PUBLISHER'S NOTE: This detailed, thorough opus, written by a top-notch criminal justice reporter, cries out to be read to the end. Although it defies 'reduction' I will highlight a few of its many memorable passages.
Harold Levy: Publisher. The Charles Smith Blog:
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STORY: "What Happened to Rachel Gray? Barry Jones Was Sent to Death Row for the Murder of a 4-Year-Old Girl. Did Arizona Get It Wrong?, by Liliana Segura, published by The Intercept on October 23, 2107.
GIST: "Since the day of his arrest in
1994, Barry Lee Jones has insisted he did not rape or kill his
girlfriend’s 4-year-old daughter, Rachel Yvonne Gray. Jailed on the same
day the child’s lifeless body arrived at a Tucson hospital, Jones
admitted she’d been injured on his watch, repeatedly saying she had
fallen from his parked yellow work van the day before, hitting her head.
Jones said Rachel told him a little boy had pushed her out. But even if
it was true, that did not explain the bruises covering her body, or the
abdominal injury that took her life. Almost no physical evidence linked Jones to Rachel’s injuries — and
there was nothing to show he was guilty of rape. But when children die
under mysterious circumstances, early suspicion typically falls on
the adults who were closest to them in their final hours. On that day,
witnesses said, that person was Jones. He and Rachel’s mother, Angela
Gray, were tried back to back in 1995; Gray was convicted of child abuse
but acquitted of murder. Jones was sentenced to die. After more than 20 years insisting upon his innocence, Jones won a
rare evidentiary hearing from a U.S. district judge, set to begin
October 30. Attorneys with the Arizona Federal Public Defender’s Office
plan to argue that Jones’s trial was fundamentally unfair, marred by
ineffective assistance of counsel in violation of his Sixth Amendment
rights. Moreover, they say, bad lawyering at the post-conviction level
left the trial attorneys’ failures unaddressed, resulting in a horrible
miscarriage of justice. If his lawyers succeed, Jones could win a new
trial — or even be released from prison. Poor defense representation and a lack of physical evidence are
both hallmarks of wrongful convictions. The files in Jones’s case
reveal many more. They show a rush to judgment, tunnel vision by the
Pima County Sheriff’s Department, and a shifting theory of the crime by
the state. Prosecutors relied on the most dubious kinds of evidence,
from flawed forensics to the eyewitness accounts of young children.
Vital pieces of evidence were lost, concealed, or never collected to
begin with. More recently, DNA testing on one key item has failed to
implicate Jones. In a state where eight people have been exonerated from death row,
Arizona prosecutors have fought against reopening Jones’s case, even as
the basis for his conviction has fallen apart. As his defense attorneys
argue, “Jones was convicted based on a very specific timeline, which was
grounded on a single factual premise: that Rachel was fatally injured
and sexually assaulted while she was alone with Jones on portions of
Sunday, May 1, 1994.” The total time frame was no longer than four
hours, during which Jones was seen taking the child on short trips in
his van. But several medical experts hired by defense attorneys have
concluded that Rachel’s fatal injury could not possibly have occurred
within the narrow window presented by the state. More significant still, in a recent letter to Jones’s lawyers, the
Arizona Attorney General’s Office conceded that the current Pima County
medical examiner “did not dispute the conclusions of your experts.” And
the forensic pathologist who took the stand against Jones in 1995 has
acknowledged that his testimony was flawed. Jones’s attorneys are
certain that if the case were tried again, “no juror acting reasonably
would ever find Jones guilty beyond a reasonable doubt.” For his part, Jones admits he was no upstanding citizen before he
went to prison. But he did not kill Rachel Gray. “I was guilty of a
lifestyle,” Jones told me. “I was a thief. I was a dope fiend. … I
wasn’t looking out for nobody but myself. And I hold myself responsible,
because she died under my roof, on my watch. … I blame myself every day
for that.”...(Read on: HL):
The entire story can be found at the link below:
The entire story can be found at the link below:
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