PASSAGE OF THE DAY: "The
big irony is that Gavitt's case was often raised when the Michigan
Legislature voted to pay people who were wrongly convicted. The law
started in 2017. "The general public would never
believe a man out for six years still hasn't gotten a penny from
anybody," Syed said. "He's working hard just to make ends meet. After
all he's been through, a lot of people wouldn't have their sanity.""
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QUOTE OF THE DAY: "Imran Syed, a law professor
who helped win Gavitt's release, believes Talbot is misinterpreting the
compensation law. "Everything they used against
David to say this fire was intentionally set was determined to be junk
science. When junk science disappears, that's it," Syed said."
-------------------------------------------------------------------
STORY: "Michigan man cleared of murder now fights for compensation, by Associated Press reporter Ed White, published by USA Today on March 4, 2018.
GIST: "David Gavitt spent 26 years in prison for the deaths of his wife and
two daughters before a prosecutor agreed that the evidence behind his
arson conviction was no longer credible. The case helped inspire a
Michigan law aimed at compensating the wrongfully convicted. Yet
the state now is vigorously resisting Gavitt's request for money, going
so far as to question whether he's really innocent. He would qualify
for more than $1 million. "My reaction? I don't
know how to put this — anger," said Gavitt, 59, who works the midnight
shift at a tub manufacturer. "It's like a slap in the face. ... I
thought we lived in America where the accused doesn't have to prove
innocence. They're judging me all over again." Gavitt's
claim under Michigan's Wrongful Imprisonment Compensation Act — $50,000
for each year in prison — would seem like a slam dunk. The evidence
used to convict him was thoroughly discredited through major advances in
fire science, and Ionia County prosecutor Ron Schafer in 2012 declined a
second trial. But Schafer's successor and the Michigan attorney general's office aren't convinced he should be paid. "Although
Mr. Gavitt is no longer guilty beyond a reasonable doubt of the crime
initially charged, there certainly is circumstantial evidence that supports he is not innocent of wrongdoing," prosecutor Kyle Butler said
in a letter to Attorney General Bill Schuette. Michigan
is among 32 states and the District of Columbia that provide money to
people who are rebuilding their lives after being wrongly convicted.
Perjury, bad evidence, sloppy police work — all have led to reversals,
sometimes after decades in prison. Gavitt
was convicted of arson and murder in 1986 in a tragedy that stunned the
small town of Ionia, 130 miles northwest of Detroit. His wife, Angie,
and their daughters, ages 3 and 11, died. Wearing only jeans, Gavitt was
rushed to a hospital where he spent weeks recovering from severe burns. He
insisted the fire in the living room was an accident. Gavitt and his
wife were smokers, and an ashtray was in the room. Angie also collected
lamps that burned oil. But
experts testified that burn patterns in the living room were typical of
an intentional fire and that traces of gasoline were detected. Gavitt's
appeals failed until the Innocence Clinic at University of Michigan law
school took his case in 2010. By then, the science of fire
investigations had dramatically changed. Different experts examined the
evidence from the 1985 blaze and refuted the arson theory presented at
trial. In agreeing to drop the convictions and life
sentence, Schafer said an intentional fire caused by gasoline could no
longer be verified. But at the same time he also noted there still were a
"great deal of questions" about what Gavitt did during that chaotic
night. Butler, who has been Ionia's prosecutor
since 2016, also apparently has doubts. He didn't respond to an
interview request but expressed concerns in his letter to the attorney
general. Judge
Michael Talbot, who is overseeing Gavitt's claim for payment, so far is
siding with the state. In a Jan. 8 decision, he said Gavitt still "must
present clear and convincing evidence" that he didn't kill his family. Gavitt's
attorney, J. Paul Janes, said the judge's ruling is a "complete
180-degree shift of the burden of proof." Imran Syed, a law professor
who helped win Gavitt's release, believes Talbot is misinterpreting the
compensation law. "Everything they used against
David to say this fire was intentionally set was determined to be junk
science. When junk science disappears, that's it," Syed said. The
big irony is that Gavitt's case was often raised when the Michigan
Legislature voted to pay people who were wrongly convicted. The law
started in 2017. "The general public would never
believe a man out for six years still hasn't gotten a penny from
anybody," Syed said. "He's working hard just to make ends meet. After
all he's been through, a lot of people wouldn't have their sanity.""
The entire story can be found at:
https://www.freep.com/story/news/local/michigan/2018/03/04/michigan-man-cleared-murder-now-fights-compensation/393427002/
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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please
send any comments or information on other cases and issues of interest
to the readers of this blog to: hlevy15@gmail.com. Harold Levy;
Publisher; The Charles Smith Blog.
