Ed Graf: Jury selection begins October 6. The Texas Court of Criminal Appeals awarded Graf a new trial in March 2013, ruling the scientific arson evidence used to convict him of capital murder in 1988 since has been proved faulty. Waco Tribune.

  

COUNTDOWN: 2  days to Wrongful Conviction Day: (Thursday October 2, 2014); Participant's quote: New Zealand Innocence Project:  "Innocence Project New Zealand is honoured to support the inaugural Wrongful Conviction Day. We believe that this is an important initiative to celebrate the successes this movement has achieved. But this day also provides an opportunity to reflect and re-focus on the work that still needs to be done to attain justice for those who remain wrongfully incarcerated."

  
STORY: "Questionnaires to aid Ed Graf murder retrial jury selection," by reporter Tommy Witherspoon, published by the Waco Tribune on September 28, 2014.

GIST: "The Texas Court of Criminal Appeals awarded Graf a new trial in March 2013, ruling the scientific arson evidence used to convict him of capital murder in 1988 since has been proved faulty. The court declined to find Graf innocent, as his attorneys requested. Prosecutors at the time sought the death penalty, but the jury chose a life sentence instead. Because jurors chose the life term instead of a death sentence, prosecutors are precluded by law from seeking the death penalty at the retrial. The 44-question questionnaire asks prospective jurors personal information about themselves and their families, asks their experiences with police and the criminal justice system and asks if they consider themselves a leader or a supporter."

The entire story can be found at:
 

http://www.wacotrib.com/news/courts_and_trials/questionnaires-to-aid-ed-graf-murder-retrial-jury-selection/article_5c9c68c7-13d9-5196-b1f1-a7a4f9ecade5.html?mode=jqm

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Anti-junk science legislation: Forensics in Focus publisher Mike Bowers reports that California's anti-junk forensic science bill is now law - and says that's a good thing.

COUNTDOWN: 3  days to Wrongful Conviction Day: (Thursday October 2, 2014);

POST: "Anti-junk forensic science bill is now law: Criminal justice public  policy breakthrough in California," by Mike Bowers, published on his Blog  "Forensics in Focus" on September 27, 2014.

GIST: "California Governor Jerry Brown just signed into law SB 1058 bill. The law permits habeas corpus petitioners (i.e. after a conviction) the ability to contest expert testimony that was presented against them at trial. In other words, experts who either repudiate their past testimony or used forensic “science” that is later deemed faulty by legitimate research are subject to later proceedings reversing a conviction. Personal liabilities of those experts are NOT affected by this amendment to the California Penal Code. The implications of this advance in criminal justice sidesteps prosecutors’ and judges’ habit of using old case law as an excuse for ignoring habeas corpus appeals expressing new forensic research and attitudes."

The entire post can be found at:

http://csidds.com/

See related Wrongful Convictions Blog post: " The law permits post conviction defendants the ability to contest expert testimony that was presented against them at trial. In other words, convictions in which experts have either repudiated their past testimony, or used forensic “science” that is later deemed faulty by legitimate research, are subject to later proceedings reversing that conviction. This is a huge deal, because it prevents prosecutors and judges from just using old case law as an excuse for ignoring habeas corpus appeals expressing new forensic research and attitudes." (Phil Locke);

http://wrongfulconvictionsblog.org/2014/09/27/california-anti-junk-science-forensics-bill-signed-into-law/

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Reginald Tanubagijo: California: Convicted in July of second degree murder and felony child abuse; Judge postpones sentencing to consider motion for mistrial based on possible juror misconduct. "Possibility that there are other reasons to conduct a new trial".

COUNTDOWN: 3 days to Wrongful Conviction Day: (Thursday October 2, 2014); Participant's quote. Legal Aid Ontario: “Wrongful Conviction Day highlights the importance of not only remedying but also preventing wrongful convictions,” says John McCamus, the Chair of LAO. “Wrongful conviction appeals frequently highlight some of the most acute systemic failures in our judicial processes.”(Legal Aid Ontario is enthusiastically supporting Wrongful Convictions Day on its website. That makes sense. The fewer the wrongful Convictions the less financial strain there will be on Ontario's  legal aid plan  -  and the more money there will be to ensure that accused persons without the necessary financial resources  will be able to make full answer and defence.  Bravo to Legal Aid Ontario. It has played a hugely important role in the exoneration of the victims of former Dr. Charles Smith. HL.)

STORY: "Allegation of Juror misconduct could lead to a new trial," by reporter Melissa Murphy, published by  The Reporter on September 26, 2014.

GIST:  Alleged juror misconduct could lead to new trial for Suisun City foster father convicted of second degree murder. Suisun City foster father Reginald Tanubagijo was convicted in July of second degree murder and felony child abuse, four years after making a 9-1-1 call to report an infant was unresponsive and choking on milk. Friday morning Tanubagijo was scheduled for sentencing in Judge Robert Bowers' courtroom, but that was postponed in order for the court to consider a motion for a new trial.........There is a possibility that there are other reasons to conduct a new trial, but Bowers said that the first bridge to cross should address the possible juror misconduct. Tanubagijo is scheduled to appear again before Judge Bowers at 8:30 a.m. Oct. 17."

The entire story can be found at:

http://www.thereporter.com/news/ci_26617072/allegation-juroro-misconduct-could-lead-new-trial

See recent post on this Blog: "The trial, which included a number of medical expert witnesses who gave sometimes dueling opinions of the infant's injuries, also included numerous witnesses who said Tanubagijo was a loving and gentle father."

 http://smithforensic.blogspot.ca/2014/08/reginald-tanubagijo-california.html

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Wrongful Conviction Day: October 2, 2014. A sampling of just a few of the scheduled events as momentum builds - and there are still four days to go.

COUNTDOWN: 4 days to Wrongful Conviction Day: (Thursday October 2, 2014);

PUBLISHER'S VIEW: "As our very first Wrongful  Conviction Day  approaches,  thanks to the initiative  of The Association in Defence of the Wrongly Convicted - and in particular, Win Wahrer, AIDWYC's Director of Client Services  (the heart and soul of AIDWYC) who had the visionary idea of initiating a "Wrongful Conviction Day -  it is dazzling to see the array of projects that have been created in to commemorate the special day in different parts of the world. (When I first checked out "Wrongful Conviction Day" - before AIDWYC had announced its initiative, there were six entries under "Wrongful Conviction Day." There are now, at the time of posting, some 20,700 entries on the Internet.)  Some  events have been organized by organizations, some by individuals. Some are educational; Some have been geared towards specific cases. But all of the have a common denominator: A passionate desire to rid the world of wrongful convictions, to remedy those that have occurred, and to prevent them from occurring in the future. They also share  a common goal of educating people to how frail our criminal justice systems are,  how great the risk of a wrongful conviction can be,  the harm that wrongful convictions cause to individuals, to their families, and to society at large - and a healthy obsession to do something about it, no matter where the injustices may occur. Here is a sample of just a few  of the events scheduled for Thursday October 3, 2014."

Harold Levy. Publisher. The Charles Smith Blog.

I will start with The Association in Defence of the Wrongly Convicted because of the important role it has played in creating and promoting Wrongful Conviction Day. James Lockyer will deliver a lecture entitled  Preventing and Rectifying Wrongful Convictions by Understanding Their Causes.  Lockyer is a co-founder of AIDWYC  and the lead lawyer  who represented many of the wrongly convicted who were eventually exonerated such as Guy Paul Morin, David Milgaard, Steven Truscott, Clayton Johnson and Romeo Phillion. Prof. Tim Moore, York University, will make a presentation on false confessions. Moore says he chose this topic for the first Wrongful Conviction Day because, ""False confessions are among the leading causes of wrongful convictions.  Social scientists have shed considerable light on the investigative tactics that put people at risk for confessing falsely.  There are viable alternatives to current practices.  It is time to start using them."At a reception, generously hosted by the Law Society of Upper Canada, another supporter of Wrongful Conviction Day,   Exoneree John Artis, who at the age of 19 was convicted of a triple murder along with his co-accused boxer Rubin Hurricane Carter, will speak. He spent 15 years incarcerated in New Jersey prisons because he refused to lie. John Artis had this to say regarding his wrongful conviction:"Devoid of any evidence or fact, authorities attempted to have me state that Rubin Carter was a murderer, to assist in convicting Rubin and sending him to the electric chair, for the promise that I would be released. In reality, it would have wrongfully convicted two innocent people and sent both of us to our deaths. I refused. Integrity is an innate, immeasurable, uncompromising quality." Exoneree, Ron Dalton who was wrongly convicted of murdering his wife, Brenda in Newfoundland, will speak. He spent nine years incarcerated and thanks to his own efforts and that of Newfoundland  lawyer Jerome Kennedy, was exonerated in 2000.

The Irish  Innocence Project is holding a special event to which the public is nvited which will include family members of the Justice for Harry Gleeson group, who have been working with the Irish Innocence Project to clear the name of Harry Gleeson, believed to have been wrongly executed for the murder of his neighbor Moll McCarthy more than 70 years ago, although the legacy of his hanging impacts the family still. The Harry Gleeson case was featured on Prime Time on July 24, 2014.

The California Innocence Project's event at the California Western School of Law

will start with a meet and with Southern California exonerees followed by a lecture by  From California Innocence Project director Justin Brooks entitled: "Ethical Implications of Post Conviction Cases." At the conclusion of the instruction, Brooks  will lead a round table discussion with the exonerees.

The Faculty of Law at The University of Manitoba is presenting  an address by Kim Pate, a specialist in the area of human right, on the subject of "Convicting women: Easy to do Well nigh impossible to undo." Pate is Ariel Sallows Chair in Human Rights, University of Saskatchewan and Executive Director of the Canadian Association of Elizabeth Fry Societies. The event is being  presented in conjunction with Student Advocates for Justice, and the Feminist Legal Forum.

University of Windsor Law School: Prof. David Tanovich will be delivering a special lecture on the perverse role that "race" can play in wrongful convictions entitled "The Salience of Race".

But the first Wrongful Conviction day is about more than events. It is also about a a buzz that is growing on the Internet through cyberspace. One of my favourite's  is the campaign by Christine Bivens, who believes her daughter has been wrongly convicted is to have over 10,000 people share stories of the wrongly convicted  through social media such as Facebook,  Twitter,  Circles and Pinterest.  Ms. Bivens  is also planning  to send emails to all Ontario Members of the Legislature  asking them to reflect back on wrongful convictions and to look forward to making changes to stop wrongful Convictions before they occur. (Her web page is www.freenyki.org...) Another web-related project  (sponsored by "Justice Not Politics"  also plans to make use of  cyberspace by launching a "thunderclap"on October 2nd at noon in which a minimum 100 people will  follow under their social media accounts and  simultaneously blast out  a Wrongful Conviction Day   message out all at once. This project can be accessed at: https://www.thunderclap.it/projects/16874-wrongful-conviction-day-10-2...

Wrongful Conviction Day is also generating some discussion on the Internet such as my fellow  Blogger Susan Chandler, also known as "The Wobbly Warrier," from her always stimulating Blog of the same name.  In a recent post she observes that there would be no need for Wrongful Conviction Day if you cleaned up corruption. The post is about a former judge sent to prison for taking bribes.

And that's just some of the activity with three  more days to go before the big one. (Without going into details of the newspaper articles and radio shows). Lots more coming. Lots of discussion. Lots of awareness. That's what it's all about.

Harold Levy: Publisher; The Charles Smith Blog.

For background on Wrongful Conviction Day see the following link: http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html

 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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;  

Cameron Todd Willingham; Express-News columnist Rick Casey has some sage advice in this case of an innocent man executed by Texas in the face of post trial reports showing that the fire marshall's got it terribly wrong: recommend a pardon if the fellow inmate's testimony is found to be as false as the arson evidence - and order that federal grant money for criminal justice be used not just for police and prosecutors in Texas, but also to fund scientific expert testimony for attorneys for indigent defendants. (Must Read. HL);

COUNTDOWN: 4 days to Wrongful Conviction Day: (Thursday October 2, 2014); Radio event today (September 28, 2014):   Canadian exonerees Ron Dalton and William Mullins-Johnson (a Charles smith case)  and  Association in Defence of the Wrongly Convicted  (AIDWYC) lawyer James Lockyer will be interviewed on the Roy Green show – a live-on-the-air interview from 4:07 – 4:27 p.m. about Wrongful Conviction Day. Tune into Talk Radio 640! The segment will then be available for listening/downloading in the podcast section at www.roygreenshow.com.

COMMENTARY: "Willingham is dead: Will Perry admit the state is wrong?," by columnist  Rick Casey, published by the Express-News on September 26 2014.

SUB-HEADING: "Cameron Todd Willingham has been executed. Will Gov. Rick Perry recommend a pardon at last?"

GIST:  " Last week, Gov. Rick Perry flew to Lubbock to dedicate a memorial statue of Timothy Cole, a Texas Tech student who was wrongly convicted of raping a fellow student after a badly botched police investigation. Cole died in prison in the 14th year of a 25-year sentence. The highlight of last week's ceremony was when Perry said, “This statue will serve as a reminder that justice must be tempered with wisdom and that we all must stand vigilant against injustice, wherever it may be found.” Perry should keep that imperative in mind as he reconsiders the case of Cameron Todd Willingham.........Perry could help himself in two ways. He could publicly express concern that he may have been wrong and ask the Texas Board of Pardons and Paroles to investigate and recommend a pardon if the fellow inmate's testimony is found to be as false as the arson evidence. And Perry can order that federal grant money for criminal justice be used not just for police and prosecutors in Texas, but also to fund scientific expert testimony for attorneys for indigent defendants. After all, leveling the field between prosecutors and defense attorneys is one way of standing vigilant against injustice."

The entire commentary can be found at:

http://www.mysanantonio.com/opinion/commentary/article/Willingham-is-dead-will-Perry-admit-state-was-5783252.php

Mark your calendar: October 7, 2014.  Death By Fire (2):  Produced by the PBS  renowned investigative  show "Frontline." We are informed in a note that:  "Frontline reinvestigates the case of Cameron Todd Willingham, who was executed for the arson deaths of his three children. Advancing the recent reporting by the Marshall Project in the Washington Post, Death by Fire 2 will include an exclusive on-camera interview with Johnny Webb, a key witness at Willingham’s trial who now disavows his testimony that Willingham confessed to setting the fire that killed his children, alleging that it was the result of a secret deal with the prosecutor."

http://www.pbs.org/wgbh/pages/frontline/inside-frontline/coming-in-october-on-frontline/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FrontlineEditorsNotes+%28FRONTLINE+-+Latest+Stories%29

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Saskatchewan Star-Phoenix story "Wrongful Conviction Day to raise awareness" cites "bad science" as one of the causes - but notes that, "Bad scientific evidence has often been corrected as forensic methods have improved."

STORY: "Wrongful Conviction Day to raise awareness," by reporter Betty Ann Adam, published by the Star-Phoenix on September 27, 2014.

GIST:  "It's a way of people realizing it's an international phenomenon," said lawyer James Lockyer. "It's inevitably going to be that, because each justice system is populated by people who make mistakes." Lockyer, one of the AIDWYK founders and a dedicated advocate for convicted, but innocent people, said he hopes the event will spread to other nations.  Wrongful convictions often share the same kinds of mistakes, AIDWYK has found. Unreliable eye witnesses, tunnel vision by investigators, undisclosed evidence in favour of the accused, bad science and false confessions are frequent themes in the histories of AIDWYK cases outlined on the group's website. Bad scientific evidence has often been corrected as forensic methods have improved."

The entire story can be found at:

http://www.thestarphoenix.com/news/Wrongful+Conviction+raise+awareness/10241628/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.

Brad Cooper; North Carolina; Columnist says whether you believe he is actually innocent or not, no deal would have been necessary if prosecutors had allowed defence expert witnesses to address "the so-called planted computer evidence." News and Observer. (Must Read. HL);

COUNTDOWN: 5 days to Wrongful Conviction Day: (Thursday October 2, 2014);

COMMENTARY: "Saunders: Brad Cooper plea may have been expedient, but it was also troubling," by News and Observer columnist  Barry Saunder, published on September 24, 2014.

PHOTO CAPTION:  "Brad Cooper enters the courtroom as he pleads guilty to second-degree murder for killing his wife Nancy Cooper several years ago in a Wake County courtroom in Raleigh on Sept. 22, 2014. It was a plea bargain after a retrial was ordered recently. He is slated to serve at least 12 years in prison." 

GIST: "Anyone with an intimate or even passing knowledge of how court operates knows that prosecutors can at times seem more like Monty Hall - "Let's Make a Deal" - than high-minded justice-seekers representing society. When that happens, defendants can be arm-twisted into accepting a deal and admitting guilt in exchange for a lighter sentence. I frequently hear from inmates who said they copped a plea to avoid facing an even longer incarceration. Believers in Cooper's innocence assert that that's precisely what happened this time - that he took a deal to admit guilt and skate rather than face another trial and possibly get life. Again. Judging by the scores of Cooper supporters from whom I've heard since the first trial, nothing will convince them that Nancy Cooper's killer is not still out there while good ole Brad who - one writer actually said "wouldn't hurt a fly" - languishes in prison for a few more years. Many pro-Brads contend that Cary police planted incriminating evidence on his computer, although no one has  Others believe the dude got a sweet deal he didn't deserve. Regardless of which side you take,  the fact is that no deal would have been necessary had the prosecutors allowed defense witnesses to address the so-called planted computer evidence."
 

The entire commentary can be found at:

http://www.newsobserver.com/2014/09/24/4179227_saunders-brad-cooper-plea-may.html?sp=/99/102/110/&rh=1

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Albert Baird: Nova Scotia; First-degree murder charge in case of missing woman withdrawn in wake of Supreme Court of Canada "Mr. Big" ruling. CTV TV.

COUNTDOWN: 6 days to Wrongful Conviction Day: (Thursday October 2, 2014); Participant's quote: "One exoneree with whom the Griffith University Innocence Project had the good fortune and great honour to work, was the late Rubin 'Hurricane' Carter. Like so many other exonerees, Rubin exemplified he resilience of human dignity against all odds. As he once said: "The miracle is the beauty of the human spirit...forgiveness and the will to fight for what is right and just." The stories of the exonerees teach us many important lessons, including that those of us involved in the criminal justice system must continually strive to prevent and correct such injustices - and that none of us should take freedom for granted, because it can be taken away." Lynne Weathered Director, Griffith University Innocence Project; Griffith Law School.  Queensland. Australia.

STORY: "Murder charge withdrawn in Nova Scotia case of missing woman in wake of 'Mr. Big' ruling,"  published by CTV News on September 24, 2014.

GIST: "The prosecution service in Nova Scotia withdrew a first-degree murder charge Wednesday in the case of a missing woman because of concerns evidence gained through an undercover police sting may no longer be admissible. Crown attorney Robert Morrison says Albert Baird was released from custody after a hearing in Kentville provincial court. The case was in court for a status update before a preliminary inquiry, which was set to begin early next year. Baird was arrested and charged in May 2013 following the 2002 disappearance of his common-law partner, Rhonda Wilson, a 31-year-old mother of three. Morrison said he withdrew the charge because of a Supreme Court of Canada decision on so-called Mr. Big police sting operations..........Morrison said he had concerns that evidence gained through an undercover operation in the Baird case would no longer be admissible, diminishing the prospect of conviction. "We looked at all the other evidence we had and it just didn't add up to a realistic prospect of conviction," he said in an interview.........In its judgment, the Supreme Court said prosecutors must prove a Mr. Big confession is admissible by showing it's reliable, and that it won't unfairly prejudice a crime suspect during court proceedings. The Crown must also prove the evidence was not obtained via police coercion, or was facilitated due to a suspect's mental health or addiction issues. The Mr. Big investigative technique involves undercover police officers who recruit a suspect to a fictitious criminal organization while posing as gangsters."

The entire story can be found at:

http://www.ctvnews.ca/canada/murder-charge-withdrawn-in-n-s-case-of-missing-woman-in-wake-of-mr-big-ruling-1.2022830

See National Post story on recent Supreme Court of Canada decision upholding a confession obtained through a Mr. Big Sting - because the accused was giving the same account to people who were not police officers.

http://news.nationalpost.com/2014/09/26/supreme-court-upholds-alberta-murder-conviction-saying-mr-big-confession-admissible-as-evidence/

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Mark Lundy: New Zealand; (Convicted of murdering his wife and daughter); Pre-trial hearing under way to consider scientific evidence for retrial. TVNZ.

COUNTDOWN: 7 days to Wrongful Conviction Day: (Thursday October 2, 2014); Update: Recent signed up participants: These include the Irish Innocence Project and  the Canadian National Association's Active in Criminal Justice.  (NAACJ). The NAACJ  consists of 17 member organizations including the John Howard Society, the Elizabeth Fry Society and the Church Council on Justice. Breaking News: Seneca College (Ontario) has just come on Board!

STORY: "Arguments over evidence in Mark Lundy trial put to High Court,"  published by NZTV on September 22, 2014.

GIST: A pre-trial hearing of scientific evidence is underway at the High Court in Wellington ahead of the retrial of double-murder accused Mark Lundy. Lundy is charged with murdering his wife Christine, 37, and daughter Amber, 7, at the family's Palmerston North home in August 2000. Last October the Privy Council at London overturned his convictions for the murders of his wife and daughter and ordered a retrial, which is set to take place in February. All arguments and evidence presented at the pre-trial hearing today has been suppressed in an order by Justice Stephen Cos..........The 56-year-old had spent 12 years behind bars before his convictions were overturned."

The entire story  can be found at:

http://tvnz.co.nz/national-news/arguments-over-evidence-in-mark-lundy-trial-put-high-court-6088199

Wikipedia account: "In November 2012, Lundy applied to Judicial Committee of the Privy Council seeking permission to appeal his murder convictions. The appeal was based on three issues: the time of death, the time of shutdown of Christine's computer, and the presence of brain tissue on Lundy's shirt.^[21] The hearing before the Privy Council (including Chief Justice of New Zealand Dame Sian Elias) began on 17 June 2013. The Privy Council reserved its decision after the three day hearing.^[3] Possible decisions could be to reject the appeal, thus affirming Lundy's convictions and sentence; to overturn the convictions and order a new trial; or to send the case back to the Court of Appeal in New Zealand for determination.^[21] On 4 October 2013, the Privy Council upheld Lundy's appeal against his double murder convictions and quashed them, ordering a retrial. It concluded that Lundy's convictions were "unsafe" in light of new evidence that had been presented. Lundy is set to be retried in the High Court.^"

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

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Henry Keogh: Australia; Forensic pathologist Matthew Lynch says Anna-Jane Cheney likely died accidentally after fainting and hitting her head on the bath she drowned in. Adelaide Now.

ANNA-JANE Cheney likely died accidentally after fainting and hitting her head on the bath she drowned in, an interstate forensic pathology expert has told Henry Keogh’s landmark appeal case.

STORY: "Anna-Jane  Cheney likely died accidentally, forensic expert pathologist Matthew Lynch tells Henry Vincent Keogh appeal," by reporter Jordanna Schreiver published on September 24, 2014 by Adelaide Now.

SUB-HEADING: "Anna-Jane Cheney likely died accidentally after fainting and hitting her head on the bath she drowned in, an interstate forensic pathology expert has told Henry Keogh’s landmark appeal case."

GIST:  "Dr Matthew Lynch, a senior forensic pathologist at the Victorian Institute of Forensic Medicine, today told the Full Court of the Court of Criminal Appeal his review of the evidence suggested Ms Cheney had died accidentally. Dr Lynch said a drop in blood pressure caused by standing up out of hot water could have caused a fainting episode, while an abnormal heart condition had also not been excluded as a cause. When questioned he said it was “more likely” Ms Cheney had slipped and fallen causing her to accidentally drown. “The critical question is when a person becomes submerged, what is the reason they are unable to extract themselves,” he said. “It might be as a consequence of an injury ... or a natural process which renders the person unconscious.” He said Ms Cheney’s heart should have been weighed and recorded to help exclude any possible cause of death, because drowning was a “diagnosis of exclusion”..........
Today, Dr Lynch also told the court he believed the bruises on the back of Ms Cheney’s neck had occurred around the time of her death, disputing evidence from an earlier witness who suggested they were caused by the autopsy itself. Dr Lynch said there was no evidence to suggest bruising reported in an autopsy report of being on the left leg was actually bruising. “I though I saw bruising on the right leg (in a post-mortem photograph) but no sign of bruising on the left leg.”

The entire story can be found at:

http://www.adelaidenow.com.au/news/south-australia/annajane-cheney-likely-died-accidentally-expert-forensic-pathologist-matthew-lynch-tells-henry-vincent-keogh-appeal/story-fni6uo1m-1227069465264

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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; 

Douglas Hales: Saskatchewan; Although he lost a mistrial motion based on The Supreme Court of Canada's recent "Mr. Big" (Nelson Hart case) Douglas Hales is hardly giving up. He wants to be allowed to re-open the defence case and call witnesses. CJME.

COUNTDOWN: 8  days to Wrongful Conviction Day: (Thursday October 2, 2014); 

STORY: "Judge rules against mistrial in Saskatoon (Mr. Big) murder case," by reporter Bryn Levy, published by CJME on September 22, 2014.

GIST: "In what's now known as the Hart ruling, the Supreme Court outlined a new test for Mr. Big evidence. That ruling came down July 31st as Allbright was still working on a verdict. Previously, statements recorded in Mr. Big stings were treated as no different than an admission made to a person on the street.  But, in overturning the conviction of Newfoundland's Nelson Hart, the high court declared the Crown would now be required to prove that any evidence obtained was of sufficient value to outweigh serious misgivings about the prejudicial effect of Mr. Big evidence at trial.   Hrycan argued that a new trial was the only way to fairly apply the new test outlined in the Hart ruling.  He said it would be impossible for Allbright to separate himself from the evidence he'd heard throughout the month-long trial that wrapped up in June.  Hrycan further argued that his cross-examination of the undercover officers involved in the sting and Hales' own testimony would have gone differently in light of the new rules. In delivering his ruling, Allbright flatly rejected Hrycan's argument, saying judges are often called upon to discount evidence as they deliberate and that he'd be comfortable doing so if, after hearing all arguments, he felt that was necessary.  Ultimately, Allbright said he probably would have declared a mistrial if there had been a jury present, but, since it was a judge-alone matter he decided it was better to proceed. He said both sides would have an opportunity to argue the Hart test at a later date.........Allbright set a court date of Oct. 22. At that time, the defence will apply to re-open its case and ask to call witnesses.  Another date will have to be set to do that and Miazga acknowleged that it would be unlikely for any verdict to be reached before the New Year."

The entire story can be found at: 

http://cjme.com/story/defence-calls-mistrial-saskatoon-murder-case/418305

For background on Wrongful Conviction Day see the following link:
http://smithforensic.blogspot.ca/2014/06/wrongful-convictions-day-aidwyc.html
 
Interested participants may sign up by contacting Win Wahrer of The Association in Defence of the Wrongly Convicted at: winwahrer@aidwyc.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/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;