PASSAGE OF THE DAY: "Julie Baumer’s case was one of the first we took in this clinic that involved changed medical evidence,” said Imran Syed, assistant director of the Michigan Innocence Clinic. The clinic is unique. It handles cases where DNA does not have to be tested.“The vast majority of criminal cases don’t have DNA evidence. Our clinic was created to look at this large category of cases, really about 90 percent of criminal convictions that have no DNA yet could have many potential people who’ve been wrongfully convicted,” Syed said. Baumer’s retrial happened in 2010. Her attorneys were able to prove the baby suffered from venous sinus thrombosis. He suffered from a form of childhood stroke. “We had experts across the country evaluate her case and they determined that the injuries were largely due to traumatic birth the child had and had nothing to do with abusive contact by Julie or anyone else,” Syed said. Baumer was fully exonerated on Oct. 15, 2010."
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STORY: "Wrongfully accused woman released after help from Michigan Innocence Clinic," by multi-media reporter Blake Keller, published by WNEM on Kanuary 30, 2020.
GIST: "A Michigan woman celebrated a major milestone. Julie
Baumer was released from prison and fully exonerated for a crime she
said she didn’t commit 10 years ago. She said she’s feeling the scars
years later. “You only know what you watch in movies. But until it happens to you, that’s when you’re actually exposed to it,” Baumer said. Baumer lived what many consider an ordinary life, until 2005 when she said her life changed forever. “I was found guilty. I was incarcerated,” Baumer said.
Baumer told TV5 she was accused of child abuse in 2004. She said she took her 6-week-old nephew to the hospital and prosecutors claimed she violently shook him. “My sister gave birth to a child that she could not care for. I chose to care for him, unfortunately he had health ailment,” Baumer said.
Doctors said they found a skull fracture and lots of blood. A jury convicted Baumer of child abuse in 2005. “That health ailment was misdiagnosed as being child abuse. I was sentenced to 10 to 15 years after I was convicted,” Baumer said. Baumer immediately started to appeal the decision as she spent the next four and a half years behind bars. “I was in my early 20s. I was a young, single female and I didn’t expect for my formative years to be turned upside down. It’s very traumatizing. It would be on anyone,” Baumer said. Baumer’s big change came in 2009 when the University of Michigan’s Innocence Clinic was established, and they wanted to help her with her case. “I would define it as a form of divine intervention,” Baumer said. The clinic allows law students to investigate and litigate prisoners' cases by proposing new evidence. “Julie Baumer’s case was one of the first we took in this clinic that involved changed medical evidence,” said Imran Syed, assistant director of the Michigan Innocence Clinic. The clinic is unique. It handles cases where DNA does not have to be tested.
“The vast majority of criminal cases don’t have DNA evidence. Our clinic was created to look at this large category of cases, really about 90 percent of criminal convictions that have no DNA yet could have many potential people who’ve been wrongfully convicted,” Syed said. Baumer’s retrial happened in 2010. Her attorneys were able to prove the baby suffered from venous sinus thrombosis. He suffered from a form of childhood stroke. “We had experts across the country evaluate her case and they determined that the injuries were largely due to traumatic birth the child had and had nothing to do with abusive contact by Julie or anyone else,” Syed said. Baumer was fully exonerated on Oct. 15, 2010. Although she’s been released, she said her struggles continue. “Homelessness, you’re without your basic needs. You have no home, you have no insurance, you have no medical, you have no work,” Baumer said. She said she still experiences scars. To give back to those who helped in her fight for freedom, Baumer said she talks to law students with the Michigan Innocence Clinic every semester. She also works as a realtor in Metro Detroit. “I’m grateful I’m where I’m at. I’m not where I want to be, but I’m where I’m at,” Baumer said. TV5 has learned that since 1989, nationwide, there have been 2,458 exoneration. Michigan has had 102 cases. In 2016, Michigan signed the Wrongful Imprisonment Compensation Act which compensates exonerees with $50,000 for each year spent in prison. The Michigan Supreme Court said it will look at wrongful conviction cases over the next few months.""
The entire story can be read at:
https://www.wnem.com/news/wrongfully-accused-woman-released-after-help-from-michigan-innocence-clinic/article_f4365dac-42b5-11ea-a1ae-578ca96fe449.htmlBaumer told TV5 she was accused of child abuse in 2004. She said she took her 6-week-old nephew to the hospital and prosecutors claimed she violently shook him. “My sister gave birth to a child that she could not care for. I chose to care for him, unfortunately he had health ailment,” Baumer said.
Doctors said they found a skull fracture and lots of blood. A jury convicted Baumer of child abuse in 2005. “That health ailment was misdiagnosed as being child abuse. I was sentenced to 10 to 15 years after I was convicted,” Baumer said. Baumer immediately started to appeal the decision as she spent the next four and a half years behind bars. “I was in my early 20s. I was a young, single female and I didn’t expect for my formative years to be turned upside down. It’s very traumatizing. It would be on anyone,” Baumer said. Baumer’s big change came in 2009 when the University of Michigan’s Innocence Clinic was established, and they wanted to help her with her case. “I would define it as a form of divine intervention,” Baumer said. The clinic allows law students to investigate and litigate prisoners' cases by proposing new evidence. “Julie Baumer’s case was one of the first we took in this clinic that involved changed medical evidence,” said Imran Syed, assistant director of the Michigan Innocence Clinic. The clinic is unique. It handles cases where DNA does not have to be tested.
“The vast majority of criminal cases don’t have DNA evidence. Our clinic was created to look at this large category of cases, really about 90 percent of criminal convictions that have no DNA yet could have many potential people who’ve been wrongfully convicted,” Syed said. Baumer’s retrial happened in 2010. Her attorneys were able to prove the baby suffered from venous sinus thrombosis. He suffered from a form of childhood stroke. “We had experts across the country evaluate her case and they determined that the injuries were largely due to traumatic birth the child had and had nothing to do with abusive contact by Julie or anyone else,” Syed said. Baumer was fully exonerated on Oct. 15, 2010. Although she’s been released, she said her struggles continue. “Homelessness, you’re without your basic needs. You have no home, you have no insurance, you have no medical, you have no work,” Baumer said. She said she still experiences scars. To give back to those who helped in her fight for freedom, Baumer said she talks to law students with the Michigan Innocence Clinic every semester. She also works as a realtor in Metro Detroit. “I’m grateful I’m where I’m at. I’m not where I want to be, but I’m where I’m at,” Baumer said. TV5 has learned that since 1989, nationwide, there have been 2,458 exoneration. Michigan has had 102 cases. In 2016, Michigan signed the Wrongful Imprisonment Compensation Act which compensates exonerees with $50,000 for each year spent in prison. The Michigan Supreme Court said it will look at wrongful conviction cases over the next few months.""
The entire story can be read at:
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PASSAGE OF THE DAY: National Registry: "At Baumer’s second trial in October 2010, her attorneys presented six expert witnesses who testified that the baby was suffering from Venous Sinus Thrombosis, a form of childhood stroke whose effects can be mistaken for those of Shaken Baby Syndrome. A jury acquitted Baumer of all charges."
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See National Registry of Exonerations entry, by Stephanie Denzel at the link below: "In October 2003, Julie Baumer brought her 6-week-old nephew to the hospital after she noticed that he was lethargic, fussy, and unwilling to eat. Baumer had been caring for the baby in her home in Harrison Township, Michigan, because the child’s mother was a drug addict. Baumer was charged with first-degree child abuse after doctors at the hospital performed a CT scan on her nephew and discovered a skull fracture and a large amount of blood. At trial, two doctors testified for the prosecution. One concluded that the baby had suffered blunt force trauma. The other doctor concluded that the skull fracture was from an older injury, but that the baby was suffering from Shaken Baby Syndrome because of violent shaking by Baumer. There was no other evidence that Baumer abused the baby, or that she was responsible for the injury the child suffered. Shaken Baby Syndrome (SBS) is a term coined to describe a condition first articulated in 1971. SBS is said to arise when an infant is shaken so hard that the brain rotates inside the skull, causing severe and potentially deadly brain injury, but often without any external signs of harm. SBS is said to involve a telltale “triad” of symptoms—brain swelling, brain hemorrhaging, and retinal hemorrhaging. When present in an infant who has no outward signs of abuse, this triad of symptoms indicates that the child has been violently shaken. According to prevailing medical wisdom at the time of the incident, no other injuries or pathologies could cause these three symptoms to occur at the same time. Moreover, it was thought that a victim of SBS became unresponsive immediately, and therefore the last person to have physical care of the baby must have caused the injuries. Baumer’s defense attorney failed to present any medical testimony to rebut the prosecution witnesses. In September 2005, a jury convicted Baumer of first-degree child abuse, and she was sentenced to 10-to-15 years. In 2009, the Michigan Innocence Clinic agreed to represent Baumer on appeal. In November 2009, a Macomb County Circuit Court judge overturned Baumer’s conviction because of the ineffectiveness of her defense attorney, and she was released on bond in December 2009. At Baumer’s second trial in October 2010, her attorneys presented six expert witnesses who testified that the baby was suffering from Venous Sinus Thrombosis, a form of childhood stroke whose effects can be mistaken for those of Shaken Baby Syndrome. A jury acquitted Baumer of all charges."
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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;
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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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