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"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;
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PASSAGE OF THE DAY: "Prosecutors said Daniels had suffocated Brastow with a sock. Defense attorneys noted that Brastow had alcohol and drugs in her system and could have choked on her own vomit. Prosecutors defended their evidence disclosures in the case by arguing that that the defense already had the key information, albeit not in as much detail. A judge rejected that argument in an order in 2014, singling out Ganz for appearing to have a "prosecutorial attitude either incapable of or disinterested in maintaining the minimum ethical standards that all prosecutors are sworn to uphold." Still, Solano County Judge Daniel Healy declined to dismiss the case against Daniels."
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GIST: "A prosecutor is facing
disciplinary charges of intentionally withholding evidence that could
have helped a defendant in a murder case, the State Bar of California
announced Monday.
Andrew Ganz is now a prosecutor
in San Francisco, but the charges stem from a case he handled while with
the Solano County district attorney's office. "Mr. Ganz absolutely did
not do the things the state bar claims that he did, and we look forward
to proving that in court," said Al Giannini, an attorney for Ganz. A
spokesman for the San Francisco
district attorney's office, Max Szabo, said the office was aware of the
state bar's filing and would be monitoring developments. Disciplinary
charges against
prosecutors are rare. Misconduct can include using false evidence or
making inflammatory statements. The National Registry for
Exonerations says misconduct by prosecutors or other officials was a
factor in more than half of the nearly 2,200 exonerations it has tracked
since 1989. Less than 2 percent of prosecutor
misconduct cases result in sanctions, and when they do, the sanctions
are usually minor, according to the Center for Prosecutor Integrity. In
California, courts found prosecutorial misconduct in 707 cases between
1997 and 2009, but only six of those prosecutors were disciplined by the
State Bar, according to a 2010 study by the Northern California
Innocence Project at Santa Clara Law School. Ganz is accused of
suppressing
evidence during the prosecution of Michael Daniels, who was accused of
killing his girlfriend, Jessica Brastow, in a Vallejo hotel room in
2012. A jury acquitted Daniels of murder in 2014. A Solano County
pathologist gave
prosecutors "detailed and specific information and reasons" during a
meeting about why their theory of the manner of death was
unsubstantiated and she would not list the death as a homicide,
according to the charges. Ganz should have disclosed that information to
the defense, but did not, and allowed the pathologist to falsely
testify during a preliminary hearing that she had not met with
prosecutors, the State Bar said. Ganz will be permitted to respond to
the charges in writing. He faces discipline ranging from a reprimand to
disbarment. Prosecutors said Daniels had
suffocated Brastow with a sock. Defense attorneys noted that Brastow had
alcohol and drugs in her system and could have choked on her own vomit.
Prosecutors defended their
evidence disclosures in the case by arguing that that the defense
already had the key information, albeit not in as much detail. A judge
rejected that argument in
an order in 2014, singling out Ganz for appearing to have a
"prosecutorial attitude either incapable of or disinterested in
maintaining the minimum ethical standards that all prosecutors are sworn
to uphold." Still, Solano County Judge Daniel Healy declined to dismiss
the case against Daniels."
The entire story can be found at:
http://www.sanluisobispo.com/
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
The entire story can be found at:
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
