STORY: "A look at exonerations in shaken baby cases," by reporter Monica Alonzo, published by the Phoenix New Times on August 15, 2013.
GIST: "Drayton Witt of Tucson spent 10 years behind bars after being convicted in 2002 of shaking to death his girlfriend's 4-month old son, Steven Holt......... And he likely would have served 10 more years for the murder of Steven had the Arizona Justice Project — along with retired British pediatric neurosurgeon Norman Guthkelch and several other medical experts — not stepped in to re-examine his case. Guthkelch is credited with developing the medical theory in 1971 that laid the groundwork for what later would became known as shaken baby syndrome. He apparently was dismayed by what he read in 2008 when he was asked to review Witt's case. Witt was accused of violently shaking the baby in his care with such force that the infant's brain slammed around his skull, causing it to bleed and swell and the child to hemorrhage though his eyes.Medical professionals pointed to the triad of symptoms in the deceased child as a clear case of shaken baby syndrome, or non-accidental head trauma. The Justice Project's strategy was, in part, to point to new medical evidence that demonstrates that other conditions can mimic symptoms long considered to be present only in cases of abuse. In a position paper, Guthkelch acknowledged that aspects of SBS were now "open to serious doubt" and that a diagnosis of SBS as cause of death in Witt's case was "inappropriate," according to the National Registry of Exonerations, a joint project of the University of Michigan Law School and Northwestern University School of Law's Center on Wrongful Convictions. Similarly, forensic pathologist John Plunkett cites in one of his studies that even short falls have caused those exact symptoms on young children. One of the findings in Plunkett's study, "Fatal Pediatric Head Injuries Caused By Short Distance Falls," was that "a fall from less than 10 feet in an infant or child may cause fatal head injury and may not cause immediate symptoms." He wrote that a "history from the caretaker that the child may have fallen cannot be dismissed." Among the 19 cases he reviewed, Plunkett cited one in which a nearly 2-year-old girl was playing on a plastic gym set with her older brother while in their grandmother's care. Grandma was videotaping the children at play — eliminating suspicion that the child was intentionally harmed — and captured on video the little girl losing her balance from atop a 28-inch ladder and slamming her head into a carpeted concrete floor. The girl eventually succumbed to her injuries, which included a large subdural hematoma — bleeding in the brain seen in suspected victims of shaken baby syndrome. Some medical experts say that nagging skepticism about the validity of abusive or non-accidental head trauma is not based on scientific findings or valid research, but rather is promulgated by criminal defense attorneys, their expert witnesses, and organizations like the Arizona Justice Project seeking to exonerate convicted parents and caregivers. But the doubts raised have been persuasive enough to overturn convictions and commute lengthy prison sentences like Witt's......... In 2008, the Arizona Justice Project agreed to take a look at Witt's case, and had several experts, including Guthkelch, review the medical and court records. Dr. A. L. Mosley, the physician from the Maricopa County Medical Examiner's Office who performed Steven's autopsy in 2000, signed a sworn affidavit saying that based upon his review of recent literature, on the significant developments in the medical and scientific community's understanding of SBS and several of the conditions that mimic its symptoms, he determined he could not stand by his "previous conclusion and trial testimony that Steven Witt's death was a homicide," according to the Registry. Guthkelch was dismayed at how his decades-old findings were "overused in the past 40 years," according to a story in the Arizona Republic. Guthkelch's testimony that there was insufficient evidence to have convicted Witt helped set him free. After further examination, doctors acknowledged the baby had, among other problems, an obstructed vein leading to his brain — a detail omitted from the medical examiner's report. As a result of organizations such as the Arizona Justice Project and the Wisconsin Innocence Project pushing against a diagnosis ingrained in the medical and legal community, parents and caregivers are getting second chances. "You may, in your heart, believe that this is a case of shaking," Guthkelch said during a 2011 interview during an NPR series on shaken baby syndrome. "But you've got to prove it just as carefully as any other case."
The entire story can be found at:
GIST: "Drayton Witt of Tucson spent 10 years behind bars after being convicted in 2002 of shaking to death his girlfriend's 4-month old son, Steven Holt......... And he likely would have served 10 more years for the murder of Steven had the Arizona Justice Project — along with retired British pediatric neurosurgeon Norman Guthkelch and several other medical experts — not stepped in to re-examine his case. Guthkelch is credited with developing the medical theory in 1971 that laid the groundwork for what later would became known as shaken baby syndrome. He apparently was dismayed by what he read in 2008 when he was asked to review Witt's case. Witt was accused of violently shaking the baby in his care with such force that the infant's brain slammed around his skull, causing it to bleed and swell and the child to hemorrhage though his eyes.Medical professionals pointed to the triad of symptoms in the deceased child as a clear case of shaken baby syndrome, or non-accidental head trauma. The Justice Project's strategy was, in part, to point to new medical evidence that demonstrates that other conditions can mimic symptoms long considered to be present only in cases of abuse. In a position paper, Guthkelch acknowledged that aspects of SBS were now "open to serious doubt" and that a diagnosis of SBS as cause of death in Witt's case was "inappropriate," according to the National Registry of Exonerations, a joint project of the University of Michigan Law School and Northwestern University School of Law's Center on Wrongful Convictions. Similarly, forensic pathologist John Plunkett cites in one of his studies that even short falls have caused those exact symptoms on young children. One of the findings in Plunkett's study, "Fatal Pediatric Head Injuries Caused By Short Distance Falls," was that "a fall from less than 10 feet in an infant or child may cause fatal head injury and may not cause immediate symptoms." He wrote that a "history from the caretaker that the child may have fallen cannot be dismissed." Among the 19 cases he reviewed, Plunkett cited one in which a nearly 2-year-old girl was playing on a plastic gym set with her older brother while in their grandmother's care. Grandma was videotaping the children at play — eliminating suspicion that the child was intentionally harmed — and captured on video the little girl losing her balance from atop a 28-inch ladder and slamming her head into a carpeted concrete floor. The girl eventually succumbed to her injuries, which included a large subdural hematoma — bleeding in the brain seen in suspected victims of shaken baby syndrome. Some medical experts say that nagging skepticism about the validity of abusive or non-accidental head trauma is not based on scientific findings or valid research, but rather is promulgated by criminal defense attorneys, their expert witnesses, and organizations like the Arizona Justice Project seeking to exonerate convicted parents and caregivers. But the doubts raised have been persuasive enough to overturn convictions and commute lengthy prison sentences like Witt's......... In 2008, the Arizona Justice Project agreed to take a look at Witt's case, and had several experts, including Guthkelch, review the medical and court records. Dr. A. L. Mosley, the physician from the Maricopa County Medical Examiner's Office who performed Steven's autopsy in 2000, signed a sworn affidavit saying that based upon his review of recent literature, on the significant developments in the medical and scientific community's understanding of SBS and several of the conditions that mimic its symptoms, he determined he could not stand by his "previous conclusion and trial testimony that Steven Witt's death was a homicide," according to the Registry. Guthkelch was dismayed at how his decades-old findings were "overused in the past 40 years," according to a story in the Arizona Republic. Guthkelch's testimony that there was insufficient evidence to have convicted Witt helped set him free. After further examination, doctors acknowledged the baby had, among other problems, an obstructed vein leading to his brain — a detail omitted from the medical examiner's report. As a result of organizations such as the Arizona Justice Project and the Wisconsin Innocence Project pushing against a diagnosis ingrained in the medical and legal community, parents and caregivers are getting second chances. "You may, in your heart, believe that this is a case of shaking," Guthkelch said during a 2011 interview during an NPR series on shaken baby syndrome. "But you've got to prove it just as carefully as any other case."
The entire story can be found at:
http://www.phoenixnewtimes.com/2013-08-15/news/a-look-at-exonerations-in-shaken-baby-syndrome-cases/
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
