Saturday, January 16, 2021

JoAnn Parks: (Arson 'science.') Part three: The California Innocence explains in an undated, post 2019 release, how the truth of Joann Parks innocence was revealed by a panel headed by fire analyst John Lentini in 2011 - but it wasn't until now that this innocent woman was finally released. (Utterly unjust. Inexcusable. And ultimately it was the Governor and the parole Board who freed her - not the courts. What kind of criminal justice system is that? HL):


RELEASE: California Innocence Project: (post  2019): 

PASSAGE OF THE DAY: "Since 1989, fire science has changed drastically and new techniques and methods of investigations have been discovered. In 2011, an Arson Review Panel, led by John Lentini, a prominent scientific fire analyst, reviewed the evidence, reports, and expert testimony in Joann’s case. Lentini and the panel concluded the fire in Joann’s home was most likely an accident. They found the forensic evidence used during the original investigation was invalid and that the fire investigators who analyzed the case in 1989 simply did not have a proper understanding of the behavior of fire. The Panel’s report documents how the theories of police investigators – that the fire had multiple origins, one in the children’s bedroom and one in the living room – is incorrect. The fire spread from a single origin in the living room, and moved into the children’s bedroom; because the house achieved flashover, it only appeared to the untrained eye that there were two points of origin for the fire. The Panel also considered the fire patterns near the closet door where one of the children was found. Contrary to the conclusions of the police investigators, the Panel determined there was no reliable evidence that something was barricading the door. Rather, the child likely took refuge from the fire in the closet. Ultimately, the Panel concluded that, by modern standards, none of the allegedly incriminating evidence against Joann would withstand scrutiny today. The investigators and jury were misled by bad science, or no science at all."

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BACKGROUND: "JoAnn Parks - arrested and convicted in the tragic accidental fire that resulted in the death of her children - has finally been  released from prison after 29 years of wrongful incarceration.  As the California Innocence Project has informed us: "At the time, the government alleged Parks started the fire. We now know the fire likely started from an appliance in the poorly wired garage the family lived in. The California Innocence Project (CIP) has advocated for Parks’ release for well over a decade. In 2013, three lawyers from CIP walked 712 miles to deliver a clemency petition to then-Governor Jerry Brown. Governor Brown failed to act on the petition. Last year, Governor Gavin Newsom granted Parks’ clemency petition and commuted her Life Without Parole sentence to make her instantly eligible for parole.“ I am thrilled JoAnn Parks is finally free,” said Justin Brooks, Director of the California Innocence Project and a Professor of Law at California Western School of Law. “Nothing could be worse than losing your children and then being wrongfully convicted of their murder. As we learn more about the science of fires, hopefully these kinds of wrongful convictions will no longer occur.”

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PASSAGE OF THE DAY:  On 2016, the Los Angeles Superior Court granted Joann an evidentiary hearing based on her claim that false scientific evidence was presented at her trial. Throughout the hearing, CIP showed that the “science” presented at Joann’s original trial was false. While the respondent’s side admitted much of the evidence was false, they ignored the changes in the science and opined that even with the false evidence, the evidence presented at the original trial was accurate. Unfortunately, the judge viewed the hearing as a battle of experts, and CIP lost."

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GIST: On the night of April 9, 1989, JoAnn Parks put her three children to sleep and went to bed. She woke up around midnight to the sound of her children screaming. The fire that had erupted was so intense she could not get into her children’s bedroom, so she ran next door to her neighbor’s house to call the police. Tragically, no one was able to save her children. Although investigators initially believed the fire to be accidental, they ultimately concluded it was arson. Joann was arrested and put on trial, accused of starting the fire and murdering her children.

At Joann’s trial, fire investigators testified the fire was caused by human origin, rather than by an electrical source. One investigator testified he believed there had actually been two fires, one starting in the living room, and another starting in the children’s bedroom. The presence of two points of origin pointed conclusively to a case of arson; had the fire started accidentally, there would have been only one point of origin. Additionally, one of the children had been found in the closet, and investigators believed the closet door was shut and blocked by a laundry hamper. Joann was convicted of first-degree murder and sentenced to life without the possibility of parole.

Since 1989, fire science has changed drastically and new techniques and methods of investigations have been discovered. In 2011, an Arson Review Panel, led by John Lentini, a prominent scientific fire analyst, reviewed the evidence, reports, and expert testimony in Joann’s case. Lentini and the panel concluded the fire in Joann’s home was most likely an accident. They found the forensic evidence used during the original investigation was invalid and that the fire investigators who analyzed the case in 1989 simply did not have a proper understanding of the behavior of fire.

The Panel’s report documents how the theories of police investigators – that the fire had multiple origins, one in the children’s bedroom and one in the living room – is incorrect. The fire spread from a single origin in the living room, and moved into the children’s bedroom; because the house achieved flashover, it only appeared to the untrained eye that there were two points of origin for the fire.

The Panel also considered the fire patterns near the closet door where one of the children was found. Contrary to the conclusions of the police investigators, the Panel determined there was no reliable evidence that something was barricading the door. Rather, the child likely took refuge from the fire in the closet. Ultimately, the Panel concluded that, by modern standards, none of the allegedly incriminating evidence against Joann would withstand scrutiny today. The investigators and jury were misled by bad science, or no science at all.

In 2016, the Los Angeles Superior Court granted Joann an evidentiary hearing based on her claim that false scientific evidence was presented at her trial. Throughout the hearing, CIP showed that the “science” presented at Joann’s original trial was false. While the respondent’s side admitted much of the evidence was false, they ignored the changes in the science and opined that even with the false evidence, the evidence presented at the original trial was accurate. Unfortunately, the judge viewed the hearing as a battle of experts, and CIP lost. CIP will continue to fight for Joann, who has been wrongfully incarcerated for more than two decades despite the facts that prove her innocence.

The entire release can be read here:

joann-parks

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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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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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