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."
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/charlessmithThe 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:
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.
