Tuesday, August 31, 2021

Kevin Strickland: Missouri: Bulletin: (Flawed identification; Jury selection tainted by racism) Significant Development: Prosecutor Jean Peters Baker tries a new tactic to free this innocent man. Over the weekend she filed an extraordinary motion declaring Strickland "actually innocent" of the triple murder he was convicted of in 1979...The Marshall Project explains: "There is “clear and convincing” evidence that Strickland did not commit the crime, prosecutors say, relying on a new law that allows them to redress dubious old convictions. Strickland has maintained his innocence for four decades. Federal prosecutors also say that Strickland was wrongfully convicted."

BACKGROUND: (KCUR report): "The Jackson County Prosecutor's office charged Strickland with capital murder for his alleged involvement in the killing of Sherrie Black, John Walker and Larry Ingram at 6934 S. Benton Ave., in Kansas City. The only eyewitness, Cynthia Douglas, was wounded during the attack, but, as early as 1979, "realized she was mistaken in her identification of Strickland," the motion argues. Then, "after years of torment and consternation over what to do about the mistake," Douglas asked for help from the Midwest Innocence Project in 2009. Baker also said in her motion that expected testimony in the hearing "will further corroborate Douglas's realization that she was mistaken in her identification of Strickland." The motion gave no detail about who might testify. The motion also suggests the 1979 case was weak. "Armed with only tainted identification and weak physical evidence, it took two trials for the State to convict Strickland." The first ended in a mistrial, which prosecutors blamed on the inclusion of a Black juror. The prosecutor at the time said the seating of that juror was "careless" and a "mistake that would not be repeated," the motion said. At the second trial, Strickland was convicted by an all-white jury. Baker added that as late as 2020, a fingerprint analysis showed prints taken from the shotgun used in the killings do not belong to Strickland"

https://www.kcur.org/news/2021-08-30/jackson-county-prosecutor-kevin-strickland-should-not-remain-in-prison-a-day-longer

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MARSHAL PROJECT: "A prosecutor tries, again, to free an innocent man in Missouri. Jackson County prosecutor Jean Peters Baker filed an extraordinary motion over the weekend declaring Kevin Strickland “actually innocent” of the triple-murder he was convicted of in 1979. There is “clear and convincing” evidence that Strickland did not commit the crime, prosecutors say, relying on a new law that allows them to redress dubious old convictions. Strickland has maintained his innocence for four decades. Federal prosecutors also say that Strickland was wrongfully convicted. KCUR:

https://mail.google.com/mail/u/0/#inbox/FMfcgzGkbDbRxKRxKjvzpqHLXCrdPfTl

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;

Bart McNeil: Illinois: Major Development: (Link in text to the entire petition. Great read! HL); After lawyers with the Exoneration Project and Illinois Innocence Project unearthed dramatic new forensic evidence, a judge has ruled that McNeil - serving a 100 year sentence on murder charges in the 1998 death of 3-year-old Christina McNeil - can take the next step in his quest for a new trial, WGLT (Reporter Edith Brady-Lunny) reports..."McNeil’s petition seeking a new trial in the 1998 death of his young daughter will move forward in McLean County court, a judge has ruled, in a decision that recognizes potential new evidence that may support McNeil’s innocence. McNeil is serving 100 years on murder charges in the suffocation death of 3-year-old Christina McNeil. McNeil claimed he found the child’s lifeless body in her bed at his Bloomington apartment, maintaining his innocence while encouraging police to investigate his former girlfriend, Misook Nowlin, as a suspect. Nowlin was later convicted in the 2011 strangulation of her mother-in-law, Linda Tyda. In February, lawyers with the Illinois Innocence Project and The Exoneration Project filed a 65-page petition asserting McNeil’s innocence of the murder. Newly developed scientific evidence challenges claims by former pathologist Dr. Violette Hnilica that the child was molested before she was smothered. Authorities relied upon an accusation that McNeil molested his daughter to support their theory of a motive for her death. “The bottom line is that modern science completely repudiates Hnilica’s testimony regarding any alleged motive,” said the defense motion. Forensic tests performed after McNeil’s conviction on hair collected from inside the child’s pillowcase showed the hair was consistent with Nowlin’s DNA, the defense argues. Nowlin also could not be excluded from DNA collected from a bedsheet."


PUBLISHER'S NOTE: All my instincts tell me that Part McNeil - serving a 100-year sentence on murder charges in the suffocation death of his daughter  is utterly innocent, that his former girlfriend Misook Nowlin, described by McNeil's lawyers as   jealous and vindictive, with   a history of physically abusing adults and children is Christine's killer, and that a flawed autopsy report lies at the heart of the case. I have been following the McNeil case for years, It is indeed encouraging that he is finally gaining traction in his quest for a new trial - and, as always, will keep a close eye on developments. Stay tuned!

Harold Levy: Publisher: The Charles Smith Blog. 

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BACKGROUND:  Previous story: WGLT reporter Edith Brady-Lunny; February 23, 2021: "New evidence in the 1998 death of 3-year-old Christina McNeil exonerates her father of murder charges, according to a petition filed on Tuesday by lawyers for Bart McNeil. McNeil is In the 65-page petition and four volumes of exhibits, lawyers with The Exoneration Project and the Illinois Innocence Project challenge key evidence used by the state to convict McNeil during a four-day bench trial before now-retired judge Michael Prall.  A pathology report by Dr. Violette Hnilica claiming Christina was sexually molested before she was smothered will be challenged with new scientific evidence, according to defense lawyers. “Applying modern scientific principles, a renowned forensic pathologist has now concluded that  noting about the autopsy findings in Christina McNeil’s case supports an objective, independent diagnosis that she was smothered or that the manner of death was a homicide,” said the petition. Lawyers argue a child abuse expert will testify the state’s accusation of molestation was equally faulty. “The bottom line is that modern science completely repudiates Hnilica’s testimony regarding any alleged motive,” states the defense motion. Much of the court filing focuses on the defense theory that a second, more likely suspect who was later convicted of another murder, avoided serious consideration as a suspect by authorities. McNeil’s former girlfriend, Misook Nowlin, was jealous, vindictive and had a history of physically abusing adults and children, according to McNeil’s counsel. The night before Christina’s body was found in her bed at her father’s Bloomington apartment, McNeil and Nowlin had a bitter disagreement at a restaurant that ended their relationship. Evidence that someone may have entered the child’s room through a window and knocked over a fan was dismissed by Bloomington police detectives. Lawyers point out it was McNeil who summoned police to his home to investigate what he thought was the murder of his daughter. During his trial, McNeil’s lawyer, Tracy Smith, was barred from introducing evidence of an alternative suspect. The results of DNA tests performed during McNeil’s post-conviction proceedings show Nowlin, Christina and McNeil could not be excluded from DNA profiles collected from a bedsheet. Hair collected from inside a pillowcase was not Christina’s, but consistent with Nowlin’s DNA, said the petition. Nowlin’s actions in the 2011 strangulation death of her mother-in-law Linda Tydashowed her “idiosyncratic and patterned history of homicide,” according to a chart included with the filing of 11 similarities between the two deaths.   The defense also asks the court to consider new allegations about Nowlin’s suspicious conduct the night of the child’s death and her presence at the apartment the next morning when police arrived. Information that Nowlin told her former husband Don Wang that she killed Christina also should be heard, said the petition.   In a recent phone call with WGLT from the Pinckneyville Correctional Center, McNeil said he was anxiously waiting for the new petition and a court date. “I’ve already been locked up for 20 years. If justice is going to be done, let’s not draw this out any longer. I hope justice is served for my daughter, whose killer or killers have paid no penalty for her death,” said McNeil. A court date has not been set on the petition for a new trial. McNeil's conviction was the subject of the WGLT podcast Suspect Convictions in 2018."

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CURRENT STORY: "Judge Allows Bart McNeil To Take Next Step In Quest For New Murder Trial," by Reporter Edith Brady-Lunny,  published by WGLT (NPR Illinois State University. Edith Brady-Lunny  began her career as a reporter with The DeWitt County Observer, a weekly newspaper in Clinton. From 2007 to June 2019, Edith covered crime and legal issues for The Pantagraph, a daily newspaper in Bloomington, Illinois. She previously worked as a correspondent for The Pantagraph covering courts and local government issues in central Illinois.

PHOTO CAPTION: "Bart McNeil is serving 100 years on  murder charges in the suffocation death of  3-year old Christina McNeil."

PASSAGE OF THE DAY: "In his brief notation allowing the petition to be filed, Judge William Yoder said, “because at least one of the grounds for relief allege exculpatory evidence outside the record and is not directly refuted by the record, the entire petition shall be docketed for 2nd stage review.” Yoder did not specify which potential new evidence he considered strong enough to justify additional proceedings in the case. Most post-conviction petitions do not clear the hurdles for a second-stage review."

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GIST: "McNeil’s petition seeking a new trial in the 1998 death of his young daughter will move forward in McLean County court, a judge has ruled, in a decision that recognizes potential new evidence that may support McNeil’s innocence.

McNeil is serving 100 years on murder charges in the suffocation death of 3-year-old Christina McNeil. McNeil claimed he found the child’s lifeless body in her bed at his Bloomington apartment, maintaining his innocence while encouraging police to investigate his former girlfriend, Misook Nowlin, as a suspect. Nowlin was later convicted in the 2011 strangulation of her mother-in-law, Linda Tyda.

In February, lawyers with the Illinois Innocence Project and The Exoneration Project filed a 65-page petition asserting McNeil’s innocence of the murder.

Newly developed scientific evidence challenges claims by former pathologist Dr. Violette Hnilica that the child was molested before she was smothered. Authorities relied upon an accusation that McNeil molested his daughter to support their theory of a motive for her death.

“The bottom line is that modern science completely repudiates Hnilica’s testimony regarding any alleged motive,” said the defense motion.

Forensic tests performed after McNeil’s conviction on hair collected from inside the child’s pillowcase showed the hair was consistent with Nowlin’s DNA, the defense argues. Nowlin also could not be excluded from DNA collected from a bedsheet.

In his brief notation allowing the petition to be filed, Judge William Yoder said, “because at least one of the grounds for relief allege exculpatory evidence outside the record and is not directly refuted by the record, the entire petition shall be docketed for 2nd stage review.”

Yoder did not specify which potential new evidence he considered strong enough to justify additional proceedings in the case. Most post-conviction petitions do not clear the hurdles for a second-stage review.

Yoder set a Nov. 12 hearing to review the status of McNeil’s petition.

McNeil's conviction was the subject of the WGLT podcast Suspect Convictions in 2018.

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The entire story can be read at:


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;

Monday, August 30, 2021

Derek Bromley: Australia: He is about to make one last bid for freedom after 40 years in jail for a murder he has vehemently denied committing from the outset, The Guardian (Reporter Nino Bucci) reports, noting that the conviction rested, in part, on the key role played in the case by forensic pathologist Colin Manock "whose reliability has been challenged in previous cases." ..." (Legal academic Bob) Moles has researched several cases involving Manock, including that of Henry Keogh, who was jailed for the murder of his fiancee but later released after the court of criminal appeal found Manock’s evidence to be flawed. In Bromley’s case, Manock gave evidence that Docoza was injured before his death and drowned. But according to Bromley’s 2018 application other experts dispute this, saying the cause of death cannot be determined and that the injuries may have been caused after Docoza died."... "The court of criminal appeal dismissed the application as lacking compelling new evidence. It made no findings in relation to the competency of Manock. Manock could not be reached for comment. It is believed he has not publicly commented before on the Bromley case, but he has spoken about other deaths he investigated during the almost three decades he spent as the state’s chief forensic pathologist. When questioned about his investigations into the deaths of three babies – which he found died of natural causes but whose deaths are now being investigated as homicides – Manock said he made mistakes because of the “hectic” nature of his work."


PUBLISHER'S NOTE:  The Derek Bromley case reeks of miscarriage of justice by a government and judicial system that would prefer to keep an innocent man in prison for decades, rather than admit their failure to do justice.   The Guardian reports that Bromley's application for special leave to appeal the 2018 ruling to the high court  is expected to be filed within weeks, and, if accepted is likely to be heard before the end of the year. If indeed this is a last bid for freedom from a man who has been in custody for four decades, and continues to refuse parole because he is innocent, it is all the more imperative that publications such as the Guardian, as well as individuals and organizations, send a powerful message to the Australian government - and its judicial system - that they are being closely watched from far beyond their borders - and that Derek Bromley must finally be seen to taste  without further delay, the freedom that has been  so cruelly wrested from him. I will continue to follow developments closely.

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "Bromley also argued that an eyewitness who provided direct evidence against him should be considered unreliable as he was suffering a schizoaffective disorder at the time of the incident, which left him with hallucinations including seeing a devil. The witness was hospitalised for several months to receive treatment on the same day he reported seeing Bromley."

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STORY: "Derek Bromley to make one last bid for freedom after nearly 40 years in jail for murder," by Reporter Nino Bucci (a reporter for Guardian Australia), published by The Guardian, on August 29, 2021.


SUB-HEADING: "He has been eligible for release since 2017 but has remained in prison because he consistently denies committing the crime."


PHOTO CAPTION: "Derek Bromley (pictured) was convicted of murdering Stephen Docoza, whose body was found in the River Torrens in Adelaide in 1984. Bromley says he did not commit the murder." 


GIST: "A man who has spent almost 40 years in prison in South Australia for a murder he says he did not commit will soon make a final bid for freedom.


Derek Bromley was jailed for life for the murder of Stephen Docoza, whose body was found floating in Adelaide’s River Torrens in 1984.


Bromley has been eligible for parole since 2017, but his application was denied as he will not accept he committed the crime. A co-offender was released on parole in 2004.


Under South Australia’s right to appeal laws, which came into effect in 2013, Bromley was able to challenge his conviction, despite having previously had court of criminal appeal and high court bids rejected.


But the court of criminal appeal rejected his application for a new appeal in March 2018.


Lawyers for Bromley confirmed to Guardian Australia that an application for special leave to appeal the 2018 ruling to the high court is expected to be filed within weeks. The application, if accepted, is likely to be heard before the end of the year.


It is almost certainly the last chance Bromley will have to appeal his conviction, according to legal academic Bob Moles, who has extensively researched the case.

In his 2018 application, Bromley questioned the evidence of forensic pathologist Dr Colin Manock, whose reliability had been challenged in previous cases.


Bromley also argued that an eyewitness who provided direct evidence against him should be considered unreliable as he was suffering a schizoaffective disorder at the time of the incident, which left him with hallucinations including seeing a devil. The witness was hospitalised for several months to receive treatment on the same day he reported seeing Bromley.


Moles has researched several cases involving Manock, including that of Henry Keogh, who was jailed for the murder of his fiancee but later released after the court of criminal appeal found Manock’s evidence to be flawed.


In Bromley’s case, Manock gave evidence that Docoza was injured before his death and drowned. But according to Bromley’s 2018 application other experts dispute this, saying the cause of death cannot be determined and that the injuries may have been caused after Docoza died.


The court of criminal appeal dismissed the application as lacking compelling new evidence. It made no findings in relation to the competency of Manock.

Manock could not be reached for comment.


It is believed he has not publicly commented before on the Bromley case, but he has spoken about other deaths he investigated during the almost three decades he spent as the state’s chief forensic pathologist.


When questioned about his investigations into the deaths of three babies – which he found died of natural causes but whose deaths are now being investigated as homicides – Manock said he made mistakes because of the “hectic” nature of his work.


Moles believes cases such as Bromley’s show why Australia needs a criminal cases review commission.


Moles and Bibi Sangha, who are both Flinders University adjunct associate professors, were recently invited to contribute to the Canadian government’s consultation on the establishment of an independent body to review wrongful convictions.


The lawyers helped to establish right to appeal laws in Victoria, Tasmania and South Australia, but Moles said a national criminal cases review commission should be founded to accompany them.


“[The Canadian experience] provided us the opportunity to reflect on Australia’s own progress with wrongful convictions and realise in certain jurisdictions we’re still very behind,” he said.


“In some states there are people languishing in jail for crimes they didn’t do and with no possible recourse to get themselves out.”


The commission would have been able to investigate Bromley’s case by viewing records held by the prosecution, Moles said, meaning concerns about Manock’s evidence and the eyewitness might have been uncovered earlier.


Current right to appeal laws only benefit those with strong legal challenges, he said, and often could not be made out because of issues with disclosure from the prosecution.


Moles said it was a misconception that advocates for independent review commissions were solely motivated by freeing the wrongfully convicted; such commissions can also ensure justice for the victims of crime.


“The way to set up the perfect crime would be to make sure somebody else can be convicted for it, because if it’s an unsolved crime, you have to constantly look over your shoulder,” he said.


“A criminal cases review commission would look at, ‘Well, who actually did it?’


“A miscarriage of justice applies equally: someone has committed a crime and not been held accountable for it. We’re not bleeding hearts here.""


The entire story can be read at: 

https://www.theguardian.com/australia-news/2021/aug/30/derek-bromley-to-make-one-last-bid-for-freedom-after-nearly-40-years-in-jail-for?fbclid=IwAR0boBPziZNIb_XOgyrxJPbF5Zyedrr3as4MdlBnodl2N71irjxu7U8wbXM

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;

Kathleen Folbigg: Australia: (Follow the science); The Daily Mail Australia (Reporter Katie Stevens) reports on, "the key piece of evidence jurors never heard before finding ‘child-killer’ Kathleen Folbigg guilty for the deaths of her four children – as 90 top scientists explain why she’s ‘innocent.'.."Kathleen Folbigg may not have spent the last 18 years behinds bars had the jury been aware at least eight families around the world had suffered multiple sudden infant deaths, as world-leading scientists continue their quest to prove her innocence. The woman considered to be Australia’s worst female serial killer and ‘most hated woman’ was jailed in 2003 for the murders of her children Patrick, Sarah and Laura – aged from eight months to 19 months – between 1991 and 1999. She was also found guilty of the manslaughter of her first-born child, Caleb, who was just 19 days old when he died in Newcastle in 1989. Folbigg, 53, has always maintained her innocence and has the support of dozens of scientists and medical experts who have called for her to be pardoned from her 30-year jail term."


PASSAGE OF THE DAY;  "At Folbigg’s trial in 2013, expert witnesses for the prosecution told the court that they didn’t know a single family in the world where three or more babies died suddenly of natural causes. What the jury didn’t hear is the same tragedy had happened to at least eight other families overseas.  Australian National University Professor of Immunology Carola Vinuesa was among the scientists tasked with analysing Folbigg’s DNA and that of her four deceased children. ‘At the time of Kathleen’s trial, even though it has just been discredited, it still permeated the idea that four deaths in a family is just too rare,’ she told 60 Minutes. ‘Well, we know it isn’t. These things happen.’  A genetic mutation called CALM2 G114R was found in Sarah and Laura’s DNA, inherited from their mother, which can cause sudden cardiac arrest in infants. Scientists in multiple countries ran biochemical and electrophysiological tests to prove the deadliness of the mutation. The peer-reviewed findings were published in a world leading paper by Oxford University stating the mutation had 90 to 95 per cent chance of causing potentially fatal disease. Professor Vinuesa believes ‘it’s very likely’ that the Folbigg daughters died of a cardiac arrhythmia which led to sudden death. ‘If that is not reasonable doubt, I don’t know what is,’ she said."

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STORY: “Jurors never heard key evidence before sentencing ‘child-killer’,  by Reporter Katie Stevens for the Daily Mail Australia, on August 29, 2021.


SUB-HEADING: “The key piece of evidence jurors NEVER heard before finding ‘child-killer’ Kathleen Folbigg guilty for the deaths of her four children – as 90 top scientists explain why she’s ‘innocent’


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SUMMARY:

  • Kathleen Folbigg jailed in 2003 for  30 years for killing her four children
  • The girls had a genetic mutation which had likely been deadly, scientists said
  • Scientists said boys also had mutated genes which caused fatal epilepsy in mice
  • Medical experts continue to campaign for Folbigg, now 53, to be released
  • She has always maintained innocence and has written to NSW Attorney-General
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GIST: "Kathleen Folbigg may not have spent the last 18 years behinds bars had the jury been aware at least eight families around the world had suffered multiple sudden infant deaths, as world-leading scientists continue their quest to prove her innocence.


The woman considered to be Australia’s worst female serial killer and ‘most hated woman’ was jailed in 2003 for the murders of her children Patrick, Sarah and Laura – aged from eight months to 19 months – between 1991 and 1999.


She was also found guilty of the manslaughter of her first-born child, Caleb, who was just 19 days old when he died in Newcastle in 1989.  


Folbigg, 53, has always maintained her innocence and has the support of dozens of  scientists and medical experts who have called for her to be pardoned from her 30-year jail term.


Following her most recent unsuccessful appeal for freedom, she has written a four page letter to NSW Attorney-General Mark Speakman urging him to ‘soften his heart’ as she pleaded again to walk free.


At Folbigg’s trial in 2013, expert witnesses for the prosecution told the court that they didn’t know a single family in the world where three or more babies died suddenly of natural causes.

What the jury didn’t hear is the same tragedy had happened to at least eight other families overseas. 


Australian National University Professor of Immunology Carola Vinuesa was among the scientists tasked with analysing Folbigg’s DNA and that of her four deceased children.

‘At the time of Kathleen’s trial, even though it has just been discredited, it still permeated the idea that four deaths in a family is just too rare,’ she told 60 Minutes.

‘Well, we know it isn’t. These things happen.’ 


A genetic mutation called CALM2 G114R was found in Sarah and Laura’s DNA, inherited from their mother, which can cause sudden cardiac arrest in infants. 


Scientists in multiple countries ran biochemical and electrophysiological tests to prove the deadliness of the mutation.


The peer-reviewed findings were published in a world leading paper by Oxford University stating the mutation had 90 to 95 per cent chance of causing potentially fatal disease.

Professor Vinuesa believes ‘it’s very likely’ that the Folbigg daughters died of a cardiac arrhythmia which led to sudden death.

‘If that is not reasonable doubt, I don’t know what is,’ she said.



A genetic mutation called CALM2 G114R was found in Sarah (right) and Laura’s (left) DNA. Laura died aged 19 months in 1999, and Sarah died at 10 months in 1993


Professor Carola Vinuesa (pictured) is among the scientists who have advocated for Katheen Folbigg’s release from jail

‘The paper itself was co-authored by 27 scientists from seven different countries with experiments performed in at least four countries’

‘The science was very strong. To date, there hasn’t been a single criticism of the science.’ 


She is backed by Professor Peter Schwartz who’s regarded as a world leader in cardiovascular genetics. 

‘The third and fourth deaths in that family were caused by calmodulin mutation,’ he said.

‘To find that is a smoking gun. It’s hard to imagine it would be something else.

Scientists said the boys also had mutated genes which caused fatal epilepsy. 


Former NSW District Court chief judge Reginald Blanch QC in 2019 found significant investigations had failed to find a reasonable natural explanation for any of the deaths of Caleb, Patrick, Sarah and Laura.

He ruled that it was beyond reasonable doubt that Folbigg was guilty.


Folbigg’s own explanations and behaviour in respect of her diaries, which weren’t available in any of the mother’s criminal appeals, made ‘her guilt of these offences even more certain’, Mr Blanch concluded.


Folbigg’s legal team has since sent her diaries to US research psychologist Dr James Pennebaker, who believes they show no premeditation for murder.

‘There was no evidence for some kind of somebody who is devious, who is certainly planning to kill anyone,’ he said.


He was shocked to learn that a judge couldn’t find any reasonable doubt regarding her guilt by taking her diaries into account.

‘I find that remarkable and I would urge them to look at the diaries in a different light,’ he added.


Professor Vinuesa was among 90 scientists who signed a petition lodged with NSW Governor Margaret Beazley AC QC earlier this year which called for Folbigg’s pardon and immediate release. 

‘I think it’s distressing, it’s shocking really. I think it should bring an embarrassment to Australians like myself,’ she said.

‘But I still have the hope that, you know, like Australia of high integrity, this evidence, since the inquiry, and say that it’s time to have the science prevail, and listen to the science.’


Following her latest unsuccessful bid for freedom, Folbigg has written to Mr Speakman about the overwhelming support she’s had from the public and how her day-to-day existence has changed her following the petition for a pardon.


She paid tribute to the scientists in the four page handwritten letter obtained by The Australian.

‘To them, this isn’t only about helping Kathleen Folbigg but rather about a need for scientific proof to be listened to, respected and heeded,’ she wrote.


‘They have removed the stigma of being perceived as an evil monster, removed the anxiety and fear that I have suffered every day for over 30-odd years.’ 


Folbigg maintains her innocence and spent the last three decades mourning the loss of her four babies.

She also expresses her regret at not give evidence in person at her trial, a decision she continues to pay a heavy price for.


‘(My supporters) have known me my whole life, not just a decade of it, and have witnessed the love and care for my children. Also my devastating grief,’ Folbigg wrote.

‘Please soften your heart.’ 


Until now, US mum Meredith Schoenherr has never spoken publicly about the tragic death of two-and-a-half-year-old son Jack from a rare genetic mutation in 2013. 


It was the same type of abnormality found in the Folbigg girls.


‘I was so excited that he was sleeping late for once in his life, but I went into the bedroom and when I went to roll him over, it was very obvious that he was gone,’ she told 60 Minutes.


She recalled how close the authorities were to taking Jack’s baby sister away from her and her husband Todd, who were interviewed separately at the hospital shortly after their son’s death.

‘She separated us and had us each tell our story of what happened,’ Ms Schoenherr recalled.


‘I was so in shock, it didn’t really occur to me at that point that they were investigating us.’ 

‘In the early days, nobody had any answers, which was very frustrating.’


She felt sick to her stomach after hearing Folbigg’s story and shudders to think she too could have been jailed over Jack’s death.


To be jailed for so many years for it, on top of losing her children, it’s really hard for me to even try to comprehend how much that must hurt,’ Ms Schoenherr said.


Lifelong friend Tracy Chapman said being jailed for the deaths of her children have had a devastating impact on Folbigg.


‘She’s cried a river over it because, she didn’t kill her children, even though she knows she didn’t have a hand in killing her children, she carried a genetic mutation that has done just that, anyway, she said.


She remains hopeful her friend will see eventually see justice.

Otherwise everything I ever believed in the Australian legal system goes out the window,’ Ms Chapman said."


The entire story can be read at: 


https://distincttoday.net/2021/08/29/jurors-never-heard-key-evidence-before-sentencing-child-killer-kathleen-folbigg/

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

KATHLEEN FOLBIGG’S LETTER FROM PRISON

Writing to NSW Attorney-General Mark Speakman:

‘To them [the scientists], this isn’t only about helping Kathleen Folbigg, but rather about a need for scientific proof to be listened to, respected and heeded. 

‘I pay homage to all scientists involved. 

‘They have removed the stigma of being perceived as an evil monster, removed the anxiety and fear that I have suffered every day for over 30-odd years.

‘Following the petition for a pardon, my day-to-day existence has changed. I now receive massive support from so many people.

‘For over 30 (years) I have grieved the loss of my children. As it shall be for forever more. 

‘As you are aware, I have ALWAYS PROTESTED MY INNOCENCE.

‘In 2003, I followed advice and decided to stay silent throughout my trial.

‘I suffer every day over doubting that decision. I continue to pay a heavy price…

‘(My supporters) have known me my whole life, not just a decade of it, and have witnessed the love and care for my children. Also my devastating grief.  

‘Please soften your heart.’  

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

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;

Sunday, August 29, 2021

Back in action: (HL): Julius Jones: Oklahoma: Up-coming hearing. September 13: His lawyer believes the Pardon and Parole Board investigator recommended Jones have his sentence commuted. (The Frontier): The Board's attorney says the investigator's recommendation "isn't actually a recommendation."..."Jones’ attorneys filed that report on Friday as part of a packet of materials as they fight to keep Jones from being put to death. The filing came one day after Oklahoma Attorney General John O’Connor asked the Oklahoma Court of Criminal Appeals to set execution dates for Jones and six other prisoners on death row. O’Connor has asked the court to set Jones’ execution for October 28. Executions have been on hold in Oklahoma since 2015 after a series of mishaps in the executions of Clayton Lockett, Charles Warner, and the attempted execution of Richard Glossip. Glossip was granted a last-minute stay by then-Gov. Mary Fallin after prison officials learned they had intended to execute Glossip by using a drug not included in the state’s lethal injection protocol. O’Connor’s filing complicated Jones’ ongoing efforts to win a commuted sentence from the Oklahoma Pardon and Parole Board. After a lengthy process rife with drama, the Pardon and Parole Board granted Jones an unprecedented hearing. Jones is the first death row inmate to have a request for commutation heard by the Pardon and Parole Board. He passed the beginning stage of the commutation process earlier this year, and is scheduled for the second and final hearing on Sept. 13."


PASSAGE OF THE DAY: "Attorneys for Jones also filed the commutation application that he filled out last year. In it, Jones admitted to doing “some stupid things in my life” and said he was “ashamed, embarrassed and repentant of” his “youthful actions.”


“But, as God is my witness, I was not involved in any way in the crimes that led to Paul Howell being shot and killed on July 28, 1999.”


Howell was carjacked and shot and killed in front of his daughters after they arrived home that day from a shopping trip. The gun used to kill Howell, as well as a bandana that police believe was worn by the person who shot Howell, were found in the attic above Jones’ room. The bandana had Jones’ DNA on it when it was tested years after the crime, but Jones has said that he did not play a role in either the carjacking or killing.


Jones said in his commutation application that Jordan admitted to spending the night at Jones’ parents house after killing Howell, and Jones said he believes Jordan “wrapped the gun used to murder Mr. Howell in a bandana and (planted) it in my bedroom.”


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


STORY: "Attorneys for Julius Jones believe investigation by Pardon and Parole Board recommends Jones not be executed," published by The Frontier on August 27, 2021.

SUB-HEADING: "Jone's attorney believes the Pardon and Parole Board investigator recommended Jones have his sentence commuted. The Board's attorney says the investigator's recommendation "isn't actually a recommendation."

Editor’s note (The Frontier):  "This story has been updated with text from an email sent by Pardon and Parole Board General Counsel Kyle Counts to Dale Baich, an attorney for Julius Jones and other death row inmates. The original headline, “Investigation by Oklahoma Pardon and Parole Board recommends Julius Jones not be executed,” has been changed to reflect the assertions by the Pardon and Parole Board."


An investigator for the Oklahoma Pardon and Parole board wrote in her report under “Investigator recommendation” that death prisoner Julius Jones be granted life in prison, either with or without the possibility of parole.


Jones, 41, has spent two decades on death row for the 1999 killing of Edmond businessman Paul Howell. Jones has maintained his innocence and there’s been a groundswell of public support in recent years for his release from prison amid questions about the evidence in his case and the state’s history of bungled executions.


The report, compiled by Pardon and Parole Board investigator Lisa Reading, included a lengthy description of the views of both the Oklahoma County District Attorney’s Office and Jones himself.


 Oklahoma County District Attorney David Prater has said for years he believes Jones is guilty of Howell’s murder, while Jones has said repeatedly that Chris Jordan killed Howell. Jordan, who testified against Jones, was also convicted of killing Howell, but served only 13 years in prison before being released.


Pardon and Parole Board General Counsel Kyle Counts did not respond to multiple phone call and email requests for comments from The Frontier for weeks leading up to the release of the document. However Counts did email Jones’ attorney Dale Baich to say that the Pardon and Parole Board does not consider the “recommendation” of the investigator to be an actual recommendation.


“Due to the high volume of commutation hearings held since 2019, the Board asked staff to include options for reduced sentences that are within range for the offense(s) being considered,” Counts said in the email, obtained by The Frontier.


Counts said in the email the possible reduced sentences are included under the “Investigator Recommendation” section due to a “software limitation.”


“The PPB’s investigator was not making a recommendation to the Board on how they should vote on Julius Jones’ commutation,” Counts wrote. “She was merely providing the options of ‘Life Without Parole’ or ‘Life’ as potential reduced sentences, as is the practice for all commutation considerations at a Stage II hearing.”


Oklahoma County District Attorney David Prater called Jones’ attorneys statement in the court filing that the “investigator’s recommendation” section is, in fact, a recommendation by the investigator, “a complete misrepresentation” and an “outright” lie.


“The killer’s attorneys have had the report for months and were completely aware of what the sentencing language meant,” he said. “Every word of their assertions, intended to manipulate the public and the Pardon and Parole Board are outright lies. The killer’s lies are a desperate attempt to avoid accountability for his cowardly and brutal murder of Paul Howell in front of his two young daughters.”


Jones’ attorneys filed that report on Friday as part of a packet of materials as they fight to keep Jones from being put to death. The filing came one day after Oklahoma Attorney General John O’Connor asked the Oklahoma Court of Criminal Appeals to set execution dates for Jones and six other prisoners on death row. O’Connor has asked the court to set Jones’ execution for October 28.


Executions have been on hold in Oklahoma since 2015 after a series of mishaps in the executions of Clayton Lockett, Charles Warner, and the attempted execution of Richard Glossip. 


Glossip was granted a last-minute stay by then-Gov. Mary Fallin after prison officials learned they had intended to execute Glossip by using a drug not included in the state’s lethal injection protocol.


O’Connor’s filing complicated Jones’ ongoing efforts to win a commuted sentence from the Oklahoma Pardon and Parole Board. After a lengthy process rife with drama, the Pardon and Parole Board granted Jones an unprecedented hearing. Jones is the first death row inmate to have a request for commutation heard by the Pardon and Parole Board. He passed the beginning stage of the commutation process earlier this year, and is scheduled for the second and final hearing on Sept. 13.


But the state’s request for an execution date has now thrown the status of Jones’ upcoming hearing into question. The Pardon and Parole Board also manages clemency hearings for death row inmates, and Tom Bates, the agency’s executive director, said that may now be a more appropriate path for Jones to take.


Clemency is similar to commutation, but is generally the last chance someone has at lessening their sentence. It’s also exceedingly rare that a death row inmate is granted clemency. The Death Penalty Information Center says Oklahoma has only granted clemency to a death row inmate four times since 1977.


Bates said that if the court does set an execution date for Jones, he would immediately be scheduled for a clemency hearing, which may make a commutation hearing redundant.

“The clemency hearing is actually a little more robust (than a commutation hearing,)” Bates said. He said representatives for Jones would have more time to make their case in a clemency hearing than in a commutation hearing, and that a clemency hearing would allow for Jones to appear virtually to speak on his own behalf, which he would not do in a commutation hearing.


The outcome of either hearing could end in the same place. Either way, the board will hear Jones’ case and make a recommendation to Gov. Stitt, who ultimately holds Jones’ fate in his hands.


The board is set to discuss the future of Jones’ commutation hearing on Tuesday, as well as a resumption of the clemency process for all death row inmates. None of the current board members were on staff when the last clemency hearing was held in 2015. 


Two members of the Oklahoma Legislative Black Caucus, Rep. Jason Lowe, D-Oklahoma City, and Rep. Regina Goodwin, D-Tulsa, released statements Friday critical of the state’s attempt to set an execution date for Jones. 


“I am appalled that the attorney general would request a date for Mr. Jones’ execution before providing Mr. Jones and his legal team with the opportunity to present his case at his September 13 commutation hearing,” Lowe said. “It is actions like these that reinforce the public’s doubt and distrust in our criminal justice system.”


Lowe asked O’Connor to withdraw his request for an execution date.


“A commutation hearing was graciously and rightly set for September 13 to receive potentially life-saving information regarding Mr. Julius Jones,” Goodwin said in her statement. “AG O’Connor’s rushed request to execute on October 28, before all is heard, rips further into trust and attempts to also kill due process.”


O’Connor did not respond on Friday to requests for comment by The Frontier.


Attorneys for Jones also filed the commutation application that he filled out last year. In it, Jones admitted to doing “some stupid things in my life” and said he was “ashamed, embarrassed and repentant of” his “youthful actions.”


“But, as God is my witness, I was not involved in any way in the crimes that led to Paul Howell being shot and killed on July 28, 1999.”


Howell was carjacked and shot and killed in front of his daughters after they arrived home that day from a shopping trip. The gun used to kill Howell, as well as a bandana that police believe was worn by the person who shot Howell, were found in the attic above Jones’ room. The bandana had Jones’ DNA on it when it was tested years after the crime, but Jones has said that he did not play a role in either the carjacking or killing.


Jones said in his commutation application that Jordan admitted to spending the night at Jones’ parents house after killing Howell, and Jones said he believes Jordan “wrapped the gun used to murder Mr. Howell in a bandana and (planted) it in my bedroom.”


“I feel horribly for Mr. Howell and his family,” Jones wrote in his commutation application. “I know … Chris (Jordan) framed me … but I absolutely did not commit this crime and I was wrongfully convicted.”


Jones’ attorneys also filed an affidavit on Friday from a man named Clinton Johnson, who worked for the Oklahoma Department of Corrections for 26 years and was later appointed by former Gov. Brad Henry to the Pardon and Parole Board, where he served for eight years. 


Johnson said in his affidavit that he had reviewed 797 pages of documents related to Jones’ conviction and time in prison, and believed Jones could “successfully transition to the community, provided he has a strong support system in place” as well as a place to live, employment, transportation, a “positive mentor” and access to medical and mental health assistance “if needed.""



The entire story can be read at:


https://www.readfrontier.org/stories/attorneys-for-julius-jones-believe-investigation-by-pardon-and-parole-board-recommends-jones-not-be-executed/
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;