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 Michael West; 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: "Bullet Tests Clear Detroit Man in Prison Since 1992," by reporter Ed white, Associated Press; May 26, 2017.
GIST: "A
judge on Friday threw out the murder conviction of a Detroit man who
has been in prison for 25 years after new tests on bullets supported his
remarkable claim that police framed him with bogus evidence. Desmond Ricks, now 51, will be released from a prison in western Michigan. The Innocence Clinic at University of Michigan law school asked Judge
Richard Skutt to reopen the case after prosecutors in 2015 turned over
photos of two bullets removed from Gerry Bennett. The bullets were in
poor shape and didn't resemble the pristine bullets that were presented
as evidence by Detroit police in 1992. Police at that time said a gun belonging to Ricks' mother was the
murder weapon, but new tests now have ruled out any connection,
Innocence Clinic director David Moran said. One of the bullets doesn't match the gun, and the other bullet was too mutilated for a thorough analysis, he said. "Ricks was a great advocate for his own cause," Moran said. "What he
was saying seemed to be outlandish: The Detroit police crime lab would
not only make mistakes but switch bullets. It wasn't outlandish — it was
true. This outlandish conduct cost Desmond Ricks 25 years." The crime lab was shut down after a 2008 audit revealed sloppy work, including the botched analysis of gun evidence.
The Wayne County prosecutor's office agreed that Ricks' second-degree
murder conviction should be set aside. It's possible that he could face
a second trial but that seems unlikely. Spokeswoman Maria Miller said
the next move will be discussed in court on June 1. The law school has exonerated 10 people and freed four others since
2009 by exposing bad police work in Michigan, finding new witnesses and
tapping specialists.........Ricks had a key ally in his bid to reopen the case: an independent
firearms expert who was involved in the '92 trial. He found David
Townshend's name in a law journal in 2009 and wrote to him from prison. Townshend agreed to help. He recalled that the bullets originally
presented to him by police appeared to be in excellent shape with no
trace of blood, bone or hair that would suggest they were removed from
the victim's brain and spine.
Townshend said they didn't resemble the actual bullets that were locked away in police storage and produced just two years ago. "Townshend's a hero," Moran said. "He was willing to put his reputation on the line."
The entire story can be found at:
https://www.forensicmag.com/news/2017/05/bullet-tests-clear-detroit-man-prison-1992
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.
