Wednesday, April 14, 2021

Tilon Lashon Carter: Death Row: Texas: (Part ONE): Major Development: (Read this and weep. HL): Sentenced to death in 2004, a judge has ordered a new trial because of false and misleading testimony by Tarrant County Medical Examiner Dr. Nizam Peerwani, "in at least 10 crucial elements of the prosecution case," NBC (Reporter Scott Gordon) reports...Westfall focused largely on Peerwani’s testimony that the victim was suffocated, which Peerwani later acknowledged was just a possibility and may not have happened at all, according to the judge's finding. Peerwani also failed to disclose that he found a pacemaker in Tomlin’s chest during his autopsy, which could have suggested he died of a cardiac issue instead of a respiratory one, the judge said.'


PASSAGE OF THE DAY: "The defendant in the death penalty case, Tilon Lashon Carter, was convicted in 2006 for the murder and home invasion robbery of 89-year-old James Tomlin after Peerwani offered key testimony during the trial. (Judge) Westfall focused largely on Peerwani’s testimony that the victim was suffocated, which Peerwani later acknowledged was just a possibility and may not have happened at all, according to the judge's finding. Peerwani also failed to disclose that he found a pacemaker in Tomlin’s chest during his autopsy, which could have suggested he died of a cardiac issue instead of a respiratory one, the judge said. The judge also said Peerwani confused the terms abrasion and contusion and gave faulty testimony about teeth marks on the victim's lips, concluding in the trial that the marks were evidence of suffocation, but admitting at a hearing later that that wasn't necessarily the case.“There is at least a reasonable likelihood that the false testimony could have affected the judgment of the jury,” the judge said."


STORY: "Death row inmate should get   new trial after false testimony by Tarrant Medical Examiner: Judge," by Reporter Scott Gordon, published by  NBC (DFW), on April 6, 2021.


SUB-HEADING: "Inmate is on death  row for 2004 Fort Worth murder."


GIST: A man who was sentenced to death in a 2004 Fort Worth murder case should get a new trial because of false and misleading testimony by Tarrant County Medical Examiner Dr. Nizam Peerwani, a judge has ruled.

In a 51-page finding, Tarrant County District Court Judge Mollee Westfall said Peerwani made “false, inaccurate or misleading” statements in at least 10 crucial elements of the prosecution case.

The timing of the judge's ruling is remarkable because Peerwani recently placed his longtime former top deputy, Dr. Marc Krouse, on administrative leave after an audit of 40 death investigations last year found he made 59 mistakes. Krouse was barred from conducting autopsies in homicide cases in November.

The Dallas County District Attorney is investigating Krouse’s work after the Tarrant County District Attorney’s office recused itself.

Krouse is set to leave the medical examiner's office later this month.

The defendant in the death penalty case, Tilon Lashon Carter, was convicted in 2006 for the murder and home invasion robbery of 89-year-old James Tomlin after Peerwani offered key testimony during the trial.

Westfall focused largely on Peerwani’s testimony that the victim was suffocated, which Peerwani later acknowledged was just a possibility and may not have happened at all, according to the judge's finding.

Peerwani also failed to disclose that he found a pacemaker in Tomlin’s chest during his autopsy, which could have suggested he died of a cardiac issue instead of a respiratory one, the judge said.

The judge also said Peerwani confused the terms abrasion and contusion and gave faulty testimony about teeth marks on the victim's lips, concluding in the trial that the marks were evidence of suffocation, but admitting at a hearing later that that wasn't necessarily the case.

“There is at least a reasonable likelihood that the false testimony could have affected the judgment of the jury,” the judge said.

Westfall’s ruling that Carter should get a new trial is a recommendation to the Texas Court of Criminal Appeals, which will make the final decision.

Peerwani said it would be inappropriate for him to comment on the case since he may have to testify again in a second trial.

Carter’s attorney, Michael Ware, also declined to comment."

Thee entire story can be read at:

https://www.nbcdfw.com/news/local/death-row-inmate-should-get-new-trial-after-false-testimony-by-tarrant-medical-examiner-judge/2598684/


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: "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;