QUOTE OF THE DAY: "In addition to
the withheld police report and supporting affidavits,
Hill presented an
affidavit from Dr. Martin, recanting her testimony that Domika’s death
was a homicide. Dr. Martin said that, “based in part of my experience as
a forensic pathologist over the past 25 years, as well as the
scientific literature now available that discusses more clearly the
characteristics of crushing injuries to the head in children, I believe
[the victim’s] head injury is much more consistent with a crush injury
then with inflicted impacts, and certainly more consistent with a crush
injury than with injuries seen in shaking or shaking/impact.”
-------------------------------------------------------------
PASSAGE ONE OF THE DAY: "
Hill was convicted of
capital murder based on forensic testimony that he had shaken his infant
daughter, causing a head injury that killed her. Crucial testimony came
from Teresa Dudley, Domika’s mother, and from Dr. Amy Martin, a deputy
coroner and forensic pathologist who performed Domika’s autopsy. On
appeal,
Hill presented a police report that had been withheld from his
defense team that suggested Dudley may have been involved in the child’s
death. He also submitted three affidavits – two from witnesses who saw
what appeared to be Dudley and a friend hiding Domika’s body, and one
from Dr. Martin stating that, based on changes in scientific literature,
her assessment of Domika’s injuries has changed."
PASSAGE TWO OF THE DAY: "In addition to
the withheld police report and supporting affidavits,
Hill presented an
affidavit from Dr. Martin, recanting her testimony that Domika’s death
was a homicide. Dr. Martin said that, “based in part of my experience as
a forensic pathologist over the past 25 years, as well as the
scientific literature now available that discusses more clearly the
characteristics of crushing injuries to the head in children, I believe
[the victim’s] head injury is much more consistent with a crush injury
then with inflicted impacts, and certainly more consistent with a crush
injury than with injuries seen in shaking or shaking/impact.” The
doctor’s new statement is consistent with
Hill’s claim at the time of
trial that he had fallen from a retaining wall while holding his
daughter and that his knee had landed on her head. Martin’s statement
also reflects the change in scientific consensus regarding “shaken baby
syndrome,” a diagnosis that has sent hundreds of parents and caregivers
to prison, including some to death row, but has now been debunked in
medical and legal journals."
PASSAGE THREE OF THE DAY: "
POST: "Federal Court Overturns Ohio Shaken-Baby Conviction
and Death Sentence Based on Withheld Evidence," published by The Death
Penalty Information Center on April 30, 2019.
GIST: A federal district court has overturned the conviction of Genesis
Hill who was sentenced to death in
Ohio
in 1991 for the death of his six-month-old daughter, Domika, based upon
a questionable shaken-baby diagnosis. On April 24, 2019, Chief Judge
Edmund A. Sargus, Jr. of the U.S. District Court for the Southern
District of Ohio found that Ohio prosecutors had unconstitutionally
withheld exculpatory evidence that called into question the credibility
of a key witness and the testimony of the state’s forensic expert at
trial. That evidence and several new affidavits produced by the defense,
Chief Judge Sargus said, demonstrate that Domika’s death was most
likely accidental and that no reasonable juror exposed to all the
evidence would have found
Hill guilty.
Hill was convicted of
capital murder based on forensic testimony that he had shaken his infant
daughter, causing a head injury that killed her. Crucial testimony came
from Teresa Dudley, Domika’s mother, and from Dr. Amy Martin, a deputy
coroner and forensic pathologist who performed Domika’s autopsy. On
appeal,
Hill presented a police report that had been withheld from his
defense team that suggested Dudley may have been involved in the child’s
death. He also submitted three affidavits – two from witnesses who saw
what appeared to be Dudley and a friend hiding Domika’s body, and one
from Dr. Martin stating that, based on changes in scientific literature,
her assessment of Domika’s injuries has changed. The Court found that
the new evidence established
Hill’s “actual innocence” and overcame
procedural roadblocks that would otherwise have required the court to
deny his petition as untimely. The withheld police report
contains the account of the first officer who responded to the report of
a missing child. The officer said that Dudley ran from police when they
arrived at the scene, a fact not presented at
Hill’s trial. A day
before Domika’s body was found, Dudley repeatedly implored police to
check in the location where the girl’s body was eventually discovered.
Two new affidavits also support the theory that Dudley was involved in
Domika’s death, or at least in hiding her body and blaming the death on
Hill. Two witnesses who did not testify at
Hill’s trial reported that
they had seen Dudley and a friend of hers carrying a brown Similac baby
formula box down the street toward the alley in which Domika’s body was
later discovered. The baby was found inside a Similac box. One of the
witnesses also said in an affidavit that the day before Domika’s body
was found, Dudley told her that Domika was dead. In addition to
the withheld police report and supporting affidavits,
Hill presented an
affidavit from Dr. Martin, recanting her testimony that Domika’s death
was a homicide. Dr. Martin said that, “based in part of my experience as
a forensic pathologist over the past 25 years, as well as the
scientific literature now available that discusses more clearly the
characteristics of crushing injuries to the head in children, I believe
[the victim’s] head injury is much more consistent with a crush injury
then with inflicted impacts, and certainly more consistent with a crush
injury than with injuries seen in shaking or shaking/impact.” The
doctor’s new statement is consistent with
Hill’s claim at the time of
trial that he had fallen from a retaining wall while holding his
daughter and that his knee had landed on her head. Martin’s statement
also reflects the change in scientific consensus regarding “shaken baby
syndrome,” a diagnosis that has sent hundreds of parents and caregivers
to prison, including some to death row, but has now been debunked in
medical and legal journals. Two people,
Sabrina Butler and
Rodricus Crawford, have been exonerated from death row after they were
wrongfully convicted of killing their children on the basis of false forensic testimony when the medical evidence showed no crime had occurred."
The district court ordered prosecutors to retry or release
Hill within 180 days. The state may appeal the ruling."
(Opinion and Order,
Genesis Hill v. Betty Mitchell, United States District Court for the Southern District of Ohio, April 24, 2019.) See
Innocence
The entire post can be read at:
https://deathpenaltyinfo.org/news/federal-court-overturns-ohio-shaken-baby-conviction-and-death-sentence-based-on-withheld-evidence
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/charlessmith. Information on "The
Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Please send any comments or information on other cases and issues of
interest to the readers of this blog to:
hlevy15@gmail.com. Harold
Levy: Publisher: The Charles Smith Blog;
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Tune into The Charles Smith Blog at:
http://www.smithforensic.blogspot.com
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