DEAR READER: Check out the latest post from my weekly 'Selfless Warriors Blog, published earlier today at the link below: "Selfless Warrior Norma Herrera: Texas/Leo Herrera..."Leonel Herrera was convicted in Texas of the1981 murder of a police officer and sentenced to death. After the U.S. Supreme Court ruled against considering the merits of Herrera’s writ of habeas corpus that was based on new evidence of his factual innocence, he was executed in 1993. The Supreme Court’s decision in Herrera’s case, Herrera v. Collins, 506 U.S. 390 (1993), is well-known in legal circles because Justice Blackmun decried the Court’s refusal to consider Herrera’s petition, bluntly writing in his dissent, “The execution of a person who can show that he is innocent comes perilously close to simple murder. ”Herrera’s sister Norma unconditionally supported him, and in the days before his execution he asked her to tell the true story of his case. Fourteen years after his execution she finally completed her book." Reporter Natalie Smith-Parra. Justice Denied."
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Back to The Charles Smith Blog:
PASSAGE OF THE DAY: "
District Attorney Chesea Boudin announced with a news release that his office had posted “a comprehensive list of prosecutions” by an analyst with the Office of Chief Medical Examiner (OCME) who is being investigated in a drug scheme. On August 31, the DA’s office learned that OCME Forensic Laboratory Analyst Justin Volk had been arrested and charged with possession of methamphetamine with intent to distribute in Washington County, Utah. “Volk worked for the OCME and had been assigned to the forensic laboratory for almost thirteen years,” Boudin said in the press release. “During those years, Mr. Volk played a role in many cases prosecuted by the District Attorney’s Office.” Boudin went on to say that the list of prosecutions that Volk was involved in was made public “to provide transparency and empower those whose cases may be affected to explore further.”
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STORY: "San Francisco DA Posts List Of Cases Possibly Impacted By Forensic Lab Analyst Misconduct, published by CBS San Francisco (KPIX) on November 20, 2020.
GIST: "The San Francisco District Attorney’s office on Friday posted an extensive list of cases that could be affected the misconduct of a forensic lab analyst who is being charged with intent to distribute methamphetamine, officials said.
District Attorney Chesea Boudin announced with a news release that his office had posted “a comprehensive list of prosecutions” by an analyst with the Office of Chief Medical Examiner (OCME) who is being investigated in a drug scheme.
On August 31, the DA’s office learned that OCME Forensic Laboratory Analyst Justin Volk had been arrested and charged with possession of methamphetamine with intent to distribute in Washington County, Utah.
“Volk worked for the OCME and had been assigned to the forensic laboratory for almost thirteen years,” Boudin said in the press release. “During those years, Mr. Volk played a role in many cases prosecuted by the District Attorney’s Office.”
Boudin went on to say that the list of prosecutions that Volk was involved in was made public “to provide transparency and empower those whose cases may be affected to explore further.”
“My office has acted with great urgency in responding to the allegations against Justin Volk, and we have prioritized working to review all convictions in cases in which he was involved,” said Boudin. “Ensuring the integrity of our convictions is of the utmost importance, and for that reason, we are publishing this information as part of our commitment to integrity and transparency in the criminal legal system.”
The DA’s office estimated that Volk was involved in “more than 2,500 law enforcement investigations including 500 death investigations, 1,200 sexual-assault investigations, and 800 DUI investigations” as an analyst testing, collecting and preserving evidence in those investigations.
The District Attorney’s office sent a letter to Mayor London Breed and Board of Supervisors President Norman Yee in September to request additional resources “in order to meet the Office’s Constitutional obligation to notify, identify, and investigate the impact of the potential mishandling and misappropriation of OCME property.”
The District Attorney’s letter additionally explained that a surge in appellate filings and requests for new trials in connection with Volk’s involvement was expected that would impact the Boudin’s office. So far, the DA’s office said those additional resources, estimated to cost approximately $455,731, have not been made available.
Boudin’s office noted that there could be additional cases not included on the published spreadsheet prosecutions Volk may have been involved with and that there would be updates. While the DA does not assert that Volk’s involvement necessarily casts doubt any convictions, “the information is provided to facilitate obtaining more details to determine whether any evidence supporting the conviction may have been tainted by Mr. Volk.”
Volk remains under investigation by the San Francisco District Attorney’s Office.
The DA’s office is encouraging anyone whose case might have been impacted to contact their defense attorney to determine whether legal recourse may be available."
The entire story can be read at:
https://sanfrancisco.cbslocal.com/2020/11/20/san-francisco-da-to-post-list-of-cases-impacted-by-forensic-lab-analyst-misconduct/
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; -----------------------------------------------------------------
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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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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