the charles smith blog: May 2020

Sunday, May 31, 2020

Significant Development: George Floyd RIP: Minnesota: His family is pursuing an independent autopsy to be conducted by renowned forensic pathologist Dr. Michael Baden, WVLT8 (Reporter Christina Carrera) reports.

QUOTE OF THE DAY: "We saw in the Eric Garner case, and so many other cases where they have people who work with the city workers come up with things that are such an illusion -- he had asthma, he had a heart condition -- all these things that are irrelevant when they were living, breathing, walking, talking, just fine until the police accosted them," Crump said at a press conference."

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PASSAGE OF THE DAY: "Ben Crump and S. Lee Merritt, attorneys for Floyd's family, announced at a press conference on Friday that they will have Dr. Michael Baden, a renowned forensic pathologist, conduct an independent autopsy instead of the Hennepin County Medical Examiner's office. "Under Minnesota state law, the Medical Examiner is a neutral and independent office and is separate and distinct from any prosecutorial authority or law enforcement agency," according to a statement from the medical examiner's office. "We saw in the Eric Garner case, and so many other cases where they have people who work with the city workers come up with things that are such an illusion -- he had asthma, he had a heart condition -- all these things that are irrelevant when they were living, breathing, walking, talking, just fine until the police accosted them," Crump said at a press conference. Floyd's words were reminiscent of the death of Garner, who died in police custody in July 2014 after being placed in an unauthorized chokehold by NYPD Officer Daniel Panteleo. Panteleo wasn't criminally charged, but he was fired from the force after a departmental trial in 2019. Garner's death also was caught on camera. Baden also conducted an independent autopsy on Garner after a New York City medical examiner determined that a chokehold triggered a fatal cascade of events, including an asthma attack, for the 43-year-old."

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STORY: "Family of George Floyd seeking an independent autopsy," by Reporter Christina, published by ABC News on May 29, 2020.

SUB-HEADING: "The Minnesota man's killing was captured on a 10-minute cellphone video."

GIST: "Attorneys for a Minneapolis man whose last moments alive were captured by a bystander on a 10-minute cellphone video have requested to have an independent autopsy.

George Floyd was accused by a convenience store clerk on May 25 of attempting to use a counterfeit $20 bill when Minneapolis Police Department officers arrived on scene. About 20 minutes later, Floyd was pronounced dead, and four days later, former officer Derek Chauvin was charged with third-degree murder. It's unclear whether Chauvin has retained legal counsel.

None of the other responding officers had been charged as of Friday night.

Chauvin arrived outside the Cup Foods on Chicago Avenue with Officer Tou Thoa to assist two other officers, whose body cameras had been activated, with making the arrest.

Floyd complained of being "claustrophobic" and having troubling breathing before he was wrestled onto the pavement face first, according to the arrest warrant.

Around 8:19 p.m., Chauvin placed his left knee onto the back of Floyd's neck, refusing to move it despite Floyd's pleading, "I can't breathe."

"Should we roll him on his side?" Officer Thomas Lane is heard on bodycam footage asking Chauvin.

"No," Chauvin responded. "Staying put where we got him."

"The defendant had his knee on Mr. Floyd's neck for 8 minutes and 46 seconds in total. Two minutes and 53 seconds of this was after Mr. Floyd was non-responsive. Police are trained that this type of restraint with a subject in a prone position is inherently dangerous," according to the arrest warrant.

Ben Crump and S. Lee Merritt, attorneys for Floyd's family, announced at a press conference on Friday that they will have Dr. Michael Baden, a renowned forensic pathologist, conduct an independent autopsy instead of the Hennepin County Medical Examiner's office.

"Under Minnesota state law, the Medical Examiner is a neutral and independent office and is separate and distinct from any prosecutorial authority or law enforcement agency," according to a statement from the medical examiner's office.

"We saw in the Eric Garner case, and so many other cases where they have people who work with the city workers come up with things that are such an illusion -- he had asthma, he had a heart condition -- all these things that are irrelevant when they were living, breathing, walking, talking, just fine until the police accosted them," Crump said at a press conference.

Floyd's words were reminiscent of the death of Garner, who died in police custody in July 2014 after being placed in an unauthorized chokehold by NYPD Officer Daniel Panteleo. Panteleo wasn't criminally charged, but he was fired from the force after a departmental trial in 2019. Garner's death also was caught on camera.

Baden also conducted an independent autopsy on Garner after a New York City medical examiner determined that a chokehold triggered a fatal cascade of events, including an asthma attack, for the 43-year-old.

Prior to Chauvin's arrest on Friday, Crump and Merritt called for a congressional hearing and a national task force to address deadly police-involved shootings.

"We need a national response -- we can no longer do this on a case-by-case basis" Merritt said.

"We have been dealing with the pandemic of racism and discrimination for far too long," said Ben Crump. "It is a pandemic, a national pandemic, we cannot keep looking at this regionally, this is affecting all African Americans, this a state of emergency. If we don't address this in the next month or two we will see another senseless, unjustifiable killing of an African American at the hands by people who are police or pretend to be police."

The entire story can be read at:

https://www.wvlt.tv/content/news/Family-of-George-Floyd-pursuing-independent-autopsy-570898821.html

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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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James Dailey: Florida: Major (Unwelcome) Development: (Jailhouse informants): A Florida judge has denied the death row inmate a new trial even though no physical evidence tied him to the crime, the conviction was based mainly on the testimony from three jailhouse informants, and a co-defendent has said he alone killed 14-year-old Shelly Boggio in 1985... “Unfortunately, the trial court ruled today that it could not consider the overwhelming evidence of Mr. Dailey’s innocence, including Jack Pearcy’s repeated confessions that he committed the murder alone, because of its view concerning a number of technical legal requirements,” Dailey’s lawyer, Josh Dubin, told the (Tampa Bay) Times."

BACKGROUND: "(James) Dailey is a veteran who has spent 34 years on death row. His conviction was based almost entirely on the testimony of prolific jailhouse informants, one of whom was a known crooked cop facing over 20 counts of fraud and larceny. For his testimony, which also sent three other men to death row and many others to prison, the informant received leniency in his own sentencing. Over the years, numerous other informants have come forward to allege that a man named Jack Pearcy is solely responsible for the crime in question, the murder of a young woman, and, in fact, it was Pearcy that prosecutors initially went after for the crime, but, when a jury failed to hand down a death sentence for him, the prosecutors turned their focus and energy toward Dailey. Pearcy has repeatedly confessed to being the sole perpetrator in the homicide, even going so far as to sign a sworn affidavit at one point. Dailey has also been excluded as a source for the existing forensic evidence in the case, a hair found in the victim’s hand. But none of this really seems to matter in Florida, a state that leads the country in exonerations from death row, with 29, and that has carried the highest number of executions since reinstatement, a whopping 99. Despite all of these factors, Dailey has been unsuccessful at obtaining a new trial and still stands to be executed in the near future."

Hannah Cox: National Manager of Conservatives Concerned About the Death Penalty

https://www.washingtonexaminer.com/opinion/florida-might-soon-execute-an-innocent-man-reminding-us-why-conservatives-should-oppose-the-death-penalty

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STORY: "Florida judge denies new trial for death row inmate in 1985 slaying," by United Press International, published on May 30, 2020.

GIST: "A Florida judge on Friday denied a new trial for a death row inmate convicted of killing a 14-year-old girl in 1985.

Pinellas-Pasco Circuit Judge Pat Siracusa issued the order in response to a March hearing in which James Dailey’s lawyers sought to introduce new evidence exonerating their client.

The Tampa Bay Times reported that the defense team obtained a signed statement from Dailey’s co-defendant, Jack Pearcy, who said he alone killed Shelly Boggio in 1985. During the hearing, though, Pearcy refused to testify.

Siracusa said that because there’s no new evidence, he won’t grant a new trial.

“Unfortunately, the trial court ruled today that it could not consider the overwhelming evidence of Mr. Dailey’s innocence, including Jack Pearcy’s repeated confessions that he committed the murder alone, because of its view concerning a number of technical legal requirements,” Dailey’s lawyer, Josh Dubin, told the Times.

“We respectfully disagree with the court’s ruling and will continue to fight for justice for James Dailey. He did not murder Shelly Boggio.”

Dailey, 73, was sentenced to the death penalty for Boggio’s death, while Pearcy received life in prison. In one statement, Pearcy told investigators that Dailey stabbed Boggio and held her underwater until she drowned.

Her body was found floating in waters off Indian Rocks Beach in Pinellas County.

Dailey was convicted in 1987 based mostly on testimony from three jailhouse informants. There was no physical evidence linking him to the slaying.

The Florida Supreme Court in November rejected Dailey’s appeal for a stay of execution.

Dailey was scheduled for execution on Nov. 7, 2019, but was granted a temporary stay in October by U.S. District Judge William Jung to allow his new attorneys more time to prepare their case.

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The entire story can be read at:
https://www.upi.com/Top_News/US/2020/05/29/Florida-judge-denies-new-trial-for-death-row-inmate-in-1985-slaying/9761590792765/

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See previous post on this Blog: Pamela Colloff's begins her series on jailhouse informants with the Dailey case at the link below:

Pamela Colloff: Police Snitches; (1) Welcome Development. Investigative Reporter Pamela Colloff is embarking on a new series - this time probing use of jailhouse informants by prosecutors. The series centers around a notorious informant named Paul Skalnik - and a man named James Dailey who is currently under an active death warrant in Florida. (This is a ProPublica/New York Times collaboration.) The first report as per the link below, is headed: "He’s a Liar, a Con Artist and a Snitch. His Testimony Could Soon Send a Man to His Death."..." Over the coming months, I will be providing you with background on my investigation into a notorious con artist named Paul Skalnik, who is likely one of the most prolific jailhouse informants in U.S. history, as well as updates on James Dailey, who is currently under an active death warrant in Florida. Skalnik’s testimony helped send Dailey to death row back in 1987. Skalnik testified or gave information in at least 40 different criminal cases in Florida and Texas in the 1970s and 80s. Some of the men he helped send to prison are still behind bars. I have reason to believe that he was involved in more cases, too, which I hope to soon dig into. I’ll use this newsletter to share my findings and to keep you updated on developments in Dailey’s case. A stay of execution is in place through Dec. 30. After that, Gov. Ron DeSantis of Florida can set a new execution date for as soon as January. I’ll also keep you posted about any new information that may shake loose once my story is published."

https://smithforensic.blogspot.com/2019/12/pamela-colloff-police-snitches-1.html

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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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Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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Bill and Bridget Harrison: Ontario: A Death investigation gone wrong: Really wrong... Why were two separate murders in the same house before a third victim was slain? Toronto Sun (Reporter Joe Warmington) reports that an internal review of the Peel Regional Police concludes that if procedures had have been in place they would have determined the husband and wife did not die as a result of an accident. It was not until a third family member, the couple’s son Caleb Harrison, was found dead with blunt force trauma that it became clear this house of horrors at 3635 Pitch Pine Cr. — near Winston Churchill Blvd. and Burnhamthorpe Rd. — was home to three separate homicides. Bill Harrison, 65, Bridget Harrison, 63 and Caleb Harrison, 41, were all found dead between 2009 and 2013. The family issued a statement last year saying they are “haunted by lingering questions about the investigative and forensic handling of the deaths.”

'LEAD' OF THE DAY: "There’s just no getting around the fact cops missed two separate murders in the same Mississauga house before a third victim was slain."

Toronto Sun Reporter Joe Warmington:

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PASSAGE OF THE DAY: "There were also “gaps in communication among police” and with the coroner in both Bill and Bridget’s deaths and that “homicide was not consulted before the case was closed and no inquiries were made by the homicide bureau.”

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STORY: "Warmington: Peel cops releasing internal review of 3 family members deaths," by Reporter Joe Warmington, published by The Toronto Sun on May 22, 2020.

GIST: "There’s just no getting around the fact cops missed two separate murders in the same Mississauga house before a third victim was slain.

The belief that two people were murdered and may not be dead today if an original death was properly investigated sparked investigations that rocked Peel Regional Police. Now comes the results of the Office of the Independent Review Director and an internal investigation — and it’s not going to go down as the service’s finest hour.

Poor note-taking, poor communication and even poorer co-ordination are the themes of an internal review of the handling of the separate murders of Bill and Bridget Harrison. Turns out if procedures had have been in place they would have determined the husband and wife did not die as a result of an accident.

It was not until a third family member, the couple’s son Caleb Harrison, was found dead with blunt force trauma that it became clear this house of horrors at 3635 Pitch Pine Cr. — near Winston Churchill Blvd. and Burnhamthorpe Rd. — was home to three separate homicides.

Bill Harrison, 65, Bridget Harrison, 63 and Caleb Harrison, 41, were all found dead between 2009 and 2013.

The family issued a statement last year saying they are “haunted by lingering questions about the investigative and forensic handling of the deaths.”

The first two deaths, police missed. The third was just too much of a coincidence.

“The officers involved in the death investigation of Bridget Harrison ultimately concluded that foul play was not a factor,” said a report by Insp. Joseph Paolini. “The administrative review has determined that this conclusion was made in error.”

Melissa Merritt, Caleb’s ex, and her new spouse Christopher Fattore were eventually charged in connection with the three murders. But only two of the cases led to convictions.

Nothing will ever fix what was lost here. But Peel cops are taking responsibility and making the necessary adjustments.

“At no time does a police officer wish to be involved in an investigation that fails to uncover the truth,” said the internal report’s conclusion. “The investigations surrounding the death of Bill, Bridget and Caleb Harrison are of great concern to members of the Peel Regional Police.”

The report has determined the first death was missed as a homicide due to a “lack of ownership” of the case by detectives.

“The constable who was initially in charge of the investigation into Bridget’s death was relieved by an acting detective as the primary investigator. Within three weeks of the death, neither of these officers were actively working on the investigation” and there was “confusion over who was responsible.”

There were also “gaps in communication among police” and with the coroner in both Bill and Bridget’s deaths and that “homicide was not consulted before the case was closed and no inquiries were made by the homicide bureau.”

“I recognize the significant trauma that these three deaths have had on the members of the Harrison Family,” said Chief Nishan Duraiappah. “The OIPRD report revealed a number of similar themes to our internal review, based on which we have already made numerous changes and we will continue to make more as they are identified.”

The goal is to learn from the mistakes.

From now on a “detective-sergeant in Homicide” will “review all sudden death reports monthly to prevent any case from slipping between the cracks.

These reviews show Peel Regional Police missed two homicides in the same house that was followed by a third and there is no getting around that. But they also show the integrity of Peel Regional Police into transparency, accountability and honesty that they accepted their mistakes and have vowed to fix them."

The entire story can be read at:

https://torontosun.com/news/local-news/warmington-peel-cops-releasing-internal-review-of-3-family-members-deaths

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Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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Saturday, May 30, 2020

George Floyd: Minnesota: RIP: Important post from Dr. Michael Bowers (Forensics and Law in Focus - CSIDDS) who says some "qualified" 'talking heads' are buying into the pot-used police excuse that 'excited delirium' justified the police It is called a “syndrome.” That’s medical talk for a multiple series of symptoms that are considered to characterize a disease. They occur together, but they might not always have a definite cause. A well known forensic pathologist, probably 30 years ago, began to label police custody deaths associated with physical restraint used to subdue an uncooperative detainee as this syndrome. The MN death of Mr. Floyd is wrongly being explained as such, which all adds to the PR of the police defense against their current charges. We are witnessing a forensic mis-diagnosis when you hear its use in the media. George Floyd showed none of these symptoms. This symptom-less mechanism of death only happens when police are present."

PASSAGE OF THE DAY: "It is called a “syndrome.” That’s medical talk for a multiple series of symptoms that are considered to characterize a disease. They occur together, but they might not always have a definite cause. A well known forensic pathologist, probably 30 years ago, began to label police custody deaths associated with physical restraint used to subdue an uncooperative detainee as this syndrome. The MN death of Mr. Floyd is wrongly being explained as such, which all adds to the PR of the police defense against their current charges. We are witnessing a forensic mis-diagnosis when you hear its use in the media." George Floyd showed none of these symptoms. This symptom-less mechanism of death only happens when police are present. Im not the only one who has seen these preventable tragedies in the media. Here are some links to how this junk expertise is used to condone police physical abuse and disregard for proper police procedures and human life."

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PASSAGE OF THE DAY: "

POST: Forensic Pathology: "Excited Delirium" excused used in MN police restraint death of George Floyd," by Dr. Michael Bowers, posted on his noteworthy Blog 'Forensics and Law in Focus' (CSIDDS) on May 29, 2020.

GIST: "Today certain “qualified” talking heads in the media have copied the unfounded and rather illogical theory that is used in every police custody restraint death case as a defense. There is a medically noted condition that has been seen in emergency rooms which is associated with severe agitation, sweating, cardiac arythmias, drug use (in some cases), psychological disturbances and sudden death. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3088378/

It is called a “syndrome.” That’s medical talk for a multiple series of symptoms that are considered to characterize a disease. They occur together, but they might not always have a definite cause. A well known forensic pathologist, probably 30 years ago, began to label police custody deaths associated with physical restraint used to subdue an uncooperative detainee as this syndrome. The MN death of Mr. Floyd is wrongly being explained as such, which all adds to the PR of the police defense against their current charges. We are witnessing a forensic mis-diagnosis when you hear its use in the media.

George Floyd showed none of these symptoms. This symptom-less mechanism of death only happens when police are present.

Im not the only one who has seen these preventable tragedies in the media.

Here are some links to how this junk expertise is used to condone police physical abuse and disregard for proper police procedures and human life.

https://www.washingtonpost.com/local/crime/existence-of-excited-delirium-ruling-in-va-womans-death-has-experts-split/2015/05/06/b1cc9499-ddaa-474c-9e8a-9ae89a9ae679_story.html

How police can prevent what happened to Mr. Floyd. From a police procedural website. Mr. Floyd was killed from……

https://www.policemag.com/524139/how-to-prevent-positional-asphyxia

The federal National Institute of Justice has a four page document on retrainst asphyxia during police custody..."

The entire post can be read at:

https://csidds.com/2020/05/29/forensic-pathology-excited-delerium-excuse-used-in-mn-police-restraint-death-if-georgefloyd/

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Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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Biden accuser Tara Reade: (Alexandra McCabe): California: Expert witness? Question of the day (Raised by Associated Press story that is the subject of this post): Why didn't Prosecutors investigate her credentials before calling her as a witness on domestic violence cases?...State prosecutors in Central California are investigating the credentials that Tara Reade, the former Senate staffer who has accused Joe Biden of assaulting her in 1993, attested to in as many as 20 criminal trials, including an attempted murder case where her testimony was deemed “critical.” The Monterey County District Attorney’s office said it never tried to verify the credentials on her resume before using her as a paid expert witness on domestic violence issues. Reade, who went by Alexandra Tara McCabe, made several claims on her resume and in court that have now come into question."

PUBLISHER'S NOTE: I was surprised to see Tara Reade (AKA Alexandra McCabe) back in the news because it appeared to me on the basis of everything I read that her accusation against Former Vice President Joe Biden had been thoroughly discredited. Now we have learned that the proverbial shoe is on the other foot. She is currently under investigation by a district attorney for alleged lying under oath when testifying for the government as an expert witness in court on domestic violence cases - and by defence attorneys who are concerned that she may have falsely testified against their clients. As evidenced by this post, the plot thickens with prosecutor's acknowledgement that they did not check out Reade's credentials before calling her to give expert evidence in criminal cases (a major failing of prosecutor's in the Charles Smith cases). Stay tuned.

Harold Levy: Publisher; The Charles Smith Blog.

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QUOTE OF THE DAY: "Philadelphia defense lawyer Alan Tauber, who has worked on exoneration cases, said questions about an expert’s qualifications can be “enough to stain a case.” “The assumption is if you have an expert here, they’ve been vetted,” said Tauber, now the city’s first assistant public defender. “If you were to find one dishonest thing in her credentials, the entire house of cards falls.""

PASSAGE OF THE DAY: "Defense lawyers could seek to have their clients’ convictions overturned in some or all of those cases, depending on the weight of the other evidence. The statute of limitations for perjury in California is three years, they said. In the December 2018 case, Reade’s testimony helped send Jennifer Vasquez and Victoria Ramirez to prison for seven years to life in an arson and attempted murder case. The victim, a man, had been in a volatile relationship with Vasquez. He initially told police he saw two women running from the scene, but days later recanted, saying he had instead seen two men, defense lawyers said. “She comes to court and says he’s probably lying (the second time) because it was a domestic violence situation,” said Roland Soltesz, who represented Ramirez. “When she started testifying, she immediately started talking about Joe Biden and the Violence Against Women Act. To me, that actually made her sound credible to the jury.” A month later, after James Sloop, 41, was convicted of holding his ex-girlfriend against her will, prosecutors sent out a press release that said McCabe, “a domestic violence expert, provided critical testimony which aided the jury’s understanding as to why victims of domestic violence recant, minimize, and frequently stay in abusive relationships.” Sloop is appealing the conviction, which led to a 17-year sentence on a firearm charge and other charges."

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STORY:"Biden accuser Tara Reade's credentials, expert testimony under scrutiny by Monterey prosecutors (Associated Press) published by CBS News KPLX on May 28, 2020.

GIST: State prosecutors in Central California are investigating the credentials that Tara Reade, the former Senate staffer who has accused Joe Biden of assaulting her in 1993, attested to in as many as 20 criminal trials, including an attempted murder case where her testimony was deemed “critical.”

The Monterey County District Attorney’s office said it never tried to verify the credentials on her resume before using her as a paid expert witness on domestic violence issues. Reade, who went by Alexandra Tara McCabe, made several claims on her resume and in court that have now come into question.

Reade said she had a bachelor’s degree from Antioch University, which the school denies. She said she worked in Biden’s office from 1991 to 1994, while Senate records show her there from December 1992 to August 1993. And she said she served as legislative aide for Biden while he worked on the Violence Against Women Act, while witnesses and records describe her holding a more junior role, sometimes supervising interns or handling mail.

“We are investigating whether Ms. McCabe gave false testimony under oath,” Chief Assistant District Attorney Berkley Brannon of Monterey County said Wednesday.

“At the time, we did not contact the schools she said she attended to see if they would disclose her records. We did not require that she provide proof of all the extensive professional training and experience listed on her CV (curriculum vitae),” Brannon told The Associated Press in an email.

Defense lawyers are also investigating her testimony, hoping to glean the extent of her work through county payment records. Brannon said it was not yet clear how often she gave expert testimony.

Reade, testifying in December 2018, said: “I was just doing the math. It’s been over 20 times.” A month later, before the same judge and prosecutor, she said the number was “I think at least 10.”

Defense lawyers could seek to have their clients’ convictions overturned in some or all of those cases, depending on the weight of the other evidence. The statute of limitations for perjury in California is three years, they said.

In the December 2018 case, Reade’s testimony helped send Jennifer Vasquez and Victoria Ramirez to prison for seven years to life in an arson and attempted murder case. The victim, a man, had been in a volatile relationship with Vasquez. He initially told police he saw two women running from the scene, but days later recanted, saying he had instead seen two men, defense lawyers said.

“She comes to court and says he’s probably lying (the second time) because it was a domestic violence situation,” said Roland Soltesz, who represented Ramirez. “When she started testifying, she immediately started talking about Joe Biden and the Violence Against Women Act. To me, that actually made her sound credible to the jury.”

A month later, after James Sloop, 41, was convicted of holding his ex-girlfriend against her will, prosecutors sent out a press release that said McCabe, “a domestic violence expert, provided critical testimony which aided the jury’s understanding as to why victims of domestic violence recant, minimize, and frequently stay in abusive relationships.”

Sloop is appealing the conviction, which led to a 17-year sentence on a firearm charge and other charges.

In both trials, the defense lawyers questioned Reade about her education and experience.

“Well, I worked originally for former U.S. Senator Joseph Biden as a legislative aide. He worked on the Violence Against Women Act. He was one of the sponsors,” Reade testified at Sloop’s trial.

“Do you have an undergraduate degree?”

“Antioch University,” she replied, according to the transcript, which the AP obtained.

Reade this month has continued to challenge Antioch’s statement that she never finished a degree program there. However, she has not been able to produce any documentation. She did complete a law degree from the Seattle University in 2004, but said she never became licensed to practice law.

Reade, 56, changed her name to Alexandra McCabe after fleeting an abusive husband in 1996. She later returned to using Reade. Her career experience includes several stints working with domestic violence organizations, along with work with animal rescue groups.

“I have reached out to the DA and I am ready to assist anyway that is needed,” Reade said Wednesday.

Reade earlier this year said that Biden digitally penetrated her and groped her in the basement of a Capitol Hill office building in spring 1993. Biden has vehemently denied her claims, and current and former Biden staffers say they cannot recall such an incident. Last week, as questions about her California court testimony emerged, prominent #MeToo lawyer Douglas Wigdor dropped Reade as a client.

Philadelphia defense lawyer Alan Tauber, who has worked on exoneration cases, said questions about an expert’s qualifications can be “enough to stain a case.”

“The assumption is if you have an expert here, they’ve been vetted,” said Tauber, now the city’s first assistant public defender. “If you were to find one dishonest thing in her credentials, the entire house of cards falls.""

The entire story can be read at:

https://sanfrancisco.cbslocal.com/2020/05/28/tara-reade-joe-biden-accuser-credentials-monterey-county-da-investigation/

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Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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Walter 'Arkie' Barton: Missouri; RIP: Catholic death penalty opponents decry the first execution carried out during the pandemic, 'Our Sunday Visitor (Reporter Carol Zimmerman) reports..."The Catholic Mobilizing Network also noted Barton's "execution went forward despite his strong claim of innocence" and stressed that his murder conviction was "largely based on the testimony of an unreliable jailhouse informant and the use of bloodstain pattern analysis — a forensic method with questionable validity."

QUOTE OF THE DAY: "Our nation has gone to great lengths to save lives and prevent unnecessary loss of life during the COVID-19 crisis," said Krisanne Vaillancourt Murphy, executive director of Catholic Mobilizing Network, a group working to end the death penalty and promote restorative justice. "It's tragically contradictory that Missouri put a man to death amidst the herculean efforts we see daily to protect life," she said in a statement, adding that his execution was "wrong-headed and unconscionable."

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PUBLISHER'S NOTE" The rush of the State of Missouri to kill Walter Barton, who had strong claims of innocence, was obscene. As reporter Carol Zimmermen points out, "Barton, who was 64, spent 26 years on death row and was confined to a wheelchair with a severe neurological disorder due to a traumatic brain injury." Moreover, Missouri would be the first state to move forward with an execution during the COVID-19 pandemic, even though the Missouri Department of Corrections has suspended all prison visits until June 18, and 15 states, including Ohio and Texas, have stayed, rescheduled, or granted reprieves for executions during the pandemic. The "strict protocols" to protect workers and visitors from exposure to the coronavirus were also chilling. People who entered the prison had their temperatures checked and face masks were required. What a contradiction in terms. A sanitary execution.

Harold Levy: Publisher: The Charles Smith Blog.

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STORY" "Death Penalty Opponents decry first execution carried out amid pandemic," by reporter Carol Zimmermann, published by Our Sunday Visitor on May 21, 2020.

GIST: "Catholic advocates against the death penalty spoke out against Missouri's May 19 execution of a death-row inmate, Walter Barton, whose death by lethal injection was the first execution to happen during the pandemic.

So far, amid the coronavirus pandemic in the United States, eight executions have been rescheduled citing concerns over COVD-19 infections.

"Our nation has gone to great lengths to save lives and prevent unnecessary loss of life during the COVID-19 crisis," said Krisanne Vaillancourt Murphy, executive director of Catholic Mobilizing Network, a group working to end the death penalty and promote restorative justice.

"It's tragically contradictory that Missouri put a man to death amidst the herculean efforts we see daily to protect life," she said in a statement, adding that his execution was "wrong-headed and unconscionable."

Capital punishment opponents also pointed out that Barton's execution went forward despite his strong claims of innocence.

Sister Helen Prejean, a Sister of St. Joseph of Medaille, who is a longtime opponent of the death penalty, said in a May 18 tweet that Barton had been tried five separate times for the same crime and that "at least three of the jurors that sent him to death row now have doubts after seeing new evidence."

She said Missouri Republican Gov. Mike Parson "should stop this execution" and appoint a board of inquiry "to figure out what really happened."

She wasn't the only one asking the governor to stop this execution. Representatives of the Missouri Catholic Conference, Missourians for Alternatives to the Death Penalty and the National Association for the Advancement of Colored People delivered over 5,000 petitions, including 2,500 petitions from the Catholic Mobilizing Network, to the governor, asking Parson to stop Barton's scheduled execution.

On its website, the Missouri Catholic Conference, the public policy arm of the state's bishops, said

It pointed out that Missouri would be the first state to move forward with an execution during the COVID-19 pandemic, even though the Missouri Department of Corrections has suspended all prison visits until June 18, and 15 states, including Ohio and Texas, have stayed, rescheduled, or granted reprieves for executions during the pandemic.

The governor said May 18 he would not stop the execution, which took place in a state prison in Bonne Terre, south of St. Louis. Strict protocols were in place to protect workers and visitors from exposure to the coronavirus. People who entered the prison had their temperatures checked and face masks were required.

Barton was convicted in 1991 for fatally stabbing an 81-year-old woman. His execution was delayed for years because of appeals, mistrials and two overturned convictions. Appeals were rejected during Barton's final days. A federal appeals court May 17 overturned a 30-day stay of execution granted by a judge on May 15 and the U.S. Supreme Court on May 19 denied Barton's attorney's request for a stay of execution.

The Associated Press reported that Barton's final statement released prior to his execution, said: "I, Walter 'Arkie' Barton, am innocent and they are executing an innocent man!!"

The Catholic Mobilizing Network also noted Barton's "execution went forward despite his strong claim of innocence" and stressed that his murder conviction was "largely based on the testimony of an unreliable jailhouse informant and the use of bloodstain pattern analysis — a forensic method with questionable validity."

"Today, as we mourn the unnecessary loss of Walter Barton, we cannot ignore the stark inconsistencies in how society views some lives as valuable, and others as worthless," Vaillancourt Murphy said.""

The entire story can be read at:

https://www.osvnews.com/2020/05/21/death-penalty-opponents-decry-first-execution-carried-out-amid-pandemic/

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Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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Tune into The Charles Smith Blog at:

http://www.smithforensic.blogspot.com

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Friday, May 29, 2020

Walter Barton: Missouri: RIP: Commentator Hannah Cox, National Manager of Conservatives Concerned About the Death Penalty) looks at the junk science blood splatter evidence that led to the recent execution by the State of Missouri..."It should be noted here that blood spatter analysis is one of many junk sciences that have been presented to juries as concrete evidence. Such was the case in Barton's trial where "experts" claimed he could have only gotten this type of evidence on his shirt by stabbing the victim. It's utter hogwash, and he wouldn't be the first innocent person to lose his life based off bogus forensics. In the weeks leading up to his execution, several of the jurors who sentenced him to die signed affidavits asserting that they would not have support the death sentence had they been given proper information on the fallibility of blood spatter analysis."

PASSAGE OF THE DAY: "As I've written before, it is very difficult to extricate an innocent person from our legal system. Even when there is overwhelming evidence, the machine works against reversal and release. Barton's case isn't the only one of concern working its way through the death penalty system's coils during COVID-19 either. In neighboring Oklahoma, the case of Julius Jones continues to garner national attention as the clock ticks down. Jones' case contains many of the usual corrupt storylines — inconsistencies in the prosecution's case, racially charged statements by a juror, and very shaky evidence. He has been on death row for 19 years and has exhausted his appeals. Oklahoma, which has wrongfully convicted at least 10 people in its death penalty history (out of 113 executions) and had to take a break from carrying out executions because it kept botching them, recently announced it intends to start executing people again. Oklahoma has the third largest death row in the country, and Jones along with 16 others could soon see execution dates scheduled.

COMMENTARY: "Killing in the age of Covid-19" by Hannah Cox, published by newsman on May 29, 2020. Hannah Cox is the National Manager of Conservatives Concerned About the Death Penalty.

GIST: "As the majority of the country works to save lives from the coronavirus, and as states face coming budget shortfalls, some states are still devoting resources to carrying out executions.

This month, Missouri killed Walter "Arkie" Barton, marking the country's first execution since the COVID-19 crisis began. Most states halted these proceedings early on, noting their inability to thoroughly carry out the appellate process with their court systems currently down. Even Texas, which has been responsible for half of the country's dwindling number of executions over the past five years, has temporarily shuttered its execution chamber.

Not only did Missouri decide that carrying out an execution was worth the public health risk the proceeding itself entailed, they also likely killed an innocent man. Barton maintained his innocence throughout the 29 years he spent on death row. His final words before being killed at the hands of his government were: "I, Walter 'Arkie' Barton, am innocent and they are executing an innocent man!!"

Aside from Barton's personal statements, there were other indicators of innocence around the case. He was convicted of killing an elderly woman, Gladys Kuehler, who operated a mobile home park. Barton had previously rented from Kuehler and was at the park the night of her attack visiting a neighbor and Kuehler's granddaughter. Together, they happened upon the crime scene, meaning he had a pretty sound alibi for the evening.

He was charged for the crime due to the presence of some blood spatter on his clothing, blood spatter that he maintained must have gotten there when he pulled Kuehler's granddaughter back from the body. This, and little else, was used to convict him and send him to death row.

It should be noted here that blood spatter analysis is one of many junk sciences that have been presented to juries as concrete evidence. Such was the case in Barton's trial where "experts" claimed he could have only gotten this type of evidence on his shirt by stabbing the victim. It's utter hogwash, and he wouldn't be the first innocent person to lose his life based off bogus forensics.

In the weeks leading up to his execution, several of the jurors who sentenced him to die signed affidavits asserting that they would not have support the death sentence had they been given proper information on the fallibility of blood spatter analysis. The Innocence Project also attempted to prevent this execution citing unreliable evidence and concerns over the state's previous handling of innocence cases. None of that was enough to convince the courts or the governor to intervene.

As I've written before, it is very difficult to extricate an innocent person from our legal system. Even when there is overwhelming evidence, the machine works against reversal and release.

Barton's case isn't the only one of concern working its way through the death penalty system's coils during COVID-19 either. In neighboring Oklahoma, the case of Julius Jones continues to garner national attention as the clock ticks down. Jones' case contains many of the usual corrupt storylines — inconsistencies in the prosecution's case, racially charged statements by a juror, and very shaky evidence. He has been on death row for 19 years and has exhausted his appeals.

Oklahoma, which has wrongfully convicted at least 10 people in its death penalty history (out of 113 executions) and had to take a break from carrying out executions because it kept botching them, recently announced it intends to start executing people again. Oklahoma has the third largest death row in the country, and Jones along with 16 others could soon see execution dates scheduled.

We already know that the death penalty wastes tens of millions of dollars. It isn't a deterrent, frequently convicts the wrong person, and is based almost entirely on the location of the crime, followed by the socioeconomic and racial status of the defendants and victims. It's a nonsensical program, even in the best of times, that is driven purely by emotion — which is not the way we should set public policy. But watching states twist themselves in knots to carry out executions, as their budgets collapse and all hands-on deck are needed to address the looming economic crisis, really highlights the ineptitude of government.

There's enough death in the age of COVID. The government should not be contributing to it."

The entire story can be read at:

https://www.newsmax.com/hannahcox/capital-punishment-coronavirus/2020/05/29/id/969585/

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Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;