Wednesday, November 9, 2016

Shabaka Shakur: New York; Retired NYPD detective Louis Scarcella; White Elephant case: Freed from prison last year after serving 27 years for a double homicide he says he didn't commit, The New York Law Journal reports he is being allowed to seek damages from New York state, because of the role played by retired New York City Police Department Detective Louis Scarcella, whose investigative tactics in the 1980s and 1990s led the Brooklyn District Attorney's Office in 2013 to review the cases to which he contributed..."Last year, Supreme Court Justice Desmond Green vacated Shakur's conviction based on newly-discovered evidence—specifically Scarcella's propensity to "embellish or fabricate"—and ordered a new trial (NYLJ, June 3, 2015), but found he did not meet the standard for actual innocence. The Brooklyn DA elected not to appeal the decision or retry the case. So far, seven convictions based on investigations involving Scarcella have been tossed out." New York Law Journal Ex-Inmate Who Insists on Innocence May Seek Damages for Imprisonment | New York Law Journal



Image result for "white elephant"

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 Fred Zain; 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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STORY: Ex-Inmate who insists on innocence may seek damages for imprisonment," by reporter Andrew Denny, published by The New York Law Journal on November 8, 2016.

GIST: "A man who was freed from prison last year after serving 27 years for a double homicide he says he didn't commit may seek damages from New York state, a Court of Claims judge ruled, rejecting the state's motion to dismiss the case. In 1989, Shabaka Shakur was convicted of the killings following an investigation that involved retired New York City Police Department Detective Louis Scarcella, whose investigative tactics in the 1980s and 1990s led the Brooklyn District Attorney's Office in 2013 to review the cases to which he contributed. Last year, Supreme Court Justice Desmond Green vacated Shakur's conviction based on newly-discovered evidence—specifically Scarcella's propensity to "embellish or fabricate"—and ordered a new trial (NYLJ, June 3, 2015), but found he did not meet the standard for actual innocence. The Brooklyn DA elected not to appeal the decision or retry the case. So far, seven convictions based on investigations involving Scarcella have been tossed out."

The entire story can be found at:

http://www.newyorklawjournal.com/home/id=1202771889876/ExInmate-Who-Insists-on-Innocence-May-Seek-Damages-for-Imprisonment?mcode=1202615069279&curindex=2
 
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.