Sunday, January 10, 2021

Australia Watch (Part Four): Robert Xie: New Years hope for old injustices; Author/Blogger Andrew L. Urban includes him on his list of, "poor unfortunate souls who have suffered the catastrophe of a wrongful conviction," and contends that, "A gullible media and a jury bamboozled by a practiced prosecutor accepted the Crown’s assertion that mild mannered former ear surgeon Robert Xie from China bludgeoned to death five members of his wife’s family in their beds without leaving his DNA or generating any other evidence that links him to the crime. "


PASSAGE OF THE  DAY: "As the three learned judges continue to consider his appeal (heard mid 2020) against the five murder convictions, they will come face to face with the single most crucial aspect of the case: Xie’s alibi – which the Crown did not disprove."

SUMMARY OF POST: "Robert Xie’s appeal against his (unconvincing) 2017 conviction of brutally murdering five members of his wife’s family in 2009 was heard in June/July 2020. The three judges have given no indication of when they might deliver their decision/s. Only hope and optimism prompts us to imagine it will be in the first half of 2021, and that it will be favourable to him."

GIST: "Robert Xie – a spotless massacre: "A gullible media and a jury bamboozled by a practiced prosecutor accepted the Crown’s assertion that mild mannered former ear surgeon Robert Xie from China bludgeoned to death five members of his wife’s family in their beds without leaving his DNA or generating any other evidence that links him to the crime. To recap: Robert Xie and his wife Kathy have always maintained he was in their bed beside her at the relevant time on the 2009 night of the Lin family murders, for which he was sentenced to life imprisonment without parole in 2017. As the three learned judges continue to consider his appeal (heard mid 2020) against the five murder convictions, they will come face to face with the single most crucial aspect of the case: Xie’s alibi – which the Crown did not disprove. And yes, there is the matter of the DNA – not Xie’s at the crime scene, of which there was none. Instead, in a stretch by the Crown to implicate Robert in the crime with a tiny speck of material with DNA (not blood and never scientifically clarified) on his garage floor – 200 metres from the Lin family home where the murders took place. The garage where the two families often played badminton …The Crown was left hoping to rely on the testimony of Witness A, the jail snitch who was trying to entrap Xie with an indecipherable covert recording. The jury bought the Crown’s case and convicted him."

The entire post can be read at:

https://wrongfulconvictionsreport.org/2020/12/17/new-year-hopes-for-old-injustices/#more-2604

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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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;