Saturday, September 6, 2014

Jeffrey Havard: Death Row. Mississippi; Important development: He has won the opportunity to prove prosecutors withheld evidence - that pathologist Dr. Steven Hayne made statements, first to The Clarion-Ledger and then to the defense, that he told prosecutors before Havard's 2002 trial he found no evidence of sexual abuse of 6-month-old Chloe Britt. Clarion-Ledger;


STORY: "Death Row inmate: Prosecutors hid evidence of innocence," by reporter Jerry Mitchell, published by the Clarion-Ledger on September 4, 2014.

GIST: "Lawyers for death row inmate Jeffrey Havard will now get a chance to present evidence that their client has spent more than a decade on death row for a crime the state's pathologist doesn't believe took place. "We are eager to prove that the prosecution withheld important evidence that shows Jeffrey's innocence," said his lawyer, Graham Carner of Jackson. "The Supreme Court's Order allows us to demonstrate that the objective, scientific evidence shows there was never a sexual battery in this case." Havard's lawyers are hoping to an evidentiary hearing because pathologist Dr. Steven Hayne made statements, first to The Clarion-Ledger and then to the defense, that he told prosecutors before Havard's 2002 trial he found no evidence of sexual abuse of 6-month-old Chloe Britt. The alleged sexual abuse, the underlying felony, qualified the case for the death penalty."I didn't think there was a sexual assault," Hayne told The Clarion-Ledger. "I didn't see any evidence of sexual assault." But jurors never heard that, and they convicted Havard of capital murder, sentencing him to death. The state has denied hiding anything, maintaining Havard's claims are too late, but Justice Josiah Dennis Coleman concluded the death row inmate deserves to be heard on the matter."
The entire story can be found at:

http://www.clarionledger.com/story/journeytojustice/2014/09/05/death-row-inmate-jeffrey-havard-says-prosecutors-hid-evidence/15112471/

See related Associated Press story: "Mississippi death row inmate Jeffrey Havard can amend a post-conviction petition before the state Supreme Court to include statements from a forensic pathologist who suggests the girl Havard is convicted of killing was not sexually abused. Supreme Court Justice Josiah Dennis Coleman granted Havard's motion to present those arguments to the court. Coleman denied a motion by attorney Graham Carner of Jackson to order a hearing in Adams County Circuit Court. "We are eager to prove that the prosecution withheld important evidence that shows Jeffrey's innocence. The Supreme Court's order allows us to demonstrate that the objective, scientific evidence shows there was never a sexual battery in this case," Carner told The Clarion-Ledge......... Havard was convicted in 2002 of capital murder and sentenced to death in Adams County for killing a 6-month-old Chloe Madison Britt of Ferriday, Louisiana, the daughter of his girlfriend. Prosecutors said the infant's injuries were consistent with shaken baby syndrome, but she also had suffered from sexual abuse."

http://www.sfgate.com/news/crime/article/Havard-again-seeks-to-have-death-sentence-tossed-5736569.php


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;