Reax 4: David Bain. Rodney Hide's masterful column: "Note to Collins: We want to see justice being done." Great Read. HL.

 STORY: "Rodney Hide: Note to Collins: We want to see justice being done," by Rodney Hide, published in the New Zealand Herald on December 23, 2012.

GIST: "Imagine the scene at police HQ and Crown Law: Justice Binnie has done the unthinkable; he's written an independent report. Worse, he's damned Crown Law and Police to hell. The Government response has been masterful ... but hardly justice.........I am among the many who had always thought David Bain guilty. I took media reports at the time as true. And I thought a grown man with a paper run - and wearing that woolly jumper - the type more than capable of murdering his entire family. I was innocent back then, too. I hadn't seen up close how the New Zealand police hierarchy behaves when backed into a tight corner. And I hadn't seen Crown Law stick to their guns arguing against all reason and clear facts. I didn't know then how the police play the media and how the public respect for the justice system is abused by those charged to uphold it. But still, until a week ago, I would have said to anyone who asked that Bain was guilty. Not now. Not on the balance of probabilities......... I then read Binnie. It's hard having a deeply held prejudice overturned. But I was entranced. It is beautifully written and clearly presented. But, more especially, here is the product of a fine mind critically cutting to the chase. Justice Binnie obviously has done the hard work. He's considered the many issues. He's weighed them, presented his conclusions with his reasoning and the evidence. He's done the job asked of him. If anything, he was scrupulously polite about the New Zealand police and justice system. Wherever possible he gave them the benefit of the doubt and never questioned their motivation. But police evidence presented at the first trial was false and misleading. That's why the Privy Council declared Bain's trial a "substantial miscarriage of justice" and ordered a retrial.  Justice Binnie - and the Privy Council - raise a disturbing question about whether our justice system has the ability to self-correct. The Government's response, sadly for us, provides the answer, loud and clear."

The entire commentary can be found at:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10855740

PUBLISHER'S VIEW:  (Editorial).  A close look at the content of Justice Ian Binnie's report leads this Blog to the inescapable conclusion that the Government of New Zealand should heed Justice Binnie's advice, and without delay make generous compensation to David Bain,  because "the state authorities and in particular the Duneden CIB were seriously complicit in this miscarriage of justice." Justice Binnie makes clear that this is not a typical appeal in which there are instances of police investigative failures. Instead, "It is the number and cumulative importance of errors here that should, in my view be seen as constituting extraordinary circumstances.   The sheer length of David Bain's incarceration takes the Bain prosecution "outside the ordinary run of cases in which appeals have been allowed."  I hope the New Zealand government will rise above the  howls of protest,  set internal politics aside - and do what is just for David Bain.

PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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.  

Reax 3: David Bain: Interesting column by Deborah Coddington: Why advocates try to prove the innocence of those already found guilty in court. New Zealand Herald.

COMMENTARY:  "Champions: Conviction in innocence of convicted," by Deborah Coddington, published in the New Zealand Herald on December 23, 2012.

SUB-HEADING:  "What's the attraction in championing the cause of convicted criminals? Deborah Coddington investigates why advocates try to prove the innocence of those already found guilty in court."

GIST: "It's much easier taking up cudgels on behalf of the convicted - or even someone alleged to have committed a crime. For example Kim Dotcom, convicted of computer fraud, embezzlement and insider trading in Germany, is now fighting extradition to the US to avoid criminal charges of copyright infringement. But here, media treat him like a rock star. It hasn't always been thus. We once revered police, convinced they'd "got their man". But something changed when Auckland Star journalist Pat Booth concluded a 10-year crusade to free Arthur Allan Thomas when he was convicted in 1970 of murdering Jeanette and Harvey Crewe. Booth proved police planted evidence - a cartridge case - and after that nothing stayed the same. We were shown the police can get it wrong. "That is true," Booth says. "It was also a turning point as to how newspapers handled crime stories. Before that, there was no advocacy journalism on behalf of a prisoner. Now I can see everyone doing it." Booth's team won its fight to have Thomas pardoned in 1980. He says the problem with Bain's compensation bid is "they don't have a cartridge case"."

The entire commentary can be found at:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10855751

PUBLISHER'S VIEW:   (Editorial). A close look at the content of Justice Ian Binnie's report leads this Blog to the inescapable conclusion that the Government of New Zealand should heed Justice Binnie's advice, and without delay make generous compensation to David Bain,  because "the state authorities and in particular the Duneden CIB were seriously complicit in this miscarriage of justice." Justice Binnie makes clear that this is not a typical appeal in which there are instances of police investigative failures. Instead, "It is the number and cumulative importance of errors here that should, in my view be seen as constituting extraordinary circumstances.   The sheer length of David Bain's incarceration takes the Bain prosecution "outside the ordinary run of cases in which appeals have been allowed."  I hope the New Zealand government will rise above the  howls of protest,  set internal politics aside - and do what is just for David Bain.

PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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.  

Reax 2: Poll shows most Kiwi's support paying compensation to David Bain "'Poll: Give Bain compo." New Zealand Herald.

STORY:  Poll shows most Kiwi's support paying compensation to David Bain. "Poll: Give Bain compo," by reporter David Fisher, published in the New Zealand Herald on December 28, 2012.

SUB-Heading: "Minister dismisses national survey's result, but says she will take decision options to the Cabinet next month."

GIST: "Most Kiwis support paying compensation to David Bain, even though Justice Minister Judith Collins says many New Zealanders will be upset at any taxpayer payment for the man once convicted of murdering his family. A Herald-DigiPoll summer survey found 74 per cent of those polled believe Mr Bain should be compensated if the judge who reviewed the case recommended that. (The survey was started on December 7, before Justice Ian Binnie's recommendation of compensation became public.) Only 20 per cent said Mr Bain should not get a payment under any circumstances. The Labour Party is calling on the Cabinet to make a decision on the issue when it meets next month. Ms Collins says she expects any decision to upset voters. She told the Herald yesterday: "There is a lot of feeling either way on this. We have to look past all that and come to the right decision."......... In his report, Justice Binnie criticised the investigation into the 1994 murders. "It is my opinion that the egregious errors of the Dunedin police that led directly to the wrongful conviction make it 'in the interest of justice that compensation be paid'."

The entire story can be found at:

http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10856318

 PUBLISHER'S VIEW:   Editorial). A close look at the content of Justice Ian Binnie's report leads this Blog to the inescapable conclusion that the Government of New Zealand should heed Justice Binnie's advice, and without delay make generous compensation to David Bain,  because "the state authorities and in particular the Duneden CIB were seriously complicit in this miscarriage of justice." Justice Binnie makes clear that this is not a typical appeal in which there are instances of police investigative failures. Instead, "It is the number and cumulative importance of errors here that should, in my view be seen as constituting extraordinary circumstances.   The sheer length of David Bain's incarceration takes the Bain prosecution "outside the ordinary run of cases in which appeals have been allowed."  I hope the New Zealand government will rise above the  howls of protest,  set internal politics aside - and do what is just for David Bain.

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

Reax 1: David Bain: Minister Collins must support her own justice system and the report comissioned by her predecessor. Time to set aside poitical calculation. Column: Bryan Gould; New Zealand Herald.

 STORY: "Collins should stand by Bain report," by Bryan Gould, published in the New Zealand Herald on December 17, 2012.  (Bryan Gould is a former Labour MP in Britain and a former law don at Oxford University.)

SUB-Heading: "Does Justice Minister claim to know better than the courts, and to believe in spite of all that he is guilty?"

GIST: "The minister fears that if she advises the Cabinet that compensation should be paid, a substantial body of opinion will accuse her of unjustifiably paying out taxpayers' money to someone who does not deserve it. Yet, if she does not do so, what basis can she claim for that decision? Short of a full and further judicial hearing, which is surely out of the question, does she claim to know better than the courts, and to believe that David Bain is guilty? What does she claim to know that eluded an eminent Canadian jurist engaged to give an authoritative opinion on precisely the issue of David Bain's innocence and that would now lead her to assert that, on a balance of probabilities, he committed the crime? It is precisely because she can have no sound basis for unilaterally reaching for such a conclusion that she has cast around for someone else to get her off the hook. But going back to the Solicitor-General, who is surely parti pris, or asking for further opinions until - presumably - she gets one she likes, cannot resolve her dilemma for her. What, therefore, should she do? The two possible outcomes both carry with them the risk of serious injustice. On the one hand, to pay compensation to a David Bain who had killed his family would be to reward a criminal at the taxpayers' expense. But, on the other hand, to deny an innocent David Bain compensation for 13 years in prison for a crime he did not commit would be to add insult to injury, in the dual sense that fairness had been denied to the victim of a terrible wrong, and that he had been left with an ineradicable stigma in the eyes of his fellow citizens - a stigma that our courts felt themselves not justified in imposing. There is surely no doubt that the latter outcome carries the greater risk of injustice.".........Judith Collins should set aside political calculation and concern for what some elements of public opinion may think, and reach the only decision that can minimise potential injustice. She should support her own justice system and the report commissioned by her predecessor, and advise the Cabinet accordingly."

http://www.nzherald.co.nz/opinion/news/article.cfm?c_id=466&objectid=10854684

PUBLISHER'S VIEW:  (Editorial).  A close look at the content of Justice Ian Binnie's report leads this Blog to the inescapable conclusion that the Government of New Zealand should heed Justice Binnie's advice, and without delay make generous compensation to David Bain,  because "the state authorities and in particular the Duneden CIB were seriously complicit in this miscarriage of justice." Justice Binnie makes clear that this is not a typical appeal in which there are instances of police investigative failures. Instead, "It is the number and cumulative importance of errors here that should, in my view be seen as constituting extraordinary circumstances.   The sheer length of David Bain's incarceration takes the Bain prosecution "outside the ordinary run of cases in which appeals have been allowed."  I hope the New Zealand government will rise above the  howls of protest,  set internal politics aside - and do what is just for David Bain.

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

George Allen: Missouri; Appeal court officially clears him. Had served 29 years of 95 year sentence; Evidence, including blood tests, suppressed and ignored by police. The Associated Press.

STORY: "Missouri man officially cleared in 1982 slaying," by reporter Bill Draper, published by the Associated Press on  Decmber 26, 2012.

GIST: "A St. Louis man who served 29 years of a 95-year prison sentence for  a brutal 1982 slaying is officially a free man after a three-member state appeals court panel upheld a lower court's decision that led to his release from prison last month.... Prosecutors used a confession Allen gave to investigators to make their case, but Allen's defense contended the confession by their client, who suffers from schizophrenia, was coerced. Cole County Circuit Judge Daniel Green issued a scathing, 75-page ruling last month that suggested St. Louis police ignored and suppressed numerous pieces of evidence, including blood tests that ruled out Allen as the source of semen on Bell's robe. Green ordered Allen's release, and the St. Louis circuit attorney's office complied Nov. 14. Missouri Attorney General Chris Koster appealed the ruling to the state's Western District, arguing that the lower court had abused its discretion by ruling that investigators' failure to provide evidence at trial violated Allen's due-process rights. Questions about undisclosed evidence were raised by attorneys working for and with the Innocence Project, a New York group that has helped free hundreds of wrongfully convicted inmates nationwide. Several lawyers from the St. Louis firm Bryan Cave also volunteered to work with Allen's defense. "We're thrilled the appeals court has acted quickly to dismiss the Attorney General's meritless appeal," said Barry Scheck, co-director of the Innocence Project. "We are relying on Attorney General Koster to keep his word and not further delay justice for Mr. Allen and his family by further appealing today's decision. Scheck urged the circuit attorney's office to try to find Bell's real killer in light of the previously undisclosed evidence, which includes fingerprints that investigators had initially rejected as unusable smudges. Koster issued a statement Wednesday confirming he would not pursue the case further."

http://www.chron.com/news/crime/article/Appeals-court-upholds-ruling-in-30-year-old-murder-4146923.php

See Innocence Project release:

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

The Missouri Court of Appeal decision.  (Great read - once you get over the jurisdictional framework! HL).

https://docs.google.com/viewer?a=v&pid=gmail&attid=0.1&thid=13bde055715952a8&mt=application/pdf&url=https://mail.google.com/mail/?ui%3D2%26ik%3D2772eb95cc%26view%3Datt%26th%3D13bde055715952a8%26attid%3D0.1%26disp%3Dsafe%26realattid%3Df_hb8c76mj0%26zw&sig=AHIEtbRumeEvTBtc4H3-gHDwp46b07yeqQ

"Allen was convicted based largely on his statement that was elicited through the interrogation supervised by Detective Herb Riley and on serology evidence, which has since been proven false, that was conducted by lab analyst Joseph Crow. Newly discovered police and lab documents that were not disclosed to the prosecution or defense show that police actually found semen samples excluding Allen and the victim’s consensual sex partners as the source. Other undisclosed documents show that police relied on this serology evidence to exclude other suspects until they coerced the confession from Allen. The prosecution also failed to turn over fingerprint evidence excluding Allen, a drawing that Allen was asked to draw of the victim’s apartment that did not match her apartment and evidence that a witness who was called to verify a detail from Allen’s statement had been subjected to a police-organized hypnosis session in order to recall the incident. “To ensure other Missouri citizens never face what Mr. Allen endured, the state must order an independent audit of other cases handled by this detective and serologist,” said Laura O’Sullivan, Legal Director of the Midwest Innocence Project. “It’s the only way to restore public confidence in the criminal justice system.” Allen narrowly escaped receiving the death penalty after the jury issued the guilty verdict by a stroke of luck. A juror was relieved of duty due to a family emergency and as a result the sentencing could not be held and the state was forced to waive the death penalty."

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

Ed Graf. Experts to testify in his arson murder case from the 1980's. Hearing scheduled for January 11, 2013. Waco Tribune.

STORY: "Experts to testify in Ed Graf arson case from 1980's," by Cindy V. Culp, published in the Waco Tribune on December 23, 2012.

GIST: "Two of the nation’s leading fire science experts are scheduled to come to Waco next month for a hearing that will help decide the fate of a Hewitt man who claims he was wrongfully convicted of arson murder. But the hearing could have implications far beyond Ed Graf’s case, said Jeff Blackburn, chief counsel for the Innocence Project of Texas. He said the state’s criminal justice system is starting to come to terms with the idea that junk science contributed to a number of wrongful convictions in recent decades. But the state’s highest criminal court has not yet developed a uniform and fair way of handling such injustice, he said.  Ed Graf’s hearing will be held Jan. 11.  Graf was found guilty of murdering his stepsons by locking them in a shed and setting it on fire........ One of the witnesses will be toxicology expert Douglas J. Carpenter, who determined the blaze could have resulted only from an accidental fire. A blaze intentionally set and aided by an accelerant would have quickly produced flames so intense the victims would have died before breathing in that much carbon monoxide, he said. Graf’s attorneys also plan to put an expert named Paul Bieber on the stand. He is the director of the Arson Research Project, which is housed at a California law school. It conducted a controlled experiment last year that used high-tech equipment to record the progress of fires set in furnished “burn cells,” both with and without accelerants. It found visual examination of burn patterns is unreliable to determine whether accelerants were involved. The hearing will be conducted by retired Judge George Allen, who presided over Waco’s 54th State District Court when Graf was convicted. After hearing the evidence, he will make a recommendation about the case to the Texas Court of Criminal Appeals. The options include a recommendation that Graf remain in prison, be given a new trial or be found not guilty. The appellate court will make the final decision about Graf’s fate. If it orders a new trial, Reaves said he thinks the case will be dismissed. “I don’t think they could retry it,” Reaves said. “I don’t think there is any evidence that proves arson.”"

The entire story can be found at:

http://www.wacotrib.com/news/crime/184589921.html

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

Kerry Max Cook: Texas. Judge must rule whether DNA testing can be performed on the evidence in the decades-old case; Tyler Morning Telegraph.

STORY: "Court of Appeals rules Judge Kennedy will decide Kerry Max Cook," by reporter Dayna Worchel, published in the Tyler Morning Telegraph  on December 20, 2012.

GIST: "The 12th Court of Appeals has ruled that Smith County Judge Christi Kennedy of the 114th District Court will be the one to rule on whether DNA testing can be performed on evidence in the decades-old Kerry Max Cook murder case, including a knife and a hair sample that had been kept at the home of Eddie Clark, a Tyler police sergeant. The appeals court issued the ruling on Thursday. Defense attorneys for Cook had argued on Nov. 1 before the Court of Appeals that the evidence in Clark’s possession had not been properly preserved and that former Smith County 114th District Court Judge Cynthia Kent should not have been the one to transfer the Cook case from the 241st District Court when Judge Jack Skeen Jr. began presiding over the 241st. A portion of a prepared statement that Cook sent to the Tyler Morning Telegraph said that the specific basis for his motion to “recuse Judge Kennedy was due to her impartiality in being so connected to ... the entire Smith County legal apparatus that has kept the lies against me alive and well.” “It would seem if they really didn’t have anything to hide they would, in the interest of justice and the truth, agree to have a Judge outside Smith County to make the ruling of my innocence. This way the truth could just be the truth,” Cook said in his statement."

The entire story can be found at:

http://www.tylerpaper.com/article/20121222/NEWS01/121229951/-1/NEWS

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

Graham Stafford: (Australia). He welcomes the announcement that a former judge has been appointed to review his case. (A case loaded with forensic issues HL.) The Queensland Times.

STORY: "New review of Stafford case," by reporter Peter Foley.  published in the Queensland Times  on December 21, 2012.

GIST: "Graham  Stafford has welcomed the announcement a former judge has been appointed to review the case against him. Attorney-General Jarrod Bleijie announced yesterday former Supreme Court Judge Mr Kenneth Mackenzie QC would independently review the case. On Tuesday, the Director of Public Prosecutions (DPP) confirmed his decision on public interest grounds not to re-prosecute Mr Stafford. That came at the end of a two-and-a-half year police re-investigation it said supported the initial case against Mr Stafford. In 1992, Graham Stafford was convicted of the murder of Leanne Holland and sentenced to life imprisonment. Mr Stafford's conviction was set aside in December 2009 after the matter was referred to the Queensland Court of Appeal......... Mr Stafford welcomed yesterday's announcement particularly after doubts about whether a report into the police re-investigation would be made public. "There have been a lot of questions raised about the case and how the investigation was run so let's have it out in open court," he said. "Admittedly I would have preferred a Commission of Inquiry and we could still go in that direction but if they want to go for a re-trial, we're very happy to entertain that. "That's where we've been for some time, trying to push it back into the courts and get the chance to be completely exonerated."

The entire story can be found at:

http://www.qt.com.au/news/new-review-of-stafford-case-stafford-supports-revi/1693941/

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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: Judge sets fourth execution date - following reprieves in 2007 and 2009, each handed down a day before he was to be executed. (Time of death very much in issue in case). Houston Chronicle.

STORY: "Judge sets fourth execution date for convicted killer," by  reporter Renee C. Lee, published in the Houston Chronicle on December 20, 2012.

GIST: "The fourth execution date in five years has been set for death row inmate Larry Swearingen , convicted of killing a Montgomery County college student 14 years ago. The Texas Court of Criminal Appeals last week denied Swearingen's latest claim of innocence, clearing the way for state District Judge Fred Edwards to sign an order for a Feb. 27 execution. A jury convicted Swearingen in June 2000 of the kidnapping, strangulation and sexual assault of Melissa Trotter, 19, who was last seen with Swearingen on the Lone Star College-Montgomery campus on Dec. 8, 1998. Authorities discovered Trotter's body in Sam Houston National Forest on Jan. 2, 1999. Swearingen, 41, has based his claims of innocence on insect and pathology evidence. His experts argued that the decomposition of Trotter's body suggested that she was killed and placed in the forest some time after Dec. 11, contradicting the prosecution's claim that she was abducted and killed on Dec. 8. His lead attorney, James Rytting, said Swearingen could not have killed Trotter because he was arrested and booked into jail on Dec. 11 on an unrelated charge. Rytting could not be reached for comment Thursday......... Swearingen also won reprieves in January 2007 and January 2009, each handed down a day before his execution."

The entire story can be found at:

http://www.chron.com/news/houston-texas/houston/article/Judge-sets-fourth-execution-date-for-convicted-4135908.php

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

Annie Dookhan: Indicted drug analyst's e-mails reveal her close personal ties to prosecutors, reports the Boston Globe.

 

STORY:  "Indicted drug analyst Annie Dookhan's e-mails reveal her close personal ties to prosecutors," by reporter Andrea Estes, published in the Boston Globe on December 20, 2012.

GIST: "Annie Dookhan was supposed to be an independent witness, a state chemist coolly analyzing drug evidence for the court. But her e-mails over the last nine years, obtained by the Globe, vividly detail her close relationship with prosecutors, including a man to whom she poured her heart out, and her strong desire to put suspects behind bars. Dookhan, arraigned Thursday on 27 counts of altering drug evidence and obstructing justice, viewed herself as part of the prosecution team, the ­e-mails show. She coached ­assistant district attorneys on trial strategy and told one that her goal was “getting [drug dealers] off the streets.” When Dookhan told a prosecutor that she could not testify in her case, the woman replied with an anguished: “No no no!!! I need you!!!” The e-mails show that her close relationships extended beyond Norfolk Assistant ­District Attorney George ­Papachristos, who resigned in October after the Globe disclosed his flirtatious friendship with Dookhan. But Dookhan appeared to have a special fondness for Papachristos, even sending him copies of an e-mail in which she said she needed a man “to love me and make me laugh.” The collection of more than 1,000 e-mails could raise new questions about the reliability of any of Dookhan’s work in the 34,000 drug cases she handled since 2003 at the state drug lab in Jamaica Plain. Dookhan’s admitted altering of test results and mishandling of evidence has already led to the release from jail of 159 drug case ­defendants, with many more expected to be freed. The e-mails show Dookhan was prone to fabrications, repeat­edly making up grandiose job titles for herself, such as “special agent of operations” for the FBI and other federal agencies. She was also far from the impartial analyst her job description demanded, regularly doing favors for prosecutors while treating defense attor­neys warily, asking prosecutors if she should even ­respond to their requests. The correspondence also raises questions about what role prosecutors may have played in encouraging Dookhan’s ­alleged misconduct."

The entire story can be found at: 

http://www.boston.com/news/local/massachusetts/2012/12/20/indicted-drug-analyst-annie-dookhan-mails-reveal-her-close-personal-ties-prosecutors/A37GaatHLKfW1kphDjxLXJ/story.html


PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

Kristian Aspelin: Dismissed case raises questions on shaken baby diagnosis. Reporter Joseph Shapiro. NPR. Must Read. HL.

STORY: "Dismissed case raises qurestions on shaken baby diagnosis," by reporter Joseph Shapiro, NPR News, published on December 21, 2012, on "All things Considered."

 GIST: "When San Francisco prosecutors dismissed charges against Kristian Aspelin in early December, it became just the latest case to raise questions about how shaken baby syndrome is diagnosed. Aspelin, who was accused of causing the death of his infant son, had one thing in his favor: He had enough money to pay for medical experts who cast doubt on the prosecution's theory.........The San Francisco medical examiner did an autopsy and found injuries consistent with shaken baby syndrome. Aspelin was charged with felony assault of his son. Earlier this month, prosecutors quietly dropped the charges after Aspelin's attorney presented reports from six medical experts and a biomechanical engineer. Those defense experts explained how the child's death was consistent with the fall Aspelin described and argued there was a lack of evidence to suggest the child was deliberately injured.........Aspelin's attorney, Stuart Hanlon, agrees. "Innocent people get convicted, especially in these kind of cases," he says. "And we have to have a better way to protect people from false allegations of shaken baby."

The  entire story can be found at:

http://www.npr.org/2012/12/21/167719033/dismissed-case-raises-questions-on-shaken-baby-diagnosis

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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 Bain: Lindy Chamberlain's lawyer believes David Bain has been treated worse than his own client. New Zealand Herald.

STORY: "Pay Bain, says Chamberlain lawyer," by reporter Yvonne Tahana published in the New  Zealand Herald on December 19, 2012.

SUB-HEADING: "Appalling behavior by Minister of Justice over independent report makes expat Kiwi solicitor "ashamed."

GIST: "David Bain has suffered enough, Stuart Tipple says. Lindy Chamberlain's lawyer believes David Bain has been treated worse than his own client by the justice system - led at the very top by Judith Collins. For three decades solicitor Stuart Tipple, who describes himself as a proud expat Kiwi, fought through multiple inquests, a trial, appeals to the Federal and High Courts, and a Royal Commission for a finding that Azaria Chamberlain was taken by a dingo. In June this year he was the sole legal representative at the fourth inquest which made exactly that finding nearly 32 years after the infant was taken at Uluru. Mr Tipple said he had followed the Bain case closely. He was aghast at Ms Collins' criticism of the independent report written by retired Canadian judge Ian Binnie, while keeping its contents confidential. "I'm really disturbed there's not more legal people in New Zealand that are standing up and saying this is just not good enough. You're just making our whole judicial system a laughing stock. "During that time representing Lindy Chamberlain, I used to think 'this wouldn't happen if I was in New Zealand' but ... in the Bain case I think he has been subjected to actually worse injustices than the Chamberlains." He claimed that Collins' actions were "basically painting a picture that she believes he's guilty". "That's how she's viewing the Binnie report. She's actually not accepting the jury verdict - which is: You are not guilty David Bain, you are innocent.
"It's so inappropriate for a Minister of Justice. She should be accepting that the jury's verdict as binding. I just find her conduct on the whole matter appalling and I'm ashamed. Deeply ashamed."

The entire story can be found at:

 http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10854962

  PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

(7 of 7). David Bain NZ. Publisher's view: (Editorial). Time for the New Zealand government to rise above the indecent police howls of protest, set aside internal politics and do what is just for David Bain. Harold Levy. Publisher. The Charles Smith Blog. take a closer look at content of Justice Binnie's report. Part 2: The indecent rush to judgment."

PUBLISHER'S VIEW:  (Editorial). A close look at the content of Justice Ian Binnie's report leads this Blog to the inescapable conclusion that the Government of New Zealand should heed Justice Binnie's advice, and without delay make generous compensation to David Bain,  because "the state authorities and in particular the Duneden CIB were seriously complicit in this miscarriage of justice." Justice Binnie makes clear that this is not a typical appeal in which there are instances of police investigative failures. Instead, "It is the number and cumulative importance of errors here that should, in my view be seen as constituting extraordinary circumstances.   The sheer length of David Bain's incarceration takes the Bain prosecution "outside the ordinary run of cases in which appeals have been allowed."  I hope the New Zealand government will rise above the  howls of protest,  set internal politics aside - and do what is just for David Bain.

Harold Levy: Publisher. The Charles Smith Blog.

CONTEXT: Wikipedia: "Killings and first trial: " By 1994 Robin and Margaret were estranged and Robin was sleeping in the back of his van at Taieri or in the schoolhouse. David Bain and the rest of the family lived at 65 Every Street, Andersons Bay, Dunedin. Robin returned to the family home at the weekends and slept in a caravan in the back garden. Robin was said to be in an incestuous relationship with his daughter Laniet that began when the family were in Papua New Guinea, and was still going on. Fellow teachers later described him as "deeply depressed, to the point of impairing his ability to do his job of teaching children".  On the morning of 20 June 1994, David Bain called 111 at 7:09 am in an apparently distressed state and told the operator: "They're all dead, they're all dead." When the police arrived at Every Street they found five members of the Bain family had been shot – Robin Bain (the father aged 58), his wife Margaret, their daughters Arawa (19), Laniet (18) and son Stephen (14). Four days later, David Bain, then aged 22, was charged with the murder of all five members of his family. On 5 July 1994, the house was burnt down by the New Zealand Fire Service, at the request of the trustees of the Bain family trust. At his trial the prosecution claimed that David killed his entire family after completing his early morning paper round– though no motive or explanation as to why David might want to kill them was provided. The lack of motive confused the presiding judge who in his summing up said the Crown had told the jury "... that these events were so bizarre and abnormal that it was impossible for the human mind to conceive of any logical  or reasonable explanation". One piece of evidence was a message found typed on the family computer that read: "sorry, you are the only one who deserved to stay". The defence used this to put forward the proposition that David’s father, Robin Bain, had killed the others while David was out on his paper run – and then committed suicide. After a three week trial David Bain was convicted by the jury on five counts of murder and sentenced by Justice Williamson to life imprisonment with a 16 year non-parole period.

The entire Wikipedia page can be found at: 

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

Justice Binnie's full report can be found through the following link:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10853771

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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; Hillsborough disaster; Inquest verdicts: High Court quashes them in face of new evidence; Court finds "unchallenged evidence of pathologists at Inquiry and Inquest is no longer accepted." The Guardian.

STORY:  Liverpool. U.K. "High court quashes Hillsborough inquest verdicts," by reporter Owen Gibson, published in the Guardian on December 19, 2012.

SUB-HEADING: "Ruling clears way for fresh inquest into 96 deaths, re-examining roles of police, Sheffield council and Sheffield Wednesday."

GIST:  Relatives of victims of Hillsborough disaster say they feel vindicated after original inquest verdicts were quashed by high court Link to this video Relatives of the 96 victims of the Hillsborough disaster have said they feel vindicated in their 23-year campaign for justice after the original inquest verdict of accidental death was quashed in the high court. The landmark verdict clears the way for a new inquest into the deaths next year, re-examining the roles of the police and other emergency services, Sheffield council and Sheffield Wednesday Football Club, and leading to the possibility of new verdicts of unlawful killing.........The review found that the decision to impose the cut-off severely limited examination of the response of the police and emergency services to the disaster on 15 April 1989, in which 96 Liverpool fans were crushed to death in the Leppings Lane end of the stadium, and "raised profound concerns regarding sufficiency of inquiry and examination of evidence". The lord chief justice agreed, saying that "in our judgment the 3.15pm cut-off point provided not only the most dramatic but also the most distressing aspect" of the new evidence. "In short, the unchallenged evidence of pathologists at the Taylor inquiry and the subsequent inquest is no longer accepted," he said.

 The entire story can be found at:

http://www.guardian.co.uk/football/2012/dec/19/hillsborough-high-court-quashes-inquest-verdicts

See Phil Scraton. Liverpool Daily Post; "This is long overdue." Excellent background information. "“The alteration of police and ambulance officers’ statements forms an important element of the Attorney General’s submission to the High Court and draws in detail on the Panel’s careful review of this unprecedented process.........Reflecting on the vital issue that the lives of up to 58 Liverpool fans might have been saved on that fateful day in April 1989 had they received immediate and appropriate treatment, Professor Scraton said: "Dr Bill Kirkup’s forensic review of the pathologists’ reports was the basis for this conclusion."

http://www.liverpooldailypost.co.uk/liverpool-news/regional-news/2012/12/19/this-is-long-overdue-phil-scraton-on-quashing-of-hillsborough-inquests-100252-32462817/

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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.  

Graham Stafford: Australia. The case for compensation; The dissenting opinion of Justice Holmes directing an acquittal in 2009 makes some very compelling points. Harold Levy. Publisher. The Charles Smith Blog.

PUBLISHER'S NOTE: As Graham Stafford prepares to bring re-new his bid for  compensation,  the Court of Appeal decision in 2009 directing a new trial  takes on increased importance - particularly the dissenting decision of Justice Holmes, who directed an acquittal. All three decisions can be found at the link below, on the superbly informative Australian web  site "Networked Knowledge," which is authored by Dr. Robert Moles, and bears the Platonic dictum  "He who commits injustice is ever made more wretched than he who suffers it." A portion of the dissenting judgment - with some   very compelling points as to why generous compensation is owed to Mr. Stafford and a public inquiry is long overdue  -  is found below.

Harold Levy: Publisher; The Charles Smith Blog

BREAKING NEWS:  "Attorney-General Jarrod Bleijie announces review into murder case against Graham Stafford: To decide whether he should bring him to trial for the murder of Leanne Holland. Courrier mail.

http://www.couriermail.com.au/news/queensland/attorney-general-jarrod-bleijie-announces-review-into-murder-case-against-graham-stafford/story-e6freoof-1226541343543

CONTEXT: "Graham Stuart Stafford born 1963, was a sheet metal worker from Goodna, near Ipswich, Queensland who was convicted in 1992 of the murder of twelve-year-old Leanne Sarah Holland, born 1 October 1978. Leanne Holland, the younger sister of Stafford's former partner, Melissa Holland, was murdered in September 1991. Her viciously mutilated body was found three days after she was reported missing in nearby Redbank Plains. It is possible she was also sexually interfered with and tortured with a cigarette lighter. Stafford appealed to the Queensland Court of Appeal, but this appeal was rejected on 25 August 1992. In 1997, the Queensland Court of Appeal re-examined the case after Stafford lodged an application for pardon with the State Governor on the basis of evidence gathered by private detective, Graeme Crowley. The Court of Appeal dismissed the appeal again by a two-to-one majority on the grounds that there was still enough evidence to convict. Two applications for special leave to the High Court of Australia subsequently failed. Stafford was released in June 2006 after serving over 14 years in prison. Stafford, who was born in England and does not have Australian citizenship despite having migrated to Australia in 1969, faced deportation in November 2006. Some people, including Professor Paul Wilson of Bond University believe that Stafford is a victim of a miscarriage of justice. The Queensland Attorney-General, Kerry Shine, has agreed to closely consider any request on Stafford's behalf concerning a petition to clear him of the murder conviction. In April 2008, the Queensland Attorney-General referred the case to the Court of Appeal for a very rare second appeal for pardon. On 24 December 2009 the Court of Appeal overturned Graham Stafford's conviction and ordered a retrial by a 2-1 majority. The dissenting judge wanted an immediate acquittal. On 26 March 2010 the Queensland Director of Public Prosecutions, Tony Moynihan SC announced there would be no new trial of Graham Stafford for the murder of Leanne Holland."

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

GIST:  (Dissenting judgment directing an acquittal): Justice Holmes; "I have had the advantage of reading the judgment of Keane JA, and am grateful indeed for his comprehensive and clear review of the evidence. I agree with him that Mr Stafford has not had a fair trial on the charge of murder, the Crown case as put at trial having been fundamentally undermined by evidence since adduced. However, I have reached a different view about whether a re-trial should be ordered. I do not consider that, on the evidence which remains, a jury could be satisfied beyond doubt of Mr Stafford’s guilt. Mr Freney’s evidence, given for the purposes of the 1997 pardon petition, comprehensively demolished the theory that Leanne Holland was killed at her Goodna home. Dr Ashby, the forensic pathologist who went to the site where the body was found, did not accept the possibility that the fatal injuries were inflicted at that location; she would have expected far more blood. That was consistent with Mr Freney’s view, that there would have been an “enormous” amount of blood around. The uncontradicted expert evidence on those points means that if Mr Stafford killed Leanne Holland, he did so at a location away from the Hollands’ house in Alice Street, and then or later used his car to move the body to where it was found.........It is possible that Mr Stafford killed Leanne Holland. It is also possible that after Ms Collins saw her and before she reached home she was abducted and murdered by some other person. In my view, a jury presented with the Crown case as it now stands would experience a reasonable doubt as to Mr Stafford’s guilt. I would enter a verdict of acquittal."

All three decisions can be found at:

http://netk.net.au/Queensland/Stafford4.asp

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

(6 0f 7). David Bain. NZ. Publisher's view; Time to take a closer look at content of Justice Binnie's report. The "amateurish" behaviour of police in checking out David Bain's alibi; An "egregious" instance of the failure to properly investigate the possibility of innocence.

PUBLISHER'S VIEW:  Much of the reporting following the release of Justice Ian Binnie's report recommending compensation for David Bain has focussed on the political implications of the report - as opposed to its content. The content is, however,  of prime interest to this Blog because Justice Binnie details the "amateurish behavior of the police in checking out David Bain's alibi" and labels it an egregious instance of “failure to take proper steps to investigate the possibility of innocence” within the terms of the Minister’s letter."  This disturbing finding,  considered with all too many others,  illustrates the crying need for New Zealand to compensate David Bain  - as Justice Binnie recommends - for his lengthy  ordeal.

Harold Levy:  Publisher. The Charles Smith Blog.

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

CONTEXT: Wikipedia: "Killings and first trial: " By 1994 Robin and Margaret were estranged and Robin was sleeping in the back of his van at Taieri or in the schoolhouse. David Bain and the rest of the family lived at 65 Every Street, Andersons Bay, Dunedin. Robin returned to the family home at the weekends and slept in a caravan in the back garden. Robin was said to be in an incestuous relationship with his daughter Laniet that began when the family were in Papua New Guinea, and was still going on. Fellow teachers later described him as "deeply depressed, to the point of impairing his ability to do his job of teaching children".  On the morning of 20 June 1994, David Bain called 111 at 7:09 am in an apparently distressed state and told the operator: "They're all dead, they're all dead." When the police arrived at Every Street they found five members of the Bain family had been shot – Robin Bain (the father aged 58), his wife Margaret, their daughters Arawa (19), Laniet (18) and son Stephen (14). Four days later, David Bain, then aged 22, was charged with the murder of all five members of his family. On 5 July 1994, the house was burnt down by the New Zealand Fire Service, at the request of the trustees of the Bain family trust. At his trial the prosecution claimed that David killed his entire family after completing his early morning paper round– though no motive or explanation as to why David might want to kill them was provided. The lack of motive confused the presiding judge who in his summing up said the Crown had told the jury "... that these events were so bizarre and abnormal that it was impossible for the human mind to conceive of any logical  or reasonable explanation". One piece of evidence was a message found typed on the family computer that read: "sorry, you are the only one who deserved to stay". The defence used this to put forward the proposition that David’s father, Robin Bain, had killed the others while David was out on his paper run – and then committed suicide. After a three week trial David Bain was convicted by the jury on five counts of murder and sentenced by Justice Williamson to life imprisonment with a 16 year non-parole period.

The entire Wikipedia page can be found at: 

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

CHAPTER XIX: LACK OF DUE DILIGENCE: THE INVESTIGATION WAS IN IMPORTANT RESPECTS “AMATEURISH”

(i) Failure to take proper steps to ascertain the “timing” relevant to the alibi defence

560. A central clock was maintained at the Dunedin CIB and regularly checked for accuracy against Telecom time.304 The detectives had the resources ready at hand to get the time correct.

561. It was apparent once the Police had interviewed David Bain on the morning of 20 June, and heard that he had been out on his paper route from 5.45 am until about 6.45 am, that there was an alibi issue to deal with. The precise timing of his return would be a critical issue.

562. Yet various different lines of Police inquiry aimed at establishing or debunking David Bain’s “window of opportunity” were carried out by different Policemen using different watches which were not synchronised either to Telecom or to each other. This confusion has hindered all subsequent efforts to tie down the precise sequence of events.305

563. In my interview with Det. Sr Sgt Doyle in Dunedin he acknowledged that this aspect of the Police investigation was “amateurish”. Extracts from my interview with him are as follows, (although reference should be made to the transcript found at Tab E of the Book of Documents for the full context of his answers.)

Q. David Bain says that, “He looked at his watch at the corner of Heath Street and Every Street and it was 6.40,” and then at some other point he says, “it was exactly 6.40.” And so far as I can determine on the record, I can’t find that his watch was ever tested for accuracy.
A. That’s correct. (p. 23)
Q. Although it is treated as a fact. Then there’s this issue with Denise Laney and as you would remember she is the lady who was, thought she was late for her job at the rest home and her clock said 6.50 and she knew it was five minutes fast. Now that clock was tested but according to the PCA report they didn’t bother to look at the accuracy of the watch that was being used to test it?306
A. Sure. (pp. 23‐24)

564. At this point Det. Sr Sgt Doyle made reference to the fact the Police didn’t hear the washing machine running when they were searching the house:

Q. So on the computer aspect, leaving aside the washing machine for the moment, we have Detective Anderson who is assigned to deal with Mr Cox and doesn’t really seem to have much of an idea of what Cox is up to or why he is doing it ‐
A. Sure. (p. 26)
***
Q. … I would have thought one would set out to identify a Policeman who had some understanding of what was being examined that, given the object of the exercise was to identify time, that a person would have been picked to have a watch that, if it didn’t have a second hand, would at least demarcate itself in minutes – [This was in reference to the evidence that Det. Sgt Anderson’s watch did not have a hand to indicate seconds, and nor did it have marks for individual minutes beyond the standard five minute intervals.307]
A. Oh, I totally agree with you on that and I can’t disagree.
Q. Yes, and ‐
A. It surprised me and disappointed me that that did not occur. I would have thought that a trained detective would have had enough savvy to have taken that on board. (p. 26)

565. Det. Sr Sgt Doyle emphasized that in 1994 computers were much less common than today and that the Police work had to be viewed in that light.

Q. … you’ve got a very serious murder investigation, five dead people, and you’ve got some evidence that is either going to put David Bain in the [Every Street] house at that time, the relevant time, or possibly exclude him and the thing is conducted with what seems, on the surface to be a pretty amateurish approach.
A. Oh, I think, looking back in hindsight, that it was amateurish. I can’t disagree with that. I, I would like to think that, well I’m sure that would have been done better now if the same thing occurred today, I’d expect it to be.
Q. But don’t you think by the standards of the day that this was a pretty poor performance?
A. It would be very easy to say yes but I don’t think this is as simple as that because I think that we were dealing with a totally new arena. The fact that the initiative was even used to go and try to determine that what time the computer was turned on and that probably, I certainly know of my own knowledge of computers at that stage, it wouldn’t have even crossed my mind. Someone had, had brought that up and said, “Let’s try it.”
Q. But if somebody had the sense to undertake the job why wasn’t it done properly in terms of accuracy of timing? (p. 27)
A. I can’t answer that Sir. I, I agree that it should have been done better and that’s about all I can say about it. (p. 28)

566. The Joint Police/Police Complaints Authority report expressed the same concern but, as was its style, looked more to the future than to judge the past. We conclude this section by commenting that the timing of the paper round, the time the computer was turned on, and the duration of the washing
matching cycle were all very important aspects of the case. We emphasise the necessity for accurate time measurements to be kept and made in criminal investigations. (para. 132)

Comment: The amateurish behaviour of the Police in checking out the alibi seems to me an egregious instance of “failure to take proper steps to investigate the possibility of
innocence” within the terms of the Minister’s letter.

Justice Binnie's full report can be found through the following link:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10853771

PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

Graham Stafford: Continues to assert innocence in face of police claim to have fresh forensic evidence which they have not disclosed. Vows to seek compensation. The Australian.

BREAKING NEWS:  "Attorney-General Jarrod Bleijie announces review into murder case against Graham Stafford: To decide whether he should bring him to trial for the murder of Leanne Holland. Courier mail.

http://www.couriermail.com.au/news/queensland/attorney-general-jarrod-bleijie-announces-review-into-murder-case-against-graham-stafford/story-e6freoof-1226541343543


CONTEXT: "Graham Stuart Stafford born 1963, was a sheet metal worker from Goodna, near Ipswich, Queensland who was convicted in 1992 of the murder of twelve-year-old Leanne Sarah Holland, born 1 October 1978. Leanne Holland, the younger sister of Stafford's former partner, Melissa Holland, was murdered in September 1991. Her viciously mutilated body was found three days after she was reported missing in nearby Redbank Plains. It is possible she was also sexually interfered with and tortured with a cigarette lighter. Stafford appealed to the Queensland Court of Appeal, but this appeal was rejected on 25 August 1992. In 1997, the Queensland Court of Appeal re-examined the case after Stafford lodged an application for pardon with the State Governor on the basis of evidence gathered by private detective, Graeme Crowley. The Court of Appeal dismissed the appeal again by a two-to-one majority on the grounds that there was still enough evidence to convict. Two applications for special leave to the High Court of Australia subsequently failed. Stafford was released in June 2006 after serving over 14 years in prison. Stafford, who was born in England and does not have Australian citizenship despite having migrated to Australia in 1969, faced deportation in November 2006. Some people, including Professor Paul Wilson of Bond University believe that Stafford is a victim of a miscarriage of justice. The Queensland Attorney-General, Kerry Shine, has agreed to closely consider any request on Stafford's behalf concerning a petition to clear him of the murder conviction. In April 2008, the Queensland Attorney-General referred the case to the Court of Appeal for a very rare second appeal for pardon. On 24 December 2009 the Court of Appeal overturned Graham Stafford's conviction and ordered a retrial by a 2-1 majority. The dissenting judge wanted an immediate acquittal. On 26 March 2010 the Queensland Director of Public Prosecutions, Tony Moynihan SC announced there would be no new trial of Graham Stafford for the murder of Leanne Holland."

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

STORY: "Graham Stafford eyes compensation over murder jail term," bu Roseanne Barrett, published in the Australian on December 20, 2012.

GIST: THE man convicted and later freed for the 1991 murder of Ipswich schoolgirl Leanne Holland says he deserves compensation for imprisonment and may pursue a case against the state. Graham Stafford, 49, said police were "trying to save face" with their declaration this week they had gathered fresh evidence against him for the murder of 12-year-old Leanne. He continues to assert his innocence. "I deserve compensation," he said. "I should be eligible for compensation, whether we go down the avenue of malicious prosecution or another way. "I have been acquitted and I have had it acknowledged that I suffered a miscarriage of justice."  Mr Stafford spent 14 years in a Queensland jail for the murder and was on parole when the Court of Appeal quashed his conviction on procedural grounds in 2009. The court ordered a retrial but the Director of Public Prosecutions opted against it.........A supporter of Mr Stafford's innocence, former detective Graeme Crowley, called for an independent judicial inquiry to assess the case instead of "police investigating police". Mr Crowley compared it with the West Australian case of Andrew Mallard, who was wrongly imprisoned for murder and later received a multi-million-dollar payout. Queensland Attorney-General Jarrod Bleijie is "considering all options" and is expected to decide this week."

 This story appears at the following link:

http://www.theaustralian.com.au/national-affairs/state-politics/graham-stafford-eyes-compensation-over-murder-jail-term/story-e6frgczx-1226540699247

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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. 

(5 of 7). David Bain. N.Z. Publisher's view; Time to take a closer look at content of Justice Binnie's report. Provision of a contaminated DNA sample to a defence expert called "serious misconduct" which had "serious consequences" to Bain's ability to defend himself.

PUBLISHER'S VIEW:  Much of the reporting following the release of Justice Ian Binnie's report recommending compensation for David Bain has focussed on the political implications of the report - as opposed to its content. The content is, however,  of prime interest to this Blog because Justice Binnie details the provision of a contaminated DNA sample to a defence  expert that made it impossible to do his work, with "serious consequences" to David Bain's ability to defend himself. This  "serious misconduct,"  together with the many other disturbing findings made by Justice Binnie, illustrates the crying need for New Zealand to compensate David Bain  - as Justice Binnie recommends - for his lengthy  ordeal.

Harold Levy:  Publisher. The Charles Smith Blog.

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CONTEXT: Wikipedia: "Killings and first trial: " By 1994 Robin and Margaret were estranged and Robin was sleeping in the back of his van at Taieri or in the schoolhouse. David Bain and the rest of the family lived at 65 Every Street, Andersons Bay, Dunedin. Robin returned to the family home at the weekends and slept in a caravan in the back garden. Robin was said to be in an incestuous relationship with his daughter Laniet that began when the family were in Papua New Guinea, and was still going on. Fellow teachers later described him as "deeply depressed, to the point of impairing his ability to do his job of teaching children".  On the morning of 20 June 1994, David Bain called 111 at 7:09 am in an apparently distressed state and told the operator: "They're all dead, they're all dead." When the police arrived at Every Street they found five members of the Bain family had been shot – Robin Bain (the father aged 58), his wife Margaret, their daughters Arawa (19), Laniet (18) and son Stephen (14). Four days later, David Bain, then aged 22, was charged with the murder of all five members of his family. On 5 July 1994, the house was burnt down by the New Zealand Fire Service, at the request of the trustees of the Bain family trust. At his trial the prosecution claimed that David killed his entire family after completing his early morning paper round– though no motive or explanation as to why David might want to kill them was provided. The lack of motive confused the presiding judge who in his summing up said the Crown had told the jury "... that these events were so bizarre and abnormal that it was impossible for the human mind to conceive of any logical  or reasonable explanation". One piece of evidence was a message found typed on the family computer that read: "sorry, you are the only one who deserved to stay". The defence used this to put forward the proposition that David’s father, Robin Bain, had killed the others while David was out on his paper run – and then committed suicide. After a three week trial David Bain was convicted by the jury on five counts of murder and sentenced by Justice Williamson to life imprisonment with a 16 year non-parole period.

The entire Wikipedia page can be found at: 

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

 The provision of a contaminated DNA sample to the defence expert, Dr Arie Geursen.

567. Dr Geursen described having his work rendered useless by ESR’s supply to him of a contaminated DNA sample for testing as an “unspeakable mess”308. Analysis of the “fingerprint blood sample” was of key importance to the defence. ESR rendered it impossible for the defence expert to do his work.

Comment: ESR’s conduct on this occasion, though presumably inadvertent, was seriously prejudiced to David Bain’s fair trial rights. I would describe such negligent conduct by the authorities as misconduct. In this instance it was serious misconduct given the importance of the “bloody fingerprint” controversy and the serious consequences of his error in David Bain’s ability to defend himself.

Justice Binnie's full report can be found through the following link:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10853771

PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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: Christine Bunch: Arson "science" case. She has finally been cleared in 1995 blaze that killed her son. FOX59

STORY: "Charges cleared against woman convicted in 1995 arson that killed son," published by FOX59 on December 18, 2012."

GIST:  A local woman charged with arson and the death of her 3-year-old son was cleared of the charges against her Tuesday. Kristine Bunch was previously convicted of the charges in 1995 and has spent the past 16 years in prison. Prosecutors claimed Bunch poured kerosene through the linoleum-floored bedroom in which her son, Tony, was found and into the living room of the trailer before lighting a match. Bunch’s son had 80 percent carbon monoxide level in his blood. In March 2012, the Indiana Court of Appeals granted Bunch a new trial and allowed a vacated conviction.  Her attorney, Ron Safer, argued arson science is drastically different than it was in 1995.  He stated there was overwhelming evidence that proves Bunch could not have set the fire.  The attorney said the evidence includes advances in the field of fire victim toxicology, which allegedly proves the fire could not have been set in the way prosecutors argued it did. ......... Bunch’s attorneys and the Northwestern Center on Wrongful Convictions released the following statement Tuesday: “We are extremely happy that the State has dismissed the charge against Kristine.  She is innocent.  As the Indiana Appellate Court ruled months ago, a jury hearing all of the evidence likely would have found Kristine not guilty.
We do condemn the State for bringing arson-related charges in 1995.  That was the equivalent of the Stone Ages for arson investigations.........”

The entire story can be found at:

http://fox59.com/2012/12/18/charges-cleared-against-woman-convicted-in-1996-arson-that-killed-son/

 PUBLISHER'S NOTE

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

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.