QUOTE OF THE DAY: "It’s disheartening to learn that a law enforcement agency altered evidence in order to prosecute an innocent member of the community,” Joel Schwartz, the McCloskeys' attorney, told KSDK of St. Louis on Wednesday."
PASSAGE OF THE DAY: "McCloskey and her husband, Mark, have alleged that the handgun she waved toward protesters last month was inoperable, claiming it was a prop during a lawsuit they once filed against a gun manufacturer. The couple said they made the weapon inoperable in order to bring it into a courtroom. Missouri law orders police and prosecutors to prove that a weapon is "readily" capable of lethal use when it's used in the type of crime for which the McCloskeys have been charged.
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STORY:"St. Louis prosecutor instructed crime lab experts to reassemble Patricia McCloskey's gun, by Reporter Mica Soellner, published by The Washington Examiner on July 22, 2020. (Thanks to Dr. Mike Bowers of 'Forensics and law in focus' (CSIDDS) for bringing this story to our attention.) HL.
GIST: "A St. Louis prosecutor ordered Patricia McCloskey's gun to be dismantled and reassembled, noting that it was "readily capable of lethal use" in charging documents.
Assistant Circuit Attorney Chris Hinckley ordered crime lab staff members to field strip the handgun, finding it had been assembled incorrectly, according to the documents filed Monday. The firing pin spring was put in front of the firing pin, which was backward, raising questions about the gun's ability to fire. Firearms experts then reassembled the gun correctly and found it worked by test-firing it.
The McCloskeys are being investigated by St. Louis Circuit Attorney Kim Gardner's office for pointing weapons at protesters marching through their gated community to demand the resignation of the city's mayor. They were charged with unlawful use of a weapon on Monday.
The couple, who went viral in the video of the incident, have defended their actions, saying they were acting in self-defense."
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/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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