PUBLISHER'S
NOTE: In recent posts I focused on the U.S. Supreme Court decision
finally putting an end to the county's endless appeal of the federal
jury verdict for the reckless investigation that sent the wrong people
to prison for the 1985 rape and homicide of Helen Wilson. DNA testing
in 2008 cleared the six people who collectively spent more than 70
years locked up. I found it instructive from the perspective of this
Blog to return to the jury verdict as reported by the Omaha
World-Herald. What particularly struck me was reporter Joe Diggan's
lead: "A former Gage County, Nebraska, prosecutor decided against
running DNA tests in 1989 to help resolve unanswered questions in the
cold-case killing of a Beatrice grandmother."The $350 lab fees were
deemed too expensive. In view of the county's parsimony, which could
have prevented so much harm, I am particularly delighted by delighted
by The U.S. Supreme Court's decision to stick the county with the $28.1
million bill for damages. It looks good on them. I would also like to
see legislation which would take the decision as to whether to conduct
DNA testing away from prosecutors, and permit judges to refuse testing
only in the most narrow of circumstances. PS: Joe Duggan's story also
gets us thinking about one of the defendant's in the successful lawsuit -
Psychologist Dr. Wayne Price, as follows: "The clinical
psychologist also was a sworn reserve deputy who served as the forensic
psychologist for the Sheriff’s Office. He met with five of the
Beatrice Six after their 1989 arrests, suggesting to at least two of
them that they may have repressed their memories of the crime." Hmmmm.
How neat it would be to learn more about him!
Harold Levy. Publisher; The Charles Smith Blog.
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PASSAGE OF THE DAY: " White won a long legal fight for DNA testing on preserved crime scene evidence in 2008. The results overturned White’s conviction, and a subsequent multiagency task force investigation prompted official pardons for the five others.The tests also identified the killer as Bruce Allen Smith, a onetime Beatrice resident who died in 1992 in Oklahoma. Smith emerged as a suspect in 1985, but a mistake on a blood test led investigators to rule him out."
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STORY: "Beatrice Six win millions in civil rights claims, but 'no amount of money will replace years lost', one family says, by reporter Joe Duggan, published by The Omaha World-Herald onJuly 8, 2016.
https://www.omaha.com/news/
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
Harold Levy. Publisher; The Charles Smith Blog.
------------------------------
PASSAGE OF THE DAY: " White won a long legal fight for DNA testing on preserved crime scene evidence in 2008. The results overturned White’s conviction, and a subsequent multiagency task force investigation prompted official pardons for the five others.The tests also identified the killer as Bruce Allen Smith, a onetime Beatrice resident who died in 1992 in Oklahoma. Smith emerged as a suspect in 1985, but a mistake on a blood test led investigators to rule him out."
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STORY: "Beatrice Six win millions in civil rights claims, but 'no amount of money will replace years lost', one family says, by reporter Joe Duggan, published by The Omaha World-Herald onJuly 8, 2016.
GIST:
"A former Gage County, Nebraska, prosecutor decided against running
DNA tests in 1989 to help resolve unanswered questions in the cold-case
killing of a Beatrice grandmother. One reason? The $350 lab fees were
deemed too expensive. A federal court jury on Wednesday slammed Gage
County with a $28 million verdict for a reckless investigation that
sent the wrong people to prison for the 1985 rape and homicide of Helen
Wilson. DNA testing in 2008 cleared the six people who collectively
spent more than 70 years locked up. In 1989, investigators relied
heavily on confessions from three suspects with histories of mental
illness, two of whom told authorities that their memories came from
dreams and nightmares. And investigators proceeded with the
prosecutions even though none of the six perfectly matched the
perpetrator’s blood or could be conclusively tied to his semen. “They
stole my brother from me. And there’s no amount of money that could
replace the years that we lost from him,” said Nancy Aspinwall, the
sister of Joseph E. White, the only one of the six to refuse a plea
bargain. Her brother died in a workplace accident in 2011, less than
three years after winning his freedom. Gage County is now faced with
paying an award that exceeds its annual budget of $27 million,
according to documents filed with the state. The damages amount to
nearly $1,300 for each of the county’s roughly 21,900 residents. What’s
more, the county lacks the type of liability insurance needed to cover
damages from what equates to law enforcement malpractice, said Myron
Dorn, chairman of the Gage County Board. “From the county’s
perspective, I’d say it’s surprising,” he said. “We had not been
prepared for anything like this type of award.” The county’s elected
officials will meet with lawyers next week to decide whether to pursue
an appeal, he said. Jennifer Tomka, one of the attorneys who
represented the county, said she believes there are grounds to overturn
the jury’s unanimous decision. An appeal would eventually go before
the 8th U.S. Circuit Court of Appeals, where Gage County has been met
with unfavorable rulings in the past. Late last year, for example, the
appeals court reversed a lower court decision that said the county
could not be held liable for damages. Wednesday’s verdict at the
federal courthouse in Lincoln represents a milestone in an extremely
complex lawsuit that was filed in 2009. The case went to trial in 2014,
only to result in a hung jury. This time, deliberations stretched over
four days as nine women and three men weighed 18 days of testimony and
230 exhibits. They had to decide 60 individual claims before returning
their verdict. “I can’t explain how challenging it was,” juror Jason
Bartels said. He said no single action by the investigators swayed the
case for him. But he said he and the other jurors listened intently to
the evidence and tried their best to deliver a fair judgment. They
ordered payments of $7.3 million each to White, Thomas Winslow and Ada
JoAnn Taylor. James Dean and Kathy Gonzalez were each awarded $2.19
million, and Debra Shelden was awarded $1.8 million. The different
damage amounts reflect the time that each of the six spent locked up
for crimes they did not commit, the juror explained. White and Winslow
served 19 years each, Taylor 18 and the other three five years each.
The case stemmed from the 1985 rape and homicide of 68-year-old Helen
Wilson in her apartment near downtown Beatrice. In 1989, a jury
convicted White of first-degree murder, and his co-defendants either
pleaded guilty or no contest to reduced charges. White won a long
legal fight for DNA testing on preserved crime scene evidence in 2008.
The results overturned White’s conviction, and a subsequent multiagency
task force investigation prompted official pardons for the five
others. The tests also identified the killer as Bruce Allen Smith, a
onetime Beatrice resident who died in 1992 in Oklahoma. Smith emerged
as a suspect in 1985, but a mistake on a blood test led investigators
to rule him out. Sheriff Jerry DeWitt and Deputies Burt Searcey and
Wayne Price also were named as defendants in the case. DeWitt, who died
in 2012, was represented by his estate. Jurors were asked to decide
if the investigators from the Gage County Sheriff’s Office were
reckless, if they manufactured false evidence or if they engaged in a
conspiracy. The jury found in favor of the plaintiffs on some of the
reckless-investigation and false-evidence claims, but on none of the
conspiracy claims. Gage County was held liable, as were Searcey and
Price, both of whom remain employed by the Sheriff’s Office. However,
DeWitt’s estate was not found liable. Richard Smith, the former county
attorney who decided against running DNA tests in 1989, was not a
defendant because the law grants absolute immunity to prosecutors. The
six plaintiffs accused the investigators of coercing false confessions
and ignoring forensic evidence that proved they were not the
perpetrators. The investigators argued that the three cooperating
suspects were represented by legal counsel, that they made statements to
investigators voluntarily and that they swore under oath that they
were being truthful. Lawyer Herb Friedman, who represented plaintiff
Dean, said Wednesday’s verdict reinforced that police need to seek the
truth, not just arrests and convictions. “This type of conduct simply
isn’t going to be accepted. That was the strong message the jury sent
today,” Friedman said. Lois White of Holly Pond, Alabama, said she and
her late husband spent 19 years of vacations driving 1,800 miles
round-trip so they could visit their son in a Nebraska prison. Joseph
White was never bitter toward those who testified against him, she
said, but he wanted to hold the authorities responsible for abusing
their power. “Although that looks like a big amount of money, nothing
compares to the amount of heartache and suffering Joseph and our
family, and the families of the others, went through.”"
The plaintiffs
James Dean
Age arrested: 25 Served: 5 years
Judgment: $2.19 million
Kathy Gonzalez
Age arrested: 29 Served: 5 years
Judgment: $2.19 million
Debra Shelden
Age arrested: 30 Served: 5 years
Judgment: $1.8 million
Thomas Winslow
Age arrested: 23 Served: 19 years
Judgment: $7.3 million
Joseph E. White
Age arrested: 26 Served: 19 years
Judgment (to his estate): $7.3 million
Ada Joann Taylor
Age arrested: 25 Served: 18 years
Judgment: $7.3 million
* * *
The defendants
Jerry DeWitt:
He was Gage County’s sheriff, and records show that he was involved in
the investigation. He died in 2012 and was represented in the lawsuit
by his estate.
Burt Searcey:
He was the lead investigator. He still stands behind his investigation
and says he believes that the man whose DNA was identified in 2008 was
just the seventh perpetrator.
Dr. Wayne Price:
The clinical psychologist also was a sworn reserve deputy who served as
the forensic psychologist for the Sheriff’s Office. He met with five
of the Beatrice Six after their 1989 arrests, suggesting to at least
two of them that they may have repressed their memories of the crime.
Gage County:
In order to win their claim against the county, the plaintiffs needed
to prove that the wrongful convictions were the result of formal or
informal policies established by the sheriff.
The entire story can be read at:
The entire story 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/c
