BREAKING NEWS: A missing revolver, which is a vital piece of evidence in the re-trial of Alabama Death Row inmate Anthony Ray Hinton for the 1985 slayings of two fast-food managers, has been found in a Jefferson County storage facility. Test bullets fired from the gun by prosecution experts for the first
trial in 1986, however, have not been found. But a prosecutor said
Thursday the gun has already been sent off for another round of testing. Hinton last year was granted a re-trial in the case after the U.S. Supreme Court found that Hinton's attorney could have hired a better ballistics expert
for his first trial. His appellate attorneys with the Equal Justice
Initiative in Montgomery have argued that testing in 1994 by nationally
recognized gun experts showed the gun was not the one that fired the
fatal bullets. Jefferson
County Circuit Judge Laura Petro has set a hearing for Tuesday to
consider motions by EJI attorneys to dismiss the case. The motions were made prior to the gun being located. ........Hinton's court appointed defense attorney had contended that he tried
to find a better firearms expert but could not find one with the
limited funds he had. But the appeals courts ruled he should have known
that state spending limits for such experts had been lifted prior to
that trial and that he could have hired a better one."
http://www.al.com/news/birmingham/index.ssf/2015/03/missing_gun_found_for_re-trial.html
See related Al.com editorial: "Hinton was convicted of two 1985 murders, and sentenced to die. His case, too, featured a prosecutor who said he could tell a lot from the look on a man's face. That prosecutor said he could see from Hinton's face that he was evil and a cold killer. Unlike Tolbert, that prosecutor did not ask police to investigate whether his face-reading instincts were sound; instead, his prosecution of the case was driven by his delusional bias. The case also featured a investigator who said he could tell by examining crime scenes at which no physical evidence was found, not even fingerprints, that a black man was the killer. He even said he could tell that the guilty black man lived with his mother or his aunt. But it is not this pervasive racism that argues most loudly for Hinton's innocence. He had -- he still has -- an alibi that not only has not been impeached, it has been supported by independent evidence. Hinton was convicted in the murders because they were similar to another robbery in which a surviving victim identified Hinton as the shooter. But in that instance, Hinton had clocked in for a midnight warehouse shift shortly before the robbery, and he was seen by co-workers during the critical timeline. A jury convicted Hinton based on evidence about bullet fragments and a handgun found at the home where Hinton lived (yes, with his mother). Even the judge at trial said that without that firearms evidence, he would consider Hinton's acquittal. In 2014, the United States Supreme Court ruled that an Alabama judge should re-examine that evidence, and whether Hinton's defense attorney had properly represented him in finding an expert to challenge the state's experts. "Anthony Ray Hinton did not receive a fair trial," wrote the court's chief justice. Suffice to say that the quality of "expert" firearms testimony on both sides in Hinton's original trial is dubious.
Since the Supreme Court's ruling, Alabama has dithered, including a disturbing period in which the gun was lost (perhaps even wrongly taken by Hinton's advocates, the state hinted) only to be found in a storage box misplaced by the court. That evidence, and the trial and conviction on which it was based, is so tainted as to be wholly unreliable. It prompts us, and should prompt you, to question who stands for justice here. Almost a decade ago, Judge Greg Shaw, now an Alabama Supreme Court justice, noted that small, important details -- like whether firearms experts are truly experts -- matter far beyond one trial. "This is an extremely important case, not only for Hinton and the families of the victims of these horrendous crimes, but also for the people of Alabama, who must have confidence that the criminal justice system is capable of achieving its ultimate purpose -- the fair conviction and punishment of the guilty and the protection of the innocent." This is not just a reasonable doubt case, although in our land those cases lead to acquittal. This is a case of greater certainty. Anthony Ray Hinton has been in custody 30 years, most of it on death row. By the standard of our courts, he didn't do it. By any reasonably held opinion, he didn't do it. And yet this case drags on, and no one seems to care. Let the man go, Alabama. Let justice once again be served."
http://www.al.com/opinion/index.ssf/2015/03/our_view_the_evil_in_the_antho.html
See former federal prosecutors condemnation of Hinton's prosecutors: "As a former prosecutor, I believe that people guilty of crime, especially violent crime, should be prosecuted and punished. However, I also believe that when there is evidence that someone has been wrongly convicted or is actually innocent, nothing is more important than taking whatever action is necessary to remove all doubt that the right person is being prosecuted. This is important in every case but essential in a death penalty case. I was therefore deeply disturbed to learn about compelling evidence that Anthony Ray Hinton is innocent. Even more unsettling is that when state officials learned about this evidence, they didn't immediately re-examine the case to make sure they had prosecuted the right person. Despite compelling evidence of innocence, state officials did nothing for 15 years and now Mr. Hinton has been on death row for almost three decades. Any system that is indifferent to reliable evidence that points toward innocence of a condemned prisoner soon loses integrity, casts shame upon this state and imperils us all."
http://www.al.com/opinion/index.ssf/2015/03/former_federal_prosecutor_scal.html
Development: See story: Judge sets three week deadline for ballistic tests on retrial;
http://www.al.com/news/birmingham/index.ssf/2015/03/judge_sets_3-week_deadline_for.html
PUBLISHER'S NOTE:
Dear Readers. Due to a 'writing' assignment, I will not be filing fresh posts for several weeks. (With the exception of breaking news;) When I am back in action I will make up for lost time with a vengeance. In the meantime, please keep me up to date with developments and don't hesitate to bring new matters of interest to this Blog to my attention at hlevy15@gmail.com.
Best wishes,
Harold Levy; Publisher; The Charles Smith Blog.
PS: For latest coverage of the Mark Lundy retrial go to: http://www.stuff.co.nz/national/mark-lundy-murder-retrial
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy; Publisher; The Charles Smith Blog;
http://www.al.com/news/birmingham/index.ssf/2015/03/missing_gun_found_for_re-trial.html
See related Al.com editorial: "Hinton was convicted of two 1985 murders, and sentenced to die. His case, too, featured a prosecutor who said he could tell a lot from the look on a man's face. That prosecutor said he could see from Hinton's face that he was evil and a cold killer. Unlike Tolbert, that prosecutor did not ask police to investigate whether his face-reading instincts were sound; instead, his prosecution of the case was driven by his delusional bias. The case also featured a investigator who said he could tell by examining crime scenes at which no physical evidence was found, not even fingerprints, that a black man was the killer. He even said he could tell that the guilty black man lived with his mother or his aunt. But it is not this pervasive racism that argues most loudly for Hinton's innocence. He had -- he still has -- an alibi that not only has not been impeached, it has been supported by independent evidence. Hinton was convicted in the murders because they were similar to another robbery in which a surviving victim identified Hinton as the shooter. But in that instance, Hinton had clocked in for a midnight warehouse shift shortly before the robbery, and he was seen by co-workers during the critical timeline. A jury convicted Hinton based on evidence about bullet fragments and a handgun found at the home where Hinton lived (yes, with his mother). Even the judge at trial said that without that firearms evidence, he would consider Hinton's acquittal. In 2014, the United States Supreme Court ruled that an Alabama judge should re-examine that evidence, and whether Hinton's defense attorney had properly represented him in finding an expert to challenge the state's experts. "Anthony Ray Hinton did not receive a fair trial," wrote the court's chief justice. Suffice to say that the quality of "expert" firearms testimony on both sides in Hinton's original trial is dubious.
Since the Supreme Court's ruling, Alabama has dithered, including a disturbing period in which the gun was lost (perhaps even wrongly taken by Hinton's advocates, the state hinted) only to be found in a storage box misplaced by the court. That evidence, and the trial and conviction on which it was based, is so tainted as to be wholly unreliable. It prompts us, and should prompt you, to question who stands for justice here. Almost a decade ago, Judge Greg Shaw, now an Alabama Supreme Court justice, noted that small, important details -- like whether firearms experts are truly experts -- matter far beyond one trial. "This is an extremely important case, not only for Hinton and the families of the victims of these horrendous crimes, but also for the people of Alabama, who must have confidence that the criminal justice system is capable of achieving its ultimate purpose -- the fair conviction and punishment of the guilty and the protection of the innocent." This is not just a reasonable doubt case, although in our land those cases lead to acquittal. This is a case of greater certainty. Anthony Ray Hinton has been in custody 30 years, most of it on death row. By the standard of our courts, he didn't do it. By any reasonably held opinion, he didn't do it. And yet this case drags on, and no one seems to care. Let the man go, Alabama. Let justice once again be served."
http://www.al.com/opinion/index.ssf/2015/03/our_view_the_evil_in_the_antho.html
See former federal prosecutors condemnation of Hinton's prosecutors: "As a former prosecutor, I believe that people guilty of crime, especially violent crime, should be prosecuted and punished. However, I also believe that when there is evidence that someone has been wrongly convicted or is actually innocent, nothing is more important than taking whatever action is necessary to remove all doubt that the right person is being prosecuted. This is important in every case but essential in a death penalty case. I was therefore deeply disturbed to learn about compelling evidence that Anthony Ray Hinton is innocent. Even more unsettling is that when state officials learned about this evidence, they didn't immediately re-examine the case to make sure they had prosecuted the right person. Despite compelling evidence of innocence, state officials did nothing for 15 years and now Mr. Hinton has been on death row for almost three decades. Any system that is indifferent to reliable evidence that points toward innocence of a condemned prisoner soon loses integrity, casts shame upon this state and imperils us all."
http://www.al.com/opinion/index.ssf/2015/03/former_federal_prosecutor_scal.html
Development: See story: Judge sets three week deadline for ballistic tests on retrial;
http://www.al.com/news/birmingham/index.ssf/2015/03/judge_sets_3-week_deadline_for.html
PUBLISHER'S NOTE:
Dear Readers. Due to a 'writing' assignment, I will not be filing fresh posts for several weeks. (With the exception of breaking news;) When I am back in action I will make up for lost time with a vengeance. In the meantime, please keep me up to date with developments and don't hesitate to bring new matters of interest to this Blog to my attention at hlevy15@gmail.com.
Best wishes,
Harold Levy; Publisher; The Charles Smith Blog.
PS: For latest coverage of the Mark Lundy retrial go to: http://www.stuff.co.nz/national/mark-lundy-murder-retrial
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy; Publisher; The Charles Smith Blog;
