Friday, April 22, 2022

Oscar Smith: Death Row; Tennessee: Bulletin: Protesting his innocence for 30 years, he was issued a temporary reprieve of execution Thursday, one hour before it was to proceed, because of an "oversight in preparation for lethal injection," the Tennessean (Reporters Mariah Timms, Natalie Neysa Alund and Kirsten Fiscus) reports, at the link below. (Another sign of a brutal, inhumane process, which cannot be abolished soon enough wherever it exists. At least Oscar Smith continues to have a chance to prove his innocence. (Not post-humously); I will be following developments closely. HL);


https://www.tennessean.com/story/news/crime/2022/04/21/tennessee-execution-oscar-franklin-smith-delayed-because-issue-lethal-injection/7403715001/

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FROM MY PREVIOUS POST: Monday April 18, 2022:

Oscar Smith: Death Row Tennessee; Major Development: (Facing execution on April 21): His motion to reopen the case, based on the discovery of unknown DNA on a murder weapon, has been denied by the Tennessee Court of Criminal Appeals, The Nashville Tennessean (Reporter Kirsten Fiscus) reports..."He was convicted of the 1989 murders of his estranged wife, Judith Robirds Smith, and her two teenaged sons, 16-year-old Chad Burnett and 13-year-old Jason Burnett. Robirds Smith was shot in the neck then stabbed several times. Her eldest son was shot in the left eye and then in the upper chest and left torso. His younger brother was stabbed in the neck and abdomen. Police only found one of three murder weapons — an awl. Harwell appealed to the Davidson County Criminal Court seeking to reopen the case after the Serological Research Institute, a private forensics lab in California, found unknown DNA on the handle the awl. "After 32 years of adamantly asserting his innocence, Oscar Smith finally has proof that someone else murdered his family," Harwell wrote in a new release. "This new DNA evidence can and should be matched to the actual killer — who also left their fingerprints on the murder weapon — so that Mr. Smith may finally be exonerated.” All three victims and Smith were excluded as contributors to this unknown DNA, Harwell wrote in her motion to the state Supreme Court. When the Davidson County court denied the motion Monday, Harwell filed to the appeals court."



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WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?" 
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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;



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;