Thursday, December 21, 2017

Bulletin: Kirstin Lobato; Nevada; Major Development: The convicted killer of a homeless man in 2001 has been granted a new trial; Reporter Caroline Bleakley. Las Vegas Now; December 20, 2017..."She's maintained that she was 170 miles away when the crime occurred and believes untested DNA evidence will prove she didn't do it."

STORY: "A convicted killer sitting in a Nevada prison for a gruesome murder in 2001 is getting another shot at freedom. A judge has granted Kirstin Lobato's request for a new trial. Lobato has been in a Nevada prison since 2006, when she was convicted of brutally killing a homeless man. She's maintained that she was 170 miles away when the crime occurred and believes untested DNA evidence will prove she didn't do it."


See Wikipedia entry at the link below: "In May 2010, Lobato filed a writ of habeas corpus petition that asserted 79 grounds for a new trial. Among those was her claim of actual innocence based on new evidence discovered after her trial proving she was in Panaca, Nevada, during the time when Bailey was killed. Judge Vega denied Lobato's petition in June 2011.  Lobato appealed that ruling to the Nevada Supreme Court on August 1, 2011. In February 2011 Lobato filed a post-conviction petition for DNA testing of crime scene evidence. The Innocence Project agreed to pay for the testing if Lobato's petition was granted. The petition was opposed by the Clark County District Attorney's Office, and denied by Judge Vega. Lobato appealed that ruling to the Nevada Supreme Court, which on January 12, 2012 dismissed her appeal on the basis Judge Vega's ruling was not appealable under NRS 176.0918. After Lobato's DNA testing petition was denied, an online petition has called for the Nevada courts to test the crime scene evidence in Lobato's case, claiming it can prove she is an innocent person.[6] A book about the case, entitled Kirstin Blaise Lobato's Unreasonable Conviction by Hans Sherrer was published in May 2008 by the Justice Institute, and a second edition in November 2010.[14] As of March 17, 2015 more than 53,000 copies have been downloaded at no charge from the website, Justice Denied.[15] Retired FBI agent Steve Moore, noted for his advocacy on behalf of Amanda Knox, has referred to the case documents in the Lobato case as, "...complete and utter bullshit."[1] After having been charged with misconduct and publicly reprimanded by the Nevada Commission on Judicial Discipline, Judge Vega,[16][17] the judge in both of Lobato's trials, did not run for re-election in 2014 and stepped down from the bench in January 2015."

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: Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: Please send any comments or information on other cases and issues of interest to the readers of this blog to: Harold Levy; Publisher; The Charles Smith Blog."