Jeffrey Havard: facing execution in Mississippi despite proof of faulty evidence; (Discredited pathologist Steven Hayne played a key role in the conviction); Bruce Fischer. Ground Report.

COMMENTARY: "Jeffrey Havard faces execution in Mississippi despite proof of faulty evidence," by Bruce Fischer, published by Ground Report on February 8, 2013."

GIST: "There is not one single shred of evidence that Chloe was ever sexually assaulted, by Jeffrey or by anyone else.  There has never been a single person to come forward to say that Jeffrey acted inappropriately around Chloe or any other child. Not before the trial and not afterward. Sexual assault only became an issue when a nurse noticed the condition of the infant's anus in the ER and drew a conclusion right then and there. Dr. Hayne’s testimony played a major role in Jeffrey’s wrongful conviction. Dr. Hayne did not find evidence of sexual assault while conducting the autopsy, even though he was told to look for it. Hayne gave the prosecution what they needed when he testified that a one centimeter contusion in Chloe’s anus could have resulted from penetration with an object. Hayne also suggested that symptoms of Shaken Baby Syndrome (SBS) were present but the actual cause of death was never definitively argued by the prosecution. Jeffrey asked the court during his trial to provide the means to hire an independent expert to review Hayne’s findings, but the court denied his request stating that Hayne was well qualified. The court neglected to take into account that Hayne was not a certified pathologist when assessing his qualifications. In a recent interview with WAPT News, former Mississippi State Supreme Court Justice Oliver Diaz discussed the fact that Jeffrey was denied an independent expert. Diaz said Hayne's testimony that Jeffrey shook the baby to death went unchallenged because the public defender couldn't afford a second opinion. "He was denied the use of his own expert in that case, but they allowed the state to proffer Dr. Hayne as an expert for the state,” said Diaz, one of two justices who voted to throw out Jeffrey’s conviction in a 2006 appeal, with the majority voting to uphold the death sentence."

The entire commentary can be found at:

http://www.groundreport.com/US/Jeffrey-Havard-Faces-Execution-In-Mississippi-Desp/2951218

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.  

Barbara Sloan; (Arizona). Outrageous arson "science" case: An account of how a wrongful arson conviction was narrowly averted. Channel 12: The Arson Project;

PUBLISHER'S NOTE:

I am grateful to Paul Bieber of the Arson Project for drawing attention to the Barbara Sloan  case which is described as "a wrongful arson conviction narrowly averted." As the Arson Project site notes:  "In a near toxic mix of junk science, cognitive bias and sheer negligence, Phoenix Fire Department Fire Investigator Sam Richardson tries his best to add one more name to the list of the wrongly convicted. From Phoenix, Arizona, here’s the local news account from Channel 12."   Many aspects of the sub-standard Phoenix Fire Department investigation. But I was particularly horrified by the Department's  reliance on an "accelerant detecting canine," which it deemed more reliable, accurate and precise than the  laboratory test.

POST: "A wrongful arson conviction narrowly averted," published by "The Arson Project.

GIST: "In a near toxic mix of junk science, cognitive bias and sheer negligence, Phoenix Fire Department Fire Investigator Sam Richardson tries his best to add one more name to the list of the wrongly convicted."

The entire post can be found at:

http://thearsonproject.wordpress.com/2013/02/11/a-wrongful-arson-conviction-narrowly-averted/

The Channel 12 video caqn be directly accessed at:

http://www.azcentral.com/video/2152644923001

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: Texas. Arson "science" case; Waco Tribune says District Attorney's expert agrees that the scientific evidence in the case was faulty; Reporter Cindy Culp.

STORY: "DA's expert agrees science evidence faulty in Graf fire," by reporter Cindy V. Culp, published in the Waco Tribune on February 24, 2013.

GIST:  "A fire science expert retained by the McLennan County District Attorney’s office to take a new look at a 1986 fire that killed two Hewitt boys concluded the initial investigation was based on faulty science and that there is no proof the blaze was intentionally set. The report by Thomas B. Sing, CEO of Quest Fire Analysis in Boerne, was prepared in response to new developments in the arson murder case of Ed Graf.  Graf was convicted in 1988 of burning his young stepsons alive in a backyard storage shed and is serving a life sentence. But efforts are now under way to get him released from prison based on the assertion that he was wrongly convicted because of flawed scientific evidence used against him at trial. “The investigations of (the original fire experts) are lacking in scientific merit and were not consistent with the fire investigation methodologies that were the standard of care in 1986,” Sing wrote in his report. “The assumptions of ‘evidence’ upon which both men depended have no scientific basis. Additionally, eye-witness information was ignored, the fire scenes were not professionally processed and existing documentation of the fire, in 1986 continuing to present day, is not sufficient for an analysis regarding the fire origin or fire cause.......
The defense experts concluded there is no proof the fire was arson. They also dispute that the shed door was locked. The fire could not have consumed the entire structure like it did if the door was closed, because of a lack of oxygen, they said. Sing noted in his report that the new defense experts used methods “consistent with established scientific analysis and testing” in conducting their reviews."

The entire story can be found at:

http://www.wacotrib.com/news/192839451.htmlhttp://www.wacotrib.com/news/192839451.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.   

Douglas Prade/Daniel Taylor: When Does the Fight Stop? – The Role of the Prosecution; Plain Error;

STORY: "When does the fight stop? - the role of the prosecution," published by "Plain Error" the official Blog of the Innocence Project of Florida on February 14, 2013.

GIST:  "It wasn’t long after Douglas Prade was exonerated of murder that prosecutors for the State of Ohio made known their intentions to appeal the overturned conviction. Postconviction DNA testing proved Prade did not kill his ex-wife, Margo Prade, in November of 1997. However the prosecution continues to push hard the idea that Prade could in fact be Margo’s murderer. In an Los Angeles Times article, Keith Findley, president of the Innocence Network, said, “Prosecutors have enormous power over all of our lives, . . . yet no other profession is shielded from the complete lack of accountability.” .........There are many reasons and opinions as to why a prosecutor would continue to fight, but it comes down to admitting that a mistake was made. It is a difficult task to admit a wrongdoing; however is the preservation of a wrongful conviction worth keeping an innocent person in prison? After a conviction has been overturned and innocence declared, isn’t the deliberative thoughtful, diligent decision by a judge that a conviction is wrongful enough to give the case up and let the innocent individual go home? "

The entire post can be found at:

http://floridainnocence.org/content/?p=8536

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.   

Dwayne Jackson; US Supreme Court DNA case Tuesday. Will allowing police to take DNA samples before conviction increase the possibility of wrongful convictions? USA TODAY.

STORY: "High court's DNA case pits crime solving versus privacy," by reporter Richard Wolf, published in USA TODAY on February 25, 2013.

GIST:  "On Tuesday, those stories and others will resonate inside the Supreme Court, where the justices will be asked to rule on the use of DNA in law enforcement. At stake is the widespread police practice of taking DNA samples from people arrested but not yet convicted of serious crimes - a practice fueled in part by the persistent advocacy of Katie Sepich's parents. If the justices rule later this year that it's constitutional, says Jayann Sepich, "I think the impact will be monumental, and I believe there will be a tremendous number of lives saved." But civil liberties advocates worry that allowing police to take DNA samples before conviction increases the possibility of errors such as the one that stole four years of Jackson's young life. While DNA is effective in law enforcement, they say, it's also subject to contamination, misinterpretation, sample switches and outright fraud."

The entire story can be found at:

http://www.news10.net/news/national/232201/5/High-courts-DNA-case-pits-crime-solving-vs-privacy

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: David Eastman; Australia; Forensic tests on Eastman weapon in anticipation of inquiry relating to assistant police commissioner's murder: Canberra Times;

STORY: "Forensic tests on Eastman weapon," by reporter Michael Inman, published in the Canberra Times on February 16, 2013.

 

GIST:  "The proposed start date for the inquiry into David Harold Eastman's murder conviction may have been abandoned, but forensic testing has finally begun on a weapon that could undermine the verdict. The scheduled date, March 4, was switched to a directions hearing after three members of Eastman's legal team had to stand down due to conflicts of interests. But preparations for the inquiry continued unabated when the gun that could explain flecks of gunshot residue found in the boot of Eastman's car underwent test firing in Canberra this week. Further forensic analysis of the rifle is scheduled to start at an Adelaide laboratory next week. In 1995, a jury found Eastman guilty of assistant police commissioner Colin Winchester's murder, and he was subsequently sentenced to life behind bars. Eastman has served 17 years of the sentence but has always maintained his innocence, fighting the verdict all the way to the High Court. The inquiry was called after the emergence of a witness who claims he borrowed Eastman's car to go rabbit-shooting and put his .22 rifle in the boot. The evidence could explain why gunshot residue was found in Eastman's car.

The entire story can be found at:

http://www.canberratimes.com.au/act-news/forensic-tests-on-eastman-weapon-20130215-2eiz2.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.  

Kristine Bunch: Arson: Real arson "science" finally prevailed. Her case has been added to the National Registry of Exonerations. (Excellent account. HL);

POST: "Kristine Bunch" posted on the National Registry of exonerations on December 31, 2012. (A joint project of Michigan Law and Northwestern law.)

GIST: "Kristine Bunch, a client of the Center on Wrongful Convictions, languished behind bars for more than 17 years after she was arrested and charged with setting a fire that claimed the life of her three-year-old son, Anthony, on June 30, 1995, in a trailer home they shared in Decatur County, Indiana......... "Bunch’s family retained an Indianapolis attorney, Hilary Bowe Ricks, who filed a petition for post-conviction relief with Westhafer in 2006. A few months later, Betsy Marks, a supporter of Bunch’s, wrote the Center on Wrongful Convictions requesting assistance. Dan Tran, a CWC volunteer from Suffolk University Law School, read Betsy’s letter, saw immediately that Bunch’s innocence claim might have merit, and referred the request to CWC staff attorney Jane Raley.  After discussing the case with Hilary Ricks and reading the trial transcript, Raley approached three fire forensic experts — Jamie McAllister, John DeHaan, and John Malooly — who concurred in the view that the arson testimony presented by the prosecution at Bunch’s trial in all likelihood had been wrong. Raley and CWC staff counsel Karen Daniel agreed to join Ricks in representing Bunch. One of the first things they did was subpoena ATF files on the original investigation. In response, the ATF surrendered previously undisclosed documents showing that — contrary to the trial testimony of William Kinard, the ATF analyst — no heavy petroleum distillate had been found in the bedroom. No HPD, as it was known in ATF shorthand, was found anywhere in the trailer.  Kerosene had been found only in the living room, where there was an innocent explanation for its presence: The family had used a kerosene heater in the living room during winter months, and when filling it sometimes spilled kerosene on the floor. The critical sample in Tony’s bedroom was completely negative.  Because Kinard’s trial testimony that a liquid accelerant had been found in both the bedroom and living room left an inescapable impression that the fire had been set, the ATF documents were highly exculpatory. Yet they had been withheld from Bunch’s trial counsel in violation of the U.S. Supreme Court’s 1963 decision in Brady v. Maryland requiring prosecutors to turn over exculpatory materials to defense lawyers prior to trial."......... On August 8, 2012, the Indiana Supreme Court unanimously declined to disturb the Court of Appeals decision. Bunch, who had earned undergraduate degrees in English and anthropology from Ball State University in prison, was released on her own recognizance 24 days later — 17 years, one month, and 16 days after her wrongful arrest. She walked out of the Decatur County Jail, where she had been sent to await retrial, and into the arms of her family who had steadfastly supported her throughout her ordeal. Eight days before Christmas 2012, the prosecution dropped the charges."

The entire post can be found at:

 http://www.law.umich.edu/special/exoneration/pages/casedetail.aspx?caseid=4085

 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.  

Hank Skinner; Michael Morton: The Austin Chronicle asks "Where's the evidence?" - a masterful article by reporter Jordan Smith on the increasing risk of miscarriages of justice resulting from the failure to preserve and retain crucial evidence of forensic significance.

STORY: "Where's your evidence?" Advances in forensic science have made physical evidence increasingly crucial in criminal justice - but the practice of preserving and maintaining that evidence is often underfunded, poorly managed, or just plain sloppy," by reporter Jordan Smith, published in the Austin Chronicle on February 15, 2013.

GIST: "Of course, it is hard to know exactly how many people may be serving sentences for crimes they did not commit – and that worries Primo, as he struggles to get his county to enact policies that might prevent that outcome. "The issue becomes, how many other cases could have, or would have, been resolved in a more just manner if the evidence had been retained?" he wonders. To think that the state could be preventing miscarriages of justice but simply isn't because of a lack of will or even a minimal amount of funding for training and preservation, disturbs Primo. "To a person sitting in a jail cell who knows they're innocent who wants testing, to find out that the county hasn't cared about that evidence ... that's really sad." Indeed, UT law professor Bill Allison knows well the power of long-held evidence; he represented Michael Morton back in 1986 after Morton was accused – falsely – of murdering his wife Christine at their home in Williamson County, a crime for which Morton spent nearly 25 years behind bars before finally being exonerated in 2012, thanks to DNA testing of evidence that had until recently been ignored by the state. "We ought to be looking five to 10 years down the road," toward scientific advancements and should be working toward them, he says. "We ought to know what's coming." Dallas D.A. Watkins agrees. "Out of an abundance of caution," he says, Texas needs to act now to ensure compliance with evidence laws and to mandate proper training for all in law enforcement who handle evidence. "Science will progress, and science allows us not only to find mistakes that were made in the past and to make them right, but also to go forward to ensure that we don't repeat these mistakes in the future.""

The entire story can be found at:

http://www.austinchronicle.com/news/2013-02-15/wheres-your-evidence/

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.  

Improving forensic laboratories: "The time has come for a forensic laboratory improvement act." Robert L. Stevenson. American Laboratory.

STORY: "The time has come for a forensic laboratory improvement act," by Robert L. Stevenson, published in American Laboratory on January 15, 2013.

GIST: "Forensic laboratories are relied upon to provide science-based evidence for a variety of purposes and stakeholders. Since people’s lives are involved, the reports generated need to be based on the best available science and practices. Findings from the forensic laboratory need to be free from even the suspicion of conflict of interest. According to a report by the National Academy of Science (NAS) in 2009, forensic labs and their assays often fail to live up to this expectation.¹ As stated in the report, “The forensic science disciplines currently are an assortment of methods and practices used in both the public and private arenas. Forensic science facilities exhibit wide variability in capacity, oversight, staffing, certification, and accreditation across federal and state jurisdictions. Too often they have inadequate educational programs, and they typically lack mandatory and enforceable standards founded on rigorous research and testing, certification requirements, and accreditation programs.” The report criticizes what is viewed as the isolation, perhaps even ignorance, on the part of forensic laboratories on advances in the best available technology. “The forensic science system is underresourced also in the sense that it has only thin ties to an academic research base that could support the forensic science disciplines and fill knowledge gaps.”¹ The NAS also added: “The committee thus concluded that the problems at issue are too serious and important to be subsumed by an existing federal agency,” and “No existing federal agency has the capacity or appropriate mission to take on the roles and responsibilities needed to govern and improve the forensic science enterprise.”

The entire story can be found at:

http://www.americanlaboratory.com/913-Technical-Articles/128817-The-Time-has-Come-for-a-Forensic-Laboratory-Improvement-Act/

See also: "A great article in American Laboratory": Justin McShane. The Truth About Forensic Science: "More and more mainstream press are publicizing the situation. Hopefully, there will come a tipping point. We need commutability. We need standards. We need science in forensic science, and not science fiction."

 http://www.thetruthaboutforensicscience.com/

 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: Sonja Farak; (Former lab chemist): Massachusetts; Dismissal of drug cases against 14 defendants in Hampden County. The Republican: (Tip of the iceberg? HL).

See story at:

http://www.masslive.com/news/index.ssf/2013/02/so_far_14_defendants_arrested.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.

Bulletin: Tommy Zeigler: State Supreme Court has turned down appeal of decision denying DNA testing of the clothing he wore on the night of the murders. Orlando Sentinel.

STORY:  "State Supreme Court rejects Tommy Zeigler DNA decision appeal, " by reporter Jeff Weiner, published in the Orlando Sentinel on February 21, 2013.

GIST:  "The Florida Supreme Court on Thursday denied an appellate motion by convicted killer Tommy Zeigler, the latest ruling in his three-plus-decade fight to get off death row. Zeigler, the Winter Garden furniture-store owner convicted in the bloody Christmas Eve 1975 slayings of four people, remains in the Union Correctional Institution in Raiford. Zeigler's wife, in-laws and a man named Charlie Mays were killed. Zeigler was also shot, but investigators said the wound was self-inflicted as part of an insurance scheme. Zeigler, now 67, claims he is innocent of the slayings, and was instead wounded fighting his family's attackers, including Mays. Zeigler appealed to the state Supreme Court after a circuit judge denied his request to have DNA tests performed on his clothing from the night of the murders. His defense argued a lack of blood from one of the victims, Zeigler's father-in-law, on those clothes would have shown Zeigler didn't commit the beating the victim suffered. But on Thursday, the higher court affirmed the circuit's ruling, concluding that the absence of blood on Zeigler's clothes would "not establish that he was not the perpetrator." The ruling is another defeat for Zeigler's defense, which was also recently denied a request, based on the discovery of a new witness, for a new trial in the case."

The entire story can be found at:

http://touch.orlandosentinel.com/#section/-1/article/p2p-74512612/

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.


Sent from my iPad

Mark Lundy: New Zealander's backer remains confident: Science used to identify DNA on his shirt as being his wife's brain tissue comes under attack. New Zealand Herald.

STORY: "Mark Lundy's backer remains confident: Drawn-out bid to appeal against murder convictions dedended in face of criticism from families of victims,"  by reporter Kieran Campbell, published by the New Zealand Herald on February 20, 2013.

GIST:  "The man behind Mark Lundy's last-ditch bid for freedom says he is confident the Privy Council will quash the jailed killer's murder convictions. Auckland retiree Geoff Levick says he believes Lundy will be freed, more than 10 years after being jailed for the axe murder of his wife Christine and 7-year-old daughter Amber. Lundy, who is serving a 20-year sentence at Rangipo Prison near Turangi, was visited by his sister and was ecstatic to hear the development, Mr Levick said......... Lundy's lawyer, David Hislop, QC, said the defence case would focus on the science used to identify DNA on Lundy's shirt as being his wife's brain tissue, which is considered the most important piece of evidence that linked Lundy to the killings. Mr Levick accused people of criticising Lundy as being "99 per cent uninformed".........In 2002 Lundy lost an appeal to the Court of Appeal and had his non-parole period increased to 20 years."

The entire story can be found:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10866020

 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.

Jeffrey MacDonald: Forensic factors cited in review of "A wilderness of error" - Errol Morris's examination of the trials of Jeffrey MacDonald. Merry Sheils. Women Around Town.

BOOK REVIEW: "A wilderness of error:  Errol Morris examines the trials of Jeffrey MacDonald," by Merry Sheils, published by  Women Around Town on February 12,  2013.

GIST:  "Morris digs into the forensic details of the case to examine evidence, and at times the book gets bogged down in too much minutia. We learn more about fibers and hair follicles than we ever want to know. But some of each was found that matched no one in the house on that gruesome night. In addition, the drug-abusing Helena Stoeckley, the defense’s star witness, confessed to seven people, on different occasions, to being at the scene of the crime. Arguably, she was considered an unreliable witness, and indeed, recanted her testimony. But she also subsequently said she was there and knew who did it.........Did Jeffrey MacDonald do it?  The only one who knows for sure is he.  But Morris meets the standard of proof that MacDonald didn’t get a fair trial. A seven-day hearing was held in September 2012 to weigh new evidence in the case and to determine if it warrants a new trial.  As we go to press, the decision remains with the judge, and his decision will be forthcoming sometime in 2013.  We hope his decision is fair."

The entire story can be found at:

http://www.womanaroundtown.com/sections/reading-around/a-wilderness-of-error-errol-morris-examines-the-trials-of-jeffrey-macdonald

 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.  

Mark Lundy: New Zealander wins right to appeal murder convictions to British Privy Council. He argues that science used by American expert to identify brain tissue found on a shirt was flawed. New Zealand Herald.

STORY: "Lundy wins Privy Council appeal rights," by reporter Kieran Campbell, published in the New Zealand Herald on February 14, 2013.

GIST: "Mark Lundy has won the right to appeal to London's Privy Council against his convictions for the murder of his wife and daughter. But family of Lundy's victims say they are angry that the case has "dragged out so long" - and that they weren't warned before the media that the appeal had been approved. A spokesman for the Privy Council this morning said Lundy's application to appeal had been accepted and a three-day hearing would take place in London during the week starting June 17. Lundy is serving 20 years in prison for murdering his wife Christine and 7-year-old daughter Amber in a brutal axe attack in their Palmerston North home in August 2000. In 2002 he lost an appeal to the Court of Appeal and had his non-parole period increased to 20 years, the longest non-parole period of imprisonment for a life sentence ever handed down in New Zealand......... Lundy's London-based lawyer, David Hislop QC, said the appeal would pivot on the science used to identify brain tissue found on a shirt. "We say [it was] flawed science, bad science, and we obviously want to argue that," Mr Hislop told RadioLIVE this morning. "It was never good science. In essence, what was deployed from the scientists from Texas was a scientific experiment. He'd never done it before, the science world had never done it before and we say he's got it wrong."......... Police would not comment on criticisms by Mr Hislop that detectives had relied on unrecognised science to charge Lundy with the murders. The Texan scientist whose evidence about the brain tissue was crucial in Lundy's arrest told APNZ he had been called as a witness for Lundy's Privy Council appeal. Dr Rodney Miller, the director of immunohistochemistry at ProPath in the United States, said he would not comment on claims his evidence was based on "bad science". He has previously said his evidence at the trail was "the most important piece of evidence pointing toward Mark Lundy's guilt". In a paper written in 2003 about his evidence, Dr Miller said he was sought out by Detective Sergeant Ross Grantham in mid-January 2001 regarding the Lundy murders. Dr Miller said Mr Grantham had already contacted forensic laboratories in New Zealand, Great Britain and the United States and been told they could not help in identifying whether Christine Lundy's DNA found on her husband's shirt was brain tissue. "Despite my inability to guarantee him success, he decided to bring the evidence from New Zealand to ProPath to see if we could prove that there was brain tissue on Mark Lundy's shirt," Dr Miller wrote. He was later flown to New Zealand for the trial and testified that the DNA on Lundy's shirt was his wife's brain tissue. Dr Miller wrote "the definitive identification of brain tissue on Mark Lundy's shirt using immunohistochemistry was the most important piece of evidence pointing toward Mark Lundy's guilt.""

The entire story can be found at:

 http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10865342

 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.

Simon Hall. UK. Criminal Cases Review Commission will consider his claim that he was carrying out a burglary elsewhere the day the body was found: (Conflicting forensic evidence - fibres - had been at issue in his unsuccessful appeal.) BBC News.

STORY:  "Joan Albert murder: Simon Hall's Ipswich burglary claim:  Claims by a convicted murderer that he was carrying out a burglary elsewhere on the day the body was found are to be considered by a review board," published by BBC News on January 30, 2013.

GIST: "Claims by a convicted murderer that he was carrying out a burglary elsewhere on the day the body was found are to be considered by a review board. Simon Hall, 35, is serving life for stabbing Joan Albert to death in Capel St Mary in 2001. Hall now claims he was stealing CD players from a shop in Ipswich six miles (10k) away and never told police. The Criminal Cases Review Commission (CCRC) said it would consider the claim as part of its review of the case. Ms Albert was found with stab wounds at her home on 16 December 2001. Hall, a power company office worker from Ipswich, was 25 when he was jailed for life at Norwich Crown Court. Fresh review He denied murder and has continued to protest his innocence. The Court of Appeal heard his case in 2011, but upheld the conviction.  Hall's solicitor asked the CCRC to carry out a fresh review which it agreed to last year.........A CCRC spokesperson said: "The commission is aware of the new information that has come to light and it will be considered in our ongoing investigation into Mr Hall's case."

The entire story can be found at:

http://www.bbc.co.uk/news/uk-england-suffolk-21264269

Guardian story on Simon Hall's  2100 unsuccessful appeal:  "Judgment reserved in murder appeal as forensic evidence divides experts: Scientists split over fibres that prosecution says links jailed office worker to home of widow killed during break-in."

 http://www.guardian.co.uk/law/2010/dec/09/appeal-judgment-reserved-murder-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/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.

Important development: U.S. launches the "National Commission on Forensic Science" - the first recommendation of the National Academy of Science's 2009 report on problems in forensic science.

RELEASE:  "The Department of Justice and National Institute of Standards and Technology announce launch of National Commission on Forensic Science," released by the U.S. Officixe of Public Affairs on February 15, 2013. (Our thanks to "Grits for Breakfast" for drawing attention to this development. Grits tells us that this  launch "implements  the first recommendation of the National Academy of Sciences' 2009 report on problems in forensic science." GIST: "The U.S. Department of Justice and the U.S. Department of Commerce's National Institute of Standards and Technology (NIST) announced today the establishment of a National Commission on Forensic Science as part of a new initiative to strengthen and enhance the practice of forensic science.  The National Commission on Forensic Science will be composed of approximately 30 members, bringing together forensic science service practitioners, academic researchers, prosecutors, defense attorneys, judges and other relevant stakeholders to develop policy recommendations for the Attorney General. The commission will consider guidance on practices for federal, state and local forensic science laboratories developed by groups of forensic science practitioners and academic researchers administered by NIST.   "Forensic science is an essential tool in the administration of justice and needs to be continually evaluated as science progresses," said Deputy Attorney General James M. Cole. "Forensic science helps identify perpetrators, convict the guilty, exonerate the innocent, and protect public safety. This initiative is led by the principle that scientifically valid and accurate forensic analysis strengthens all aspects of our justice system." The entire release can be found at: http://www.nist.gov/oles/doj-nist-forensic-science021513.cfm Grits for Breakfast can be accessed at:  http://gritsforbreakfast.blogspot.ca/  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.

Michael Morton; Pace law prof Bennett L. Gershman on why the Ken Anderson Court of Inquiry shows prosecutorial misconduct at its worst; The Huffington Post. Must Read: HL.

POST: "Ken Anderson court of inquiry shows prosecutorial misconduct at its worse," by Bennett L. Gershman (Professor of law, Pace),  published by the Huffington Post on February 12, 2013.

GIST: "Don't cry for former Texas prosecutor, now judge Ken Anderson, who faced a court of inquiry last week into whether he deliberately hid evidence that sent an innocent man to prison for 25 years for murder. As the prosecutor in the 1987 trial of Michael Morton, Anderson testified that "the system screwed up" and that he did nothing wrong. He appeared more anguished over protecting his own image and "what me and my family have been through for 18 months of false accusations" than the terrible reality that he abused his power as a prosecutor to destroy the life of an innocent man.
Arrogant, defiant, and dishonest, Anderson's alleged misconduct in Morton's trial, and his present attempt to justify his deceit of court, jury, and defense counsel, typifies the worst in prosecutors. Below are some of the highpoints in this unusual state judicial proceeding, presided over by Judge Louis Sturns, that may result in a criminal prosecution against Anderson for contempt of court and tampering with evidence........."

The entire post can be found at:

http://www.huffingtonpost.com/bennett-l-gershman/ken-anderson-court-of-inq_b_2664315.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.  

Jennifer Del Prete: Illinois; (Shaken-baby syndrome case): Federal judge opens infants records (brain scans) after six-month battle by Medill Justice Project to access them.

STORY:  "Federal judge opens infant's records in response to Medill Justice Project: Students seeking medical documents in shaken-baby syndrome case investigation.

PHOTO CAPTION:  The Medill Justice Project is investigating the 2005 murder conviction of Jennifer Del Prete. She maintains her innocence.

GIST: The Medill Justice Project has won a six-month battle for records in federal court after a judge granted access to brain scans of an infant whose death the organization is investigating as part of a former Chicago-area day care worker’s first-degree murder conviction. Since last March, Medill undergraduate students in a class supported by The Medill Justice Project have been probing a 2002 case in which Jennifer Del Prete in Romeoville, Ill., was accused of violently shaking a  ½-month-old infant, causing fatal head injuries in what is known as shaken-baby syndrome.  Del Prete, who was sentenced to 20 years in prison in 2005, maintains her innocence. Given advances in medicine and science over the past decade, the detailed medical images, including MRIs and CT scans, may provide new insight into how the infant died. “This is a victory for open government,” said Alec Klein, director of The Medill Justice Project, an organization at Northwestern University which examines potentially wrongful murder convictions. “The medical records will hopefully shed light on this tragic case.”.........Pat Blegen, one of Del Prete’s attorneys, argued in court last month that Del Prete can’t be tied to the infant’s death in part because the infant had been experiencing a chronic brain bleed, which caused a cascade of other head trauma, which likely started before she started caring for the infant. The ER physician and defense expert at trial in 2005 identified the chronic bleeding, but got the timing wrong, Blegen said at the December hearing. Ari Telisman, one of the assistant attorney generals defending Del Prete’s conviction, said in court that the infant’s brain bleeding was benign and not the cause of her death. Del Prete was, he said. “She never smiled again,” Telisman said about the infant. Since Del Prete’s conviction eight years ago, many experts have called into question whether the triad of shaken-baby syndrome symptoms—bleeding within the eyes, brain bleeding and brain swelling—can solely identify the cause of an infant’s injuries or death. The infant in Del Prete’s case showed no overt signs of abuse, such as bruising or injuries to the neck, and several experts recently testified she was suffering from serious brain conditions before losing consciousness under Del Prete’s supervision."

The entire story can be found at:

http://www.medilljusticeproject.org/2013/02/12/federal-judge-opens-infants-records-in-response-to-medill-justice-project/
 
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.  



Sent from my iPad

Megan Martzen: Report on mistrial probes meaning of jury's verdict. CBS47TV.

PUBLISHER'S VIEW: (Editorial); It would appear from reading media accounts of the trial that the jurors did not accept the evidence of the expert  medical witnesses called by the prosecution in a bid to prove that Megan Martzen intentionally harmed  17-month-old Ella. As Defence lawyer Jeff Hammerschmidt put it: "It can not and will not ever be proven beyond a reasonable doubt, it's also very clear that 8 of the jurors believed that Megan did not intentionally cause any harm to Ella)." Instead,  the jurors looked beyond the medical evidence provided by the experts to consider all of the facts of the case, including Megan Martzen's explanation as to what occurred, and the various points raising reasonable doubt which were brought out by her defence lawyer.  As one reporter put it, by the end of the trial the jury had largely  become Megan Martzen's "support group." The question now is the extent to which the prosecutors will go in their bid to put Megan Martzen behind bars for life. Will they put their medical experts back in the witness box in the hope that maybe they can persuade another group of medical experts to accept their opinions? Will the prosecutors redouble their efforts to get this young woman in fear of  being put in prison for life to  contradict herself under the pressure of being on the witness stand so they can argue to the jury that she is lying?  If the prosecutors  lose the next trial  to a mistrial but win over one or two more jurors, will they keep going until they succeed in putting her behind bars as the child's killer? The panel of jurors acted judicially by doing their difficult job in the courtroom as their oath requires. The prosecutors should act judicially too in the circumstances by drawing a curtain on this tragic case.

Harold Levy: Publisher; The Charles Smith Blog.


STORY: "Mistrial on Megan Martzen murder case," by reporter Diane Tuazon, published by  CBS47TV on February 12, 2013.

GIST: "Through it all her family stood by her, supporting Martzen every difficult step of the way.

"It is encouraging to see how many believe in her and to see the public as well come behind us and support Megan," said April Roque, Megan's mother. The judge declared Martzen's case a mistrial after the jury deliberated for hours and came to the conclusion that they just could not come to an agreement on a verdict. Martzen's attorney says the jury spoke loud and clear. "It can not and will not ever be proven beyond a reasonable doubt, it's also very clear that 8 of the jurors believed that Megan did not intentionally cause any harm to (Ella) ," Jeff Hammerschmidt said. A few of the jurors spoke up about their support for Megan Martzen and how they truly believe she is innoncent. "The truth will set you free, she's going to be fine," said one juror. "When you really get down to it, there was no proof," said another juror......... The prosecution's reaction is what's disappointing to Martzen's mother. "Disappointed that the DA for suggesting to continue, they can see how favorable it is for Megan," Roque said. No matter what lies ahead, the Martzen's family says they will face what tommorow brings together as a family. "We will respect what they do, and we will keep pushing forward," Roque said."

The entire story can be found at:

http://www.cbs47.tv/mostpopular/story/Mistrial-on-Megan-Martzen-murder-case/NOmENZXeqEWZo2xaC7iadA.cspx

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.  

Jeff Havard: (Mississippi). Death row inmate among many challenging pathologist Steven Hayne's findings. WAPT News asks "Who's accountable?"

STORY: "Death row inmate among many challenging pathologist's findings" Hayne subject of legal fight' Hayne defends record as (Mississippi) state  pathologist," published by WAPT  NEWS  on February 8, 2013.

GIST:   "Time is running out for Jeff Havard, who is sitting on death row convicted of
murder.  But now, the man who helped put him there is under fire. "I'm not one to usually use the language, but it's pure hell knowing that unless something comes about, that he could by laying there, you know, and put to death for something that didn't happen," said his Havard's mother, Cheryl Havard Harrell......... Former state Supreme Court Justice Oliver Diaz said Hayne's testimony that Havard shook the baby to death went unchallenged because the public defender couldn't afford a second exam. "He was denied the use of his own expert in that case, but they allowed the state to proffer Dr. Hayne as an expert for the state," said Diaz, who served on the Mississippi Supreme Court from 2000 to 2008. Diaz was one of two justices who voted to throw out Havard's conviction in a 2006 appeal. But in the end, the majority of the high court upheld the death sentence."

The entire story can be found at:

http://www.wapt.com/news/whos-accountable/Death-row-inmate-among-many-challenging-pathologist-s-findings/-/9537186/18435614/-/eftqbq/-/index.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.  

Hillsborough Disaster: UK: A coroner has been appointed to head the fresh inquest; New police investigation and Independent Police Complaints Commission inquiry are also under way. Victims had been wrongly blamed for deaths at stadium.

STORY: "Premier League - Hillsborough inquest coroner named: A coroner has been appointeed to the fresh inquest into the deaths of the 96 victims of the Hillsborough disaster, and pledged to open the inquiry as soon as possible," published by UK Eurosport on February 13, 2013.

GIST:  "A new inquest into the deaths of the Liverpool supporters at Sheffield Wednesday's Hillsborough stadium on April 15 1989 was ordered after the original verdicts were quashed by the High Court in December. Lord Justice Goldring has been appointed as assistant deputy coroner for the inquiry and will decide in due course where the inquests will be held, the Judiciary said.......... The fresh inquest into the disaster was ordered when a panel of three High Court judges, headed by the Lord Chief Justice Lord Judge, quashed the accidental death verdicts. A damning report laying bare a cover-up which attempted to shift the blame for the tragedy on to its victims was published last September. A new police investigation, as well as an inquiry by the Independent Police Complaints Commission (IPCC) are also being conducted."

The entire story can be found at:

http://uk.eurosport.yahoo.com/news/football-hillsborough-inquest-coroner-named-105157272.html

Wikipedia entry: "The 1989 Hillsborough disaster was a human crush which occurred during the FA Cup semi-final match between Liverpool and Nottingham Forest football clubs on 15 April 1989 at the Hillsborough Stadium in Sheffield, England. The crush resulted in the deaths of 96 people and injuries to 766 others.  The incident remains the worst stadium-related disaster in British history and one of the world's worst football disasters.

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

 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: Megan Martzen: Mistrial declared as jurors remain deadlocked in "shaken baby syndrome" babysitter case. Fresno Bee. (A strong group of jurors thought Martzen was totally innocent, a juror said. KMJ story below:)

STORY: "Mistrial declared in Megan Martzen murder case," by reporter Marc Benjamin, published by the Fresno Bee on February 14, 2013.

GIST:  "A Fresno County judge declared a mistrial Thursday in the Megan Martzen murder trial after jurors told the court they remained deadlocked on a verdict. Jurors on Wednesday first told Superior Court Judge Edward Sarkisian they appeared to be "hopelessly deadlocked.""

The entire story can be found at: 

http://www.fresnobee.com/2013/02/14/3174352/mistrial-declared-in-megan-martzen.html

KMJ: More comprehensive story on the mistrial - and the trial which preceded it.  "There was a strong group that thought (Martzen was) totally innocent," juror Jennifer Aleman said, "a strong group that thought totally guilty, and then a mix. I think it was just way to left and way to right and we couldn't make a decision." Ultimately the jury was split at a final vote of 10-to-2 on the murder charge and 8-to-4 on the child abuse causing death count; both votes in favor of not guilty. Martzen's attorney, Jeff Hammerschmidt, along with prosecuting attorney Jeff Dupras, spoke to 10 of the 12 jurors after the judge was forced to declare the case a mistrial. "They were very frank with us," Hammerschmidt said. "They were asked whether they thought there was any potential of getting a unanimous jury in the future on either of the counts and all 10 people said there was no chance, on these facts, of getting a verdict on a retrial.'" Since no verdict was reached, the District Attorney now has the option to re-file charges against Martzen, but Hammerschmidt says he is very hopeful that will not be the case in light of the jury's majority vote in favor of his client. "It's not my decision but that's what would make sense," Hammerschmidt said. "If there was 8 out of 12 that believed she did not intentionally cause any harm to the child it does not really make a lot of sense to go forward and waste tax payer money and time when we're likely to have another hung jury or find her innocent. Hopefully that will be taken into account and we won't be having a retrial." If the prosecution does re-file charges, Martzen's second trial could be set as early as next month."

http://www.kmjnow.com/pages/landing?Martzen-Murder-Case-a-Mistrial=1&blockID=665747&feedID=806

 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.  

Jamie Bouman: Canada; "Prison cell death, cremation questions linger for Jamie Bouman’s family." A disturbing story by Toronto Star reporter Peter Edwards. (In aftermath of Ashley Smith's tragic prison cell death, Canada's Correctional Service is in the spotlight once again. Must Read. HL).

PUBLISHER'S VIEW: (Editorial):  Two years have passed and the mandatory inquest required when a prisoner dies in a federal prison in Canada has still not been called. The reasons for the  Canadian Correctional Service's reluctance to call the inquest appear to be self-evident when one examines  the questions raised by Jamie Bouman's father about his son's prison cell death, as detailed by my  Toronto Star colleague Peter Edwards in today's paper. After two years, the official explanation that the delay has been caused by scheduling problems doesn't hold water. Considering the desperate attempt the Canadian Correctional Service made to block an inquest into the death of inmate Ashley Smith from considering key evidence shedding light on the disturbing actions - or inactions  - of the service and its employees, it is  reasonable to wonder what the Correctional Service wants to cover up in this case. Only a full,  fearless, probing inquest - like the second inquest ordered into Ashley Smith's death - can dispel the inference that the Canadian government has something very dark and disturbing to hide - and tell us if there is anything to be learned from Jamie Bouman's death which may save the lives of others.

Harold Levy. Publisher. The Charles Smith Blog.

STORY: "Prison cell death, cremation questions linger for Jamie Bouman's family: Father says he’s still waiting after two years for an explanation as to how his son died in his cell at Millhaven Penitentiary in Kingston," by reporter Peter Edwards, published by the Toronto Star on February 13, 2013.

PHOTO CAPTIONS: "Ed Bouman, 59, wants answers to many questions about why his son died, an apparent suicide, at Millhaven, and the body was cremated before the family had a chance to see it. There appears to be no video, Inquests are mandatory for all deaths in custody that are deemed not natural, Jennifer Kerr, a spokesperson for the Coroner’s Office, said. There is no deadline for when such inquests must be held and a date hasn’t yet been announced for Jamie Bouman’s inquest. no explanation and no date set for a mandatory inquest, though it's been two years."

GIST:  "It was two years ago, on Family Day 2011, that Ed Bouman got the telephone call from the prison chaplain at Millhaven Penitentiary, informing him that his only son, Jamie, was dead. “Mr. Bouman, I’m sorry to inform you but your son has passed away,” Bouman recalls the prison chaplain saying. That call took about three minutes, he recalls. Since then, Bouman, 59, has learned little more about the morning his 32-year-old son apparently suffocated himself with a plastic bag after going off his antidepressants. “I’m not getting answers,” the grandfather of six said in an interview in his eastern Ontario cottage. “I was told in the first week that there would be a coroner’s inquest within the first year. Nobody called me.”........Bouman says he has plenty of unanswered questions that demand answers: Why was his son allowed to go off antidepressants? Why was a depressed prisoner allowed to have a plastic bag in his cell? Shouldn’t there be video of his son’s final hours? Why wasn’t he able to see his son’s remains one last time before he was cremated? Why wasn’t the family given a heads-up that Jamie’s ashes would be arriving at their home in a courier van? What happened to a last letter he supposedly wrote?"

The entire story can be found at:

http://www.thestar.com/news/crime/2013/02
 /13/prison_cell_death_cremation_questions_linger_for_jamie_boumans_family.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.  

Bulletin: Megan Martzen: (Babysitter "shaken baby syndrome" case): Judge tells deadlocked jury to continue deliberations on murder and child abuse charges; The Fresno Bee. (Jurors sent home and will return to court Thursday to continue their deliberations).

STORY: "Deadlocked jury told to continue deliberations in Megan Martzen murder trial, by reporter Marc Benjamin, published by The  Fresno Bee on February 13, 2013.

GIST:  "Jurors in the Megan Martzen murder and child abuse trial returned to the courtroom Wednesday afternoon and announced that they were deadlocked. Judge Edward Sarkisian sent the jurors back to deliberate more. The news broke after the lunch break, when the jury returned to the courtroom Wednesday afternoon and the foreman reported that the jury was stuck on votes of 10-1-1 on the murder count and 7-5 on the child abuse count. The foreman did not say which way the jury was leaning." The jury must be unanimous to convict in criminal cases. The jury was unanimous when the judge polled each member: "Hopelessly deadlocked." Two jurors did say they thought they could reach a unanimous verdict on one count, at least."

The entire story can be found at:

http://www.fresnobee.com/2013/02/13/3172728/jury-still-deliberating-in-megan.html

KFSN/TV story: (Jury sent home overnight and ordered to return to court Thursday morning to continue their deliberations);

 bclocal.go.com/kfsn/story?section=news/local&id=8992118

 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: Dr. Aubrey Levin: Former forensic psychiatrist is granted bail following conviction on three counts of sexually assaulting his court-ordered male patients; Sentenced to five years. CBC News.

STORY: "Ex-psychiatrist gets bail as he appeals assault conviction," published by CBC News on February 13, 2013;

GIST: "A former psychiatrist who was convicted last month of sexually assaulting three male patients will be released on bail pending his appeal. Aubrey Levin, 74, was sentenced to five years in jail for sexually assaulting three of his patients. Four other counts ended in mistrial because the jury was unable to reach a verdict on those after a three-month trial. Justice Donna Shelley said she granted Levin bail because he is not a danger to the public given his age and circumstances, and because he has a history of complying with bail conditions. The disgraced doctor’s lawyer filed an appeal minutes after his client was found guilty. Levin worked as a court-appointed psychiatrist. All three victims were referred to him by the court."

The entire story can be found at:

http://www.cbc.ca/news/canada/calgary/story/2013/02/13/calgary-levin-appeal-psychiatrist-sex.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.  

Larry Swearingen; Texas: Outstanding, outspoken, passionate lawyer/blogger Jeff Gamso on "testing and believing the fucking DNA." From his blog: The Defence Rests.

STORY: "On judges getting it right and prosecutors getting it wrong and testing and believing the fucking DNA," by Jeff Gamso, posted on his Blog "For the Defence" published on February 8, 2013.

GIST: "As Paul Kennedy wrote this morning, "Judge tells state to just test the damn DNA" which appears not to be exactly true, but hell, it was a headline.  And it sure looks like he's about to tell them to test it. It's from Larry Swearingen's case, the one where nine (9!) forensic pathologists examined the autopsy results and concluded that the evidence clearly showed that he was innocent.  You know, because he was in jail when someone (but not he) killed Melissa Trotter.  And now it looks like they'll finally test the DNA.  And really, it's about time and getting awfully close since the good people of Texas were meaning to kill him in less than a month.  And of course the prosecutor is on their side because who gives a rat's ass about innocence, after all, when the chance for killin' is so close."

The entire post can be found at:

http://gamso-forthedefense.blogspot.ca/2013/01/on-judges-getting-it-right-and.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.  

Michael Morton: Houston Chronicle Editorial: Ken Anderson: Crime or not, other prosecutors should be sobered by the detailed public account - and the horrible consequences that resulted.

EDITORIAL: "Court of Inquiry and the Michael Morton case: Details of case that sent an innocent man to prison should put prosecutors on notice," published by the Houston Chronicle on February 8, 2013.

GIST:  "The court of inquiry has turned out to be an excellent vehicle for bringing transparency to a much-needed public examination into then-D.A. Anderson's actions. Rusty Hardin, one of Houston's top criminal defense attorneys, has vigorously laid out detailed accounts of how Anderson built a case on false assumptions and faulty evidence while vigorously acting to keep the defense from obtaining documents that would have helped their case. Anderson even went so far as to keep the deputy who was the lead investigator from testifying because he would have been required to turn over the deputy's reports, including the ones on the son's account and of the suspicious stranger. Meanwhile, Anderson's attorneys have mounted a vigorous and capable defense of their client, bringing out mitigating facts that had not been made public. Even if Anderson is not found to have committed any crime, other prosecutors should be sobered by the detailed public account of how badly he botched this case - and the horrible consequences that resulted. The possibility that they could suffer such public exposure should make them cautious."

The entire editorial can be found at:

http://www.chron.com/default/article/Court-of-inquiry-and-the-Michael-Morton-case-4264448.php

 Wikipedia entry:

http://en.wikipedia.org/wiki/Michael_Morton_%28criminal_justice%29

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.