Amanda Knox: Aftermath 2; Olga khazan takes on Italy's "carvanalesque' justice system - and explains why, in Perugia, "nobody here's good at their job." The Atlantic; (Must Read. HL);

POST: "Amanda Knox and Italy's 'Carvanalesque' justice system," by Olga Khazan, published by the Atlantic on January 31, 2014.

SUB-HEADING:  "The former exchange student has been convicted of murder—again"

GIST: "When Amanda Knox was first acquitted in 2011, four years after she was originally arrested for Kercher's murder, Italian newspaper Il Giornale titled its story about the case, "Amanda and Raffaele Acquitted: It's the Magistrates Who Should Be Convicted." Now, exasperation with Italy's legal system is likely to flare once again, at least among Americans who support Knox. Apparently, this layer-cake appeals process and these reversals of earlier verdicts are nothing unusual for Italy's big cases. "It's one of the many failings of Italian justice that it never delivers conclusive, door-slamming certainty," wrote journalist Tobias Jones in The Guardian shortly after the 2011 verdict. "What usually happens is that the door is left wide open to take the case to the next level, first to appeal and then to the cassazione, the supreme court."........."Nobody here's good at their job." In fact, judging from media reports, the entire ordeal—from the discovery of Kercher's stabbed, half-naked body to this latest conviction—has been an illogical, clumsy disaster. Prosecutors lacked a motive or any clear evidence linking Knox to the scene of the crime. Knox didn't know she was a suspect even as she was signing her confession. Nathaniel Rich's excellent 2011 story about the case in Rolling Stone provides a chilling look at some of the other myriad flaws in the investigation that put Knox behind bars for four years of her initial 26-year sentence: Sollecito called the carabinieri -- the Italian military police -- and the couple went outside to wait. Two officers soon arrived. They weren't carabinieri, however -- they were postal police, a sleepy, junior-varsity unit of the state police responsible for investigating crimes like Internet fraud and stolen phones....For starters, the carabinieri would have prevented anyone from tramping through the crime scene. The two postal-police officers, however, allowed themselves to be led through the house in search of clues by a band of child sleuths out of Scooby-Doo...Italy's carnivalesque judicial process, where there is never order in the court, the lawyers and defendants constantly interrupting the proceedings with groans and catcalls and wild gesticulations, while the press in the gallery yammers away like the kids in the back of the classroom. The prosecution's failure to establish motive or intent ("We live in an age of violence with no motive," said one prosecutor). And the fact that prosecutors did not immediately drop the case against Knox and Sollecito after the bloody fingerprints and footprints came back matching a 20-year-old petty thief named Rudy Guede..........To be fair, Perugia, where the murder and early trials took place, is a small university town and seemed to lack the kinds of hot-shot lawyers and judges that might be involved in a similarly important case in a larger city. The prosecutor, Giuliano Mignini, told journalists that while it brought him little joy to send a young woman to jail for decades, "things are often touched by Satan" and referred to Knox as a "sex-and-drug-crazed she-devil." "Nobody here's good at their job," Frank Sfarzo, a local blogger who has followed the trial more obsessively than anyone, told Rolling Stone. "If they were, they wouldn't be in Perugia."

The entire post can be found at: 

http://www.theatlantic.com/international/archive/2014/01/amanda-knox-and-italys-carnivalesque-justice-system/283487/

 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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
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Bulletin: David Camm; Indiana; NBC 'Dateline' documents his battle to clear his name over three murder trials this evening at 9.00 PM; Friday January 31.

STORY: "Dateline to feature Camm story" published by the News and Tribune on January 31, 2013.

GIST:  "David Camm will discuss his 13-year quest to clear his name and the three murder trials on NBC’s “Dateline” at 9 tonight, Jan. 31, on WAVE-3. Dateline tells the entire story in a report that runs for two hours."

The entire story can be found at:

http://www.newsandtribune.com/local/x1280771221/-Dateline-to-feature-Camm-story

Site for tonight's program - with trailor:

https://www.facebook.com/datelinenbc 

Another good read: Why the Camm case isn't over yet; "Camm's name has been in the news since September 28, 2000, the day he came home to find his wife Kim and their children, Bradley and Jill, shot to death inside the garage of their Georgetown, Indiana home. Twice convicted, Camm had both of those convictions thrown out before a jury in Lebanon, Indiana found him not guilty in Fall 2013. But the price of justice has not yet been paid. Our newsgathering partner The News & Tribune reports there were still $659,000 in bills yet to be paid by Floyd County for the Camm trial as of mid-January, with all but $51,800 owed to the defense. WAVE 3 News has covered the Floyd County Auditor's questioning of the receipts submitted to the county for reimbursement in the past.  Now he will be making those arguments in court. Tonight on WAVE 3 News at 11, the unusual step in this most-unusual case that has the county making its arguments to a judge about how it pays its bills. In addition, the Floyd County Council president explains what happens to the already financially-strapped county if it has to pay the full amount."

 http://www.wave3.com/story/24601668/tonight-at-11-why-the-camm-case-isnt-over-yet

Wikipedia account of the Camm prosecution; "David Camm is a former Indiana State Trooper acquitted after three trials for the murder of his wife and two children at their Georgetown, Indiana home on September 28, 2000.^[1] He was convicted twice, both reversed in the court of appeals, and was acquitted during the third trial.^[2] The case was covered extensively by the media in the southern Indiana and Louisville area following the crime and has attracted the attention of the national press, appearing on 48 Hours, Dateline, and Nancy Grace. The case has also attracted the attention of wrongful conviction groups in recent years who consider Camm to have been erroneously convicted of this crime.^[3][4] The case underwent a long series of revisions to the theory of the crime to accommodate new forensic evidence and the discovery of a second suspect. The other suspect, Charles Boney, has since been convicted and is serving a 225 year sentence for the murders.^[5] The prosecutorial misconduct in the case has been profiled in a forensic textbook called Forensic Fraud: Evaluating Law Enforcement and Forensic Science Cultures in the Context of Examiner Misconduct."^[6]

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

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com

Amanda Knox: Aftermath 1: BBC Science Writer focuses on the role played by DNA contamination in the case - and raises the question of how many other errors in DNA analysis have been made because of "transference" in other cases - including cases in the UK; (And elsewhere presumably. HL); (Must, Must Read. HL);

STORY: "Kercher trial: How does DNA contamination occur?"  by BBC News Science Reporter Melissa Hogenboom, published on January 30, 2014;

GIST: "Potential for the contamination of forensic DNA evidence has been highlighted by the Meredith Kercher murder trial. But just how much of a problem is it and what lessons should be drawn? The high-profile retrial of Amanda Knox and Raffaele Sollecito, who had been imprisoned for the killing of Meredith Kercher, has placed renewed scrutiny on the DNA analysis carried out in the case. An Italian court has now reinstated the 2009 guilty verdicts which were overturned on appeal in 2011, handing down a sentence of 28 years and six months for Knox and 25 years for Sollecito. During the retrial, the judge ordered a new DNA test on the knife that prosecutors had submitted as evidence. But some independent forensic scientists told the BBC this knife (which had been considered a possible murder weapon) should never have been given the importance it was because there was no evidence of blood found on it. Greg Hampikian, from Boise State University in Idaho, US, is one of them. The forensic expert is critical of the way DNA evidence was handled.  "I could see the problem with the case right away," says Dr Hampikian, who adds that he became interested in the case early on.........The precise mechanics of the process by which a person's DNA can be transferred from one object to another, without that person being present, is still poorly understood. Allan Jamieson, director of the Forensic Institute in Glasgow, is keen to highlight this problem. It is well known, he says, that DNA moves around very easily but "the reality is we don't know enough about DNA transfer to explain it". When an object is found to have traces of several people's DNA on it, this says little about who touched the object last, Dr Jamieson explains. "There's an unfortunate tendency for people in forensic science to want to be detectives and solve things, but that takes them beyond the science," he says. "The science doesn't [necessarily] assist you in cases like this, because there's a known mechanism of transfer." Jo Millington, a senior forensic scientist at Manlove Forensics, agrees. She says that "it's not really a case of who the DNA could have come from; it's more a question of how it got there". She adds: "In the Kercher case in particular, there's not been due consideration given to how DNA can be transferred and that's rife across DNA analysis in the UK.""

The entire story can be found at:

http://www.bbc.co.uk/news/science-environment-24534110

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com

Amanda Knox: Breaking News; "Mirror" reports Knox and Sollecito guilty verdicts reinstated; Live updates; See accompanying BBC story;

Link to live updates;

http://www.mirror.co.uk/news/uk-news/amanda-knox-retrial-verdict-live-3093249#.UuqGX_bZ7SE

See BBC story on restoration of the guilty verdicts:  "American Knox - who is in the US - and her Italian ex-boyfriend Sollecito had pleaded not guilty. She was sentenced to 28 years and six months in jail, while Sollecito received 25 years.........After nearly 12 hours of deliberations on Thursday, the court in Florence reinstated the verdicts first handed down in 2009 but overturned in 2011, when the pair were freed after four years in jail........The verdicts were delivered by presiding judge Alessando Nencini, who ordered that 29-year-old Sollecito's passport should be revoked but made no requests for limits on the 26-year-old Knox's movements, saying she was "justifiably abroad''. He ordered that damages should be paid by the pair to the family of Ms Kercher. Ms Kercher's brother Lyle and sister Stephanie were present when the verdict was read out.........Extradition proceedings against Knox, who refused to return to Italy for the case, may now begin. In a statement issued after the verdict, Knox said she was frightened and saddened by the "unjust" verdict following a "prejudiced and narrow-minded investigation.""

Link to BBC story;

http://www.bbc.co.uk/news/world-europe-25941999#%22

See Mirror' story: (Knox's lawyer says she will appeal): "Amanda Knox will appeal against her guilty verdict, her lawyer confirmed tonight. Luciano Ghirga said the telephone line "went dead" as he told Knox of the verdict. She was watching the decision back home in Seattle after refusing to travel to Italy. Neighbours said there was a “tremendous amount of tears” after the verdict was announced with loud cries of “No” coming from the house. Speaking outside the court, Mr Ghirga, said: "For those that, like me, are convinced that Amanda is innocent, it is a very difficult time. "We have to respect the verdict but we will challenge them. We're very sad at the moment. "We will definitely try everything. This is not the final word. I am very upset by this decision. "We continue to be brave, we have plenty of courage. The road to the next appeal is quite difficult but we are ready for a new battle."

Link to Mirror story: 

http://www.mirror.co.uk/news/world-news/amanda-knox-guilty-verdict-american-3095584#ixzz2rwfmguEN

http://www.mirror.co.uk/news/world-news/amanda-knox-guilty-verdict-american-3095584#.UusfYvbZ7SE

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com

Bulletin: Teina Pora: Major development; The British Privy Council has agreed to take on his case: (False confession case. HL); TV New Zealand;

STORY: "Teina Pora appeal to be heard at Privy Council," published by TV New Zealand on January 31, 2014;

GIST; 'Teina Pora has been granted permission to take his case to the Privy Council. The Judicial Committee of the Privy Council has just announced its decision. Pora has been behind bars since 1994 after he was convicted and sentenced to life imprisonment for the rape and murder of Auckland woman Susan Burdett. Pora initially confessed to the crime but then claimed he was not responsible and has subsequently maintained he is innocent. Last year the victim's brother Jim Burdett called for a Commission of Inquiry into the police handling of the investigation into the 1992 rape and murder of his sister saying that the only thing Pora is guilty of is "stupidity". Mr Burdett supported the appeal to the Privy Council saying he believes there has been a miscarriage of justice."

The entire story can be found at:

http://tvnz.co.nz/national-news/teina-pora-appeal-heard-privy-council-5820294

See Wikipedia account:  "Two police officers have expressed concerns that Pora has been wrongly convicted - including former Detective Sergeant Ian McCormack whose testimony helped convict Malcolm Rewa of numerous rapes. Henwood believes Rewa raped and murdered Mrs Burdett and acted alone based on his detailed knowledge of Rewa's criminal signature.^[3] In 2012 a second senior officer, who also worked on the case, wrote to Police Commissioner Peter Marshall expressing his concern that the wrong man had been convicted.^[10] In 2013, The Police Association officially called for a review of Pora's conviction, citing "sufficient concern among some senior detectives to warrant an inquiry".^[11] Professor Laurence Alison, chair of forensic psychology at Liverpool University,concluded that it is "highly unlikely" Malcolm Rewa would have worked with any co-offender, let alone with Pora.^[12] Susan's brother, Jim Burdett, also believes that Rewa was the one who raped and killed his sister. He believes Susan stood up for herself, that Rewa took the bat off her that she kept for self-defence and "struck the blows that killed her".^[13] Gisli Gudjonsson, professor of forensic psychology at the Institute of Psychiatry, King's College, London, was asked to review the nine hours of videotaped interviews and talked with Pora in prison. Gudjonsson is a renowned authority on how people can be induced to make false "confessions",  said Pora's confession were the result of intellectual impairment and his desire to claim the $20,000 reward - Pora was told there was an "indemnity against prosecution for non-principal offenders".^[4] Gudjonsson believes the convictions "are fundamentally flawed and unsafe".^[7] According to Dominion Post reporter, Phil Kitchen, who has written extensively about the case, Pora "couldn't find the street Burdett lived in, couldn't point out her house when police stood him in front of it, described Burdett as fair and fat when she was dark and slim, didn't know the (victim's) bed was a waterbed...couldn't describe the house layout... didn't know the position her body was left in, (and) said she screamed and yelled when her closest neighbour heard only a series of dull thuds. And those he claimed had raped her were all cleared by DNA.^[3][4] The Maori Party has backed an inquiry in the case.^[14] A documentary about his case titled The Confessions of Prisoner T was aired on Maori television on 5 May 2013. It featured defence lawyer, Marie Dyhrberg, who said that out of all the criminals she has ever been involved with, she believed in Pora's innocence more than any other.^[8] In response to the documentary, the Green Party also called for a review. Green Party spokesman David Clendon has written to Police Commissioner Peter Marshall asking him to reopen the case. He said "serious misconduct by police was rare in New Zealand", but "it was important to maintain the public's faith in the justice system by holding a review".^"[15]

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

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com

Judges as gatekeepers: Follow up on yesterday's post in which Phil Locke of the Wrongful Convictions Blog wrote about how inept scientifically illiterate lawyers can be when dealing with expert evidence; Former Superior Court of Ontario Chief Judge Patrick Lesage examined the judge's role as gatekeeper over expert testimony in his testimony at the Goudge inquiry into many of former doctor Charles Smith's cases - and offered some fascinating personal insights. (Must Read story by Globe and Mail Justice Reporter Kirk Makin. HL);)

STORY: "Judges allow expert witnesses too much latitude, Inquiry told," by Justice Reporter Kirk Makin, published by the Globe and Mail on March 13, 2009.

GIST:  "Judges have done a poor job of preventing expert witnesses from testifying in areas where they lack expertise, a widely respected former judge told the Goudge Commission yesterday. "I think that we get drawn into it, thinking: 'Oh, well, of course, she is a medical doctor, or a pathologist, or a pediatric pathologist - so, of course, we'll receive their opinion," said Patrick LeSage, former chief justice of the Superior Court of Ontario. In testimony that had a distinctly confessional ring, Mr. LeSage chastised himself for rejecting only a half-dozen experts in his 29 years as a trial judge. Even when his instincts had militated against allowing a particular expert to testify, Mr. LeSage said that he was loath to toss out that person's testimony.........As part of a probe into autopsy errors by pediatric pathologist Charles Smith that precipitated wrongful charges and convictions, Mr. Justice Stephen Goudge is focusing on the role of experts in the court system. Mr. LeSage testified yesterday that, two years ago, while he was presiding over an inquiry into the wrongful conviction of a Manitoba man, James Driskell, he was struck by statements he heard from a panel of scientific experts. "I must say, it came as somewhat a shock to me, having spent 40 years in the justice system, to hear some of the scientific experts speak of the uncertainty and lack of clarity in areas of science that I had always thought of as much more certain than they really are," Mr. LeSage said yesterday. "I felt very guilty that I had not better educated myself on these areas long before."......... U.S. law professor Erica Beecher-Monas said that a pathologist can safely testify about what sort of pediatric head injuries are usually not accidental. However, pathologists should not be allowed to give their opinion about how their information applies to the case being tried, she said. "What's not happening is that the forensic pathologist is not explaining that there is an alternative explanation that would account for all these symptoms also," she said."

The entire story can be found at:

http://www.theglobeandmail.com/news/national/judges-allow-expert-witnesses-too-much-latitude-inquiry-told/article668367/

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com 

Amanda Knox: She has approved release of a new book just hours before the verdict due in her retrial; 80-page volume goes into minute detail regarding the criminology, forensic science, crime scene analysis and legal procedure. Compiler Tom Wright says it would be a "gross injustice" if knox and her co-accused were found guilty - but adds that "the way the system has worked in the past, who knows?" The Mirror. (Must Read. HL);

STORY: "Amanda Knox approves release of new book hours before verdict due in retrial for murder of Meredith Kercher," by reporter Christopher Buckton, published by the Mirror on January 30, 2014;

SUB-HEADING:   The book claims there is no way the American could have killed British student Meredith Kercher;

GIST: "Desperate Amanda Knox has approved a book's release claiming there is no way she could have killed British student Meredith Kercher - just with hours before a verdict is due at her retrial. The publication, called The Forgotten Killer, was released on Tuesday and also has been sanctioned by her co-accused and former boyfriend Raffaele Sollecito’s family. It comes as a verdict in their retrial is expected later today. The book claims to be the first time the murder of foreign exchange student Meredith, 21, has been dissected by criminal experts, who have been 'looking at the case for several years to form an objective opinion", according to the book’s compiler Tom Wright, who is a very close friend of the Knox family and set up the website and support group  www.friendsofamanda.org . He enlisted the help of New York Times No 1 best selling author Douglas Preston to interview leading judicial and criminal figures to find out what really happened on that fateful night in Perugia, Italy, on 2 November 2007. A chapter is dedicated to each expert from the criminal, judicial and law enforcement world. These include John Douglas, who served as a special agent for the FBI for 25 years, and was the Bureau’s pioneer of behavioural profiling and criminal investigative analysis.........The 80-page book goes into minute detail regarding the criminology, forensic science, crime scene analysis, and legal procedure. Other authors in the book include Steve Moore, ex-FBI special agent, who worked on Al-Qaeda investigations and terror attacks, and family friend, retired judge Michael Heavey, who founded the organisation Judges for Justice, which champions the rights of people wrongly convicted. "It would be a gross injustice if they were found guilty," says Tom. "But the way the system has performed in the past, who knows?
"You would never have it in this country that a prosecutor can keep coming back to the courts, appealing and appealing. "I hope justice prevails.""

The entire story can be found at:

http://www.mirror.co.uk/news/world-news/amanda-knox-retrial-new-book-3092126#.Uum3XPaTvBo

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com

Bulletin; Jennifer Del Prete; Her lawyers are studying several options in light of the recent federal judge's ruling that "no reasonable jury" would find her guilty - including a motion in federal court based on allegations that prosecutors withheld evidence favourable to her - a 10-year-old letter written by the forensic pathologist who conducted the infant's autopsy; The Medill Justice Project;

POST: "Attorneys for daycare worker ask for more time in Federal Court: Del Prete hearing set next week in shaken baby syndrome case," by Lauryn Schroeder, published by the Medill Justice Project on January 27, 2014.

PHOTO CAPTION:  "Accused of violently shaking a 3 ½-month-old infant Dec. 27, 2002, Jennifer Del Prete was convicted of first-degree murder and sentenced to 20 years in prison in 2005. U.S. District Court Judge Matthew F. Kennelly ruled Monday that no reasonable jury would find Del Prete guilty beyond a reasonable doubt."

GIST: "Attorneys representing Jennifer Del Prete, a daycare worker convicted of murder, appeared in federal court today in Chicago seeking more time to decide what action they will take in the wake of the judge’s ruling that “no reasonable jury” would find her guilty. Among the options available, Patrick W. Blegen, Del Prete’s lead attorney, said in an interview the prisoner could file a federal Brady violation claim, accusing the prosecutors of withholding evidence favorable to Del Prete. The claim stems from a 10-year-old police detective letter discovered by The Medill Justice Project that raises questions about Del Prete’s guilt. In the 2003 letter, Police Commander Kenneth Kroll said the forensic pathologist who conducted the infant’s autopsy questioned whether the day care worker had violently shaken the child in what is known as shaken-baby syndrome or abusive head trauma. Defense attorneys learned of the letter when it was published as part of a Medill Justice Project investigation. Judge Matthew F. Kennelly’s ruling Monday is a significant step for Del Prete, 43, who was accused of violently shaking a 3 ½-month-old infant on Dec. 27, 2002. She was sentenced to 20 years in prison in 2005. The judge’s detailed and strongly worded 97-page opinion not only challenged Del Prete’s conviction but also raised significant questions about the foundation of shaken-baby syndrome convictions."

The entire post can be found at:

http://www.medilljusticeproject.org/2014/01/29/attorneys-for-daycare-worker-ask-for-more-time-in-federal-court/

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com

Amanda Knox; Here we go again! Verdict expected tomorrow. (Thursday January 30); It's the fourth verdict she and her co-accused have had to face in six years, reports Agence France Presse.

STORY: "Amanda Knox retrial verdict looms," published by AFP on January 29, 2014;

GIST: "American Amanda Knox and her Italian former boyfriend face their fourth verdict in six years for the murder and sexual assault of a British student who was brutally killed in Italy's city of Perugia in 2007.........The verdict is expected on Thursday. It is not clear how presiding judge Alessandro Nencini will rule. Usually, Italy's court rules on points of law only, but in this instance it will foray into the merits of the case - even though the details have changed little. The supreme court has revived the idea that Kercher - whose partially naked body was found in a pool of blood in the house she shared with Knox - died during a botched sex game with Knox and Sollecito. Witness testimonies which cast doubt onto the pair's innocence were valid, the court insisted. Its verdict will be the culmination of a process the supreme court began last year, when it overturned the 2011 acquittals on the grounds the appeal judge displayed "a rare mix of violation of the law and illogicality" and that the approach taken to DNA evidence and witnesses was flawed. Whatever the outcome, an appeal by either side will send the case back before the supreme court again before the verdict is considered final. Experts say it is unlikely that Knox could ever be extradited even if she is definitively convicted. But she has said she fears "becoming a fugitive"."

The entire story can be found at:

http://news.iafrica.com/worldnews/895493.html

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Justice and Science: Wrongful Convictions Blog puts expert witnesses under the microscope - and raise doubts about the ability of scientifically illiterate lawyers and judges to keep them in line. Special reference to shaken baby syndrome cases "where a doctor's testimony will be driven by his/her own personal biases about the issue, and he/she is allowed to express his/her opinion."

"POST: "Justice and science - Houston, we have a problem," by Phil Locke, published by the Wrongful Convictions Blog on January 13, 2014.

GIST: "It’s abundantly apparent that the nature of ‘evidence’ and ‘expert testimony’ has become increasingly more scientific as the decades have rolled by.  And this is a wonderful thing, because real science is a tool for discerning the real truth and the real facts.  It means that “junk science” forensics will ultimately give way to technologies and disciplines founded upon true science, and this is what the NAS Report was all about. "However, the continuing trend for evidence and testimony to become more scientifically based brings with it some “interesting” consequences of which we need to be aware — the impacts on juries and on judges & attorneys; and whether these people are prepared to cope with all this new scientific information and discipline.........Now, “expert” witnesses are just like everybody else in that they all have their own personal collections of internal biases and  beliefs.  So, while they may be testifying about what should be scientific fact, they are allowed to interpret the facts and express opinions and draw conclusions.  This can be very problematic, particularly in expert medical testimony where there may be different schools of thought within the profession about certain subjects.  We see this routinely in SBS (shaken baby syndrome) cases, where a doctor’s testimony will be driven by his/her own personal biases about the issue, and he/she is allowed to express his/her opinion.  And is it possible that an expert can be flat-out wrong?  Absolutely.  Case(s) in point would be the years of erroneous expert testimony by FBI agents about the subjects of compositional analysis of bullet lead and microscopic hair comparison.  And then there’s the decades of scientifically incorrect arson junk science expert testimony by arson investigators who did not understand, or did not accept, what science has discovered about the markers that set fires do, or do not, leave behind. Scientifically illiterate lawyers, whether prosecution or defense, are not capable of challenging the details or conclusions in the testimony of an expert.........I wish I had a solution to the problems presented by these issues, but I do not.  We’re certainly not going to be able to turn jurors and judges and lawyers into scientists.  Perhaps a part of the solution may be to invent some way of ensuring the integrity and accuracy of experts."

The entire post can be found at:

http://wrongfulconvictionsblog.org/2014/01/13/justice-and-science-houston-we-have-a-problem/

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com  

Bulletin: Ronnie Munoz-Hernandez: Toronto; Trial continues; He testifies about two incidents he recalls in which Adriel had fallen off a bed and bumped his head; Toronto Star.

STORY: "Accused man had rarely cared for child, baby Adriel murder trial hears," by reporter Jane Gerster, published by the Toronto Star on January 28, 2014;

SUB-HEADING:  "During baby Adriel Garcia DaSilva's short life, Ronnie Munoz-Hernandez testified, he would offer tips to Adriel's mother in how to care for him  but bore no parental responsibility."

PHOTO CAPTION: "Adriel Garcia was 5 months old when he died Nov. 10, 2010. Ronny Munoz-Hernandez is on trial for second-degree murder;

GIST: "During baby Adriel Garcia DaSilva’s short life, Ronnie Munoz-Hernandez testified, he would offer tips to Adriel’s mother in how to care for him but bore no parental responsibility. “I would advise her,” Munoz-Hernandez, 25, said during his trial on a charge of second-degree murder in the death of the 5-month-old. In particular, he said he told his then-girlfriend Jessica DaSilva, 23, to put pillows around Adriel while he was sleeping on a bed in his grandparents’ home after he had fallen off one morning in the days leading up to his death. This was one of two incidents he was able to recall in which Adriel had fallen off a bed and bumped his head. Munoz-Hernandez testified he’d only been left alone with Adriel once — briefly at night — before being left with him on a Saturday in September 2010, while DaSilva went to a cousin’s wedding. He said she told him she couldn’t take Adriel with her because he was bruised, but Munoz-Hernandez testified he didn’t see any visible bruises, didn’t ask her about them and didn’t check for bruises because “he looked fine.” It wasn’t until later, when he was changing Adriel’s diaper, he said, that he noticed marks."

The entire story can be found at:

http://www.thestar.com/news/crime/2014/01/28/accused_man_had_rarely_cared_for_child_baby_adriel_murder_trial_hears.html#

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html

I look forward to hearing from readers at:

hlevy15@gmail.com;

Bulletin: Danile Taylor, Deon Patrick and Nicole Harris; Chicago; They all received certificates of innocence after their murder convictions were dismissed - all had falsely confessed after lengthy interrogations that involved police threats and manipulations; (Chicago Tribune story notes that the era of DNA exonerations may be coming to an end in Cook County); (Must Read. HL);

STORY: "Three get certificates of innocence after murder convictions dismissed," by reporters
Duaa Eldeib and Steve Mill, published by the Chicago Tribune on January 23, 2014;

GIST: "In the span of 15 minutes, a Cook County judge wiped clean the records of three people who collectively spent decades in prison for murders they did not commit. Daniel Taylor, Deon Patrick and Nicole Harris have long maintained their innocence, each of them saying they falsely confessed after lengthy interrogations that involved police threats and manipulations. When their cases unraveled, their convictions were thrown out. Obtaining a certificate of innocence was the final step in expunging their records. Cook County prosecutors did not object to their requests......... That three exonerated inmates could have their cases heard on the same day in front of the same judge illustrates how common wrongful convictions have been in Cook County — 72 of them in the last quarter-century, according to Northwestern University’s Center on Wrongful Convictions, whose attorneys represented Harris and Taylor. That all three cases turned on false confessions underscores the scope of that problem for Chicago police. The cases also suggest that the era of DNA exonerations may be nearing an end; since the mid-1990s, if DNA was available in a case, it likely was tested before trial. As a result, future exoneration attempts likely will come in cases that do not have DNA. Those exonerations, said Rob Warden, executive director of the Center on Wrongful Convictions, will be harder to achieve.. “These other cases, they’re hard. You’ve got to go back and you really have to reinvestigate the entire case,” said Warden. “It’s not just a DNA test.”.........Harris was released from prison last year after spending nearly eight years behind bars for the 2005 murder of her 4-year-old son Jaquari Dancy. Virtually the only evidence against her was her confession, which she said she gave only after police threatened her, deprived her of food and water and told her she failed a polygraph she was certain would clear her. For years, Harris said her confession was false and her son's death was an accident. Jaquari was found with a fitted bedsheet cord wrapped around his neck. His brother, who was 5 at the time, told authorities that he saw Jaquari wrap the cord around his neck while playing, but he was barred from testifying at Harris' trial."

The entire story can be found at:

http://articles.chicagotribune.com/2014-01-23/news/chi-3-get-certificates-of-innocence-after-murder-convictions-dismissed-20140123_1_deon-patrick-jeffrey-lassiter-sharon-haugabook

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/charlessmith

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

http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html

I look forward to hearing from readers at:

hlevy15@gmail.com;