QUOTE OF THE DAY: "After being given alcohol and taking pills -- and having investigators threaten to charge Compton with the crimes -- Thomas told investigators the camera was turned on and he gave a "false" confession. "You don't put a steak in front of a dog and ask him not to bite at it when he’s hungry," Thomas told police in the LMPD investigator of arson investigators. "You don't do that to people, especially when you know the kind of situation that they're in and the things they're doing, the habits they have."
U.B. Thomas;
----------------------------------
GIST: "A Louisville man whose 2010 arson conviction was thrown out by a
judge last year because jurors never heard that investigators gave him
alcohol on the day he confessed has filed a federal lawsuit against the
city and several of the investigators involved. Last March, Jefferson Circuit Court Judge Olu Stevens vacated U.B. Thomas' conviction and 20-year-prison sentence,
ruling jurors in the 2010 trial should have been told that Thomas was
provided beer by Louisville arson investigators, calling it a
"significant development which creates a wide range of inferences about
the circumstances" of the confession. Thomas was released from prison after serving about eight years, but prosecutors plan to take his case to trial again. On
Friday, attorney Aaron Bentley, who represents Thomas, filed a lawsuit
in U.S. District Court in Louisville, alleging Louisville Metro Arson
Squad investigators “coerced” a guilty plea out of Thomas by providing
him alcohol and giving him access to pain pills. The lawsuit also
claims investigators bought Thomas’ girlfriend alcohol in exchange for
her testimony, though she denied Thomas had any role in the fires. During
Thomas’ interrogation, the first two hours were not recorded, and
several times he accessed a duffel bag he had with him containing
narcotics, according to the suit. After initially denying any
involvement in the fires, former Major Henry Ott, chief of
investigations for the Louisville Metro Arson Squad at the time,
provided Thomas with a 40-ounce beer despite knowing he was “an alcohol
and drug addict,” the suit claims. “After Thomas drank the malt
liquor and ingested the narcotic pain medication, he gave false
statements implicating himself in setting the fires,” according to the
suit. An investigation into the incident was hidden from Thomas’ trial
attorney, the suit claims. The lawsuit names Ott, fire Chief Gregory Frederick and others in the squad as plaintiffs. The city does not comment on pending litigation. Thomas has consistently claimed he was given alcohol during his confession and allowed to take prescription drugs from a bag he had with him. Investigators acknowledge Thomas was given beer, but only after he had confessed. In a court hearing in November 2016, Ott admitted investigators bought a beer for Thomas' girlfriend to get her to come to the police station and give a statement. They
then gave Thomas the rest of the 40-ounce beer, but Ott said it was not
part of any plot to coerce Thomas to confess. Ott has said it was an
act of kindness for a man who was likely going to prison. "I gave
the man a beer," Ott told investigators during a 2009 criminal
investigation by Louisville Metro Police. "I shouldn't have done it. I
won't do it again." Thomas' attorney at the time of the trial
failed to raise the issue, an error that likely "altered the outcome of
the trial," Stevens ruled last year "This is such an unusual and shocking development that it was bound to have impact upon the jury," Stevens ruled. In
the early morning hours of May 3, 2009, fires were set in rooming
houses on West Hill, East St. Catherine, Rowan and Duncan streets.
Thomas and his then-girlfriend, Colleen "Pebbles" Compton, lived in one
of the homes and were soon picked up by arson investigators. Ott admitted investigators bought alcohol for Compton in exchange for her speaking to investigators. After
being given alcohol and taking pills -- and having investigators
threaten to charge Compton with the crimes -- Thomas told investigators
the camera was turned on and he gave a "false" confession. "You
don't put a steak in front of a dog and ask him not to bite at it when
he’s hungry," Thomas told police in the LMPD investigator of arson
investigators. "You don't do that to people, especially when you know
the kind of situation that they're in and the things they're doing, the
habits they have." While in prison, Thomas wrote to the chiefs of
both the fire and police departments, complaining that he had been given
alcohol and access to medications during his interrogation. These
letters initiated a criminal investigation by the police department's
Public Integrity Unit. The department interviewed everyone involved and
confirmed that both Compton and Thomas were given alcohol, but
recommended that no charges be filed against investigators, because they
swore the alcohol was given after the confession. The lawsuit accuses investigators of withholding this investigation from Thomas’ trial attorney. “Defendant’s conduct was so oppressive that it shocks the conscience,” Bentley wrote in the suit. The lawsuit is seeking unspecified monetary damages and a jury trial."
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
