Bulletin: Massachussetts State Police Crime Lab: Bad chemist may have caused many wrongful convictions. WBR.org.

STORY: "Bad chemist may have caused many wrongful convictions in Massachussetts" published by WBUR.org on August 31, 2012. (Our thanks to the Wrongful Convictions Blog for drawing attention to this important story);

GIST: "A chemist at the Massachusetts State Police crime lab in Jamaica Plain improperly handled drug evidence and breached procedures, leading police to worry about wrongful convictions and potential “miscarriages of justices” by corrupted evidence, state police said Thursday afternoon. Gov. Deval Patrick ordered state police to shut the lab down early Thursday as police and the attorney general’s office investigate possible “malfeasance” of a chemist at the lab that could affect thousands of drug cases over several years. Patrick ordered the lab closing after additional evidence came to light as part of an ongoing investigation looking at “improprieties” at the lab that conducts tests in drug cases. Within the last five days, state police investigators uncovered more improprieties than they originally thought, state police said during a press conference held at the Framingham headquarters. Investigators are looking at one chemist, who resigned in March. Police did not release the woman’s name. Thousands of drug cases will now have to be reviewed, Massachusetts State Police Superintendent Timothy Alben said. The crime lab largely handles drug evidence in Suffolk and Norfolk counties. “The potential is that we have people incarcerated or who have been wrongly prosecuted,” Alben said. “The consequences here are a miscarriage of justice. That is why we are taking this drastic step.”

The entire story can be found at:

http://wrongfulconvictionsblog.org/2012/08/31/bad-chemist-may-have-caused-many-wrongful-convictions-in-massachusetts/

PUBLISHER'S NOTE:

I am monitoring this situation.. 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.

Jennifer Del Prete: Medill Innocence Project barred access to infant's brain scans in shaken baby syndrome murder case;

STORY: "Judge bars access to infant's medical records: Medill Innocence Project investigation seeks brain scans," published by the Medill Innocence Project on August 28, 2012.

GIST: "A federal judge on Tuesday blocked access to brain scans of a deceased infant, detailed medical images the Medill Innocence Project is seeking as part of its investigation of the first-degree murder conviction of an Illinois daycare worker who says she was wrongfully convicted. In Chicago, U.S. District Court Judge Matthew F. Kennelly granted Northwestern University’s petition, on behalf of the Medill Innocence Project, to intervene in the case as a journalistic enterprise aiming to inform the public. But the judge denied the university’s motion to access medical records involved in the case. “Why should I disregard their privacy interests?” Kennelly asked at the hearing, referring to infant’s family. “It’s about as private as anything I can imagine.”........Medill undergraduate students have been probing the shaken-baby syndrome case since last March as part of an investigative journalism class supported by the Medill Innocence Project. The case hinges on complex medical understanding of a 3 1/2-month-old infant’s condition when she lost consciousness under the supervision of former Romeoville, Ill., daycare worker Jennifer Del Prete in 2002. A Will County judge sentenced Del Prete to 20 years in prison in 2005 for allegedly shaking Isabella Zielinski, resulting in her death nearly a year later. Given medical advances over the past decade, the detailed medical images found in the MRI and CT scans could shed light on what caused Isabella’s death, according to Northwestern Professor Alec Klein, director of the Medill Innocence Project. Del Prete awaits a hearing expected in December as part of her federal appeal."

The entire story can be found at:

http://mip.medill.northwestern.edu/blog/2012/08/28/judge-bars-access-to-infants-medical-records/

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: Drew Peterson: Prosecutors call own forensic experts in bid to rebut defence claims of accidental drowning as trial nears end; ABC News.

STORY: "Drew Peterson trial focuses on whether wife's injuries point to murder," by reporters Linsey Davis and Colleen Curry, published by ABC News on August 30, 2012.

GIST: "Prosecutors in the Drew Peterson murder trial lined up a series of forensic experts as the trial's final witnesses today to rebut defense claims that Peterson's third wife died by falling in her bathtub and drowning. The first of the prosecution's rebuttal witnesses today was Dr. Michael Baden, a nationally-known pathologist who has testified in numerous prominent murder cases. Peterson's defense lawyers have pointed to the initial autopsy following the death of Kathleen Savio which concluded she died from a fall in her bathtub. "I disagree with that opinion. The injury pattern, in my opinion, could not be caused by a fall," Baden said according to ABC News station WLS-TV. . The prosecution rested its case after calling an additional pathologist to describe Savio's injuries, winding down testimony in the high-profile trial. The jury will receive instructions on the case from judge Edward Burmila Friday, and closing statements will be made next Tuesday before deliberations begin."

The entire story can be found at:

http://abcnews.go.com/US/drew-peterson-case-focuses-wifes-injuries-point-murder/story?id=17112821#.UD_vfVRreHk

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: Tommy Zeigler; Seeks retrial. Hearing this afternoon. Orlando Sentinel.

STORY: "Hearing set today for Winter Garden convicted killer Tommy Ziegler," by reporter Jeff Weiner, published in the Orlando Sentinel on August 30, 2012.

GIST: "Today's case status hearing comes after the latest request by Zeigler for a new trial. Zeigler's defense lawyers says they have identified a witness who was originally named in detectives' reports of the shooting, but whose name was later explained away as the result of a typographical error. In its motion, Zeigler's defense argued the discovery shows the state hid key information from the defense at trial. The witness, identified as Robert Foster, could contradict the accounts of other witnesses, the defense says. The state has filed a response calling the defense's argument "untimely" and amounts to "nothing more than speculation." Zeigler's claims, the state says, "have no effect at all on the substantial evidence of Zeigler's guilt."

The entire story can be found at:

http://articles.orlandosentinel.com/2012-08-30/news/os-tommy-zeigler-death-row-hearing-20120830_1_zeigler-claims-charlie-mays-tommy-zeigler

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.

Amina Chaudhary: Smith case; Wants court to require police to preserve exhbits in murder cases. Asserts innocence. Day parole? CP.

STORY: "Woman convicted of killing ex-lover's nephew seeks another chance at day parole, by reporter Paola Loriggio, published by the Canadian Press on August 28, 2012.

GIST: "A convicted child-killer who wed another inmate and bore three children while serving a life sentence is once again seeking day parole, two years after having it revoked amid allegations she was mired in shady financial dealings. Amina Chaudhary, 50, was found guilty of first-degree murder in the 1982 slaying of her ex-lover's eight-year-old nephew, but has spent the decades since challenging her conviction and the resulting deportation order.........In a recent twist, the case spawned a campaign for the preservation of evidence after photo exhibits that Chaudhary's supporters believe might help prove her innocence seemed to vanish. "The best recourse she had for vindication has pretty much been taken away," said Alan Young, a lawyer and professor at York University's Osgoode Hall Law School. The school's chapter of the Innocence Project took Chaudhary as its first case and has since referenced her situation in an application that would force law enforcement to keep exhibits in murder cases unless the inmate gives permission to destroy them.........At her trial, however, now-disgraced pathologist Charles Smith testified that autopsy photos showed damage to Gupta's skull indicating boy had been knocked out before he was murdered. Attempts to find the photos and have them re-examined came to a dead end, stalling efforts to have Chaudhary's case reopened. Yet neither she nor her supporters have given up, Young said, noting the Innocence Project has heard from another witness and plans to file an affidavit in the coming months. "The case is far from closed," Young said. "It's just one of those claims of wrongful conviction where we're simply not getting all the pieces of the puzzle to come together." Chaudhary's unwavering desire to overturn her conviction has long been a source of concern for the parole board, documents show."

The entire decision can be found at:

http://www.winnipegfreepress.com/canada/woman-convicted-of-killing-ex-lovers-nephew-seeks-another-chance-at-day-parole-167803045.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: Ashley Smith; Ontario; New inquest begins Sept. 20. (First one marred by lack of disclosure to media. HL.) CP.

STORY: "Inquest into Ashley Smith death to start anew," published by the Canadian Press on August 29, 2012.

GIST: "The inquest into the death of a young women in an Ontario prison is set to start anew after facing numerous delays. Coroner Dr. Bert Lauwers said Wednesday that there will be a hearing in Toronto on Sept. 20 for those who wish to apply for standing at the inquest into the death of Ashley Smith. Smith, a 19-year-old from Moncton, N.B., choked herself to death with a strip of cloth at the Grand Valley Institution for Women in Kitchener, Ont., in 2007 while guards looked on.........Inquest proceedings began in May 2011 but have been fraught with delays, including the retirement of the coroner originally appointed to preside over the case."

The entire story can be found at:

http://www.ctvnews.ca/canada/inquest-into-ashley-smith-death-to-start-anew-1.934756

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.

Drew Peterson: Defence pathologists counter prosecution counterparts who testified his third wife's death was murder; Washington Post;

STORY: "Pathologists for defence: Drew Peterson's third wife died in accidental fall in her bathtub," published by the Washington Post on August 28, 2012.

GIST: "Forensic pathologists testified for the defense Tuesday that they believe Drew Peterson’s third wife died of an accidental fall in her bathtub, countering earlier testimony from state witnesses that her 2004 death was murder.........“These injuries are classic for a fall,” said Jentzen, director of pathology at the University of Michigan medical school. “She slipped and fell, she struck the left side of her body and her head violently against the side of the tub.” A second pathologist, Dr. Vincent DiMaio, echoed that. He said the 40-year-old likely slipped for several reasons, including a slick tub surface with no rubber mat and her possible use of bath oils."

The entire story can be found at:

http://www.washingtonpost.com/national/pathologists-for-defense-drew-petersons-3rd-wife-died-in-accidental-fall-in-her-bathtub/2012/08/28/ef1a23b8-f172-11e1-b74c-84ed55e0300b_story.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: Chavis Carter: His family responds with dismay through counsel to the reinstatement of the officers - and asks why the rush to judgment;

LITTLE ROCK, Ark. (KTHV) -- The law firm representing the family of Chavis Carter responds to the reinstatement of one of the two officers who arrested Carter when he committed suicide.

STORY: "Chavis Carter's family responds to rehire of trooper," by reporter Lindsey Tugman, published by KTHV on August 28, 2012.

GIST: ""The Jonesboro Police have reinstated both officers that displayed such a high degree of negligence that it lead to the loss of a life of a young man in their custody," Irwin said. "It continues to become abundantly clear that the Jonesboro Police Department was not only negligent the night of the shooting; it is also seemingly clear that they are becoming negligent in their investigation of the events that happened on July 28, 2012. This appears to be becoming more and more like an attempt to clear two officers of any wrongdoing than to discover the actual facts of what occurred that night young Chavis Carter lost his life." Irwin points to the absence of gun residue tests and missing audio and video provided by the Jonesboro Police Department, as well as selectively edited witness interviews released to the public. "We know they have not released all the information they have related to this case," Irwin said. "We know they did not complete gun residue testing on Chavis. We know they selectively chose sections of interviews to be released to the public instead of releasing the full interviews that could have helped the public better understand what happened. What happened leading up to him being taken into custody? What happened to the video? What happened to the audio? What has happened with the investigation since then?" "And most importantly why," Irwin continued. "Why is the Jonesboro Police Department so determined to overlook such pressing issues and take such a rush to judgment?""

The entire story can be found at:

http://www.todaysthv.com/news/article/224163/2/Chavis-Carters-family-responds-to-rehire-of-trooper

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: Chavis Carter; Officer back at work after squad car shooting. Family does not accept explanation of video's lack of gunshot or noise. AP.

STORY: "Ark. officer back at work after squad car shooting," by reporter Jeannie Nuss, published by AP on August 27, 2012."

GIST: "Jonesboro Police Chief Michael Yates said Officer Keith Baggett returned to work after an internal investigation cleared him of wrongdoing in the shooting death of 21-year-old Chavis Carter. An autopsy report concluded that Carter — whose hands were cuffed behind his back — shot himself in the head, though his family has been demanding more information from police.........Police have said the investigation into Carter's death is ongoing, and the FBI has said it is monitoring the case. Police previously released video recorded from dashboard cameras the night of the shooting, but the footage didn't appear to show when officers found Carter slumped over and bleeding in the backseat of a patrol car as described in a police report. Authorities said there were problems with the audio and video that explain the absence of a gunshot or noise on the recordings, though the lawyer for Carter's family hasn't accepted that explanation."

The entire story can be found at:

http://www.sfgate.com/news/article/Ark-officer-back-at-work-after-squad-car-shooting-3818741.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.

Freddy Patel: Labour MP Michael Meacher on "The disturbing implications of Freddy Patel."

COMMENTARY: "The disturbing implications of Freddy Patel" by UK Labour MP Michael Meacher. (Oldham West and Royton);

GIST: "The disgraced pathologist, Freddy Patel, has now been stripped of his right to practice. However, it is deeply disturbing that accountability for his malpractice has taken a whole decade to come into effect. The failure of the authorities to act on the evidence of misconduct, incompetence and dishonesty over public issues of such importance throughout such a long period of time raises very serious questions about whether the framework for calling such shortcomings and defectiveness to account is really fit for purpose....But why did Paul Matthews, the City of London coroner, appoint Patel in the first place in 2009 for the Tomlinson inquest? In all the furore over several years about Patel’s incompetence and dishonesty, this seems an extraordinary foolish, risky and unnecessary choice. What were the reasons behind it? Had he been lobbied by anybody who wanted an acquittal for PC Harwood?" The entire commentary can be found at:

http://www.michaelmeacher.info/weblog/2012/08/the-disturbing-implications-of-freddy-patel/

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: Douglas Prade: New DNA tests clear him. Hearing for new trial to be held in October; Akron Beacon Herald Journal;

STORY: "Hearing for new trial in Prade case set for October," by reporter Ed Meyer, published in the Akron Beacon Herald Journal on August 21, 2012.

GIST: "At issue in the upcoming hearing will be a 2-inch by 3-inch swatch cut from Dr. Prade’s lab coat shortly after her death. The circular mark is where the killer is believed to have bitten her during a struggle in which she was shot six times. The new genetic tests found male DNA on the lab coat over the site of the bite mark that excluded Prade as the source. Hunter, according to the county prosecutor’s office, has three options for her ruling at the upcoming hearing: Prade is innocent and, therefore, his case should be dismissed; a new trial is warranted based on the new test results; or there is no exonerating evidence and his convictions should stand. Summit Prosecutor Sherri Bevan Walsh has said the jury verdicts should not be overturned because the test results do not identify a new suspect or pinpoint when the DNA was deposited on the lab coat."
The entire story can be found at:

http://www.ohio.com/news/local-news/hearing-for-new-trial-in-prade-case-set-for-october-1.328552

See comprehensive Associated Press story at:

http://www.huffingtonpost.com/huff-wires/20120825/us-bite-mark-dna/

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.

David Wiggins: DNA test shows innocence. Star-Telegram. (Case shows why barriers to to post-conviction testing must be removed. HL);

STORY: "DNA testing shows innocence in rape conviction," published in the Star-Telegram on August 21, 2012.

GIST: "After being imprisoned on a life sentence for a rape he did not commit, a Tarrant County man is close to being given the justice that has eluded him for almost 25 years. David Lee Wiggins was convicted for the 1988 sexual assault of a 14-year-old Fort Worth girl who said the attacker broke into her home. Although the rapist reportedly put a towel over the girl's face, she said she removed it three times and later identified the man as Wiggins. Even though motions for DNA testing were filed before and after his trial, they were denied because the judge and prosecutors didn't believe the technology was good enough at the time to get results using the limited amount of biological material available. But Wiggins kept saying he was innocent. After his attorney filed for post-conviction DNA testing in 2007, the Tarrant County district attorney's office agreed, but a nationally recognized laboratory "issued three reports with mixed results," the office said in a news release. The Innocence Project of Texas kept trying on Wiggins' behalf. In August 2010, the organization sought more-sophisticated testing. This month, results from a California lab excluded Wiggins as the rapist."

The entire story can be found at:

http://www.star-telegram.com/2012/08/21/4196752/dna-testing-shows-innocence-in.html

See: KVUE story (August 24, 2012) on his release:

http://www.kvue.com/news/167393765.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.

Kristine Bunch: New science shows she could not have committed arson crime. So her lawyer asks why state wants a new trial. (Good question! HL);

STORY: "Mother convicted of killing her son, three, walks free after spending 16 years in jail for a crime she says she did not commit," published in the Daily Mail on August 23, 2012.

SUB-HEADINGS: "Kristine Bunch was sentenced to 60 years in prison in 1996 after a jury convicted her of killing three-year-old Tony in arson attack; Bunch accused of pouring Kerosene in the bedroom of her son and the living room of her mobile home before setting it ablaze; But the Court of Appeal orders retrial after new evidence casts doubt on conviction; Tony died of carbon monoxide poisoning which would not be possible had fire started in his bedroom.

GIST: "A mother jailed for murdering her young son in an arson attack has been released from prison after spending 16 years behind bars for a crime she insists she did not commit. Kristine Bunch, 38, was sentenced to 60 years in prison in 1996 after a jury convicted her of pouring kerosene in the bedroom of three-year-old Tony and setting it on fire. But scientific breakthroughs and new evidence has cast doubt on the original conviction..........Bunch's attorney, Ron Safer, said prosecutors ‘did exactly the right thing’ by asking for a low bond, but he was disappointed they still planned another trial in light of scientific advances that he said suggest there was no real evidence of arson. Prosecutors have had little to say except that they are seeking a gag order to restrict attorneys' public comments on the case. A hearing on their request is scheduled for August 30, and Bunch was ordered to attend."

The entire story can be found at:

http://www.dailymail.co.uk/news/article-2192379/Mother-convicted-killing-son-walks-free-spending-16-years-jail-crime-says-didnt-commit.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.

Innocence and chemistry: Innocence Project calls on chemists to support forensics reform. Nature.

STORY: "Forensic investigation needs more science: Innocence Project calls on chemists to support forensics reform," by Daniel Cressey, published in "Nature" on August 23, 2012. (Our thanks to the Wrongful Convictions Blog for pointing out this important story);

GIST: "Neufeld (C0-director of the Innocence Project) says that misuse of forensic science is a major factor in nearly half the cases investigated by the Innocence Project. He is calling on chemists to lobby Congress individually and through the ACS (American Chemical Society) in support of the bill. But he also wants more scientists to engage with forensic science research. “What we want to do is make forensic science more about science and less about law enforcement,” he says, so it becomes an impartial assessor of evidence rather than a branch of law enforcement. This call was echoed by Frederick Whitehurst, a chemist and former investigator for the US Federal Bureau of Investigation. “What we seem to know in the world of science is that there are some real problems in the world of forensic science, and we’d rather work on something cleaner,” he told an ACS session on chemistry and the law. “We don’t seem to want to work with dirty crime sciences.” Whitehurst says that crime-laboratory technicians are often under pressure to produce evidence that agrees with police or prosecutor theories. Scientists can “run into a sledgehammer” when their evidence doesn't confirm prosecutors’ hypotheses, says Whitehurst, potentially putting their careers at risk. Greg Hampikian, a geneticist at Boise State University in Idaho and director of the Idaho Innocence Project, told the meeting that he regularly has nightmares about the ease with which innocent people can be convicted because of flaws in forensics systems."

The entire story can be found at:

http://www.nature.com/news/forensic-investigation-needs-more-science-1.11271

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.

Chavis Carter: AP reports that his girlfriend told police he called her from the car - and that he had a gun with him.

STORY: "Police: Woman says man called from the Ark. squad car," by reporter Jeannie Nuss, published by AP on August 23, 2012.

GIST: The girlfriend of a man who was fatally shot in the back of an Arkansas patrol car told an investigator that he called her from the car and said he had a gun with him, police said Wednesday. Jonesboro police offered those and other new details in a four-page statement about the investigation into the July 28 death of 21-year-old Chavis Carter. The death was ruled a suicide in an autopsy report released earlier this week.........Benjamin Irwin, a Memphis, Tenn., lawyer representing Carter's family, said Wednesday that he was reviewing the latest information from police. "I think the critical points still remain that this young man was in police custody," he said. "He lost his life at a time when they had a responsibility and duty to protect him." Police have been facing criticism since they said officers searched Carter twice but didn't find a gun before he was fatally shot in a patrol car. Race is also an issue in the case because Carter was black and police have said the two officers who stopped the truck he was in are white.

The entire story can be found at:

http://www.google.com/hostednews/ap/article/ALeqM5hSdv992EcgKwdxXRRulv2jg04TCA?docId=31c036867a6241d084b6c5f7fefd3ad6

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.

Lindy Chamberlain: Michael Chamberlain takes on the Crown's experts and their flawed forensic evidence in "Heart of Stone." The Age.

STORY: Reporter Malcolm Brown's review of Michael Chamberlain's recently published book "Heart of Stone," published by "The Age" on August 11, 2012, under the heading, "A dingo took his life."

GIST: "The book underlines the depth of prejudice against the Chamberlains by a Northern Territory police force and administration desperate to keep alive their image of order and reliability. An NT detective, Kevin Lincoln, who had information supporting the dingo-attack scenario, was not allowed to give evidence at the second coroner's inquest or the trial. Frank Gibson, a one-time NT policeman assigned to guard and spy on the Chamberlains, but who formed a favourable view of them, was threatened within the force. The NT administration comes out poorly, having to be dragged ''screaming and kicking'' to the royal commission and stubbornly refusing to concede very much.........The case looms larger than the people involved. At issue were questions of scientific technique, validity of scientific evidence - including how much the manner in which such experts present their evidence can affect a jury - the mindset that saw Aborigines not used as witnesses at the second inquest or trial, problems with pre-trial publicity, and the capacity of Australians to tolerate those who did not fit the mould. T-shirts with vicious jokes were printed in Darwin, one showing a pair of bloodied scissors and the message: ''Watch out Kahlia! Mummy's coming home!' The book takes the reader on a journey that befell a perfectly normal family on a carefree holiday to Uluru, which became a tragedy for them and the nation."

The entire review can be found at:

http://www.theage.com.au/entertainment/books/a-dingo-took-his-life-20120809-23v6a.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;

Chavis Carter: Ark. Rev. Jesse Jackson calls for federal intervention - says 1983 Civil Rights Act applies to Carter case; ABC24.

STORY: "Jesse Jackson casts further doubt on Chavis Carter investigation," by reporter Jackie Orozco on ABC24, on August 22, 2012.

GIST: "Chavis Carter is the 21 year old Southaven man who died from a gunshot wound. It happened in the back seat of a Jonesboro police car while he was handcuffed. The Arkansas state crime lab ruled it a suicide. Rev. Jackson wants the FBI and the Department of Justice to get involved in this case. Rev. Jackson says a 1983 Civil Rights Act applies to the Carter case. The law calls for a special prosecutor to hold the Jonesboro Police Department accountable for Carter’s murder.........The reverend says it's hard to believe the police’s story that Carter killed himself when he was frisked twice, handcuffed, and then 3 minutes of dash cam video is missing during the time of the shooting. "President Nixon had a gap in his tape. It's not unusual for people who are trying to cover up and have convenient gaps in their tapes. Really it's a gap in the truth,” said Rev. Jackson."

The entire story can be found at:

http://www.abc24.com/news/local/story/Jesse-Jackson-Casts-Further-Doubt-in-Chavis/fsxr8cx9mEOc8Xj9a-lJqA.cspx?rss=59

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: Reginald Tanubagijo; Cal. Defence lawyer to challenge "shaken baby syndrome" evidence - cites misclassified "shaken baby" deaths.

STORY: "Foster dad pleads not guilty in Solano County" by reporter Ryan Chalk, published in "The Reporter" -Vacaville, California - on August 16, 2012.

GIST: "Two experts called to testify by prosecuting Deputy District Attorney Terry Ray noted that the severe retinal hemorrhaging that doctors observed in the child's eyes was consistent with abusive head trauma, formerly known as shaken baby syndrome.........Martinez criminal defense attorney Jaye Ryan, stated that Tanubagijo was feeding the baby, who was in a Boppy chair -- a cushioned support seat -- placed on top of a table when his foot accidentally stepped on a portion of the tablecloth, sending the chair and child tumbling to the tile floor. Ryan indicated she may file motions to exclude certain scientific evidence at trial that is not the result of a theory that has "general acceptance" in the scientific community. She spent a considerable amount of time during the probable-cause hearing quizzing the prosecution's experts on their knowledge of the evolving theories surrounding shaken baby syndrome and confronted experts with research to suggest that many "short fall" deaths have been misclassified as "shaken baby" deaths over the years."

The entire story can be found at:

http://www.thereporter.com/ci_21325731/foster-dad-pleads-not-guilty-solano-county

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.

Dr. Freddy Patel: Banned from practicing as a doctor after panel finds, "a deep-seated attitudinal problem." The Independent.

STORY: "Ian Tomlinson pathologist Freddy Patel struck off," by reporter Pat Hurst, published in the Independent on August 23, 2012.

GIST: "Dr Freddy Patel was finally banned from practising as a doctor despite being investigated numerous times and suspended on two previous occasions by medical watchdogs over his shoddy work dating back a decade. ........The Rev Robert Lloyd-Richards, chairman of the MPTS fitness to practise panel which heard the case, told Patel he had an "unwarranted confidence" in his ability, "a deep-seated attitudinal problem" and also "lacked insight".

The entire story can be found at:

http://www.independent.co.uk/life-style/health-and-families/health-news/ian-tomlinson-pathologist-freddy-patel-struck-off-8076018.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;

Chavis Carter: Bulletin: AP reports that Arkansas state lab did not perform gunshot residue test; Family lawyer calls the omission "horrible".

The entire story can be found at:

http://abcnews.go.com/US/wireStory/family-answers-handcuffed-death-17052780#.UDYNiERreHk

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.

'The Skeptical Juror." David Protess' take on J. Bennett Allen - scientist turned blogger: "An unlikely watchdog over the criminal justice system."

STORY: "The skeptical juror and the Texas condemned man," by David Protess, published in the Huffington Post on August 14, 2012.

GIST: "He is an unlikely watchdog over the criminal justice system, a 64-year-old former aerospace engineer from Southern California with no formal legal training. Yet his blog, The Skeptical Juror, has rapidly become must-reading for journalists, lawyers and lay persons interested in wrongful conviction cases that otherwise might escape attention. Meet the man behind the blog, J. Bennett Allen, who stopped an injustice in its tracks as a juror in a 2007 child molestation trial. Allen, the foreperson, came to believe the defendant was innocent. The 11 other jurors thought otherwise. Using his training as an engineer, Allen skeptically questioned each piece of evidence until -- in a scene that reprised Henry Fonda's 12 Angry Men -- he converted all but two of the jurors. The judge declared a mistrial, the defendant was eventually freed and Allen morphed from a skeptical juror to The Skeptical Juror."

PUBLISHER'S NOTE: For several years I have been admiring and occasionally reporting on J. Bennett Allen's application of his razer-sharp scientific mind to exposing flaws in criminal cases through his many books and his blog. It is a pleasure to see that David Protess, President of the Chicago Innocence Project, is also fascinated by this eclectic "unlikely watchdog over the justice system. Harold Levy: Publisher: The Charles Smith Blog.

The entire story can be found at:

http://www.huffingtonpost.com/david-protess/the-skeptical-juror_b_1772516.html

Connect with "The Skeptical Juror" at:

http://www.skepticaljuror.com/

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: Kristine Bunch; Arson "science" case. AP reports that after 16 years in prison she has been set free on bail pending a new trial.

STORY: "Ind. mom convicted in son's death released," published by Associated Press on August 22, 2012.

GIST: Ind. "Experts from the Center on Wrongful Convictions at Northwestern University School of Law said scientific advances suggest the fire wasn't deliberately set. The Indiana Court of Appeals ruled in March that prosecutors should have provided Bunch's defense with a lab report that allegedly found no trace of kerosene in her son's bedroom. "

The entire Associated Press story can be found at:

http://www.huffingtonpost.com/huff-wires/20120822/us-arson-death-appeal/

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.

Chavis Carter: Ark. Editor's Note; Newsone. Drugs in system did not make him "a magical contortionist with a spontaneous death wish." Must Read.

STORY: "Chavis Carter: Autopsy reveals Meth,various drugs in his system," by Associated Press and Newsone on August 21, 2012.

GIST: "Newsone "Editor's Note: "The following findings do not suggest in any way that Chavis Carter committed suicide, handcuffed in the back of a police car, with a hidden gun that eluded two searches. It is the opinion of this editor that just because Carter had drugs in his system, it does not make him a magical contortionist with a spontaneous death wish. As previously reported by NewsOne.com, the autopsy report -- conveniently -- does not indicate whether or not gun residue was found on his hands..........The autopsy report comes days after police released dashboard camera video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car, as was described in a police report. Police later released additional video they said was recorded after Carter was found.Neither included the moment they say Carter shot himself, and the footage did little to resolve questions about how the shooting could have happened. Jonesboro police previously had released a video reconstruction of the shooting showing how a man could shoot himself in the head with his hands cuffed behind him. In producing that video, the agency said it used the same type of handcuffs used on Carter and the same model of handgun found near him after he died: a .380-caliber Cobra semi-automatic. An officer of similar height and weight as Carter sat in the back of a cruiser, leaned over and was able to lift the weapon to his head and reach the trigger.The autopsy report said Carter was about 5-foot-8 and that his body weighed 150 pounds."

The entire story can be found at:

http://newsone.com/2031840/chavis-carter-autopsy-report/

Related News Development: Reverend Jesse Jackson to address the case today - and lead a prayer service in Memphis. (Arkansas Matters):

http://arkansasmatters.com/fulltext?nxd_id=575412

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: Hundreds of Texas arson convictions under review. Star-Telegram.

STORY: "Effort continues to examine Texas arson convictions," by reporter Yamil Berard, published in the "Star-Telegram" on August 4, 2012.

GIST: "Texas criminal justice watchdogs are examining records from hundreds of arson convictions to try to weed out examples of the same junk science that was used in the Cameron Todd Willingham conviction. At the request of the state's top forensic panel, the Texas Innocence Project has discovered that the majority of Texas' 1,025 arson-related crimes in recent years amount to trash bin fires and crimes of men who torch their girlfriend's drapes. Of those, a dozen could echo the faulty science that was used to convict Willingham of the arson that killed his three young daughters, said Jeff Blackburn, chief counsel for the Innocence Project of Texas. "We might actually get some innocent people out of prison, and that's our goal," Blackburn said. By endorsing Blackburn's work, the Texas Forensic Science Commission is expected to send a clear message to fire investigators in the state of the proper protocols to use in handling arson-related cases. For many months, commissioners have been calling for additional reviews of arson-murder cases like Willingham's because evidence was analyzed by methods now called into question or proved wrong. Commissioners issued a report on the Willingham case that highlighted examples of some of that outdated science and said that some methods used were little more than an oral history passed down from older fire investigators to newer arson investigators."

The entire story can be found at:

http://www.star-telegram.com/2012/08/04/4154746/effort-continues-to-examine-texas.htmlsmithforensic.blogspot.com

See also the Frontline story on the arson cases review which can be found at the following link along with "Death by Fire" - an excellent movie on the Willingham case.

http://www.pbs.org/wgbh/pages/frontline/death-by-fire/

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: Chavis Carter: Arkansas: Death of handcuffed man in police car a suicide? (NPR);

STORY: "Death of handcuffed man in police car ruled a suicide," by Krishnadev Calamur, published by NPR on August 20, 2012.

GIST: "A 21-year-old man whose hands were cuffed behind him in the back seat of a police car in Arkansas killed himself with a concealed handgun. That's according to an autopsy report released Monday into the death of Chavis Carter. Carter died July 28 after being detained during a traffic stop. Police said he had an outstanding arrest warrant – later revealed to be drug-related. The driver and the passenger of the vehicle he was in were allowed to go. Police searched Carter twice, but found no gun. The state crime lab report said a gun's muzzle was placed against Carter's temple when it was fired. The Associated Press says the report was signed by three medical examiners. In ruling the death a suicide, the Arkansas State Crime Labratory report said the manner of death is based on both autopsy findings and the investigative conclusions of the Jonesboro Police Department.........According to the AP, the Jonesboro Police Department released a video re-creation of the shooting that shows how a man could shoot himself in the head with his hands cuffed behind him. The suicide ruling as well as the police video have been criticized. "That's a cold-blooded calculated lie," Dr. Isaac Richmond, national director of the Memphis-based Commission on Religion and Racism, told the Los Angeles Times. He called suicide "incredibly impossible under those conditions.""

The entire story can be found at:

http://www.npr.org/blogs/thetwo-way/2012/08/20/159416070/death-of-handcuffed-man-in-police-car-ruled-a-suicide?sc=ipad&f=1001

See Washington Post story: "Family wants answers," at following link:

http://www.washingtonpost.com/national/family-of-man-shot-in-arkansas-patrol-car-while-handcuffed-want-more-answers-about-his-death/2012/08/21/167803f4-ec04-11e1-866f-60a00f604425_story.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.

Dr. Freddy Patel: U.K. Pathologist found unfit to practice as "dishonesty" is cited. Sentencing hearing later this week. The Independent.

STORY: "Ian Tomlinson pathologist Freddy Patel found unfit to practice," by medical correspondent Stephen Adams, published by the Independent on August 21, 2012.

SUB-HEADING: "Freddy Patel. the pathologist responsible for the first post-mortem on Ian Tomlinson, who died after being pushed to the ground by a police officer in the G20 protest has been found unfit to practice."

GIST: "The Medical Practitioners Tribunal Service (MPTS) ruled that Dr Freddy Patel’s fitness to practise was “impaired by reason of misconduct”. The panel concluded he had acted with "deficient professional performance" over his post-mortem investigation into the death of Mr Tomlinson. Dr Patel had found that the newspaper vendor died of coronary artery disease, but the MPTS said that was wrong. It will decide whether or not to strike him off the medical register in the coming days, possibly on Thursday. The panel found that Dr Patel had "brought the profession into disrepute" and that his integrity could not be relied upon..........He also breached one of the "fundamental tenets of the profession" through his dishonesty, the panel said. After Dr Patel’s post mortem on Mr Tomlinson, further medical reports were undertaken in the light of film footage showing he had been pushed to the ground by PC Simon Harwood. These reports suggested that, in fact, Mr Tomlinson died from an injury to his liver that caused internal bleeding and then cardiac arrest."

The entire story can be found at:

http://www.telegraph.co.uk/health/healthnews/9490190/Ian-Tomlinson-pathologist-Freddy-Patel-not-fit-to-practise.html

FOR COMPREHENSIVE GUARDIAN STORY:

http://www.guardian.co.uk/uk/2012/aug/21/freddy-patel-guilty-misconduct-tomlinson?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.

Govinda Mainali: Amnesty International calls for reform of fundamental flaws in Japan's criminal justice system illustrated by the case.

STORY: "Mainali case must lead to reform of daiyo kangoki system," by Amnesty International. published on July 31, 2012.

GIST: "Amnesty International welcomes today's decision by the Tokyo High Court in the case of Govinda Prasad Mainali. The Court rejected a challenge by the Tokyo High Public Prosecutors Office to its previous order in June 2012 directing a retrial in the case of Mainali, imprisoned for the past 15 years for murder.........Although the High Court has ordered a retrial on issues relating to the investigation, Mainali's case also highlights other fundamental flaws in Japan's criminal justice system that remain unaddressed. After the initial arrest in 1997, Mainali's lawyers were not permitted to be present during interrogations. Under the daiyo kangoku (substitute prison) system, suspects are detained for up to 23 days with limited access to a lawyer. Lawyers are not permitted to be present during interrogations. In April 1997, one of Mainali's lawyers tried to visit him at Shibuya Police Station but was refused access by the police, who said that he had been sent to the Prosecutor's office in connection with the murder case. On arriving at the Prosecutor's office, the lawyer was refused access once again and was told that his client was undergoing 'voluntary' interrogation. Mainali told his lawyers that during interrogations conducted in detention during the pre-trial daiyo kangoku system, the police had shaken, pushed, beaten and kicked him and used a table to pin him against a wall. Although the District Court ordered the authorities to pay 350,000 ¥en in damages for the denial of access to the lawyers, there was no independent investigation into Mainali's complaints of ill-treatment. Mainali's case is the latest in a series of miscarriages of justice in Japan and also highlights the serious problems with Japan's daiyo kangoku (substitute prison) system. Amnesty International also calls therefore on the Japanese government to: ** Abolish or reform the daiyo kangoku system to bring into line with international standards; ** Ensure that detainees are entitled to have legal counsel present during interrogation sessions; ** Ensure audio and video recordings and transcripts of all interrogation sessions, including a record of the identity of all persons present. The recordings and transcripts should also be made available to the detainee and their lawyer. ** In addition, establish audio and video surveillance of all areas of custody facilities where detainees may be present, except where this would violate detainees' right to privacy or to confidential communication with their lawyer or with a doctor. Recordings should be kept in secure facilities for a reasonable period and in the event of a complaint be made available for investigators, individuals who have made a complaint and their representatives.".

The entire story can be found at:

http://www.noodls.com/viewNoodl/15364497/amnesty-international-australia/japan-mainali-case-must-lead-to-reform-of-daiyo-kangoku-sys

For Wikipedia background on this case go to:

http://en.wikipedia.org/wiki/Murder_of_Yasuko_Watanabe

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: sentenced to 15 years for death of 1 year old in her care. (Manslaughter); Had argued natural cause of death.

STORY: "Palm Harbour day care owner gets 15 years for 1-year-olds death," by reporter Curtis Krueger, published in the Tampa Bay Times on August 20, 2012.

GIST: "Former Palm Harbor day care owner Stephanie Spurgeon was sentenced on Monday to the maximum 15 years in prison for the death of a 1-year-old girl in her care.........Defense attorneys during the trial pointed out that no one saw Spurgeon hurt Maria, and presented evidence suggesting she died of natural medical conditions, not trauma. But Assistant State Attorney Holly Grissinger said on Monday that evidence proved Spurgeon "hurt this child in such a way that she tore her brain and made her eyes bleed.""

The entire story can be found at:

http://www.tampabay.com/news/courts/criminal/palm-harbor-day-care-owner-gets-15-years-for-1-year-olds-death/1246803

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: Kristine Bunch; Ind. Arson "science" case. May be freed on bond this week pending new trial on murder and arson charges, lawyer says. AP.

BULLETIN: "Ind. mom convicted in son's death could be freed," published by The Associated Press on August 20, 2012.

GIST: "An attorney for an Indiana mother convicted of setting a 1996 fire that killed her 3-year-old son expects her to be released on bond this week as she awaits a new trial on charges of murder and arson. ........The state appeals court on Friday ordered a Decatur County court to either reinstate Bunch's original $5,000 bond or hold a new bond hearing by Wednesday afternoon. The appeals court overturned the 38-year-old woman's conviction in March after her lawyers argued new science shows there was no evidence of arson in the mobile home fire."

The entire story can be found at:

http://www.wane.com/dpp/news/indiana/ap_indiana/Ind-mom-convicted-in-sons-death-could-be-freed_01043399

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.

South Australia: Prof. Bibi Sangha credited with clearing the path to wrongful convictions. Flawed forensic evidence targeted. Flinders U.

STORY: "Clearing path to wrongful convictions" published by Flinder's University on July 31, 2012.

GIST: South Australia is set to overhaul its criminal appeals process for the first time in almost a century, thanks in part to research and advocacy by Flinders law lecturer Ms Bibi Sangha. A Legislative Review Committee has made a recommendation to set up a new statutory right of appeal that will enable prisoners with evidence of a wrongful conviction to directly approach the courts. It was a 2010 book written by Ms Sangha, Dr Bob Moles and Professor Kent Roach on unjust convictions stemming from flawed forensic evidence that first prompted Ann Bressington MLC to propose the establishment of a Criminal Cases Review Commission (CCRC), along UK lines.........“We highlighted in our book and in our submission to the inquiry that a common cause of wrongful convictions is the admission of unreliable forensic evidence,” Ms Sangha said. “It can have a seriously prejudicial effect on the minds of jurors – and is frequently not sufficiently scrutinised by judges or probed or tested by defence lawyers.”"

The entire article can be found at:

http://blogs.flinders.edu.au/flinders-news/

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.

Kevin Cooper: "A matter of life and freedom: The Wrongful conviction of Kevin Cooper," by photojournalist Anita Kinley. Must Read.

Story: "A matter of life and freedom: The wrongful conviction of Kevin Cooper," by Anita Kinley, an independent photojournalist based in Hot Springs, Arizona, published on July 31, 2012.

GIST: "After learning about Mr. Cooper’s situation and the circumstances surrounding his wrongful conviction, I knew I had to tell his story. Was he the man in my dream? Maybe, or a symbolism for the many individuals wrongfully convicted and imprisoned each year in the American Criminal Justice System. It is my desire, that after you learn about Kevin’s struggle, that your voice will not be silent until the State of California sets him free. He is an innocent man!"

The entire post can be found at:

http://anitakinley.com/a-matter-of-life-and-freedom-the-wrongful-conviction-of-kevin-cooper/

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.

Shaken Baby Syndrome: Florida; New trial ordered after judge refused to allow defence to call a biomechanical expert; "On SBS" Blog.

STORY: "A successful appeal," published on the "On SBS" blog. (We are grateful to the "On SBS" blog for bringing this case to our attention. HL);

GIST: "An appeals court in Florida has partially reversed a shaking conviction, ordering a new trial because the first judge had excluded biomechanical testimony.........From the decision: "Assuming the trial court erred in excluding Dr. Lloyd’s testimony, the state argues any error was harmless beyond a reasonable doubt because (1) appellant presented testimony from Dr. Edward Willey, a former medical examiner who practiced forensic medicine, that the victim’s injury could have been the result of the victim’s own rambunctiousness or playing; and (2) defense counsel’s primary argument during trial was the victim’s injuries could have been intentionally inflicted by the victim’s mother. However, Dr. Lloyd’s testimony was not merely cumulative to the testimony of Dr. Willey, who had not conducted systematic studies on brain injuries due to falls and was not allowed to testify that the victim’s brain injuries could not have been caused by shaking due to the victim’s size. Furthermore, even though defense counsel argued the victim’s injuries could have been inflicted by the victim’s mother, this did not diminish the fact that appellant was not allowed to present relevant evidence on his alternative theory of accidental injury. Accordingly, the state has failed to establish beyond a reasonable doubt that the trial court’s ruling excluding Dr. Lloyd’s testimony did not affect the jury’s verdict."

The entire post can be found at:

http://onsbs.com/2012/07/30/jury-frees-accused-father-and-more/

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.