PASSAGE OF THE DAY: "1989, fire science has changed drastically and new techniques and methods of investigations have been discovered. In 2011, an Arson Review Panel, led by John Lentini, a prominent scientific fire analyst, reviewed the evidence, reports, and expert testimony in Joann’s case. Lentini and the panel concluded the fire in Joann’s home was most likely an accident. They found the forensic evidence used during the original investigation was invalid and that the fire investigators who analyzed the case in 1989 simply did not have a proper understanding of the behaviour of fire. The Panel’s report documents how the theories of police investigators – that the fire had multiple origins, one in the children’s bedroom and one in the living room – is incorrect. The fire spread from a single origin in the living room, and moved into the children’s bedroom; because the house achieved flashover, it only appeared to the untrained eye that there were two points of origin for the fire. The Panel also considered the fire patterns near the closet door where one of the children was found. Contrary to the conclusions of the police investigators, the Panel determined there was no reliable evidence that something was barricading the door. Rather, the child likely took refuge from the fire in the closet. Ultimately, the Panel concluded that, by modern standards, none of the allegedly incriminating evidence against Joann would withstand scrutiny today. The investigators and jury were misled by bad science, or no science at all. In 2016, the Los Angeles Superior Court granted Joann an evidentiary hearing based on her claim that false scientific evidence was presented at her trial. Throughout the hearing, CIP showed that the “science” presented at Joann’s original trial was false."
POST: "California Innocence Project: Read their stories," published by The California Innocence Project.
GIST: "On the night of April 9, 1989, JoAnn Parks put her three children to sleep and went to bed. She woke up around midnight to the sound of her children screaming. The fire that had erupted was so intense she could not get into her children’s bedroom, so she ran next door to her neighbor’s house to call the police. Tragically, no one was able to save her children. Although investigators initially believed the fire to be accidental, they ultimately concluded it was arson. Joann was arrested and put on trial, accused of starting the fire and murdering her children.
At Joann’s trial, fire investigators testified the fire was caused by human origin, rather than by an electrical source. One investigator testified he believed there had actually been two fires, one starting in the living room, and another starting in the children’s bedroom. The presence of two points of origin pointed conclusively to a case of arson; had the fire started accidentally, there would have been only one point of origin. Additionally, one of the children had been found in the closet, and investigators believed the closet door was shut and blocked by a laundry hamper. Joann was convicted of first-degree murder and sentenced to life without the possibility of parole.
Since 1989, fire science has changed drastically and new techniques and methods of investigations have been discovered. In 2011, an Arson Review Panel, led by John Lentini, a prominent scientific fire analyst, reviewed the evidence, reports, and expert testimony in Joann’s case. Lentini and the panel concluded the fire in Joann’s home was most likely an accident. They found the forensic evidence used during the original investigation was invalid and that the fire investigators who analyzed the case in 1989 simply did not have a proper understanding of the behavior of fire.
The Panel’s report documents how the theories of police investigators – that the fire had multiple origins, one in the children’s bedroom and one in the living room – is incorrect. The fire spread from a single origin in the living room, and moved into the children’s bedroom; because the house achieved flashover, it only appeared to the untrained eye that there were two points of origin for the fire.
The Panel also considered the fire patterns near the closet door where one of the children was found. Contrary to the conclusions of the police investigators, the Panel determined there was no reliable evidence that something was barricading the door. Rather, the child likely took refuge from the fire in the closet. Ultimately, the Panel concluded that, by modern standards, none of the allegedly incriminating evidence against Joann would withstand scrutiny today. The investigators and jury were misled by bad science, or no science at all.
In 2016, the Los Angeles Superior Court granted Joann an evidentiary hearing based on her claim that false scientific evidence was presented at her trial. Throughout the hearing, CIP showed that the “science” presented at Joann’s original trial was false. While the respondent’s side admitted much of the evidence was false, they ignored the changes in the science and opined that even with the false evidence, the evidence presented at the original trial was accurate. Unfortunately, the judge viewed the hearing as a battle of experts, and CIP lost. CIP will continue to fight for Joann, who has been wrongfully incarcerated for more than two decades despite the facts that prove her innocence.
Joann’s case was covered by Pulitzer Prize winning writer Edward Humes in his book, Burned. Get it on Amazon here."
The entire post can be read at:
https://californiainnocenceproject.org/read-their-stories/joann-parks/-----------------------------------------------------
"California Innocence) Project attorneys also won commutation for David Jassy, a Swedish citizen convicted of second-degree murder in Los Angeles County. Semanchik said Jassy may get out soon and has agreed to immediate voluntary deportation back to Sweden.” (Reporter Pauline Repard: St. Diego Tribune): Jassy, a Swedish citizen, was in Los Angeles for an extended business trip. He was driving in his rented SUV with his girlfriend in the passenger seat. When David’s car stopped past a stop sign, and partially into a crosswalk, pedestrian John Ones got upset because David’s car almost hit him. Ones slapped David’s car and yelled something at David and his girlfriend. David got out of the car and a physical altercation ensued. Ones later died from hitting his head on the ground and from the impact of David’s SUV as David sped away in fear. Although David takes responsibility for the fight, he has always maintained he did not intend to kill Ones, and had no idea his SUV ran over Ones’s body until police told him. (California Innocence Project);
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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