Friday, December 29, 2017

Bulletin: Momentous Development; Kirstin Lobato: Nevada; Judge dismisses case and orders her to be freed. (Happy New Years Kirstin. HL); Reporter Caroline Bleakley. Published by on December 29, 2017.

Las Vegas Judge Elizabeth Gonzalez signed an order (December 29, 2017) today dismissing the case against Kirstin Lobato who was convicted of murder and spent more than 10 years in prison. The order also says Lobato will be released from the custody of the Nevada Department of Corrections. Lobato was convicted of killing a homeless and has been in prison since 2006. She was recently granted a new trial after a judge found ineffective counsel played a role in that conviction.untested DNA evidence will prove she didn't commit the crime. Lobato has always maintained she was 170 miles away when the crime occurred and believes untested DNA evidence will prove she didn't commit the crime. DNA evidence will prove she didn't commit the crime.freed/891558955

See earlier post of this Blog - December 21, 2017 -  at the link  below: "Kirstin Lobato: Nevada: Failure of defence counsel to effectively challenge prosecution's time of death a factor in order for new trial..."The Supreme Court ordered an evidentiary hearing late last year on 25 of the claims. The order called for a hearing on her counsel’s decision not to hire an expert witness to pinpoint the time of death."..." Attorney David Schieck, who was working as a public defender in Clark County during Lobato’s trial and took over the case from an experienced criminal defense attorney, testified that he should have more closely supervised two less-experienced attorneys who worked on the case. Schieck said the attorneys obtained an estimate of Bailey’s time of death from a forensic pathologist, but did not call the expert as a witness at trial. Miley noted in her decision that, contrary to the usual practice of giving experts all relevant information, Lobato’s less-experienced attorneys also provided their forensic pathologist with only five of about 300 photos of the Las Vegas crime scene and autopsy. “Mr. Schieck also made clear that any evidence that could have narrowed Bailey’s time of death to the late morning, afternoon or evening of July 8, 2001 would have been critical to Defendant’s alibi defense,” her order read. Four forensic experts for the defense, including a former Clark County medical examiner and a university professor of forensic pathology, testified that based on photos and reports indicating lack of blowfly egg colonization on Bailey’s body, the 44-year-old Las Vegas homeless man likely died about 9 p.m. on July 8, 2001."

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."