Raymond Jennings: California; Prosecution expert who testified at trial has had a change of mind); A judge has thrown out his murder conviction after prosecutors announced there was new evidence that seemed to “undermine the entire prosecution case and point unerringly to innocence or reduced culpability.”..." The judge also noted that a prosecution expert who testified at trial about the sexual motive — “the cornerstone” of the case, the judge said — had since changed his stance. Without that testimony, Ryan ruled, the prosecution’s case would have been “decidedly different.” In a written statement Monday, Blake, the trial prosecutor, said he’s “aware of additional facts that were not available to me at the time I tried Raymond Lee Jennings.” “As a result,” he said, “I understand why my office has lost confidence in the conviction.” Dist. Atty. Jackie Lacey said in a statement that the case shows her office is “dedicated to serving justice, even when it means reopening a closed case.” Asking a judge to throw out the conviction in Jennings’ case — one of more than 1,000 that prosecutors have been asked to look into — marked the first big move by the district attorney’s unit dedicated to overturning wrongful convictions."

STORY: "Judge throws out murder conviction of man in notorious Palmdale killing," by reporter Marisa Gerber, published by The Los Angeles  Times

PHOTO CAPTION: "Raymond Lee Jennings sits through a court hearing earlier this month. Jennings' 2009 murder conviction in the killing of Michelle O'Keefe in a Palmdale parking lot was thrown out on Monday."

GIST:  “It’s official,” read the text message from his lawyer’s son. Confused about what had happened, Raymond Lee Jennings rushed to his laptop Monday morning, opened his email and found a court document. He scrolled to Page 13 and burst into tears. Finally, his fight to clear his name was over — a judge had thrown out his murder conviction. Superior Court Judge William Ryan wrote that new evidence seemed to “undermine the entire prosecution case and point unerringly to innocence or reduced culpability.” Jennings had served 11 years behind bars in the slaying of Michelle O’Keefe, a college student shot inside her Mustang in a Palmdale parking lot in February 2000. He was released from prison last year after the district attorney’s office said prosecutors had lost confidence in the conviction, but the murder charge hung over him until Ryan’s ruling on Monday. No reasonable jurors, the judge wrote, would have convicted Jennings — a security guard patrolling the area the night of the killing — if they’d been told at trial that gang members were also in the parking lot at the time of the shooting. In addition, sheriff’s investigators recently discovered new evidence that excludes Jennings as the killer. Ryan said that the victim’s mother, Patricia O’Keefe, had recently addressed the court, saying that 32 jurors over the course of three trials, a judge and a panel of appellate justices had felt there was enough evidence to convict Jennings. “But justice is not measured by the number of people who support the conviction,” Ryan wrote, adding that he hadn’t made the decision lightly and was mindful of the feelings of the victim’s family and friends. “While to the O’Keefes and others it may feel it is unjust to now grant Jennings relief,” he wrote, “it is even more unjust to keep a man in prison who has been excluded by the lawful authorities.” At the end of his ruling, Ryan included an ancient adage of common law jurisprudence: “Let justice be done, though the heavens may fall.”........O’Keefe’s slaying shocked the Antelope Valley community where she lived. At trial, Deputy Dist. Atty. Michael Blake told jurors that the $111 found in O’Keefe’s wallet proved it wasn’t a botched robbery. Instead, he argued, it was flirtation gone wrong. “There is a sexual component to this crime,” he said. “That is the motive, and that’s how it began.”.........After two downtown L.A. juries deadlocked, the case was moved to the Antelope Valley for a third trial in 2009, where he was convicted. Jennings swore he was innocent and begged a judge to release him — a plea that went unanswered until the summer of 2016, when prosecutors sent Ryan a letter saying they doubted his conviction based on new evidence. After a request from prosecutors, Ryan ordered Jennings’ release last year, but he didn’t throw out the conviction until Monday. In his ruling, Ryan said that no blood or gunpowder had been found on Jennings’ uniform and that male DNA found under the victim’s fingernails didn’t match Jennings’ DNA. The judge also noted that a prosecution expert who testified at trial about the sexual motive — “the cornerstone” of the case, the judge said — had since changed his stance. Without that testimony, Ryan ruled, the prosecution’s case would have been “decidedly different.” In a written statement Monday, Blake, the trial prosecutor, said he’s “aware of additional facts that were not available to me at the time I tried Raymond Lee Jennings.” “As a result,” he said, “I understand why my office has lost confidence in the conviction.” Dist. Atty. Jackie Lacey said in a statement that the case shows her office is “dedicated to serving justice, even when it means reopening a closed case.” Asking a judge to throw out the conviction in Jennings’ case  — one of more than 1,000 that prosecutors have been asked to look into —  marked the first big move by the district attorney’s unit dedicated to overturning wrongful convictions."

The entire story can be found at:

http://www.latimes.com/local/lanow/la-me-ln-raymond-jennings-conviction-vacated-20170123-story.html

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;