Thursday, February 28, 2013

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:


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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:

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Harold Levy: Publisher; The Charles Smith Blog.