Thursday, November 24, 2016

Kirstin Lobato : Nevada; Major development: (Great news): The Nevada Supreme Court has reversed a lower court decision denying her appeal - Evidentiary hearing before a new judge expected - numerous grounds (many of which relate to forensic evidence. Door also opened to raising police and prosecutor misconduct issues - and to issues involving ineffective assistance of counsel..." Many of these grounds relate to important forensic issues, such as : Ground 1. New forensic entomology evidence that Duran Bailey’s time of death in Las Vegas was after sunset on July 8, 2001, when the Petitioner was 170 miles away in Panaca, Nevada; Ground 2. New forensic pathology evidence that Bailey’s time of death was after 8 pm on July 8, 2001, when the Petitioner was 170 miles away in Panaca. Ground 3. New forensic entomology and forensic pathology evidence that Bailey’s body did not have cockroach and other predator bites, which establishes his time of death was close to discovery of his body in Las Vegas, when Petitioner was 170 miles away in Panaca. Ground 4. New expert psychology evidence the Petitioner’s Statement describing a sexual assault at an east Las Vegas hotel is not a confession to Bailey’s murder at a west Las Vegas bank. Ground 7. New forensic pathology evidence that more than one person was involved in Duran Bailey’s murder, and it excludes the Petitioner." Wrongly Convicted Group; Wrongly Convicted Group)

A copy of the complete ruling is here.

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: Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:  Please send any comments or information on other cases and issues of interest to the readers of this blog to: Harold Levy; Publisher; The Charles Smith Blog.