PUBLISHER'S NOTE: The Nevada State Assembly has passed a bill to repeal the state's death penalty and resentence death row prisoners to life without parole. It's too early to breath a sigh of release. The draft bill must still make it through a hearing of the state senate, and the governor has to sign on. However, this is a good first step. In a note on this development, The Death Penalty Information Center refers to the 'Ha’im Al Matin Shar' case as an example of a 'Clark County' Nevada exoneration following a wrongful capital conviction, as follows: "Two Clark County capital defendants, Paul Browning and Roberto Mirando, have been exonerated following wrongful capital convictions. Another, Ha’im Al Matin Sharif, spent 30 years on death row after being wrongfully convicted of killing his girlfriend’s 11-month-old daughter based on junk-science testimony. Medical evidence later revealed that the baby had actually died from infantile scurvy. Clark County prosecutors nonetheless insisted that, to secure his release, Sharif plead guilty to lesser charges, leaving him a murder conviction on his record."
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The Innocence Project comments on this case - which could come straight from the pages of this Blog = at the link below, under the heading,"'Nevada man released from death row after evidence reveals innocence of 1988 murder, at the link below.
PASSAGE OF THE DAY: "Sharif filed many appeals and in 2011, the Federal Public Defender’s Office for the District of Arizona began a review of his case. Attorney Cary Sandman noticed that the child’s injuries were consistent with Barlow’s disease (infantile scurvy). Medical experts reviewed the evidence and agreed. Sandman also discovered some of the child’s injuries occurred before Sharif was living with the child’s mother. Sandman then interviewed the child’s mother, who said her testimony was false and she had never seen Sharif abuse the child. She later recanted her testimony, saying she agreed to lie in court after police threatened to take away her surviving children."
GIST: "A Nevada man was released from death row last week after nearly 29 years in prison for a murder evidence now shows he did not commit.
Ha’im Al Matin Sharif (AKA Charles Robins) was convicted in 1988 and sentenced to death for the murder of his girlfriend’s 11-month-old baby girl. A medical examiner testified the child had been physically abused and ultimately murdered. The child’s mother testified that Sharif physically abused the child.
Sharif filed many appeals and in 2011, the Federal Public Defender’s Office for the District of Arizona began a review of his case. Attorney Cary Sandman noticed that the child’s injuries were consistent with Barlow’s disease (infantile scurvy). Medical experts reviewed the evidence and agreed. Sandman also discovered some of the child’s injuries occurred before Sharif was living with the child’s mother.
Sandman then interviewed the child’s mother, who said her testimony was false and she had never seen Sharif abuse the child. She later recanted her testimony, saying she agreed to lie in court after police threatened to take away her surviving children.
After an evidentiary hearing and a statement from another doctor agreeing the baby died from Barlow’s disease, prosecutors began negotiations for a deal. In the end, Sharif agreed to an amended conviction of second-degree murder and a reduction of his sentence to time served. Had he chose to go back to trial, he could face more years of incarceration and possibly another death sentence.
Sharif told the Arizona Republic that he is looking forward to building a future for himself in Washington state, where he will move in with relatives.
“I have a level of optimism,” he said. “But I’m cautiously optimistic.”
https://innocenceproject.org/nevada-man-released-from-death-row/
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