In the years since I started publishing this Blog I have become
increasingly disturbed by the 'white elephant' in the room: Sheer,
unadulterated, willful misconduct in the criminal justice system -
much of it involving forensic evidence - committed by lab technicians,
pathologists, police officers, prosecutors and others. Think Annie
Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith;
Think Ken Anderson; Think Gene Morrison. Think Louis Scarcella; I have therefore decided to run this image of a
white elephant at the top of every applicable post henceforth, to draw
our reader's attention to what I see as a major problem in all too
many criminal justice system's - my own included. Harold Levy;
Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be
independent from law enforcement and prosecutorial agencies' and this is
a key reform promoted by The Justice Project (2008). But fixing
these problems is only half the answer' because half of the wrongful
convictions attributed to misleading forensic evidence involved
deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;
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REMINDER: "Rodricus
Crawford: Louisiana; Bulletin: Domonique Benn's exclusive News 12
investigation 'Fighting for a Father's Freedom' will be streamed this evening, Monday (November 21) at 10.00 pm (local time), on ksla.com;
QUOTE OF THE DAY;
"From
my review and discussions, I believe Ms. Yezzo's opinions were very
likely wrong and that the prejudice in this case is very significant.
Ms. Yezzo's testimony has a particular harm in this case because it not
only gave the jury forensic evidence to convict Keith Keith but it also
directed the police away from another man who certainly should have been
closely investigated. "Had I known in 1994 what I know now, I
would not have permitted Ms. Yezzo to provide testimony against Kevin
Keith. I also would have ordered the submitted evidence to be reexamined
by a separate analyst. ...I'm deeply concerned Ms. Yezzo's conclusion
and testimony led to a miscarriage of justice in Mr. Keith's case."
Former Ohio Attorney General Lee Fisher;
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STORY: "Investigator may have imperiled cases, including Canton man's," by Charita M. Goshay, published by The Canton Repository on November 20, 2016;
GIST: "For 20 years, people have smiled and nodded politely as
Charles Keith has made his case that his younger brother Kevin was
railroaded into a conviction for a triple murder he says he didn't
commit. Charles Keith's life has become monastic; one of court papers, police
reports, newspaper clippings and phone calls. He calls himself a
"telephone-book lawyer." "I wasn't educated at Ohio State. I was educated by the state of Ohio," he said. On
Valentine's night in 1994, two women and a child were fatally shot in
an apartment in Bucyrus, Ohio. Police called it a crime of retribution
involving drugs. Kevin Keith, who lived in nearby Crestline, was
awaiting trial on a drug trafficking charge. His mugshot was identified
by a surviving witness who also was wounded, though the witness told
police that the shooter's face was partially covered by a scarf. Another
child in the apartment, who also was wounded, told investigators that
the shooter was a friend of her father's — not Keith. Eyewitnesses
who saw the killer flee the complex could not agree on whether Keith
fit the description. Evidence included shoe prints, a partial imprint of
a license plate in a snow bank, and a shell casing found in another
part of town. No weapon was ever found. Keith,
a McKinley High School graduate, was convicted and sentenced to death.
The case was even mentioned by then-President Bill Clinton when he
visited Crawford County to tout his crime bill. The Keiths may have gotten a break. On Oct. 30, The Columbus
Dispatch published an investigation of retired BCI investigator G.
Michele Yezzo amid accusations that she was derelict and incompetent in
collecting and analyzing evidence, and slanted her findings to benefit
prosecutors and police. Yezzo, who testified at Keith's trial, denies the accusations. Yezzo's
personnel file contains letters of reprimand and numerous employee
complaints of harassment, bullying, racial slurs, and an overall hostile
work environment. In 1989, BCI union employees filed a complaint with
then-Attorney Gen. Anthony Celebrezze, accusing Yezzo of fostering
"never-ceasing conflicts, run-ins and confrontations." In at least
one incident, Yezzo's own union, the Fraternal Order of Police, refused
to support her. In 1993, she was placed on a 10-day administrative
leave. On July 1, former Ohio Attorney General Lee Fisher filed an
affidavit with Crawford County Common Pleas Court, listing several
concerns about Yezzo's investigation of Keith's case. Fisher, who was in office when Keith was convicted, wrote: "From
my review and discussions, I believe Ms. Yezzo's opinions were very
likely wrong and that the prejudice in this case is very significant.
Ms. Yezzo's testimony has a particular harm in this case because it not
only gave the jury forensic evidence to convict Keith Keith but it also
directed the police away from another man who certainly should have been
closely investigated. "Had I known in 1994 what I know now, I
would not have permitted Ms. Yezzo to provide testimony against Kevin
Keith. I also would have ordered the submitted evidence to be reexamined
by a separate analyst. ...I'm deeply concerned Ms. Yezzo's conclusion
and testimony led to a miscarriage of justice in Mr. Keith's case. Retired
FBI forensic investigator William Bodzik, who reviewed evidence Yezzo
presented during Keith's trial, sent a report to his attorney,
describing her work as cursory and unsatisfactory. Keith also has the support of former Ohio Attorney General Jim Petro, who now opposes the death penalty. However, Keith has exhausted appeals for a new trial. In 2010, two weeks before Keith's execution, then-Gov. Ted Strickland commuted his death sentence to life in prison."
The entire story can be found at:
http://www.cantonrep.com/opinion/20161120/charita-m-goshay-investigator-may-have-imperiled-cases-including-canton-mans
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html
Please
send any comments or information on other cases and issues of
interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.