Bulletin: Kelli Jacobsen: Washington State; Child abuse expert says child's injuries suggest he is an abuse victim. Defence expected to call its own experts to counter abuse claims. KEPR TV.

STORY: "Nanny told police, "Tawney would never hurt Ryder," by reporter Frances Watson, published by  KEPR TV on April 30,  2013.

GIST: "An expert on child abuse also spoke. Doctor Kenneth Feldman is from Seattle Children's Hospital. He said Ryder had a number of past broken bones that were causing his bones not to develop properly. "Ryder had far too many bruises with the majority of them being in the wrong place for normal injuries, so again, these are highly directive to his being an abuse victim", he said. The defense expects to call its own experts to counter the abuse claims. Kelli Jacobsen is accused of aggravated manslaughter for the death of the little boy back in 2011."

The entire story can be found at:

http://www.keprtv.com/news/local/Nanny-told-police-Tawney-would-never-hurt-Ryder-205490631.html

See more detailed report on Tuesday's proceedings: Tri-City Herald:  "Prosecutors on Tuesday used Hull’s testimony to show that Jacobsen told officers more than once that Tawney Johnson wouldn’t hurt her son. A Seattle-based pediatrician, Dr. Kenneth Feldman with Seattle Children’s Hospital, testified Tuesday that he believed Ryder suffered the fatal injury after the boy’s mother left the house. She came home for a short lunch break and left the toddler with Jacobsen when she returned to work.
Feldman, who specializes in child abuse cases, reviewed police and medical records. He said he noticed Ryder had arm, leg and shoulder fractures that showed signs of healing — something that doesn’t normally start for a week and a half to two weeks. He said this indicates a pattern of serial abuse. While Ryder had a number of bruises, Feldman said they weren’t consistent with a child who fell after standing on a 6-inch toy, which is what Jacobsen told medics happened. “These are highly directive to him being an abuse victim,” Feldman testified. On cross-examination, defense attorney Scott Johnson questioned the basis for Feldman’s opinion that Ryder suffered from a “whiplash event.” Scott Johnson said there have been no human experiments to show what happens when an infant is violently shaken. “Therefore, what we have with the body of science is a lot of hypotheses,” Scott Johnson said. Scott Johnson also wondered why Feldman couldn’t cite which specific police officer’s report he was taking information from, or if he was taking it from Jacobsen’s statement. “Because you can’t say any of this, you’re basing your opinion on what you read, but you can’t tell us what you read?” Scott Johnson asked. Scott Johnson then took Feldman to task for past cases he had diagnosed, which were detailed in a 2002 Seattle Post-Intelligencer story. The article said that on several occasions, Child Protective Services officials determined there had been no abuse in cases where Feldman said there was. Children then were returned to their families. Feldman stood by his opinions in those cases, adding that he was sued by all five families mentioned in the story and all the cases were either dismissed or dropped. He added that he never had been successfully sued in the 2,000 child abuse cases he’s diagnosed. Scott Johnson argued that the cases only were dropped because it is difficult to prove wrongdoing, since Feldman is considered a “mandatory reporter” by law, meaning he has to report possible child abuse allegations whether or not the report turns out to be accurate."

http://www.tri-cityherald.com/2013/04/30/2377641/lawyers-spar-about-injury-interpretation.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: Fresno, California; Babysitter sentenced to 3 years probation following her plea to "involuntary manslaughter" which she entered after her murder trial ended in a mistrial. sentenced to 3 years probation. ABC.

STORY: "Megan Martzen sentenced to 3 years probation," published by ABC  on April 30, 2013.

GIST: "The Reedley babysitter who pleaded no contest to involuntary manslaughter was formally sentenced to 3 years probation on Tuesday.   In March, 22-year-old Megan Martzen pleaded "no contest" to a felony charge of involuntary manslaughter as part of a plea deal. This after her murder trial for the 2009 death of Ella VanLeeuwen ended in a hung jury in February. Ella, who was 17-months old, died three years ago following an incident that occurred while under Martzen's care. During her murder trial last month, prosecutors argued Martzen beat Ella to death, but the defense insisted the toddler fell off the bed and prior injuries contributed to her death."

The entire story can be found at:

http://abclocal.go.com/kfsn/story?section=news/local&id=9084028

More detailed Fresno Bee story: "In February, a Fresno County jury voted 10-2 against conviction on a murder charge and 8-4 against conviction on a charge of child abuse causing death. In addition, the jury deadlocked 6-6 on involuntary manslaughter."

Read more here: http://www.fresnobee.com/2013/04/30/3280398/reedley-sitter-gets-3-years-probation.html#storylink=cpy

http://www.fresnobee.com/2013/04/30/3280398/reedley-sitter-gets-3-years-probation.html

Daily Mail (UK) story: "Martzen accepted a felony conviction in exchange for a sentence of probation, after the murder trial ended in a mistrial. The 22-year-old is officially not a murderer, but by pleading no contest to the charge of involuntary manslaughter, she admitted playing a role in the toddler's death, according to abcnews.com. Speaking outside Fresno County Court ahead of the sentencing, Martzen said: 'I would've never done anything to hurt Ella, I loved her so much. 'My heart hurts for the family.'"

http://www.dailymail.co.uk/news/article-2317575/Megan-Martzen-Babysitter-admits-killing-toddler-care-escapes-jail.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.    

Kelli Jacobsen: Washington State; Nanny charged with killing 1-year-old baby in her care; "Shaken baby syndrome" playing role in prosecution's case. Trial continues. KEPR TV;

GIST: "KEPR is continuing to following the trial of a Richland nanny charged with killing a baby in her care. Kelli Jacobsen sat quietly today as a medical examiner explained every injury found on Ryder Morrison's body. Doctor Daniel Selove was the one called in after Ryder Morrison died. An expert in examining children's bodies, he determined what killed the one year old. "Cause of death was abusive head trauma," he said......... The defense plans to argue the injury that ultimately killed Ryder could have happened up to a day in advance. Doctor Selove doesn't think so. He says he found severe bruises at the base of Ryder's neck telling the doctor the boy had been shaken. But it was a blow to the head that caused his death a short time later. "The injury had occurred shortly before the 911 call and that the condition was rapidly progressing," the doctor said. The defense chalked it up to junk science. Using a chart to keep track of all the injuries it confused the witness in the process. Dr. Selove said, "I do understand the question but I don't believe that I testified that some studies say more than 15 hours." The defense plans to call its own expert who reviewed Ryder's injuries. Defense attorney, Scott Johnson, asked, "Would you agree that there is controversy surrounding shaken baby syndrome and abusive head trauma? The doctor replied, "I certainly agree." They're hoping to prove its case that Kelli Jacobsen is not guilty of aggravated manslaughter for the death of a one-year old. The trial is set to last two more weeks. The defense has suggested Ryder's mom may be responsible for his injuries or that we will likely never know what caused the blow that led to his death.

The entire story can be found at:

http://www.keprtv.com/home/video/Abusive-head-trauma-killed-Ryder-Morrison-205327401.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.    

Willie Manning; Mississippi; Death Row; Innocence project says he is poised to be executed May 7 without DNA testing; Calls on Governor Phil Bryant to stay the execution and order DNA testing of the physical evidence in the case;

POST: "Willie's case," published by "Justice for Willie Manning";

GIST: Willie Manning is an African-American from a very poor background. He has suffered over 18 years of confinement on death row during a  lengthy legal process in the State of Mississippi. Willie has been convicted of two double murders (the murder of two white students in 1992, and the murder of two elderly African-American women in 1993). There are huge doubts about the validity of both convictions (see below). The Federal Court of Appeals dismissed his case because Willie’s first state post-conviction lawyers did not file his petition on time (see last two paragraphs below).  The United States Supreme Court declined to review the case, and the Mississippi Supreme Court has now set an execution date of May 7^th 2013. Willie maintains his innocence in both case. Among the many problems with the convictions pointed out by Manning's supporters, several are of direct interest to the blog: Missing evidence in the case of the two elderly women. "Significant evidence found at the murder scene was not shown to the jury: next to one of the bodies was found a bloody shoeprint made by a size 8 shoe (Willie’s shoe size was eventually measured in court as size 11 or 11½)," and lack of physical evidence in the case of the two students,  "No physical evidence linked Willie to the murder scene. None of the fingerprints, hair, blood or fibers found at the scene corresponded with Willie’s. Biological evidence from the scene has not been subjected to modern DNA testing."

The entire post can be found at:

http://justice4willie.com/willie-manning-death-row-mississippi-cases-shocking-decision-execution-date/

See recent  Innocence Project plea for public pressure: "Mississippi is poised to execute a man who maintains his innocence without first performing DNA testing on evidence that could definitively prove his innocence or guilt.  In a 5-4 decision, the Mississippi Supreme Court ruled that there was no need to test biological evidence – including a rape kit, fingernail scrapings and hairs found on the victims – in Willie Manning’s case because of “overwhelming evidence of guilt.”  Tragically, appeals courts were also wrong in the 306 wrongful convictions (18 involving people who served time on death row) later overturned by DNA evidence. Willie has always maintained his innocence and has been requesting testing of this evidence for years, requests which have been consistently denied.  During his trial, the only physical evidence presented were the hairs he is now seeking to get tested, which an analyst said came from an African American.  (Willis is African American and the victims were white.)  In the years since, both the FBI and the National Academy of Science have cast doubt on the reliability of hair analysis in the absence of DNA testing.  In fact, the FBI recently announced that it would be undertaking a massive review of all the cases in which its analysts testified regarding hair microscopy.  In this case it was an FBI agent who claimed the hairs were from an African American. DNA testing could definitively prove Willie’s guilt or innocence.  It could also implicate another suspect as the true perpetrator.  There is no good reason to execute anyone without performing the testing that could definitively prove guilt or innocence."

 https://mail.google.com/mail/u/0/?account_id=hlevy15%40gmail.com#inbox/13e57c62e9dafd4f

Visit "Justice for Willie Manning" site at:

http://justice4willie.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.    

Judge Ken Anderson: Raymond Bonner's insightful commentary on the rarest of events: A prosecutor on trial in Texas. (Must Read: HL).

POST: "Reversal of fortune: A prosecutor on trial," by Raymond Bonner, published by Pro Publica on April 29, 2013. (Raymond Bonner, a lawyer and former New York Times reporter, is the author of "Anatomy of Injustice: A Murder Case Gone Wrong.)

GIST:  "In one of Anderson's most notorious murder cases — the conviction of Michael Morton for killing his wife — he withheld critical evidence that would have been essential to Morton's defense.
Morton spent 25 years in prison before gaining his release. Anderson, once named the Texas Prosecutor of the Year, now faces 10 years in prison for his part in Morton's wrongful conviction. The judge who oversaw a Court of Inquiry investigation of Anderson's conduct did not spare the former prosecutor. "The court cannot think of a more intentionally harmful act than a prosecutor's choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence," said Judge Louis Sturns. Anderson's lawyer has filed an appeal, arguing that the statute of limitations bars any action. In Williamson County, the charges have shaken Anderson's friends and colleagues. But Judge Sturns's action is even more remarkable when set against the long and often ugly history of prosecutorial misconduct. Even when prosecutors engage in strikingly unethical behavior, they are rarely sanctioned for it, much less criminally charged.........It is hard to overstate the uniqueness of the inquiry into the prosecutor's actions in the Morton case, and the subsequent legal action against Anderson. One way to appreciate its novelty is to recall the South Carolina case of Edward Lee Elmore. A semi-literate African-American, Elmore was convicted and sentenced to death for the sexual assault and murder of a 75-year-old white woman. In Elmore's case, the prosecution didn't just withhold critical information from the defense. There is reason to believe that the police and investigators concocted evidence, and that they committed perjury. For instance, at Elmore's trial, officers testified that more than 40 of Elmore's pubic hairs had been found on the bed where he was alleged to have sexually assaulted the victim. But the claims, as well as others involving what was once presented as scientific evidence of Elmore's guilt, ultimately crumbled upon re-examination. And some potentially exculpatory evidence was withheld from Elmore's lawyer."

The entire post can be found at:

http://www.propublica.org/article/reversal-of-fortune-a-prosecutor-on-trial

 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.   

Jesse Friedman: Claudia Ricci's compelling case as to why it's about time the Friedmans were freed; The Huffington Post.

 POST: "It's about time we freed the Friedman's," by Claudia Ricci, published by the Huffington Post on April 27, 2013.

GIST:  "Jarecki has provided the DA's office a ton of new evidence supporting Jesse's innocence. Indeed, he tracked down and interviewed numerous individuals who were supposedly molested by Jesse and his father in the computer class. Now grown men, they deny ever having been touched by either of the Friedmans. In one case, Jarecki notes, a successful doctor in his 30s told him: "As God is my witness and on my children's lives, I was never raped or sodomized, and I never saw a kid sodomized or molested. And if I said it, it was not because it happened, it was because someone else put those words in my mouth." It now appears as though overzealous authorities made it their duty to convince the boys to say that they had been molested."

The entire post can be found at:

http://www.huffingtonpost.com/claudia-ricci/its-about-time-we-freed-t_b_3169746.html

See Wikipedia entry "Capturing the Friedmans" at:

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

See recent Huffington Post story: "Jesse Friedman attorney seeks key documents in 1988 child sex abuse case," by reporter Ann Givens, published on April 23, 2013 at:

http://www.huffingtonpost.com/2013/04/23/jesse-friedman-attorney-1988-child-sex-abuse-case_n_3136660.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.   

Judge Ken Anderson (he tampered with physical evidence in the Michael Morton case) and other Texas prosecutors now facing public accountability: Texas Tribune commentator describes a "strange thing" happening in the impervious ranks of Texas prosecutors. Great read. HL.

COMMENTARY: "Texas prosecutor's no longer unassailable," by Ross Ramsey, published in the Texas Tribune on April 26, 2013.

GIST: "Running a political campaign against a sitting prosecutor in Texas was a job for egotistic dunces and legal-minded Quixotes. Even weak DA’s were invincible. But a strange thing is happening in the impervious ranks of high-profile Texas prosecutors. That cachet is taking a beating. One prosecutor is in jail. A former district attorney is facing charges related to sending an innocent man to jail. One county spent nearly $400,000 settling a sexual harassment charge against its DA. Another prosecutor is fighting contempt of court charges after refusing to testify in a prosecutorial misconduct inquiry......... Times have changed. In the 1980s, crime was the major issue in many local and state elections. In the early 1990s, the people who won those elections went on an epic prison - and jail-building spree. Voters are worried about other things now. Wrongful convictions and prosecutions have shaken public faith in the criminal justice system. And, it turns out, in the people at the top."

The entire story can be found at:

http://www.texastribune.org/2013/04/26/texas-prosecutors-once-unassailable-take-beating/

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.   

Teresa and K.S: Chicago; Wrongful Convictions Blog post demonstrates how "medical folklore" had yielded "yet another shaken baby conviction." Phil Locke.

POST: Medical 'folklore' yields yet another shaken baby conviction," by Phil Locke, published by the Wrongful Convictions Blog on April 25, 2013.

GIST:  "The court’s finding was grounded in the same sort of questionable theory underlying “shaken baby syndrome”: i.e., the mere presence of certain “injuries” is indicative of abuse and sufficient to sustain a finding of abuse even when there is no direct evidence of an abusive action. “In its written ruling, the court found that the parents were “loving and responsible” caretakers who nurtured their children and attended to all of their needs (indeed, the record is packed with evidence about how wonderful Teresa and K.S. are, both as parents and as good and decent people). Nonetheless, and even though no person other than the parents had been with the baby unsupervised, the court concluded that the State had met its burden of proving abuse based upon their then-5-week-old infant (Yohan) having been diagnosed with intracranial bleeding, retinal hemorrhaging, and a fracture to his left knee (the actual existence of which was hotly-contested).” “At the dispositional hearing, the court returned the children to Teresa and K.S. (evidencing the true belief of the court that these parents never caused their son’s injuries). When the GAL appealed the return home ruling, the parents decided to file a cross-appeal of the underlying finding of abuse.........Testifying at trial on behalf of the parents (where they were represented by outstanding trial attorney Ellen Domph — a Chicago-based criminal defense attorney who also has experience practicing in juvenile court) were three preeminent medical experts.........“Despite the overwhelming evidence for the parents and the weak, vague, and equivocal evidence for the State, the trial court concluded that it was unreasonable to believe that Yohan had both BEH and congenital rickets (the court’s opinion relies upon fundamentally flawed analysis, including the court’s assumption that there must have been a connection between the bone-related findings and the head-related findings).  Based on this faulty logic, the court concluded the State had met its burden of proving abusive causation by a preponderance of the evidence. Hopefully, the appellate court will be more discerning and analytical than was the trial court.  That Teresa and K.S.’s children could be adjudicated abused means, of course, that any family that has a child with a rare medical condition is vulnerable to similar State action.”

The entire post can be found at:

http://wrongfulconvictionsblog.org/2013/04/25/medical-folklore-yields-yet-another-shaken-baby-wrongful-conviction/

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.   

Johnathan Queen: West Virginia; "Shaken baby syndrome" case; Jury returns not guilty verdict in connection with 21-month-old child's death; He is freed after spending almost two years in jail awaiting trial; Exponent-Telegram.

STORY: "Not guilty: Upshur jury acquits man charged in child's death," by reporter Matt Harvey, published by the Exponent-Telegram on April 26, 2013;

GIST: "An Upshur County jury acquitted a 24-year-old Buckhannon man on Thursday in the August 2010 death of his former girlfriend's 21-month-old child. The jury of eight women and four men returned the verdict after deliberating about 2 hours and 50 minutes in the case of Johnathan Queen, who was charged with felony child abuse resulting in death. Queen then went free after spending nearly two years in jail awaiting trial.........Defense attorneys Bryan Hinkle and James Hawkins successfully argued that the child's death was an accident. Upshur Prosecutor Jake Reger and his assistant, Kelley Cunningham, had argued the injuries were intentional. The key witness may have been a forensic pathologist from California who testified there weren't enough signs to point to shaken baby syndrome. That witness had been hired by the defense."

The entire story can be found at:

http://www.exponent-telegram.com/article_96d49f4a-ae7c-11e2-9d14-0019bb2963f4.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.   

Annie Dookhan: "Cursory" talks with prosecutors under way," the Boston Herald reports.

STORY: "Annie Dookhan lawyer: Plea deal possible," by reporter Matt Stout, published by the Boston Herald on April 26, 2013.

GIST:  "The lawyer for disgraced state chemist 
Annie Dookhan said he 
and prosecutors have 
engaged in “cursory” talks about a possible plea, but he’s holding off on any 
in-depth discussions until a judge addresses several charges he blasted yesterday as a “stretch.” Attorney Nicolas Gordon and prosecutors with the
attorney general’s office
are expected to appear
in Suffolk Superior Court today to argue his motion to dismiss multiple counts of witnesses intimidation against Dookhan, who’s accused of mishandling or 
falsifying evidence at 
a now-shuttered Jamaica Plain drug lab. The counts — among 27 she faces, including perjury and tampering charges — stem from allegations she lied on the stand about having a master’s degree, Gordon said, and are not in the spirit of the law meant, in part, to stop witness bullying and threats."

The entire story can be found at:

http://bostonherald.com/news_opinion/local_coverage/2013/04/dookhan_lawyer_plea_deal_possible

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.   

Hair analysis evidence: Wrongful Convictions Blog's Phil Locke tells us why this long accepted evidence about to join "compositional bullet lead analysis" as “Junk Science” - leaving far too many potential miscarriages of justice in its track.

POST: "Hair analysis evidence about to join CBLA (compositional  bullet lead analysis) as "junk science," by Phil Locke, published by the Wrongful Convictions Blog on April 21, 2013.

GIST: "The FBI and the Department of Justice have announced that they are beginning an unprecedented review of over 10,000 cases involving microscopic hair analysis evidence.  They have conceded that, since at least 1985, FBI agents have been providing hair evidence testimony in court that is not scientifically supportable. ........ The case reviews will be assisted by the Innocence Project and the National Association of Criminal Defense Lawyers. The last time the FBI abandoned a forensic practice was in 2005 when CBLA (compositional bullet lead analysis) was debunked because its premise is not scientifically supportable.  See previous WCB CBLA post here. The 2009 report by the National Academy of Sciences on the state of forensics in the US had this to say about hair analysis evidence -  “The report finds no scientific support for the use of hair comparisons for individualization in the absence of nuclear DNA.”

The entire post can be found at:


http://wrongfulconvictionsblog.org/2013/04/21/hair-analysis-evidence-about-to-join-cbla-as-junk-science/

 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.   

Kevin Fortney: Cheney crime lab. Seattle; Washington State; Associated Press reports that crime lab manager falsified work; Arson investigation allegedly tainted by lies as to completion of work.

STORY: "State patrol says crime lab manager falsified work," by reporter Gene Johnson, published by Associated Press on April 16, 2013.

GIST: "The manager of the state crime lab in Cheney resigned last week as authorities determined he lied about performing work in several cases, the Washington State Patrol said Tuesday. Kevin Fortney headed the Cheney lab for about a decade. His subordinates prompted the investigation by reporting their concerns to Fortney's boss, the commander of the patrol's Crime Laboratory Division, the patrol said in a news release. It wasn't immediately clear how to contact Fortney. A phone number listed for a Kevin Fortney rang unanswered Tuesday. Fortney was previously mentioned in a 2004 Seattle Post-Intelligencer story about ethical problems at the patrol's crime labs: In late 2000, he was suspended for two days after admitting he cruised Internet porn sites at work, disciplinary records showed. The patrol documented at least five cases - mostly arson investigations - in which Fortney reported in a computer system that he had completed work when other records proved he was lying, said patrol spokesman Bob Calkins. The cases were assigned to Fortney when he worked as a front-line crime lab scientist before he became the manager, and included work that, for example, might have proved whether an accelerant was used to start a fire, Calkins said. The patrol said it found no evidence that anyone was falsely convicted as a result, but an internal management audit of the Cheney operation is underway, and the Crime Lab Division has requested a full evidence audit as well.........The Cheney lab is one of five major crime labs the patrol operates around the state. It mostly handles cases from Eastern Washington."

The entire story can be found at:

http://www.komonews.com/news/local/State-crime-lab-manager-resigns-amid-investigation-203214851.html?goback=.gde_106893_member_232905396

See Grits for Breakfast: "Washington State crime lab faces Texas-size quandary: How to deal with old cases processed by lab manager accused of misconduct?"

http://gritsforbreakfast.blogspot.ca/2013/04/washington-state-crime-lab-faces-texas.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.   

Ken Anderson: Longview News-Journal sees Michael Morton's former prosecutor Ken Anderson's arrest as a "step toward (a) new era in Texas."

EDITORIAL: "Former prosecutor's arrest step towards new era in Texas," published by the Longview News-Journal," on April 21, 2013.

GIST:  "Prosecutors are not merely charged with locking up criminals. They’re charged with seeing that justice is done.  That point has been made in many ways since Michael Morton was released from a Texas prison after serving 25 years for a murder he did not commit. And it was driven home forcefully Friday with a state district judge’s ruling that a former Williamson County district attorney acted improperly in Morton’s prosecution. In a courtroom packed with reporters, state senators, and Morton himself sitting in the front row, Texas took a step toward a new era in criminal justice. After apologizing to the wrongfully convicted man on behalf of the state and the Williamson County judiciary, Judge Louis Sturns issued his ruling. He said probable cause existed to find former prosecutor Ken Anderson — now a district judge — guilty of the three charges against him: criminal contempt of court, tampering with physical evidence and tampering with government records. He was booked into jail and later released on bond. “Mr. Anderson consciously chose to conceal the availability of the exculpatory evidence so he could convict Mr. Morton for murder,” Sturns said. “This court cannot think of a more intrinsically harmful act than a prosecutor’s intentional choice to hide evidence so as to convict a defendant facing a murder charge and a life sentence.” That life sentence was cut short when Morton, 58, was released from prison in late 2011 after DNA testing tied the murder of his wife to a known felon, Mark Norwood. A jury found him guilty of the crime earlier this year.  Morton has said the goal of his crusade is not revenge — it’s bigger than that. “I don’t want Ken Anderson’s head on a stick, and that’s true, but the system is going to do what it’s going to do,” he said after Friday’s ruling. “We can’t change the past, but we can prevent this from happening again. Friday’s ruling is a step toward that goal."

The entire editorial can be found at: 

http://www.news-journal.com/opinion/editorials/justice-former-prosecutor-s-arrest-step-toward-new-era-in/article_fa81f980-b50e-5316-ac2c-a0171f2bc0c6.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.    

Ken Anderson: A commentary worth repeating now that criminal charges have been laid against Michael Morton's former prosecutor: Why Prof. Bennett Gershman feels the Court of Inquiry showed prosecutorial misconduct at its worst. The Huffington Post. (Update below: The Statesman; Statute of Limitations: First hurdle).

POST: "ken Anderson Court of Inquiry shows prosecutorial misconduct at its worst," by Professor Bennett L. Gershman (Professor of Law, Pace) , published by the Huffington Post on February 2, 2103. (This commentary is particularly relevant in light of the criminal charges recently laid against Anderson by the Court of Inquiry. HL).

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."

The entire post can be found at:

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

See up-to-date Statesman story by reporter Chuck Lindell:  "Statute of Limitations is first hurdle for misconduct charges against former DA," at:

 http://www.statesman.com/news/news/statute-of-limitations-is-first-hurdle-for-miscond/nXSSH/

PUBLISHER'S NOTE:

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

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.   

David Bain: judicial review to be heard in Auckland (over government's wishes!); (Judicial review set for late July); One News..

STORY: "David Bain's judicial review to be heard in Auckland," published by One News on April 16, 2013.

GIST: "Late last year the report, by retired Canadian judge Ian Binnie, concluded Bain was innocent of murdering his family and should receive compensation for the 13 years he spent in prison.  Bain could be awarded several million dollars but Collins rejected the report, describing it as flawed, and ordered a peer review by New Zealand lawyer Robert Fisher. Long-time David Bain supporter Joe Karam said it was the secrecy with which Collins acted against the report which they are challenging. "From the day Justice Binnie's report landed in Judith Collins' office she deliberately decided to exclude David Bain and his team from what she then did, and even when we wrote letters to her asking what she was doing her response in layman's terms was 'mind your own business'," he told ONE News earlier this year. Bain's claim for compensation will be deferred pending the outcome of the review. He was convicted in 1995 of murdering five members of his family in Dunedin. In 2007, the Privy Council quashed his convictions on the grounds of a substantial miscarriage of justice and ordered a retrial. A jury acquitted him in June 2009 after almost 13 years in prison."

The entire story can be found at:

http://tvnz.co.nz/national-news/david-bain-s-judicial-review-heard-in-auckland-5408505

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.   

Posted by Harold Levy at Friday, April 19, 2013
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