Friday, May 13, 2022

Bart McNeil: Illinois: (Innocence Petition): Bulletin: His lawyers asked a judge yesterday to approve a full evidentiary hearing on his innocence claim in the death of his 3-year-old daughter. The judge has taken the case under advisement for 60 days..."McNeil was convicted in 1999 of suffocating Christina McNeil during her overnight stay at his Bloomington apartment. In his statements to police shortly after the child’s death, McNeil pointed to his former girlfriend Misook Nowlin as a possible suspect. Police arrested McNeil, theorizing that he may have sexually abused the girl before her death. He is serving a life sentence"...."In their petition seeking a new trial, McNeil’s lawyers contend they a have medical expert who has serious doubts about the state’s theory of how and when the girl died. Lawyers with the Illinois Innocence Project and The Exoneration Project became involved in McNeil’s case after Nowlin was found guilty of killing her mother-in-law Linda Tyda in 2011. She is serving 55 years on murder charges. The state has conceded that McNeil is entitled to a hearing on new evidence related to an alleged confession by Nowlin to her ex-husband Don Wang. “I don’t think there’s any way around advancing the petition on those two claims,” said (Prosecutor) Koll. Scientific evidence that Nowlin’s DNA was found in Christina’s bed is linked to the romantic involvement McNeil had with Misook and “confirms the two had an intimate relationship.” Koll opened her remarks by acknowledging, “this is the most serious type of hearing imaginable for Mr. McNeil.”


PASSAGE OF THE DAY: "Leonard renewed the defense position that all the new evidence in the case must be heard and not separated piecemeal for an evidentiary hearing. The defense lawyer called the state’s claim that Nowlin’s DNA would likely be on the bed “wholly false.” McNeil told police he had had the sheets laundered before his daughter’s arrival and that he and Nowlin had last had sex a week earlier had her apartment."

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STORY:  "Lawyers argue merits of Bart McNeil's innocence petition," by  crime and legal issues Reporter Edith Brady-Lunny, published by WGLT.org on May 12, 2022.

GIST: "Lawyers for Bart McNeil asked a judge on Thursday to approve a full evidentiary hearing on McNeil’s innocence claim in the death of his 3-year-old daughter.

McNeil was convicted in 1999 of suffocating Christina McNeil during her overnight stay at his Bloomington apartment. In his statements to police shortly after the child’s death, McNeil pointed to his former girlfriend Misook Nowlin as a possible suspect. Police arrested McNeil, theorizing that he may have sexually abused the girl before her death. He is serving a life sentence. His story was the subject of WGLT's 2018 podcast series Suspect Convictions.

After hearing arguments from McNeil’s legal team and prosecutor Mary Koll, Judge William Yoder took the case under advisement, promising a ruling within 60 days.

A large group of McNeil supporters filled the courtroom to hear arguments by defense lawyer Karl Leonard with the Exoneration Project. The defendant waved to the audience and thanked them for coming before he was returned to prison in Pinckneyville.

Leonard renewed the defense position that all the new evidence in the case must be heard and not separated piecemeal for an evidentiary hearing.

The defense lawyer called the state’s claim that Nowlin’s DNA would likely be on the bed “wholly false.” McNeil told police he had had the sheets laundered before his daughter’s arrival and that he and Nowlin had last had sex a week earlier had her apartment.

After the hearing, McNeil’s cousin Chris Ross told reporters, “it’s critically important you see all the evidence. There’s no shadow of a doubt he’s innocent.”

Ross, who traveled from California for the hearing, said he stays in close contact with McNeil. McNeil and his supporters have confidence in the defense team, he said."

The entire story can be read at:

https://www.wglt.org/local-news/2022-05-12/lawyers-argue-merits-of-bart-mcneils-innocence-petition

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;