GIST: "As a judge weighs whether Greg Kelley will get a new trial, a new state
law will take effect in September that aims to help get convictions
right the first time. The Kelley case aside, people in Central Texas have seen several high-profile convictions overturned recently. Dan and Fran Keller were recently declared innocent after spending 23 years in prison accused
of child sex abuse. Michael Morton spent nearly 25 years behind bars
before being cleared of his wife’s murder. Then there’s Timothy Cole who
died in prison after being convicted of rape. DNA cleared him after his
death.
“If you don’t have the right guy, well, then the real right guy that should have been convicted, is out on the street,” said Sam Bassett, a criminal defense attorney in Austin and a member of the Timothy Cole Exoneration Review Commission, a select team formed to improve current policies and laws. The team made several recommendations that convinced lawmakers to pass House Bill 34 earlier this year. Starting in September, officers will be required to record audio for serious felony interrogations.
“It’s more time consuming so it has made it more difficult. But it’s also more valuable, you can find things that are helpful to your case,” said Bassett. Also, after a witness identifies a suspect, police will gauge how certain that witness is and make a record of it. It hopes to add facts about the process that can push subjective human factors out of the way of witness questioning and testimony.........Also set out in the new law, a defendant will be told if testimony comes from a jailhouse informant and what that informant got in return. The Texas Forensic Science Commission will be required to conduct a study on the use of drug field tests kits and another study on the way crime scene investigations are conducted. To read the full recommendations click here. According to the National Registry of Exonerations, Texas had the most exonerations in 2015. Since 1989, the state has had 323 exonerations. The data shows the majority of the exonerations were for drug cases. Only about 13 percent of the exonerations were for murder convictions."
The entire story can be found at:
“If you don’t have the right guy, well, then the real right guy that should have been convicted, is out on the street,” said Sam Bassett, a criminal defense attorney in Austin and a member of the Timothy Cole Exoneration Review Commission, a select team formed to improve current policies and laws. The team made several recommendations that convinced lawmakers to pass House Bill 34 earlier this year. Starting in September, officers will be required to record audio for serious felony interrogations.
“It’s more time consuming so it has made it more difficult. But it’s also more valuable, you can find things that are helpful to your case,” said Bassett. Also, after a witness identifies a suspect, police will gauge how certain that witness is and make a record of it. It hopes to add facts about the process that can push subjective human factors out of the way of witness questioning and testimony.........Also set out in the new law, a defendant will be told if testimony comes from a jailhouse informant and what that informant got in return. The Texas Forensic Science Commission will be required to conduct a study on the use of drug field tests kits and another study on the way crime scene investigations are conducted. To read the full recommendations click here. According to the National Registry of Exonerations, Texas had the most exonerations in 2015. Since 1989, the state has had 323 exonerations. The data shows the majority of the exonerations were for drug cases. Only about 13 percent of the exonerations were for murder convictions."
The entire story can be found at:
http://kxan.com/2017/08/04/in-september-new-law-aims-to-get-convictions-right-the-first-time/See kcntv (Greg Kelley) story: "D.A. apologizes for wrongful conviction in Texas assault case:
A Central Texas district attorney has apologized for what he says was the wrongful prosecution of a former high school football star accused of molesting a young boy. Greg Kelley remains in jail after a three-day review hearing that ended Friday. Kelley was convicted in 2014 of sexually assaulting a 4-year-old boy at an in-home day care center. Williamson County District Attorney Shawn Dick, who took office this year, agreed to re-open the case after new evidence pointed to another suspect. On Friday, Dick blamed prosecutors and investigators for wrongfully pushing for Kelley's conviction despite red flags. He also apologized to the family of the boy. Kelley could go free on bond later this month. Authorities have identified another suspect who police did not originally interview."
http://www.kcentv.com/news/local/da-apologizes-for-wrongful-conviction-in-texas-assault-case/462233441
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
