PASSAGE OF THE DAY: "To meet Texas’s future-danger requirement, which would require checking and countering his years of good behavior, the state’s first move was to present testimony from Dr. Richard Coons, a psychiatrist who, over the years, had claimed Texas prisoners would be dangerous to those around them if not executed. It was no surprise that he did the same in Coble’s case. But, when scrutinized, it’s clear that Coons’ predictions more closely resembled backroom fortune telling than science. As Coons has now admitted, his testimony, in both Coble’s and previous capital trials, was not based on any peer-reviewed literature, field of study, or empirical research. Rather he himself admits, as the Texas Court of Criminal Appeals noted in 2010, to doing “‘it his way’ with his own methodology and has never gone back to see whether his prior predictions of future dangerousness have, in fact, been accurate.” Coons was a fraud, plying his trade to help Texas prosecutors secure death sentences. Texas’s second move to secure Coble’s death sentence was to present A.P. Merillat, a prison investigator, as yet another bona fide “expert.” For Texas prosecutors, Merillat played a similar role to that of Coons: to give juries a reason to believe a prisoner must be executed to prevent future danger to those around him. Merillat did so for years by enthralling juries with horror stories of prison violence. He also swayed juries by pointing out supposed loopholes that he claimed provided prisoners opportunities to commit violence if sentenced to life imprisonment instead of death. But Merillat has also been proven a fraud. In a pair of separate appeals we litigated on behalf of our clients Adrian Estrada in 2010 and Manuel Velez in 2012, Texas’s highest court found Merillat’s claims in each case demonstrably false. Merillat falsely conjured relaxed security restraints our clients would have enjoyed if not sentenced to death, restraints that would make letting them live more dangerous. When Coble’s death sentence was appealed in 2010, Texas’s highest court agreed that Coon’s predictions were unscientific and never should have been presented to the jury. But, in a curious twist, the court cited a technicality to uphold Coble’s death sentence. It found that the erroneously admitted testimony was harmless. I
RELEASE: "Texas Is Planning an Execution Based on Fraudulent Testimony," by Brian Stull, American Civil Liberties Union Capital Punishment Project, published on February 26, 2019.
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/