Monday, January 24, 2022

Keith Carnes; Missouri; Defence lawyers have filed for his immediate release following release of a judge's report, 41KCHB (Reporter Cameron Taylor) reports...“The bottom line is that the judge concluded that all of the witnesses that Keith Carnes’ attorneys called were credible and they stated without any hesitation that they were wrong when they identified him as the killer,” Chris Iliff with Miracle of Innocence previously told the KSHB 41 I-Team. Miracle of Innocence is representing Carnes and said the judge pointed out that the prosecution and the defense did not receive a report from a confidential informant. “This was potentially important, exculpatory evidence that could’ve been turned over to the defense weeks before the trial, and the failure to turn it over is a violation of constitutional rights of the defendant therefore he’s entitled to a new trial,” Iliff said."


PUBLISHER’S NOTE: What do police informants have to do with forensic science? (I'm glad you asked). Investigative Colloff give us  a clue when she writes - at the link below -  "I’ve wanted to write about jailhouse informants for a long time because they often appear in troubled cases in which the other evidence is weak." That's my experience as  will as a criminal lawyer and an observer of criminal justice. Given the reality that jurors - thanks to the CSI effect - are becoming more and more insistent on the need for there to be forensic evidence, it is becoming more and more common for police to rely on shady tactics such as use of police snitches, staging lineups, coercing, inducing, or creating false confessions out of thin air, procuring false eyewitness testimony or concealing exculpatory evidence. 
Harold Levy:

Publisher: The Charles Smith Blog.

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Links to 11-page judge's report: 41 KSHB story: "Special master says key evidence withheld in Keith Carnes case."


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STORY: "Attorneys file for Keith Carnes' immediate release," Attorneys for Keith Carnes request immediate release following judge's report," by Reporter Cameron Taylor, published by 41 KCHB, on January 21, 2022.


GIST: KANSAS CITY, Mo. — Attorneys for Keith Carnes are requesting his immediate release following a report released earlier this week by a Missouri judge.


They filed a motion for his release in the Missouri Supreme Court on Friday.


READ FRIDAY'S MOTION


Judge William Hickle, the special master appointed in the case, was tasked to review evidence in the 2003 murder case against Keith Carnes.


The 111-page report to the Missouri Supreme Court narrowly focused on the factual findings of the case.


“The bottom line is that the judge concluded that all of the witnesses that Keith Carnes’ attorneys called were credible and they stated without any hesitation that they were wrong when they identified him as the killer,” Chris Iliff with Miracle of Innocence previously told the KSHB 41 I-Team.


Miracle of Innocence is representing Carnes and said the judge pointed out that the prosecution and the defense did not receive a report from a confidential informant.


“This was potentially important, exculpatory evidence that could’ve been turned over to the defense weeks before the trial, and the failure to turn it over is a violation of constitutional rights of the defendant therefore he’s entitled to a new trial,” Iliff said.


Carnes has been serving life in prison without parole at South Correctional Center for the 2003 murder of Larry White. White was found in the parking lot of what was then a fish town fast food restaurant.


Carnes has insisted he did not do it.


Missouri Attorney General Eric Schmitt’s office has been defending the state in the case.


After the special master’s report was submitted to the Missouri Supreme Court, the clerk of the state supreme court responded.


The response stated both parties have until February 14 to file any exceptions to the report. The special master would have until March 16 to rule on those exceptions.


If a revised report is filed, the response from the clerk of the Missouri Supreme Court states "the matter shall be docketed for briefing and argument as per order by this Court."


READ: SUPREME COURT CLERK DOCUMENT


Carnes’ attorneys are now waiting for the state supreme court to respond to their motion for his release."


The entire story can be read at:


https://www.kshb.com/news/local-news/investigations/attorneys-for-keith-carnes-request-immediate-release-following-judges-report

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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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;