PASSAGE OF THE DAY: "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 Tyda showed 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."
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PUBLISHER'S NOTE: I am publishing this post on the threshold of International Wrongful Conviction Day (October 2, 2021 as an opportunity to draw international attention to the case of a man sentenced 1999 to 100 years in prison for the murder of his 3-year-old daughter - a man who's lawyers backed up by very persuasive pathological evidence from Dr. Andrew Baker, a much renowned pathologist. make a powerful case for exoneration. That part of the 'Bart McNeil story was ably told by WGLT reporter Edith Brody-Lunny, who has been reporting on the McNeil case for years, in an article headed, "Bart McNeil seeks new trial on murder charges, bearing the lead "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." In Bart's words: "“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.” I couldn't agree more:
Harold Levy: Publisher: The Charles Smith Blog;
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STORY: "Bart McNeill seeks new trial on murder charges," by Reporter Edith Brody-Lunny, published byWGLT (NPR Illinois State University), on February 23, 2021..."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."
GIST: 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 serving a 100-year sentence on murder charges in the suffocation death of his daughter.
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 nothing 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 Tyda showed 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.
https://www.wglt.org/news/2021-02-23/bart-mcneil-seeks-new-trial-on-murder-charges
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Information on contacting Bart McNeil directly or contributing to his campaign can be found at:
https://freebart.org/?page_id=20
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BACKGROUND: "On June 15th, 1998, a divorced father, Barton Monroe McNeil, also known as Bart, had custody of his daughter Christina for the night, per child care arrangements with this ex-wife, Tita McNeil. Tita worked the third shift at the local hospital. Proud to be such a large part of raising three-year old Christina McNeil, Bart routinely had custody of his daughter, sometimes four or five days a week. Around 10:30 on this particular night, Bart put Christina to bed after her supper. Inexplicably, a few hours later, Bart found Christina awake in the bedroom smiling and talking. Not overly concerned with this behavior, Bart told Christina she needed to get some sleep and tucked her back into bed. Bart awoke at 7:30 the next morning and followed his regular routine. After calling to Christina to get up and get dressed and receiving no response, Bart went into her room to check on her. Bart found his daughter lifeless in her bed. He immediately called 911 and attempted to perform CPR, but to no avail. Paramedics arrived and confirmed the worst: three-year old Christina was dead. It was later indicated by the coroner that she had been smothered to death. Initially, Bart had no idea what could have caused his daughter’s death. But as he observed the state of Christina’s room, Bart began to notice something wasn’t right. The window fan that had been in the first floor bedroom’s window had fallen to the floor. There were two holes cut in the window screen right above the latches, which were unlatched. Bart started to believe that someone had intentionally removed the screen to gain access to his daughter’s room. Two days after Christina’s death, the criminal investigation began to center around Barton McNeil. Bart was charged with two counts of first-degree murder in connection with her death. As Bart awaited trial for the murder of his daughter, he and his attorneys began to piece together what had happened to Christina. The day before Christina’s death, Bart ended his increasing dysfunctional relationship with his girlfriend, Misook Nowlin. Christina was murdered less than twelve hours after Barton’s dramatic showdown with Misook in a public restaurant. Among the items of evidence recovered from the scene were the window screen, a fingerprint located on the inside of the window frame, Christina’s stained bed sheet and pillowcase, and Christina’s stained clothing. Most of the spots on the sheet were never tested for DNA profiles, and the stains on the pillowcase, and Christina’s clothing, too were not tested. Nor was any DNA work done on the fingerprint or window screen. At trial, Bart was precluded from presenting evidence regarding Misook’s involvement in this offense. In July of 1999, Barton McNeil was found guilty of first-degree murder of his three-year old daughter and sentenced to life in prison. As Bart worked to prove his innocence through appeals, Misook Nowlin was making news. In September 2011, Mistook Nowlin made headlines for the murder of her mother-in-law, Wenlan Tyda. Tyda’s murder occurred shortly after Misook’s new husband asked for a divorce, under eerily similar circumstances. In December of 2012, Misook Nowlin was convicted of strangling Tyda and sentenced to 55 years in prison. The realization that Misook is in fact capable of murder under extremely similar circumstances, coupled with the incomplete forensic evidence presented at Bart’s original trial, has prompted the Illinois Innocence Project to review Bart’s case and assist him in his pursuit of proving his innocence.
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LATEST DEVELOPMENT IN CASE: (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."
https://smithforensic.blogspot.com/2021/08/bart-mcneil-illinois-major-development.html
