Thursday, November 14, 2013

Ken Anderson: (Aftermath 6); Publisher's view (Editorial); A perspective that has been largely ignored. Harold Levy. Publisher. The Charles Smith Blog.


After running so many editorials in the aftermath of  Ken Anderson's guilty plea arrangement,  it is now my turn to rant! One perspective that has been largely ignored in the aftermath of the  notional sentence given to Ken Anderson is that he deliberately withheld  crucial exculpatory evidence from the defence - in spite of a court order requiring full disclosure. The problem I have with the sentence is that unless Michael Morton had been able to mount an extraordinary battle against  a powerful judicial figure with the assistance of the Innocence Project, Anderson would likely still be a judge, and Morton, an innocent man would likely still be in prison. It's nudge, nudge, wink, wink. Do what you have to do to put the bad guys away - just don't get caught.  On this side of the border, it  was like that with the notorious pathologist Charles Smith who was adored by the police, prosecutors, and his superiors in the Chief Coroner's Office  - as long as his mere presence on a case almost guaranteed a conviction or at the very least a guilty plea. Of course, there were signs popping up from time to time that Smith was dishonestly stacking the deck against the people charged as a result of his opinions. But, nudge, nudge, wink, wink, they looked the other way. Until it all blew up in their faces, and every suspicious death case that Smith had worked on came under scrutiny. So it was with Annie Dookhan. An extraordinarily productive crime lab chemist. She, too was held in the highest regard until someone finally took a closer look, and now the Massachusett's criminal justice system has to deal with the innocent people sent to prison because of her deliberate assault on the criminal justice - and some guilty one's may be  taking advantage of her downfall. Yet Annie Dookhan will likely be sentenced to five years in prison  and serve much less than that behind bars.  These grossly inadequate sentences in high profile cases  tell me  that  there is little appetite for   deterring deliberate misconduct  such as withholding  evidence, tampering with evidence,  framing innocent people and lying under oath  as committed all too often  by judges, prosecutors, police, crime lab technicians and other trusted officials in the American criminal justice system.  If there was, Ken Anderson would not have been sentenced to a mere ten days in jail.

Harold Levy; Publisher. The Charles Smith Blog.


Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

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