PUBLISHER'S NOTE
How do prosecutors get the conviction when they don't have the DNA in an era where jurors tend more and more to want DNA or CSI stuff to get the conviction? There many dark, oh so dark ways. fabricate, coerce or induce a confession (or just use a bit of intimidation or maybe some physical violence), conceal the deal made with a jailhouse informant desperate to get out of prison early, or rig a photo identification or actual line-up so that there is only one choice. Guess who? The Collanan case presents one more technique that prosecutors more and more use to get a conviction when there is no DNA evidence - coach the witness. Use your position of power and leverage to get the witness to lie in the witness box (and then defend the witnesses credibility as actually happened in this case where the prosecutor) - oops, former prosecutor, ended up in the headlights. As with the other techniques where there is no DNA or other physical evidence, , coaching witnesses is an abuse of power that should be dealt with severely (as rarely happens).Maybe that will change in the aftermath of the brutal police killing of George Floyd, may he rest in peace. Oh yes. Congrats to St. Louis County Prosecutor Wesley Bell and his new Conviction and Incident Review Unit on 'springing' their first wrongly convicted person from prison. I wish them many, many more.
Harold Levy: Publisher: The Charles Smith Blog.
----------------------------------------------------------------
PASSAGE OF THE DAY: " There was only one witness. Before trial, the eyewitness confessed to the prosecutor in the case that she may have, in fact, seen a second car fleeing the scene. The prosecutor told her not to “volunteer” this information unless “specifically asked to do so.” “Without her coached testimony, there would have been no case against Mr. Callanan,” said Cheryl Pilate and Lindsay Runnels, counsel for Callanan. “We are grateful that the Missouri Supreme Court recognized the violations of Mr. Callanan’s constitutional rights, leading to his release from prison after nearly 25 years.”
-------------------------------------------------------
STORY: "County Prosecutor's conviction integrity unit springs wrongly convicted man from prison," published by The St. Louis American on June 11, 2020."
------------------------------
GIST: "St. Louis County Prosecutor Wesley Bell’s new Conviction and Incident Review Unit has sprung its first wrongly convicted person from prison.
In 1996, a St. Louis County jury found that Lawrence Callanan shot John Schuh to death in Spanish Lake. The St. Louis County Circuit Court sentenced Callanan to life without the possibility of probation or parole for murder and 30 years for armed criminal action.
Now 24 years later on May 29, the Missouri Supreme Court issued an order overturning Callanan’s conviction. The order relies on a report prepared by a special master appointed by the court, which details serious misconduct committed by a former prosecutor in this office.
“The report found that the prosecutor did things that no prosecutor should do: he encouraged a witness to withhold the truth, he failed to alert defense counsel to exculpatory evidence, and he allowed or encouraged a witness to testify falsely,” Bell said in a press release.
There was only one witness. Before trial, the eyewitness confessed to the prosecutor in the case that she may have, in fact, seen a second car fleeing the scene. The prosecutor told her not to “volunteer” this information unless “specifically asked to do so.”
“Without her coached testimony, there would have been no case against Mr. Callanan,” said Cheryl Pilate and Lindsay Runnels, counsel for Callanan. “We are grateful that the Missouri Supreme Court recognized the violations of Mr. Callanan’s constitutional rights, leading to his release from prison after nearly 25 years.”
Bell’s new Conviction and Incident Review Unit — which he established last year to review allegations of wrongful convictions — recommended to Bell that no further charges be pursued against Callanan. Bell has accepted that recommendation. On Tuesday, June 2, he filed an order informing the court that he would not refile charges against Callanan."
The entire story can be read at:
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/
------------------------------
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;
------------------------------
Tune into The Charles Smith Blog at:
http://www.smithforensic.
------------------------------
