Saturday, December 20, 2014

Back in action: Catch-up (9): Joseph Payne; Jason Bond; Baltimore; Court orders retrial on 2007 murder convictions because detective who testified on cellphone evidence in the case was not qualified as an expert on such data. Lawyer not involved in case says cellphone tower evidence has become increasingly important in criminal cases.


STORY: "State court orders retrial in '07 Baltimore County killing," by reporter Alison Knezevich, published by the Baltimore Sun.

GIST: "The state's highest court has ordered a retrial for two men convicted in the 2007 killing of a teenager whose burning body was found in a wooded area of Pikesville, saying that the Baltimore County detective who testified on cellphone evidence in the case was not qualified as an expert on such data. Prosecutors told jurors in the trial of Joseph William Payne and Jason Bond that cellphone tower records placed the men near the scene where 17-year-old Glen Stewart's body was found in the woods at Villa Nova and Queen Anne roads in August 2007. Payne and Bond, who were among four defendants in the case, were convicted of charges including first-degree murder and kidnapping.
In a decision issued Thursday, the Maryland Court of Appeals agreed with the men's defense attorneys, finding that the detective should have been qualified as an expert witness on cellphone records before testifying. In court, such a witness must answer questions to show he or she possesses the experience or training to form an expert opinion."........The state had maintained that information provided by the detective did not require an expert witness to explain to the jury.........Cellphone tower evidence has become increasingly important in criminal cases, said Baltimore attorney William R. Buie III, who is not involved in the case but practices criminal law in the Baltimore region. "In the new electronic age, you are where your cellphone says you are," Buie said."

The entire story can be found at:

http://www.baltimoresun.com/news/maryland/baltimore-crime-beat/bs-md-co-convictions-overturned-20141211-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