Monday, January 31, 2022

Pervis Payne: Tennessee: Bulletin: Major (Welcome) Development: "Today, at his resentencing hearing, the Shelby County Criminal Court ordered that Pervis’ two life sentences, and a related 30-year sentence, run concurrently, which means that he will be eligible for parole consideration within five years," The Innocence Project reports... “The plain fact is, Pervis Payne is no threat to society and he never was,” said Kelley Henry, Pervis’ attorney. While we’re glad that Pervis will now be eligible for parole in the future, our fight isn’t over until we uncover the truth and Pervis is exonerated."


BACKGROUND: "(Pervis) Payne is an intellectually disabled Black man who was convicted and sentenced to death for the 1987 murder of a white woman named Charisse Christopher and her 2-year-old daughter Lacie Jo. He has always maintained his innocence, saying he came upon the bloody crime scene while checking to see if his girlfriend — who lived across the hall — was at her apartment. Overwhelmed by the horror before him, Payne testified in court that he fumbled around trying to help before he ran off, afraid that the police would instantly believe he was the murderer. They did. But more than 30 years later, Payne’s attorney Kelley Henry, who also represented Alley, discovered previously undisclosed evidence — a bloodied comforter, sheets and pillow — that had never been tested. In a Dec. 30 court filing, Henry wrote that the case against Payne had been “concocted out of whole cloth” and based on “outdated racial stereotyping.” At the very least, DNA evidence that was apparently hidden from the defense does nothing to make one doubt her characterization of the case. Now, the Innocence Project has also taken up Payne’s case. 

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GIST: "For 33 years, Pervis Payne was on death row in Tennessee for a crime he’s always said he did not commit. Last November, he was finally removed from death row because he lives with an intellectual disability that makes it unconstitutional to execute him. Since then, he has been waiting to learn his fate.

Today, at his resentencing hearing, the Shelby County Criminal Court ordered that Pervis’ two life sentences, and a related 30-year sentence, run concurrently, which means that he will be eligible for parole consideration within five years.


“The plain fact is, Pervis Payne is no threat to society and he never was,” said Kelley Henry, Pervis’ attorney.


While we’re glad that Pervis will now be eligible for parole in the future, our fight isn’t over until we uncover the truth and Pervis is exonerated.


For now, you can help Pervis by texting AMY to 97016 to urge D.A. Amy Weirich not to appeal the judge’s decision, then spread the word on Facebook, Instagram, and Twitter."


The entire release can be read at:

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

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;



SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:



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;
Posted by at

Robert Roberson: Death Row Texas: Bulletin: Bulletin: On-going hearing: Closing arguments set for today..."Roberson was convicted of capital murder and sentenced to death in 2003 for the death of Nikki Curtis, his two-year-old daughter. The Texas Court of Criminal Appeals stayed his scheduled June 21, 2016 execution and sent Roberson's case back to the trial court level to consider the merits of four distinct claims including a "junk science" claim," the Palestine Herald-Press (Reporter Pennylynn Webb) reports..."An evidentiary hearing initially began in August 2018 but was placed on continuance Aug. 14, 2018 after District Clerk Teresia Coker found 15-year-old evidence, including Nikki's lost head CAT scans in the Anderson County Courthouse basement. After a two and a half year hiatus, the evidentiary hearing was held in March 2021 in a hybrid of Zoom and in-person testimony at the Anderson County Courthouse. The evidentiary hearing took eight days. Roberson's legal team, led by Gretchen Sween, called a total of six witnesses, including three experts, to the stand before resting after six days of testimony."


PASSAGE OF THE DAY: "Roberson has long maintained he does not understand what happened to his daughter and he had no intent to harm her, or cause her death. Ron Keine, a death row exoneree who works with the national advocacy organization, Witness to Innocence, will be in attendance and will provide a statement of support for Roberson on behalf of the organization after the hearing concludes. Witness to Innocence is the only national organization in the United States composed of and led by exonerated death row survivors and their family members. The mission of WTI is to abolish the death penalty by empowering exonerated death row survivors and their loved ones to become effective leaders in the abolition movement."

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STORY: "Court to hear closing arguments  in  Roberson hearing," by Reporter Pennylynn Webb, published by The Palestine Herald-Press, on January 29, 2022.

GIST: "Judge Deborah Evans will hear closing arguments in the state's proceedings of the death penalty case of Robert Roberson Monday, Jan. 31. The court proceedings are scheduled to begin at 9 a.m. Monday in the main room of the Anderson County Courthouse and are expected to last until noon.

Roberson was convicted of capital murder and sentenced to death in 2003 for the death of Nikki Curtis, his two-year-old daughter.

The Texas Court of Criminal Appeals stayed his scheduled June 21, 2016 execution and sent Roberson's case back to the trial court level to consider the merits of four distinct claims including a "junk science" claim.

An evidentiary hearing initially began in August 2018 but was placed on continuance Aug. 14, 2018 after District Clerk Teresia Coker found 15-year-old evidence, including Nikki's lost head CAT scans in the Anderson County Courthouse basement.

After a two and a half year hiatus, the evidentiary hearing was held in March 2021 in a hybrid of Zoom and in-person testimony at the Anderson County Courthouse.

The evidentiary hearing took eight days.

Roberson's legal team, led by Gretchen Sween, called a total of six witnesses, including three experts, to the stand before resting after six days of testimony.

After hearing from attorneys for Roberson and the State on Monday and considering the totality of the evidence, Evans will make a recommendation. The case will then go back to the Texas Court of Criminal Appeals for an automatic review and a final determination as to whether Roberson should receive a new trial.

During the March 2021 evidentiary hearing, Roberson's defense made four claims, including his actual innocence of causing the death of his two-year-old daughter, Nikki. His defense also presented new evidence calling into question the "integrity of his conviction." If any of the four claims presented are accepted by the courts, Roberson will be entitled to a new trial.

The judge then has 15 days to write a Findings of Facts and conclusions of law and submit them back to the Court of Criminal Appeals. The CCA will review these findings and conclusions, which could take over a year, before a decision is rendered by the highest appeals court in Texas.

Roberson has long maintained he does not understand what happened to his daughter and he had no intent to harm her, or cause her death.

Ron Keine, a death row exoneree who works with the national advocacy organization, Witness to Innocence, will be in attendance and will provide a statement of support for Roberson on behalf of the organization after the hearing concludes.

Witness to Innocence is the only national organization in the United States composed of and led by exonerated death row survivors and their family members. The mission of WTI is to abolish the death penalty by empowering exonerated death row survivors and their loved ones to become effective leaders in the abolition movement."

The entire story can be read at:

https://www.yahoo.com/news/court-hear-closing-arguments-roberson-045900158.html

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;



SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:



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;

Posted by at

Melissa Lucio: Death Row; Texas: False confession and much more: Protest goes overseas as 'State of Texas vs Melissa director Sabrina Van Tassel pens an open letter to French President Emmanuel Macron protesting the setting of an execution date - and seeking his help in exonerating Lucio, Variety (Reporter Elsa Keslassy) reports...“As we commemorate the 40th anniversary of the abolition of the death penalty in France, in Texas Melissa Lucio’s fate is in our hands. In 2019, the fifth circuit court of appeals in Texas had reversed her case on the premises that she didn’t receive a fair trial. She was due to have a retrial or be released. But the State of Texas immediately appealed that decision and an extremely divided court of appeals (7 to 10) put her back on death row. Our last hopes laid in the US Supreme Court but they denied to hear the case. During the commemoration, you called for a worldwide abolition of the death penalty, adding that it was for you and for us all, a combat for all mankind, to lead, as Europeans, in 2022 now that France has the presidency of the European Union. A fight to make sure that all those who do not have a voice, the disinherited, do not end up executed by lethal injection. There are over 2,500 death row offenders in the U.S. Many, like Melissa, have exhausted all of their appeals, and can wait years to have an execution date. Due to the numerous conflicts of interest in this case, including the fact that the District Attorney is serving a 13-year sentence for bribery and extortion, we were hoping that the Cameron County District Attorney’s office would take their time. But the opposite happened. Their goal is to kill Melissa as soon as possible. To suppress it. To make it disappear.”

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SIGN THE PETITION HERE:

The petition reads 

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BACKGROUND: (From a previous post of this Blog: "But one of the biggest questions posed by her appeal: Was any murder committed at all? A Cameron County Medical Examiner blamed her death on head trauma, and claimed it was consistent with child abuse and not with a fall down a set of steep stairs. But defense attorneys have repeatedly challenged that finding, and say other evidence shows that Lucio never beat any of her kids. Investigators who reviewed older files involving Child Protective Services reports about Lucio’s children found evidence of child neglect during Lucio’s past struggles with cocaine addiction and homelessness. But Lucio’s children repeatedly denied their mother ever physically harmed them or Mariah, according to information in her appeals. None of the children testified at trial."

https://www.blogger.com/blog/post/edit/120008354894645705/6637345543996232296

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PASSAGE OF THE DAY: "The first Hispanic woman sentenced to death row in Texas, Lucio has been in prison for 14 years and was just given an execution date for April 27. Lucio was blamed for the abuse and subsequent death of her two-year-old daughter, which she has claimed was accidental. Van Tassel’s documentary shows how Lucio was coerced by a Texas Ranger to make incriminating statements after hours of questioning. Based on a thorough investigation conducted by Van Tassel over several years, the doc reveals how the system was stacked against Lucio — from the court-appointed attorney, who withheld certain evidence, to the District Attorney, who is serving a sentence for bribery and corruption. Lucio’s conviction was overturned in July 2019 by the U.S. Court of Appeals for the Fifth Circuit, but the State of Texas immediately appealed that ruling. In February, a court of appeals reversed the 2019 grant of relief by a vote of 10 to 7. In August 2021, a group of ex-prosecutors, joined by 16 anti-violence organizations including The Innocence Project, filed an amicus brief urging the Supreme Court to review Lucio’s case, but it was in vain."

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PASSAGE TWO OF THE DAY: "Since the documentary bowed at Tribeca and played at a flurry of international festivals, Lucio has received support from many prominent figures, notably music executive Jason Flom who invited Van Tassel on his podcast “Wrongful Conviction,” as well as popular civil rights activist Dolores Huerta and Susan Sarandon. Many local news outlets and institutions in Texas, including the Texas Observer, have also highlighted the cracks in Lucio’s case, suggesting that the death of her daughter may not have been a murder. The region of Rio Grande Valley, where Lucio was judged, has been plagued by other dubious cases, notably Carlos DeLuna, who was executed in 1989. A petition launched by The Death Penalty Action to rescind Lucio’s execution date has already received 27,000 signatures."

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STORY: "Melissa Lucio Documentary Director Protests Death Sentence," by Reporter Elsa Keslassy, published by Variety, on January 28, 2022.

GIST: "Despite premiering at the 2020 Tribeca Film Festival, ranking among Hulu’s most-watched documentaries and garnering high-profile support, Sabrina Van Tassel’s “The State of Texas vs. Melissa” hasn’t yet succeeded in changing the fate of Melissa Lucio.


The first Hispanic woman sentenced to death row in Texas, Lucio has been in prison for 14 years and was just given an execution date for April 27. Lucio was blamed for the abuse and subsequent death of her two-year-old daughter, which she has claimed was accidental.


Van Tassel’s documentary shows how Lucio was coerced by a Texas Ranger to make incriminating statements after hours of questioning. Based on a thorough investigation conducted by Van Tassel over several years, the doc reveals how the system was stacked against Lucio — from the court-appointed attorney, who withheld certain evidence, to the District Attorney, who is serving a sentence for bribery and corruption.


Lucio’s conviction was overturned in July 2019 by the U.S. Court of Appeals for the Fifth Circuit, but the State of Texas immediately appealed that ruling. In February, a court of appeals reversed the 2019 grant of relief by a vote of 10 to 7. In August 2021, a group of ex-prosecutors, joined by 16 anti-violence organizations including The Innocence Project, filed an amicus brief urging the Supreme Court to review Lucio’s case, but it was in vain.


Since the documentary bowed at Tribeca and played at a flurry of international festivals, Lucio has received support from many prominent figures, notably music executive Jason Flom who invited Van Tassel on his podcast “Wrongful Conviction,” as well as popular civil rights activist Dolores Huerta and Susan Sarandon. Many local news outlets and institutions in Texas, including the Texas Observer, have also highlighted the cracks in Lucio’s case, suggesting that the death of her daughter may not have been a murder. The region of Rio Grande Valley, where Lucio was judged, has been plagued by other dubious cases, notably Carlos DeLuna, who was executed in 1989. A petition launched by The Death Penalty Action to rescind Lucio’s execution date has already received 27,000 signatures.


In France, where the capital punishment was abolished 40 years ago, Van Tassel’s film has received widespread coverage on national TV, radio, magazines and web programs.


After learning that Lucio had been given an execution date, Van Tassel penned an open letter to France president Emmanuel Macron to seek his help in exonerating Lucio.


“As we commemorate the 40th anniversary of the abolition of the death penalty in France, in Texas Melissa Lucio’s fate is in our hands.


In 2019, the fifth circuit court of appeals in Texas had reversed her case on the premises that she didn’t receive a fair trial. She was due to have a retrial or be released. But the State of Texas immediately appealed that decision and an extremely divided court of appeals (7 to 10) put her back on death row. Our last hopes laid in the US Supreme Court but they denied to hear the case.


During the commemoration, you called for a worldwide abolition of the death penalty, adding that it was for you and for us all, a combat for all mankind, to lead, as Europeans, in 2022 now that France has the presidency of the European Union. A fight to make sure that all those who do not have a voice, the disinherited, do not end up executed by lethal injection.


There are over 2,500 death row offenders in the U.S. Many, like Melissa, have exhausted all of their appeals, and can wait years to have an execution date. Due to the numerous conflicts of interest in this case, including the fact that the District Attorney is serving a 13-year sentence for bribery and extortion, we were hoping that the Cameron County District Attorney’s office would take their time. But the opposite happened. Their goal is to kill Melissa as soon as possible. To suppress it. To make it disappear.”


“The State of Texas vs Melissa” was produced by Vito Films and co-produced by Tahli Films, in association with Andaman Films.

The entire story can be read at: 

Posted by at

Sunday, January 30, 2022

Kevin Dugar: Illinois. Part One: October 2018: An identical twin's confession that he committed the murder - not his twin brother - is rejected by the court. The story, by Daily Mail Reporter Kayla Brantley, ran under the heading, "Convicted murderer whose identical twin brother confessed to the 2003 killing 11 years later is DENIED a retrial."..."Dugar's attorney, Karen Daniel, said that her client deserved a new trial because of his brother's on-the-record admission, according to the Chicago Tribune. 'If we had a retrial, we'd have a huge piece of evidence in favor of Karl having committed the crime: a confession that frankly could be used to convict him if the state was so inclined,' she said."


PUBLISHER'S NOTE: It's a fascinating story for a blog that usually focusses on false confessions - this is about a consequential true confession that was not believed.  I will be following developments closely.

Harold Levy: Publisher: The Charles Smith Blog.'

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PART ONE: (The past):  "An identical twin's confession that he committed the murder  - not his brother - is rejected by the court.  (The story, by Daily Mail Reporter Kayla Brantley, ran under the heading,  "Convicted murderer whose identical twin brother confessed to the 2003 killing 11 years later is DENIED a retrial."..."Dugar's attorney, Karen Daniel, said that her client deserved a new trial because of his brother's on-the-record admission, according to the Chicago Tribune.  'If we had a retrial, we'd have a huge piece of evidence in favor of Karl having committed the crime: a confession that frankly could be used to convict him if the state was so inclined,' she said." 

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STORY:  "Convicted murderer whose identical twin brother confessed to the 2003 killing 11 years later is DENIED a retrial," by Reporter Kayla Brantley, published by The Daily Mail on October 24, 2018.

PHOTO CAPTION: "Karl Smith, 40, (left) confessed to killing a rival gang member 11 years after his identical twin brother Kevin Dugar (right) had been found guilty of the crime. A retrial was denied Tuesday."

  • SUMMARY: "Karl Smith, 40, confessed to murdering rival gang member in March 2003
  • His twin Kevin Dugar was convicted in 2005 and sentenced to 54 years
  • Smith said he 'didn't have the strength to come forward' at first, but wanted to do the right thing after finding God in prison
  • Smith is currently serving a 99-year sentence for attempted murder, home invasion and aggravated battery on a child after a 2008 robbery
  • Smith lost an appeal on his attempted murder conviction, and prosecutors doubted his confession, saying he had 'nothing to lose'
  • Judge Vincent Gaughan denied Dugar a new trial Tuesday in Chicago.

GIST: "A convicted murderer whose identical twin brother confessed to the killing 11 years later has been denied a retrial. 

A judge denied Kevin Dugar, 40, a retrial Tuesday after Dugar was found guilty of gunning down a rival gang in Chicago in 2003. 

But his identical brother Karl Smith took to the stand at the Circuit Court of Cook County in 2016, admitting he 'didn't have the strength to come forward' when his brother was first accused of first-degree murder.

'We was acting as one. Where I was, he was, acting like each other. He pretended to be me, and I pretended to be him,' Smith said at the time. 

A judge Tuesday found the twin's testimony to be 'completely uncredible'. 

+3

Dugar was arrested in 2003 and convicted two years later even though his lawyer said the evidence against him was 'razor-thin'.

In 2005, Dugar was sentenced to 54 years in prison for shooting at a group of rival gang members and killing one person. 

His twin is serving a 99-year prison sentence for a 2008 home invasion and armed robbery that left a six-year-old boy shot in the head.

During the 2016 trial, his brother told the court: 'I'm here to confess to a crime I committed that he was wrongly accused of.'

Judge Vincent Gaughan said Tuesday that Smith had nothing else to lose from coming forward for his brother.  

'I find (Smith's) testimony completely uncredible. No weight whatsoever should be given to his testimony,' Gaughan said. 

Dugar's attorney, Karen Daniel, said that her client deserved a new trial because of his brother's on-the-record admission, according to the Chicago Tribune.

'If we had a retrial, we'd have a huge piece of evidence in favor of Karl having committed the crime: a confession that frankly could be used to convict him if the state was so inclined,' she said.  

However, the judge sided with prosecutors who pointed out the the twins would often impersonate each other.

Gaughan said it shows 'a pattern of misdirection and deceit.'

One eyewitnesses recanted her testimony, and the other picked out Dugar from a line-up that didn't include Smith, according to his petition for a post-conviction hearing 

Their mother cried in the stands as Smith told the court he was hosting a party in March 2003, when he left to buy marijuana.

Smith said he ran into members from the rival gang Black P Stone and opened fire with two guns.

But prosecutors doubted the truth of his confession, since it came after he lost an appeal for an unrelated attempted murder conviction from a 2008 robbery.

Assistant State Attorney Carol Rogala also said Smith had 'nothing to lose' by taking the hit for his brother.

Their mother Judy Dugar defended her son's actions, saying Smith wouldn't lie about the confession.  

Despite their close bond, Smith said he never told anyone about the killing, and denied his twin's questions if he had been the gunman. 

In 2013, Smith said he wanted to make up for his wrongs after finding God, and wrote his brother to say: 'I have to get it off my chest before it kills me.' 

Smith reached out to his brother's lawyers and confessed to the murder through a sworn statement by 2014. 

The entire story can be read at:

https://www.dailymail.co.uk/news/article-6309635/Convicted-murderer-identical-twin-brother-confessed-2003-killing-DENIED-retrial.html

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PART TWO: (The present): Major Development: New trial ordered; He has been freed on bond.

STORY: "Kevin Dugar, was 44, was released from the Cook County jail on Tuedsay night, and breathed his first breaths as a free man in almost 20 years, his lawyer, Ronald Safer, said," by Reporter Chantal Da Silva, published by NBC5 Chicago, on January 29, 2022.

GIST: "A Chicago man who spent nearly two decades behind bars for murder over a deadly 2003 shooting has been released years after his identical twin confessed to the crime.

An emotional Kevin Dugar broke down into tears as he was released from the Cook County jail on Tuesday night and reunited with his loved ones as a free man, his lawyer Ronald Safer told NBC News on Friday.


"The judge granted his release pending trial on a signature bond and he walked out into the open air and breathed his first breaths as a free man in almost 20 years," Safer said. "It was gratifying to watch his tears roll down his cheeks and their cheeks before (their tears) froze on their faces because it was about 7 below."


Dugar had spent nearly 20 years in jail after he was convicted in the deadly 2003 shooting of a rival gang member. 


A gunman had opened fire on three people in Chicago's Uptown neighborhood in the March 2003 incident, killing Antwan Carter and wounding Ronnie Bolden, according to NBC Chicago.


Dugar was convicted in 2005 and sentenced to 54 years in prison. For years, he maintained his innocence.


Still, his fate appeared to be sealed until what Safer described as a "stranger than fiction" plot twist that saw Dugar's twin brother, Karl Smith, admit to having carried out the murder in a confession that was first made in a letter to Dugar in 2013, nearly a decade after he was convicted.


Initially, the admission had little impact on Dugar’s case, with a judge ruling in 2018 that Smith’s confession was not credible and declining to offer his twin a new trial, according to The Chicago Tribune.


Smith had been denied an appeal himself as he was serving out a 99-year sentence for a home invasion that saw a child shot in the head. Prosecutors questioned the motives behind his confession, telling the judge that he only came forward after a court upheld his own conviction for attempted murder, the Chicago Tribune had reported at the time.


A lawyer with the Northwestern Pritzker School of Law’s Center on Wrongful Convictions took Dugar's case back to court, however. And now, after Tuesday's ruling, he will have a second chance to prove his innocence.

Safer said he hoped the case, which he described as a "made-for-TV" tale, would not have to go to court again.


"We are hopeful that the (Cook County) state’s attorney will drop the case against Kevin and then do what they will, but drop the case against Kevin because he’s innocent," he said. "It’s clear that he’s innocent, but if they persist we will go to trial and we will vindicate him at trial."


 The Cook County state’s attorney’s office did not immediately respond to a request for comment.


In the meantime, Safer said Dugar was spending his time as a free man with his loved ones as he grapples with the reality of the time lost.


"You know, you would think it’s just unmitigated joy, but the adjustment, the wounds that are inflicted by wrongful incarceration, are deep and enduring and there is an adjustment period that lasts a lifetime but particularly in the early days are very very challenging," Safer said.

"So, (he is) relishing his freedom, but it is a difficult adjustment," he said."


The entire story can be read at:


https://www.nbcnews.com/news/us-news/chicago-man-released-prison-20-years-later-twin-brother-confesses-murd-rcna13924


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;


SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:



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;
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Disgraced South Australia former Chief Pathologist Colin Manock: Power of the written word: A copy his review of the recently published book by Drew Rooke (Scribe) 'A witness of fact' - Dr. Colin Manock,' has been sent to South Australia's Premier and Attorney General by noted author and law reformer Dr. Bob Moles of the 'Networked Knowledge' website - which is devoted to combatting and rectifying miscarriages of justice..."In his book Mr Rooke refers to a radio interview in which the Attorney-General stated that Manock’s work was ‘completely unreliable, in fact manifestly so, for the purposes of making it simply unsustainable to have a conviction be maintained’. Yet, despite this obviously sensible admission by the Attorney-General, there are proceedings on foot which are to be determined by Australia’s apex court (the High Court of Australia) in which it appears that an attempt will be made to ‘maintain’ a conviction by the state - without disclosing to the court the obvious deficiencies which have been referred to. If the securing of a conviction on the basis of false and fraudulent evidence is an ‘unspeakable outrage’ or ‘criminal misconduct’ or ‘official corruption’ then it must follow that any attempt to ‘maintain’ such a conviction must be similarly described. It is clear that any lawyer would know that their most important duty is ‘not to mislead the court’. They would also know that misleading can occur by act or omission. In addition, any prosecutor would know that if there is any evidence which would undermine the case being put by the Crown, then the ‘duty of disclosure’ requires them to ensure that ‘the court’ is informed of that evidence. They would also be fully aware of their obligations as a ‘model litigant’ which includes the requirement not to put parties to unnecessary proofs. In summary, it would appear to be unthinkable that any state (or prosecutors acting on behalf of the state) would go to any court (let alone the ‘supreme court’ of that state or country) and attempt to uphold a conviction without disclosing to that court what is widely known by the public and by people interstate and overseas – that the chief Crown witness was not qualified to do the work or to give evidence about it in court."


PUBISHER'S NOTE: The Colin Manock debacle has been referred to as, "the shocking scandal nobody wants to touch." As noted by Bill Rollings, CEO of  'Civil Liberties Australia.' Manock who was unqualified and untrained for the position of South Australia's chief pathologist - and was also incompetent - retired in 1995, after about 30 years as the state's top forensic "expert." Rollings makes the telling point that "no government - including the current Liberal  or previous Labour, has been prepared to face up to  the "shocking scandal." That may well change with the  recent publication of "A Witness of fact - Dr. Colin Manock' by author Drew Rooke which reveals the extraordinary harm caused by Manock over three decades. I am not aware of any pathologist anywhere in the world who has been permitted by a government to cause such untold harm to individuals and to the state's criminal justice system over such a lengthy period of time.  (Please let me know at hlevy15@gmail.com if you are.)  Thanks to this book, and the efforts of advocates such as impassioned law reformer and criminal justice advocate  Dr. Robert Moles to draw attention to it,  no amount of 'spin', political rhetoric, or 'looking the other way' can hide the South Australian governments' abdication of the public trust vis a vis Manock, for so many years, up to the present,  by covering up Manock's lack of qualifications lack of training, and incompetence  in the face of documented  knowledge to its existence. Thus, the subject of the post is the letter that Dr. Moles has written to South Australia's Prime Minister and Acting Attorney General   bringing 'A Witness of Fact'  to their attention in no uncertain terms. Incidentally,  you will note that Dr. Mole's letter is 'copied' to  Frank Pangallo, Chair of the  South Australian Parliament's 'Crime and  public Integrity Policy Committee. It was Frank Pangallo  who coined the words, 'the shocking scandal that nobody wants to touch." Moreover, I suspect that Rooke's book will be of interest to South Australia's judges. Manock pulled the wool over their eyes, with the government's help. Injustices resulted in their courts. Their justice system risked falling into disrepute. They acceded to the prosecutors who beseeched them to qualify Manock an an "expert' witness in their courts. The various levels of the judiciary should publicly acknowledge their failures of acting as the gatekeepers in their courtrooms - who determined when  a potential witness was an 'expert' who called be allowed to give evidence for the prosecution. Lastly, Rooke's book, which is bound to get attention far beyond South Australia's borders, will serve as a weapon in the on-going battle to remedy the damage caused by Manock  to innocent individuals such as Derek Bromley and their families, by fighting to bring their  cases back before the courts,  to secure their freedom and exoneration. 

https://www.cla.asn.au/News/shocking-scandal-nobody-wants-to-touch-mp/-

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PASSAGE OF THE DAY: "The only way to avoid a further undermining of the rule of law in South Australia is to ensure that the Crown makes full disclosure of all relevant issues concerning Dr Manock in any future legal proceedings. I am confident that in the particular matter which is proceeding to the High Court (the case of Mr Bromley), the outcome will result in an overturning of the conviction. If that occurs, it will result in very substantial national and international interest in this case, involving as it does: the length of time incarcerated (over 38 years); the fact that the applicant is an aboriginal man (other non-aboriginal people convicted of similar offences have received sentences of less than 10 years); the fact that the state put forward an ‘expert witness’ who provided false and misleading evidence whilst he was known to be unqualified and his evidence to be inadmissible. There are other facts disclosed in Mr Rooke’s book which make reference to the abhorrent treatment of aboriginal people by this pathologist."

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PASSAGE TWO OF THE DAY: "It is now clear that the time for denial, delay and obfuscation is past. The High Court is on track to issue a determination during the course of this year or early next year. This means that prior to the next state election, there will be a very great scandal about this issue one way or another. The only safe place for any of us to be is on the side of an investigation to find the true facts concerning what has occurred - and taking all necessary steps to mitigate and remediate the loss, damage and hurt which has been incurred. For those who might seek to find comfort in remaining silent and busying themselves with other important tasks, one might suggest that the lesson of history is a cruel master. There have of course been many times when senior officials have stood-by silently whilst allowing the lives of innocent people to be ruined – but eventually the truth will out. The retrospective view will judge all of us by the good that we did, when balanced by the evil that we permitted. Allowing a person to dissect the bodies of thousands of men, women and children when it was known that he did not have the knowledge to ascertain the truth about their cause of death is a very great evil. To permit such a person to help convict innocent people of serious crimes whilst allowing perpetrators of those crimes to walk free is also a very great evil. Covering up such crimes or allowing judgment concerning them to be delayed for substantial periods of time is also an evil and not consistent with our belief in the rule of law."

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PASSAGE THREE OF THE DAY: "It will come as no surprise to people in the community that the AG is the senior law officer of the state, and presumably, in that capacity will find that most of the issues which the AG has to address will involve legal proceedings of one sort or another. In this case, the suggestion is that the ‘legal proceedings’ concern around 400 wrongful convictions and at least 10,000 potentially unlawful autopsies. It also involves the forensic services, the office of public prosecutions, the judiciary (for all of whom the AG is ultimately responsible) and a wide range of other lawyers and officials who knew or ought to have known about Manock’s failings and failed to disclose them in legal proceedings spanning more than 53 years."

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PASSAGE FOUR OF THE DAY: "I call upon the Premier and the Attorney-General to take appropriate action to ensure that full disclosure is made to the court in any legal proceedings involving the work of the former chief forensic pathologist Dr Colin Manock. I also call upon the Premier and the Attorney-General to set up a formal inquiry into the circumstances concerning the appointment of Dr Colin Manock, and the circumstances."

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LETTER: From author, law reformer and battler for the wrongly convicted  Dr. Bob Moles to  South Australia Premier  Steven Marshall,  and to Acting Attorney-General Josh Teague, the cabinet minister responsible for law and justice - 're Manock and duty of disclosure.'

GIST: "Dear Premier and Attorney-General / Acting Attorney-General: Publication of book: A Witness of Fact - Dr Colin Manock

I enclose my review of this book which is being published by Drew Rooke. It concerns the disgraceful career of former chief forensic pathologist Dr Colin Manock. Some of the significant details are referred to in the review and in the previous correspondence with the Attorney-General which are available at the Networked Knowledge Manock Homepage.

In that correspondence I referred to judgments of the courts which have stated that the securing of a wrongful conviction by evidence which is known to be false and misleading constitutes ‘an unspeakable outrage’, ‘criminal misconduct of the worst possible kind’ and ‘corruption at the extreme end of official corruption’.

Of course, those cases only envisaged a single case in which such things had occurred. It is clear that they never contemplated the possibility that a single state official (a pathologist) could help to secure over 400 wrongful convictions by giving perjured evidence to the court about his status, his qualifications and the evidence which he gave in those cases. It is clear from Mr Rooke’s book that all of this has been done here. It can be inferred from the fact that the head of the Forensic Science Centre gave sworn evidence to the court in the mid-1970s that this so-called ‘expert’ was not in fact qualified to do autopsies or to give expert evidence about them in court. It can also be inferred from other numerous judgments of the courts and the coroner where the judicial findings stated that the witness had given false or misleading evidence or otherwise stated things which were untrue.

I cannot imagine what language those judges would have used if they had to describe such misconduct, or the fact that the same pathologist had actually undertaken over 10,000 autopsies, whilst it was on the court record that he was not qualified to do autopsies at all.

There are a significant number of eminent pathologists and lawyers referred to in Mr Rooke’s book who have reported that it never occurred to them that such a senior state official could conduct such important work, whilst the state knew (but failed to disclose) that he was not qualified to do that work. They had all believed that the state officials would honour their duty of disclosure to the court.

It is also difficult to understand why the various state officials have done nothing to investigate or remedy these unprecedented deficiencies since we first disclosed them over twenty years ago.

In his book Mr Rooke refers to a radio interview in which the Attorney-General stated that Manock’s work was ‘completely unreliable, in fact manifestly so, for the purposes of making it simply unsustainable to have a conviction be maintained’. Yet, despite this obviously sensible admission by the Attorney-General, there are proceedings on foot which are to be determined by Australia’s apex court (the High Court of Australia) in which it appears that an attempt will be made to ‘maintain’ a conviction by the state - without disclosing to the court the obvious deficiencies which have been referred to.

If the securing of a conviction on the basis of false and fraudulent evidence is an ‘unspeakable outrage’ or ‘criminal misconduct’ or ‘official corruption’ then it must follow that any attempt to ‘maintain’ such a conviction must be similarly described.

It is clear that any lawyer would know that their most important duty is ‘not to mislead the court’. They would also know that misleading can occur by act or omission. In addition, any prosecutor would know that if there is any evidence which would undermine the case being put by the Crown, then the ‘duty of disclosure’ requires them to ensure that ‘the court’ is informed of that evidence. They would also be fully aware of their obligations as a ‘model litigant’ which includes the requirement not to put parties to unnecessary proofs.

In summary, it would appear to be unthinkable that any state (or prosecutors acting on behalf of the state) would go to any court (let alone the ‘supreme court’ of that state or country) and attempt to uphold a conviction without disclosing to that court what is widely known by the public and by people interstate and overseas – that the chief Crown witness was not qualified to do the work or to give evidence about it in court.

Thanks to the information contained in Mr Rooke’s book, the public in Australia and in other countries will now be more fully informed about the background to these tragic issues which have occurred in South Australia.

The only way to avoid a further undermining of the rule of law in South Australia is to ensure that the Crown makes full disclosure of all relevant issues concerning Dr Manock in any future legal proceedings.

I am confident that in the particular matter which is proceeding to the High Court (the case of Mr Bromley), the outcome will result in an overturning of the conviction. If that occurs, it will result in very substantial national and international interest in this case, involving as it does:

the length of time incarcerated (over 38 years)
the fact that the applicant is an aboriginal man (other non-aboriginal people convicted of similar offences have received sentences of less than 10 years)
the fact that the state put forward an ‘expert witness’ who provided false and misleading evidence whilst he was known to be unqualified and his evidence to be inadmissible.

There are other facts disclosed in Mr Rooke’s book which make reference to the abhorrent treatment of aboriginal people by this pathologist. Much of that will resonate with our colleagues in Australia and other countries as we begin to come to terms with similar issues raised by the “Black Lives Matter” movement.

Of course, if the High Court were to affirm the conviction in this case, after the state had withheld material such as the information in Mr Rooke’s book, then that would also give rise to a scandal of national and international interest.

It is now clear that the time for denial, delay and obfuscation is past. The High Court is on track to issue a determination during the course of this year or early next year. This means that prior to the next state election, there will be a very great scandal about this issue one way or another. The only safe place for any of us to be is on the side of an investigation to find the true facts concerning what has occurred - and taking all necessary steps to mitigate and remediate the loss, damage and hurt which has been incurred.

For those who might seek to find comfort in remaining silent and busying themselves with other important tasks, one might suggest that the lesson of history is a cruel master. There have of course been many times when senior officials have stood-by silently whilst allowing the lives of innocent people to be ruined – but eventually the truth will out. The retrospective view will judge all of us by the good that we did, when balanced by the evil that we permitted.

Allowing a person to dissect the bodies of thousands of men, women and children when it was known that he did not have the knowledge to ascertain the truth about their cause of death is a very great evil. To permit such a person to help convict innocent people of serious crimes whilst allowing perpetrators of those crimes to walk free is also a very great evil. Covering up such crimes or allowing judgment concerning them to be delayed for substantial periods of time is also an evil and not consistent with our belief in the rule of law.

I call upon the Premier and the Attorney-General to take appropriate action to ensure that full disclosure is made to the court in any legal proceedings involving the work of the former chief forensic pathologist Dr Colin Manock.

I also call upon the Premier and the Attorney-General to set up a formal inquiry into the circumstances concerning the appointment of Dr Colin Manock, and the circumstances under which he was allowed to conduct 10,000 unlawful autopsies and to help secure over 400 wrongful criminal convictions." Yours Sincerely. Dr. Robert Moles: Networked Knowledge;

The entire letter can be read at:

http://netk.net.au/Manock/Manock35.pdf

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;


SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


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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Keith Carnes: Missouri; Confidential informant issues and much more; (Case cries out innocence. HL); Bulletin: State Supreme Court denies motion to release Keith Carnes from prison...Carnes is serving a life sentence for the 2003 murder of Larry White. In a newly released report, a Phelps County judge found that Carnes' constitutional rights were violated at trial. The Missouri special master found that a police report that could have helped Carnes' case "was not disclosed by KCPD."


BULLETIN: "Missouri Supreme Court denies motion to release Keith Carnes from prison," published by KMBC News 8 ABC,  on January 28, 2022.

GIST: "The Missouri Supreme Court on Friday declined a motion for Keith Carnes' immediate conditional release from prison.


The high court did decide to expedite the legal proceedings in his case.


Carnes is serving a life sentence for the 2003 murder of Larry White.


In a newly released report, a Phelps County judge found that Carnes' constitutional rights were violated at trial.


The Missouri special master found that a police report that could have helped Carnes' case "was not disclosed by KCPD.


The Missouri attorney general's office has until Feb. 4 to file any arguments to the special master's report."


The entire story can be read at:


https://www.kmbc.com/article/missouri-supreme-court-denies-motion-keith-carnes-for-release/38928981

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;


SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


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;
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