PUBLISHER'S NOTE: In her story on Fran Keller's bid for freedom and vindication in the Oak Hill Daycare 'ritual abuse' case, Austin Chronicle reporter "Jordan Smith" reported that, "The Court of Criminal Appeals has recently decided at least two cases that hinge on evolved medical opinions. In one, the court ruled that a mere change of heart by a medical professional was not enough to trigger appellate relief. But in the Cathy Lynn Henderson case, also from Travis County, the court has granted Henderson a new trial, based on the idea that "new" science demonstrated that the head injury suffered by a three-month-old left in her care could easily have been an accident." Keep your eye on the Charles Smith Blog for developments on both cases - and related cases (including the shaken-baby prosecutions) where prevailing medical and scientific knowledge has come under attack.
Harold Levy. Publisher: The Charles Smith Blog.
GIST: "In an opinion delivered this morning, the Texas Court of Criminal Appeals says Cathy Lynn Henderson should be granted a new trial in the 1994 Travis County murder of three-month-old Brandon Baugh.
Henderson was convicted and sentenced to die for Baugh's murder.
Henderson was babysitting Baugh at her Pflugerville-area home when the
baby died. Instead of calling for help, Henderson took off with Baugh's
body and buried him in a field in Bell County before fleeing to her
native Missouri. Her April 2007 execution was postponed by Judge John Wisser in
order to give her defense a chance to prepare an appeal arguing that
"new" science demonstrated that the head injury suffered by Baugh could
easily have been an accident. Indeed, at an evidentiary hearing former
Travis County Medical Examiner Roberto Bayardo testified that the
science had changed and that although he had previously testified, at
Henderson's trial, that Baugh's injury could not have been the result of
an accident there was now no way to say with any medical certainty that
was the case. At the close of the hearing Wisser recommended that Henderson be granted a new trial. Now the CCA has agreed, deferring to Wisser's determination that the
new scientific evidence was exculpatory in nature. "Although we need not
accept the trial court's conclusions concerning actual innocence, we
accept the court's recommendation to grant relieve and remand for a new
trial," the court wrote.
The entire story can be found at:
http://www.austinchronicle.com/blogs/news/2012-12-05/henderson-granted-new-trial
Dear reader: Stay tune for future posts; The Charles Smith Blog is following this case.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
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.
Dear reader: Stay tune for future posts; The Charles Smith Blog is following this case.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
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.
