Sunday, June 12, 2022

Alan Hall: New Zealand: Deliberate alteration of eye witness identification: (See update below): Major (Welcome) Development: NZ Lawyer (Reporter Georgia Neaverson) reports that his 1986 murder conviction is set to be overturned after 36 years following the admission of Crown prosecutors that a key witness statement in the case was deliberately altered...."According to Stuff, eyewitnesses had described the attacker as a “powerfully built, right-handed Māori man." Turner’s written statement, which was among the most critical in the case, indicated that the man he witnessed near Easton’s house at the time of the crime was dark-skinned. By contrast, Hall has a slight build, is left-handed and is Pākehā. Prosecutors did not call Turner to give his evidence at the 1986 trial on the case, and when his testimony was read in court, all mentions of Easton’s attacker being Māori had been removed from his statement. Turner was not advised or consulted on the alteration; moreover, the judge, jury and defence counsel were unaware of this aspect of Turner’s testimony. The Crown’s submission accepted that “a misleading version of Mr Turner’s statement was read to the jury, and that this was to the prosecution’s advantage and to the detriment of [Hall’s] defence.” The Crown described the manipulation of the evidence as “incontrovertible” and “unassailable”, and stated that the act “cast a long shadow” over the case."


UPDATE: Alan Hall has been formally acquitted since this post was published on May 24 - opening the door to compensation and the nefarious actions of police and prosecutors that kept him wrongfully behind bars as a murderer for 19 years. H;


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PUBLISHER'S NOTE: This Blog is interested in  false eye-witness identification issues because  wrongful identifications are at the heart of so many DNA-related exonerations in the USA and elsewhere - and because so much scientific research is being conducted with a goal to making the identification process more   transparent and reliable- and less subject to deliberate manipulation.  I have also reported far too many cases over the years - mainly cases lacking DNA evidence (or other forensic evidence pointing to the suspect - where the identification is erroneous - in spite of witness’s certainty that it is true - or where  the police pressure the witness, or rig the identification process in order to make a desired  identification inevitable. 
Harold Levy: Publisher: The Charles Smith Blog.
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PASSAGE OF THE DAY: "Following another hearing scheduled for 8 June, Hall, who is now 60, is expected to be formally acquitted. Diagnosed with autism spectrum disorder, he spent nearly 19 years in prison after his conviction. Nonetheless, he continually maintained his innocence and repeatedly appealed his case. In a statement published by Stuff, he said that “this will be over when the police and officers who did this get punished, get arrested, go to court, and news media report on this and the public will hear about it.” “What [the Crown] are talking about has been known for 30 years. All the information that could have quashed Alan’s conviction was sitting in the Crown files and police files, and no one would look at it in this way,” Hall’s brother Geoff said in a statement published by Stuff."


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STORY: "Alan Hall murder set to be overturned after 36 years," by Reporter Georgia Neaverson, published by NZ Lawyer, on May 24, 2022. (Georgia Neaverson is a writer for Australasian Lawyer, with expertise in reporting on employment law and legal ethics.)


SUB-HEADING: "The Crown admitted that a key document in the case was altered."


GIST: "The 1986 murder conviction of Alan Hall is set to be overturned after 36 years following the admission of Crown prosecutors that a key witness statement in the case was deliberately altered.


In an 8 April submission for Hall’s latest appeal, Crown Law confessed to “a substantial miscarriage of justice” when it confirmed that information favourable to Hall’s case was intentionally removed from the statement of eyewitness Ronald Turner, Stuff NZ reported.


Hall, who was released on parole in March, was initially convicted in the fatal stabbing of 52-year-old Arthur Easton at the latter’s Papakura home in October 1985. 


Hall, who was 23 years old at the time, became the prime suspect in the case after admitting to owning a bayonet and woollen hat matching those found at the crime scene. 


His family, however, maintained the items were stolen from Hall prior to Easton’s murder.


According to Stuff, eyewitnesses had described the attacker as a “powerfully built, right-handed Māori man”. 


Turner’s written statement, which was among the most critical in the case, indicated that the man he witnessed near Easton’s house at the time of the crime was dark-skinned. 


By contrast, Hall has a slight build, is left-handed and is Pākehā.


Prosecutors did not call Turner to give his evidence at the 1986 trial on the case, and when his testimony was read in court, all mentions of Easton’s attacker being Māori had been removed from his statement.


Turner was not advised or consulted on the alteration; moreover, the judge, jury and defence counsel were unaware of this aspect of Turner’s testimony.


The Crown’s submission accepted that “a misleading version of Mr Turner’s statement was read to the jury, and that this was to the prosecution’s advantage and to the detriment of [Hall’s] defence.” The Crown described the manipulation of the evidence as “incontrovertible” and “unassailable”, and stated that the act “cast a long shadow” over the case.


Crown Law said that it would not seek for Hall to undergo retrial.


“The Crown is unable to resist the dual propositions that justice miscarried in this case, and Mr Hall’s conviction should be quashed,” Crown Law told the Supreme Court.


Following another hearing scheduled for 8 June, Hall, who is now 60, is expected to be formally acquitted. Diagnosed with autism spectrum disorder, he spent nearly 19 years in prison after his conviction.


Nonetheless, he continually maintained his innocence and repeatedly appealed his case. In a statement published by Stuff, he said that “this will be over when the police and officers who did this get punished, get arrested, go to court, and news media report on this and the public will hear about it.”


“What [the Crown] are talking about has been known for 30 years. All the information that could have quashed Alan’s conviction was sitting in the Crown files and police files, and no one would look at it in this way,” Hall’s brother Geoff said in a statement published by Stuff.


Easton’s oldest son and family spokesperson Chris Easton confirmed that the victim’s family was informed of the new developments in the case.


“The Crown’s position has changed significantly as more information has come to light over the past 36 years. It would appear the submissions also indicate evolution of the justice system and investigative standards over the time. 


As the victims of this crime, the family has placed its trust in the New Zealand justice system, and trusts that it will reinvestigate to ensure justice for all parties involved,” Chris Easton said in a statement published by Stuff.


A full review of the murder investigation has been initiated by police, which may involve “further forensic testing where appropriate,” Detective Superintendent Dave Lynch said in a statement published by Stuff. However, the police have not commented on whether the case will be reopened."


The entire story can be read at:


https://www.thelawyermag.com/nz/news/general/alan-hall-murder-conviction-set-to-be-overturned-after-36-years/407082


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;