Eric Riddick; Philadelphia: (Ballistics): Major (Welcome) Development: Released from prison after serving years after prosecutor says he did not receive a fair trial..."Assistant District Attorney Patricia Cummings, head of the office’s Conviction Integrity Unit, said Thursday that favorable evidence was never shared with Riddick’s then-defense attorney. Evidence that showed Riddick could not have shot Catlett. However, Cummings said there was “credible evidence” that Riddick played a role in the murder. Common Pleas Court Judge Lucretia Clemons agreed and vacated Riddick’s sentence. Under a deal with the DA’s Office, Riddick pleaded no contest to third-degree murder and possession of an instrument of crime, and was re-sentenced to 11-22 years in prison — time he had already served. More than two hours after the hearing, after all the required paperwork was completed, Riddick left the courthouse a free man and embraced his beaming supporters. “It doesn’t matter what they put on paper, it doesn’t matter the wording that they use, my son is innocent,” said Christine Riddick, Eric’s mother."

PASSAGE OF THE DAY: "Riddick started fighting for his freedom in the mid-1990s, maintaining his innocence throughout. This latest effort focused on a .22-caliber rifle found in a nearby alleyway three days after Catlett’s murder, and the “unreliable” statements of the sole witness that testified at Riddick’s trial. That witness, Shawn Stevenson, told a jury that he saw Riddick fire several shots at Catlett while Riddick was on a fire escape. Stevenson later recanted that testimony, saying investigators pressured him to finger Riddick as the shooter. Additionally, two types of bullets were found in Catlett’s body, making it likely that two people killed him — not just one. The .22-caliber rifle, discovered by police thanks to a tipster, was believed to belong to Riddick. But investigators found the firearm was fully loaded, and that it was prone to jamming, further undermining Stevenson’s testimony, said Emeka Igwe, Riddick’s attorney.

 Cummings told Clemons that ballistics tests showed it was not the murder weapon, and that she did not think Riddick shot and killed Catlett. “The Commonwealth absolutely accepts responsibility for what we believe was the wrongful conviction of Mr. Eric Riddick in 1992,” she said."

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PASSAGE TWO OF THE DAY: "(Defence lawyer) Igwe disputed prosecutors’ claim that his client was an accomplice in the murder, a sentiment Riddick echoed before pleading no contest to third-degree murder. Riddick said Catlett was his “best friend.”

During a news conference outside of City Hall, Igwe told reporters he wants Pennsylvania Gov. Tom Wolf to grant Riddick a “full and unconditional” pardon.

“Because Eric is innocent,” said Igwe.

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STORY: "Philly man released from prison after serving nearly 30 years," by Reporter Aaron Moselle, published by WHYY (PBS NPR) on May 28, 2001.

GIST: "Eric Riddick smiled and pumped his fists in front of the throng of reporters waiting for him outside of Philadelphia’s criminal justice center.

The jubilant moment was nearly 30 years in the making.

For the first time in his adult life, he was a free man.

“This is amazing,” said Riddick following an hourlong hearing on Thursday.

Riddick had been serving a life sentence.

He was released from state prison after the Philadelphia District Attorney’s Office found the 51-year-old did not receive a fair trial in June 1992, when a jury convicted Reddick of first-degree murder for fatally shooting William Catlett outside of a convenience store in West Philadelphia.

Assistant District Attorney Patricia Cummings, head of the office’s Conviction Integrity Unit, said Thursday that favorable evidence was never shared with Riddick’s then-defense attorney. Evidence that showed Riddick could not have shot Catlett. However, Cummings said there was “credible evidence” that Riddick played a role in the murder.

Common Pleas Court Judge Lucretia Clemons agreed and vacated Riddick’s sentence.

Under a deal with the DA’s Office, Riddick pleaded no contest to third-degree murder and possession of an instrument of crime, and was re-sentenced to 11-22 years in prison — time he had already served.

More than two hours after the hearing, after all the required paperwork was completed, Riddick left the courthouse a free man and embraced his beaming supporters.

“It doesn’t matter what they put on paper, it doesn’t matter the wording that they use, my son is innocent,” said Christine Riddick, Eric’s mother.

Riddick started fighting for his freedom in the mid-1990s, maintaining his innocence throughout.

This latest effort focused on a .22-caliber rifle found in a nearby alleyway three days after Catlett’s murder, and the “unreliable” statements of the sole witness that testified at Riddick’s trial.

That witness, Shawn Stevenson, told a jury that he saw Riddick fire several shots at Catlett while Riddick was on a fire escape.

Stevenson later recanted that testimony, saying investigators pressured him to finger Riddick as the shooter. Additionally, two types of bullets were found in Catlett’s body, making it likely that two people killed him — not just one.

The .22-caliber rifle, discovered by police thanks to a tipster, was believed to belong to Riddick. But investigators found the firearm was fully loaded, and that it was prone to jamming, further undermining Stevenson’s testimony, said Emeka Igwe, Riddick’s attorney.

Cummings told Clemons that ballistics tests showed it was not the murder weapon, and that she did not think Riddick shot and killed Catlett.

“The Commonwealth absolutely accepts responsibility for what we believe was the wrongful conviction of Mr. Eric Riddick in 1992,” she said.

Igwe disputed prosecutors’ claim that his client was an accomplice in the murder, a sentiment Riddick echoed before pleading no contest to third-degree murder. Riddick said Catlett was his “best friend.”

During a news conference outside of City Hall, Igwe told reporters he wants Pennsylvania Gov. Tom Wolf to grant Riddick a “full and unconditional” pardon.

“Because Eric is innocent,” said Igwe.

Riddick said he’s looking forward to spending tim with his family, some of whom haven’t seen him since he was incarcerated.

He said he also wants to help free other wrongfully convicted men.

“Just fighting the good fight,” said Riddick. “There’s lives in the balance that need help.""

The entire story can be read at:

https://whyy.org/articles/philly-man-released-from-prison-after-serving-nearly-30-years-for-murder/
https://www.google.com/amp/s/whyy.org/articles/philly-man-released-from-prison-after-serving-nearly-30-years-for-murder/amp/

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;

—————————————————————————————————

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;

East Kent Hospital: UK: An estimated 200 baby deaths in recent history in one British hospital - yet you hardly read a word about it outside the UK - even though it is under high level criminal investigation and reportedly considering manslaughter charges..."Detectives are examining a series of baby deaths at a troubled NHS (National Health Service) trust as the number of cases being investigated by an independent inquiry nears 200 – making it one of the worst maternity scandals in NHS history," The Independent (Health Correspondent Shaun Lintern) reports..."The original independent inquiry into East Kent was set up last year after The Independent revealed scores of babies had died at the trust between 2014 and 2018, while more than 100 others suffered brain damage during birth."

PUBLISHER'S NOTE: An estimated 200 baby deaths in the East Kent hospital over a period of just four years. That is utterly numbing.  When four babies were reported to have died in the cardiac ward of the Hospital for Sick Children in Toronto -  between July 1980 and March 1981 - the city went into a state of shock, which reverberated throughout the entire country. The thought of 4 dead babies - and the blow to their respective families - is devastating. 200 dead babies is unthinkable. I will be following developments closely. So much more to make one weep. I hope the story will be picked up by others far beyond Britain's borders. As the Independent reports, the UK has experienced a crisis in its maternity wards for years before East Kent - and not much has changed. Perhaps international attention will lead to lasting reform (this time)  and help save baby's lives.

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "Concerns over maternity safety nationally have prompted an inquiry by MPs on the Health Committee which is due to publish in the coming months. Mr Hunt, chair of the committee, told The Independent: “Many of these serious incidents [at East Kent] were taking place at the very same time we were tackling the horrors of Morecambe Bay, where 11 babies died avoidably between 2004 and 2013. Coming on the back of the Shrewsbury and Telford scandal – which probably spanned 40 years and potentially thousands of incidents of poor maternity care – it is impossible to dismiss any of these as isolated events.” He added: “I believe we must face up to the fact that there are deep-seated cultural and systemic issues in our maternity care."

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PASSAGE TWO OF THE DAY: "East Kent maternity services have already come under fire this year, after admitting in April that they failed to provide safe care to baby Harry Richford and his mother Sarah in a landmark case brought by the Care Quality Commission. It is due to be sentenced in June and faces an unlimited fine."

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QUOTE OF THE DAY: "Helen Gittos, whose baby Harriet died in August 2014 when she was just eight days old, said she had feared for a long time that there were more families affected and that she felt regret for not doing more. She said: “I feel very confident that the way the inquiry is proceeding will get to the heart of how and why things went so wrong. It’s horrifying that our private life-changing tragedy was something so almost routine.”

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STORY: Detectives contemplate company manslaughter in NHS maternity scandal involving 200 families,"  By Health Correspondent Shaun Lintern. published by The Independent on May 24, 2021.

SUB-HEADING: "Exclusive:  Second major  NHS maternity scandal involves almost 200 families whose cases are being investigated."

GIST: "Detectives are examining a series of baby deaths at a troubled NHS trust as the number of cases being investigated by an independent inquiry nears 200 – making it one of the worst maternity scandals in NHS history.

The Independent has learned officers in the serious crime directorate at Kent Police are looking at unsafe maternity care at the East Kent Hospitals University Trust and have held a series of high-level meetings, including with the Crown Prosecution Service.

The discussions are believed to centre on the possibility of opening a criminal investigation and bringing charges related to corporate manslaughter and/or gross negligence manslaughter.

If this goes ahead, it would be only the second time an NHS trust had faced a corporate manslaughter charge.

Today, former health secretary Jeremy Hunt said he was “deeply concerned” about the new revelations and added that this latest scandal showed “deep-seated cultural and systemic issues” in maternity care.

The original independent inquiry into East Kent was set up last year after The Independent revealed scores of babies had died at the trust between 2014 and 2018, while more than 100 others suffered brain damage during birth.

It is understood that the number of cases now being formally looked into by the inquiry is close to 200, although officials have refused to give a precise number.

East Kent maternity services have already come under fire this year, after admitting in April that they failed to provide safe care to baby Harry Richford and his mother Sarah in a landmark case brought by the Care Quality Commission. It is due to be sentenced in June and faces an unlimited fine.

Kent detectives have met on several occasions with the inquiry’s team – led by Dr Bill Kirkup – as it begins its work ahead of a final report due at the end of 2022.

Detective Chief Superintendent Paul Fotheringham, head of major crime at Kent Police, told The Independent: “We received information in August 2020 relating to baby deaths in East Kent hospitals. This information is being assessed and detectives from the Kent and Essex serious crime directorate are carrying out a scoping exercise, whilst making a number of enquiries.”

Harry Richford’s death at the Queen Elizabeth The Queen Mother Hospital in Margate in 2017 could be central to any corporate manslaughter charge.

Concerns have been raised that the trust bosses did not learn from a damning review by the Royal College of Obstetricians and Gynaecologists in 2015, and that errors that were repeated in Harry’s death.

Last year a coroner ruled his death was “wholly avoidable” and contributed to by neglect.

Harry’s grandfather Derek Richford, told The Independent: “We would welcome a police inquiry into all the baby deaths at East Kent hospitals trust over the last 10 years.

“Specifically in Harry’s case we feel there needs to be more accountability and maybe a police inquiry will bring that level of accountability that we have been looking for for some time.”

He described the number of affected families now reaching almost 200 as “shocking” adding: “From everything I know and have been told this would make East Kent the second biggest maternity scandal in NHS history after Shrewsbury.

“I have known there were other cases, some going back quite a long time. There have been many families getting in touch and their overriding comment to me is to say ‘thank you for giving us a voice’ which really resonates with me because the hospital tried to shut us down, but they were unsuccessful.”

Helen Gittos, whose baby Harriet died in August 2014 when she was just eight days old, said she had feared for a long time that there were more families affected and that she felt regret for not doing more.

She said: “I feel very confident that the way the inquiry is proceeding will get to the heart of how and why things went so wrong. It’s horrifying that our private life-changing tragedy was something so almost routine.”

Under the Corporate Manslaughter and Corporate Homicide Act 2007, an NHS trust can be guilty of corporate manslaughter if the way its services are managed or organised causes a patient’s death and amounts to “a gross breach of a relevant duty of care owed by the organisation to the deceased”. A gross breach is defined as actions or inaction that “fall far below what can reasonably be expected”.

The only other NHS corporate manslaughter case to reach court was taken against Maidstone and Tunbridge Wells NHS Trust in 2016 over the death of mum-of-two Frances Cappuccini. The case later collapsed at trial.

Concerns over maternity safety nationally have prompted an inquiry by MPs on the Health Committee which is due to publish in the coming months.

Mr Hunt, chair of the committee, told The Independent: “Many of these serious incidents [at East Kent] were taking place at the very same time we were tackling the horrors of Morecambe Bay, where 11 babies died avoidably between 2004 and 2013. Coming on the back of the Shrewsbury and Telford scandal – which probably spanned 40 years and potentially thousands of incidents of poor maternity care – it is impossible to dismiss any of these as isolated events.”

He added: “I believe we must face up to the fact that there are deep-seated cultural and systemic issues in our maternity care. Huge progress has been made on stillbirth and neonatal death rates, and the NHS should be proud of its record of improvement here, but we have still not found a systemised way to learn from serious mistakes to prevent future families suffering harm.

“As we emerge from the pandemic and the true horrors of East Kent and Shrewsbury and Telford come to light through these inquiries, making maternity care safer must be one of the government’s top priorities, and the select committee will be holding them to account.”

NHS England has injected almost £100m into maternity safety following a campaign by The Independent. The money will include an increase in midwives and doctors as well as £26m for specific safety training.

The new chairman of East Kent Hospitals, Niall Dickson, a former head of the General Medical Council, told the trust board last month the inquiry by Bill Kirkup “will undoubtedly be hard to read because we know that there are families we have failed by not providing the right standard of care”.

He committed the trust to becoming a learning organisation and said it must respond “without defensiveness and use it to understand as fully as possible the experience of mothers, babies and their families.”

A spokesperson for East Kent Hospitals said it had not yet been contacted by Kent Police but if a criminal investigation was opened “we would of course cooperate fully”.

They added: “We thank the families who have come forward to share their experiences of using our maternity services with the independent investigation and remain committed to continuing to make improvements.”

https://www.independent.co.uk/news/health/police-manslaughter-east-kent-nhs-maternity-b1850946.html

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;

—————————————————————————————————

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;

Former Kamloops (British Columbia) residential school: Horrible truths cannot remain buried. As the CBC (Canada's National News service) reports, the discovery of the remains of 215 children at the former Catholic Church residential school, some as young as three years old, has community members, and so many others, such as myself, understandably "still grappling" with the shock of the news. Now its up to the forensic scientists to attempt to identify the children, return them to the communities from whence they came, and, as much as possible piece together the horrific stories that led led them to their finally discovered graves. So much more than enough to make one weep. Harold Levy. Publisher: The Charles Smith Blog.

QUOTE OF THE DAY: "There are no words to express the deep mourning that we feel as First Nations people, and as survivors, when we hear an announcement like this," wrote Grand Chief Stewart Phillip, president of the UBCIC (Union of British Columbia Indian Chiefs). "Today we honour the lives of those children, and hold prayers that they, and their families, may finally be at peace."

--------------------------------------------------------------

PASSAGE OF THE DAY: "The Kamloops Indian Residential School was in operation from 1890 to 1969, when the federal government took over administration from the Catholic Church to operate it as a residence for a day school, until closing in 1978. Up to 500 students would have been registered at the school, according to the National Centre for Truth and Reconciliation (NCTR). Those children would have come from First Nations communities across B.C. and beyond.  According to Mary Ellen Turpel-Lafond, director of the Indian Residential School History and Dialogue Centre at the University of British Columbia in Vancouver, the Truth and Reconciliation Commission that was set up in 2008 to find out what happened in residential schools was told 50 deaths occurred at the Kamloops institution.

She said "massive ongoing problems" with historical records, including those "held by certain Catholic entities that they will not release" have made it very hard to understand accurately what happened."

----------------------------------------------------------------------

PASSAGE TWO OF THE DAY:  "-Lafond said the discovery confirms what community survivors have said for years — that many children went to the school and never returned. She also said federal agents often moved children around, so it is possible some of those found are from other First Nations communities. Turpel-Lafond also has questions about how these children died given the rampant sexual and physical abuse documented in residential schools."There may be reasons why they wouldn't record the deaths properly and that they weren't treated with dignity and respect because that was the whole purpose of the residential school ... to take total control of Indian children, to remove their culture, identity and connection to their family," she said Friday on CBC's The Early Edition."

----------------------------------------------------------------------

PASSAGE THREE OF THE DAY: "It is estimated more than 150,000 children attended residential schools in Canada from the 1830s until the last school closed in 1996."

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STORY: "Remains of 215 children found buried at former B.C. residential school, First Nations says," reported by the CBC on May 27, 2021.

SUB-HEADING: "Tk’emlúps te Secwépemc say ground-penetrating radar was used to locate remains."

GIST: Preliminary findings from a survey of the grounds at the former Kamloops Indian Residential School have uncovered the remains of 215 children buried at the site, the Tk'emlúps te Secwépemc First Nation said Thursday.

The First Nation said the remains were confirmed last weekend near the city of Kamloops, in B.C.'s southern Interior. 

In a statement, Tk'emlúps te Secwépemc said they hired a specialist in ground-penetrating radar to carry out the work, and that their language and culture department oversaw the project to ensure it was done in a culturally appropriate and respectful way. The release did not specify the company or individual involved, or how the work was completed. 

"To our knowledge, these missing children are undocumented deaths," Tk'emlúps te Secwépemc Kukpi7 (Chief) Rosanne Casimir said in the statement.

"Some were as young as three years old. We sought out a way to confirm that knowing out of deepest respect and love for those lost children and their families, understanding that Tk'emlúps te Secwépemc is the final resting place of these children." 

Casimir told CBC that the findings are "preliminary" and a report will be provided by the specialist next month.

Speaking Friday, Casimir said community members are still "grappling" with the shock of the news as leadership looks at what steps to take next.

"For one, we need to honour these children," she told CBC's Daybreak Kamloops.

Residential school in operation until 1969:

Tk'emlúps te Secwépemc said they are working with the BC Coroners Service, contacting the students' home communities, protecting the remains and working with museums to find records of these deaths.

In a statement to CBC, Lisa Lapointe, B.C.'s chief coroner, said the Coroners Service was alerted to the discovery on Thursday. 

"We are early in the process of gathering information and will continue to work collaboratively with the Tk'emlúps te Secwépemc and others as this sensitive work progresses," Lapointe said.

"We recognize the tragic, heartbreaking devastation that the Canadian residential school system has inflicted upon so many, and our thoughts are with all of those who are in mourning today."

The Kamloops Indian Residential School was in operation from 1890 to 1969, when the federal government took over administration from the Catholic Church to operate it as a residence for a day school, until closing in 1978.

Up to 500 students would have been registered at the school, according to the National Centre for Truth and Reconciliation (NCTR). Those children would have come from First Nations communities across B.C. and beyond. 

According to Mary Ellen Turpel-Lafond, director of the Indian Residential School History and Dialogue Centre at the University of British Columbia in Vancouver, the Truth and Reconciliation Commission that was set up in 2008 to find out what happened in residential schools was told 50 deaths occurred at the Kamloops institution.

She said "massive ongoing problems" with historical records, including those "held by certain Catholic entities that they will not release" have made it very hard to understand accurately what happened.

Turpel-Lafond said the discovery confirms what community survivors have said for years — that many children went to the school and never returned. She also said federal agents often moved children around, so it is possible some of those found are from other First Nations communities.

Turpel-Lafond also has questions about how these children died given the rampant sexual and physical abuse documented in residential schools.

"There may be reasons why they wouldn't record the deaths properly and that they weren't treated with dignity and respect because that was the whole purpose of the residential school ... to take total control of Indian children, to remove their culture, identity and connection to their family," she said Friday on CBC's The Early Edition.

'No words' to describe grief: UBCIC:

The First Nations Health Authority (FNHA) said the announcement Thursday would deeply affect Indigenous people in B.C. and across the country.

"That this situation exists is sadly not a surprise and illustrates the damaging and lasting impacts that the residential school system continues to have on First Nations people, their families and communities,'' FNHA CEO Richard Jock wrote in a statement.

On Friday, the Union of British Columbia Indian Chiefs (UBCIC) said it mourned alongside the Tk'emlúps te Secwépemc.

"There are no words to express the deep mourning that we feel as First Nations people, and as survivors, when we hear an announcement like this," wrote Grand Chief Stewart Phillip, president of the UBCIC.

"Today we honour the lives of those children, and hold prayers that they, and their families, may finally be at peace."

It is estimated more than 150,000 children attended residential schools in Canada from the 1830s until the last school closed in 1996.

Many kids never returned home from schools:

The NCTR estimates about 4,100 children died at the schools, based on death records, but has said the true total is likely much higher. The Truth and Reconciliation Commission said large numbers of Indigenous children who were forcibly sent to residential schools never returned home.

Federal Minister of Indigenous Services Marc Miller said in a tweet Thursday he had been in touch with Casimir to offer his support.

Federal Minister of Crown-Indigenous Relations Carolyn Bennett said in a tweet that the National Indian Residential School Crisis Line is available for former residential school students and others looking for support. It can be utilized by calling 1-866-925-4419.

During Friday's radio interview, Casimir ended the conversation with a message aimed directly at Ottawa.

"It's all good and well to the federal government to make gestures of goodwill and support regarding the tragedy," said Casimir. "There is an important ownership and accountability to both Tk'emlúps te Secwépemc and all communities and families that are affected. And that needs to happen and take place."

On Friday, B.C. Premier John Horgan issued a statement expressing his horror and heartbreak at the discovery:

"This is a tragedy of unimaginable proportions. And it is a stark example of the violence the Canadian residential school system inflicted upon Indigenous peoples and how the consequences of these atrocities continue to this day," said Horgan.

The FNHA said immediate supports for the Tk'emlúps te Secwépemc First Nation have been identified through its Interior health team, and its teams are on standby to support further needs.

A National Indian Residential School Crisis Line has been set up to provide support for former students and those affected. Access emotional and crisis referral services by calling the 24-hour national crisis line: 1-866 925-4419.

Within B.C., the KUU-US Crisis Line Society provides a First Nations and Indigenous-specific crisis line available 24 hours a day, seven days a week. It's toll-free and can be reached at 1-800-588-8717 or online at kuu-uscrisisline.com.

The entire story can be read at:

https://www.cbc.ca/news/canada/british-columbia/tk-emlúps-te-secwépemc-215-children-former-kamloops-indian-residential-school-1.6043778

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;

—————————————————————————————————

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;

Julius Jones: Oklahoma: Up-coming commutation hearing is already under intense scrutiny - even though it's not set to occur until September: That's evident from commentary by Patrick B. McGuigan, Editor of The City Sentinel, headed, "Another innocent man - Julius Jones merits commutation for starters," which begins: "Julius Jones is innocent. He must never be executed.He merits not only commutation in the short term, but a finding of actual innocence in the long run. His hearing before the Pardon and Parole (P&P) Board is set for Sept. 13 at 10 a.m."

BACKGROUND: "From letter  NBA superstar Trae Young to governor and parole board: I and so many other people have been called to raise concerns regarding Julius Jones’ case because of the many obvious ways in which the legal system failed him. Julius’ co-defendant, who testified against him, changed his story no fewer than six times when interviewed by the police. However, Julius’s attorneys, who lacked death penalty experience and were woefully unprepared, failed to cross-examine the co-defendant regarding his inconsistencies. They did not mention that Julius’ co-defendant had bragged to fellow inmates that he had committed the homicide, not Julius. Nor did they inform jurors that Julius did not meet the description of the shooter provided by the sole eye witness. Julius’ attorneys also failed to present evidence that Julius was home with his family the night of the murder. Finally, the prosecution used a scientifically discredited bullet analysis, presented by an analyst who pled guilty for giving false testimony only months after Julius’s trial."

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PASSAGE OF THE DAY: "Originally set for June, the long-anticipated hearing has already slipped into the fall. Pressures on the board (including announced investigations of members) smack of inappropriate pressure. Some wonder if  (County District Attorney) D.A. Prater is following the 2013 playbook develop in a previous round of pressure on the board. The unwillingness to surrender files promised in the past raises many questions. If the withheld evidence is a slam dunk, if they are so sure of the contents, why not share the information with defense lawyers and the general public? There are some who wait on federal courts to show up, like Deus Ex Machina from ancient Greek plays, to rescue the state from the worst abuses of the death penalty process. But that is not the job of the judiciary. Elected representatives and public officials would best serve the state by ending the discredited system of capital punishment as actually practiced. Short of that, responsible players in our state government should at least work through the process to take the worst cases off the table – right now, or at least this year."

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COMMENTARY:  "Another innocent man - Julius Jones merits  commutation for starters," by Editor Patrick B. McGuigan, published by 'The City Sentinel' on  May 28, 2021.

GIST: "Julius Jones is innocent. He must never be executed.

He merits not only commutation in the short term, but a finding of actual innocence in the long run.

His hearing before the Pardon and Parole (P&P) Board is set for Sept. 13 at 10 a.m. Some dramatics connected with the efforts of former Attorney General Mike Hunter and Oklahoma County District Attorney David Prater (who is not seeking reelection) must not detract from the strong case for actual innocence in the case of Julius Jones.

Last year, state Rep. Kevin McDugle, R-Broken Arrow, laid out the case for permanent reforms in Oklahoma’s death penalty provisions.

He contributed wisdom in supporting an Interim Study that included serious examination of recommendations first made in the Oklahoma Death Penalty Review Commission’s historic report.

In the course of that Interim Study, McDugle made a strong case for the actual innocence of Richard Glossip.

Somehow, I had missed his March 3 letter to Governor Kevin Stitt and members of the Pardon and Parole Board. He strongly encouraged commutation of the death sentence facing Julius Jones. McDugle wrote that with commutation Oklahoma could “avoid a grave miscarriage of justice.”

He reflected, “I have often said that, if Oklahoma is going to carry out executions, it must do them right. At a minimum, that means ensuring that every prisoner on death row has received a fair trial and that no compelling evidence exists to call into question their guilt.”

Rep. McDugle’s well-sustained argument is worth quoting at length:

“In the case of Julius Jones, I believe we are falling short of that threshold on both fronts. Regarding his trial, an under-prepared and overwhelmed defense team failed to present Mr. Jones’ alibi and failed to show the jury photographs that indicate Mr. Jones did not fit the eyewitness description of the shooter. Meanwhile, the jury was never told that the prosecution’s star witness, co-defendant Christopher Jordan, was being offered a reduced sentence to testify against Mr. Jones. Each one of these developments may have offered the ‘reasonable doubt’ Mr. Jones needed to avoid conviction if they had been presented to a jury.

“Furthermore, new evidence uncovered by Mr. Jones’ defense team and documented by both ‘The Frontier’ and the ‘Washington Post’ supports the possibility that Mr. Jones is innocent and has been wrongfully imprisoned by the state for nearly two decades. The fact that multiple men, with no knowledge of each other and no ties to Mr. Jones, have individually come forward to disclose that Christopher Jordan has openly bragged about killing Paul Howell and framing his co-defendant, is a revelation that cannot be ignored. However, one feels about the death penalty, it seems impossible to support the execution of one man for murder when another man has confessed on multiple occasions to committing that same murder.

“For all these reasons, I urge you to conduct a serious and fair-minded review of Mr. Jones’ case. Having reviewed the evidence available in the public record, I am confident that you will see fit to commute his sentence and avoid a grave miscarriage of justice.”

The McDugle letter should be studied by those who still support Oklahoma executions, but particularly by those who consider the Jones case “Exhibit A” in the case against the process as practiced in Oklahoma.

Dale Baich and his colleague Amanda Bass have battled long and hard for Jones.

In a May 11 letter to Tom Bates, now the executive director at the P&P Board, Baich argued against Hunter’s attempt to intervene against Jones. (Engaging in reasonable speculation, it would not be surprising if Jones’ lawyers move to strike a protest letter Hunter, now former A.G., entered in the Jones commutation process.

Baich vigorously opposes a plan to prevent Julius Jones from addressing the P&P Board on September 13, explicitly confronting the assertion Jones had two “misconducts”.

Baich relates that in 2020, “we sent a letter to Scott Crowe, Director of the Oklahoma Department of Corrections explaining why the allegations of misconduct are unfounded. …

[T]he two incidents concerned the alleged possession of a cell phone charger and an alleged unauthorized conference call.”

From Baich: “March 6, 2020: Mr. Jones was strip-searched and placed semi-naked in a shower while his property was confiscated, and his cell searched. He was written up for allegedly having a cell phone charger in his possession (but no cell phone). The phone charger was never shown to Mr. Jones despite his request. Instead, he was shown a grainy photocopy of a photograph of the alleged cell phone charger that is completely indiscernible. We requested all documentation pertaining to this incident, including a video of the search. Our request was essentially ignored. We were given only another copy of the same undecipherable photocopy, and the video of the search was not provided to us. Under the circumstances, we do not believe there is any evidence or basis to characterize this unsupported allegation as a misconduct.”

Continuing, for April 22, 2020: “Mr. Jones was written up for allegedly participating in an ‘unauthorized conference call on February 28, 2020 (with no explanation as to why the write-up happened almost two months later). That assertion is not true. To the contrary, Mr. Jones had an authorized call with his sister, during which she put him on speaker phone so he could be heard by other people who were in the room with Mr. Jones’ sister.”

Baich asserts – and I agree – neither asserted event “is based on any actual evidence. The timing, lack of transparency, and the Department of Corrections’ refusal to respond to our reasonable requests is troubling. If those alleged misconducts are going to be considered by the Board, it should only be based on a full consideration of all alleged evidence, which, to date, has been withheld from us.”

(Corrections has also asserted Jones had bad results in a drug screening – but the case for that is so weak it merits mere mention, not serious consideration.)

Baich expressed – and I agree – “that these alleged misconducts were not issued as a pretext to retaliate against Mr. Jones and prejudice his ability to get a full and fair hearing before the Board.” Further, he challenged an assertion that Corrections can keep Jones from the commutation hearing because of where he is serving his sentence: “There is no provision in the Code, nor are we aware of any authority, that would allow Mr. Jones to be excluded from appearing merely because he is housed in a maximum-security prison.”

In his letter to Bates, Baich (no shrinking violet, for which I am grateful) reports, “You note that an investigator is currently working on a report on Mr. Jones case for the Board. If the investigator needs any additional information from Mr. Jones, please have the investigator reach out directly to us as counsel, rather than going through prison staff.

Denied access to prosecution files (once promised by Prater), Baich notes that the Oklahoma Death Penalty Review Commission recommended, “All Oklahoma district attorneys’ offices and the Office of the Attorney General should be required to allow open-file discovery at all stages of a capital case, including during the direct appeal, state post-conviction review, federal habeas corpus review, and any clemency proceedings.”

Baich’s letter was copied to Kyle Counts, General Counsel for the P&P board, Adam Luck, Board Chair, and members C. Alien McCall, Larry Morris, Kelley Doyle, and Scott Williams.

Originally set for June, the long-anticipated hearing has already slipped into the fall. Pressures on the board (including announced investigations of members) smack of inappropriate pressure.

Some wonder if D.A. Prater is following the 2013 playbook develop in a previous round of pressure on the board.

The unwillingness to surrender files promised in the past raises many questions.

If the withheld evidence is a slam dunk, if they are so sure of the contents, why not share the information with defense lawyers and the general public?

There are some who wait on federal courts to show up, like Deus Ex Machina from ancient Greek plays, to rescue the state from the worst abuses of the death penalty process. But that is not the job of the judiciary.

Elected representatives and public officials would best serve the state by ending the discredited system of capital punishment as actually practiced.

Short of that, responsible players in our state government should at least work through the process to take the worst cases off the table – right now, or at least this year."

The entire commentary can be read at: 

https://www.city-sentinel.com/2021/05/another-innocent-man-julius-jones-merits-commutation-for-starters/

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;

False confessions; California Senator Bill Dodd denounces notorious 'Reid Technique' as he introduces a 'Police Training Bill aimed at changing interrogation methods by integrating science-based methods to prevent false confessions, CBS San Francisco reports..."Sen. Bill Dodd, D-Napa, introduced a new piece of legislation on Thursday to push for more ethical interrogation practices in California law enforcement training. If passed, Senate Bill 494 would require the California Commission on Police Officer Standards to integrate science-based methods to prevent false confessions."

PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects (especially young suspects)  are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’ As  all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including inducement. deception (read ‘outright lies’) physical violence,  and even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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PASSAGE OF THE DAY: "People deserve to be treated fairly and humanely by police officers and should not fear having their rights trampled,” Dodd said in a statement. “My bill would ensure officers are properly trained and the public isn’t subjected to demeaning or coercive tactics that can result in false confessions.” The Reid Technique, one interview method that’s been used in law enforcement for the past 75 years, psychologically coerces subjects to admit to a crime by developing a high-pressure environment in the interrogation room. Over the past few years, law enforcement agencies across the world have denounced this method as largely ineffective and subject to false confessions. One 2006 analysis concluded that this method can accurately detect deception or guilt about 54 percent of the time."

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PASSAGE TWO OF THE DAY:  (From the release): "In response to the highly publicized post-9/11 interrogation tactics the United States used on terrorist suspects, the Obama administration in 2009 began creating new standards for science-based interviewing and communication that have since been adopted by many police agencies. Senate Bill 494 would require the California Commission on Police Officer Standards and Training to create and integrate officer training on interview techniques that are more ethical and effective at getting accurate information while avoiding false confessions. Further, it would require training to ensure everyday interactions with the public are civil. SB 494 is supported by the El Dorado County District Attorney’s Office and the civil rights advocates."

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STORY: "Bay Area Lawmaker's Proposal Seeks To Change Police Interrogation Methods," published by CBS San Francisco, on May 21, 2021.

GIST: "Sen. Bill Dodd, D-Napa, introduced a new piece of legislation on Thursday to push for more ethical interrogation practices in California law enforcement training.

If passed, Senate Bill 494 would require the California Commission on Police Officer Standards to integrate science-based methods to prevent false confessions.

“People deserve to be treated fairly and humanely by police officers and should not fear having their rights trampled,” Dodd said in a statement. “My bill would ensure officers are properly trained and the public isn’t subjected to demeaning or coercive tactics that can result in false confessions.”

The Reid Technique, one interview method that’s been used in law enforcement for the past 75 years, psychologically coerces subjects to admit to a crime by developing a high-pressure environment in the interrogation room. Over the past few years, law enforcement agencies across the world have denounced this method as largely ineffective and subject to false confessions.

One 2006 analysis concluded that this method can accurately detect deception or guilt about 54 percent of the time.

The El Dorado County District Attorney’s Office and civil rights groups have drawn in support for the bill thus far. Vern Pierson, district attorney for El Dorado County, says law enforcement officers can better serve the community when they use ethical communication strategies backed by science.

“I am grateful to Sen. Dodd for sponsoring legislation that will improve the interaction between law enforcement and the people they serve and puts us on a path to a more thoughtful criminal justice system,” Pierson said."

The entire story can be read at: 

https://sanfrancisco.cbslocal.com/2021/05/21/sb494-police-interrogation-methods-ethical-practices-sen-bill-dodd/

The release: "Sen. Bill Dodd, D-Napa, introduced legislation today that would help train law enforcement officers in their criminal investigations and public interactions, ensuring they uphold civil rights and treat people with dignity and respect.

“People deserve to be treated fairly and humanely by police officers and should not fear having their rights trampled,” said Sen. Dodd. “My bill will ensure officers are properly trained and the public isn’t subjected to demeaning or coercive tactics that can result in false confessions.”

Over the past 75 years, police have relied on a criminal interrogation strategy known as the Reid Technique, which relies heavily on assuming guilt, assessing behavioral clues of deception and administering psychological manipulation. However, studies have raised questions about the validity of the technique. A 2006 meta-analysis found the aptitude to correctly detect deception averaged only 54%.

In response to the highly publicized post-9/11 interrogation tactics the United States used on terrorist suspects, the Obama administration in 2009 began creating new standards for science-based interviewing and communication that have since been adopted by many police agencies.

Senate Bill 494 would require the California Commission on Police Officer Standards and Training to create and integrate officer training on interview techniques that are more ethical and effective at getting accurate information while avoiding false confessions. Further, it would require training to ensure everyday interactions with the public are civil.

SB 494 is supported by the El Dorado County District Attorney’s Office and the civil rights advocates.

“Research has shown our law enforcement officers can better serve their communities when they are trained in science-based ethical human engagement strategies,” said Vern Pierson, El Dorado County district attorney. “I am grateful to Sen. Dodd for sponsoring legislation that will improve the interaction between law enforcement and the people they serve and puts us on a path to a more thoughtful criminal justice system.”

https://sd03.senate.ca.gov/news/20210520-sen-dodd-introduces-police-training-bill

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NOTA BENE: A release from Reid's Joseph P. Buckley (link below) is headed: "California introduces police training bill that reflects Reid Technique core principles."

https://reid.com/resources/whats-new/2021-california-introduces-police-training-bill-that-reflects-the-reid-technique-core-principles

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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;

-----------------------------------------------------------------

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;

—————————————————————————————————

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;