Wednesday, December 1, 2021

Shandee Blackburn: Queensland: Australia: "The family of murdered Mackay woman Shandee Blackburn has called for an independent inquiry into a state government-run forensic laboratory over its handling of evidence, abc News (Reporter Tobi Loftus) reports..."Independent forensic biologist Dr Kirsty Wright has reviewed hundreds of forensic files from the murder investigation recently for The Australian newspaper's podcast series Shandee's Story. Speaking to media today, she said the case was a "forensic train wreck". "What I've found is quite unbelievable," she said. Dr Wright said there were errors throughout the DNA profiling process done by the Queensland Health laboratory. "Critical errors that may have prevented the offender from Shandee's murder from being identified," she said. "An example being a DNA swab that was collected from a fresh pool of blood from the gutter where Shandee was killed, and the laboratory could not obtain a DNA sample from that sample. "If a laboratory cannot get a DNA profile from a fresh pool of blood, how can it get a DNA profile from trace evidence that could assist the police in resolving this matter."



PASSAGE OF THE DAY:  "Dr Wright said there were 17 incorrect results that were released from the laboratory as part of the investigation that incorrectly linked people to crime scene samples taken from Shandee's clothing. "For even one incorrect result to be released form a laboratory is inexcusable, but in this case there were 17," she said. "All of the samples need to be retested by another laboratory and I believe that there has to be a public inquiry. "I don't believe other cases may have been spared these issues... and what we're seeing with Shandee's case may be the tip of a very large iceberg." Ms Blackburn's mother Vicki Blackburn echoed Dr Wright's call for an inquiry and said evidence needed to be retested as a matter of "utmost urgency". "We are in utter shock that this could happen in Australia," she said.


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STORY: Forensic biologist labels Shandee Blackburn murder investigation a 'forensic train wreck," by Reporter Tobi Loftus, published by abcnews on November 25, 2021.  Thanks to Dr. Michael Bowers for drawing attention to this story on his insightful Blog, "CSIDDS: Forensics and Law in Focus.) 


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SUB-HEADING:  "Shandee Blackburn died after being stabbed multiple times in February, 2013."


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Key points:

  • A forensic biologist has reviewed hundreds of documents as part of a podcast series into Shandee Blackburn's murder. She says the case was a "forensic train wreck".  Ms Blackburn's family has called for an inquiry into the handling of the forensic material.
  • GIST: "The family of murdered Mackay woman Shandee Blackburn has called for an independent inquiry into a state government-run forensic laboratory over its handling of evidence.

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The 23-year-old was walking home from work in the early hours of February 9, 2013, when she was brutally stabbed more than 20 times.


No-one has been found guilty of her murder. 


A Queensland Health spokesperson said they could not comment on individual cases.

"The role of Forensic and Scientific Services is to provide analysis to the Queensland Police Service and provide professional evidence in court describing that analysis," the spokesperson said.


Ms Blackburn's former partner John Peros was found not guilty of her murder by a Supreme Court jury in a 12-day trial in 2017.


In August 2020, Coroner David O'Connell found there was ample evidence that showed Mr Peros killed Ms Blackburn and there was no other possible conclusion that could be drawn based on the evidence.

Mr Peros has maintained his innocence.


'Systemic errors':

Dr Wright said there were 17 incorrect results that were released from the laboratory as part of the investigation that incorrectly linked people to crime scene samples taken from Shandee's clothing.


"For even one incorrect result to be released form a laboratory is inexcusable, but in this case there were 17," she said.


"All of the samples need to be retested by another laboratory and I believe that there has to be a public inquiry.


"I don't believe other cases may have been spared these issues... and what we're seeing with Shandee's case may be the tip of a very large iceberg."


Ms Blackburn's mother Vicki Blackburn echoed Dr Wright's call for an inquiry and said evidence needed to be retested as a matter of "utmost urgency".


"We are in utter shock that this could happen in Australia," she said.


"This is not something that can be excused away, allowed to be swept under the carpet, silenced of shrugged off.


"This is totally unacceptable. This is shameful."


Investigation needed for 'public interest':

Criminal lawyer Kristy Bell, who represented the Blackburn family in the coronial inquest, said it was vitally important the evidence get re-tested in case it brought new evidence to light.


She said Dr Wright's analysis could have an "astronomical impact" on the legal system in Queensland.


"There is real potential for people who are innocent of crimes of which they've been convicted are sitting in prison serving sentences, and alternatively there are those who may have been acquitted or not even charged with offences for which they are responsible," she said.


"It is in the public interest that this be thoroughly investigated."


The entire story can be read at:

https://www.abc.net.au/news/2021-11-25/forensic-biologist-labels-shandee-blackburn-investigation-wreck/100650606


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.