Bart McNeil: Illinois: Significant Development: A judge has ruled that Bart McNeil's petition for a new trial in the 1988 death of his young daughter will move forward, in a decision that recognizes potential new evidence that may support his innocence, WGLT (NPR University of Illinois) Reporter Edith Brady-Lunny reports..."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.”

PASSAGE OF THE DAY: "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."

GIST: "Bart 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."

The entire story can be read at:

https://www.wglt.org/local-news/2021-08-27/judge-allows-bart-mcneil-to-take-next-step-in-quest-for-new-murder-trial?fbclid=IwAR2C_GcEEW0M40U-Iz-D4vzwa0gnBskda-EEr4sBhhPcjzrhFtpYHjdHWlE

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;