David Harold Eastman; Australia; (Aftermath 2; Inquiry report): Forensic errors in his conviction could not go unnoticed, the Canberra Times is told. One of Robert Barnes' high profile cases - the 1993 killing of escaped convict Archie Butterly also caused concerns, "eventually prompting a wider audit of his work."

STORY: "Forensic errors in David Eastman's conviction could not go unnoticed," by reporter Christopher Knaus, published by the Canberra Times on May 31. 2014.

GIST:  "A former AFP forensics chief says the litany of mistakes that were made with the crucial gunshot residue analysis in the Winchester case simply could not be repeated in a modern-day investigation. The forensic work on Colin Winchester's murder, one of Australia's most high-profile police assassinations, was subjected to scathing criticism in the final report of the Eastman Inquiry that was published on Friday. Robert Collins Barnes, a Victorian-based expert, was the case's most critical forensic witness. His analysis linked gunshot residue found in David Eastman's boot with that found at the scene, describing the retrieved particles as "indistinguishable". The inquiry heard evidence that "devastated" Barnes' reliability. The supposedly independent expert was found overwhelmingly to lack impartiality and, instead, to be in favour of the prosecution. Among other errors, he mixed up exhibits from Eastman's Mazda and the crime scene, something senior counsel assisting the inquiry, Liesl Chapman SC, summed up by saying: "For a forensic scientist, it doesn't get any worse than that." But experts say the kinds of flaws displayed in the Winchester case would simply not be allowed in modern-day investigations......... Barnes worked on a handful of other high-profile cases, including the 1986 bombing of the Russell Street Victorian police headquarters and the1993 killing of escaped convict Archie Butterly. His work on the Butterly case also raised concerns, eventually prompting a wider audit of his work. The defence and the trial judge were largely unaware of Barnes' flaws at Eastman's 1995 trial. Professor Robertson said there were no real systemic problems with forensics identified in the Eastman Inquiry."

The entire story can be found at:

http://www.smh.com.au/comment/wheels-of-justice-continue-to-grind-in-david-eastman-case-20140529-zrs52.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;

DNA Exoneration: El Jazeera America story contains an important caution on DNA testing from John Jay College's Prof. Lawrence Kobilinsky: DNA testing is not 100 percent foolproof...Because humans must collect and test DNA samples, the process is susceptible to human error.

REMINDER: Al Jazeera America presents another episode in its excellent series on the American criminal justice system "The System"  tomorrow - Sunday June 1 at 9.00 PM Eastern Time; 6.00 PM Pacific Time.

STORY: "DNA exoneration: Redeeming the wrongfully convicted," by  Associated Press reporter Julio Cortez, published by Al Jazeera on May 27, 2014;

SUB-HEADING:  "Across U.S., 316 jailed criminals have successfully proved their innocence and found justice through forensic science."

GIST:  "Lawrence Kobilinsky, chair of the sciences department at John Jay College of Criminal Justice in New York, said that the public, as well as judges and juries, considers DNA testing to be “the gold standard” for proof that, if produced, can trump other types of evidence. In addition to its potential to free the innocent, DNA testing can help identify a crime’s true culprit. Nearly half of DNA exoneration cases lead to someone other than the falsely convicted individual. Kobilinsky cautioned that DNA testing is not 100 percent foolproof, though. Because humans must collect and test DNA samples, the process is susceptible to human error. “People can pipe material into the wrong well, or they can mislabel samples. You cannot have an expert go on the stand and say, ‘We never make mistakes,’ because that’s not real life,” he says. Still, Kobilinsky said efforts by advocacy groups have “revealed to convicts, felons and criminals that there is a way out of prison.” The professor added: “But you can get a D.A. [district attorney] who doesn’t want to have a case opened up. They have a conviction under their belt. Why would they want the case overturned? [Yet] a D.A. should be cognizant of their mission, which is justice — not just winning a case.”.........Flawed forensics: This type of scientific mistake occurred in the process of convicting around half of those ultimately exonerated through DNA testing. Botched forensic techniques include hair microscopy, firearm analysis and shoe print comparison. Some cases are led astray due to misconduct by forensic scientists."

The entire story can be found at:

http://america.aljazeera.com/watch/shows/ajam-presents-thesystem/articles/2014/5/8/dna-exoneration-wrongfullyconvicted.html

Al Jazeera "The System" web page:  Flawed forensics: "Nearly 20 years later, the fates of two men are still entangled in the FBI’s faulty hair analysis from all those years ago. Both men were found guilty of multiple murders and now one is on the outside, recently released and waiting for a retrial, while the other is still on death row, hoping the State will allow him the DNA test he needs to keep him alive."

 http://america.aljazeera.com/watch/shows/al-jazeera-america-presents.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;

David Harold Eastman: Inquiry report; Aftermath 1: Michael Inman reports that a mafia link in the killing of the assistant police commissioner could have saved Eastman at trial. Canberra Times.

STORY: "Mafia link could have saved Eastman at trial," by reporter Michael Inman,  published by Michael Inman, Courts Reporter for the Canberra Times on May 30, 2014.

GIST: "Alleged mafia involvement in the killing of assistant police commissioner Colin Winchester was probed during the inquiry, but much of the evidence was taken in closed hearings and ordered to be kept secret. Inquiry boss acting Justice Brian Martin admitted in his findings that he had heard “material pointing to an alternative hypothesis consistent with innocence, the strength of which is unknown”. The judge said the fresh evidence added a “new dimension” to the Mafia’s involvement, and lifted “suspicion to the level of a reasonable hypothesis consistent with the [Eastman’s] innocence”. “If this evidence had been available at the time of the trial … it would have been of significant assistance to the defence in endeavouring to advance the alternative hypothesis concerning the identity of the offender,” Justice Martin wrote.........For years, an alternative hypothesis for the homicide involved mafia figures taking revenge for Mr Winchester's role in double-crossing members of the 'Ndrangheta over the development of a cannabis crop at Bungendore. Mr Winchester had been involved in an intelligence operation in which he posed as a corrupt cop. The trial of those involved in that drug crop had been only a month away at the time of his death. But defence lawyers for the mafia members gave evidence at a coronial inquest that they had intended to call Mr Winchester during the trial as part of their defence of police authorisation. In his report, Justice Martin said the hypothesis – in the absence of the fresh material heard during the inquiry – suffered from major defects, including the lack of hard evidence linking members of the mafia group to the murder."

The entire story can be found at:

http://www.smh.com.au/act-news/mafia-link-could-have-saved-eastman-at-trial-20140530-zrtjq.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;

Bulletin: Michael Beakley: Shaken baby syndrome trial under way in British Columbia; Doctor tells court injuries in 7-month-old baby's brain were akin to being run over by a vehicle. Kamloops This Week.

STORY: "Baby's injuries akin to being run over by vehicle but she was shaken: doctor" by reporter Cam Fortems, Kamloops This Week, published by the Canadian Press on Mau 30, 2014.

GIST: "Injuries to a seven-month-old baby's brain were so severe that they're typically seen in children who have been run over by a vehicle or fallen from a second-storey window, a doctor has testified. Pediatric specialist Dr. Margaret Colbourne said injuries in Hunter Beakley's eyes showed she'd been violently shaken. “There’s nothing else that would have caused this except shaking," Colbourne said. My diagnosis was abusive head trauma,” Colbourne told B.C. Supreme Court on Thursday.........It was an ophthalmologist’s report that solidified what every other doctor suspected when they examined Hunter, who began having seizures. Injuries in her eyes were “secondary to shaken-baby syndrome,” the pediatric ophthalmologist wrote after examining the baby while she was undergoing brain surgery at BC Children’s Hospital in Vancouver on Feb. 15, 2012. Colbourne, who is also the medical director of the child-protection service unit at BC Children's Hospital, was testifying in the trial of Hunter's father, Michael Beakley. He is charged with aggravated assault and criminal negligence causing bodily harm.........In cross-examination, defence lawyer Bob McRoberts asked Colbourne if the Valentine’s Day injury could have occurred earlier in the day or on Feb. 13, the day on which Gunn described Hunter as “inconsolable” and “not right.” “The degree of bleeding and swelling in her head, she would have appeared more abnormal than that,” Colbourne said. But she couldn’t rule out the injury happened earlier. “It’s conceivable this injury could have happened sometime in the day, during February 14th." Colbourne said milder brain injury is misdiagnosed by general physicians about 30 per cent of the time as flu-like symptoms, such as what Hunter had in previous weeks. McRoberts also noted the lack of rib injury often seen in infants who are grabbed and shaken violently. Colbourne testified the “huge, huge” hemorrhaging of blood seen in Hunter’s eyeball rarely occurs except during violent acceleration and deceleration of the head. Doctors did extensive blood work and other testing to rule out causes. By Feb. 29, 2012, two weeks after Hunter was admitted to hospital, “we didn’t need to do anymore investigation,” Colbourne said."

The entire story can be found at:

http://www.huffingtonpost.ca/2014/05/30/babys-injuries-akin-to-b_n_5420244.html?utm_hp_ref=canada-british-columbia&ir=Canada+British+Columbia

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;
 

Bulletin; David Harold Eastman: Momentous decision; Inquiry recommends murder conviction be quashed; Judge "fairly certain" Eastman is guilty but "a nagging doubt remains" and "regardless of my view of the case and the applicant’s guilt, the substantial miscarriage of justice suffered by the applicant should not be allowed to stand." "Deeply flawed forensic evidence" at trial at heart of judge's recommendation. Link to full inquiry report provided. Sydney Morning Herald.

STORY: "David Eastman inquiry recommends murder conviction be quashed," by reporter Christopher Knaus, published by the Dydney Morning Herald on  May 30, 2014. (This post will be updated. HL);

GIST: "The Eastman inquiry has recommended David Eastman’s conviction for the infamous 1989 assassination of ACT police chief Colin Stanley Winchester be quashed. The extraordinary finding could have the convicted murderer freed after almost 19 years behind bars, should it be followed by the ACT Supreme Court. If Eastman walks, it will be despite the inquiry's judge saying he is “fairly certain” the former Treasury official killed Mr Winchester. The inquiry's report finally arrived late on Friday afternoon, after six months, thousands of pages of documents, a conveyor belt of now ageing witnesses, and countless hours of public hearings. Its recommendations are jaw-dropping......... Despite the recommendations, Acting Justice Martin said he still thought Eastman was likely to be guilty of the murder. “While I am fairly certain the applicant is guilty of the murder of the deceased, a nagging doubt remains,” the judge wrote. “Regardless of my view of the case and the applicant’s guilt, the substantial miscarriage of justice suffered by the applicant should not be allowed to stand uncorrected.”.........“As a consequence of the substantial miscarriage of justice, the applicant has been in custody for almost 19 years,” Acting Justice Martin wrote. Eastman, the judge said, was denied a fair chance of acquittal, and did not receive a fair trial. He said his guilt had been decided on “deeply flawed” forensic evidence, in a trial where Eastman had been denied procedural fairness because of incomplete disclosure by the prosecution of all relevant material to the accused’s defence team. The work of the case’s key forensic expert, Robert Collins Barnes, was significantly undermined during the inquiry; its credibility and reliability repeatedly savaged. Barnes, now struggling in a battle with cancer, conceded some of his evidence had been misleading, and the inquiry heard he destroyed crucial exhibits, and failed to write reports for his most important results. Counsel assisting the inquiry, Liesl Chapman, SC, described his mixing up of results from the crime scene and Eastman’s car by saying: "For a forensic scientist, it doesn't get any worse than that.” The supposedly independent expert was also covertly recorded professing himself to be a “police witness”, and resisting efforts to have his work reviewed. “If we don't put a brake on these turkeys ... I mean, we don't want these bastards putting that sort of stuff in writing," Mr Barnes told detectives in 1994. Barnes was subject to an internal disciplinary investigation in Victoria at the time, and his work was later audited following concerns stemming from his evidence in a separate case......... Lawyers for the AFP lost a last-hour attempt to delay publication of the report on Friday afternoon."

The entire story can be foud at:

http://www.smh.com.au/act-news/david-eastman-inquiry-recommends-murder-conviction-be-quashed-20140530-zrtc1.html

See also the following  article relating to possible compensation; (Could  go into the millions some predict - but is subject to a big "if." HL); Eastman has served more time than the recent high profile case of Perth man Andrew Mallard, who received a $3.25 million payout in 2009 after spending 12 years behind bars for a murder he did not commit. Mr Mallard was eventually cleared in 2006 and received an ex gratia payment of $200,000 upon his release. Perth man Andrew Mallard received a $3.25 million payout in 2009 after spending 12 years behind bars for a murder he did not commit. A government can make compensation payments ex gratia when it is prepared to compensate a person, but not admit liability. Alice Lynne “Lindy” Chamberlain received $1.3 million in compensation in 1992 after she had been wrongly convicted of killing her nine-week old daughter, Azaria, at Uluru in 1980. She spent about three years behind bars before after her sentence was overturned. A coronial inquest in 2012 found a dingo had killed the child."

 http://www.smh.com.au/act-news/david-eastman-could-get-millions-in-compensation-if-released-lawyers-say-20140530-zrt4w.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;
 

Bulletin: David Harold Eastman; Australia: Inquiry formally ended; Findings lodged with Supreme Court; inquiry heard of problems with the conviction, including forensics, police harassment, Eastman's mental fitness to stand trial and if the trial judge had been tainted by apprehended bias. Will his conviction be overturned? The waiting game begins. Sydney Morning Herald.

STORY: "Supreme court to rule on David Eastman's murder conviction," by reporter Michael Inman, published by the Sydney Morning Herald on May 29, 2014.

GIST: "The inquiry into David Harold Eastman's murder conviction has formally ended, with the board lodging its findings with the ACT Supreme Court on Thursday. The report will now go before the full court for consideration. It will decide whether to confirm or quash the conviction. Even if the court decides to confirm the conviction, it could choose to pardon Eastman and release him from custody. An order to overturn the guilty verdict could result in a retrial. It could also effectively reaffirm the conviction.........The inquiry – which could cost the taxpayer roughly $4 million –  received evidence from its final witness in April and closing submissions were heard mid-May, finishing five months of public hearings. During that time, the inquiry heard of problems with the conviction, including forensics, police harassment, Eastman's mental fitness to stand trial and if the trial judge had been tainted by apprehended bias. It is unknown when the report or the court's decision will be made public."

The entire story can be found at:

http://www.smh.com.au/act-news/supreme-court-to-rule-on-david-eastman8217s-murder-conviction-20140529-zrs8u.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;

Bulletin: Douglas Hales: Saskatchewan. Judge rules murder confession obtained by police during "Mr. Big" operation is admissible. Star Phoenix.

STORY:  "Hales' murder confession to police is admissible, judge rules," by reporter Jeremy Warren, published by the Star Phoenix on May 29, 2013.

GIST: "Queen's Bench Justice Gerald Allbright says Douglas Hales' confession to killing Daleen Bosse made during a police interrogation is admissible as evidence. On Wednesday, court heard final submissions from Crown and defence lawyers in a voir dire - a trial within a trial - on whether or not Hales voluntarily made statements to Saskatoon police in an interview after his arrest in August 2008.........In his submission, defence lawyer Bob Hrycan painted a portrait of Hales as a lonely, uneducted and unemployed man when he met undercover RCMP officers targeting him in a Mr. Big sting in May 2008. Hrycan argued the police interview should not be allowed because Hales did not voluntarily make the admissions. The three-month RCMP sting, during which Hales befriended and worked for the undercover officers, was a ruse that fundamentally changed Hales' psyche, Hrycan argued. Hales was so "addicted to his new life" - he relied on RCMP, financially and emotionally - that when it was revealed it was all a sham, he crumbled and was in a vulnerable state that helped Saskatoon police push him to confess he fatally choked Bosse in 2004, Hrycan argued. "Every vulnerable factor of his personality was exploited," Hrycan told court. Hales was a shattered man reeling from revelations that his friends and employers in a criminal organization were really undercover RCMP officers when police interviewed him, Hrycan said. "He had been played for a fool," Hrycan said. "The world he lived in all that time was in fact a lie." The entire sting was really a three-month long interrogation of Hales, and the police interview was just the final part, so the tactics used during the operation were "bordering on entrapment," Hrycan added. "Is this coercion? We suggest it is."........ Crown lawyer Matthew Miazga argued the idea that the three-month sting was in fact one long interrogation has no legal basis. He also argued Saskatoon police interviewing Hales after his arrest never aggressively confronted him; rather, in soft tones they simply laid out the evidence, as they would for anyone in custody. "Yeah, (Hales) was upset. Why was he upset?" Miazga told court. "In his own words he said, 'I don't want to die in jail.' " In the interview video played earlier in court, Hales didn't appear to be exhibit the pliable, submissive personality described by the defence, Miazga said, adding the accused at times was defiant with police, swearing and insulting them early in the interview.".........Now the voir dire is over, the Crown has officially closed its case."

The entire story can be found at:

http://www.thestarphoenix.com/news/Hales+murder+confession+police+admissible+judge+rules/9887909/story.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;

Bulletin: Gerry Barton: Nova Scotia: Judge denies compensation for 1970 wrongful rape conviction. Finds investigating police officer was not negligent. Points finger at Barton's accuser "(who) lied under oath during a preliminary inquiry" - and "the actual perpetrator of the crime (who) also lied to police and committed perjury." CBC News.

STORY: "Gerry Barton loses bid for wrongful conviction compensation," published by CBC News on May 29, 2014.

SUB-HEADING: "Officer who conducted initial investigation not negligent, judge finds."

SUB-HEADING:  "A Nova Scotia judge has ruled that Gerry Barton, who was wrongfully convicted of rape in 1970, should not be compensated."

GIST: "A former Nova Scotia man wrongfully convicted of rape more than four decades ago has been denied compensation by a Supreme Court of Nova Scotia justice in a ruling released Thursday. Gerry Gaston Barton was 19 years old and living in Digby County, N.S., when a teenage neighbour accused him of raping her and fathering her child. He was convicted in 1970 and sentenced to probation. ........Barton, who now lives in Morinville, Alta., subsequently filed a lawsuit against the Nova Scotia government and the Attorney General of Canada. He alleged negligence and was seeking damages in the range of $500,000 and an apology. But in his ruling, Supreme Court of Nova Scotia Justice James Chipman dismissed claims that the initial investigation conducted by Earl Hamilton, then an RCMP corporal, was negligent. The judge says Barton's accuser lied under oath during a preliminary inquiry and the actual perpetrator of the crime also lied to police and committed perjury. "These are the individuals responsible for Mr. Barton's criminal conviction, not retired inspector Hamilton," Chipman wrote. Chipman ruled against compensating Barton. But the judge says if Barton appeals and wins, then he would be eligible for $75,000 in general damages. It's unclear if Barton will appeal."

The entire story can be found at:

http://www.cbc.ca/news/canada/nova-scotia/gerry-barton-loses-bid-for-wrongful-conviction-compensation-1.2658351?cmp=rss

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;

Bulletin: Henry Keogh; Appeal court agree's to release Anna-Jane Cheney's medical notes for expert analysis at the request of the defence. ABC News;

STORY: "Anna-Jane Cheney medical notes expert witness appeal Henry Keogh," by reporter Candice Marcus, published by ABC News on May 27, 2014.

GIST: "The Court of Criminal Appeal has agreed to release an Adelaide murder victim's "sensitive" medical notes for expert analysis. Henry Vincent Keogh is pursuing an appeal against his murder conviction under recent legislation allowing a case to be reopened if there is fresh and compelling evidence. Keogh is serving a life jail sentence with a non-parole term of 25 years for drowning his fiancée Anna-Jane Cheney in a bath at their Adelaide eastern suburbs home in 1994. His lawyer has told the court she is finalising the evidence for the appeal hearing in September and wants a toxicologist in Sydney to assess Ms Cheney's medical notes.........Keogh's lawyer Marie Shaw has been given the court's permission to inspect the notes again so she can discuss them with the expert witness. She says too she is appealing against a rejection of legal aid funding for her instructing solicitor, which had delayed appeal preparations......... There are expected to be four or five days of oral submissions to the court in September. Mrs Shaw says Keogh wants to be at the hearing."

The entire story can be found at:

http://www.abc.net.au/news/2014-05-27/anna-jane-cheney-medical-notes-expert-witness-appeal-henry-keogh/5480430?section=sa

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;

Bulletin: Douglas Hales; Saskatchewan; Defence challenges murder confession obtained during "Mr. Big" sting operation. CBC News.

STORY: "Accused  Saskatoon murderer's confession questioned," published  by CBC News on May 28, 2014.

SUB-HEADING: "Defence contends undercover operation changed Hale's personality."

GIST:  "Six years after Douglas Hales led undercover police to Daleen Bosse's remains, his lawyer questions whether the accused murderer's confessions were truly reliable and voluntary. Hales was charged with first-degree murder August 10, 2008, three days after he confessed to an RCMP officer posing as a criminal. Hales said he killed the 25 year-old mother, and burned her. Bosse was last seen with Bosse four years earlier, the night the student teacher disappeared from a Saskatoon nightclub. Throughout the trial, Hales' lawyer has contended Bosse may have died of alcohol poisoning, while questioning the techniques used by undercover RCMP officers during a three-month sting operation......... Defence lawyer Bob Hrycan suggested Hales was eager to earn money from the agents who posed as car repossession men. Hrycan said the "socially inept, withdrawn" young father made it clear he'd go to any length to remain friends with the men who kept him running errands for a fictitious criminal organization.........For weeks, the defence has argued the so-called "Mr. Big" technique RCMP use to elicit confessions can be remarkably effective at generating false admissions. The sting typically involves befriending a suspect over several months, then encouraging the suspect to meet a fake crime boss, coming clean about any potential misdeeds. The undercover RCMP officers involved in the Hales case insist the accused knew he could leave their fictitious criminal organization at any time. They also said their goal was to seek the truth, not to elicit false information. Hales' lawyer argued undercover officers encouraged the accused to make crude, degrading statements, and to exaggerate his claims."

The entire story can be found at:

http://www.cbc.ca/news/canada/saskatoon/accused-saskatoon-murderer-s-confession-questioned-1.2655980?cmp=rss

Update: Judge denies defence leave to call a psychological to testify on the effect a "Mr. Big" operation would have on the lawfulness of a statement   made by the accused:  "Monday afternoon, Justice Allbright ruled that he would not allow Patry to testify on the reliability of statements Hales gave to police.  A confession Hales made after this arrest on August 10th, 2008 for the murder of Daleen Bosse. An interrogation video that is part of a “voir dire” therefore it is not yet considered evidence. Wednesday, Justice Allbright will rule whether the video confession is admissible and if the expert can testify on statements made by Hales during an RCMP “Mr. Big” sting operation.

http://news.store-1.net/167304/judge-rules-against-psychologist-testifying-in-hales-trial/

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;

Bulletin: Jeremiah Duggan: U.K. Coroner agrees to hold formal inquest into mysterious death in Germany in New year. His mother claims he was murdered and insists German police have conducted a sham investigation and destroyed evidence (her son's shoes and clothes). Times Series.

STORY: "Golders Green mother fights for justice for son, Jeremiah Duggan," by reporters Anna Slater and Megan Jula,  published by the Times Series, on May 28, 2014:

GIST: "A mother fighting for justice for her son who died in mysterious circumstances in Germany accused investigators of “institutional racism” at an inquest today. Jeremiah Duggan’s mother Erica, of Golders Green, told Barnet Coroners Court how she has spent the harrowing 11 years since her son’s death without answers as to how he died.........At a pre-inquest review hearing this morning, Coroner Andrew Walker agreed to hold a formal inquest into his death next year. Addressing the court, Mrs Duggan said: “They told me it was Jeremiah’s goodbye call, and that I didn’t know my son. I knew from that phone call he wanted to stay alive. It wasn't a suicide. “When we arrived in Germany, it was quite clear the case had been on the spot closed. “The law in Germany has let us all down. It’s institutional racism, they don’t see what they don’t want to see.” In December 2012, the Higher Court in Hessen told the Wiesbaden Police Department they had failed in their duties to properly investigate. But Mrs Duggan, who has two daughters, claims the same police officer who presided over her son’s death in 2003 was asked to conduct “another deeply flawed and corrupt investigation”. She added: “It’s been a sham investigation. “In my mind, the investigators destroyed evidence – they destroyed his shoes and his clothes.""

The entire story can be found at:

http://www.times-series.co.uk/news/11240509.Mother_s_11_year_fight_for_justice___It_wasn_t_a_suicide_/
 
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;

Commentary: Freddie Lee Hall: Florida: The Atlantic's Andrew Cohen says that the U.S. Supreme Court's emphatic ban on executing the intellectually disabled is "a ruling about science and medicine as much as it is about law and logic" - and that it is "welcome news at a time when there is great partisan conflict between law on one hand and science on the other."

STORY: "The Court's emphatic ban on executing the intellectually disabled,"  by Andrew Cohen, published by The Atlantic on May 27, 2014.

SUB-HEADING:  "A divided court doubled down on its 2002 Atkins decision, ruling that Florida can't kill Freddie Lee Hall just because his IQ has sometimes passed an arbitrary mark."

GIST: "The dissent in Hall v. Florida, written by Justice Samuel Alito, is also striking. It is nearly as long as the majority opinion and it presents an argument that Justice Antonin Scalia would surely have ridiculed had he not signed onto it. Florida is free to continue to execute mentally disabled people even though the Supreme Court has prohibited the practice, the dissenters suggest, because when it comes to recognizing and defining cognitive disabilities among death-row inmates the American people in their infinite wisdom know better than “a small professional elite” who have devoted their professional lives to the study of intellectual disability........."But Hall v. Florida is a ruling about science and medicine as much as it is about law and logic, and it is welcome news at a time when there is great partisan conflict between law on one hand and science on the other. Kennedy and his colleagues have filled the void left by Atkins with the information and evidence and knowledge and even perhaps the wisdom the nation’s best medical minds can bear upon the topic. Doctors will now have a larger say in who lives and who dies in these states, and why shouldn’t they? Because prosecutors or judges know better? Because a state or a society benefits from killing a person whose mental capabilities preclude him from fully understanding why?"

The entire story can be found at: 

http://www.theatlantic.com/politics/archive/2014/05/hall-v-florida/371662/

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;