Sunday, November 4, 2018

Back in action: Catch-up; Rogoberto Avila; Texas; Judge says "new scientific evidence" which creates a compelling case for his innocence - after Avial has faced four execution dates on death row - and Texas' highest criminal court will weigh the recommendation...."In a 2001 trial, El Paso County prosecutors claimed Avila had killed his girlfriend’s infant son, Nicolas Macias, while babysitting him in 2000. Avila’s lawyers claimed he did not hurt the child and that the fatal injuries could have been caused by Nicolas’ 4-year-old brother. Prosecutors said it would have been practically impossible for a toddler to have caused such injuries so it must have been Avila. “There’s no other way the kid could have died,” prosecutors told the jury at trial. Judge Annabell Perez examined new scientific evidence and concluded that if that evidence had been available at trial it “probably would have led jurors to harbor reasonable doubt about his guilt” and that “the State presented false and misleading evidence and argument” that likely affected the jury’s judgment."

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: Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: Please send any comments or information on other cases and issues of interest to the readers of this blog to:  Harold Levy: Publisher; The Charles Smith Blog;