Robert Wilkes: Montana: Momentous Development: Shaken baby syndrome case: Had been convicted in 2009 of deliberate homicide, accused of killing his 3-month-old son Gabriel by causing head trauma commonly known as shaken baby syndrome, and sentenced to 60 years in prison. Kudos to the Montana Innocence Project for its stellar work on the case..."The Montana Innocence Project took Wilkes' case up in 2012, and found the medical science offered as evidence to prove the child died by head trauma was "long outdated and discredited," the Innocence Project said in Wednesday's release. The application of new medical science, MTIP attorneys found, showed Wilkes' son could have instead died due to a pre-existing medical condition."

PASSAGE OF THE DAY: "Wilkes was originally convicted in 2009 of deliberate homicide, accused of killing his 3-month-old son Gabriel by causing head trauma commonly known as shaken baby syndrome, and sentenced to 60 years in prison. He has maintained his innocence this entire time.  The Montana Innocence Project took Wilkes' case up in 2012, and found the medical science offered as evidence to prove the child died by head trauma was "long outdated and discredited," the Innocence Project said in Wednesday's release. The application of new medical science, MTIP attorneys found, showed Wilkes' son could have instead died due to a pre-existing medical condition. The Innocence Project also argued that Wilkes' defense attorney had failed Wilkes by not providing this new science to rebut that of the prosecutor's. The medical examiner who performed the autopsy had listed the child's death as "undetermined," something Wilkes' original defense attorney had not presented at his trial."

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STORY: "Homicide charge dismissed against Missoula man," by reporter Seaborn Larson, published by The Missoulian  on January 29, 2020.

GIST: "Missoula prosecutors on Wednesday dismissed a homicide charge filed more than 10 years ago against Robert James "Dave" Wilkes, whose conviction was overturned in 2018 after "overwhelming" evidence submitted on his behalf by the Montana Innocence Project. Wednesday's dismissal comes as part of a plea agreement between Wilkes and prosecutors signed on Jan. 21. He instead pleaded no contest to a charge of criminal endangerment and, after spending more than nine years in prison, Wilkes is a free man, the Innocence Project said in a release Wednesday. "I have been waiting for this moment for many, many years," Wilkes said in the release. "I am grateful for MTIP's amazing work. … My family and friends can never adequately thank the lawyers and volunteers who worked so hard on my case. I am looking forward to spending the rest of my life as a free man." Wilkes was originally convicted in 2009 of deliberate homicide, accused of killing his 3-month-old son Gabriel by causing head trauma commonly known as shaken baby syndrome, and sentenced to 60 years in prison. He has maintained his innocence this entire time.  The Montana Innocence Project took Wilkes' case up in 2012, and found the medical science offered as evidence to prove the child died by head trauma was "long outdated and discredited," the Innocence Project said in Wednesday's release. The application of new medical science, MTIP attorneys found, showed Wilkes' son could have instead died due to a pre-existing medical condition. The Innocence Project also argued that Wilkes' defense attorney had failed Wilkes by not providing this new science to rebut that of the prosecutor's. The medical examiner who performed the autopsy had listed the child's death as "undetermined," something Wilkes' original defense attorney had not presented at his trial. After Ravalli County District Judge James Haynes overturned Wilkes' conviction in 2018, Missoula prosecutors re-filed the charges, setting the case up for another trial. The parties reached a deal "on the eve of trial," and inked the plea agreement on Jan. 21, according to court filings.  "We are very pleased with the dismissal of the homicide charge and a fair resolution in this case," said Larry Mansch, former legal director for the Montana Innocence Project, in Wednesday's release.  Wilkes is the Montana Innocence Project's seventh exoneration in the last four years, including Richard Raugust in 2016, Cody Marble, Richard Burkhart and Jasmine Eskew in 2017, and Fred Lawrence and Paul Jenkins in 2018. "We are happy that justice was finally done in this case," Innocence Project Executive Director Amy Sings in the Timber added in the release. "We are happy that justice was finally done in this case, and we are determined to continue to do our best to help others who are deserving of their freedom.""

The entire story can be read at:

https://missoulian.com/news/local/homicide-charge-dismissed-against-missoula-man/article_d18a12c8-5908-5fba-9404-77f17339209a.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;


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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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