Friday, October 29, 2021

Stephanie Spurgeon: Florida: Major (Very Welcome) Development: Fighting to prove her innocence in the tragic death of a child in her care, her prosecutors have permitted her to enter an Alford 'guilty' plea - meaning that her case would finally be behind her - and she would not be forced to undergo the uncertainty of a new trial: As the Center of Integrity in Forensic Sciences put it in a release issued on October 15: "Today, our client, Stephanie Spurgeon, entered a guilty plea for a crime she did not commit. She pled guilty under a provision known as an Alford plea, which is a legal construction that allows her to end her case while still maintaining her innocence. Stephanie deserves to be free and she deserves to put this tragic chapter in her life behind her. She has been fighting to prove her innocence since her initial accusation in 2008."


PASSAGE OF THE DAY: "In 2008, Stephanie was working as a day care provider when a child collapsed while in her care and tragically died a week later in the hospital. Medical records not fully litigated at trial indicated the child died not of any trauma, but of a serious, undiagnosed illness. Full investigation after her conviction also revealed that the mechanism of injury the State’s expert, Dr. Sally Smith, testified to at Stephanie’s trial was physically impossible. Despite this, the State’s Attorney’s Office chose to seek retrial, rather than acknowledge their errors and dismiss the profoundly flawed case."

RELEASE: "Stephanie Spurgeon takes on an Alford plea," released by The Center for Integrity in Forensic Sciences, on October 15, 2021.

GIST: "Today, our client, Stephanie Spurgeon, entered a guilty plea for a crime she did not commit. She pled guilty under a provision known as an Alford plea, which is a legal construction that allows her to end her case while still maintaining her innocence. Stephanie deserves to be free and she deserves to put this tragic chapter in her life behind her. She has been fighting to prove her innocence since her initial accusation in 2008.

In 2008, Stephanie was working as a day care provider when a child collapsed while in her care and tragically died a week later in the hospital. Medical records not fully litigated at trial indicated the child died not of any trauma, but of a serious, undiagnosed illness. Full investigation after her conviction also revealed that the mechanism of injury the State’s expert, Dr. Sally Smith, testified to at Stephanie’s trial was physically impossible. Despite this, the State’s Attorney’s Office chose to seek retrial, rather than acknowledge their errors and dismiss the profoundly flawed case.

Stephanie has already been convicted and imprisoned once for this crime that she did not commit—indeed, a crime that did not even occur–and while the State’s case was overwhelmingly disproven by recent litigation, Stephanie has no guarantees that she would not be again victimized by the criminal legal system at a new trial. She has been waiting far too long to fully rejoin her family and society and to live her life freely. She will get that chance today. She steadfastly maintains her innocence and has long wished for the peace this resolution will bring.

Stephanie is represented by the Center for Integrity in Forensic Sciences, the Innocence Project of Florida, the Exoneration Project, and Allison Miller of Ripley Whisenhunt, PLLC.

The entire release can be read at:


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"Overview

 

Stephanie Spurgeon was incarcerated on a 20-year prison sentence for a crime she did not commit. She was released on August 3rd of 2020. Spurgeon was accused of manslaughter in the August 2008 death of Maria Harris, an infant who became unresponsive on a car ride back home after spending her very first day in Spurgeon's care.

 

The Crime

 

On August 21st of 2008, Spurgeon was a married mother of two and a home daycare provider for many years. She had a new 1-year-old child, Maria Harris, in her care and after the child was picked up at the end of the day, the child became ill. Maria fell asleep at her new daycare and never woke up. She died eight days later from a brain hemorrhage. 

 

The Trial

 

Doctors said the brain hemorrhage was inflicted by abuse. This was in spite of the fact that the child did not show any external signs of injury nor outward signs of trauma. There were no bruises, no neck injuries, or broken bones. However, prosecutors alleged that the brain swelling stemmed from the child being thrown repeatedly against a soft surface, like a mattress. Spurgeon’s attorney defended her by refuting a theory that the child died after being shaken, a theory that prosecutors did not rely on at trial, instead of focusing on the allegations that the girl was thrown against a soft surface.

 

Spurgeon was convicted in 2012 and sentenced to 15 years in prison. Spurgeon was found guilty of manslaughter after prosecutors argued at her trial that the girl's brain swelling could only have been caused by abuse.

 
Post Conviction

In 2018, Stephanie Spurgeon was granted an evidentiary trial to demonstrate new evidence of her innocence 

 

Spurgeon’s defense attorneys plan to challenge her conviction by presenting scientific testimony ranging from bio-mechanical engineering to clinical pathology. Our director, Seth Miller, argues that Spurgeon's trial lawyer failed to present evidence that could have resulted in an acquittal. This is because Spurgeon’s lawyer decided to focus on refuting the theory of Shaken Baby Syndrome (SBS) instead of the prosecution’s actual theory involving the baby being thrown on a soft surface.

 

Medical tests taken of Maria while she was hospitalized showed that she had a number of tell-tale signs of an undiagnosed diabetic crisis. Maria’s blood glucose was more than four times the normal level and she had developed a blood clot in a vein at the top of her skull. 

 

Dr. Michael Laposata, a pathologist specializing in blood disorders, testified that the clot formed about ten days before Maria was hospitalized. There was also no bruising on her scalp that could have indicated abuse.

 

Chris Van Ee, a Michigan bio-mechanical engineering expert, also testified that tests conducted on baby-sized dummies show that brain trauma like the kind Maria suffered cannot be caused by falling onto a mattress.

 

Stephanie maintained her innocence and her case was picked up by 2 Innocence Projects. Attorneys presented their findings and 3 judges overturned Stephanie’s conviction, granted her a new trial, and set a bond for her release. Her family has paid her bond and she was released from prison on 8/3/2020." https://www.floridainnocence.org/stephanie-spurgeon

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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;

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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;

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FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice. 
Jennifer Givens: DirectorL UVA Innocence Project.