Letitia Smallwood: New Jersey; Outdated arson 'science.' Worthy of our 'Enough to make one weep' department: 42 years in prison following conviction based on science now recognized to be flawed; Released after entering a plea agreement. (A common theme in our posts in cases like this). But at least she is free. (After spending almost a half century behind bars.)..."Marissa Bluestine, executive director of the Pennsylvania Innocence Project, said when asked about the resolution of the case. Bluestine's organization represented Smallwood in her appeals. "She has been suffering under this for more than 40 years," Bluestine added. "She wanted to have it come to an end."

PASSAGE OF THE DAY: "Judge Anne E. Lazarus found Smallwood had waited as much as 15 years too long to appeal based on the supposedly newly-discovered evidence that the fire probe was faulty. Even so, Lazarus wrote, "This case is deeply troubling on several levels. It seems axiomatic that a jury hearing Smallwood's statements and evidence in light of the uncertainty of the origin of the fire might well reach a different conclusion as to Smallwood's guilt than that determined by the original jury."

STORY: "Letitia Smallwood is finally a free woman, 45 years after conviction for setting fatal Carlisle fire," by reporter Matt Miller, published by pennlive.com on May 10, 2018.

PHOTO CAPTION: "A plea agreement has finally guaranteed Letitia Smallwood won't be going back to prison 45 years after she was convicted of setting a fire in Carlisle that killed two people."

GIST: "A Carlisle woman who spent 42 years in prison after being convicted of setting a fire that killed two people can finally consider herself to be free. In fact, Letitia Smallwood, now 64, isn't even on supervised probation anymore. The state Supreme Court put the final period on Smallwood's case Thursday, dismissing her last appeal after noting a plea agreement has made that challenge moot.

Smallwood struck that deal last month, pleading no contest to two murder charges and a burglary count. In return, Cumberland County President Judge Edward E. Guido sentenced her to 19 to 40 years in prison on the murder counts, making her eligible for immediate parole. Guido tagged on a 9-year probation term for the burglary. Last week, Guido modified his sentence to take Smallwood off supervised probation. "This is what Ms. Smallwood wanted to do," Marissa Bluestine, executive director of the Pennsylvania Innocence Project, said when asked about the resolution of the case. Bluestine's organization represented Smallwood in her appeals. "She has been suffering under this for more than 40 years," Bluestine added. "She wanted to have it come to an end." A long and winding road led to that ending. It began in 1972, when Smallwood was charged with setting fire to an apartment building on North Pitt Street. Steven Johnson, 26, and Paula Wagner, 23, died as a result of that blaze. Smallwood was arrested after police received a report she had threatened Wagner's boyfriend the afternoon before the fire. A county jury convicted her after a two-day trial in 1973 and Smallwood was sentenced to life behind bars. Fast forward to April 2015. Innocence Project attorneys convinced Guido to vacate Smallwood's sentence and grant her a new trial. Their argument on appeal was the police investigation of the cause of the fire was flawed because it relied on scientific methods that have since been discredited. Guido's ruling let Smallwood out of prison to live with family in Carlisle while prosecutors decided on their next move. That move was an appeal to the state Superior Court. In February 2017, after Smallwood had been out of prison for 20 months, a Superior Court panel ruled that Guido had been wrong to grant the new trial.  Judge Anne E. Lazarus found Smallwood had waited as much as 15 years too long to appeal based on the supposedly newly-discovered evidence that the fire probe was faulty. Even so, Lazarus wrote, "This case is deeply troubling on several levels. It seems axiomatic that a jury hearing Smallwood's statements and evidence in light of the uncertainty of the origin of the fire might well reach a different conclusion as to Smallwood's guilt than that determined by the original jury." Smallwood remained free as her attorneys appealed the Superior Court decision to the Supreme Court, but her fate remained iffy at best until the plea deal closed the case for good. Bluestine praised the Cumberland County District Attorney's Office for being willing to work with her group on that agreement. "We feel it really does serve justice," she said. Chief Deputy District Attorney Charles Volkert Jr., who handled the plea and sentencing hearing, wasn't immediately available for comment. Bluestine said Smallwood has remained in Carlisle, where she is active in food pantry and other community programs to help the poor. "She's even teaching Braille to people because she learned it in prison," Bluestine said.

"It's her home. It's where she grew up," Bluestine added. "The community has welcomed her back." "

The entire story can be found at:

http://www.pennlive.com/news/2018/05/letitia_smallwood_is_finally_a.html

Read  Innocence Project note - 'How reliable is the evidence we use to convict- (Alejandra de la Fuente)  at the link below: "Besides flaws in the significance assigned to results of forensic testing, there are also some fields of forensic science that were previously so plagued with errors that they have had to have been almost completely rewritten. The most noteworthy example is that of arson science. Cases from Cameron Todd Willingham, to David Lee Gavitt, to the very current case of Letitia Smallwood have all been questioned due to the flawed arson science used in their convictions. Arson science from previous decades was actually considered more of an “art”. Rather than experimenting and training, older arson science was based on certain types of burn marks that were thought to indicate arson. However, more recent science, in which researchers set actual fires and observe them, reveals that these same marks appear in accidental fires as well. Arson science reminds us that just because a certain forensic test is considered “science” doesn’t necessarily make it truly “scientific”."

 http://floridainnocence.org/content/?p=12097

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.