PUBLISHER'S NOTE TWO: As previously posted, on October 21, 2022, Jennifer Del Prete is 'finally, finally, finally free. With this freedom becomes the opportunity for her to pursue the civil action she launched against the alleged "conspirators" responsible for her conviction of first-degree murder in the 2003 so-called 'shaken baby syndrome' death of a 4-month-old at the day care facility where she served as a caretaker." My headnote (followed by a 2017 story containing details of the claim she would ultimately pursue when exonerated, as happened this week, read as follows:
Jennifer Del Prete: Illinois: Shaken Baby Syndrome: Major (Unexpected) Development: She has been cleared by a finalized expert report, and is 'finally, finally, finally' free, The Chicago Tribune (Reporters Shazeh Ahmad and Rosemary Sobol) report..."On Wednesday morning, Del Prete, 51, with her father by her side, was in the Will County courthouse for yet another court date to find out if the trial would in fact start on Nov. 29, or if the state needed more time to build its case. Neither she or her attorney could have predicted what happened next: Her criminal case was dismissed Wednesday after the state was no longer able to make a case against her with a new expert opinion, according to a court order, and all of the charges against her were dropped. “We both burst into tears,” Del Prete said of her and her father’s immediate reactions. “I was screaming, ‘Finally, finally, finally,’ and we were crying.” “The People have received and tendered the finalized expert report of Dr. Thomas Bennett,” the dismissal order said. “After careful consideration of the newly obtained expert opinion in conjunction with all of the other physical and opinion evidence in this case, the People no longer believe they can sustain their burden of proof beyond a reasonable doubt.” “The matter was dismissed,” was all Carole Cheney, a spokesperson for the Will County state’s attorney’s office, said in an email. Del Prete had been found guilty of first-degree murder in the 2003 death of 14-month-old Isabella Zielinski. Authorities accused Del Prete of shaking the 4-month-old at the day care facility where Del Prete served as a caretaker."
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THE 2017 STORY:
PASSAGE OF THE DAY: "Thursday’s lawsuit alleges that the two Romeoville officers, an officer from Plainfield, Illinois and a primary medical witness in the case — Dr. Emalee Flaherty, a retired physician and a former professor at the Feinberg School of Medicine — conspired to frame Del Prete for the infant’s death. “Although they knew there were natural or accidental causes (for the death), Defendants fabricated false medical evidence and reports implicating Plaintiff in violently shaking the child,” reads the lawsuit, which was filed by three Chicago attorneys. According to the lawsuit, the Romeoville officers ignored the advice of several physicians, who said the infant’s health problems were likely preexisting and not caused by Del Prete, and instead worked with Flaherty to label the incident as a case of Shaken Baby Syndrome. Also according to the lawsuit, the Plainfield officer, who attended an autopsy that cast into doubt the cause of the infant’s death, tipped off the Romeoville officers about the autopsy’s findings — allowing the officers to withhold medical evidence from a doctor at the coroner’s office — and then suppressed evidence of the conversation. Additionally, the lawsuit accuses Flaherty of operating with an ulterior motive. Flaherty was then part of a child protection task force that “target(ed) babysitters and caretakers” and wrote a report on the infant’s death without examining the infant and with knowledge that the claims made in her report were false, according to the lawsuit."
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STORY: "Woman previously freed by Medill Justice Project investigation to sue alleged conspirators," by Summer Editor Ben Pope, published on August 25, 2022.
PHOTO CAPTION: "Jennifer Del Prete smiles minutes after being released from prison in 2014. Del Prete is now suing prosecutors of her initial 2005 conviction."
GIST: Attorneys representing Jennifer Del Prete filed a civil lawsuit Thursday against the village of Romeoville, Illinois and numerous other parties for their actions in Del Prete’s 2005 conviction on first-degree murder charges.
Del Prete, now 46, was released from prison in 2014 and her conviction was reversed in 2016 by federal judges partially because of the results of an investigation by The Medill Justice Project into the case, which found a letter that had not been admitted as evidence in the original trial.
The letter, written by one of two primary police investigators in the case, said a medical examiner had questioned whether the actions of Del Prete, then a daycare worker, actually led to the eventual death of the infant she was charged with killing.
Thursday’s lawsuit alleges that the two Romeoville officers, an officer from Plainfield, Illinois and a primary medical witness in the case — Dr. Emalee Flaherty, a retired physician and a former professor at the Feinberg School of Medicine — conspired to frame Del Prete for the infant’s death.
“Although they knew there were natural or accidental causes (for the death), Defendants fabricated false medical evidence and reports implicating Plaintiff in violently shaking the child,” reads the lawsuit, which was filed by three Chicago attorneys.
According to the lawsuit, the Romeoville officers ignored the advice of several physicians, who said the infant’s health problems were likely preexisting and not caused by Del Prete, and instead worked with Flaherty to label the incident as a case of Shaken Baby Syndrome.
Also according to the lawsuit, the Plainfield officer, who attended an autopsy that cast into doubt the cause of the infant’s death, tipped off the Romeoville officers about the autopsy’s findings — allowing the officers to withhold medical evidence from a doctor at the coroner’s office — and then suppressed evidence of the conversation.
Additionally, the lawsuit accuses Flaherty of operating with an ulterior motive. Flaherty was then part of a child protection task force that “target(ed) babysitters and caretakers” and wrote a report on the infant’s death without examining the infant and with knowledge that the claims made in her report were false, according to the lawsuit.
The lawsuit alleges that Del Prete suffered damages as a result of her nine-year imprisonment and emotional stress and accuses the officers — for whom their respective municipalities are liable — and Flaherty of violating due process, undergoing malicious prosecution and committing civil conspiracy, among other wrongdoings.
“The Village (of Romeoville) is confident that its officers acted lawfully and appropriately and that they will be exonerated in the litigation,” Romeoville assistant village manager Dawn Caldwell told The Daily in a statement. “Due to the pendency of the suit, the Village has no further comment.”
Plainfield community relations director Amy De Boni said Plainfield could not comment because it has not yet received the lawsuit.
Flaherty did not respond to multiple requests for comment, and a receptionist at her former Feinberg office said she had retired several years ago.
Del Prete’s prison release and eventual exoneration has been considered one of The Medill Justice Project’s seminal accomplishments.
The letter that members of The Medill Justice Project found, sent from the Romeoville officers to Flaherty after the tip from the Plainfield officer, said that the coroner had questioned the diagnosis of Shaken Baby Syndrome. Prior to 2014, Del Prete’s lawyers had not been aware of the letter.
Last year, a circuit court judge threw out Del Prete’s previous conviction and ordered a new trial.
At a press conference Thursday in Chicago, Del Prete said she hopes the lawsuit will lead to justice for all involved in the initial case.
“Nothing can compensate for the tragedy we all went through, but I’m hoping that we can get some justice,” Del Prete said, according to The Medill Justice Project. “Although we can’t get our time back that we missed, I would just like to feel like I was acknowledged.”
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resurce. 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:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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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