Sunday, March 24, 2019

Victor Rosario: Massachusetts: White Elephant Case? False confession case? Tainted arson Investigation Case? Law Firm issues release proclaiming: "Man, Wrongly Imprisoned for 3 Decades, Sues Cops and Firemen Who Framed Him."..." "Victor Rosario Attempted to save the victims of a house fire, but instead was convicted of causing their accidental deaths."..."Victor Rosario, a man who spent 32 years, more than half of his life in prison for crimes he didn’t commit, today filed state and federal lawsuits against Lowell, MA police and firemen who he said framed him for the arson deaths of eight people in a March 1982 house."

Image result for "white elephant"

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers, prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson; Think Gene Morrison. Think Michael West;   I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to   what I see as a major problem in all too many criminal justice jurisdictions - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;

PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects   are to widely used interrogation methods  such as  the notorious ‘Reid Technique.'"

Harold Levy: Publisher; The Charles Smith Blog:


PASSAGE ONE  OF THE DAY: "Rosario’s suit alleges the detectives usedoutright lies, coercion, threats, mistreatment, and sleep deprivation” to force Mr. Rosario into signing a false confession written in English, even though Mr. Rosario wasn’t literate in that language. Detectives withheld exculpatory physical and other evidence showing that the fire was almost certainly accidental, rather than arson, and that an alleged witness failed to identify Rosario in a photo array and gave a very different physical description of a possible suspect. Both the Massachusetts State Crime Lab and the FBI confirmed that there was no physical evidence of arson as alleged by the police, and explicitly told them that. Other exculpatory evidence withheld from Rosario’s defense team included other possible suspects identified by the police for the alleged arson, such as a death threat that someone made against one of the fire victims.  In addition, Lowell investigators later wrote a book about their arson investigations that  revealed that they had a financial incentive from insurers to conclude that arson was the cause of fires, but they did not disclose that fact to Mr. Rosario’s defense."


PASSAGE TWO OF THE DAY: "According to the suit, “To bolster their fabricated theory about the use of Molotov cocktails, Defendants staged the basement [of Rosario’s apartment building] to look like there were Miller beer bottles with the gas can and paint can (tipped over) and took photographs of that staged scene. In fact, when [the landlord] took police to the basement, he did not see a beer bottle near his gas can and paint, nor did [he] see the scene that was photographed to make it look like it could have been used to make Molotov cocktails.” Besides withholding evidence, detectives took the additional step of manufacturing fake evidence, producing an alleged witness statement written in English, even though the “witness” neither wrote nor spoke the language."


RELEASE: released by Loevy and Loevy, a self-described civil rights law firm: It's by Andy Thayer, published on March 21, 2019, bearing the sub-heading,

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.