Thursday, May 27, 2021

Gilbert Lee Poole Jr: Michigan. Junk 'bite mark' evidence case: Major Development. As Associated Free Press reporter reports in the Detroit Free press, he has been exonerated after spending 32 years in prison..."Poole repeatedly denied any role. In 2015, the Michigan Court of Appeals ordered DNA testing of biological material gathered by police in 1988. There was evidence of type A blood at the scene, which didn't match Mejia's or Poole's blood. "Someone else fought with Robert Mejia in the woods that early morning and someone else killed him," Assistant Attorney General Robyn Frankel told the judge. Attorney General Dana Nessel said the county prosecutor's office, which handled the case in 1988-89, had no objection to vacating Poole's conviction. Bite mark evidence "has been widely debunked. It's not reliable anymore," Nessel said. "Then you have here not just that but the advent of very reliable types of testing such as DNA."


QUOTE OF THE DAY: "For years, Gilbert Poole Jr. had challenged his first-degree murder conviction with expertise from the Innocence Project at WMU-Cooley Law School.  An Oakland County judge dismissed the conviction at the request of the Michigan attorney general's office, clearing the way a few hours later for Poole's release from a prison in Jackson. "I spent decades learning, reading, studying law, but none of that was working for me," Poole, 56, said in court. "It wasn't until I surrendered to a higher power and God stepped in and sent me a band of angels to look past the rules and regulations and looked to see who was standing in the furnace. I was standing in the furnace. I didn't belong here."


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STORY: "Michigan man exonerated of fatal-stabbing after 32 years in prison," The Detroit Free Press (Reporter Ed White) reports. (Thanks to Dr. Michael Bowers of 'CSIDDS: Forensics and Law in Focus" for  bringing this story to our attention at the link below: "Locked up for more than three decades for murder, Gilbert Lee Poole, Jr. had been serving a life sentence since 1989 based largely on a form of forensic evidence once widely used but no longer deemed reliable: bite mark analysis. Now that DNA evidence has ruled him out as the killer, Michigan Attorney General Dana Nessel (D) hailed his exoneration as the debut act of her two-year-old Conviction Integrity Unit.")

https://csidds.com/2021/05/27/forensics-more-abfo-bitemarker-damage-gilbert-lee-poole-jr-exonerated-of-murder-after-three-decades-thename1966/


GIST: A man was exonerated Wednesday after 32 years in prison when authorities agreed that he was wrongly convicted of a fatal stabbing in suburban Detroit based on faulty evidence, including a bite mark on the victim.


For years, Gilbert Poole Jr. had challenged his first-degree murder conviction with expertise from the Innocence Project at WMU-Cooley Law School. 


An Oakland County judge dismissed the conviction at the request of the Michigan attorney general's office, clearing the way a few hours later for Poole's release from a prison in Jackson.

"I spent decades learning, reading, studying law, but none of that was working for me," Poole, 56, said in court. "It wasn't until I surrendered to a higher power and God stepped in and sent me a band of angels to look past the rules and regulations and looked to see who was standing in the furnace. I was standing in the furnace. I didn't belong here."


Poole repeatedly denied any role. In 2015, the Michigan Court of Appeals ordered DNA testing of biological material gathered by police in 1988. There was evidence of type A blood at the scene, which didn't match Mejia's or Poole's blood. 

"Someone else fought with Robert Mejia in the woods that early morning and someone else killed him," Assistant Attorney General Robyn Frankel told the judge.


Attorney General Dana Nessel said the county prosecutor's office, which handled the case in 1988-89, had no objection to vacating Poole's conviction.


Bite mark evidence "has been widely debunked. It's not reliable anymore," Nessel said. "Then you have here not just that but the advent of very reliable types of testing such as DNA."


Poole's lawyer, Marla Mitchell-Cichon of the law school's Innocence Project, said an exoneration seemed out of reach at times.


"But we are thrilled that the truth has finally been established," she said. 

Nessel said Poole will be eligible for a variety of post-prison services, including housing assistance. She didn't address whether he would qualify for $1.6 million under Michigan's wrongful conviction compensation program.


The law grants $50,000 for each year spent in prison if someone is exonerated, typically because of new evidence.


The entire story can be read at: 


https://www.freep.com/story/news/local/michigan/detroit/2021/05/26/michigan-man-exonerated-fatal-

stabbing-32-years-prison-gilbert-poole/7448237002/


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;