Friday, April 21, 2017

Evin King: Ohio; Bulletin: Major Development; Finally cleared with assistance from Innocence Project - in spite of prosecutor's initial efforts to keep the conviction, and a judge's refusal to grant a new trial..."Prosecutors said advances in DNA testing and understanding forensic evidence have called into question the theory of the crime that prosecutors presented at King's 1995 trial. The Ohio Innocence Project, which is part of the University of Cincinnati College of Law, represented him in multiple appeals. Cuyahoga County Prosecutor Michael O'Malley said Tuesday that his office consulted with the medical examiner, who explained that the way DNA evidence was interpreted at the time of King's trial is no longer valid. "After learning of the current analysis of the evidence, I believe that it is my duty to vacate Evin King's conviction," O'Malley said." Reporter Jennifer Auh: WEWS; Associated Press; 19 April, 2017.


"A team at the University of Cincinnati helped free a man Wednesday who claims he was wrongly imprisoned in his girlfriend's slaying 23 years ago.   Court records show Cuyahoga County prosecutors asked that Evin King, 59, be freed while they further investigate his case. Prosecutors said advances in DNA testing and understanding forensic evidence have called into question the theory of the crime that prosecutors presented at King's 1995 trial. The Ohio Innocence Project, which is part of the University of Cincinnati College of Law, represented him in multiple appeals. Cuyahoga County Prosecutor Michael O'Malley said Tuesday that his office consulted with the medical examiner, who explained that the way DNA evidence was interpreted at the time of King's trial is no longer valid. "After learning of the current analysis of the evidence, I believe that it is my duty to vacate Evin King's conviction," O'Malley said......... Cleveland.com reports King learned about the development in a phone call from the Innocence Project. "I knew this day would come one day, and I knew I would cry," King said through tears in a video of the call. Speaking of his mother, King said "she's looking down on me." His girlfriend, Crystal Hudson, was found strangled in her closet in 1994. Of the two types of DNA found at the scene, one did not match King and the other could not be tested due to old DNA technology. Prosecutors argued Hudson was with another man before her death, but King killed her. A jury convicted King, and he was sentenced to life in prison with eligibility for parole after 15 years. The Innocence Project took his case and did new testing in 2009. The tests found both types of DNA from the scene matched the same person, whose DNA did not match King's. Even with the new developments, prosecutors fought to keep King's conviction, and a county judge refused to grant a new trial. O'Malley, who took office in January, assigned a new assistant prosecutor to take King's case. The Innocence Project praised his decision to void the conviction."
http://www.wcpo.com/news/state/state-ohio/man-who-claimed-his-innocence-in-1995-murder-is-freed-after-new-dna-analysis

See CSIDDS post "New Ohio exoneration casts worries about Sessions effect at the link below: "I’m just coining a turn to a familiar forensic science phrase, but US Attorney General Session’s cancelling the NCFS  (federal forensic forensics commission) has brought added attention to flawed  police science long advertised as being a legal certainty. It quite clearly has spurred some good discussions defining the  thrashing going on between scientific thinking and prosecutors . Let’s give his legacy a name since the public is beginning to understand that Sessions is mute regarding false convictions, false plea deals and wrongful incarcerations coming out of both ‘his’ federal system of justice and affiliated state prosecuting colleagues. The ‘Sessions Effect’ could stick much like the ‘CSI Effect’ is used as a label about juries expecting solid physical evidence to prove guilt in criminal cases. Prosecutors complain it only exists in about 10% of their cases that actually go to trial. 95% of prosecutions end up in admissions of guilt thorugh plea bargains. There is a twist in ‘effect’ in that Sessions clearly stands for throttling Obama’s and the US Congress decade long movement to thwart the presence of flawed, incompletely tested and outright false forensic reporting by prosecution experts." Dr. Michael Bowers.
 https://csidds.com/2017/04/21/new-ohio-exoneration-casts-worries-about-a-sessions-effect-on-criminal-justice/

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;