QUOTE OF THE DAY: "The situation, in general, is a very unfortunate one and we don't want to deny the impact that that whole ordeal had on him and his family," Common Council President Ashanti Hamilton said. He said he thinks government is reaching a point where there is a recognition that decisions in the justice system are having a huge impact on communities and institutions financially. "I think we're getting to a point where it's actually more beneficial for us to deal justly with people as opposed to simply getting convictions," he said. "We don't want to be that kind of system, we don't want to be the type of system that's hellbent on locking people up as opposed to receiving and administering justice."
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PASSAGE OF THE DAY: " Stinson was 20 years old when he says he was framed by detectives and dentists who provided expert opinions for the beating death of his 62-year-old neighbor and sentenced to life in prison. The Wisconsin Innocence Project helped free him in 2009 after a panel of forensic experts called the dentists' conclusions in Stinson's case unfounded and when DNA tested from the victim's clothing did not match Stinson. Stinson eventually got $115,000 from the State of Wisconsin. He sued the city, the detectives and the dentists that year. After a decade of pretrial litigation and appeals, the case went to trial in federal court last month. Stinson's lawyers presented evidence that detectives James Gauger and Thomas Jackelen, long deceased, had suspected Stinson and his friends in a different homicide two years earlier. One of the friends testified that he was 17 when he finally agreed to sign a false statement implicating the others after the detectives questioned him for seven hours. He recanted and none of the group was ever formally charged in that case. When Ione Cychosz was found dead near Stinson's home in November 1984 there was little evidence. DNA was not used at the time. But there were several apparent human bite marks on her body. The medical examiner asked Lowell Johnson, who taught at the Marquette dental school and was promoting techniques and theories in forensic dentistry, to take a look. Johnson believed whoever made the marks was missing an upper right incisor, something the detectives knew before they interviewed Stinson. When they noticed he was missing an upper right front tooth, they zeroed in on him as the only real suspect. He denied killing Cychosz and agreed to let Johnson make detailed photographs and molds of his teeth, which Johnson later used, in connection with photos and a model of the victim's breast, to conclude only Stinson could have made the marks. A colleague in the fledgling field in of bite mark evidence, Raymond Rawson of Las Vegas, said he agreed. A prosecutor, who later admitted his gut feeling was that Stinson did not kill Cychosz, was persuaded to charge him with murder based on the two experts' opinions."
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STORY: "Settlement calls for Milwaukee to pay $7.5 million to man convicted based on bogus bite mark evidence," by reporters Alison Dirr and Bruce Vielmetti, published by The Milwaukee Journal Sentinel on July 11, 2019.
GIST: "The
City of Milwaukee would pay $7.5 million to a man wrongfully
incarcerated for 24 years based on bogus bite mark evidence, under a
resolution before the Common Council. Robert
Lee Stinson, 54, agreed to settle his claims against the city and one
of its former police detectives for an initial payment of $3.5 million
in August and $4 million in January, the resolution states. The settlement was reached
after about eight days in a jury trial over his claims that detectives
and dentists conspired to frame him in his neighbor's homicide using the
bite mark evidence. “Mr. Stinson waited a very
long time for this trial — 34 years since his arrest and nearly 10 years
since filing his civil rights lawsuit seeking redress for his wrongful
conviction," said Heather Lewis Donnell, one of his attorneys with the
Chicago law firm Loevy and Loevy. "Over the
course of the week-and-half trial, the jury heard very powerful and
moving testimony that convinced all sides that substantial compensation
was in order. This is certainly the largest wrongful conviction
settlement that Milwaukee has ever seen and one of the largest civil
rights settlements as well.” The city's largest prior payout for wrongful conviction was $6.5 million to Chante Ott, who spent 13 years in prison for a homicide actually committed by serial killer Walter Ellis. The
city, which is self-insured, will have to borrow the money to pay
Stinson because it has already exhausted the funds in its account for
damages and claims. "The situation, in general, is
a very unfortunate one and we don't want to deny the impact that that
whole ordeal had on him and his family," Common Council President
Ashanti Hamilton said. He
said he thinks government is reaching a point where there is a
recognition that decisions in the justice system are having a huge
impact on communities and institutions financially. "I
think we're getting to a point where it's actually more beneficial for
us to deal justly with people as opposed to simply getting convictions,"
he said. "We don't want to be that kind of system, we don't want to be
the type of system that's hellbent on locking people up as opposed to
receiving and administering justice." Stinson
was 20 years old when he says he was framed by detectives and dentists
who provided expert opinions for the beating death of his 62-year-old
neighbor and sentenced to life in prison. The
Wisconsin Innocence Project helped free him in 2009 after a panel of
forensic experts called the dentists' conclusions in Stinson's case
unfounded and when DNA tested from the victim's clothing did not match
Stinson. Stinson eventually got $115,000 from the State of Wisconsin. He sued the city, the detectives and the dentists that year. After a decade of pretrial litigation and appeals, the case went to trial
in federal court last month. Stinson's lawyers presented evidence that
detectives James Gauger and Thomas Jackelen, long deceased, had
suspected Stinson and his friends in a different homicide two years
earlier. One of the friends testified that he was
17 when he finally agreed to sign a false statement implicating the
others after the detectives questioned him for seven hours. He recanted
and none of the group was ever formally charged in that case. When
Ione Cychosz was found dead near Stinson's home in November 1984 there
was little evidence. DNA was not used at the time. But there were
several apparent human bite marks on her body. The medical examiner
asked Lowell Johnson, who taught at the Marquette dental school and was
promoting techniques and theories in forensic dentistry, to take a look. Johnson
believed whoever made the marks was missing an upper right incisor,
something the detectives knew before they interviewed Stinson. When they
noticed he was missing an upper right front tooth, they zeroed in on
him as the only real suspect. He
denied killing Cychosz and agreed to let Johnson make detailed
photographs and molds of his teeth, which Johnson later used, in
connection with photos and a model of the victim's breast, to conclude
only Stinson could have made the marks. A colleague
in the fledgling field in of bite mark evidence, Raymond Rawson of Las
Vegas, said he agreed. A prosecutor, who later admitted his gut feeling
was that Stinson did not kill Cychosz, was persuaded to charge him with
murder based on the two experts' opinions. Just before closing arguments in the civil case, the parties announced a settlement but declined any comment whatsoever. While
the city records show what it will pay for itself and retired detective
James Gauger, there is no indication what the dentists agreed to pay.
Their attorneys, Jason Franckowiak and Patrick Sullivan, did not return
messages. The
settlement has been assigned to the Judiciary and Legislation Committee,
which meets on July 22, and the Finance and Personnel Committee, which
meets on July 24. The Common Council next meets July 30."
https://www.jsonline.com/story/news/local/milwaukee/2019/07/11/milwaukee-pay-7-5-million-wrongfully-convicted-man/1673834001/
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;