Tuesday, March 31, 2020

Joe Bryan: Texas: Great news (in rather bleak times). Finally. The former high school principal convicted by flawed blood splatter evidence is free - on parole. Kudos to ProPublica and investigative journalist Pamela Colloff for playing a huge role in his release and eventual exoneration which cannot come soon enough. HL. Here is Pamela Colloff's update to her 'Blood will tell" series readers. (Click on the link for Colloff's news story on Joe Bryan's release and what the future holds for him.)


BACKGROUND: "The Texas Board of Pardons and Paroles denied Joe Bryan parole for a seventh time on Friday, citing the brutal nature of the crime he stands convicted of — the 1985 shooting death of his wife, Mickey — in concluding that the 78-year-old “poses a continuing threat to public safety.” Bryan has twice been convicted of Mickey’s murder, which took place in their Clifton, Texas, home. Bryan, then a beloved high school principal, had been attending an education conference in Austin, 120 miles away, in the days surrounding the murder. He has always maintained that he was asleep in his hotel room at the time of the crime. His conviction, for which Bryan has spent 31 years in prison, rested largely on bloodstain-pattern analysis, a technique still in use throughout the criminal justice system, despite concerns about its reliability. At an evidentiary hearing last year in Comanche, Texas, Bryan’s attorneys presented new evidence that jurors who convicted him never heard — most notably, that the forensic testimony used to convict him was erroneous. “My conclusions were wrong,” retired police Detective Robert Thorman, who performed the bloodstain-pattern analysis in the case, wrote in a sworn affidavit submitted to the court. “Some of the techniques and methodology were incorrect. Therefore, some of my testimony was not correct.” Last July, before the hearing, the Texas Forensic Science Commission — which investigates complaints about the misuse of forensic testimony and evidence in criminal cases — announced that the blood-spatter analysis used to convict Bryan was “not accurate or scientifically supported.” In December, however, Judge Doug Shaver, who presided over the evidentiary hearing, recommended that Bryan’s conviction stand, and that he not be granted a new trial. Shaver adopted the prosecution’s findings in their entirety.'
Pamela Colloff: ProPublic: April  5, 2019: “Blood will tell."
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UPDATE: From Pamela Coloff (ProPublica) to her readers (Blood will tell) series, published on March 31, 2020.

GIST: "Hi everyone: This morning, Joe Bryan was released from prison after 33 years behind bars. “Thank you, Father, for taking care of me,” he said, extending his hand toward the sky, his voice choking with emotion. “Hallelujah, praise Jesus!”

I was on the scene in Huntsville, Texas, along with his attorneys and his brother, with whom he will be living in Houston. My latest story details his release and what the future holds for him.

As you may recall, Joe was denied parole seven times since he first became eligible in 2007. It is unclear why the Texas Board of Pardons and Paroles reversed course this month; its deliberations are confidential and exempt from state open-record laws. But its actions followed a concerted effort by his parole attorneys, Allen and Shea Place, and his family to win his release. His legal team now plans to file a federal appeal in the case in the hopes of exonerating him.

Read the story: 
33 Years After Dubious Evidence Helped Convict Him, Joe Bryan Has Been Released on Parole

Thank you for following Joe’s case; I hope this update serves as good news in the midst of a difficult time for so many. Please stay healthy and safe."

Best wishes, 
Pamela Colloff"
https://mail.google.com/mail/u/0/#inbox/FMfcgxwHMZQqKMFfrznXNhGCwjLfdPst


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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