the Texas Court of Appeals on Wednesday, April 18, to try to have Winfrey’s convictions overturned. A date for the court’s decision has not been set.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.yourhoustonnews.com/cleveland/news/murder-in-the-piney-woods-part-winfrey-s-fate-hangs/article_990fe88f-13d0-5bff-bb10-3113ced8bd88.html

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Megan Winfrey: Murder in the Piney Woods Part 2: Megan Winfrey goes to trial; Houston News. - (Pikett dog-sniffing case HL);

STORY: "Murder in the Piney Woods Part 2: Megan Winfrey goes to trial: Winfrey Sr. convicted," by reporter Cassie Gregory, published by the Houston News on April 30, 2012. (Excellent primer for up-coming decision. HL.)

GIST: On the morning of August 7, 2004, the brutalized body of Murray Burr, a Coldspring High School janitor, was found by relatives. In October 2008, 20-year-old Megan Winfrey was convicted of capital murder and conspiracy to commit capital murder in the case, and was sentenced to life in prison, plus 45 years. Attorney Shirley Baccus-Lobel appeared before the Texas Court of Appeals on Wednesday, April 18, to try to have Winfrey’s convictions overturned. A date for the court’s decision has not been set. This the second of a three-part series on the case.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.yourhoustonnews.com/cleveland/news/murder-in-the-piney-woods-part-megan-winfrey-goes-to/article_0613d0fa-9d61-59d3-bf17-a40d3f8e24dd.html

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Megan Winfrey: Murder in the Piney Woods: (Part 1): Winfrey awaits court’s decision on appeal; Houston News; (Pikett dog-sniffing case. HL)

STORY: " Murder in the Piney Woods: Part 1: Winfrey awaits court’s decision on appeal," by reporter Cassie Gregory, published by the Houston News on April 21, 2012. (Excellent primer fr up-coming decision. HL);

GIST: "On the morning of August 7, 2004, the brutalized body of Murray Burr, a Coldspring High School janitor, was found by relatives. In October 2008, 20-year-old Megan Winfrey was convicted of capital murder and conspiracy to commit capital murder in the case, and was sentenced to life in prison, plus 45 years. Attorney Shirley Baccus-Lobel appeared before the Texas Court of Appeals on Wednesday, April 18, to try to have Winfrey’s convictions overturned. A date for the court’s decision has not been set. This

COMING NEXT WEEK: Look for next week’s edition to read Part 2 of “Murder in the Piney Woods.” Next week’s article will shed light on the Winfreys’ trials for the 2004 murder of Murray Burr. Out of three people originally charged with the crime, only Megan Winfrey remains behind bars.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.yourhoustonnews.com/kingwood/news/murder-in-the-piney-woods-winfrey-awaits-court-s-decision/article_2d17837c-9e65-510a-a9e8-7192a5a52988.html

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Gordon wood; David Bain; ABC News puts spotlight on some "lack of science" behind forensic evidence heard in Australian and N.Z. courts;

STORY: "Courts use of forensic science called into question,"" by Deborah Cornwall, published by ABC News.

GIST: "Professor Gary Edmond, a leading legal forensic science expert, started observing expert witnesses in NSW courts four years ago and was shocked by what he found. "I must say I was scandalised by the quality of the evidence and the claims being made by experts or so-called experts, who didn't know whether they could actually do what they claimed or didn't know how accurate they were," he said. Professor Edmond's observations were reinforced by a warning from the US National Academy of Sciences in 2009 that - with the exception of DNA evidence - there was a remarkable lack of reliable research in even in the most routine forensic tests like fingerprinting or blood splatter patterns. "Things like voice comparison evidence, the use of images for identification purposes, other types of evidence like prints, footprints on carpet - there is very little in the way of testing of those practices and we know very little about their value as evidence," he said.........

THE ENTIRE STORY CAN BE FOUND AT:

http://www.abc.net.au/news/2012-05-03/courts-use-of-forensic-evidence-called-into-question/3989860

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Forensic Science; What's going on: good and bad! (Some current commentary); Anna Sandiford. SCIBLOGS. (Neat read! HL);

STORY: "ABC. Assume nthing. Believe nobody. Check everything," by Anna Sandiford, published on SCIBLOG on April 29, 2012.

GIST: "ABC. Assume nothing. Believe nobody. Check everything. This is the mantra of British crime scene manager John Cockram. That is a truly excellent mantra and pretty much covers all you need to know about forensic science. His commentary on crime scene examination is fabulous reading in The Guardian’s The real CSI: what happens at a crime scene? Along with a recent episode
 produced by Frontline entitled The Real CSI: how reliable is the science behind forensics and you pretty much get a good idea of what’s going on – good and bad."

THE ENTIRE POST CAN BE FOUND AT:

http://sciblogs.co.nz/forensic-scientist/2012/04/29/abc-assume-nothing-believe-nobody-check-everything/

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Susan May: Guardian investigation could help clear her in death of her aunt; Major assault on forensic evidence in case;

STORY: Series: Justice on trial; The murder of Hilda Marchbank: clues that could clear niece Susan May," by Eric Allison and Helen Pidd, published by the Guardian on may 7, 2012.

GIST: "It is almost seven years since Susan May walked out of Askham Grange prison in North Yorkshire after serving 12 years for a murder she insists she did not commit. Despite all those years of incarceration, there was a part of her that wasn't ready to walk free. "I came out with a heavy heart because I always thought I would only get out of prison with my conviction overturned," she said. Ever since her release, May has devoted herself to proving her innocence. Now the Guardian has discovered evidence suggesting police ignored vital clues supporting May's case that she did not suffocate her 89-year-old aunt, Hilda Marchbank, in 1992, in Royton, Oldham, Greater Manchester.........May was convicted on the flimsiest of evidence, the campaigners say, comprising mainly three marks, said to be her fingerprints, that allegedly contained her aunt's blood. Fresh doubts have emerged in recent years about the testing method, about whether the marks are May's fingerprints – and even whether they contained human blood.........May will also be asking the CCRC to consider new forensic evidence relating to marks on the wall of her aunt's home. Arie Zeelenberg, the former head of the fingerprint service at the Dutch national police agency, believes forensic evidence that helped convict May was flawed and is conducting a review on her behalf. In 2007, Zeelenberg advised the inquiry into the Scottish Criminal Records Office's fingerprint bureau, following the case of former policewoman Shirley McKie, who, in 2006, was awarded £750,000 from the Scottish Executive after being wrongly accused of leaving her fingerprint at a murder scene and lying about it. Professor Allan Jamieson, director of the Forensic Institute, has also lent his name to the challenge to the evidence that helped convict May."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.guardian.co.uk/uk/2012/may/07/susan-may-murder-clues-hilda-marchbank?newsfeed=true

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Ross Monaghan case: (Scotland); Flawed DNA testing raises questions about independence of forensic services; (Powerful read HL);

EDITORIAL: "Guard the independence of our forensic services," published by the Herald Scotland on May 7, 2012.

GIST: "ADVANCES in DNA technology have revolutionised the investigation of crime and the administration of justice. New techniques including the ability to analyse literally microscopic amounts of blood have prompted police forces throughout the country to review hundreds of unsolved murders in the hope of a breakthrough. DNA analysis is an extraordinarily powerful tool in unlocking compelling evidence. Like any new technology, however, it is limited by human failing and the case against Ross Monaghan, who was acquitted last week of the murder of Kevin "Gerbil" Carroll raises some disturbing questions. One problem with DNA evidence is the danger of cross-contamination. Police officers who searched Mr Monaghan's home seized a jacket found to have a single particle of firearms discharge residue. However, they were wearing the uniforms they had worn earlier on a firearms training exercise, so their clothing was covered with bullet residue. Such oversights should simply not occur in a police force with trained officers and a properly accountable chain of command. Alarm bells must ring even more loudly, however, over the relationship between expert forensic staff at the Scottish Police Services Authority (SPSA) and investigating police officers. The court heard evidence from one forensic expert that she had prepared a report stating that the residue particle was of a similar type to that used in cartridges recovered from the crime scene but that this conclusion had been reached at the request of a detective superintendent involved in the investigation."

THE ENTIRE EDITORIAL CAN BE FOUND AT:

http://www.heraldscotland.com/comment/herald-view/guard-the-independence-of-our-forensic-services.17518297

SEE BBC REPORT: INDEPENDENT PROBE ORDERED INTO COLLECTION OF FORENSIC EVIDENCE;

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-17958745

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Larry Swearingen: The Charles Smith Blog award goes to Texas Chronicle reporter Jordan Smith for her eye-opening article "The Science of Injustice."

PUBLISHER'S NOTE: I am pleased to present the award to Texas Chronicle reporter Jordan Smith for her groundbreaking reporting in the Larry Swearingen case in a story called, "The science of injustice." Ms. Smith pointed out an untenable situation in which "despite what appears to be clear and convincing medical evidence that Swearingen could not have killed Trotter, neither prosecutors nor the courts have been persuaded that he could be innocent." Her influential story on very complex forensic issues went on to say: "Swear­ingen's defense has been trying for four years to demonstrate to the courts – the trial court and the CCA as well as federal courts – the import of the new scientific findings. While the CCA has remanded the case to the trial court twice for further hearings, they've ultimately sided with prosecutors, ruling that the forensic evidence isn't convincing enough to outweigh what CCA Judge Cathy Cochran wrote in January 2009 is a "mountain" of circumstantial evidence pointing to Swearingen's guilt. The case renews questions about the intersection of and tension between science and law – how courts and law enforcement professionals view and understand science, and how decisions are made about what kind of science is "good enough" to be deemed more telling or important than other compelling but decidedly nonscientific evidence. "When you have objective forensic evidence and testimonial evidence – which is subjective – [that testimonial evidence] must be questioned and take a backseat to the objective science," says Dr. Stephen Pustilnik, the chief medical examiner for Galveston County, who after reviewing the Trotter tissue samples also concluded that Trotter was killed within days of being found in the forest, not in early December, and therefore not by Swearingen. "It's not the convenient scenario, not the easy scenario" for the state, he says. "Just because [Swearingen] is the easy and convenient person, all of a sudden, if the science says he didn't do it, doesn't mean that you can ignore the science." The case now is under appeal. I am delighted to present Jordan Smith with the Charles Smith Blog Award:

HAROLD LEVY: PUBLISHER; THE CHARLES SMITH BLOG.

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

RECIPIENTS TO DATE;

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.

0: New Yorker staff writer David Grann (U.S.A.)for his awesome exposee of the faulty arson "science" that resulted in the wrongful conviction and execution in Texas of Cameron Todd Willingham. (Photo: David Grann);

0: Pamela Colloff (U.S.A) for her Texas Monthly stories which resulted in the freeing of Anthony Graves within 30 days of the appearance of her first story. Anthony Graves was convicted and sentenced to die in 1994 for six horrific murders in the Central Texas town of Somerville.0: Spencer Hsu (U.S.A) for his revelations in the Washington Post that for years, the U.S. Department of Justice has known that flawed forensic work by FBI experts may have led to the convictions of innocent people, but prosecutors rarely told defendants or their attorneys. Hsu discovered that Justice Department officials began reviewing cases after defense attorneys pointed out problems with evidence coming out of FBI labs. But the review was limited. "As a result," Hsu wrote, "hundreds of defendants nationwide remain in prison or on parole for crimes that might merit exoneration, a retrial or a retesting of evidence using DNA because FBI hair and fiber experts may have misidentified them as suspects."

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

PUBLISHER'S NOTE: This award emanated from The Charles Smith Blog which I created on 2006 to expose the havoc wreaked by Dr. Charles Randal Smith - a pediatric pathologist who purported to be a forensic pathologist and perceived his role to be that of an advocate for the prosecution team - and in the process he destroyed many lives. (Dr. Smith was a pediatric pathologist); Although much of its attention has been focused on an independent public inquiry into many of Smith's cases, now that the Inquiry has completed its work, I am also focusing on ongoing cases anywhere in the world which involve miscarriages of justice caused by flawed forensic pathology, flawed pathologists, junk science, pseudo-experts or a combination of any of the above. Some of the cases considered by the Blog have only come to public attention because of the magnificent efforts of journalists (and occasionally people from other walks of life) be they in the print or electronic media. I myself was a reporter for many years at the Toronto Star. I launched the Charles Smith Blog Award in 2009 as a forum in which I could honour these journalists by drawing attention to their work on stories which, in my personal view, represent what journalism at its best is all about - the exposure of miscarriages of justice.

EXPOSURE: The Charles Smith Blog has attracted more than 150,000 hits from all over the world since its inception in 2009 and is currently listed in several lists of the top forensic science and criminology blogs.

CRITERIA: The award is presented for excellence in exposing miscarriages of justice caused anywhere in the world by flawed pathology, flawed pathologists, junk science, pseudo-experts or a combination of any of the above.

UNUSUAL NATURE: This award is entirely virtual. There is no prize; There is no certificate. It is a pure and unadulterated honour bestowed by myself as publisher in recognition of contributions by others to this important area of journalism. There is however a ceremony of sorts. Each time I press the enter button and a new winner of the Charles Smith Blog award is exploded into cyberspace, I raise a glass of fine wine and toast the recipient for doing what journalists are supposed to do - and for doing it so well.

SUBMISSIONS: Nominations may be made by email to myself - Harold Levy Publisher of The Charles Smith Blog at hlevy15@gmail.com - directing me to the published material in question with a brief note as to why you believe the author or authors should receive the Charles Smith Blog Award.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

Larry Swearingen: Texas Chronicle reporter Jordan Smith wins journalism award for her portrayal of the physical evidence in the case;

STORY: "Gentlewoman and a scholar," by Monica Riese, published in the Texas Chronicle on April 17, 2012.

GIST: "For the first time in its history, the Texas Institute of Letters has awarded its Stanley Walker Newspaper Journalism award to an altweekly writer – specifically, to none other than our very own Jordan Smith. Smith was recognized for her investigative reporting in the Larry Swearingen case, in "The Science of Injustice," Aug. 19, 2011. In that piece, she carefully lays out the case surrounding the 1998 murder of Melissa Trotter and calls into question the legitimacy of physical evidence in Texas courts. The case is now under appeal because forensic evidence suggests Swearingen had been arrested and incarcerated weeks before the murder could have been committed.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.austinchronicle.com/blogs/news/2012-04-17/gentlewoman-and-a-scholar/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: The Robert Dewey case. Lessons of his exoneration from Jason Kreag of the Innocence Project: Wrongful Convictions Blog.

STORY: "The Robert Dewey exoneration and praise for the Colorado Attorney General's office: Colorado's wrongful conviction of Robert Dewey holds lessons," by Jason Kreag of the Innocence Project, published on the Wrongful Convictions Blog on May 5, 2012.

GIST: "Now that Dewey’s innocence has been established, four aspects of the case deserve attention. First, although prosecutors elected not to pursue the death penalty in his case, the crime certainly could have been prosecuted as a capital murder. It’s sobering to think what might have happened had he been sentenced to death. Second, all too often we are forced to close cases because crime scene evidence is no longer available. Fortunately, that is not a problem in Colorado because the state legislature passed a law in 2008 requiring law enforcement to preserve evidence. Colorado lawmakers should pat themselves on the back because these laws not only help to free the innocent but, as we saw in this case, can also help identify the real perpetrator. Third, Dewey’s case is a compelling example of the usefulness of having the prosecution and defense cooperate in post-conviction cases involving innocence claims. DNA evidence has helped to show many in law enforcement that the system doesn’t always get it right. In response, prosecutors around the country have started conviction integrity units like Colorado Attorney General John Suthers’ project to investigate cases where someone may have been wrongfully convicted.........Finally, while Colorado has done many things right with regard to uncovering wrongful convictions, it is lagging behind in one very important regard: compensation. While he was wrongly incarcerated for the past 18 years, Dewey lost out on some of the best years of his life. He missed out on opportunities to get an education and build a career. When he was released last week, he walked out of prison with literally nothing but the clothes on his back. While nothing could compensate Dewey for the years he’s lost, the state owes it to him to see that he doesn’t spend the remainder of his years penniless. My hope for him is that the state will agree and quickly pass a compensation statute to bring Colorado in line with the majority of the states that have compensation statutes for wrongfully convicted individuals."

THE ENTIRE STORY CAN BE FOUND AT:

http://wrongfulconvictionsblog.org/2012/05/05/the-robert-dewey-exoneration-and-praise-for-the-colorado-attorney-generals-office/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Rohan Wray and Chana Al-Alas: British Medical Journal (BMJ) reads the court's decision with "sadness."

STORY: "Prosecution of parents over baby's death raises controversy over diiagnosing child abuse: Don't ignore the preventative message" published in the British Medical Journal on April 30, 2012.

GIST: "We read the Judgement in this case with sadness and interest: It is accepted that Jayden suffered from congenital rickets. Congenital refers to timing; he was born with it. It is very likely his mother was vitamin D deficient during pregnancy; he was born with vitamin D deficiency. He was entirely breastfed by his mother, one of the sad facts of this case is, unbeknown to his mother or those advising her, that further contributed to his vitamin D deficiency. (para 5 1Approved Judgement, Justice Theis DBE) This, despite the fact his mother had attended all antenatal appointments, received regular visits as part of a Family Nurse Partnership Programme (FNP) before and after Jayden’s birth, Jayden himself had been taken to all scheduled appointments, was fully immunised and had seen the GP 3 times. Since Chana Al-Alas was a high risk group at the time of her pregnancy (being under 18), the Government’s Healthy Start scheme should have guaranteed that she was able to access vitamin supplements for free. There were multiple occasions during which this family should have been encouraged to take vitamin supplements including vitamin D, which would have helped prevent rickets."

THE ENTIRE ARTICLE CAN BE FOUND AT:

http://www.bmj.com/content/344/bmj.e2932/rr/581999

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Stephanie Spurgeon: Hearing today: She seeks dismissal of manslaughter conviction; Alleges state withheld key evidence as to child's death;

STORY: "Law class discussion raised questions about day care operator's manslaughter conviction," by reporter Curtis Krueger, published in the Tampa Bay Times on May 5, 2012.

GIST: "It's not so normal for a law student to relay one of Thogmartin's comments to a defense attorney, who then uses said comment to seek a new trial for a woman convicted of manslaughter. "The defense attorneys that represent Mrs. Spurgeon chose not to confer with me" before the trial, Thogmartin said. He added, "I do find it somewhat disgusting that the defense is now trying to pin this on a 3½-, 4-year-old kid when there is no evidence that is what happened." Kurpiers said he's not trying to pin anything on anyone: "All we know is that Stephanie didn't do it." He said the decision not to sit down with Thogmartin for a pretrial interview was a tactical decision made for legal reasons, not an oversight."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.tampabay.com/news/courts/criminal/law-class-discussion-raises-questions-about-daycare-operators-manslaughter/1228484

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Kerry Max Cook: "New motion alleges sergeant, not prosecutor, kept 35 year old murder weapon. Misconduct either way says his lawyer. KSLA12;

STORY: "New motion alleges sergeant, not prosecutor, kept 35 year old murder weapon," by reporter Melanie Torre, published by KSLA12 on May 4, 2012.

GIST: "In a motion filed Thursday, Kerry Max Cook's attorneys say further conversations with the Smith County District Attorney's office have determined it was a Tyler Police sergeant, not a Smith County prosecutor who kept evidence as a "souvenir".........Monday, Cook's attorneys submitted a motion stating Smith County Assistant District Attorney Mike West told them it was former Smith County District Attorney A.D. Clark, III who had improperly kept evidence. The evidence Cook's attorneys are referring to consists of the murder weapon and a slide of Cook's hair. In the latest motion, Cook's attorneys write, "That it may have been a police detective rather than a former District Attorney that kept this evidence as 'souvenirs' is of no matter; it is illegal, unethical and yet another example of misconduct in either instance."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.ksla.com/story/18149925/new-motion-alleges-sergeant-not-prosecutor-kept-35-year-old-murder-weapon

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Washington Post exposée: reflections on the vital role played by a whistleblower: Dr. Frederic Whitehurst: William Fisher: "The Real News."

STORY: "Justice delayed? Justice cancelled?," by William Fisher, published in "The Real News," on May 3, 2012. (Wikipedia informs us that, "The Real News is a member-supported, global online video news network. Launched in 2007 by Paul Jay, The Real News Network describes itself as "focused on providing independent and uncompromising journalism", on "the critical issues of our times".)

GIST: "The use of unscientific evidence to obtain convictions was not limited to Malone, according to Dr. Frederic Whitehurst, considered to be the premiere whistle-blower in this whole sordid episode. It was Whitehurst and his colleagues, lawyer David Colapinto, and the staff at the National Whistleblowers’ Center, who kept this story alive. Dr. Whitehurst originally exposed forensic flaws that may have led to many wrongful convictions, as reported in last week’s Washington Post front-page story. For years, Dr. Whitehurst has urged the Justice Department to act on systemic flaws that he witnessed while serving as the top explosives expert in the FBI Crime Lab. The NWC and Whitehurst assisted the Washington Post in its investigation into the Justice Department’s failure. In response to the widespread outrage and condemnation of the FBI lab and Dr. Whitehurst’s original whistleblower disclosures, the Justice Department formed a Task Force to review thousands of cases impacted by Dr. Whitehurst’s allegations and to determine if any individuals were wrongly convicted. Although the Justice Department and FBI pledged to correct their mistakes, documents obtained by the NWC through the Freedom of Information Act (FOIA) suggest a government attempt to suppress embarrassing mistakes at the expense of innocent defendants, lawyer Colapinto said. As reported by the Washington Post, convicted defendants were left uninformed of serious flaws in the forensic evidence presented in their cases long after the Justice Department had confirmed that serious problems existed, according to Colapinto. When he left the FBI Crime Lab in 1998 after 16 years of service, Dr. Whitehurst vowed to continue his work to find all the defendants harmed by the FBI’s misconduct. It was then he established the NWC’s Forensic Justice Project."

THE ENTIRE STORY CAN BE FOUND AT:

http://therealnews.com/t2/component/content/article/100-more-blog-posts-from-william-fisher/1008-justice-delayed-justice-cancelled

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Hank Skinner: David Protess explains why Texas is fighting so hard against DNA-testing; (Fortunately judges will have the last word. HL);

STORY: "Texas lawman to High Court: DNA testing "frivolous" in death penalty case," a commentary by David Protess, President of the Chicago Innocence Project, in the Huffington Post, on May 4, 2012.

GIST: "So what's really behind Texas' decade-long battle to prevent the testing? Last November, I reported in the Huffington Post that Texas feared what the results might reveal. When the D.A. who prosecuted Skinner secretly conducted tests on some of the evidence after the trial, he was stunned to learn that several of the results excluded Skinner. Bloody gauze from the front sidewalk, blood on a cassette recorder and hair taken from the female victim's hand -- all pointed to someone else. But who? Mounting evidence suggests that Twila Busby's uncle may have been in the home that night. He had been stalking her at a New Year's Eve party right before the murders, had left the party soon after she headed home, and was seen scrubbing clean his pick-up truck on New Year's morning. Perhaps most important, the uncle regularly wore a windbreaker exactly like the one found next to his niece's body. No wonder Texas lawmen don't want that jacket tested. No wonder they have gone to great lengths to fight forensics on the rape kit and murder weapons -- or any further DNA testing after the exculpatory results were reported to the D.A.'s office. Fortunately, the judges of the Texas Court of Criminal Appeals don't seem to be buying what the prosecution is selling."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.huffingtonpost.com/david-protess/hank-skinner-dna-testing_b_1476334.html

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Hannah Overton: Corpus Christi Texas; Her supporters are hopeful and her lawyer cites a rush to judgment; World Magazine;

STORY: "Optimistic: Hannah Overton’s supporters are hopeful that just-concluded hearings will lead to her exoneration," by reporter Amy McCullough published in "World Magazine " on May 3, 2012.

GIST: "Evidentiary hearings that could lead to freedom or a new triall for Hannah Overton—the Corpus Christi, Texas, mother imprisoned in 2007 after being accused of salt poisoning her 4-year-old foster child—have concluded in Texas District Court. Those supporting Overton believe the proceedings went in her favor. Despite earlier unsuccessful attempts for an appeal, Overton was given the opportunity for evidentiary hearings after her attorneys presented lab results they say were withheld at her previous trial, arguing that she received ineffective counsel. (See “Chance for appeal,” Feb. 14.).........When asked what went wrong in the Overton case, Orr (her defence lawyer HL) said, “I think the moral to the story is you don't do a capital murder [trial] in 10 days and arrest [someone] before the autopsy is even final. When you're dealing with rare disorders, you need to take your time and keep an open mind so that you know what's going on. I think the doctors did the best they could with what they had, but it wasn't good enough.” The state District Court has until early June to make a recommendation to the Texas Court of Criminal Appeals, which could release Overton, order a new trial, or throw out the new evidence."

THE ENTIRE STORY CAN BE FOUND AT :

http://www.worldmag.com/webextra/19476

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Cameron Todd Willingham: "Burned"; New documentary nears completion: Salon.

STORY: "New documentary of Cameron Todd Willingham in the works," by Scott Cobb, published by "Salon" on April 30, 2012.

GIST: "A new documentary on the case of Cameron Todd Willingham entitled “Burned” is nearing completion. According to the filmmakers, all the footage has been shot and the film is in post-production. “It’s coming along well! We’ve partnered with the Arson Research Project and are creating a transmedia project”, the filmmakers told us on Twitter. You can follow the project on Twitter @projectBurned.

THE ENTIRE POST CAN BE FOUND AT:

http://open.salon.com/blog/scottcobb/2012/04/30/new_documentary_on_todd_willingham_case_in_the_works

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Christopher Edwards: Nebraska; His appeal focuses on impact of alleged fake evidence. World-Herald.

STORY: "Edwards appeal focuses on impact of alleged fake evidence," by reporter John Ferak, published on May 3, 2012, by the World-Herald.

GIST: "An assistant Nebraska attorney general argued in court Wednesday that it’s immaterial whether David Kofoed planted blood evidence in a 2006 murder case, saying the evidence in question had no bearing on Christopher Edwards’ guilt. Assistant Attorney General Kimberly Klein told the Nebraska Supreme Court that the blood evidence indicating O’Grady met with foul play inside Edwards’ bedroom is not being challenged. The blood that Edwards’ defense attorney alleges Kofoed planted was used during Edwards’ trial to show that he disposed of Jessica O’Grady’s body, Klein argued. The comments came during oral arguments in an appeal Edwards filed over whether the former Douglas County crime lab manager planted blood evidence against him and, if so, whether that violated Edwards’ right to a fair trial.........The court took the attorneys’ arguments under advisement Wednesday and will issue its ruling later. Meanwhile, the court is still reviewing Kofoed’s appeal of his 2010 felony conviction in the Murdock case after hearing oral arguments last September. Kofoed is now in a work release program. His mandatory sentence will end in June."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.omaha.com/article/20120503/NEWS01/705039872

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Bennett Barbour: Virginia: AG Ken Kuccinelli seeks exoneration in 1978 rape sought by Innocence Clinic. DNA identified another man; AP.

STORY: "AG of Virginia joins with U. of Virginia Innocence Clinic in asking for exoneration," reported by the Associated Press on May 2, 2012. (Thanks to the Wrongful Convictions Blog for pointing out this case.)

GIST: "Attorney General Ken Cuccinelli is asking the Virginia Supreme Court to exonerate a James City County man wrongfully convicted of rape in 1978. The Richmond Times-Dispatch reports that Cuccinelli asked the court on Tuesday to expedite a writ of actual innocence for 56-year-old Bennett S. Barbour. Barbour’s lawyers with the University of Virginia School of Law’s Innocence Project Clinic requested the writ in March. Barbour was convicted of raping a College of William and Mary student in Williamsburg. DNA tests conducted in 2010 on material from the case didn’t find Barbor’s DNA. The tests identified the DNA of another man, James Moses Glass Jr."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.wvec.com/news/Va-AG-seeks-exoneration-of-wrongfully-convicted-Williamsburg-man-149805945.html

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog

Bulletin: Yet another lab scandal surfaces in Texas. Said to be linked to one particular forensic scientist.Wrongful Convictions Blog.

STORY: "Another lab scandal surfaces in Texas," by Martin Yant, posted on the Wrongful Convictions Blog on May 1, 2012.

GIST: "Texas, which loves to be No. 1 in everything, seems to be making a concerted effort to outdo other states in the number of wrongful convictions. Now it seems determined to be top dog in crime-lab scandals as well. The Texas Department of Public Safety has just warned district attorneys about errors in drug evidence analysis at its Houston regional lab. Officials said evidence that wasn’t properly tested could have resulted in faulty convictions since 2006 in Houston’s Harris County and several other counties that the lab serves. In an email to prosecutors in the affected counties, the Department of Public Safety said the errors appeared to all be linked to one forensic scientist who has been suspended."
THE ENTIRE POST CAN BE FOUND AT:

http://wrongfulconvictionsblog.org/2012/05/01/another-lab-scandal-
surfaces-in-texas/

SEE ALSO: THOUSANDS OF DRUG CASES UNDER THE MICROSCOPE IN TEXAS: (ABC 13);

http://abclocal.go.com/ktrk/story?section=news/local&id=8642715

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

(UK): Chris and Julia Norton; Took son to hospital with a bump on his head; Banned from being alone with kids for 7 months. The Mirror;

STORY: "We took our boy to A and E with a bump on his head...then we were banned from being alone with kids for seven months," by Nick Owens, published in the Mirror on April 29, 2012.

GIST: "A couple were banned from being alone with their two young children after they were wrongly accused of abusing their baby. Worried Chris and Julia Norton took 10-week-old Harry to ­hospital when a lump appeared on his head... but doctors blamed THEM for causing the injury. Harry was later ­diagnosed with osteogenesis ­imperfecta, a rare brittle-bone disease which means a light touch can snap his bones. But it was seven months before the ordeal was over.........Julia and Chris, 46, first took Harry to Hinchingbrooke ­Hospital in Cambridge after a bruise ­appeared on his chest in 2009. Doctors thought it was an ­allergic reaction to a spider bite and he was sent home. But more bruises followed. And when the lump ­appeared on his head, his anxious parents took him back to hospital. Julia said: “The doctor asked if we knew where it had come from. Then she said they were trained to suspect abuse.  I  couldn’t believe we were accused of ­harming our baby.”

THE ENTIRE STORY CAN BE FOUND AT:

http://www.mirror.co.uk/news/uk-news/we-took-our-boy-to-ae-with-a-bump-on-his-head-810869

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Hank Skinner: Top Texas criminal court hears his death row DNA plea: The Texas Tribune;

STORY: "Top criminal court to hear Hank Skinner and his death row DNA plea," by reporter Brandi Grissom, published in the Texas Tribune on May 2, 2012.

GIST: "Today, lawyers for Skinner, who is at the Polunsky Unit in Livingston, will argue to the court that legal impediments to the testing that previously existed are gone. DNA testing, they say in court documents, could reveal not only that the death row inmate is innocent, but it could point to the real perpetrator. “The State may well have the wrong man, and, in combination with exculpatory DNA results, evidence that would very likely leave a rational jury harboring reasonable doubt about his guilt,” Skinner’s lawyers wrote in a brief to the court. The court must only decide whether the results of DNA testing, combined with other evidence, could cause a jury to have reasonable doubt about Skinner’s guilt, his lawyers argue. Skinner’s lawyers theorize in court filings that it was Busby’s uncle, Robert Donnell, who killed her. Witnesses reported seeing Donnell, who has since died, harass Busby at a party the night before the killing. The two had previously had sexual encounters, he had a violent history and neighbors reported seeing him cleaning his truck with a hose and stripping the carpet from it days after the murders. Skinner’s lawyers contend that toxicology reports show that Skinner would have been too inebriated at the time of the crimes to have been physically capable of strangling Busby to unconsciousness, stabbing her 14 times and then stabbing her two large sons to death. Additionally, the one witness who said Skinner confessed to the murders — an ex-girlfriend of his — has since recanted her testimony, saying authorities coerced her. But lawyers for the state argued in a court brief that “nothing that DNA testing might reveal would lead a jury to acquit Skinner of involvement in these murders.”

THE ENTIRE STORY CAN BE FOUND AT:

http://digitaltexan.net/2012/state/top-criminal-court-hear-hank-skinner-death-row-dna-plea/article32936/#.T6IDB7-26Hk

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Stephanie Spurgeon: Startling development: Convicted of manslaughter in death of child. Her lawyers allege state withheld key evidence;

STORY: "Attorney: Evidence would have cleared Pinella's child-care provider: Babysitter Stephanie Spurgeon was convicted of manslaughter for the death of Maria Harris. New information has come to light and now her attorneys want a new trial ," by Yolanda Fernandez," published by News Channel 8 on May 2, 2012.

GIST: "Two months after a jury convicted Stephanie Spurgeon of manslaughter in the death of a child left in her care, her attorneys are claiming the state withheld evidence that could have changed the verdict. Today, Bjorn Brunvald, Spurgeon's attorney, filed a motion for dismissal or a new trial based on a Brady violation. Under the Brady rule, the state has a duty in criminal cases to disclose to a defendant all evidence favorable to the defense......... During the trial, 11 medical experts testified with differing opinions on what caused the injuries. .....Recently, Brunvald and co-counsel Ron Kurpiers, learned Pinellas County Medical Examiner Jon Thogmarten believed another child at the daycare could have caused Maria's injuries. The attorneys requested a meeting with Thogmarten to confirm the information. "We said this is the first we heard of that," Kurpiers said. "You didn't put it in your report. He emphasized to us that he had on multiple occasions relayed that information to the assistant state attorney," The information never made it to the defense attorneys before or during the trial, Kurpiers said. Spurgeon is scheduled to be sentenced next week. Under sentencing guidelines, she faces 15 years in prison."

THE ENTIRE STORY CAN BE FOUND AT:

http://www2.tbo.com/news/breaking-news/2012/may/02/attorney-evidence-would-have-cleared-pinellas-chil-ar-399204/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Gareth Williams; Security agency and police condemned over his death; Withholding of key evidence cited; The Guardian;

STORY: "M16 and Met condemned over Gareth Williams death: Coroner criticises intelligence agency for failing to report missing MI6 officer and rules he was probably killed unlawfully," by reporters Caroline Davies and Sandra Laville, published on May 2, 2012, by The Guardian.

GIST: "The coroner in the Gareth Williams case delivered a damning verdict that was highly critical of the Metropolitan police's counter-terrorism branch and MI6 as she ruled that the officer had probably been killed unlawfully. The cause of death of Williams, 31, who was found padlocked in a holdall in the bath at his flat in Pimlico, central London, was "unnatural and likely to have been criminally mediated", said Dr Fiona Wilcox. Passing a narrative verdict, she said she was satisfied that "a third party placed the bag in the bath and on the balance of probabilities locked the bag". She was, therefore, "satisfied that on the balance of probabilities that Gareth was killed unlawfully". Wilcox levelled devastating criticism at Williams's employers at MI6 who failed to report him missing for seven days when he did not turn up for work. The explanation from his line manager lacked credibility, she said, and she could "only speculate as to what effect this [delay] had on the investigation". The lawyer for the Secret Intelligence Service, Andrew O'Connor, delivered deep regrets and an unprecedented apology to the family from Sir John Sawers, chief of the SIS, who recognised that "failure to act more swiftly" when Williams was absent had contributed to their "anguish and suffering". Officers in the Met's counter-terrorism branch, SO15, whose role was to interview SIS witnesses, were also strongly criticised. SO15 failed to inform DCI Jackie Sebire, senior investigating officer, of the existence of nine memory sticks and a black holdall found at Williams's MI6 office until two days before the inquest ended, the coroner said. On discovering this, Wilcox said she had seriously questioned whether she should adjourn the inquest at that point. No formal statements were taken by S015 officers who interviewed Williams's colleagues, "and I find this did affect the quality of evidence heard in this court," she said."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.guardian.co.uk/uk/2012/may/02/gareth-williams-death-mi6

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Hassan Diab: Organization of Canadian scientists calls on Canadian justice system to nullify extradition order.

STORY: "Science for Peace" statement published on April 30, 2012. (Wikipedia informs us that: "Science for Peace is an organization of mainly Canadian scientists working together to promote peace worldwide. It was co-founded by mathematical psychologist Anatol Rapoport, and physicist Eric Fawcett, both former professors at the University of Toronto. It is based in Toronto, Ontario.")

GIST: "France has not even charged Dr. Diab, and the available evidence is highly flawed. Dr. Diab’s fingerprints and palm prints do not match the suspect’s. His physical description does not match and his handwriting does not match. Ontario judge Robert Maranger said that the allegations against him have been found “weak”, “suspect,” and “confusing” and that “the prospects of conviction in the context of a fair trial seems unlikely........In Canada, Dr. Diab was first imprisoned in 2008 for four months, then placed under strict house arrest and is strapped to a GPS monitoring bracelet. Both the Canadian Association of University Teachers (CAUT) and the Departments of Sociology and Anthropology at Carleton University deplored the dismissal of Dr. Diab from his position at the university. Justice for Dr. Diab is victim of a politicized judicial process in a milieu of Islamophobia. The flawed evidence is exactly like that used against Alfred Dreyfus in 1894 in an environment of anti-Semitism. Science for Peace calls on the Canadian justice system to nullify the extradition order and the onerous conditions of house arrest, to compensate him for his lost earnings and for the financial burden of his GPS device, and to ensure his reinstatement at Carleton university."

THE ENTIRE STATEMENT CAN BE FOUND AT:

http://www.scienceforpeace.ca/science-for-peace-calls-on-the-canadian-justice-system-to-nullify-the-extradition-order-for-hassan-diab

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Higashi-Sumiyoshi case: (2); Japan. "A dubious arson case," Wrongful Convictions Blog. New experiment leads to retrial but prosecutors appeal.

STORY: "A dubious arson case," - Higashi Sumiyoshi case - Part 2," by Kana Sasakura, published by the Wrongful convictions Blog on April 25, 2012.

GIST: "The new experiment was conducted on May 20, 2011, with a clerk from the prosecutor’s office present. The temperature on the day of the experiment was about the same as the day of the incident. They built the garage with the same kind of vehicle that was in Aoki and Boku’s garage. They reproduced everything including the gas water heater for the bathtub that was located in the garage, the bathroom and bath tub in the next room to the garage, the tilt of the floor of the garage. Boku stated in his confession at the investigation stage that he “spread 7.3 liters of gasoline on the floor of the garage, and lit a fire with a turbo-lighter”. Was this possible? Apparently not, according to the new experiment. It would have taken Boku 36 seconds to spread 7.3 liters of gasoline on the floor of the garage according to his confession. In the new experiment, when gasoline was spread on the floor, the instantly-vaporized gasoline from the floor caused the pilot burner of the gas water heater to blast into flames only after 20.8 seconds, and the whole garage was on fire within 1.6 seconds. It was clear from the new experiment that it was impossible to commit the crime in the way Boku described in his confession. This was a clear evidence that Boku’s confession, which was the main evidence of Aoki and Boku’s guilt in the original trials, was false and totally unreliable. The confessions were, as Aoki and Boku have always contended, false confessions forced out of them during long interrogations by the police. On March 7, 2012, the Osaka District Court ruled to grant retrial. Presiding Judge Kazuo Mizushima stated in the decision that the petitioners’ confessions were unreliable and unreasonable from a “scientific viewpoint”, taking into consideration the result of the new experiment. However, to the dismay of the supporters, the prosecutors instantly appealed the ruling, and the retrial petition is currently being reviewed by the Osaka High Court. It has been 17 years since the day of the incident. Aoki is currently at Wakayama Prison and Boku at Oita Prison, still serving their life sentences."

THE ENTIRE POST CAN BE FOUND AT:

http://wrongfulconvictionsblog.org/2012/04/25/a-dubious-arson-case-higashi-sumiyoshi-case-part-2-of-2/

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Gareth Williams: Inquest hears that M16 failed to hand over "nine computer memory sticks" to Scotland Yard. Sky News.

STORY: "Lawyer alleges M16 involvement in spy death," by reporter Mark Stone, published by Sky News on May 01, 2012,

GIST: "Anthony O'Toole, the Williams' family lawyer, made the accusation in open court during the 31-year-old GCHQ code breaker's inquest at Westminster Coroner's Court. The allegation came after it emerged MI6 failed to hand over nine computer memory sticks to Scotland Yard.........Members of Mr Williams' family shook their heads as DC Hall revealed his search of Mr Williams' office was called off shortly after the spy was found dead. Mr Hall said "there was stuff in there of a sensitive nature" in the bag but, when asked what, he said he could not remember. Mr O'Toole added: "That's about as helpful as a London pea souper." Earlier, Detective Chief Inspector Jackie Sebire, the police officer in charge of the investigation, returned to give evidence to the inquest and told the coroner she had no knowledge of the memory sticks, or the bag, until this morning. "Had I known about their existence, I would have expected them to be disclosed and any relevant information to be sent to my team," she said. It is not clear what relevance if any the sticks and the bag have to the investigation into Mr Williams' death, but DCI Sebire said that MI6 should have told her about their existence. It was also disclosed that MI6 searched some of Mr Williams' "electronic media" without telling the police."

THE ENTIRE STORY CAN BE FOUND AT:

http://news.sky.com/home/uk-news/article/16219308

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Jamel Billups and Jacqueline Rosario; Court gives green light to lawsuit against child-welfare workers; Courthouse News Service.

STORY: "Parents have case for false child-abuser label." by Erin Mcauley published by the Courthouse News on May 01, 2012.

GIST: "Harrisburg, Pa. Child-welfare workers cannot dismiss allegations that they falsely accused parents of abusing a 4-month-old who had in fact sustained injuries from a stroke and congenital rickets, a federal judge ruled. Jamel Billups and Jacqueline Rosario sued Franklin County and a host of Pennsylvania child-services entities six months ago for civil rights violations. The black couple claims that the Child Safety team at Penn State Hershey Medical Center accused them of child abuse when their daughter, L.B., suffered a stroke and showed signs of rickets on Oct. 19, 2009. Pennsylvania then allegedly seized L.B. and her 2-year-old brother, T.R., and sent them to foster homes. Jamel was jailed 414 days for a crime he did not commit, according to the complaint. The hospital, county, Office of Children, Youth and Families and Chambersburg Borough each filed separately with their individual employees to dismiss the claims. Chief U.S. District Judge Yvette Kane dismissed most claims last week, but said the Billups can proceed with due-process claims against Franklin County and two of its employees, Kari Coccagna and Minnie Tuner. Claims against the hospital and its staff failed largely for lack of evidence."
THE ACTUAL STORY CAN BE FOUND AT:

http://www.courthousenews.com/2012/05/01/46131.htm

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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

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

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

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.