Henry Keogh; Australia; His case is said to have inspired legal reform: Breakthrough attributed to authors Robert Moles and Bibi Sangha; Expected to be catalyst for appeals; Jeremy Roberts; InDaily.

STORY: "Keogh case inspires legal reform." by Jeremy Roberts, reported by InDaily on March 20, 2013, with thanks to Networked Knowledge for drawing this report to our attention.

GIST:  "In an Australian first, a new statutory right to appeal was passed by the Legislative Council yesterday. Jeremy Roberts analyses the origins of the reform. Scratch a little deeper and the DNA of the Government’s Statutory Amendment (Appeals) Bill 2012 belongs to one man – Henry Keogh. Keogh was convicted of murdering his fiancée, Adelaide lawyer Anna Jane Cheney, in 1994 and has been trying to clear his name ever since, pointing to serious questions over the forensic evidence used to convict him. It is certain that Keogh will be among the first prisoners to ask for an appeal under the new Act. Others thought to be ready to appeal again are David Szach, Edward Splatt and Derek Bromley.. Opposition deputy leader Vickie Chapman commented in the Bill’s lower house debate on February 7, referring to Keogh’s case: “Sometimes very important cases do throw light on deficiencies in our system and for that reason need to be reviewed alone,” Chapman said.........A breakthrough of sorts came with the 2010 publication of Forensic Investigations and Miscarriages of Justice, co-authored by Bibi Sangha of Flinders University Law School and Bob Moles, a former legal academic and law activist (they are also married). Ten years earlier it was Sangha and Moles who cut their teeth on the subject of questionable forensic evidence in preparing several of Keogh’s failed petitions for mercy and publishing two previous books on the topic."

The entire InDaily  story can be found  on the Networked Knowledge site at:

 http://netk.net.au/Appeals/Appeals9.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.  

Amanda Knox: Commentary published by The Guardian focusses on the discrediting of minute traces of forensic evidence during the appeal process; Commentator Joan Smith indicts Italian criminal justice system for "incompetence and rank misogyny."

COMMENTARY: "Amanda Knox's retrial puts Italian justice in the dock," by Joan Smith,  published in the Guardian on March 26, 2013.

SUB-HEADING: "Rudy Guede killed Meredith Kercher. The continued pursuit of Knox and Rafaelle Sollecito implies incompetence and misogyny."

GIST: "The announcement that Amanda Knox and her Italian ex-boyfriend, Raffaele Sollecito, are to face a retrial means a fourth set of proceedings, no doubt with worldwide publicity. It also confirms the reluctance of the Italian authorities to let go of a misogynist fantasy which has turned the case into a prolonged media circus......The central mystery of this case is not the identity of the murderer but the steely determination of the Italian authorities to drag in two other suspects, Knox and Sollecito. At their original trial in 2009, the prosecution was able to produce neither witnesses nor a credible motive. Knox's "confession" was obtained when she was sleep-deprived, had no access to lawyers and was unable to speak fluent Italian; she retracted it as soon as she was allowed to sleep and get legal advice. The two students' eventual conviction rested on minute traces of forensic evidence, and even that was comprehensively discredited during their successful appeal in 2011.......... The resurrection of the tabloid caricature "Foxy Knoxy" cannot be far off, but it's hard to see how justice is served by what looks like the prosecution's idée fixe. Knox and Sollecito face the ordeal of another trial but the Italian criminal justice system is also in the dock, arraigned for incompetence and rank misogyny."

The entire commentary can be found at:

http://www.guardian.co.uk/commentisfree/2013/mar/26/amanda-knox-retrial-italian-justice

Wikipedia entry:

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

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: California; Significant development: She has pleaded 'no contest' to involuntary manslaughter following a jury mistrial - and has thereby avoided a retrial; Probation expected. KSEE 24;

STORY: "Reedley babysitter pleads 'no contest' to involuntary manslaughter, avoids retrial," by reporter Carina Corral, published by KSEE News on March 28, 2013.

GIST: "Megan Martzen pleaded no contest to involuntary manslaughter this morning in court after a jury was declared hung back in February.........The judge presiding over the case suggested the plea deal offers probation and no jail time. The prosecution had suggested it may take the case back to trial. Martzen's defense attorney had said ten of the hung jurors believed no jury would ever be able to reach an agreement. Martzen is due back in court April 30 for sentencing."

The entire story can be found at:

http://www.ksee24.com/news/Reedley-Babysitter-Pleads-No-Contest-to-Involuntary-Manslaughter-Avoids-Re-trial-200450041.html

See more detailed Fresno Bee report: (Reporter Marc Benjamin); She is expected to be placed on probation;

http://www.fresnobee.com/2013/03/28/3234017/megan-martzen-pleads-to-involuntary.html


PUBLISHER'S NOTE:   

I 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.  

Amanda Knox: Commentary published by The Independent depicts a "bizarre" ruling based on "mishandled forensic evidence and demonisation."

COMMENTARY:  "Bizarre ruling in the case of Amanda Knox and  Raffaele Sollecito merely highlights failings of Italian justice system," by Peter Popham,  published by the Independent on March 27, 2013.

SUB-HEADING: "The pair's conviction despite no evidence or motive  was based on a weak alibi."

GIST:  "Yet the murder was not the mystery it appeared: a few weeks after the couple’s arrest, a local Perugia drifter and drug dealer called Rudy Guede, originally from the Ivory Coast, who had broken into several properties in the preceding weeks and who was in the habit of carrying a knife, was arrested in Germany and sent back to Italy to stand trial. Guede’s traces were all  over the crime scene and he was convicted in a fast-track trial that concluded before the trial of Ms Knox and Mr Sollecito began. The conviction of the pair despite the lack of evidence or motive was principally based on the weakness of their alibi: they claimed to have spent the night together at Mr Sollecito’s flat, but there was nobody to corroborate their story. But the positive claims of prosecution witnesses to have seen them close to the crime scene proved to be flimsy......... Yet to many observers who saw the trial unfold, with its catalogue of mishandled forensic evidence and demonisation of Ms Knox and Mr Sollecito, there was more than reasonable doubt cast on their guilty verdicts. When they both got long, long sentences, it seemed proof of the grossly disproportionate power of prosecutors in Italian trials. One year and five months ago an appeal court in Perugia threw out the convictions of both of them, and Ms Knox flew home to her family. For many observers it represented justice. What the Italian Supreme Court has now decreed appears merely bizarre."

The entire story can be found at:

http://www.independent.co.uk/voices/comment/bizarre-ruling-in-the-case-of-amanda-knox-and-raffaele-sollecito-merely-highlights-failings-of-italian-justice-system-8550706.html

Wikipedia entry:

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

PUBLISHER'S NOTE:   

I 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: Arson "science." Significant development; Texas Court of Criminal Appeals says he deserves a new trial in 1986 arson murder prosecution - but stops short of declaring him innocent. Waco Tribune. (Post contains an important reference to George Souliotes case in California. HL);

STORY: "Court rules that Graf deserves new trial in 1986 Hewitt arson murder," by reporter Cindy V. Culp. published by the Waco Tribune on March 27, 2013.

GIST: "The Texas Court of Criminal Appeals ruled Wednesday that a Hewitt man convicted of burning his two sons alive in a backyard storage shed in 1986 deserves a new trial. The appellate court stopped short of finding Ed Graf innocent of the crime. But in the opinion, the justices agreed that “the false testimony of arson investigators violated his right to due process.” Graf’s attorney, Walter M. Reaves Jr. of Waco, has sought to overturn Graf’s conviction on the basis that arson testimony given by experts at his trial was based on flawed investigative methods that scientists now know to be false......... The decision about whether to re-try Graf will now be up to McLennan County District Attorney Abel Reyna. He has previously said his office would thoroughly reinvestigate the case and base its decision about a new trial on that. If Graf is not tried again, he would be released from prison. He has spent 25 years behind bars."

 The entire story can be found at:

http://www.wacotrib.com/news/courts_and_trials/ed-graf-gets-new-trial-in-hewitt-arson-murder/article_3905019e-8990-58fe-9d12-b3a82d02ef8b.html

See the informative release from "The Arson Project" which notes: "Whereas the Texas Court of Criminal Appeals and the Texas State Fire Marshall’s Office appear to be approaching cases concerning faulty forensic fire scene examinations with an open mind, the same can not be said for the California Attorney General’s Office in the case of George Souliotes.  Here are two recent print articles with updates on his case....."

http://thearsonproject.wordpress.com/2013/03/27/as-ed-grafs-hopes-build-george-souliotes-languishes/

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.  

Amanda Knox: Several compelling reasons why Italy should be denied a third shot at Amanda Knox; Editorial; The Seattle Times;

EDITORIAL: "Italy should be denied a third shot at Amanda Knox," published by the Seattle Times on March 26, 2013.

GIST: "More than five years after the tragic murder of her roommate, Seattle’s Amanda Knox has weathered two trials, nearly four years in prison, a Lifetime TV movie and legal bills well above $1 million. What she doesn’t need is another stamp on her passport from Italy........."If Italy seeks extradition of Knox, the U.S. government should look closely at the sad, bizarre course of this case and deny the request. Her 2009 conviction was overturned in 2011 because of fundamental flaws in the evidence against her and her one-time Italian boyfriend, Raffaele Sollecito. The prosecution’s theory — of a sex game involving Knox, Sollecito, Kercher and a fourth party gone brutally awry — was as ludicrous as it was flimsy. Instead, evidence overwhelmingly pointed to the fourth party, Rudy Guede, who fled Italy after the murder before eventually being captured and pleading guilty. The history of this case suggests a third trial would get the Kercher family no closer to relief. And it would undoubtedly expose Knox, who has returned to study at the University of Washington, to double jeopardy."

The entire editorial can be found at:

 http://seattletimes.com/html/editorials/2020645271_editamandaknoxxml.html

Text of statement  issued by Amanda Knox: "It was painful to receive the news that the Italian Supreme Court decided to send my case back for revision when the prosecution's theory of my involvement in Meredith's murder has been repeatedly revealed to be completely unfounded and unfair."

http://bigstory.ap.org/article/text-statement-issued-amanda-knox

 Wikipedia report:

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

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: Arson "science." Dallas News says arson science must be applied in the criminal courts;

EDITORIAL:  "Force arson science to apply in criminal court," published by the Dallas News on March 28, 2013.

GIST:  "Modern arson science is gaining traction in large part through a controversial decision by the fledgling Texas Forensic Science Commission to take a retrospective look at the Cameron Todd Willingham arson-murder conviction, which led to his execution in 2004. While not addressing the Willingham verdict, the commission’s final report highlighted weaknesses in the field of arson forensics and recommended ways to improve it. The current state fire marshal, Chris Connealy, is following through on a recommendation to review old arson cases for weak forensic work. The Graf case has surfaced on a short list. The recourse in Texas courts, meanwhile, needs a clear set of rules for defendants whose claims of innocence can be buttressed by advances in science. Toward that end, the Texas Senate this week passed legislation (SB 344) by Sen. John Whitmire, D-Houston, to let courts throw out convictions that were based on false or discredited forensic testimony. Passed 28-3, the bill tells the courts to be alert to scientific evidence unavailable at the time of trial. The House needs to finish work on this bill. No one should sit in prison on the basis of old wives’ tales."

The entire editorial can be found at:

http://www.dallasnews.com/opinion/editorials/20130328-editorial-force-arson-science-to-apply-in-criminal-court.ece

See "Grits for Breakfast post on Texas Senate bill on  junk science challenges:

 http://gritsforbreakfast.blogspot.ca/2013/03/bill-to-allow-habeas-relief-on-junk.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 Hollis: Mississippi; Acquitted woman sues forensic pathologist Dr. Steven Hayne; Hattiesburg American.

STORY: "Acquitted woman  sues forensic pathologist," by reporter Jesse Bass, published by the Hattiesburg American on March 20, 2013.

GIST: "A woman acquitted of a murder charge in the 2002 Lamar County shooting death of her boyfriend has sued forensic pathologist Dr. Steven Hayne for unspecified compensatory and punitive damages. Jennifer Wardle Hollis filed her lawsuit Friday in U.S. District Court. Hollis was acquitted of a murder charge in connection to the May 1, 2002, shooting death of James Neal May, who was found dead of a single gunshot wound to the back of the head in a small bedroom of his trailer on West Fourth Street, according to previous reports. She was indicted in 2007 and stood trial on the murder charge in 2010. “Plaintiff Jennifer Wardle Hollis was falsely accused, indicted and tried of the murder of James Neal May,” her lawsuit states. “Mrs. Hollis’ ordeal was the result of wrongful actions of Dr. Steven Hayne, a pathologist, who submitted information he knew or should have known was incorrect or recklessly disregarded the veracity of such evidence against Mrs. Hollis that led to her wrongful prosecution and trial.” The lawsuit claims May shot himself, and both the Lamar County Coroner’s Office and sheriff’s investigators ruled the death a suicide, presenting the case to a grand jury twice without indictment. The man’s body was exhumed so Hayne could conduct an autopsy that resulted in the determination that the death was not a suicide, the complaint states. Hollis argues Hayne’s report caused her to be prosecuted."

The entire story can be found at:

http://www.hattiesburgamerican.com/article/20130321/NEWS01/303210015/Acquitted-woman-sues-forensic-pathologist?nclick_check=1

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. 

Amanda Knox: Acquittal overturned; Italian court orders new trial. Court's reasons to follow;

STORY: "Italian court orders  new trial for Amanda Knox," published by the Associated Press on March 26, 2013.

GIST:  "Italy's highest criminal court on Tuesday overturned the acquittal of Knox in the slaying of her British roommate and ordered a new trial, prolonging a case that has become a cause celebre in the U.S.........Italian law cannot compel Knox to return from the U.S. for the new trial. The appellate court hearing the case could declare her in contempt of court but that carries no additional penalties.
It is unclear what would happen if she was convicted in a new appeals trial. "If the court orders another trial, if she is convicted at that trial and if the conviction is upheld by the highest court, then Italy could seek her extradition," Knox's lawyer Carlo Dalla Vedova said Monday. It would then be up to the United States to decide if it honours the request. U.S. and Italian authorities could also come to a deal that would keep Knox in the United States."

The entire story can be found at:

 http://www.cbc.ca/news/world/story/2013/03/26/amanda-know-italy.html

Wikipedia account:

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

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. 

The Friedman case: (Subject matter of the documentary "Capturing the Friedmans); Wrongful Convictions Blog points to "new scholarship," shedding light on a wrongful conviction - not yet overturned - that occured in an atmosphere of national hysteria. Must read. HL;

STORY: "New Scholarship spotlight: Destruction of innocence: The Friedman case: How coerced testimony and confessions harm children and families and communities for decades after the wrongful convictions occur," by Mark Godsey, published by the Wrongful Convictions Blog on March 14, 2013.

GIST: "Between 1984 and 1995, at least 72 individuals were convicted during the national hysteria of mass child molestation and satanic ritual abuse cases. Almost all those convictions have since been overturned. This paper analyzes the present-day, on-going impact from wrongful convictions, focusing on the Friedman case, well-known as the subject of the landmark documentary film, Capturing the Friedmans. Though the US Appeals Court has ruled that Jesse Friedman was likely wrongfully convicted, the case has not yet been overturned.........The impact on wrongly-imprisoned defendants is obvious, however the impact on hundreds of children has rarely been considered. Initially sure they were not sexually abused, and confident in their perceptions of reality, these children were dragged to a place of confusion, mistrust of adults, and uncertainty about themselves and the world. This paper provides new evidence and insight from extensive interviews with people police alleged were molested – and who now as adults confirm they were coerced into making false accusations. Also revealed are new witnesses who were present during alleged crimes against others, and now confirm there was no molestation.

http://wrongfulconvictionsblog.org/2013/03/14/new-scholarship-spotlight-destruction-of-innocence-the-friedman-case-how-coerced-testimony-confessions-harm-children-families-communities-for-decades-after-the-wrongful-convictions-oc/

See Wikipedia post on "Capturing the Friedmans" at:

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

Brad Cooper: North Carolina; First degree murder; Trial judge's refusal to permit defence to call two computer experts to testify is among the grounds of appeal: Brad Cooper wants an opportunity io show that his computor had been hacked - and evidence planted. News 14;

STORY: "State responds to Brad Cooper's murder conviction," by reporter Herather Moore, published by News 14  on February 28,  2013.

GIST:  "In the appeal, Cooper's attorneys say the judge should have allowed them to call two computer experts to testify because they would have told the jury Cooper's computer had been hacked and evidence against him had been planted or manufactured on the computer. The judge did not allow those witnesses, saying one of them wasn't qualified as an expert and that the defense didn't follow proper procedures for calling the other one. The defense also said the judge should have granted them access to the FBI's standard operating procedures for forensic computer examinations, which the judge denied. The attorney general's brief supports the judge's ruling, saying the FBI's investigation methods are protected under state law, and releasing them could jeopardize future investigations.
Now that both the defense and the state have filed their briefs with the Court of Appeals, the court can either make a ruling based on those briefs or ask both sides to come in and present their arguments."

The entire story can be found at:

http://triangle.news14.com/content/690513/state-responds-to-brad-cooper-s-murder-conviction-appeal

 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. 

DNA exonerations: Commentator Lisa Falkenberg takes on a prosecutors' claim that "We're pretty much done with the DNA exonerations." Houston Chronicle.

COMMENTARY:  "Prosecutors need to be accountable for their actions," by Lisa Falkenberg, publikshed by the Houston Chronicle on March 6, 2013.

GIST:  "In an ethics training video leaked recently by someone at the Harris County District Attorney's Office, the trainer, Rob Kepple, seems genuinely puzzled at one point by the question of why the topic of prosecutor accountability is such a big deal these days. "I got a theory," Kepple, executive director of the Texas District and County Attorneys Association, tells a room full of Harris County prosecutors. "I think it's because we're pretty much done with the DNA exonerations. … We've tested just about everything we can. Now you've got a whole big exoneration machine that doesn't have anyone to chew on anymore." So, he concludes, it only makes sense to go after prosecutors. We - presumably the media, the public, the lawmakers and the Innocence Project - need something else to chew on. I take a different view. I think prosecutor accountability is a big issue because former Williamson County prosecutor Ken Anderson - who sent Michael Morton to prison for a quarter century for a murder he didn't commit - is still sitting on a bench, wearing a judge's robe, hearing cases."

The entire commentary can be found at:

http://www.houstonchronicle.com/news/falkenberg/article/Prosecutors-need-to-be-accountable-for-their-4331097.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

Doug Prade: How the Innocence Project used DNA testing to overcome junk science bite mark evidence - and the State of Ohio still can't let go; RYOT News.

STORY:  "Members of Innocence Project  use DNA testing to help free ex-cop," published by RYOT News on March 11, 2103.

GIST:  "The students’ prospect of success was tied to the evidence that helped to convict Prade in the first place in 1998: bite marks by the killer that left an impression on Margo Prade’s lab coat.
The marks set off “alarms” among student lawyers, who are taught that bite mark evidence falls under the category of junk science. “Often times,” said Godsey, “it ends up that the person’s innocent.”
Students invested eight years battling the Summit County Prosecutor’s Office to get DNA testing of the bite on the lab coat. The delay infuriated Godsey, especially because the Innocence Project offered to pay for the testing years ago. “We’ve had plenty of cases where it comes back guilty, and that’s great. That means the system got it right,” he said.".........In 2008, the Innocence Project called in the Jones Day law firm in Cleveland, which provided free assistance. Jones Day attorneys Lisa Gates and Dave Alden each estimate they spent 400 hours on the Prade case in 2012 alone, said Wood, the Innocence Project attorney. The Ohio Supreme Court ruled in 2010 that the lab coat should be retested using newer methods. In ordering Prade’s release in January, Summit County Judge Judy Hunter wrote that “the defendant has been conclusively excluded as the contributor of the male DNA on the bite mark section of the lab coat.” Summit County is appealing the decision to the 9th District Court of Appeals."

The entire story can be found at:

http://www.ryot.org/members-of-innocence-project-use-dna-testing-to-help-free-ex-cop/96213

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. 

Willie Grimes: North Carolina; Another man is indicted for the 1987 rape which sent him to prison for life. (Misleading "hair" evidence was a factor in the wrongful conviction). The Hickory Daily News.

STORY: "Hickory man indicted for 1980's rape," by reporter Skip Marsden, published in the Hickory Daily record on March 8, 2013.

GIST: “This case originated out of an inquiry by the Innocence Commission inquiry into a 1980’s rape for which Willie Grimes was sentenced to life,” said Noelle Talley, spokesperson for the North Carolina Department of Justice. “The District Attorney requested the SBI to look into a rape that occurred in the 1970s, which resulted in (the) arrest.” District Attorney Jay Gaither said the state investigation uncovered evidence that led to Turner’s arrest. He said the charge came from the statute that was in effect at the time of the offense. There is no statute of limitations on a felony, Gaither said. Grimes was arrested for the rape of a 69-year-old woman in Hickory in October 1987. Grimes, then 41, went to the Hickory Police Department on learning he was wanted for questioning......... Grimes maintained his innocence throughout his trial and the ensuing years of imprisonment. He was able to convince the commission to investigate his case. The commission, after digging through existing evidence and searching for missing evidence, decided unanimously to refer the case to a three-judge panel for review. Grimes was unanimously found innocent of the charges against him by the panel when lead judge David Lee paraphrased the Rev. Martin Luther King’s famous 1963 speech and said, “Free at last. Free at last. Thank God Almighty. Thank Jehovah, Willie Grimes is free at last.”"

The entire story can be found at:

 http://www.hickoryrecord.com/news/article_35422874-883e-11e2-9d12-0019bb30f31a.html

 See previous post: "In court the prosecution said there was a strand of hair belonging to a black man on the items of the white rape victim. In court the hair was never positively identified at Grimes’ hair, just the hair of an African American man.

 http://smithforensic.blogspot.com/2012/10/willie-grimes-innocence-proven.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.

Failed Science; Josh D. Lee reviews "Failed Science: Why criminal law ignores science." Vhemical and Engineering News.

BOOK REVIEW:  Josh D. Lee reviews "Failed Science: Why law enforcement resists science," by David A. Harris, published in 2012  by  New York University Press, for the Chemical & Engineering Digest. (Review appeared on February  18, 2013.) Thanks to "The truth about forensic science blog" for drawing  our attention to this review,"

GIST: "In his book, “Failed Evidence: Why Law Enforcement Resists Science,” David A. Harris, a law professor at the University of Pittsburgh, discusses the three most common causes of wrongful convictions, makes recommendations to help right the ship immediately as well as long term, and takes on law enforcement and prosecution that refuse to implement any meaningful changes—even in the face of scientific proof that doing so would decrease the number of wrongful convictions. This “resistance to sound, science-based police investigative methods” is the theme of “Failed Evidence.” The book is an easy and informative read best suited for policymakers, scientists, advocates, judges, prosecutors, law enforcement, defense attorneys, and anyone with a general interest in the American criminal justice system. Truth be told, anyone who might find themselves sitting in the chair of a juror should read Harris’ book before sitting in judgment of a fellow human......... As a starting point for the discussion, Harris looks at what science really is and questions whether forensic science even qualifies as a science at all. At the root of science lies the scientific method. Following its principles allows us to infer certain knowledge from the unknown. It gives us confidence that our conclusions are correct and built upon a strong foundation and not merely based upon beliefs or hunches. Without the adherence to scientific principles the study or effort is lacking rigor and is not a “scientific” venture. Scientific fields such as DNA analysis have been thoroughly tested. By contrast, Harris observes, many forensic science disciplines were creations of the criminal justice or law enforcement system and are not born of the scientific method. As a result, “many of the common forensic science disciplines have never been exposed to stringent scientific inquiry to gauge their accuracy, limitations, and foundations.” They don’t, in fact, qualify as science and are given too much credibility by the law and the courts.........Harris paints a picture suggesting that together we can make a difference. We will never be perfect, but we can do things much better. “Ignoring science, when doing so increases the risk of wrongful convictions, simply does not square with justice or fairness,” he writes. Positive change must happen and as Harris concludes, “Justice demands no less.”"

The entire review can be found at:

http://cen.acs.org/articles/91/i7/Criminal-Law-Ignores-Science.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.

Audrey Edmonds: (Shaken baby syndrome case): Innocence Blog reviews "It happened to Audrey: A terrifying journey from loving mom to accused baby killer."

BOOK REVIEW: "It happened to Audrey," published by the Innocence Blog on March 8, 2013.

GIST: "In honor of International Women’s Day, the Innocence Blog reviews a new book by Audrey Edmunds about her wrongful conviction, It Happened to Audrey: A Terrifying Journey from Loving Mom to Accused Baby Killer, which was co-written by Jill Wellington.........For Audrey Edmunds, such an accusation cost her 11 years of her life in prison—for which she may never be compensated—the chance to raise her three daughters, her marriage, and her livelihood as a family care provider to young children. Her nightmare began when seven-month-old Natalie Beard inexplicably fell unconscious one morning while in her care, making Edmunds the victim of a cultural phenomenon—a rash of “shaken baby syndrome” convictions. It Happened to Audrey, which Edmunds started writing while she was still behind bars, is the first account of its kind to convey the personal struggle and loss of an “accused baby killer.”......... The terminology that medical experts have used to describe the force of the shaking—similar to a fall from a three-story building or the impact of a car crash—has helped to enable guilty verdicts in these cases with almost no corroborating evidence. Edmunds had dozens of supporters who testified to her loving care of children; she had no history of violence and no criminal history, yet she was convicted and sentenced to serve 18 years in prison. Natalie, though she had no external injuries and no bone fractures, was deemed “shaken” because she had the classic triage of symptoms: subdural hematoma, retinal hemorrhage and cerebral edema. Medical experts are now converging around a more holistic approach to diagnosing shaken baby syndrome that includes a closer examination of the child’s medical history and other factors.  Edmunds was finally exonerated in 2008, one of a wave of similar convictions that are being overturned due to growing doubts within the medical community about the over-diagnosis of shaken baby syndrome. She is one of 72 women who have been exonerated nationwide since 1989 after years or decades of wrongful imprisonment."

The entire review can be found at:

 http://www.innocenceproject.org/Content/Book_Review_It_Happened_to_Audrey.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.