PUBLISHER'S NOTE: In the roughly 10 years since I began publishing The Charles Smith Blog some of the issues I have explored - as well as some of the cases I have been following - have become the subject matter of books. This prompted me recently - as I searched anxiously for ways of keeping me occupied during the languid summer hours - other than sitting on the patio, drinking a cool glass of white wine, and reading the latest Steven King - it occurred to me that a book review series based in my previous posts from the outset of the Blog would be just what the pathologist ordered. I would invite my readers to offer me their own suggestions for inclusion by email to hlevy15@gmail.com. Have a great summer.
Harold Levy: Publisher. The Charles Smith Blog.
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PASSAGE OF THE DAY: "Hinton was convicted in 1985 of the attempted murder of a restaurant manager in Alabama. At the time of the shooting, Hinton was on a night shift, cleaning a warehouse 15 miles away from where the attack happened. He worked in a secure facility in which everyone had to sign in and out. He had never been in trouble with the police or even in a fight at school. He was convicted, however, having been picked out of an identity parade by the restaurant manager, who survived. A gun was found at his mother’s house, one she had owned for years, and on this basis – though no ballistics expert appeared at the trial – Hinton was convicted not only of this crime, but also of two other similar murders in the area, and sentenced to death."
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BOOK REVIEW: "The Sun Does Shine by Anthony Ray Hinton with Lara Love Hardin, reviewed by Tim Adams, published by The Guardian, on March 26, 2018.
SUB-HEADING: An ex-death Row inmate's account of his decades-long struggle for justice is a tribute to friendship, faith - and a wonderful lawyer.
PHOTO CAPTION: ‘A remarkable man’: Anthony Ray Hinton, who spent nearly 30 years on death row for murders he didn’t commit."
GIST: "I first came across the name Anthony Ray Hinton when I wrote about the extraordinary civil rights campaigner Bryan Stevenson and his Equal Justice Initiative
based in Montgomery, Alabama. Stevenson, a black, Harvard-educated
lawyer who grew up in segregated Delaware, is a man of immense personal
courage. He has spent his working life practising out of an office over
the road from a former slave market, trying to right some of the
ingrained injustice of the penal system in the American south; in
particular, he has campaigned on behalf of young black men sentenced to
death, based on trials of dubious merit. He has saved more than 100 men
from the electric chair through forensic re-examination of evidence in
this way, as well as successfully campaigning to overturn a law that
allowed juveniles to be incarcerated, often in solitary confinement, for
life. Stevenson is the closest the real world offers to Atticus Finch –
except that his work never really has a beginning, a middle and an end. Anthony Ray Hinton’s story was perhaps the longest running
case on Stevenson’s books. Hinton was convicted in 1985 of the attempted
murder of a restaurant manager in Alabama. At the time of the shooting,
Hinton was on a night shift, cleaning a warehouse 15 miles away from
where the attack happened. He worked in a secure facility in which
everyone had to sign in and out. He had never been in trouble with the
police or even in a fight at school. He was convicted, however, having
been picked out of an identity parade by the restaurant manager, who
survived. A gun was found at his mother’s house, one she had owned for
years, and on this basis – though no ballistics expert appeared at the
trial – Hinton was convicted not only of this crime, but also of two
other similar murders in the area, and sentenced to death. When Stevenson took up the case in 1999, he engaged independent
firearms experts who unanimously agreed that Hinton’s mother’s gun was
not that used in the murders. It took another 16 years of contested
litigation, however, for Hinton’s case to be reheard by the Alabama
courts, and for his acquittal. During his time in jail, Hinton watched
54 men walk past his door on their way to be executed. His cell was 5ft
wide and 7ft long. The execution chamber was 30ft from where he was
held. In that time, Stevenson recalls in an introduction to this book,
Hinton became a remarkable man. “He learned to engage those around him
and create an identity on death row like nothing I’ve ever seen. Not
only did he shape the lives of other death row prisoners but also those
correctional officers who sought Mr Hinton’s advice on everything from
marriage and faith to the struggles of day-to-day life.” Hinton’s
account of the way he existed through what he called his “legal
lynching” is a story of forgiveness and struggle – and a story of
friendship and imagination. Lester Bailey had been Hinton’s first friend
when they were both four years old and their mothers let them play
together. He visited Hinton for 30 years and while their lives, inside
and outside jail, developed a horrible kind of asymmetry – Bailey got
married, had kids; Hinton just got older – they never lost their love
for each other. Lester had sat with him in the courtroom where, as he
was convicted, Hinton made a long speech asking for forgiveness for his
prosecutors, professing his faith in justice: “The police case is
closed. But God ain’t closed the case and he ain’t about to close it,”
he said. Lester nodded at him at that point. “The case was going to be
reopened by God, but Lester and I were going to give him every help we
could. It took nearly 14 years, Hinton believes, for God to do his stuff and
send Bryan Stevenson to his cell, and then nearly as many again for the
supreme court to rule unanimously that his case be reopened and for all
charges against him be dropped. In those years, he learned an awful lot
about time; how to bend and shape it. His wonderful memoir recreates
the ways he escaped from his cell in his head – had tea with the Queen
of England, married Halle Berry – and how he shared that possibility
with his fellow death row inmates. He persuaded the guards to let them
start a book group (inevitably, among the first up was To Kill a Mockingbird);
he mentored prisoners about the need to replace anger and despair with
hope and self-respect. On the day Stevenson came, though, he sank to his
knees and said a heartfelt prayer: “I trust things happen in your time,
Lord, so I’m not going to ask why you didn’t send Bryan earlier… [but]
take care of him because he is doing your work…”
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• The Sun Does Shine: How I Found Life and Freedom on Death Row by Anthony Ray Hinton with Lara Love Hardin is published by Rider (£16.99). To order a copy for £14.44 go to guardianbookshop.com or call 0330 333 6846. Free UK p&p over £10, online orders only. Phone orders min p&p of £1.99
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The entire review can be read at:
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• The Sun Does Shine: How I Found Life and Freedom on Death Row by Anthony Ray Hinton with Lara Love Hardin is published by Rider (£16.99). To order a copy for £14.44 go to guardianbookshop.com or call 0330 333 6846. Free UK p&p over £10, online orders only. Phone orders min p&p of £1.99
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The entire review can be read 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/