GIST: "It was Aug. 21, 2008. She died eight days later from a brain
hemorrhage that doctors said was inflicted by abuse. Her day care
worker, Stephanie Spurgeon, was convicted of manslaughter. The mother of
two was sentenced to 15 years in prison. Now Spurgeon wants a new trial. Her appellate lawyers will argue that
the forensic science that convinced a jury of her guilt is wrong. Maria likely died from a medical condition, they argue, not from physical injuries. Attorneys and scientists alike are challenging forensic science such
as bite-mark evidence, hair analysis and latent fingerprints that law
enforcement and prosecutors have long relied on to convict defendants. Spurgeon's case is part of a handful of child abuse cases being
challenged nationwide in light of medical research that shows illness
and other factors can also cause brain trauma in children, and not just
abuse. "We've learned a lot even in the last decade," said Joshua Tepfer, a
lawyer with the Exoneration Project who is representing Spurgeon. "We
have no doubt that this is a miscarriage of justice."• • • It was once called shaken baby syndrome: abusive head trauma that
occurs when a baby is shaken or handled violently, resulting in severe
brain injuries. But what, appellate attorneys are now asking the courts, if those
same injuries could have been caused by an accident? Or perhaps
undiagnosed illnesses such as diabetes? They argue that new medical
studies show that's a possibility. "We're often accused of being on the side of child abusers," said
Katherine Judson, litigation coordinator with the Wisconsin Innocence
Project. But in many such cases, she said, there is "very powerful evidence of innocence." That's why appeals like Spurgeon's have emerged as post-conviction
lawyers raise concerns about outdated science used in old trials. She is
being represented by the Innocence Project of Florida, the Exoneration
Project and the Wisconsin Innocence Project. Spurgeon's isn't the first abusive head trauma case to be challenged in Tampa Bay. In 2002, Pinellas-Pasco prosecutors dropped a murder charge against
David Raymond Long of Holiday after the new medical examiner, Dr. Jon
Thogmartin, determined his 7-month-old daughter died from pneumonia. That same year, John Peel of St. Petersburg, convicted of killing his
8-week-old son, was freed from prison after another review of the
baby's autopsy found no evidence of abuse. At least eight other similar cases have been overturned across the
country in the past decade, according to the National Registry of
Exonerations. Appeals of such cases face several hurdles, said Judson, who
specializes in abusive head trauma cases. They are often fraught with
emotion and can involve complicated science that is difficult to
untangle in court. "They're very, very challenging for lawyers," she said. "We're not doctors." She added: "We're really committed, all of us, to making sure good forensic science is what makes it into the courtroom."
The entire story can be found at:
http://www.tampabay.com/news/courts/criminal/child-abuse-cases-like-conviction-of-palm-harbor-day-care-owner-challenged/2329350The entire story can be found at:
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/c
