Monday, September 30, 2019

Mark Schand; Connecticut: Police manipulation of photo lineup - a factor in award of $27 million in his wrongful imprisonment lawsuit, The Hartford Courant reports..."In his lawsuit, Schand said police hid evidence, induced witnesses to lie and manipulated photographic displays of suspects."


PASSAGE OF THE DAY: ""In his lawsuit, Schand said Springfield police were troubled at the time by groups of young men from Hartford traveling to Springfield and becoming involved in altercations with local men. Information from a variety of sources suggested that, on the night of the shooting, a group from Hartford decided to rob a Springfield drug dealer and his associates after someone stole a gold chain from one of the Hartford men. The suit said Springfield detectives obtained multiple photographs of Schand, as well as dozens of other young men from Hartford. Perhaps because he was photographed by Hartford police wearing a then-popular style of sunglasses, a style that witnesses said might have been worn by the killer, the suit said that Springfield police began presenting Schand’s photographs to potential witnesses in ways that suggested his guilt. At one point, the suit claimed, Springfield detectives showed a photograph of Schand wearing the sunglasses to one of the drug dealers and told him that Schand “had shot Ms. Seymour.” The detectives then inserted the Schand photograph into a stack of photos, handed the stack to the drug dealer and asked him to see if he recognized the gunman. The drug dealer chose a photograph of Schand. Two decades later, amid efforts by Schand to overturn his conviction, several witnesses against him recanted their testimony, claiming that they were induced to lie by Springfield detectives."

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STORY: "$27M by federal jury in wrongful imprisonment lawsuit," by reporter  Josh Kovner, published by The Hartford Courant on Sept 23, 2019. (Josh Kovner covers child protection and social justice. He was part of the Pulitzer-winning team coverage of the Lottery shootings, and of the Pulitzer-finalist team coverage of the Sandy Hook school shootings. A story on a boy with autism, "Saving Evan," won a national award. Kovner is an adjunct faculty member at the University of New Haven.)


PHOTO CAPTION: "In this January 2018 file photo, Mark Schand, who spent 27 years in prison for a murder charge that was later dismissed, stands next to New Britain Mayor Erin Stewart, for the grand opening of Schand's new restaurant, Sweetwater Juice and Deli. A jury in Massachusetts Friday awarded Schand $27 million in a wrongful imprisonment lawsuit."
GIST: "A federal jury in Massachusetts has awarded $27 million to New Britain business owner Mark Schand, who spent 27 years in prison for a killing in Springfield he maintains he didn’t commit.
Schand had spent many of those years behind bars trying to prove his innocence. His case caught the attention of a New-Jersey based ministry, which worked with his lawyers to free him from prison five years ago. The verdict came down Friday in federal court in Springfield in favor of Schand, now 55, who has said he was hurt most by the lost opportunity to watch his three children grow up. He was released from prison in 2013 after prosecutors dropped the charges. Schand, who runs Sweetwater Juice and Deli, a popular smoothie shop in downtown New Britain, had sued several now-retired Springfield police officers he says framed him for the 1986 killing of a woman outside a city club. Police have defended the integrity of their investigation. The city of Springfield will appeal the verdict on behalf of the defendants, officials said. A former Hartford resident, Schand was convicted and sentenced to life without parole for killing Victoria Seymour, a 25-year-old innocent bystander who was hit by an errant bullet during the robbery of a drug dealer in September 1986. He was 21 at the time. In his lawsuit, Schand said police hid evidence, induced witnesses to lie and manipulated photographic displays of suspects. “The judge Friday apologized - that was the first time in the halls of justice that it was acknowledged someone did something wrong,” Schand said Monday at Sweetwater. As he made wraps, paninis and smoothies, Schand reflected on what the verdict  might mean.“Nothing is going to change much. It’s only money, I don’t have it yet and I don’t know if I ever will," Schand said, noting that Springfield has said it will appeal. Schand said anyone who envies him for the award isn’t familiar with prison life. “I can tell you, if you had offered me a deal to spend 27 years in prison and get $27 million, I wouldn’t have taken it - not even if I was homeless,” he said. But Schand emphasized that he won’t let feelings about injustice and lost years ruin his remaining time. “People say ‘Why aren’t you angry, why are you always smiling?’ Anger is another prison and I’m not going to put myself in a prison,” Schand said. “And I’m not going to be just an angry black ex-con. “My family stayed with me all through this, so I’m lucky - I knew guys who hadn’t even been convicted yet and their families had left them. And this business is something personal," he said, looking around his shop. "I get to give nice, clean food. I get to know people personally. It’s nothing I can retire off, but it keeps me busy.” Several customers on Monday afternoon stopped to congratulate Schand, including at least one New Britain police officer and several other city workers. Schand is convinced the Springfield officers he sued deliberately framed him, but said he has a good relationship with most police. “SWAT officers come in here to get something, some other come in. If you set up 100 police, I bet 95 of them are decent people and some of the other five have situations going on,” he said. In January 2018, five years after his release from prison, dozens of relatives, friends, downtown workers and city politicians jammed into his tiny new shop on West Main Street to celebrate the grand opening of the business he’d dreamed about in prison. “When I went to prison I had two little sons and one unborn child — by the time I came out, they were 28, 29 and 30. I lost that time of being a father,” Schand said. “Nothing can pay me back for that.” He is now pursuing a goal that he had nurtured since early in his imprisonment. “This is part of the dream," Schand’s wife, Mia, said during the grand opening. “Mark is an entrepreneur, he wanted to have a business, and he talked about that in prison all those years.” In his lawsuit, Schand said Springfield police were troubled at the time by groups of young men from Hartford traveling to Springfield and becoming involved in altercations with local men. Information from a variety of sources suggested that, on the night of the shooting, a group from Hartford decided to rob a Springfield drug dealer and his associates after someone stole a gold chain from one of the Hartford men. The suit said Springfield detectives obtained multiple photographs of Schand, as well as dozens of other young men from Hartford. Perhaps because he was photographed by Hartford police wearing a then-popular style of sunglasses, a style that witnesses said might have been worn by the killer, the suit said that Springfield police began presenting Schand’s photographs to potential witnesses in ways that suggested his guilt. At one point, the suit claimed, Springfield detectives showed a photograph of Schand wearing the sunglasses to one of the drug dealers and told him that Schand “had shot Ms. Seymour.” The detectives then inserted the Schand photograph into a stack of photos, handed the stack to the drug dealer and asked him to see if he recognized the gunman. The drug dealer chose a photograph of Schand. Two decades later, amid efforts by Schand to overturn his conviction, several witnesses against him recanted their testimony, claiming that they were induced to lie by Springfield detectives. Schand was released from custody on Oct. 4, 2013, after years of argument by his attorneys, John and Linda Thompson, and investigators and lawyers with nonprofit, New Jersey-based Centurion Ministries. In 2015, Centurion won the release from a life sentence in Connecticut of Richard Lapointe. Lapointe, who has a mental handicap, was determined by the state Supreme Court to have been wrongly convicted of the murder of his wife’s 88-year-old grandmother more than two decades earlier. Schand has helped Lapointe transition to life outside of prison."

The entire story can be read at:
https://www.courant.com/news/connecticut/hc-news-mark-schand-wrongful-imprisonment-lawsuit-20190923-gz72zjdlfbaclbmmiui5beptce-story.html

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;

Sunday, September 29, 2019

Cognitive bias: Statement: 'Forensic Science International' is a well-established peer-reviewed journal. Question: What is its most downloaded article? Answer: It's entitled, “Cognitive bias research in forensic science: A systematic review.” Its authors (And kudos to them): "Innocence Project staff members Glinda Cooper, director of science and research, and Vanessa Meterko, research analyst. Read summary of methology and findings in this post. Link provided (thanks to the Innocence Project) to the entire article.


PASSAGE OF THE DAY: "We found 29 studies covering 14 different forensic disciplines (e.g., fingerprint analysis, handwriting analysis). The results of the studies were very consistent: even well-trained, well-intentioned forensic scientists are not immune to confirmation bias, which can lead to inaccurate analyses. The studies further supported several measures scientists and laboratories can take to protect against confirmation bias. Many of these protections involve limiting the amount of unnecessary information that scientists receive. For example, a scientist does not need to know that a suspect confessed in order to compare that suspect’s handwriting sample to handwriting left at the scene of a crime. In fact, knowing that the suspect confessed might inadvertently influence the scientist to incorrectly conclude that the samples match. Another protection strategy is to use a forensic evidence lineup, much like an eyewitness lineup. If a scientist directly compares a crime scene fingerprint to a known suspect’s fingerprint, they might incorrectly conclude that the prints match. Embedding a suspect’s fingerprint in a lineup of other fingerprints can ensure that the scientist is not inadvertently influenced by the knowledge of which print belongs to the suspect. The Innocence Project encourages forensic science laboratories to adopt procedures like these that protect the integrity of forensic evidence."

JOURNAL ARTICLE: “Cognitive bias research in forensic science: A systematic review,” co-authored  by Innocence Project staff members Glinda Cooper, director of science and research, and Vanessa Meterko, research analyst, published by Forensic Science International in April 2019. (Thanks to Dr. Mike Bowers (CSI DDSL Forensics and Law in Focus) for bringing this important article to our attention. HL);

GIST: (Short Summary):  "Can confirmation bias (the tendency for people to seek out and remember information that matches their initial impressions or beliefs and to discount contradictory information) affect the evaluation of forensic evidence? If so, are there ways to reduce its impact in casework? Those are the questions we set out to answer in authoring, “Cognitive bias research in forensic science: A systematic review.” To answer these questions, we gathered all studies we could find about confirmation bias in forensic science. We found 29 studies covering 14 different forensic disciplines (e.g., fingerprint analysis, handwriting analysis). The results of the studies were very consistent: even well-trained, well-intentioned forensic scientists are not immune to confirmation bias, which can lead to inaccurate analyses. The studies further supported several measures scientists and laboratories can take to protect against confirmation bias. Many of these protections involve limiting the amount of unnecessary information that scientists receive. For example, a scientist does not need to know that a suspect confessed in order to compare that suspect’s handwriting sample to handwriting left at the scene of a crime. In fact, knowing that the suspect confessed might inadvertently influence the scientist to incorrectly conclude that the samples match. Another protection strategy is to use a forensic evidence lineup, much like an eyewitness lineup. If a scientist directly compares a crime scene fingerprint to a known suspect’s fingerprint, they might incorrectly conclude that the prints match. Embedding a suspect’s fingerprint in a lineup of other fingerprints can ensure that the scientist is not inadvertently influenced by the knowledge of which print belongs to the suspect. The Innocence Project encourages forensic science laboratories to adopt procedures like these that protect the integrity of forensic evidence."





Access to the full article can be found here.
 
https://www.innocenceproject.org/innocence-project-staff-article-forensic-science-international/

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;



























Saturday, September 28, 2019

Criminalizing abortion: Attacks on Science, Medicine and the Right To Choose...Are we moving towards the demise of Roe V. Wade? - and will more and more women who seek to exercise their right to choice be criminalized along the way? Spoiler: Author David Rosen, writes in CounterPunch that "The fate of Roe v. Wade is worse than you think."... Rosen provides a list of anti-abortion campaigns in the U.S. Its scope is alarming...HL).

 
PUBLISHER'S NOTE: I have taken on the  them of criminalizing reproduction - a natural theme for a Blog concerned with  flawed science in its myriad forms  and its flawed devotees (like Charles Smith), as I am utterly opposed to the current movement in the United States and some other countries - thankfully not Canada any more - towards imprisoning women and their physicians on the basis of sham science (or any other basis). Control over their reproductive lives is far too important to women in America or anywhere else so they can  participate  equally in the economic and social life of their nations without fear for  loss their freedom at the hands of political opportunists and fanatics. I will 
continue to follow relevant cases such as  Purvi Patel and Bei Bei Shuai - and the mounting wave of  legislative attacks aimed at chipping away at  Roe V. Wade and ultimately dismantling it.

Harold Levy: Publisher: The Charles Smith Blog;

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PASSAGE OF THE DAY: From a list of anti-abortion campaigns: "Criminalize pregnant women if the fetus dies due still-birth, miscarriage or neonatal deal resulting from a self-induced abortion, attempted suicide, accident or taking of an illegal drug (Idaho, Indiana) – dubbed “feticide” and include Jennie Linn McCormick, Purvi Patel and Bei Bei Shuni, among others."

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COMMENTARY: "The likely end to Roe V. Wade?" by reporter David Rosen, published by CounterPunch on September 13, 2019.  (according to a Wikipedia entry, CounterPunch is a magazine published six times per year[1] in the United States that covers politics in a manner its editors describe as "muckraking with a radical attitude".  David Rosen is the author of Sex, Sin and Subversion:  The Transformation of 1950s New York’s Forbidden into America’s New Normal (Skyhorse, 2015).
 
GIST: "The Trump regime, working closely with local and state antiabortion groups, is moving to reverse one of the most significant, progressive, Court decision, Roe v Wade (1973). Unfortunately, Roe is likely to be either severely revised or overturned given the religious-rights influence on the president and his administration, the Senate and two recent appointments to the Supreme Court.
The fate of Roe v. Wade is worse than you think.

***
A recently published book by Robin Marty and Jessica Mason Pieklo, The End of Roe v. Wade: Inside the Right’s Plan to Destroy Legal Abortion, warn readers that a woman’s right to the privacy of an abortion are numbered.  Most troubling, the authors make clear that while the likely end of Roeis at hand, it involves more than the end of Roe.
Two days after Richard Nixon’s inauguration, on the January 22, 1973, the Supreme Court issued its momentous Roe v. Wade decision legalizing a woman’s right to the privacy of an abortion. Justice Harry Blackmun noted, “… throughout the 19th Century prevailing legal abortion practices were far freer than they are today, persuades us that the word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn ….” The Roe decision forced 46 states to liberalize their abortion laws and remains the defining issue of the culture wars.
Marty and Pieklo show how a number of post-Roe Court decisions played critical roles in undercutting a woman’s right to an abortion. Planned Parenthood v. Casey (1992) is the most important because, while upholding the constitutional right to have an abortion, it introduced the “undue burden” standard permitting states to restrict abortions. Stenberg v. Carhart (2000) furthers the power of a state to restrict abortion so as to protect the rights of the fetus without regard to the health of the mother. However, Whole Woman’s Health v. Hellerstedt (2016) reaffirmed Roe, ruling that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion.
Nevertheless, as the authors argue, these cases are “a visible and blatant signal to antiabortion forces that Roe could be overturned in its entirety by the Court if the right case were brought before it.”
The religious right’s battle to evermore restrict a woman’s right to an abortion and, in time, overturn Roe is being played out on many fronts.  Among the antiabortion campaigns detailed in The End of Roe v. Wade are:

+  Prohibit federal funding for abortions (Washington, DC) – since the adoption of the Hatch Act (1976), there have been repeated efforts to prevent federal funds being used to pay for family planning, including restrictions on Title X, the Affordable Care Act (Obamacare) and in the District of Columbia.
+  Fetus pain (Nebraska) – anti-abortionists argued that a fetus could feel pain (e.g., from a needle) at 12 weeks; of 2019, 24 states had passed so-called 20-week fetal pain bans
+  Heartbeat bills (Ohio) – introduced in 2011 to ban abortions after 5th or 6th week of fetal inception; as of 2019, 13 states passed heartbeat bills.  The authors note: “With a newly mined conservative majority in the Supreme Court, the right is more convinced than ever that heartbeat bans will be the ultimate weapon to finally overturn Roe v. Wade.”
+  Medication abortion and “telemedicine” abortions (Wisconsin) – prevent use of RU-486 and other drugs that induce an abortion and allow video conferencing between doctor and patient (especially important for rural women); as of 2019, 17 states had laws blocking telemedicine conferencing related to abortion.
+  Mandatory waiting periods (South Dakota) – required follow-up doctor visits ranging from 1-day to 3-days.
+  Mandatory forced ultrasound laws (South Carolina, Oklahoma) – require women seeking an abortion to listen to the fetal heartbeat; in 2019, 12 states require such a test while 11 another merely mandate it.
+  Informed consent requirements (South Dakota) – the doctor or medical professional is required to read to pregnant woman considering an abortion a detailed list of harmful medical consequences (including suicide) that may result due to an abortion.
+  “Anti-coercion” measures – require women seeking an abortion to attend “counseling” sessions with a “crisis pregnancy center” (CPC) representatives, often neither certified therapists nor psychologists but religious spokespersons.
+  Criminalize pregnant women if the fetus dies due still-birth, miscarriage or neonatal deal resulting from a self-induced abortion, attempted suicide, accident or taking of an illegal drug (Idaho, Indiana) – dubbed “feticide” and include Jennie Linn McCormick, Purvi Patel and Bei Bei Shuni, among others.
+  Restrict those who can perform an abortion – a doctor, a medical profession, the patient herself?
+  Restrict where an abortion can take place and with what medical equipment onsite (e.g., ultrasound) to a clinic, a hospital, a woman’s home?
+  Parental consent or notification requirement, and even spousal consent required for abortion – as of 2019, 37 states required parental consent.
+  Expand the notion of “interested parties” involved in a woman’s abortion from the patient and her doctor to a host of other, often anti-abortion doctors and proponents not familiar with the woman.
+  Abstinence until marriage campaigns – promoting no sex outside the marriage bed, opposed to pornography, masturbation, homosexuality.
+  Defund Planned Parenthood (Texas).
+  Adopt “conscious clauses” (Kansas).
+  Adopt fetal “personhood” bills (Mississippi).
+  Promote abstinence-until-marriage campaigns and antiabortion crisis pregnancy centers (CPCs).
+  Expand the notion of “interested parties” to doctors unfamiliar with the woman and antiabortion proponents.
The authors warn that “approximately 400 pieces of individual state based abortion restrictions have which have grown more extreme since the election of President Donald Trump and the seating of two new conservative justices [to the Supreme Court].” They also note that two anti-choice bills have been introduced in the Republican-controlled Senate this year – “Abortion Dismemberment Ban Act of 2019” (S. 1035) and “Pain-Capable Unborn Child Protection Act” (S. 160). More can be expected as 2020 election draws closer.
The end to a woman’s right to the privacy to decide to terminate her unwanted pregnancy seems, sadly, likely to come, especially if Trump is reelected and is able to appoint additional antiabortionists to the Court.  The End of Roe v. Wade is an important, essential, study for anyone trying to understand how this historical shift came about. In this way, the authors detail how the “unborn” is becoming a “person,” thus undercutting a core precept of Row.
More worrisome, Marty and Pieklo paint a scary picture of how the well-organized rightwing campaign to end Roe can be a model for campaigns against other rights. What’s next: restrictions on free speech and assembly?"
The entire commentary can be read at:  
https://www.counterpunch.org/2019/09/13/the-likely-end-to-roe-v-wade/
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;




Friday, September 27, 2019

'Doctor' Gene Morrison: U.K. Fake forensic scientist long followed by this Blog makes list of "Other notable serial impostors and fakes'' in article on one of the most notorious imposters of them all: Ferdinand Waldo Demara. The article: "How to become a great imposter' by author Tim Holmes..."


PUBLISHER'S NOTE: I have always always been fascinated by the Gene Morrison story: How could a phony forensic expert manage to get himself called to give expert testimony in over 700 criminal and civil cases for more than a quarter century? Did nobody check him out? What about the procedures, if any, that are supposed to weed out fake witnesses? Did they break down? (As they did in many of the Charles Smith cases). Where they ever attempted?  So many questions. So few answers. But without doubt 'Doctor' Gene Morrison  certainly belongs on reporter Tim Holmes list of "Other notable serial impostors and fakes."

Harold Levy. Publisher; The Charles Smith Blog.

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STORY: "How to become a great impostor," by Tim Holmes, published by phys.org.news in August 2019.  Phys.org is a science, research and technology news aggregator."
 
GIST: "Unlike other icons who have appeared on the front of Life magazine, Ferdinand Waldo Demara was not famed as an astronaut, actor, hero or politician. In fact, his 23-year career was rather varied. He was, among other things, a doctor, professor, prison governor and monk. Demara was not some kind of genius either—he actually left school without any qualifications. Rather, he was "The Great Impostor," a charming rogue who tricked his way to notoriety. My research specialty is crimes by deception and Demara is a man who I find particularly interesting. For, unlike other notorious con-artists, imposters and fraudsters, he did not steal and defraud for the money alone. Demara's goal was to attain prestige and status. As his biographer Robert Crichton noted in 1959, "Since his aim was to do good, anything he did to do it was justified. With Demara the end always justifies the means. Though we know what he did, and his motivations, there is still one big question that has been left unanswered—why did people believe him? While we don't have accounts from everyone who encountered Demara, my investigation into his techniques has uncovered some of the secrets of how he managed to keep his high level cons going for so long."

For an answer to the 'big question' read  the entire story -it's a great read - at the  following link:
 https://phys.org/news/2019-08-great-impostor.html

Oh yes. Author Tim Holmes list referencing Gene Morrison as one of two  and other notable serial impostors and fakes: "Other notable serial impostors and fakes have relied on techniques similar to Demara's. Frank Abagnale also recognized the reliance people in large organisations placed on paperwork and looking the part. This insight allowed him at 16 to pass as a 25-year-old airline pilot for Pan Am Airways as portrayed in the film, Catch Me If You Can. More recently, Gene Morrison was jailed after it was discovered that he had spent 26 years running a fake forensic science business in the UK. After buying a Ph.D. online, Morrison set up Criminal and Forensic Investigations Bureau (CFIB) and gave expert evidence in over 700 criminal and civil cases from 1977 to 2005. Just like Demara used others to do his work, Morrison subcontracted other forensic experts and then presented the findings in court as his own."

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BACKGROUND ON GENE MORRISON: (Wikipedia): "Gene Anthony “Rocky” Morrison (born 1958) was a fraudulent forensic detective who operated over three decades in the Hyde area of Greater Manchester, England, under the title Dr. Gene Morrison. Memorable for his trademark sheepskin jacket, during the course of his deception he managed to trick not only members of the public, but also many judges, lawyers and the police themselves, into believing he was a genuine expert in forensic science.[1Trial and imprisonment:Appearing in court, he insisted on being referred to as Doctor throughout the entire trial, and the jury were supposedly reduced to laughter on many occasions throughout the proceedings.[2] Morrison pleaded guilty to two charges and was found guilty on 20 of the remaining 23; he was sentenced to five years imprisonment,[1] with police suggesting that Morrison may attempt to revive his forensic services upon release.[2] A video documentary was made about Morrison. Entitled Crime Scene Conman, it was first shown on BBC1 on 25 March 2008.[3]Sex offences": "On 15 October 2009, Morrison was convicted of thirteen child sex offences (three counts of rape, six counts of indecent assault, four counts of engaging in sexual activity with a child) and one count of perverting the course of justice committed between the 1970s and 2007,[4] with 19 other charges taken into consideration.m He was sentenced to an indeterminate term of imprisonment with a minimum of seven-and-a-half years, to be served cumulatively with the five-year sentence. Morrison will be eligible for parole in 2017."

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Read also The Telegraph's review (James Walton, 26 March 2008) of the 1016 BBC Production "Crime Scene Conman" at the link below:

PASSAGE OF THE DAY: "In fact, Morrison wasn’t a PhD, a BSc, or an expert of any kind. He was a bloke called Rocky from Hyde near Manchester, who’d learned the little he knew from watching TV cop shows and is now serving five years for fraud. When the police finally rumbled him, they found that his “forensic laboratory” consisted of a magnifying glass. Even under questioning, Morrison maintained that he genuinely had the rich repertoire of scientific skills mentioned on his website. He claimed, for example, that he’d learned hand-writing analysis from two Czech “professors” – who, on closer inspection, turned out to be his former au pair, and her chimney-sweep husband. (The subject of graphology had never come up between them.")

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"The equally fascinating Crime Scene Conman (BBC1) told the story of Dr Gene Morrison BSc, PhD. For more than 20 years Morrison ran a successful private-detective and criminal-forensics business, appearing as an expert witness in dozens of trials. Except that, as the programme’s title suggests, not everything was as it seemed. In fact, Morrison wasn’t a PhD, a BSc, or an expert of any kind. He was a bloke called Rocky from Hyde near Manchester, who’d learned the little he knew from watching TV cop shows and is now serving five years for fraud. When the police finally rumbled him, they found that his “forensic laboratory” consisted of a magnifying glass. Even under questioning, Morrison maintained that he genuinely had the rich repertoire of scientific skills mentioned on his website. He claimed, for example, that he’d learned hand-writing analysis from two Czech “professors” – who, on closer inspection, turned out to be his former au pair, and her chimney-sweep husband. (The subject of graphology had never come up between them.) Last night’s documentary occasionally talked of the “damage” Morrison had done – although without really specifying what it was. On the whole, however, it wisely avoided po-facedness and settled instead for just the right tone of deadpan comedy."
 https://www.telegraph.co.uk/culture/tvandradio/3672088/Last-night-on-television-Big-Bigger-Biggest-Five-Crime-Scene-Conman-BBC1.html


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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;


Thursday, September 26, 2019

Devonia Inman: Georgia; (Part Three): 'Murderville GA': Intercept Podcast explores the astonishing wrongful conviction and imprisonment of Davontia Inman through the riveting reporting of Liliana Segura and Jordan Smith's (two outstanding criminal justice scribes)..."Welcome to Murderville, Georgia. Investigative reporters Liliana Segura and Jordan Smith uncover what happens when law enforcement locks up their first suspect, leaving another man free to kill."


 'MURDERVILLE GA' PODCAST: (From home page):  "When a brutal murder rocks a small Southern town, residents and police are shocked. Could the new guy in town be the one who who did it? Yes, the cops say, he is. Case solved. But then another murder happens. And another. In the end: four bodies, two convictions, and one man in jail for a crime he likely did not commit. Welcome to Murderville, Georgia. Investigative reporters Liliana Segura and Jordan Smith uncover what happens when law enforcement locks up their first suspect, leaving another man free to kill." All episodes can be streamed at the link below. The Murderville investigative series — four long-form articles by hosts Liliana Segura and Jordan Smith — at The Intercept now.
https://theintercept.com/podcasts/murderville/

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;

Wednesday, September 25, 2019

Devonia Inman: Georgia: (Part two): Powerful Intercept story by two of America's finest criminal justice reporters; Liliana Segura and Jordan Smith. As they report: "Chief Justice Harold Melton wrote. The “Attorney General is best suited to closely re-examine this case in order to ensure that justice is truly being served.” While the Supreme Court can’t direct the attorney general to do anything, the opinions by Melton and Nahmias are unambiguous in their point of view about what should happen next: The state should drop its opposition to Inman’s request for a new trial." (I couldn't agree more. HL.)


PASSAGE OF THE DAY: "Thursday’s order is the result of a dedicated group of lawyers — including Inman’s longtime advocate, Jessica Cino, a law professor at Georgia State University, and a team from the prestigious Atlanta firm Troutman Sanders — who have pressed on in challenging Inman’s conviction. In 2017, they found new evidence of Inman’s innocence and of Hercules’s guilt, which they argued had been illegally withheld from Inman at trial. Over the objection of the attorney general’s office, a district court agreed over the summer that Inman should be given a chance to pursue this evidence and prove his innocence. The Georgia Attorney General appealed, winding the case back at the Supreme Court. In their ruling, the justices took issue with the AG’s position. “The evidence that potentially connects a different person other than Inman to the murder in this case raises some very troubling issues,” Chief Justice Harold Melton wrote. The “Attorney General is best suited to closely re-examine this case in order to ensure that justice is truly being served.” While the Supreme Court can’t direct the attorney general to do anything, the opinions by Melton and Nahmias are unambiguous in their point of view about what should happen next: The state should drop its opposition to Inman’s request for a new trial."

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STORY:  Georgia Supreme Court urges state to stop stonewalling in Devonia Inman case: Let justice be done," by Liliana Segura and Jordan Smith, published by The Intercept on September 20, 2019. (Liliana Segura is an award-winning investigative journalist covering the U.S. criminal justice system, with a longtime focus on harsh sentencing, the death penalty, and wrongful convictions. Jordan Smith is a state and national award-winning investigative journalist based in Austin, Texas. She has covered criminal justice for 20 years and, during that time, has developed a reputation as a resourceful and dogged reporter with a talent for analyzing complex social and legal issues. She is regarded as one of the best investigative reporters in Texas.)



The entire commentary can be read at:
https://theintercept.com/2019/09/20/murderville-georgia-devonia-inman-justice/

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;

Tuesday, September 24, 2019

Devonia Inman: Georgia: (Part One): Major Development: State's Supreme Court justices question imprisoned man’s conviction, The Atlanta Journal-Constitution reports, reporter Bill Rankin..."Inman is serving a life-without-parole sentence in Georgia for armed robbery and murder, even though DNA evidence discovered years after his trial strongly suggests another man committed the crimes. But a stunning Georgia Supreme Court decision in his favor on Thursday, Sept. 19, 2019, might begin to turn things around."..."Two state Supreme Court justices on Thursday issued extraordinary opinions in which they openly questioned the imprisonment of a man convicted of the armed robbery and murder of a South Georgia woman 21 years ago. Chief Justice Harold Melton and Presiding Justice David Nahmias both asked the state attorney general’s office to closely re-examine the case against Devonia Inman. Inman is serving a life-without-parole sentence, even though DNA evidence discovered years after his trial strongly suggested another man committed the crimes. Nahmias, the former U.S. attorney in Atlanta, went so far as to question whether the state should continue opposing Inman’s efforts to obtain a new trial. “Let justice be done,” Nahmias wrote."



QUOTE OF THE DAY: "Everyone involved in our criminal justice system should dread the conviction and incarceration of innocent people,” Nahmias wrote. As a justice, Nahmias said, he has reviewed more than 1,500 murder cases. In some, judges and appellate courts granted new trials to defendants who appeared not to be guilty, he said. “Of the multitude of cases in which a new trial has been denied, Inman’s case is the one that causes me the most concern that an innocent person remains convicted and sentenced to serve the rest of his life in prison,” Nahmias wrote."

Presiding Justice David Nahmias.

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PASSAGE OF THE DAY: "During the 2001 trial, prosecutors presented no physical evidence that tied Inman to the crime. Jurors heard from a jailhouse informant who said Inman told him he killed Brown, but the inmate later said he was coerced into turning on Inman. Prosecutors also called upon a friend of Inman’s who initially said she saw Inman with a lot of cash the morning after the killing. But she also recanted. A witness who did not retract her testimony was a newspaper delivery woman who said she saw Inman driving Brown’s car shortly after the shooting. But a man standing next to her at that time has said it was too dark for her to have identified Inman. Inman’s lawyers tried to call on witnesses who said another man, Hercules Brown, told them he committed the murder. (Hercules Brown is not related to the victim.) But Superior Court Judge Buster McConnell did not let the jury hear their testimony. Years later, DNA testing was conducted to see who might have been wearing a homemade mask found inside Donna Brown’s car. The GBI crime lab matched the DNA on the mask to Hercules Brown. At that time, Brown was in prison serving his own life-without-parole sentence, having pleaded guilty to the murder of two people during another armed robbery in Adel. With the new DNA evidence, Inman’s lawyers asked McConnell to grant a new trial. But McConnell let the conviction stand. In 2014, the Georgia Supreme Court declined to even consider Inman’s appeal of McConnell’s decision. Last year, Inman’s new lawyers filed a new petition before Superior Court Judge Kristina Cook Graham. In July, Graham declined to dismiss the case and ruled that Inman’s lawyers could question Hercules Brown. But the state attorney general’s office sought to overturn Graham’s ruling. On Thursday, the Georgia Supreme Court unanimously rejected the state’s request, and its order included the two concurring opinions by Melton and Nahmias. Nahmias wrote that he now has “grave doubts” about McConnell’s decision to deny Inman’s motion for a new trial. He also said he regrets the Supreme Court’s decision in 2014 not to hear Inman’s appeal. “Unfortunately, I have not found a way, within the confines of the law, for us to undo our decision … at this point,” Nahmias said. “But this court is not the only source of justice in this state.

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STORY: "Georgia Supreme Court justices question  imprisoned man's conviction," by reporter Bill Rankin, published by The Atlanta Journal-Constitution on September 19, 2019. ((Bill Rankin joined the AJC in 1989, three years after his father, Jim Rankin, retired from the paper after 26 years. For most of his time at the AJC, Bill has covered state and federal courts, specializing in civil litigation, criminal justice and the death penalty. Beginning in 2015, Bill began hosting the AJC’s “Breakdown” podcast. The podcast’s sixth season, “A Jury of His Peers,” cohosted with AJC editor Kevin Riley, won the American Bar Association’s 2018 Silver Gavel Award.") Thanks to The Marshall Project for drawing this story to our attention. HL. 
PHOTO CAPTION: Devonia Inman with his mother, Dinah Ray, during happier times for him and his family. "Inman is serving a life-without-parole sentence in Georgia for armed robbery and murder, even though DNA evidence discovered years after his trial strongly suggests another man committed the crimes. But a stunning Georgia Supreme Court decision in his favor on Thursday, Sept. 19, 2019, might begin to turn things around.





GIST: "Two state Supreme Court justices on Thursday issued extraordinary opinions in which they openly questioned the imprisonment of a man convicted of the armed robbery and murder of a South Georgia woman 21 years ago. Chief Justice Harold Melton and Presiding Justice David Nahmias both asked the state attorney general’s office to closely re-examine the case against Devonia Inman. Inman is serving a life-without-parole sentence, even though DNA evidence discovered years after his trial strongly suggested another man committed the crimes. Nahmias, the former U.S. attorney in Atlanta, went so far as to question whether the state should continue opposing Inman’s efforts to obtain a new trial. “Let justice be done,” Nahmias wrote. Attorney General Chris Carr agreed to follow the justices’ recommendations. “The Attorney General and members of our senior staff take very seriously the court’s concerns, and are personally and fully reviewing the matter in conjunction with the district attorney who would be responsible for any prosecution arising out of this case,” office spokeswoman Katie Byrd said. “We were very gratified to see the Supreme Court’s order, especially the forceful and courageous concurring opinions of Chief Justice Melton and Presiding Justice Nahmias,” Inman’s legal team from Troutman Sanders said in a statement. “We look forward to continuing the fight for justice for Mr. Inman.” Inman, who has long proclaimed his innocence, was convicted of the 1998 murder of Donna Brown, a night manager of a Taco Bell in Adel. She was accosted in the parking lot after closing up and died of a gunshot wound to her face. Her killer took more than $1,700 of the day’s receipts. Inman’s case was chronicled in The Atlanta Journal-Constitution’s podcast “Breakdown: Murder Below the Gnat Line.” He is now being represented for free by Troutman Sanders lawyers who are trying to win him a new trial. “Everyone involved in our criminal justice system should dread the conviction and incarceration of innocent people,” Nahmias wrote. As a justice, Nahmias said, he has reviewed more than 1,500 murder cases. In some, judges and appellate courts granted new trials to defendants who appeared not to be guilty, he said. “Of the multitude of cases in which a new trial has been denied, Inman’s case is the one that causes me the most concern that an innocent person remains convicted and sentenced to serve the rest of his life in prison,” Nahmias wrote. If Inman were given a new trial, there’s no telling what the result would be, Nahmias added. But with the new evidence that’s been uncovered, “there is no doubt that a new trial would be very different than the one in which Inman was found guilty.” Writing separately, Melton said he shared many of Nahmias’ concerns. “The evidence that potentially connects a different person other than Inman to the murder in this case raises some very troubling issues,” he said. During the 2001 trial, prosecutors presented no physical evidence that tied Inman to the crime. Jurors heard from a jailhouse informant who said Inman told him he killed Brown, but the inmate later said he was coerced into turning on Inman. Prosecutors also called upon a friend of Inman’s who initially said she saw Inman with a lot of cash the morning after the killing. But she also recanted. A witness who did not retract her testimony was a newspaper delivery woman who said she saw Inman driving Brown’s car shortly after the shooting. But a man standing next to her at that time has said it was too dark for her to have identified Inman. Inman’s lawyers tried to call on witnesses who said another man, Hercules Brown, told them he committed the murder. (Hercules Brown is not related to the victim.) But Superior Court Judge Buster McConnell did not let the jury hear their testimony. Years later, DNA testing was conducted to see who might have been wearing a homemade mask found inside Donna Brown’s car. The GBI crime lab matched the DNA on the mask to Hercules Brown. At that time, Brown was in prison serving his own life-without-parole sentence, having pleaded guilty to the murder of two people during another armed robbery in Adel. With the new DNA evidence, Inman’s lawyers asked McConnell to grant a new trial. But McConnell let the conviction stand. In 2014, the Georgia Supreme Court declined to even consider Inman’s appeal of McConnell’s decision. Last year, Inman’s new lawyers filed a new petition before Superior Court Judge Kristina Cook Graham. In July, Graham declined to dismiss the case and ruled that Inman’s lawyers could question Hercules Brown. But the state attorney general’s office sought to overturn Graham’s ruling. On Thursday, the Georgia Supreme Court unanimously rejected the state’s request, and its order included the two concurring opinions by Melton and Nahmias. Nahmias wrote that he now has “grave doubts” about McConnell’s decision to deny Inman’s motion for a new trial. He also said he regrets the Supreme Court’s decision in 2014 not to hear Inman’s appeal. “Unfortunately, I have not found a way, within the confines of the law, for us to undo our decision … at this point,” Nahmias said. “But this court is not the only source of justice in this state. Indeed, judges are often obligated to enforce procedural rules, and we often must defer to discretionary decisions made by prosecutors. Prosecutors, however, may always exercise their discretion to seek justice — to do the right thing. Our reporting so far: In 2016, The Atlanta Journal-Constitution and Channel 2 Action News published “DNA Denial,” which questioned whether Devonia Inman was wrongfully convicted of murder. In its fourth season, the AJC’s Breakdown podcast followed up by diving deeper into Inman’s case and raising the same questions. Since then, the newspaper has continued to follow Inman’s attempts to win a new trial."
https://www.ajc.com/news/breaking-news/breaking-two-supreme-court-question-imprisoned-man-conviction/pV1nicpd971VviaozJY8SO/

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;

Monday, September 23, 2019

Rodney Reed. Death row; Texas: Word is traveling afar in this so readily avoidable miscarriage of justice which could take the life of an innocent man. The Economist notes that Texas is planning to execute Rodney Reed in spite of his claims that DNA evidence could exonerate him, in an article which appears under the rubric 'democracy in America.'..."At the trial, the main evidence connecting Mr Reed to the crime was strands of his DNA found inside Ms Stites’s body. Mr Reed said he had been having an affair with Ms Stites at the time of her death—and that he had sex with her the day before she was found strangled with her own woven leather belt on the side of a country road in Bastrop County, Texas. No evidence put Mr Reed at the scene of the crime. Nor were there any eyewitnesses implicating him. Instead, prosecutors relied on Mr Reed’s semen found in a vaginal swab and presented this to jurors as the “smoking gun”. But Mr Reed and his legal team—including lawyers from the Innocence Project, an organisation dedicated to freeing wrongfully convicted prisoners and, in capital cases, fighting against their executions—argue that the trial was marred by unexamined evidence and false scientific claims. They argue that Jimmy Fennell, Ms Stites’s fiancé and a police officer at the time, should have been more closely investigated."



PASSAGE OF THE DAY: "For years, Mr Reed’s lawyers have been arguing that their client should get a new trial in which additional evidence—including DNA analysis of previously overlooked crime-scene items—could be introduced. During the original trial, neither Ms Stites’s clothing nor the murder weapon, the belt, was analysed for genetic material. But these garments and objects remain safely stored, have not been tampered with or compromised and could, plausibly, if tested, exonerate Mr Reed. In 2017, the Court of Criminal Appeals of Texas refused to order post-conviction DNA analysis because Mr Reed did not prove that “exculpatory DNA results would have resulted in his acquittal”. This June, the same court denied a similar request. With avenues in state courts thus closed mere months before Mr Reed’s execution date, his lawyers’ latest attempt to get a federal court to order a new trial invokes both civil-rights law and the federal constitution."

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PASSAGE TWO OF THE DAY: "Mr Reed’s lawyers also observe that key testimony from a forensic scientist attesting to the timeline of Ms Stites’s death was later found (by the scientist’s admission) to be false and that eye witnesses had seen Mr Reed and Ms Stites together “at various times prior to her murder”, apparently supporting his claim that they had been in a relationship. All of this may cast doubt on the validity of Mr Reed’s conviction, but none of it proves his innocence."

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STORY: "Fighting for a retrialTexas plans to execute a man who says DNA evidence could exonerate him, published by The Guardian on September 23, 2019.

Risk assessment: Another point of view: The Crime Report presents, ‘No Evidence’ of Race Bias in Risk Assessment: Psychologist,' byy Ted Gest - reporting on an address by Jennifer Skeem, associate dean of research and associate professor of social welfare and public policy at the University of California, Berkeley to the National Forum on Criminal Justice..."Skeem acknowledged that the practice has come under criticism, including by former Attorney General Eric Holder and the ProPublica website, in a story headlined “Machine Bias.” Holder and others have argued that including defendants’ criminal records in the risk assessment analysis can increase racial bias in a justice system that already is stacked against minorities. Skeem contended that research has shown that risk assessment offers better predictions than does the “unaided judgment” of courts."


PASSAGE OF THE DAY: "An extensive review of post-conviction risk assessments of federal convicts found “no evidence of predictive bias by race,” Skeem said. Virginia, one of the first states to use risk assessment extensively, has been able to divert 25 percent of prison-bound low-risk bound offenders away from serving time behind bars, without experiencing an increase in crime, Skeem told the conference. She emphasized that properly used, risk assessments do not determine a convict’s sentence or a defendant’s potential release, but merely provide guidance to courts."

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STORY: "‘No Evidence’ of Race Bias in Risk Assessment," by  psychologist Ted Gest, published by The Crime Report. (Ted Gest is president of criminal justice journalists and Washington bureau chief of The Crime Report.)




PUBLISHER'S NOTE: I have presented a mountain of posts contending that risk assessment can increase racial bias in a justice system that already is stacked against minorities.Time to present another point of view. Thanks to The Crime Report for its consistently intelligent  reporting.

Harold Levy: Publisher: The Charles Smith Report.

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GIST: "The sometimes-controversial use of risk assessments to advise judges on sentences and pretrial release decisions was defended Monday by a psychologist who has studied the practice.
Risk assessments “can increase consistency, transparency and accuracy” of judicial decisions, Jennifer Skeem, associate dean of research and associate professor of social welfare and public policy at the University of California, Berkeley, said in a major address to the National Forum on Criminal Justice. Skeem spoke at the opening session of the annual forum, held this year in Crystal City, Va., and sponsored by the National Criminal Justice Association and the International Community Corrections Association. In the risk assessment process, the backgrounds of convicted and accused persons are analyzed with the idea of predicting their likelihood of committing a crime. Skeem acknowledged that the practice has come under criticism, including by former Attorney General Eric Holder and the ProPublica website, in a story headlined “Machine Bias.” Holder and others have argued that including defendants’ criminal records in the risk assessment analysis can increase racial bias in a justice system that already is stacked against minorities. Skeem contended that research has shown that risk assessment offers better predictions than does the “unaided judgment” of courts. An extensive review of post-conviction risk assessments of federal convicts found “no evidence of predictive bias by race,” Skeem said. Virginia, one of the first states to use risk assessment extensively, has been able to divert 25 percent of prison-bound low-risk bound offenders away from serving time behind bars, without experiencing an increase in crime, Skeem told the conference. She emphasized that properly used, risk assessments do not determine a convict’s sentence or a defendant’s potential release, but merely provide guidance to courts. So far, the research shows that risk assessments are a “promising tool” for public safety, to reduce mass incarceration, recidivism, and sentencing disparities, Skeem contended. Skeem delivered the annual Edwin I. Megargee Honorary Lecture sponsored by the community corrections organization co-sponsoring the conference."

The entire commentary can be read at:
https://thecrimereport.org/2019/09/17/risk-assessment-shows-no-evidence-of-race-bias-psychologist/

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;

Sunday, September 22, 2019

Darrell Siggers: Michigan: Flawed forensics. Ballistics. State Senators cite his case - as one of many involving misapplications of forensic science - as they call for establishment of a state-based forensic science commission..."The misapplication of forensic science is one of the leading contributing factors to wrongful convictions in the state of Michigan and across the nation. Misapplication, which can include the misuse of forensic techniques or improper testimony by forensic analysts, has been responsible for 44% of the nation’s 365 DNA-based exonerations. Darrell Siggers is one of the 20 people in Michigan wrongly convicted based on false or misleading forensic evidence."


PASSAGE OF THE DAY: "Siggers will celebrate one year as a free man this summer after spending 34 years in prison for a 1984 murder in Wayne County that he did not commit. Prosecutors vacated Siggers' conviction after two former ballistics experts from the Michigan State Police concluded the firearms evidence at his trial was “erroneous,” “highly improbable” and “unbelievable.” Siggers’ case offers a glimpse at the monumental impact faulty or misapplied forensic science can have on the life of an innocent person. The high-profile shutdown of the Detroit Crime Lab in 2008 also demonstrates how a lack of oversight and resources can have disastrous consequences for communities. After an audit uncovered an astonishing backlog of 11,000 untested rape kits, Michigan taxpayers not only shelled out more than $13 million for private laboratories to analyze the kits but also grappled with the fact that this analysis revealed 817 previously undetected perpetrators, many of whom were found to be serial rapists. Subsequent analyses also found the firearms forensic testing capabilities at the lab were woefully out of compliance with even the most minimum standards."

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COMMENTARY: "Michigan needs state-based forensic science commission," by State Senators reporters Tom Barrett and Stephanie Chang, published by The Detroit News on Sept. 15, 2019. (State Sens. Tom Barrett, R-Charlotte, and Stephanie Chang, D-Detroit, are the sponsors of legislation to create a Forensic Science Commission in the state of Michigan.)

GIST: "For decades investigators and forensic scientists have worked together to solve crimes. While forensic science has helped correctly identify perpetrators of crimes, but if not properly overseen, regulated and updated according to the latest standards, it can also implicate an innocent person. The misapplication of forensic science is one of the leading contributing factors to wrongful convictions in the state of Michigan and across the nation. Misapplication, which can include the misuse of forensic techniques or improper testimony by forensic analysts, has been responsible for 44% of the nation’s 365 DNA-based exonerations. Darrell Siggers is one of the 20 people in Michigan wrongly convicted based on false or misleading forensic evidence. Siggers will celebrate one year as a free man this summer after spending 34 years in prison for a 1984 murder in Wayne County that he did not commit. Prosecutors vacated Siggers' conviction after two former ballistics experts from the Michigan State Police concluded the firearms evidence at his trial was “erroneous,” “highly improbable” and “unbelievable.” Siggers’ case offers a glimpse at the monumental impact faulty or misapplied forensic science can have on the life of an innocent person. The high-profile shutdown of the Detroit Crime Lab in 2008 also demonstrates how a lack of oversight and resources can have disastrous consequences for communities. After an audit uncovered an astonishing backlog of 11,000 untested rape kits, Michigan taxpayers not only shelled out more than $13 million for private laboratories to analyze the kits but also grappled with the fact that this analysis revealed 817 previously undetected perpetrators, many of whom were found to be serial rapists. Subsequent analyses also found the firearms forensic testing capabilities at the lab were woefully out of compliance with even the most minimum standards. In order to sharpen these crime-fighting tools, identify the guilty and protect the innocent, the National Institute of Justice promotes state-based forensic science commissions (“FSCs”), made up of expert scientists and stakeholders in the justice system. Changed standards and practices in the areas of arson, composite bullet lead analysis, bite mark evidence and hair microscopy, to name a few, have garnered national attention, highlighting the need for a dedicated commission. Seventeen states and the District of Columbia already have forensic science advisory bodies that provide resources and support to labs and law enforcement agencies in the application of forensic evidence. That’s why we’ve introduced bipartisan legislation that would create our own state-based Forensic Science Commission to study forensic disciplines, recommend best practices, help labs share their innovations across the state, and investigate issues that may arise within crime labs. We recognize that science is constantly evolving and advances in technology sometimes occur rapidly. A state-based FSC could ensure that our state is aware of these technological advances and make certain that we are using the most reliable forensic testing methods available.    In addition, it would help our state maintain fiscal responsibility. Aside from the shouldering the cost of wrongfully incarcerating innocent people, Michigan taxpayers have paid over $8 million in settlements for cases involving flawed forensics and over $30 million for all civil lawsuits for wrongful convictions across the state. Michigan has an opportunity to be a national model that takes the best of what works and put it into practice. A forensic science commission here would put in place a framework to prevent wrongful convictions in the state, deepen trust in the criminal justice process and strengthen public safety.

The entire commentary can be read at the link below:
https://www.detroitnews.com/story/opinion/2019/09/16/opinion-michigan-needs-state-based-forensic-science-commission/2291922001/

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Read National Registry of Exonerations entry  by Maurice Possley at the link below:
 https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=5400

 "Shortly before midnight on February 16, 1984, 25-year-old James Montgomery was gunned down as he walked with two friends on Phillips Street on the east side of Detroit, Michigan.

Montgomery’s friends—Derrick Lawson and Ranard Jackson—told police they recognized the gunman as 20-year-old Darrell Siggers, whom they had seen earlier in the evening at a gathering at the home of Christine Hooks, the mother of Siggers’s two children. Montgomery, Lawson, and Jackson came to the gathering, but were kicked out because they were highly intoxicated.

On February 22, 1984, Siggers was arrested and charged with first-degree murder.

In July 1984, Siggers went to trial in Recorder’s Court in Detroit. Lawson and Jackson identified him as the gunman—although both admitted they were as much as 100 feet away from the gunman, the lighting was poor, and they had been drinking and taking drugs.

Detroit Police Sgt. Claude Houseworth, a ballistics analyst, testified that seven shell casings found at the scene had been fired from the same weapon—likely a rifle. He said that a bullet found at the scene, as well as shell casings and a bullet that had been recovered from wood molding in an apartment across the hall from Siggers’s apartment, came from the same weapon. The murder weapon was never recovered.

On July 19, 1984, the jury convicted Siggers and he was sentenced to life in prison.

In 1987, the Michigan Court of Appeals upheld his conviction and the Michigan Supreme Court denied him leave to appeal in June 1988.

In 1989, Siggers filed a federal petition for a writ of habeas corpus, but that was denied. In 1996, Siggers filed another federal petition for habeas corpus, but that was denied as well. In 1998, Siggers made an additional federal filing, which was denied in 1999.

In March 2004, Siggers filed a motion for a new trial in Wayne County Circuit Court alleging that newly discovered evidence established his innocence.

At an evidentiary hearing, Darryl Dulin testified that he was on the street on the night of the murder and that he saw a man named Toby Red shoot Montgomery. In addition, Richard Braxton testified that he later heard Toby Red admit that he shot Montgomery.

Siggers also presented a sworn affidavit from Bruce Spearman saying that Ranard Jackson, his cousin and one of the witnesses at Siggers’s trial, admitted that he falsely identified Siggers after police threatened to arrest him.

Another witness, Jack Fuqua, testified that Toby Red came to his house carrying a rifle and admitted that he just shot someone. Fuqua said he told police about the conversation, but he never told anyone else about it after police threatened to arrest him.

William Arnold testified that he heard Toby Red come to Fuqua’s door on the night of the murder and admit to having shot someone. Arnold said he did not volunteer this evidence at the time of the trial because police threatened to have public benefits withheld from his sister and her children.

The judge ruled that the witnesses were not credible and denied the motion for a new trial. The denial was upheld on appeal.

In 2008, the Detroit police crime lab was shut down after an audit performed by the Michigan State Police exposed widespread errors in ballistics testing.

Siggers subsequently contacted Claudia Whitman, founder of the National Capital Crime Assistance Network, a nonprofit organization that provides services to the incarcerated, including investigating cases of wrongful conviction. Whitman connected Siggers to David Townshend, a ballistics expert who had concluded that Detroit police ballistics testimony in the prosecution of Desmond Ricks had been false. Ricks was exonerated of murder in 2017.

Townshend reviewed the testimony from Siggers’s trial. In 2015, he issued a report severely criticizing Sgt. Houseworth’s testimony linking the shell casings to bullets found at the scene and at the apartment across the hall from Siggers’s apartment. Townshend said Houseworth’s testimony was “unbelievable.” He said, “It is highly unlikely that a positive identification of the three bullets…would have been possible” even if the police had recovered the actual weapon used in the shooting.

Townshend’s report noted that Houseworth testified about comparing bullets that weren’t even logged in the original reports of evidence recovered from the scene of the shooting and the apartment across the hall from where Siggers lived.

Ultimately, Siggers wrote to the Wayne County Prosecutor’s Office requesting that the conviction integrity unit review his case. Whitman also arranged for David Balash, a retired Michigan State Police firearms examiner to review the ballistics evidence. Balash concluded Houseworth’s testimony was “both confusing and at times totally inaccurate.”

The original evidence in the case was destroyed years earlier and so could not be retested or re-examined.

On July 19, 2018, Siggers’s lawyer and the prosecution presented a joint motion to vacate Siggers’s conviction. Wayne County Circuit Court Judge Shannon Walker granted the motion. On August 30, 2018, Siggers was released after spending more than 34 years in custody.

On October 19, 2018, the prosecution dismissed the charges. In August 2019, Siggers filed a federal civil rights lawsuit seeking damages for his wrongful conviction."
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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;