WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S APPLICATION FOR POST-CONVICTION DNA TESTING (CALIFORNIA):
"Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate.")..."So what's the harm? What, exactly, are they scared of? Don't we want the truth?"
https://smithforensic.blogspot.com/2018/06/kevin-cooper-2-california-application.html
https://smithforensic.blogspot.com/2018/06/kevin-cooper-2-california-application.html
--------------------------------------------------------------
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 (as well as false identification and jailhouse informants) – and because of the growing body of scientific research showing how vulnerable suspects (especially juveniles) are to widely used interrogation methods such as the controversial ‘Reid Technique.’" Harold Levy: Publisher: The Charles Smith Blog;
---------------------------------------------------------------
QUOTE OF THE DAY: "I'm heartbroken. Frankly, I'm numb. I'm very grateful for all who have supported me in this effort to find the truth. We will see this through to the end, no matter what it takes," April Alley said in response to the ruling."
-----------------------------------------------------------
PASSAGE OF THE DAY: "Alley confessed to the murder and led police to the crime scene. However, there are several problems with the state's case. The Innocence Project, a civil liberties group, now believes Alley was coerced into making a false confession by the police. An expert would later testify that police tainted Alley's confession by telling him non-public details about the crime. The group also notes inconsistencies with the evidence used to convict Alley. The witness description of the suspect did not match Alley's features. Alley's supposed recollection of the crime also did not match up with the details uncovered by investigators. In fact, he repeatedly said that he did not remember committing the crime. Alley was executed by lethal injection in June 2006. April Alley, his daughter, is now working with the Innocence Project to clear her father's name posthumously."
STORY: "Tennessee Court Refuses To Test DNA Evidence That Could Exonerate a Man the State Already Executed," by Zuri Davis, published by 'Reason' on November 20, 2019.
SUB-HEADING: "According to the law, the deceased Sedley Alley is the only person who can file a petition for post-conviction DNA testing.
GIST: "A
technicality in the law stands in the way of a daughter's attempt to
prove that the state of Tennessee put her innocent father to death. Sedley Alley was convicted of the 1985 rape and murder of Marine Cpl. Suzanne M. Collins. Collins
was jogging in a park near a naval base in Millington when she was
abducted. Three witnesses said her abductor was driving a brown station
wagon. Alley drove a similar
vehicle. He was pulled over and told naval security that he was driving
around town and drinking beer the night of the abduction. Alley
was brought in for questioning on the naval base. When the questioning
was completed, Alley started his vehicle so he could leave. The
witnesses, who happened to be present, said the sound of his car matched
the sound of the perpetrator's vehicle.
Collins' mutilated body was discovered the next day and law enforcement arrested Alley. The Commercial Appeal has more details on Alley's case. Alley confessed to the murder and led police to the crime scene. However, there are several problems with the state's case. The Innocence Project, a civil liberties group, now believes Alley was coerced into making a false confession by the police. An expert would later testify that police tainted Alley's confession by telling him non-public details about the crime. The group also notes inconsistencies with the evidence used to convict Alley. The witness description of the suspect did not match Alley's features. Alley's supposed recollection of the crime also did not match up with the details uncovered by investigators. In fact, he repeatedly said that he did not remember committing the crime. Alley was executed by lethal injection in June 2006. April Alley, his daughter, is now working with the Innocence Project to clear her father's name posthumously. Skahan's decision rests on Tennessee's Post-Conviction DNA Analysis Act of 2001, which merely allows "a person convicted of and sentenced for the commission of first-degree murder" to file a petition of this nature. The cruel irony of this legal predicament is that Alley, who is deceased because of the state's actions, is the only person who has the authority to file a petition asking the state to test the evidence that could exonerate him. Worse, as the Innocence Project petition explains, Alley previously sought post-conviction testing under the act and was denied due to "a now-reversed and clearly incorrect interpretation" of the 2001 law, which was not cleared up by the Tennessee Supreme Court until 2011. "I'm heartbroken. Frankly, I'm numb. I'm very grateful for all who have supported me in this effort to find the truth. We will see this through to the end, no matter what it takes," April Alley said in response to the ruling. The Innocence Project wrote in a statement that it has "already filed a notice of appeal." The group criticized Skahan's ruling, saying, "The petition simply asks for testing of available DNA evidence, which could be done within 30 to 60 days. It will now take months, if not years, to go through the courts to finally get to the truth in this matter.""
The entire story can be read at:
Collins' mutilated body was discovered the next day and law enforcement arrested Alley. The Commercial Appeal has more details on Alley's case. Alley confessed to the murder and led police to the crime scene. However, there are several problems with the state's case. The Innocence Project, a civil liberties group, now believes Alley was coerced into making a false confession by the police. An expert would later testify that police tainted Alley's confession by telling him non-public details about the crime. The group also notes inconsistencies with the evidence used to convict Alley. The witness description of the suspect did not match Alley's features. Alley's supposed recollection of the crime also did not match up with the details uncovered by investigators. In fact, he repeatedly said that he did not remember committing the crime. Alley was executed by lethal injection in June 2006. April Alley, his daughter, is now working with the Innocence Project to clear her father's name posthumously. Skahan's decision rests on Tennessee's Post-Conviction DNA Analysis Act of 2001, which merely allows "a person convicted of and sentenced for the commission of first-degree murder" to file a petition of this nature. The cruel irony of this legal predicament is that Alley, who is deceased because of the state's actions, is the only person who has the authority to file a petition asking the state to test the evidence that could exonerate him. Worse, as the Innocence Project petition explains, Alley previously sought post-conviction testing under the act and was denied due to "a now-reversed and clearly incorrect interpretation" of the 2001 law, which was not cleared up by the Tennessee Supreme Court until 2011. "I'm heartbroken. Frankly, I'm numb. I'm very grateful for all who have supported me in this effort to find the truth. We will see this through to the end, no matter what it takes," April Alley said in response to the ruling. The Innocence Project wrote in a statement that it has "already filed a notice of appeal." The group criticized Skahan's ruling, saying, "The petition simply asks for testing of available DNA evidence, which could be done within 30 to 60 days. It will now take months, if not years, to go through the courts to finally get to the truth in this matter.""
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/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;