Wednesday, September 30, 2015

Rajesh and Nupur Talwar: Illuminating interview conducted by NDTV reporter Sunetra Choudhury by exchanging letters and speaking to jail authorities. "NDTV: What are you hoping that this film, or the book that was written before achieves? Talwars: All we think is why doesn't anyone take a stand? What is the reason they are all keeping quiet when it is so clear that a major injustice has been done, that something wrong has been going on. Nobody has the guts to say anything even though character assassination of a child has happened."


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 1 days. For information: http://www.aidwyc.org/wcd-2015/
 
"New Delhi:  Rajesh and Nupur Talwar were convicted of the twin murders of their teen daughter Aarushi and the family's domestic help Hemraj in 2013. They have filed an appeal against that verdict by a court in Uttar Pradesh, but hearings have yet to begin. The Talwars have always maintained they are innocent; the investigation against them, first by the police in Noida, where they lived, and then the CBI, was replete with lapses and holes, according to many legal experts. NDTV's Sunetra Choudhury interviewed the Talwars, dentists by profession, by exchanging letters and speaking to jail authorities."

NDTV: Do you know that a film has been made on your case? Do you think it will affect your case?

Talwars: We saw trailers of the film in jail and also read press reports about it. From what we can make out, they have tried to present both sides of the case. What they haven't focussed on is the malafide of the CBI.

NDTV: What are you hoping that this film, or the book that was written before achieves?

Talwars: All we think is why doesn't anyone take a stand? What is the reason they are all keeping quiet when it is so clear that a major injustice has been done, that something wrong has been going on. Nobody has the guts to say anything even though character assassination of a child has happened.
 

Aarushi was found with her throat slit and head injuries in her bed just days before she turned 14.
NDTV: Is that what worries you the most?

Talwars: That is the only concern for both of us. This time in jail, we can deal with it, we see patients, it passes by and we are managing. What we can't deal with are the lies about our child. Everything (the case) is based upon insinuation by the CBI.

NDTV: Has the CBI been in touch with you since your conviction?

Talwars: No.
Read the rest of this compelling interview at:

http://www.ndtv.com/india-news/ndtv-exclusive-tough-to-believe-in-god-say-aarushi-talwars-parents-1224715

Bulletin: (Editorial); Richard Glossip: Oklahoma; Extraordinary development; From despair to a measure of relief. (Until Nov. 6, anyway. HL); KFOR reports that Oklahoma Governor Mary Fallin has issued a stay of execution following an alleged drug mix-up "just minutes away from death." New York Times: “Last minute questions were raised today about Oklahoma’s execution protocol and the chemicals used for lethal injection,” Ms. Fallin said. “After consulting with the attorney general and the Department of Corrections, I have issued a 37-day stay of execution while the state addresses those questions and ensures it is complying fully with the protocols approved by federal courts.” A new execution date was set for Nov. 6."


PUBLISHER'S VIEW (Editorial): "How indecent, cruel and brutal that a human being - let alone one like Richard Glossip  who is seeking the opportunity to produce evidence which will prove he is innocent - should be put  through the fear and horror of imminent death by the state through a drug suspected of causing unbearable pain- almost looking into death's eyes - after all legal recourse has been denied, only to be pulled away, and told he will face his executioner once again in 37 days.  Cruel. Inhumane. Obscene. Like the death penalty.

Harold Levy; Publisher; The Charles Smith Blog;

"An Oklahoma inmate was just minutes away from death when Gov. Mary Fallin stepped in to bring his execution to a halt. Richard Glossip was scheduled to be put to death at 3 p.m. on Wednesday for the murder of Barry Van Treese. Glossip was convicted of Van Treese’s murder, though Glossip was not the one who took his life. The man who bludgeoned Van Treese to death, Justin Sneed, testified that Glossip hired him for the murder.........The case was surrounded by controversy for an alleged lack of evidence for being based on the word of an admitted murderer."
 http://kfor.com/2015/09/30/gov-mary-fallin-issues-stay-of-execution-for-richard-glossip/

More particulars: New York Times: "Mr. Glossip, 52, was one of three condemned inmates who argued that Oklahoma’s three-drug combination risked causing unconstitutional pain and suffering, after one of the drugs — midazolam, a short-acting sedative — had a role in three apparently painful executions last year. In June, the Supreme Court upheld the state’s drug protocol and ruled against the inmates. Midazolam was one of the three drugs that was set to be injected into Mr. Glossip Wednesday afternoon at a state prison in McAlester. But more than an hour after the scheduled execution time, Gov. Mary Fallin of Oklahoma intervened, issuing a stay to address questions about the state’s execution protocols. Ms. Fallin said the stay will allow the Department of Corrections and its lawyers to determine whether potassium acetate — one of the three drugs the state planned on using — complied with the state’s court-approved protocols. “Last minute questions were raised today about Oklahoma’s execution protocol and the chemicals used for lethal injection,” Ms. Fallin said. “After consulting with the attorney general and the Department of Corrections, I have issued a 37-day stay of execution while the state addresses those questions and ensures it is complying fully with the protocols approved by federal courts.” A new execution date was set for Nov. 6.
http://www.nytimes.com/2015/10/01/us/oklahoma-execution-richard-glossip.html

Bulletin: Innocence Project sends out a powerful message: "Stand up for innocence on Wrongful Conviction Day." (Friday 2 October, 2015);

"Wrongful Conviction Day, which was first celebrated last year, will take place again on Friday, October 2nd.  To mark the occasion, we are urging our supporters to help spread the word through their social media channels in hopes of making this an annual day to recognize and remember the many men and women who have been wrongly convicted.

 

Help us make a lasting impact on October 2nd by posting a photo that represents you standing up for innocence – take a selfie wearing an Innocence Project T-shirt, take a photo that represents what it means to lose your freedom for something you didn’t do, create a graphic about wrongful convictions using data from our website or share the story of one of the 330 DNA exonerees. Then post it to Twitter, Facebook and Instagram using the hashtags #WrongfulConvictionDay and #StandUp4INNOCENCE.  Be creative to help bring awareness to this important cause, and please urge your friends to learn more about the Innocence Project and our work to free to the innocent."
https://mail.google.com/mail/u/0/?tab=wm#inbox/1501fc2fb69b7a74

Bulletin: Richard Glossip; Oklahoma; (Dreadful news. HL); The Supreme Court has refused to stay the execution. "The U.S. Supreme Court refused Wednesday to stop the execution of Richard Glossip, whose case drew a call for mercy from Pope Francis. The justices weighed in just minutes before Glossip was scheduled to be put to death for the 1997 murder of his boss, Barry Van Treese." NBC News.


"The U.S. Supreme Court refused Wednesday to stop the execution of Richard Glossip, whose case drew a call for mercy from Pope Francis. The justices weighed in just minutes before Glossip was scheduled to be put to death for the 1997 murder of his boss, Barry Van Treese. Glossip, whose supporters include "Dead Man Walking" nun Helen Prejean and actress Susan Sarandon, insists he did not orchestrate the brutal killing. In a letter to Oklahoma Gov. Mary Fallin dated Sept. 21, the pope's representative asked her to commute Glossip's death sentence, saying that would "give clearer witness to the value and dignity of every person's life." A spokeswoman for Fallin said she does not have the authority to commute the sentence...Glossip's execution has been stayed three times before, including last winter when the Supreme Court agreed to hear his challenge to Oklahoma's lethal-injection drugs. The justices eventually upheld the state's protocol. Just two weeks ago, Glossip was hours away from being escorted to the execution chamber when a state appeals court halted the process so it could consider his claim that new evidence shows he is innocent. Glossip's conviction hinged largely on the testimony of the man who actually carried out the 1997 bludgeoning murder of his boss. That man, Justin Sneed, is serving a life sentence. The defense says it has witnesses who back up their claim that Sneed acted alone, and that the state has tried to intimidate those witnesses by hitting them with probation violations."
http://www.nbcnews.com/storyline/lethal-injection/pope-francis-tries-stop-richard-glossips-oklahoma-execution-n436166

Bulletin: Joseph Patterson: South Dakota; Convicted in death of Vikings' star Adrian Peterson's son. "Patterson's defense maintained during the trial that Tyrese choked on a fruit snack. A doctor who testified for the defense said autopsy photos indicated injuries consistent with a child being given CPR after choking. The newspaper reported the verdict was met with outrage from Patterson's family and supporters, while Ruffin's mother and her family hugged and cried." Associated Press; The Chicago Tribune.


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 2 days. For information: http://www.aidwyc.org/wcd-2015/

Bulletin: Richard Glossip: Oklahoma; Richard Glossip's final plea to the Supreme Court to stop his execution. "The first petition goes to Justice Sonia Sotomayor, who handles emergency requests coming from Oklahoma and may act on it herself or refer it to the full court for consideration. If she goes the latter route, at least five justices would need to agree on a stay of execution in order to allow more time to review Glossip's claims of innocence. The second petition, which actually addresses those claims, would need only four justices to vote for Supreme Court review."..."The justices aren't entirely unfamiliar with Glossip. He was the lead plaintiff in an explosive case the court decided on the final day of its last term in June. In that 5-4 ruling, the conservative wing of the court held that a drug used in Oklahoma's lethal-injection cocktail did not violate the Eighth Amendment's prohibition on cruel and unusual punishment. The case was also notable for a dissenting opinion from Justice Stephen Breyer, who all but invited a constitutional challenge to the death penalty itself. The Supreme Court is expected to act on the first petition sometime before Glossip's scheduled execution at 3 p.m. on Wednesday." The Huffington Post.


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 2 days. For information: http://www.aidwyc.org/wcd-2015/

"Richard Glossip, the Oklahoma man whose execution was temporarily put on hold earlier this month but who is now set to die on Wednesday, made one final plea to the U.S. Supreme Court on Tuesday evening. In a pair of petitions, Glossip asks the court to halt his execution and to consider the merits of his appeal. In a divided ruling on Monday, the Oklahoma Court of Criminal Appeals had declined to give him a reprieve to prove his claims of innocence. The first petition goes to Justice Sonia Sotomayor, who handles emergency requests coming from Oklahoma and may act on it herself or refer it to the full court for consideration. If she goes the latter route, at least five justices would need to agree on a stay of execution in order to allow more time to review Glossip's claims of innocence. The second petition, which actually addresses those claims, would need only four justices to vote for Supreme Court review. In the petition to Sotomayor, Glossip's lawyers warn their client "will suffer the most irreparable injury known to the law" if no relief is granted -- a reference to his impending death and a riff on the legal standard that courts observe when weighing other kinds of 11th-hour requests. If Sotomayor or the justices agree to spare Glossip temporarily, the court may still at a later time deny his second petition, which sets out the legal reasons why his conviction should be thrown out altogether. He argues that Oklahoma's "entire case" against him rests on the testimony of one man whose credibility is now in question. Specifically, Glossip's lawyers are asking the Supreme Court to overturn Monday's ruling by the Oklahoma appeals court, which in a 3-2 vote rejected both Glossip's request for a further execution delay and his claims that he has "new evidence" that needs to be fleshed out at a new hearing. Dissenting from his colleagues, presiding Judge Clancy Smith disputed the majority's emphasis on protecting the "finality of judgment" and said that Oklahoma "has no interest in executing an actually innocent man." The other dissenter, Judge Arlene Johnson, called Glossip's trial "deeply flawed." In their Supreme Court petition, Glossip's lawyers rely heavily on the dissenting judges' language and reasoning. They offer various theories under the Eighth and 14th Amendments as to why the case is worth reviewing.........The justices aren't entirely unfamiliar with Glossip. He was the lead plaintiff in an explosive case the court decided on the final day of its last term in June. In that 5-4 ruling, the conservative wing of the court held that a drug used in Oklahoma's lethal-injection cocktail did not violate the Eighth Amendment's prohibition on cruel and unusual punishment. The case was also notable for a dissenting opinion from Justice Stephen Breyer, who all but invited a constitutional challenge to the death penalty itself.  The Supreme Court is expected to act on the first petition sometime before Glossip's scheduled execution at 3 p.m. on Wednesday."
http://news24us.info/article/449629/richard-glossip-makes-final-plea-to-supreme-court-to-halt-his-execution

Bulletin: The Phillipines; U.S. Marines Joseph Scott Pemburten; 'Manila Bulletin' calls it a "Transgender murder case muddled with more questions," and lists some of them: Who owns the necklace? Who took the money? Third party? It's all theory: (Assertion by prosecutors); Did he leave Laude alive? Drunken statement? Why P200-M?


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 2 days. For information: http://www.aidwyc.org/wcd-2015/

"As the arduous trial of accused murderer US Marine Lance Corporal Joseph Scott Pemberton nears its end, the summations made before the court by the prosecution and defense were so far apart that many observers are puzzled at how the judge will rule the killing of transgender Jeffrey “Jennifer” Laude. Last September 17, the two legal camps gave their summations and submitted their memorandums to Judge Roline Ginez Jabalde of the Olongapo City Regional Trial Court (RTC) Branch 74. Yet after the legal teams left the court, both camps raised more questions before media.  Here is a taste:Who owns the necklace? In Pemberton’s defense, Atty. Benjamin Tolosa Jr. begged the question: “Who owns the necklace?” Citing the US Naval Criminal Investigative Service (NCIS) investigation report, Tolosa told the court that agents found a necklace that was being clutched by Laude when he was found dead with his head on the toilet bowl of the room in Celzone Lodge. Tolosa said the necklace was neither owned by Pemberton or Laude, suggesting that there was another person who saw Laude before authorities came and investigated the crime scene. Tolosa said that the records of the case are replete with evidence that “a third party” killed Laude. The lawyer also said that the police “only targeted our client and did not investigate other people.”  "Who took the money?" Another part of the summation of the defense is the claim that Laude was missing P20,000 in cash. It was learned during the earlier investigation that Laude had P20,000 in cash with him when he entered the motel room with Pemberton. After authorities checked the belongings of the victim, they did not find that amount of money. “Had they (police) investigated other people, it would be clear from the very start that our client did not kill Laude, that another person killed Laude,” Tolosa said. "Third party?" Another revelation made by the defense panel is the presence of DNA of another person found in Laude’s neck. The NCIS’ report stated that investigators found DNA on the victim’s neck that did not match that of Pemberton’s. Pemberton’s other legal counsel, Atty. Rowena Flores, said: “It is the only logical conclusion we said during summation that Pemberton should be acquitted. Dapat they proved it when they presented evidence.” “They failed to look into it. Hopefully he will be acquitted,” Flores added. (Go to the link for the remaining questions cited by the Manila Bulletin. HL);

Tuesday, September 29, 2015

Bulletin: Richard Glossip: Oklahoma; City Sentinel's in depth story on the appeal to the Supreme Court: Links to the petition for a Writ of Certiorari, the two Oklahama Court of Criminal Appeals dissents, a transcribed interview with Justin Sneed, Sneed's competency evaluation, detailed elements from Sneed's 8 stories, and 'when 8 is enough'. ... "Donald Knight, one of Glossip’s lawyers, observed in today’s press release: “This case splintered the Court of Criminal Appeals — a 3-2 vote. Two Judges believed a further stay of execution and a hearing on innocence was required on the facts. We should all be deeply concerned about an execution under such circumstances...” (Must, Must Read. HL);

"Richard Glossip is innocent and his execution would be the result of a wrongful conviction, according to a petition for a writ of certiorari filed by Mr. Glossip’s attorneys today with the United States Supreme Court. Information on the appeal was circulated to news organizations worldwide the afternoon of Tuesday (September 29). The petition comes a day after a splintered Oklahoma Court of Criminal Appeals denied, in a close 3-2 vote, Mr. Glossip’s request for an evidentiary hearing and a stay of execution. Mr. Glossip is scheduled for execution in Oklahoma at 3 p.m. on Wednesday, September 30. Arguing that the execution of Mr. Glossip would be unconstitutional because of the weakness of the evidence against him, the petition states: “’The State’s entire case’ against Mr. Glossip turned upon the testimony of Justin Sneed.Newly discovered evidence completely undermines Sneed’s credibility. Mr. Glossip claimed below that his execution based solely on Sneed’s bargained for, and now provably unreliable, testimony would violate the Eighth and Fourteenth Amendments."...Additionally, new evidence implicates the interrogation of Justin Sneed. Dr. Richard Leo, Ph.D., J.D., is the national, leading expert on police-induced false confessions and erroneous convictions. After reviewing Mr. Glossip’s case, based on decades of social science research, he concluded that law enforcement in this case used the “personal and situational factors associated with, and believed to cause, false confessions.” See Dr. Richard Leo report, App. B... Donald Knight, one of Glossip’s lawyers, observed in today’s press release: “This case splintered the Court of Criminal Appeals — a 3-2 vote. Two Judges believed a further stay of execution and a hearing on innocence was required on the facts. We should all be deeply concerned about an execution under such circumstances..." Knight’s team of lawyers seeking to present Glossip’s execution includes Kathleen Lord and Mark Olive."
http://city-sentinel.com/2015/09/richard-glossip-lawyers-submit-appeal-to-u-s-supreme-court/

Bulletin: Richard Glossip; Oklahoma; Commentator Shaun King gives three compelling reasons why the idea that a possibly innocent person could be executed tomorrow is "deeply disturbing' - as he indicts, "The extremely shady push behind Oklahoma's imminent execution of Richard Glossip." The Daily Kos. (Must, Must Read. HL);

"I can't tell you for sure if Richard Glossip paid for his boss to be killed in 1997. What we do know is that he didn't physically kill his boss, several witnesses have said for years that the man who did it concocted Glossip's role in planning the murder, and prosecutors have now been caught doing some pretty damn shady shit surrounding the case. As of this writing, Richard Glossip is now just about a day away from his scheduled execution at 3 PM on Wednesday, Sept. 30. I am fundamentally against the death penalty, but three other factors surrounding this scheduled execution are deeply concerning. 1. Two men who don't know Richard Glossip but were in prison with the man prosecutors claim he hired to kill his boss have signed repeated affidavits stating they heard the killer, Justin Sneed, state that he set Glossip up so that he could avoid the death penalty in the case. 2. The Oklahoma County District Attorney's office has been caught clearly intimidating these two witnesses over the past week. ... 3. The prosecutor claims that the eyewitnesses who are stating that they heard Justin Sneed say he framed Richard Glossip are unreliable because they've committed crimes, taken drugs, and lied before. What's preposterous about this is that the primary witness against Richard Glossip, Justin Sneed himself, had also committed many crimes, taken drugs, and lied before. The idea that a potentially innocent man could be executed tomorrow is deeply disturbing and is the primary reason why we should abolish the death penalty altogether. It leaves no room for error and cannot be corrected."
http://www.dailykos.com/story/2015/09/29/1425940/-The-extremely-shady-push-behind-Oklahoma-s-scheduled-Wednesday-execution-of-Richard-Glossip

Bulletin: Richard Glossip: Oklahoma; Willie Manning site looks at the Glossip case and sets out every innocent death row inmate's nightmare: "It is shocking that Glossip might die on Wednesday simply because his attorneys’ investigations require longer than the allocated time to uncover evidence that could quite possibly, as in Willie’s cases, prove exculpatory."

"Richard Glossip is scheduled to be executed in Oklahoma on Wednesday (September 16, 2015). One of his current attorneys, Don Knight, has described his trial in marketing terms: “Basically, you’ve got prosecution trying to sell their product [Glossip’s responsibility for a murder] to the jury.” Knight argues that without an effective counter-narrative from the defense, the jury ‘bought’ the prosecution’s product. As Barry Scheck writes in the Huffington Post, “We … don’t know for sure whether Richard Glossip is innocent or guilty. That is precisely the problem. If we keep executing defendants in cases like this, where the evidence of guilt is tenuous and untrustworthy, we will keep killing innocent people.” In both Willie Manning’s cases evidence of guilt was also tenuous and untrustworthy. In his 1992 case it was probably last-minute revelations from the FBI (about false hair and ballistics testimony) that brought about the court’s stay of his execution. In his unrelated 1993 case it was a court’s acceptance that the prosecution had withheld evidence that resulted in the charges against him being dropped. If the exculpatory evidence had not been revealed in time, in either of his cases, Willie would by now be dead, executed in error. It is shocking that Glossip might die on Wednesday simply because his attorneys’ investigations require longer than the allocated time to uncover evidence that could quite possibly, as in Willie’s cases, prove exculpatory."
http://justice4willie.com/2015/09/14/willie-manning-death-row-mississippi-like-richard-glossip-evidence-tenuous-and-untrustworthy/

Bulletin: Richard Glossip: Oklahoma; Liliana Segura asks "Why is Oklahoma so eager to kill Richard Glossip tomorrow?, in the "Intercept."..."Pointing out the numerous inconsistencies between Sneed’s new account and his previous statements, Knight used the state’s own words to argue that its star witness against Glossip was himself inherently suspect. “Sneed continues to lie and demonstrate his inability to keep his many lying stories straight,” Knight wrote. “Oklahoma must not execute Mr. Glossip based solely upon the words of this admitted liar, drug abuser, and thief. Moments later, the Oklahoma Court of Criminal Appeals released a ruling denying a new hearing for Glossip. His “new” evidence, the justices wrote, “merely expands on theories” raised in previous appeals. “Glossip merely wants more time so he can develop evidence similar” to what he has raised before. The court was sharply divided, 3-2, with two judges, in separate dissents, noting that Glossip’s trial was “deeply flawed,” and that “the state no has no interest in executing an actually innocent man.”


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 3 days. For information: http://www.aidwyc.org/wcd-2015/

Development: KOCO reports that  Richard Glossip are preparing  a last minute appeal to the U.S. Supreme Court.
http://www.koco.com/news/Glossip-s-attorneys-plan-to-appeal-to-US-Supreme-Court/35540352

 "Richard Glossip is the death-row prisoner Oklahoma has been trying to kill all year, a man who insists he is innocent. A January execution date was halted by the U.S. Supreme Court in order to consider Glossip’s challenge of the state’s lethal injection protocol. (He lost.) Earlier this month, Glossip came within hours of the gurney, only to receive a two-week stay from the Court of Criminal Appeals so that it could consider new evidence. A critical piece of that evidence was provided by Michael Scott......... Scott, who left prison in 2010, had never really considered that his experience behind bars could save a man’s life. But in August he saw an episode of Dr. Phil featuring Susan Sarandon and Sister Helen Prejean, who have waged a campaign to stop Glossip’s execution. “I realized just how important this information was,” Scott later explained. He contacted Glossip’s attorneys, who interviewed him, put what he said in an affidavit, and requested a stay of execution based in part on his recollections. At the last minute, on September 16, the Oklahoma Court of Criminal Appeals complied. Many celebrated the temporary stay — more than 240,000 people have signed a petition to block Glossip’s execution. But for Scott it became a nightmare. Newspapers questioned his credibility and probed his criminal record, publishing his mug shot and details of his drug use. Oklahoma County District Attorney David Prater demanded to speak to Scott, even contacting his mother, while dismissing the new evidence as part of a “bullshit PR campaign” by anti-death penalty activists. Scott repeatedly refused to speak to Prater. He was not a state’s witnesses or on trial himself. Nor did Scott owe Prater anything in his failure to abide by the terms of his suspended sentence; Scott’s arrest took place in Rogers County, two hours from Oklahoma City. Yet as Scott sat at the police station last Tuesday, it was Prater who entered the interrogation room. As Scott later described it, Prater made it clear that he had orchestrated his arrest. Now he would be forced to talk to him. Scott’s account is contained in a filing by Glossip’s attorneys, who accused Prater of blatant witness intimidation. Scott told them that he was interrogated about his affidavit and that the questions “seemed designed to confuse or trick” him into contradicting himself. Scott said he did not wish to speak to Prater and the investigator who accompanied him — a man by the name of Eastbrook — without a lawyer, but he also did not feel free to refuse their questions. In fact, having heard reports about people dying in police custody, Scott said, he feared he even might be harmed. According to Scott, Prater and the investigator “even asked him questions about prescription medication that his mother is taking,” which Scott says they could only know about had they conducted a search of their house. It wasn’t just Scott who was apparently targeted: A second man who came forward with similar information on the eve of Glossip’s last scheduled execution, Joseph Tapley, also found himself vulnerable to arrest when the Oklahoma County district attorney’s office moved to revoke his suspended sentence for a DUI, the same day his affidavit was filed, according to FOX 25 in Oklahoma City. Although it is unclear whether Tapley met with Prater, that deal has since been restored......... It was only recently that David Prater enjoyed a reputation as a principled prosecutor. In 2009, he dropped charges against two men who had been sent to death row on the word of an unreliable witness, calling it his ethical duty. In 2012 Prater took the rare step of firing two of his own attorneys for withholding evidence in a first-degree murder trial, saying it was an “easy decision” due to the “gravity of their alleged ethical violation.” The next year he successfully prosecuted a veteran white police officer for shooting an unarmed black 18-year-old man in the back. Such ethical conduct makes Prater’s approach to the Glossip case disturbing to many observers. While one local defense attorney defended Prater’s alleged pursuit of Scott as being “due diligence” in tracking down witnesses, others say the actions, if true, were clearly out of line. A practicing defense attorney with decades of experience in Oklahoma — who once attended fundraisers for Prater, and who asked not to be identified because he still tries cases against him — said that at the very least Prater’s rhetoric in the case has been “improper.” While the attorney did not know enough about Scott’s arrest last week to comment on it, he said that the description harkened back to the kind of vindictive tactics of Prater’s legendary predecessor and former boss, “Cowboy Bob” Macy..........On Monday, with his client’s execution two days away, Knight released a response to an exclusive interview recently given by Justin Sneed to The Frontier, an Oklahoma-based website. In the roughly 25-minute conversation, Sneed contradicts previous versions of his story and introduces new details that were never before mentioned to police or on the stand at either trial. For example, Sneed denies knowing what would motivate Glossip to want Van Treese dead; yet he has previously given numerous motives over the years, among them Glossip’s supposed fear that he would be fired from his job, and his ostensible desire to take over the Best Budget Inn. Pointing out the numerous inconsistencies between Sneed’s new account and his previous statements, Knight used the state’s own words to argue that its star witness against Glossip was himself inherently suspect. “Sneed continues to lie and demonstrate his inability to keep his many lying stories straight,” Knight wrote. “Oklahoma must not execute Mr. Glossip based solely upon the words of this admitted liar, drug abuser, and thief. Moments later, the Oklahoma Court of Criminal Appeals released a ruling denying a new hearing for Glossip. His “new” evidence, the justices wrote, “merely expands on theories” raised in previous appeals. “Glossip merely wants more time so he can develop evidence similar” to what he has raised before. The court was sharply divided, 3-2, with two judges, in separate dissents, noting that Glossip’s trial was “deeply flawed,” and that “the state no has no interest in executing an actually innocent man. Glossip’s execution is now set to proceed as scheduled on Wednesday, September 30, at 3 p.m.""
https://theintercept.com/2015/09/29/glossip-to-die-tomorrow/

Bulletin: Rajesh and Nuhur Talwar: India: Emirates 24/7 sets out "Why Avirook Sen believes Aarushi's parents didn't kill her; The book 'Aarushi' meticulously looks at all the evidence presented in court, and discovers there isn't adequate proof to prosecute the Talwar’s for the 2008 double murder."


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 3 days. For information: http://www.aidwyc.org/wcd-2015/

 "The investigation, stretched over the next few years, and the CBI filed a closure report stating only circumstantial evidence pointed to the Talwars. The parents objected, and insisted the killers be found. The case was reopened, and in 2013, the Talwars were convicted by a lower court in Ghaziabad. Pending appeal in a higher court, the Talwars are now in Dasna jail and have set up a temporary dental clinic to help inmates. Journalist Avirook Sen, who was extensively reporting on the case, has now released a book titled 'Aarushi' exploring why there weren’t adequate evidences to show the parents are guilty. The book divided into three parts – investigation, trial and Dasna diaries, explores how the media and the public were quick to blame the parents. We look at seven points Avirook has raised in his book. The judgment was written even before the final argument had begun; When Avirook interviews the judge and his son, they admitted to working really hard on the judgment and looking at “good English words”. The lack of an English typist in Ghaziabad courts meant the son had to go there, and help out in the typing. We had to start work a month ahead, because we wanted it to read right, the son casually admits to Avirook; No evidence suggesting Hemraj was in Aarushi’s room; The CBI’s theory that the Talwar’s allegedly killed their daughter and Hemraj revolves around how the two were caught in an objectionable position in her room. And, the father, in a fit of rage, killed them both, and then dragged Hemraj’s body (along with Nupur) up a flight of stairs to the terrace. However, there has been no trace of Hemraj’s DNA, blood stain or hair in Aarushi’s room. Even the pillow cover, with traces of Hemraj’s blood, was discovered in his room, and not Aarushi’s, a detail that was revealed when the actual item was displayed in the court; CBI using a macabre e-mail for official communication with the Talwars: Avirook talks about how the investigating officer used a macabre e-mail-id ‘hemraj.jalvayuvihar@gmail.com’ (the name of the domestic help) for official communication with the Talwars, when they usually use official ids that end with ‘@cbi.gov.in’. In an interview, a top official reluctantly accepts it was done; The suggested murder weapon – a dental scalpel was never traced; According to the judgment, the murder was committed using a scalpel, similar to what was used in a dental clinic. However, the suggested murder weapon was never discovered, and the CBI never asked for a sample scalpel to check if the injuries caused on the bodies could be made using it; The second suggested murder weapon was changed in the final verdict; According to the court, and the CBI, the Talwars also used one of the two gold clubs that was lying around in Hemraj’s room. No traces of DNA/blood were found on either, and the agency claimed the parents had cleaned them well. But, during investigation, the CBI said it was another club, which was found in the attic with no evidence of being cleaned; The door was locked from the outside, suggesting the entry of a third person; The housemaid (Bharati Mandal), who was the first one to enter the murder scene, claimed it was Nupur and not Hemraj (as was the norm) who opened the front door. She was, however, unable to open the second door and told her that she would drop the key from the balcony. In court, she altered it, and said when she had tried to push the door, it did open, quashing the theory they were locked in by a third person. When Avirook later interviewed her, she confessed to never having touched the door because “servants have to wait to be let in”. She also admitted to being coached; Complete disregard for scientific evidence; The CBI investigation did not rely on scientific evidence. Several pieces of evidences (pillow cover, gold club, medical tests) were compromised. Investigations were based entirely on theories about the parent’s lack of grief (and tears), their corrupt social life or how they cleaned up the crime scene. Even Aarushi’s personal e-mails and mobile text messages were scrutinized to suggest she had a deep interest in boys/men. Avirook’s book explores many more key points of the case, and why he believes it is a miscarriage of justice.

Monday, September 28, 2015

Bulletin: Richard Glossip: Too much doubt! Professor Erwin Chemerinsky says in the Huffington Post that there is "too much doubt" in Richard Glossip's case and that, "No one should be executed when there is serious doubt about the person's guilt."


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 4 days. For information: http://www.aidwyc.org/wcd-2015/

"The federal district court considered Davis' claims, and ultimately found that Troy Davis could not prove a "truly persuasive determination of actual innocence," despite the emergence of new evidence that created significant doubts about his conviction. The Supreme Court did not intervene again, and Georgia executed him on September 21, 2011. The problem is that the Supreme Court has imposed too difficult a standard. Even if Troy Davis did not show a persuasive case of actual innocence, it undeniably represented a case of too much doubt. That should be enough to stop an execution.........The Supreme Court may have a chance to decide this important question very soon. Oklahoma has set a September 30 execution date for Richard Glossip. Like Troy Davis', Richard Glossip's is a case of too much doubt. A jury convicted Glossip of orchestrating the killing of Barry Van Treese, the owner of a motel where Glossip worked. The case against him is thin. Justin Sneed, another motel employee, confessed to the murder, and only implicated Glossip after the police pressured him to do so. Police also promised to not pursue a death sentence against Sneed if he testified against Glossip at trial. No physical evidence connects Glossip to the crime. At least one new witness has come forward to corroborate the allegation that Sneed acted alone. The federal courts should take the death penalty off the table when there is significant doubt about the integrity of a conviction. Allowing an execution to proceed under these conditions is sure to result in the death of some innocent defendants. This is a risk that must be avoided."
Erwin Chemerinsky is the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California, Irvine School of Law, with a joint appointment in Political Science.



Bulletin: Richard Glossip; Oklahoma; Significant development: Oklahoma Court of Criminal Appeals denies his execution challenges. "Two judges out of the five dissented in the decision, with Judge Carlene Smith saying she would have sent the case back to Oklahoma County for a hearing and issued a 60-day stay of execution because previous attorneys may have been unable to discover the new evidence. The other, Judge Arlene Johnson, called Glossip's case "deeply flawed" and said he did not receive a fair trial." "Tulsa World."


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 4 days. For information: http://www.aidwyc.org/wcd-2015/

"The Oklahoma Court of Criminal Appeals on Monday denied Richard Glossip's challenges to his execution, about 48 hours before he is scheduled to die by lethal injection. Glossip, 52, was sentenced to death after a jury convicted him of murder for remuneration in the January 1997 beating death of his boss, Barry Van Treese, who owned the Best Budget Inn in Oklahoma City. Glossip was the resident manager, while Justin Sneed, who confessed to beating Van Treese with a baseball bat inside one of the motel rooms, lived at the property in exchange for maintenance work. Prosecutors alleged throughout trial that Sneed was dependent on Glossip and that Glossip offered him thousands of dollars to carry out the killing because Glossip feared being terminated, as Van Treese discovered about $6,000 was missing from the books. In the majority ruling by Judge David Lewis on Monday, the Court of Criminal Appeals wrote that Glossip "merely wants more time so he can develop evidence" similar to that his attorneys submitted in advance of his previously set Sept. 16 execution date. "We find, therefore, an evidentiary hearing, discovery or further stay of execution is not warranted in this case," the majority opinion states. Two judges out of the five dissented in the decision, with Judge Carlene Smith saying she would have sent the case back to Oklahoma County for a hearing and issued a 60-day stay of execution because previous attorneys may have been unable to discover the new evidence. The other, Judge Arlene Johnson, called Glossip's case "deeply flawed" and said he did not receive a fair trial. Glossip's legal team also challenged the two-week stay of execution granted by the court Sept. 16, saying state law dictates a new date must be 30 or 60 days after a stay is dissolved. The court denied the request to change the Wednesday execution date, saying the the court issued Glossip a temporary stay and dissolved it in the same order by selecting a new date. Smith and Johnson also dissented in that ruling. "Nothing in the statute prohibits this court from rescheduling the execution date at any time it deems necessary and prudent," the majority decision states."
 http://www.tulsaworld.com/news/state/oklahoma-court-of-criminal-appeals-denies-richard-glossip-s-execution/article_aded3585-9f42-53e1-bd6b-dea3364595b2.html

Bulletin: Patrick Kane; Buffalo, New York: "Lawyer for Rape Accuser Requests 'Prayers' for Patrick Kane and His Client Roland. Cercone, a Baptist church deacon, says young woman had nothing to do with "this entire fiasco" of her mom's evidence-bag hoax." Joliet Patch.


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 4 days. For information: http://www.aidwyc.org/wcd-2015/

"An attorney representing Patrick Kane’s accuser maintains “she had no knowledge of — or anything to do with — this entire fiasco” regarding the evidence-bag hoax the Erie County district attorney accused her mother of perpetrating last week. Roland M. Cercone, in a letter sent to the Chicago Tribune and The Buffalo News late Saturday, said his client is “ready, willing, and able to cooperate, as she has always done throughout this investigation” with any inquiry regarding what District Attorney Frank Sedita III called a “bizarre hoax.” He also asked people to pray for her, for Kane, for Kane’s family — and for those who keep leaking information about the investigation. Cercone believes Sedita, in his Friday press conference, left the false impression the 21-year-old woman he represents had declined to cooperate as authorities looked into how the plastic and paper bags got into her mother’s hands."
http://patch.com/illinois/joliet/lawyer-patrick-kane-accuser-asks-prayers-woman-hockey-star-0

Bulletin: Rajesh and Nupur Talwar; ‘I Want To Be Famous’: As Aarushi’s Relative Remembers Her.' (An intimate, revealing, heartfelt article by Shree Paradkar, published by The Quint, which discloses yet another significant irony: 'Talvar', the movie adaptation of the Aarushi case, releases worldwide on Friday, October 2 - which just happens to be the internationally dedicated "Wrongful Conviction Day." Must, Must Read. HL)


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 4 days. For information: http://www.aidwyc.org/wcd-2015/

“Bad news,” read a one-line email from a relative on May 16, 2008. “Aarushi was murdered by the servant last night.” Five months prior I had been blessed with my first-born in Toronto. I had thought there could be no similar life-changing moment again. What happened next is part of urban legend in India, in its various forms of imagination, innuendo, lies and part-truths; with one thread of truth holding it all together – both Aarushi and the household help Hemraj were dead. Today, Aarushi’s parents Rajesh Talwar and my cousin Nupur are serving life in prison for the murders. All of us in the extended family believe they are wrongfully convicted – there simply has been no evidence of guilt and no motive for murder...I knew of Aarushi’s developments through her grandma, my mother’s older sister Lata Chitnis. But I have got to know Aarushi much better since she was gone. I have interviewed her friends, quizzed family members and pored over photographs and videos to understand who she was. One thing that will always stay with me is what she once laughingly told her friends, “I want to be famous.” Our poor little girl.  She never deserved to have her life taken or her dignity shorn apart as it has been seven years since her death. RIP, people say, when they think of Aarushi. But as long as her parents are in jail, how can she rest and where is the peace?"(Shree Paradkar is Nupur Talwar’s cousin. She is also Deputy Digital Editor at ‘The Toronto Star’, where she has written extensively about the case.)
 http://www.thequint.com/women/2015/09/26/i-want-to-be-famous-as-aarushis-relative-remembers-her

Sunday, September 27, 2015

Bulletin: Richard Glossip; Oklahoma; The plot thickens: "The controversy continued this week when a critical witness in Richard Glossip's appeal case, Michael Scott, was arrested for unpaid fines in Rogers County."..."When Scott was arrested this week, Glossip's attorneys were livid. In a filing asking the court to mandate the state stop intimidated witnesses, the attorneys said multiple officers were involved, guns were drawn, and that Oklahoma County District Attorney David Prater told Scott he orchestrated it all to force him to talk. “You’ve probably got a combined 100 years’ experience between the three of us and we’ve never heard of something so outrageous,” Glossip’s attorney Don Knight said."

 
Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 5 days. For information: http://www.aidwyc.org/wcd-2015/


"The controversy continued this week when a critical witness in Richard Glossip's appeal case, Michael Scott, was arrested for unpaid fines in Rogers County. Scott spent time in prison with Justin Sneed, the man who killed Barry Van Treese in 1997 and claimed Glossip was the mastermind behind the murder. Scott told defense attorneys he overheard Sneed go back on that story, bragging behind bars that it was a setup and Glossip did nothing wrong. When Scott was arrested this week, Glossip's attorneys were livid. In a filing asking the court to mandate the state stop intimidated witnesses, the attorneys said multiple officers were involved, guns were drawn, and that Oklahoma County District Attorney David Prater told Scott he orchestrated it all to force him to talk. “You’ve probably got a combined 100 years’ experience between the three of us and we’ve never heard of something so outrageous,” Glossip’s attorney Don Knight said. “These are witnesses; they’re not defendants or suspects. They came forward on their own volition because they had information they thought was important before the state killed an innocent man and this is how they’re treated.”

Saturday, September 26, 2015

Bulletin: Richard Glossip; Texas Prison Officials Send Virginia Sought-After Drug for Execution This Week. "Texas prison officials are helping their counterparts in Virginia prepare for a scheduled execution on Thursday by providing the state with pentobarbital, a lethal drug that corrections agencies nationwide have had difficulty obtaining."..."Robert Dunham, the executive director of the Death Penalty Information Center, an anti-death penalty organization in Washington, said the drug exchange raised concerns about government transparency. “It puts a whole new spin on the efforts by state departments of corrections for secrecy in the execution process,” Mr. Dunham said. Lawyers for Richard Glossip, a condemned Oklahoma inmate, mentioned the Texas-Virginia drug exchange when challenging Oklahoma’s plan to use midazolam during Mr. Glossip’s scheduled execution by lethal injection this week. The powerful sedative achieved notoriety after it was used in executions that took longer than expected last year in Arizona, Ohio and Oklahoma." Associated Press.

 
Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 6 days. For information: http://www.aidwyc.org/wcd-2015/

"Texas prison officials are helping their counterparts in Virginia prepare for a scheduled execution on Thursday by providing the state with pentobarbital, a lethal drug that corrections agencies nationwide have had difficulty obtaining. The disclosure, which surfaced in a court filing in an Oklahoma death penalty case, was confirmed Friday by the Texas Department of Criminal Justice. Virginia prison officials also confirmed the trade, saying they needed pentobarbital to replace a dose of another drug they intended to use, midazolam, that will soon expire. A spokesman for Texas prisons, Jason Clark, said the three vials of pentobarbital given to Virginia had been legally purchased from a compounding pharmacy, which he declined to name. Texas and Oklahoma are among a handful of states with laws — being challenged by death penalty opponents — that allow prison officials not to disclose where they get execution drugs. Virginia prison officials gave Texas pentobarbital to use as a backup in 2013, and when Virginia asked for help this year, Mr. Clark said, “we reciprocated.” “The agency has not provided compounded drugs to any other state,” he said. Robert Dunham, the executive director of the Death Penalty Information Center, an anti-death penalty organization in Washington, said the drug exchange raised concerns about government transparency. “It puts a whole new spin on the efforts by state departments of corrections for secrecy in the execution process,” Mr. Dunham said. Lawyers for Richard Glossip, a condemned Oklahoma inmate, mentioned the Texas-Virginia drug exchange when challenging Oklahoma’s plan to use midazolam during Mr. Glossip’s scheduled execution by lethal injection this week. The powerful sedative achieved notoriety after it was used in executions that took longer than expected last year in Arizona, Ohio and Oklahoma. In the court filing on Thursday, which is part of a multitiered effort to stop Mr. Glossip’s execution, his lawyers argued that pentobarbital is one of Oklahoma’s preferred execution drugs. The lawyers cite the Virginia-Texas exchange as proof that the drug is available, and included a photo of what they said were three bottles of pentobarbital with April 2016 expiration dates in Texas’ possession. The lawyers said they had obtained the photo from the Virginia Department of Corrections through a Freedom of Information Act request. Mr. Glossip’s lawyers also assert in their filing that Texas is “compounding or producing pentobarbital within its department for use in executions.” Mr. Clark denied the allegation, saying the state agency has no authority to manufacture its own drugs. “We do not have a pharmacy license,” he said..........Texas has carried out 528 executions since 1982, far more than any other state. The last 24, going back to 2013, have used pentobarbital from a compounding pharmacy as the lone drug for lethal injections. Mr. Glossip was convicted of ordering the 1997 killing of his boss in Oklahoma City. Another man, Justin Sneed, admitted to the killing and said Mr. Glossip had offered him $10,000 to do it, which Mr. Glossip denies."




http://www.nytimes.com/2015/09/27/us/texas-prison-officials-send-virginia-sought-after-drug-for-execution-this-week.html?_r=0

 

 

Bulletin: Buffalo, New York; "Patrick Kane case: Prosecutor calls evidence bag discovery 'a hoax' Says accuser's mother likely won't be charged."..."The prosecutor overseeing the sexual assault investigation of Chicago Blackhawks star Patrick Kane says the accuser's mother lied about finding an evidence bag in her doorway."..."Obviously there has been an effort to create a hoax," Sedita said. "I gotta figure out who was in on that, why they would do that and what it means vis-a-vis all the other evidence." CBC;


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 6 days. For information: http://www.aidwyc.org/wcd-2015/

"The prosecutor overseeing the sexual assault investigation of Chicago Blackhawks star Patrick Kane says the accuser's mother lied about finding an evidence bag in her doorway. Erie County (N.Y.) District Attorney Frank Sedita said during a news conference Friday in Buffalo he's not sure yet how the two-day sideshow of how evidence was handled affects the main case. Sedita said all the evidence, including the rape kit used to examine the accuser, was handled properly and is still in custody of authorities. "Obviously there has been an effort to create a hoax," Sedita said. "I gotta figure out who was in on that, why they would do that and what it means vis-a-vis all the other evidence." Sedita said the mother was given the bag at a hospital when her daughter was examined, but it never contained a rape kit. The examining nurse gave the mother the bag after learning the accuser changed her top before going to the hospital, Sedita said. The mother was to put the top in the bag and turn it into authorities, but never did, Sedita said. The mother did not immediately respond to a telephone message seeking comment Friday. Questions about the bag were raised publicly Wednesday by the accuser's former attorney, who abruptly quit the case Thursday night and said he no longer believed the story about how the folded up paper bag — which he'd said had once held the rape kit — was found. ...The criminal investigation into the sexual assault allegation against Kane continues, Sedita said, adding that it could be affected if investigators determine the accuser was aware of the alleged hoax. Otherwise, "the child is usually not guilty of the sins perpetrated by the parents," he said. At one point earlier this month, prosecutors were scheduled to present the case to a grand jury but postponed the proceedings, a person familiar with the investigation told to The Associated Press. The person did not provide a reason for the postponement, and spoke on condition of anonymity because Sedita and Hamburg police had not revealed any details of the case. On Friday, when asked when a grand jury might hear the case, Sedita responded: "The question in my mind is not when this case will go to a grand jury, it's if it will go to a grand jury." Kane's attorney, Paul Cambria, has said that none of Kane's DNA was found on the woman "from the waist down."
http://www.cbc.ca/sports/hockey/nhl/eoannou-lawyer-for-kane-accuser-quits-case-1.3243617

Bulletin: Xiaoxing Xi: Did 'confirmation bias' play role in espionage case? (Philly.com): "The report that all espionage charges against Temple University physicist Xiaoxing Xi have been withdrawn raises the obvious question: How could things have gone so wrong?"..."Confirmation bias is no stranger to criminal and forensic investigations. It played a part in the misidentification of a suspect in a 2004 terrorist train bombing in Madrid, and its effect has been shown repeatedly in research. Whether it is a DNA analyst or a fingerprint examiner, erroneous information or our expectations can cause the person to see what is not actually there or miss what is present. The concern about cognitive biases is neither illusory nor academic. It is now a subject of discussion at the National Commission on Forensic Science, and forensic labs and police agencies around the country are offering training on cognitive bias and potential systems responses to reduce its effect."


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 6 days. For information: http://www.aidwyc.org/wcd-2015/

"The report that all espionage charges against Temple University physicist Xiaoxing Xi have been withdrawn raises the obvious question: How could things have gone so wrong? Reading the story raises a concern about cognitive biases at work. The term biases does not refer to a prejudice or dislike, but rather a process in which the brain biases the observer to favor a particular conclusion. One particular type, "confirmation bias," is common and particularly human: What a person expects to see colors the perception of what is then examined. Confirmation bias is no stranger to criminal and forensic investigations. It played a part in the misidentification of a suspect in a 2004 terrorist train bombing in Madrid, and its effect has been shown repeatedly in research. Whether it is a DNA analyst or a fingerprint examiner, erroneous information or our expectations can cause the person to see what is not actually there or miss what is present. The concern about cognitive biases is neither illusory nor academic. It is now a subject of discussion at the National Commission on Forensic Science, and forensic labs and police agencies around the country are offering training on cognitive bias and potential systems responses to reduce its effect. There is no easy antidote. But depending on the type of investigation, different tools may be used to reduce its effect. ........In the case of the Temple physicist, there is no way yet to know whether cognitive bias - the fear that Chinese-born scientists were engaged in espionage - "made" the investigators see what wasn't there: the "pocket heater" used in superconductor research that was supposed to be kept secret. But the question should be asked - internally at the FBI and in the Justice Department, and more generally in police or prosecutors' offices. The more we know about the risk of seeing what isn't there, the better we can reduce the risk of another Xiaoxing Xi being wrongfully charged." Jules Epstein is director of advocacy programs at Temple University's Beasley School of Law and a member of the National Commission on Forensic Science.
 http://www.philly.com/philly/opinion/20150923_Did__confirmation_bias__play_role_in_espionage_case_.html
Wikipedia account: "Xiaoxing Xi (Chinese: 郗小星; pinyin: Xī Xiǎoxīng; born 1958) is a Chinese-born American physicist. He is Laura H. Carnell Professor of Physics at Temple University in Philadelphia, and was chairman of Temple's physics department.[1] In May 2015, the United States Department of Justice arrested him for allegedly sending restricted American technology to China, but dropped all charges in September after independent scientists discovered that the prosecutors had misconstrued the evidence against him...Xi was born in China and received his Ph.D. from Peking University in 1987. He was a researcher at the Karlsruhe Nuclear Research Center in Germany, Bell Communication Research at Rutgers University, and University of Maryland, before becoming a faculty member of Pennsylvania State University in 1995. He was named chairman of Temple University's physics department in 2014.[1] He moved to the United States in 1989 and has become a naturalized US citizen.[2][3]...In May 2015, the United States Department of Justice accused him of sending restricted American technology to China, specifically, the design of a pocket heater used in superconductor research. Xi was arrested by about a dozen FBI agents at his home, and faced charges carrying a maximum penalty of 80 years in prison and a $1 million fine. He was put on administrative leave by Temple University, and resigned as chairman of the physics department.[2][3 In September 2015, however, the DOJ dropped all charges against him after leading scientists, including a co-inventor of the pocket heater, provided affidavits that the schematics that Xi shared with Chinese scientists were not restricted technology, and not for a pocket heater.[2][3] According to Xi's lawyer Peter Zeidenberg, the government did not understand the complicated science and failed to consult with experts before arresting him.[2] He said that the information Xi shared, as part of "typical academic collaboration", was about a different device, which Xi co-invented and is not restricted technology.[4]"
 https://en.wikipedia.org/wiki/Xiaoxing_Xi

Friday, September 25, 2015

Bulletin: Daniel Green gets 9 to 15 years in shaken baby case; "The case was a circumstantial one, with no witnesses, said Collins. The accusation, he argued to Ames, was out of character for Green. Instead, he called an expert witness who testified that the baby’s brain bleed and retinal hemorrhages were caused by a hereditary condition that caused excess fluid to gather on the outside of the brain, increasing pressure and triggering seizures. The state’s expert, Dr. Alice Newton, who was at Children’s Hospital at the time, rejected that, saying that the injuries were too severe to have been caused by a simple increase in pressure on the brain. She also noted bruises to the baby’s spine and spleen.......... Collins said Green, who maintains his innocence, had always acted appropriately with the infant, pointing to testimony from both his stepmother and a technician who had been in the motel room demonstrating a nebulizer hours before the baby was hospitalized."


STORY: "Daniel Green gets 9 to 15 years in shaken baby case," by reporter Julie Manganis, published by the Salem News on September 24, 2015;

GIST: "A man who was found guilty last month of shaking and throwing his then-3-month-old infant son inside a Danvers motel room three years ago was sentenced to nine to 15 years in state prison Thursday. Daniel Green’s assault on the baby, now 3, left the child with what are expected to be lifelong cognitive issues and a 60 percent loss of vision, witnesses testified during Green’s trial... But Green’s family, and his attorney, Joseph Collins, insist it wasn’t Green who caused those injuries, and say they believe the extent of the injuries has been overstated. Both Collins and Green’s mother insisted that a video taken during a supervised visit with the boy at a Department of Children and Families show a child who is thriving. A foster mother who has raised the boy since he was removed from the custody of Green and his wife Samantha, testified that what was seen on the video was the result of months of daily work on basic skills... The case was a circumstantial one, with no witnesses, said Collins. The accusation, he argued to Ames, was out of character for Green. Instead, he called an expert witness who testified that the baby’s brain bleed and retinal hemorrhages were caused by a hereditary condition that caused excess fluid to gather on the outside of the brain, increasing pressure and triggering seizures. The state’s expert, Dr. Alice Newton, who was at Children’s Hospital at the time, rejected that, saying that the injuries were too severe to have been caused by a simple increase in pressure on the brain. She also noted bruises to the baby’s spine and spleen.......... Collins said Green, who maintains his innocence, had always acted appropriately with the infant, pointing to testimony from both his stepmother and a technician who had been in the motel room demonstrating a nebulizer hours before the baby was hospitalized. Collins also quoted from a transcript of Green’s interrogation by a state trooper, highlighting comments from that trooper alluding to Green being “a good person” who loved his kids. It was not clear whether the trooper was using an interrogation technique of empathizing with a suspect, however, or if he believed what he was saying...Collins also called a longtime family friend, Maria Carney of Salem, who took the stand to describe Green as a nurturing father. “You can see the love in his eyes the way he looked at his baby,” she testified."

The entire story can be  found at:

http://www.salemnews.com/news/local_news/daniel-green-gets---years-in-shaken-baby-case/article_d1074494-fe51-538c-b81b-ec33cbe29fa3.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;

Dr. Colin Manock: Blogger Andrew Urban (Pursue democracy) calls "The chronic, long term failure of the South Australian legal system to ensure that its chief forensic pathologist was suitably qualified to give evidence" 'Australia’s greatest forensic disaster' - a disaster which is "a ticking time bomb that is now about to explode, with some 400 criminal cases needing to be re-opened, the largest volume of potential wrongful convictions in a single jurisdiction in history." (Must Must Read. HL);


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 7 days. For information: http://www.aidwyc.org/wcd-2015/

PUBLISHER'S NOTE: Andrew Urban presents an apt comparison between Dr. Colin Manock and former doctor Charles Smith - both of whom  are at the heart of their country's "greatest forensic disasters." Smith looked, and played the role, of the confident, sophisticated, supremely knowledgeable forensic pathologist, when he was nothing of the sort. He played the role so well that defence lawyers rarely dared to challenge his qualifications as an expert witness in the criminal trials -  and judges treated him with velvet gloves.  Pretending to be neutral (he was anything but)  he had jurors eating out of the palms of his hands. He cultivated such a powerful reputation that innocent, loving parents  whose children had  tragically died natural deaths, where told by their lawyers that if they did not plead guilty to a lesser offence they risked being sent to prison for life as their child's murderer. A haughty, arrogant individual,  he would routinely castigate any pathologist who dared disagree with his opinion. (He also tended to "lose" forensic exhibits which could show that his opinion was wrong and that the accused parent or care giver was innocent).  In short, Smith, a medical  nobody, created himself into the great Dr. Charles Randal Smith, with the help of his superiors in the hospital, coroner's and policing and government establishments  who chose not to look too closely while he was piling up victories in court - and with the help of an adoring, largely uncritical press which bought into his image as a passionately religious man who was  the saintly protector of children who couldn't speak for themselves. I will leave the rest of my comments to Justice Stephen Goudge who addressed the issue of Smith's "experience" in his report for the public inquiry he conducted into many of Smith's cases: "As director of the OPFPU (The Ontario Pediatric Forensic Pathology Unit) and with the active support of the OCCO (The Ontario Chief Coroner's Office) Dr. Smith became the dominant pathologist for child abuse and homicide cases in Ontario. He brought with him an impressive title and a growing reputation and, relatively quickly, came to be perceived as the authority in pediatric forensic pathology. Dr. Smith also presented himself in this way. When he testified in September, 1994, in Valin's case, for instance, Dr. Smith told the court that, as director of the OPFPU, a "unique" unit in Canada and indeed in North America, he probably performed more  pediatric forensic autopsies than anyone else in the country. In April, 1998, he told the court in Sharon's case that, given his vast experience with pediatric cases, he was more  qualified to assess a child's penetrating wounds than a forensically trained pathologist, whose primary experience would have been with adults. We now know as Dr. Smith admitted, that he was self-taught and his forensic pathology education and training were 'minimal' and "woefully inadequate." He simply did not have the specialized professional skills necessary for the work."

STORY: "Australia's greatest forensic disaster,"  by Andrew L. Urban, posted on his blog 'Pursue Democracy' on September 25, 2015.

GIST: "The chronic, long term failure of the South Australian legal system to ensure that its chief forensic pathologist was suitably qualified to give evidence was a ticking time bomb that is now about to explode, with some 400 criminal cases needing to be re-opened, the largest volume of potential wrongful convictions in a single jurisdiction in history.  The Chief Forensic Pathologist in South Australia, Dr Colin Manock, was at all relevant times “unprofessional, incompetent, untrustworthy” according to documents lodged with the Supreme Court of South Australia. Dr Manock gave ‘expert’ evidence in some 400 criminal trials over his 26 year tenure, resulting in convictions which are now all deemed unsafe and require to be re-opened. This is an unprecedented volume of potential miscarriages of justice for any jurisdiction let alone a sparsely populated state such as South Australia, says legal academic Dr Bob Moles, whose latest book (co-authored with Bibi Sangha), Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia (LexisNexis) has just been published (September 2015), with a foreword by retired Supreme Court Judge Michael Kirby. In the book, they argue that Australia’s existing appeals system does not comply with the rule of law provisions – nor with Australia’s international human rights obligations.  It was Sangha and Dr Moles whose expertise helped introduce new statutory right of appeal legislation in South Australia in May 2013. It was the first substantial change to the criminal appeal rights anywhere in Australia in 100 years. It is under this new legislation that Frits Van Beelen has moved to have his conviction overturned, 25 years after being freed from a 17-year jail term for killing teenager Deborah Leach on Taperoo Beach on July 15, 1971. His legal team will assert Dr Manock was not qualified to give evidence at the trial, claiming that this is the “fresh and compelling” evidence needed to secure the appeal. Court of Criminal Appeal documents, lodged on September 9, 2015 by Michael Hegarty & Associates Solicitors, assert Dr Manock should not have been permitted to give evidence which was crucial to the prosecution case against Van Beelen, now in his late 60s. “The opinion Dr Manock provided as to time of death, clearly accepted by the jury, was wrong. At trial it was the prosecution case, based on Dr Manock’s autopsy observations and his opinions, that the Applicant committed necrophilia on the body of the deceased immediately after killing her. That proposition was without factual or valid scientific basis …”... In a submission to the Solicitor General concerning Dr Manock, the lawyers for Keogh had stated: “…there is no documentary proof of Dr Manock’s clinical qualifications and expertise. It is clear that in at least his first two years of practice in South Australia, he had no formal qualifications as a forensic pathologist. So far as we are aware he did not make that fact clear in the various cases in which he gave evidence during that period. His experience in the UK before he was appointed to the position as a forensic pathologist in South Australia is at best uncertain. Various anomalies exist, including his claim as to his appointments at Leeds University, which do not accord with the records we have been able to obtain from Leeds. “Despite our frequent requests, the Medical Board has consistently refused to check his qualifications...“It is acknowledged that Dr Manock had no formal training in histology (an essential requirement for forensic pathology) and more importantly, he consistently refused to rectify the problem …”Dr Manock is now retired. It’s up to South Australia’s legal system to deal with the hundreds of cases that recorded his unreliable testimony and to answer the question of how the entire system let so many doubts about his competence go unresolved for so long. What confidence can the public have in such a system? What safeguards are being put in place to prevent it happening again? Ontario, Canada had a similar situation that made headlines in 2011 with discredited pathologist Dr Charles Smith. Dr. Smith was considered a leading expert on pediatric forensic pathology from the 1980s to 2001. But he was found later to have made errors in 20 investigations, the majority of which led to criminal charges against parents or other caregivers. In most cases, they have since been cleared of wrongdoing."

The entire story can be found at:

http://pursuedemocracy.com/2015/09/australias-greatest-forensic-disaster/

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: Richard Glossip; Oklahoma; State responds to affidavits from condemned inmate Richard Glossip's legal team; Claims in a filing with a state appeals court that the reliability of new witnesses in Glossip's innocence claim is "inherently suspect". Tulsa World;




 In a court filing Thursday, the Oklahoma Attorney General’s Office called new witnesses in death-row inmate Richard Glossip’s innocence claim “inherently suspect.” Glossip, 52, came within four hours of execution on Sept. 16 before receiving a stay from the Oklahoma Court of Criminal Appeals. The court postponed Glossip’s lethal injection until Sept. 30 to provide time for review of new evidence in his claim that he is innocent. Glossip was sentenced to death for hiring Justin Sneed to kill their boss, Barry Alan Van Treese, in 1997. In recent weeks, Glossip’s legal team has filed affidavits from two men who served time with Sneed who said he either lied about Glossip’s involvement in the killing or never mentioned it at all.
http://www.tulsaworld.com/news/government/state-responds-to-affidavits-from-condemned-inmate-richard-glossip-s/article_2d97df76-7491-5db6-8f91-4efeb518dc7f.html

Bulletin: Patrick Kane; Buffalo, New York. Significant development; Lawyer for Chicago Blackhawks star Patrick Kane accuser withdraws as counsel, "saying he’s no longer comfortable representing the woman because of how her mother reported finding an evidence bag they believed once held the woman’s rape kit. Thomas Eoannou told reporters he believes there were, what he called, "fabrications" in the story of how the bag was found. And he added that he’s no longer sure if the bag ever contained evidence from the investigation. "I can only say that I don’t know what’s true and what’s not true," Eoannou said during a hastily called news conference at his downtown Buffalo law office. "I received the story line from the mother. And it’s my position that I’m not comfortable with that version of the events."

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 7 days. For information: http://www.aidwyc.org/wcd-2015/

"The lawyer for a woman accusing Chicago Blackhawks star Patrick Kane of sexual assault abruptly quit the case Thursday night, saying he’s no longer comfortable representing the woman because of how her mother reported finding an evidence bag they believed once held the woman’s rape kit. Thomas Eoannou told reporters he believes there were, what he called, "fabrications" in the story of how the bag was found. And he added that he’s no longer sure if the bag ever contained evidence from the investigation. "I can only say that I don’t know what’s true and what’s not true," Eoannou said during a hastily called news conference at his downtown Buffalo law office. "I received the story line from the mother. And it’s my position that I’m not comfortable with that version of the events." Kane has been accused of sexually assaulting a woman in her 20s at his waterfront mansion outside of Buffalo on Aug. 2. He has not been charged. Last week, Kane said he did nothing wrong and expected to be absolved...Kane's attorney, Paul Cambria, held his own news conference later Thursday night by reiterating he believes that Kane is being victimized. "People keep using the word victim, victim, and in my opinion, you don't know who the victim is until all the facts are in," Cambria said. "This happening today is bizarre," Cambria said, noting that officials had confirmed all the evidence had been accounted for. "Today, within 24 hours of these kind of astronomical claims yesterday, we now find out that they're false."
http://www.sportsnet.ca/hockey/nhl/lawyer-for-patrick-kane-accuser-withdraws-as-counsel/

Ed Graf: Texas; Junk arson 'science'. Top-notch analysis of the case by Jeremy Stahl published by Slate. "In 1988, he was convicted of killing his stepsons — based on arson science we now know is bunk. A quarter of a century later, Texas granted him a new trial, one that pitted modern forensics against old-fashioned Texas justice." (Stahl answers a question which plagued many observers of the case: Why did Ed Graf plead guilty in the face of modern scientific evidence which pointed so unequivocally to his innocence? HL.


Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 7 days. For information: http://www.aidwyc.org/wcd-2015/

STORY: "The Trials of Ed Graf," by  Jeremy Stahl, published by Slate on September 23, 2015.

SUB-HEADING:   "In 1988, he was convicted of killing his stepsons—based on arson science we now know is bunk. A quarter of a century later, Texas granted him a new trial, one that pitted modern forensics against old-fashioned Texas justice."

GIST:  "The fact that the state had actually executed someone on the basis of unreliable arson science—the very reason that these training conferences were taking place—was the subtext of the entire two-day seminar. During his remarks, Connealy only hinted at why they were there, talking about “rebuilding the reputation” of the State Fire Marshal’s Office and using the “Forensic Science Commission report”—that is, the Willingham report—to accomplish this. “We got some negative publicity,” is how another speaker, investigator Tommy Sing, put it to the assembled crowd. “I can tell you looking at the Graf case, there’s no forensic evidence to support the conclusion that the fire was intentional,” Sing told me between conference sessions. “Not then, not now.” Sing, a 40-year veteran firefighter and investigator, had investigated the case at the appellate stage for the McLennan County prosecutor’s office. Still, he was sure to offer the caveat that this was a forensic science point of view and not a “criminal investigation point of view.” In all of his 2,000-plus criminal investigations, though, Sing had never had a prosecutor charge someone with a crime in an undetermined fire. As for Willingham, Sing seemed to acknowledge that the execution was a travesty of justice without saying he was innocent. “We can’t go back and change anything that’s already happened—we can’t change Willingham,” Sing told me. “But today,” he continued, taking a deep sigh, “today I’m glad it’s in the forefront. Because it’s getting better training for my investigators.”  ........More than six hours into deliberations, the jury was still deadlocked, to the surprise of many, and they recessed for the evening. The jury deliberated for five more hours the next day without returning a verdict. Then something shocking happened. Eleven hours into deadlocked deliberations, when it seemed very possible that the trial would end in a hung jury, Ed Graf pleaded guilty to murdering his two adopted sons. The plea made no sense. It appeared that Graf was admitting guilt in exchange for virtually nothing. He was already serving a life sentence with the eligibility for parole, and he confessed in exchange for two 60-year sentences to run concurrently with credit given for time served during the past 2½ decades. But Graf, 62, was left with more than 30 years to go on his sentence, which essentially made it a life sentence. As Abel Reyna noted in announcing the verdict to the jury, the parole board was not going to look kindly on a twice-convicted double child-murderer who had falsely protested his innocence for so long. Family members of the victims were ready to feverishly contest any request for parole, including Graf’s own son, who had testified against his biological father at trial, despite having been a baby at the time of his brothers’ deaths. Prosecutors also promised to contest parole at each attempt. Reyna reportedly said he expected the first such opportunity to come one year or more after the trial and said he would fight it tooth and nail.
So it appeared that Graf had confessed to murder, forfeited his right to proclaim his innocence on the basis of scientific evidence, forfeited his right to a new trial in the case of a hung jury, and forfeited his right to appeal any guilty verdict that could possibly be overturned—all in exchange for nothing. Had the scientific evidence been wrong? Was he guilty after all? Had his conscience finally got the better of him? On the last question, it appears that the answer is no. Ed Graf was released on parole eight days after his guilty plea. What Graf and his attorneys knew—and the district attorney apparently did not—is that there is a loophole in Texas’ parole law for capital crimes that took place prior to 1987. In such cases, parole must be granted automatically when an inmate’s time served and his credited time for good behavior add up to his sentence. After his first trial, Graf had been sentenced to life, meaning he would not be able to take advantage of this loophole—no sum of years can add up to a life sentence. But his new plea deal put a number on his sentence—60 years—and Graf had more than enough time served and time credited for good behavior to go free on parole immediately, and automatically—no matter what the district attorney did or said. (Even though the plea deal was struck in 2014, it was the resolution of a 1986 incident, and thus still governed by the laws as they were written at the time. The loophole that freed Graf has since been closed.) Graf’s lawyer Walter Reaves told me the defense attorneys had never planned on taking a plea—Graf had always publicly maintained his innocence and his lawyers believed they either would be able to prove it, or they wouldn’t have to because prosecutors would drop the charges. But by the end of the trial Graf seemed resigned to the idea that the best he was going to do was get a hung jury and another difficult trial, or worse, a guilty verdict and another lengthy appeal from prison.  In the midst of jury deliberations, he broached the possibility of a deal with his lawyers, who were taken aback. “It was extremely surprising to us,” Reaves said. “I think Ed had given it a lot of thought, and I think he had his mind made up by the time he even talked to us about it.” Graf seems to have realized that if he didn’t take a deal he would likely lose the possibility of exploiting the mandatory release loophole.
What made Graf’s release even more surreal was that the jury had reached a guilty verdict on murder just as the plea deal was being entered, one that would likely have negated his opportunity for mandatory release by sentencing him again to life. By the middle of the morning, one of the not-guilty jurors had begun to slip. By the afternoon’s vote, there was only one person standing in the way of Graf’s return to prison. The 12 jurors went for one final vote, with the one remaining holdout going last. “I could tell that she really didn’t want to say murder, but she did,” the juror Patricia told me. The bailiff took the verdict, and was waiting outside the door of the courtroom to hand it to the judge as the plea deal was being entered. The possibility of the guilty verdict was obviously a motivating factor in pushing Graf to accept the plea, but the fact that the two things happened simultaneously is astonishing. By confessing to murdering his two sons, Ed Graf became a free man. Epilogue: I don’t know if Ed Graf is an innocent man wrongfully convicted. But the fact that he confessed in order to escape jail does not mean that he was necessarily guilty. “His feeling was—I think—it was a desperation, and I think he saw, all of a sudden we had new witnesses that were saying new things, that didn't say things in 1988,” his lawyer Mark Dyer said, “and he just thought ‘it's gonna be more of the same if I got another trial.’ ”. Ultimately, the implications of the Ed Graf case are that even if the sort of comprehensive forensic reviews that Chris Connealy has established in Texas are adopted nationwide, it might not matter to people who have been convicted on the basis of bad fire science. Both the Graf and Willingham cases demonstrate the flaws in a system that entrusts our district attorneys with overwhelming power; that allows inmates to testify against each other even when they have every incentive to lie; and a system in which dry forensics from experts can’t compete with emotional memories from eyewitnesses. The best science is still no match for a judicial system bent on delivering convictions at almost any cost. Ed Graf denied himself any claim of innocence and right to appeal by pleading guilty. I don’t think he ever received a fair trial for his alleged crime. He never will."

The entire story can be found at:

http://www.slate.com/articles/news_and_politics/jurisprudence/2015/08/ed_graf_arson_trial_texas_granted_him_a_new_trial_would_modern_forensic.htm

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;