POST: "Attorneys for day care worker file claim in federal court that prosecutors withheld evidence," by reporter Lauryn Schroeder, published by the Medill Justice Project on February 19, 2104.
SUB-HEADING: "Key evidence in the claim involves a police letter that was discovered by a Medill Justice Project investigation of Del Prete's case."
GIST: "Attorneys representing Jennifer Del Prete, a day care worker convicted of murder, filed a Brady claim in federal court late Tuesday, accusing the state of withholding key evidence discovered by The Medill Justice Project that points to her innocence. Her lawyers also requested Del Prete be released from prison if the court chooses to postpone its ruling until state proceedings have concluded. Del Prete’s attorneys filed a Brady claim in state court in May 2013 and the issue is pending. The key evidence in the Brady claim involves a 2003 letter written by a police detective in Del Prete’s case, which was found by The Medill Justice Project and published as part of its investigation last year. Del Prete overcame a major legal hurdle on Jan. 27 when Judge Matthew F. Kennelly ruled that no reasonable juror, who heard all of the evidence, would have found Del Prete guilty of murder. In his ruling, Judge Kennelly called into question the controversial science behind shaken-baby syndrome that led to her conviction.".........In the 2003 letter obtained by The Medill Justice Project, Police Commander Kenneth Kroll said the forensic pathologist who performed the infant’s autopsy was uncertain whether the day care worker had violently shaken the child in what is known as shaken-baby syndrome or abusive head trauma. The letter represents a Brady violation because prosecutors failed to disclose favorable evidence during Del Prete’s initial trial. A status hearing is scheduled for Feb. 20 at 9:30 a.m. in downtown Chicago. The hearing will allow the Illinois Attorney General’s Office, which represents the state in Del Prete’s case, to respond to her Brady claim and ask for time to file a reply. Patrick W. Blegen, Del Prete’s lead attorney, said it is unclear when an official ruling will be made on the Brady claim and request for Del Prete’s release."
The entire post can be found on:
SUB-HEADING: "Key evidence in the claim involves a police letter that was discovered by a Medill Justice Project investigation of Del Prete's case."
GIST: "Attorneys representing Jennifer Del Prete, a day care worker convicted of murder, filed a Brady claim in federal court late Tuesday, accusing the state of withholding key evidence discovered by The Medill Justice Project that points to her innocence. Her lawyers also requested Del Prete be released from prison if the court chooses to postpone its ruling until state proceedings have concluded. Del Prete’s attorneys filed a Brady claim in state court in May 2013 and the issue is pending. The key evidence in the Brady claim involves a 2003 letter written by a police detective in Del Prete’s case, which was found by The Medill Justice Project and published as part of its investigation last year. Del Prete overcame a major legal hurdle on Jan. 27 when Judge Matthew F. Kennelly ruled that no reasonable juror, who heard all of the evidence, would have found Del Prete guilty of murder. In his ruling, Judge Kennelly called into question the controversial science behind shaken-baby syndrome that led to her conviction.".........In the 2003 letter obtained by The Medill Justice Project, Police Commander Kenneth Kroll said the forensic pathologist who performed the infant’s autopsy was uncertain whether the day care worker had violently shaken the child in what is known as shaken-baby syndrome or abusive head trauma. The letter represents a Brady violation because prosecutors failed to disclose favorable evidence during Del Prete’s initial trial. A status hearing is scheduled for Feb. 20 at 9:30 a.m. in downtown Chicago. The hearing will allow the Illinois Attorney General’s Office, which represents the state in Del Prete’s case, to respond to her Brady claim and ask for time to file a reply. Patrick W. Blegen, Del Prete’s lead attorney, said it is unclear when an official ruling will be made on the Brady claim and request for Del Prete’s release."
The entire post can be found on:
http://www.medilljusticeproject.org/
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.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;
