Monday, December 4, 2023

Soleiman Faqiri: Ontario: On-going inquest. Question of the day: Toronto Star reporter Mahdis Habibinia asks why Soleiman Faqiri wasn't sent to a hospital - in a story which notes jailhouse dysfunction ahead of the mentally ill man's death. (The story is sub-headed: 'Jail staff described a chain of decisions influenced by internal conflicts, frustration with the local hospital and key gaps in knowledge.')…"Why wasn’t Soleiman Faqiri sent to hospital despite his rapid mental health decline over 11 days inside an Ontario jail? That question was the driving focus of week two in the ongoing coroner’s inquest into his death following a violent struggle with guards at the Central East Correctional Centre, near Lindsay. Faqiri, 30, had diagnosed schizophrenia and was arrested on Dec. 4, 2016, for assault following an altercation with a neighbour. During his stay in segregation, Faqiri’s suffered a psychiatric emergency, noticed by numerous staff inside the jail; the day he died, he allegedly spit at one of the guards escorting him from a shower to a cell, leading to the struggle that resulted in his death."


PASSAGE OF THE DAY: "The jail’s doctor believed the local hospital wouldn’t admit Faqiri:

Dr. Brent McMillan, a part-time physician at the Lindsay superjail for the last 15 years, testified Wednesday that although he noticed Faqiri’s acute crisis, he felt the risks of a hospital transfer outweighed the benefits. “The risk associated with trying to corral a man who’s frightened and vulnerable with a team of men who are trained to deal with potentially violent situations — I was quite concerned that would instigate a reaction … that would cause him mental or physical harm,” McMillan said. The doctor defended his decision to not send Faqiri to a hospital, noting his frustrations with the local hospital, Ross Memorial, where he also works. According to McMillan and other staff, the hospital has a history of sending inmates back after administering medication, but not admitting them. So, if Faqiri received an injection in jail, McMillan said, a transfer was not necessary. McMillan, who was the jail’s only physician at the time, said he was also unaware the jail’s only psychiatrist was away. Evidence showed Faqiri was booked to see the psychiatrist on Dec. 10, but when McMillan next saw him three days later, there was no psychiatrist’s note. A fact that may have led him to infer the referral hadn’t happened. (Ministry officials have said that while it would have been the psychiatrist’s responsibility to find a replacement, that could often prove difficult in practice.) McMillan said he decided to give Faqiri a long-lasting antipsychotic two days before he died; the medication would have taken up to two weeks for full effect. “I think he should have been directed from the courts to a psychiatric facility. Anyone who has mental health issues, man, they get worse when they’re in jail. I don’t have to tell you that,” McMillan testified. The doctor also said he was not aware in 2016 that there is a ministry expectation to immediately transfer a person in an acute psychiatric crisis to the hospital. McMillan said Wednesday he first learned about this expectation “recently.”


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STORY: "Why wasn’t Soleiman Faqiri sent to hospital? Inquest reveals jailhouse dysfunction ahead of mentally ill man’s death," by Reporter Mahdis Habibiia, published by The Toronto Star, on December 4, 2023.


SUB-HEADING: "Jail staff described a chain of decisions influenced by internal conflicts, frustration with the local hospital and key gaps in knowledge."


GIST: "Why wasn’t Soleiman Faqiri sent to hospital despite his rapid mental health decline over 11 days inside an Ontario jail?


That question was the driving focus of week two in the ongoing coroner’s inquest into his death following a violent struggle with guards at the Central East Correctional Centre, near Lindsay.

Faqiri, 30, had diagnosed schizophrenia and was arrested on Dec. 4, 2016, for assault following an altercation with a neighbour. During his stay in segregation, Faqiri’s suffered a psychiatric emergency, noticed by numerous staff inside the jail; the day he died, he allegedly spit at one of the guards escorting him from a shower to a cell, leading to the struggle that resulted in his death.


Jail staff overseeing Faqiri’s health said the situation wasn’t ‘life or death’

Testifying on Tuesday, Helen Hamblin, the jail’s now-retired deputy superintendent of programs, described learning about Faqiri’s decline through a phone call with operational manager John Thompson, who’d earlier sent an email to 60 managerial staff — including Hamblin — warning about Faqiri’s deteriorating condition, including “rolling in his own feces for four days.”


She testified she doesn’t remember receiving that email, but after speaking about Faqiri’s state with Thompson on the phone, she said she didn’t think it was “going to be a life or death situation.”


She also testified she had refused to watch a video — taken by a jail guard in breach of protocol — detailing the extent of Faqiri’s distress on Dec. 11, 2016, four days before his death. The video showed him naked inside a cell with the floor and himself covered in feces, urine and vomit. A forensic psychiatrist has previously testified that Faqiri’s mental state was a clear “psychiatric emergency.”


Hamblin said she didn’t watch it at the time “for personal reasons,” without further clarification.

She further testified she believed at the time that the only individuals who had authority to send an inmate to a hospital because of mental health challenges were the jail’s physician, the psychiatrist — who was on vacation at the time or nurses.


At the time, Hamblin said she thought she only had that authority when there was a risk of self-harm — a misunderstanding that wasn’t cleared up for three years after Faqiri’s death.

“Nobody from the ministry ever told you that you actually had the authority at all times to send Mr. Faqiri to the hospital in relation to his mental health?” asked Inquest counsel Julian Roy.

The only thing she would do differently, Hamblin testified, was to “probably have gone to see Mr. Faqiri … Maybe that would have been helpful. Maybe not.”


The jail’s doctor believed the local hospital wouldn’t admit Faqiri

Dr. Brent McMillan, a part-time physician at the Lindsay superjail for the last 15 years, testified Wednesday that although he noticed Faqiri’s acute crisis, he felt the risks of a hospital transfer outweighed the benefits.


“The risk associated with trying to corral a man who’s frightened and vulnerable with a team of men who are trained to deal with potentially violent situations — I was quite concerned that would instigate a reaction … that would cause him mental or physical harm,” McMillan said.

The doctor defended his decision to not send Faqiri to a hospital, noting his frustrations with the local hospital, Ross Memorial, where he also works.


According to McMillan and other staff, the hospital has a history of sending inmates back after administering medication, but not admitting them. So, if Faqiri received an injection in jail, McMillan said, a transfer was not necessary.


McMillan, who was the jail’s only physician at the time, said he was also unaware the jail’s only psychiatrist was away. Evidence showed Faqiri was booked to see the psychiatrist on Dec. 10, but when McMillan next saw him three days later, there was no psychiatrist’s note. A fact that may have led him to infer the referral hadn’t happened. (Ministry officials have said that while it would have been the psychiatrist’s responsibility to find a replacement, that could often prove difficult in practice.)


McMillan said he decided to give Faqiri a long-lasting antipsychotic two days before he died; the medication would have taken up to two weeks for full effect.


“I think he should have been directed from the courts to a psychiatric facility. Anyone who has mental health issues, man, they get worse when they’re in jail. I don’t have to tell you that,” McMillan testified.


The doctor also said he was not aware in 2016 that there is a ministry expectation to immediately transfer a person in an acute psychiatric crisis to the hospital.


McMillan said Wednesday he first learned about this expectation “recently.”


On Thursday, Susan Grant, Ross Memorial Hospital’s director of risk, professional practice and patient relations, acknowledged that some patients in acute psychiatric crises were returned to jail. She explained: “There may not be a spot in the hospital that would provide that low stimulation, close monitoring.”


While communication between the two facilities has improved over the years, Grant said lack of funding, available beds and physical space remain the hospital’s biggest obstacles as to why they send some patients back to the jail.


Senior officials with the ministry testified the jail has somewhat improved its relationship with the local hospital since 2016. However, McMillan testified that placing “acutely psychotic” individuals in jail has become worse since 2016.


A nurse created a care plan before Faqiri died, but was at odds with guards

The inquest heard audio recordings from a 2017 internal investigation which involved two separate interviews with nurse and health-care manager Kathy Goard, and former operational manager John Thompson, both of whom were present the day Faqiri died. (Goard has not testified in person; Thompson died in 2021).


“My job isn’t to make decisions operationally, but my job is to advocate for the client,” Goard said in the audio clip.


Goard and her team created a three-part care plan for Faqiri: transfer him with officers from his first segregation cell to the shower, move him into a different segregation cell closer to the medical unit, then discuss a transfer with their local hospital.


Part of that plan included getting Faqiri into a wheelchair to and from the shower as well as getting him food and a Quran. The plan was communicated to Faqiri, who seemed to understand but later, in the shower, he began throwing shampoo at officers and refused to get out.


Thompson requested the jail’s Institutional Crisis Intervention Team to help, but Goard and Hamblin advised against it.


“You would have had six to eight men dressed in black from head to toe (with) helmets and gas masks. They honestly look like alien ants from another world,” Hamblin explained. “It’s very intimidating.”


Thompson then proceeded to move Faqiri out of the shower without a wheelchair and without the other health care staff ready. After the violent struggle began in the hallway, Goard’s care plan was disregarded.


In the recording, Goard recalled her frustration and said the jail guards are “adversarial” toward health care staff.


“I’m sick and tired of this group. Why does it always have to be a fight,” she said."


The entire story can be read at: 


https://www.thestar.com/news/gta/why-wasn-t-soleiman-faqiri-sent-to-hospital-inquest-reveals-jailhouse-dysfunction-ahead-of-mentally/article_e0c8b78c-b381-535c-b798-346839d42aab.html

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/120008354894645705/47049136857587929

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;

—————————————————————————————————


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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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-123488014

Sunday, December 3, 2023

Maya Kowalski and Family: Journalist/broadcaster Megan Fox (PJ Media) tells the surreal story of how Johns Hopkins All Children's Hospital (JHACH) declared war on Juror #1, the day before Thanksgiving, by filing a motion for a new trial based on “juror misconduct” after losing a groundbreaking jury verdict for $261 million…"The defense alleges that Juror #1’s wife paid too close attention to the trial and thus must have influenced her former law enforcement officer husband toward the plaintiff. They provided no evidence of the wife influencing her juror husband but did dox the two online for over a week before public outrage forced them to re-upload the motion with private information redacted including names, address, and photographs."



PASSAGE OF THE DAY: "The plaintiff’s attorneys responded accusing the defense of creating a new definition of juror misconduct naming it “misconduct by proxy.” This characterization was ironic considering JHACH falsely accused Maya Kowalski’s deceased mother of having Munchausen syndrome by proxy, which led to the lawsuit in the first placeThe defense argues that Juror #1, simply by living with his wife, was prejudiced against JHACH because his wife followed pro-Kowalski broadcasts, Facebook pages, and journalists, including PJ Media. They stalked her social media posts and put screenshots of who she follows online in their motion."

————————————————————————————————

PASSAGE TWO OF THE DAY: "The defense’s motion was analyzed by at least five lawyers with large YouTube followings who all laughed riotously at the motion that was called “frivolous,” “reaching,” and “ludicrous,” among other insults.Specifically, one of the phrases in the defense’s motion that caused the most laughter was every time Juror #1’s wife was mentioned, the phrase “with whom he resides” followed leaving most to question whose wife doesn’t reside with them all the time.  Further, the defense seemed to think that the juror’s oath somehow attached itself to his wife who was under no obligation to stay away from the news or refrain from discussing the case online with friends or strangers.  Indeed, only the juror was not allowed to seek out news on the case during the trial.  It was also noted that with Juror #1’s law enforcement background, he and his wife would be familiar with not being able to discuss certain cases he was working on as a regular rule. But JHACH’s lawyers tried desperately to make a mountain out of a molehill by throwing every allegation they could think of at the wall hoping it would stick."

—————————————————————————————— 


PASSAGE THREE OF THE DAY: "Both motions should be read, the defense motion for its humorous elements and the plaintiff’s motion for its superior arguments and writing.  There’s much more in there that is not only entertaining but laughable when it comes to JHACH and their desperation to get a do-over. But what’s not laughable is the precedent that is being set that if the losing party in a lawsuit wants to they can stalk, harass, dox, and otherwise molest the wife of a juror they don’t like.  This feels like jury intimidation and it makes one wonder who will sign up to be on a jury if these are the possible repercussions meted out by sore losers. A hearing is set for December 15th when Judge Carroll is expected to rule on the motions and decide whether or not the defense can question Juror #1 and his wife and be given discovery into their personal devices."


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COMMENTARY:  "Johns Hopkins All Children's Hospital Declares War on Juror #1,"  by award-winning journalist, broadcaster Megan Fox, published PJ Media  on December 2, 2023. Megan Fox is an award-winning journalist, broadcaster, and author of Believe Evidence; the death of due process from Salome to #MeToo. and Shut Up! The Bizarre War that One Public Library Waged Against the First Amendment.)


GIST: "The day before Thanksgiving, Johns Hopkins All Children’s Hospital (JHACH) attorneys filed a motion for a new trial based on “juror misconduct” after losing a groundbreaking jury verdict for $261 million. 


Instead of deciding to cut their losses and pay what the People decided they owed, JHACH ruined Thanksgiving for the Kowalskis and the much-maligned Juror #1 and his wife.


The defense alleges that Juror #1’s wife paid too close attention to the trial and thus must have influenced her former law enforcement officer husband toward the plaintiff. 


They provided no evidence of the wife influencing her juror husband but did dox the two online for over a week before public outrage forced them to re-upload the motion with private information redacted including names, address, and photographs. 


The plaintiff’s attorneys responded accusing the defense of creating a new definition of juror misconduct naming it “misconduct by proxy.” 


This characterization was ironic considering JHACH falsely accused Maya Kowalski’s deceased mother of having Munchausen syndrome by proxy, which led to the lawsuit in the first place


The defense argues that Juror #1, simply by living with his wife, was prejudiced against JHACH because his wife followed pro-Kowalski broadcasts, Facebook pages, and journalists, including PJ Media. 


They stalked her social media posts and put screenshots of who she follows online in their motion. 


I sat down with the Kowalki’s attorney Greg Anderson to discuss his response to the hospital’s attempt for a new trial. 

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The plaintiff’s response pointed out the absurdity in the defense’s argument. “First, the Court told the jurors repeatedly that they were not to discuss the case with anyone, even family members. As noted below, to engage in the unsupported assumption Defendant posits would mean there could never be a married juror. So, no it does not strain credulity to believe jurors follow instructions,” read the Plaintiff's motion.


The defense’s motion was analyzed by at least five lawyers with large YouTube followings who all laughed riotously at the motion that was called “frivolous,” “reaching,” and “ludicrous,” among other insults.


Specifically, one of the phrases in the defense’s motion that caused the most laughter was every time Juror #1’s wife was mentioned, the phrase “with whom he resides” followed leaving most to question whose wife doesn’t reside with them all the time. 


Further, the defense seemed to think that the juror’s oath somehow attached itself to his wife who was under no obligation to stay away from the news or refrain from discussing the case online with friends or strangers. 


Indeed, only the juror was not allowed to seek out news on the case during the trial. 


It was also noted that with Juror #1’s law enforcement background, he and his wife would be familiar with not being able to discuss certain cases he was working on as a regular rule.


But JHACH’s lawyers tried desperately to make a mountain out of a molehill by throwing every allegation they could think of at the wall hoping it would stick. 


“Post-trial research and information obtained regarding [Juror #1’s wife’s] social media history reveals that her personal engagment with the public commentary of this trial is unlike that of a member of the public who shares a general interest in the case, and is particularly inappropriate given her role as the wife of the jury foreman.”


Of course, there is no official role of “the wife of the jury foreman,” as wives or husbands of jurors are not required to take any oath. 


Further, the defense’s argument that they collected this information post-trial fell flat when leaked emails showed they knew about at least some of the Reddit posts where the information was compiled before the verdict. 


The plaintiff argues that they had a duty to bring any information forward to the court promptly rather than wait until after the verdict if they believed juror misconduct had occurred.


“The pre-verdict information on which Defendant relies was available and, it appears, known to Defendant before the verdict. Yet, Defendant waited to see how the verdict came in before bringing these assertions to the Court. Had it acted timely – if its claims had any merit – they could have been addressed before this nine-week trial went to the jury. Over 20 years ago, the Florida Supreme Court stated: ‘The court system is already overburdened and does not have the luxury of allowing jury verdicts to unravel or be subject to attack because of information which could have been reasonably obtained before the trial begins.’ Roberts v. Tejada, 814 So. 2d 334, 345 (Fla. 2002).”


JHACH also hilariously accused Juror #1 of having information that was only available online on Maya Kowalksi’s treating physician’s website stating, “On October 9, 2023, Juror #1 posed the following question to Maya Kowalski: ‘When it comes to ‘creature comforts,’ were you made to feel comfortable, or were you made to-or just felt-that you were in a hostile place?’ 


The phrase ‘creature comfort’ was not used by any witness at the trial, but it is used on Dr. Kirkpatrick’s RSD Foundation website related to ketamine treatment, as demonstrated below,” read the defense’s motion.


The trouble with that allegation is that it is demonstrably false.


 The plaintiff’s response included court transcripts of Maya’s physical therapist using the phrase “creature comforts” eleven days before Juror #1 used it in a question. “Maybe she didn’t know how it was going to make her body, her emotions respond and that’s why she didn’t want to do it in therapy, she wasn’t sure, but at home, she has her creature comforts, her dad, her brother, you know, maybe her favorite show,” testified Ms. DeYoung. 


Both motions should be read, the defense motion for its humorous elements and the plaintiff’s motion for its superior arguments and writing. 


There’s much more in there that is not only entertaining but laughable when it comes to JHACH and their desperation to get a do-over. 


But what’s not laughable is the precedent that is being set that if the losing party in a lawsuit wants to they can stalk, harass, dox, and otherwise molest the wife of a juror they don’t like. 


This feels like jury intimidation and it makes one wonder who will sign up to be on a jury if these are the possible repercussions meted out by sore losers.


A hearing is set for December 15th when Judge Carroll is expected to rule on the motions and decide whether or not the defense can question Juror #1 and his wife and be given discovery into their personal devices."


The commentary can be read at: 


https://pjmedia.com/megan-fox/2023/12/02/johns-hopkins-all-childrens-hospital-declares-war-on-juror-1-n4924433

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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/120008354894645705/47049136857587929

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;

—————————————————————————————————


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;


------------------------------------------------------------------


YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-123488014

Beleaguered Surgeon/Researcher Paolo Macchiarini: Italy; Physician do no harm; (A guiding principal of The Charles Smith Blog): ...Fox News U.S. and World Reporter Christina Coulter reports on experimental doctor Paolo Macchiarini, subject of a new Netflix docuseries called 'Bad Surgeon: Love Under the Knife' which details the international doctor's fall from medical world stardom to jail time after eight of his patients died post-op' - and is sub-headed, "Paolo Macchiarini, 65, was sentenced to two years and six months behind bars in Sweden for gross assault against three of his patients. He is the subject of the new Netflix Docuseries "Bad Surgeon: Love Under the Knife." (Netflix)."…"Despite his skyrocketing reputation as a rock star surgeon and pioneer of regenerative medicine in the early aughts, Italian stem cell scientist Paolo Macchiarini's patients just kept dying after receiving his experimental trachea transplants. The increasing scrutiny surrounding the embattled researcher and his alleged web of lies is laid out by his former fiancée and NBC News producer Benita Alexander in a new three-part Netflix docuseries "Bad Surgeon: Love Under the Knife," which was directed by Emmy-nominated Ben Steele and debuted on Nov. 29. Macchiarini, 65, became world-renowned for offering patients a second chance at life with the very first plastic organs – coating plastic or cadaver-sourced windpipes in the recipient's own stem cells. At least eight of Macchiarini's transplant recipients died after their surgeries – the brand-new procedure had never been tested on animals, and instead debuted on desperate "human guinea pigs," ex-fiancée Alexander claims. At least 20 patients in a slew of countries, including Spain, Russia, Iceland, Britain and the United States, received the doctor's windpipes, per the Associated Press. Although there are no guarantees in innovative medicine, the doctor repeatedly lied about his research, according to the findings of the Karolinska Institutet in Stockholm, Sweden, where he once taught and conducted his studies. Eleven of his published papers have since been retracted, Esquire reported. Ultimately, Macchiarini was charged by a Swedish appeals court in 2022 with aggravated assault and bodily harm against three of his former patients, per the institution."


BACKGROUND: Wikipedia: "Paolo Macchiarini (born 22 August 1958)[1][2] is a Swiss thoracic surgeon and former regenerative medicineresearcher who became known for research fraud and manipulative behavior.[3][4] He has been convicted of research-related crimes in Italy and Sweden.[5][6]

Previously considered a pioneer for using both biological and synthetic scaffolds seeded with patients' own stem cells as trachea transplants, Macchiarini was a visiting professor and director on a temporary contract at Sweden's Karolinska Institutet (KI) from 2010.[7] Macchiarini has been accused of unethically performing experimental surgeries, even on relatively healthy patients, resulting in fatalities for seven of the eight patients who received one of his synthetic trachea transplants.[8] Articles in Vanity Fair and Aftonbladetfurther suggested that he had falsified some of his academic credentials on résumés."

Paolo_Macchiarini


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PASSAGE OF THE DAY:  "On Christmas of the next year, before NBC had aired their documentary, Macchiarini proposed to Alexander, telling her that he would plan their opulent wedding in Italy and Pope Francis would officiate.  But, she would later learn, the surgeon was already married and had two children.  In addition to the leader of the Catholic church, the surgeon told his fiancée that he had operated on the likes of Barack Obama, Bill Clinton, Hillary Clinton, Emperor Akihito of Japan and other powerful figures.  "There's a lot of gaslighting and brainwashing," Alexander said of the conniving surgeon. "It's a slow, meticulous process. It's not like he hits you over the head with these lies all at once. It's a very cunning weaving of a web like a spider.”


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STORY: "Experimental doctor Paolo Macchiarini seduced journalist to mask deadly surgeries, new docuseries reveals," by Christina Coulter, published by Fox News, on December 2, 2023.


SUB-HEADING: (Christina Coulter is a U.S. and World reporter for Fox News Digital.)


PHOTO CAPTION: "Paolo Macchiarini, 65, was sentenced to two years and six months behind bars in Sweden for gross assault against three of his patients. He is the subject of the new Netflix Docuseries "Bad Surgeon: Love Under the Knife." (Netflix)."

———————————————————————


STORY: "Despite his skyrocketing reputation as a rock star surgeon and pioneer of regenerative medicine in the early aughts, Italian stem cell scientist Paolo Macchiarini's patients just kept dying after receiving his experimental trachea transplants. 


The increasing scrutiny surrounding the embattled researcher and his alleged web of lies is laid out by his former fiancée and NBC News producer Benita Alexander in a new three-part Netflix docuseries "Bad Surgeon: Love Under the Knife," which was directed by Emmy-nominated Ben Steele and debuted on Nov. 29. 


Macchiarini, 65, became world-renowned for offering patients a second chance at life with the very first plastic organs – coating plastic or cadaver-sourced windpipes in the recipient's own stem cells. 


At least eight of Macchiarini's transplant recipients died after their surgeries – the brand-new procedure had never been tested on animals, and instead debuted on desperate "human guinea pigs," ex-fiancée Alexander claims.


At least 20 patients in a slew of countries, including Spain, Russia, Iceland, Britain and the United States, received the doctor's windpipes, per the Associated Press


Although there are no guarantees in innovative medicine, the doctor repeatedly lied about his research, according to the findings of the Karolinska Institutet in Stockholm, Sweden, where he once taught and conducted his studies.


 Eleven of his published papers have since been retracted, Esquire reported


Ultimately, Macchiarini was charged by a Swedish appeals court in 2022 with aggravated assault and bodily harm against three of his former patients, per the institution.


Last June, the court sentenced Macchiarini to 2 ½ years for the charges, the Associated Press reported. Prosecutors reportedly requested a longer sentence.

"It seems clear to me that these have been completely unlawful human experiments and the penalty should be a long prison sentence, given the nature of the crime and the high penal value."

It was not immediately clear whether Macchiarini is currently behind bars. 


The institute, which initially backed Macchiarini, had expressed concern that the doctor was misrepresenting his successes years before the sentence was handed down, in 2014. 


In 2016, Swedish police investigated whether the doctor had committed involuntary manslaughter, per BBC News. But after a yearlong investigation, the country's attorney general determined that although Macchiarini was medically negligent in four of five cases reviewed, a crime could not be proven because his patients would have died under any other treatment. 


Three years earlier, in 2019, per the AP, the Italian doctor was sentenced to 16 months in prison in his own country for forging documents and abuse of office – but he was ultimately acquitted of the charges.


When he was fired from the Karolinska Institutet, he went on to research at Russia's Kazan Federal University. But according to the outlet Science, the university revoked the doctor's funding after learning he had operated without a Russian medical license in 2017.


But despite the criminal charges and controversies, the documentary claims Macchiarini is still licensed to practice – although it is unclear in what countries he maintains his license. 


Alexander, who met the so-called "supersurgeon" in 2013 while she was filming a documentary on regenerative medicine, said that the George Clooney lookalike "fooled his patients very much the same way he fooled [her]."


"They were convinced that he was the greatest hope of their loved ones surviving," she said in the docuseries. "He made them believe that he could help them the way he made me believe that he loved me and that he loved my daughter, and he was going to take care of us for the rest of our lives." 


But Alexander would later learn the truth about the doctor who charmed her – and bring her findings to the Swedish institute. 


Macchiarini was preparing to outfit 3-year-old Hannah Warren, who was born without a trachea, with a plastic replacement from Harvard apparatus when he and Alexander met. 


Alexander and her coworkers were charmed by the doctor, and began joking that Macchiarini had "George Clooney" vibes due to his looks and love of motorcycles. 


After renting one to film windswept b-roll of the surgeon, he took Alexander on a ride with extra time on the rental. The ride turned into dinners after shoots and, finally, a whirlwind romance. 


The girl's surgery appeared to be a resounding success, with the doctor saying at a press conference that new cells could be seen growing on the plastic trachea. 


Macchiarini took Alexander on lavish trips to Russia, Greece and the Bahamas, stunning the journalist with "giant, grandiose gestures" and promises of a fairy tale lifestyle before NBC's production aired.


On Christmas of the next year, before NBC had aired their documentary, Macchiarini proposed to Alexander, telling her that he would plan their opulent wedding in Italy and Pope Francis would officiate. 


But, she would later learn, the surgeon was already married and had two children. 

In addition to the leader of the Catholic church, the surgeon told his fiancée that he had operated on the likes of Barack Obama, Bill Clinton, Hillary Clinton, Emperor Akihito of Japan and other powerful figures. 


"There's a lot of gaslighting and brainwashing," Alexander said of the conniving surgeon. "It's a slow, meticulous process. It's not like he hits you over the head with these lies all at once. It's a very cunning weaving of a web like a spider.”


Hannah died within a year of the procedure, becoming one of eight fatalities Macchiarini left in his wake. 


At least three patients who underwent the doctor's knife had already died before the girl was operated on in September 2013. 


Macchiarini was "absolutely insistent that her death had nothing to do with the windpipe failing," and was instead the result of other complications, Alexander said. 


The girl's parents insisted that their daughter's death was not in vain, and that she was a pioneer for a surgery that could help others in the future.


In the same spirit, NBC shifted its documentary's focus to Macchiarini and began uncovering more of the deaths left in his wake. 


The family of Chris Lyle, a Maryland cancer patient who also died after receiving one of Macchiarini's synthetic windpipes, were ardent supporters of the doctor at the time.


 Less than a year after the surgery in Sweden, an expert said in the documentary, he developed an infection in his airway.


"Chris joked about it to Paolo the night before his surgery, he said 'tell me doc, I'm a guinea pig, right?' But Paolo didn't want to hear that," Lyle's mother recalled. "He didn't want Chris to feel that way. And I believed him – he's world renowned, he's the best."


Before her death in 2014, former patient Yulia Tuulik wrote of the "rotting" of her replaced windpipe and that people "shuddered away" because she smelled so badly after her surgery, per the documentary. 


Another patient, Yesim Cetir of Philadelphia, died in 2017 after suffering through 191 corrective surgeries and two strokes following her transplant.


Her mother told documentary makers that her daughter "went through pure horror" until her death, "coughing up pieces of her flesh" and needed her airway cleared manually multiple times per day. She decried Macchiarini's procedure as "torture and murder."


For Alexander, the doctor's facade began to crack when a friend told her that Pope Francis would be out of the country on their proposed wedding date. 


"In that moment, I just knew," she recalled. "All those little red flags that had been nagging me exploded to the surface.”


But at that point, Macchiarini doubled down, telling her that his career in medicine was a cover and that he was actually a sniper for the CIA. 


"Clearly, something was very seriously wrong, and he's a pathological liar," Alexander recalled. "But when he told me that, I thought, ‘This man’s crazy.' I mean, legitimately crazy or so demented… I didn't know what to think." 


She would hire a private investigator and confront Macchiarini – meeting his wife and children – in Barcelona on the planned day of their wedding. 


Suspicion surrounding the doctor came to a head when she shared her story – both her findings surrounding his patients and her own experience with his pathological lies – to Vanity Fair in 2016. 


Years later, in 2022, Alexander traveled to Sweden to see his prison sentence handed down in court. 


Despite the brevity of his sentence, Alexander said, she still found satisfaction in his prosecution.


"It's very difficult to prove that he intentionally killed these people," she said. "He hides behind the fact that these are experimental procedures.""


The entire story can be read at:



PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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/120008354894645705/47049136857587929

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;

—————————————————————————————————


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;


------------------------------------------------------------------


YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.



https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-123488014

Saturday, December 2, 2023

Botched drug tests: Bulletin: Disturbing news about New York's prison system: The Associated Press (Reporter Maysoon Kahn) reports that more than 2,000 prisoners have been unfairly punished after tests of suspected contraband substances falsely tested positive for drugs, according to a recently released report…"In hundreds of cases, the prisoners had committed no offense, but the flawed results were used to put them in solitary confinement, halt family visits, or cancel parole hearings."…"The report by Inspector General Lucy Lang found that state prison staff failed to confirm the test results with an outside lab. The manufacturer of the contraband screening drug tests, Sirchie Finger Print Laboratories, says in its instructions that the results from the drug tests should be treated as preliminary and unconfirmed. The report also found that New York state prison staff failed to abide by protocols meant to prevent misidentifying contraband or cross-contaminating samples. The Sirchie NARK II contraband screening tests are used to detect synthetic cannabinoids and other types of drugs by putting substances into testing pouches. They sometimes cross-react with commonly used over-the-counter medications, as well as tea or protein powders sold within some state facilities, the report detailed. The manufacturer said their tests are designed to confirm probable cause the substance was likely a member of a family of commonly used drugs, not a specific substance, according to the report. The report recommended New York state prisons provide additional training to testing officers and require them to notify their supervisors when potential discrepancies arise. It also called for tracking drug test results through a central inventory of tests to monitor for any trends that may hint at future errors."



PASSAGE OF THE DAY: "This isn’t the first time the department had issues with false positive drug test results. A previous investigation by the state Inspector General in 2022 found that the state correctional agency ignored test instructions and disciplined inmates based on inaccurate results from another kind of drug screening test made by manufacturer Microgenics Corp. Martin Garcia, a resident of Queens who served eight years at Fishkill Correctional Facility, was nearing the end of his sentence when, much to his shock, his Microgenics urine drug test came back positive. “I was going home. Why would I get high? It didn’t add up,” said Garcia, 38. “But I was distraught because, I’m like, how do you fail a drug test? Is this medical?” He raised the issue with a prison supervisor who acknowledged that something was wrong. He says the disciplinary charge was dismissed based on a bureaucratic technicality, not retesting. In 2019, hundreds of New York prisoners filed a federal class action lawsuit against Microgenics Corp., claiming the manufacturer failed to ensure that its device produced accurate results."


————————————————————————————


STORY: "New York punished 2,000 prisoners over false positive drug tests, report finds," by Associated Press Reporter Maysoon Khan, published on November 30, 2023. (Maysoon Khan is a corps member for the Associated Press/Report for America Statehouse News Initiative.)


SUB-HEADING: "New York’s prison system unfairly punished more than 2,000 prisoners after tests of suspected contraband substances falsely tested positive for drugs, according to a report released Thursday. In hundreds of cases, the prisoners had committed no offense, but the flawed results were used to put them in solitary confinement, halt family visits, or cancel parole hearings."


GIST: "New York’s prison system unfairly punished more than 2,000 prisoners after tests of suspected contraband substances falsely tested positive for drugs, according to a report released Thursday. 


 In hundreds of cases, the prisoners had committed no offense, but the flawed results were used to put them in solitary confinement, halt family visits, or cancel parole hearings.


 The report by Inspector General Lucy Lang found that state prison staff failed to confirm the test results with an outside lab. 


The manufacturer of the contraband screening drug tests, Sirchie Finger Print Laboratories, says in its instructions that the results from the drug tests should be treated as preliminary and unconfirmed.


 The report also found that New York state prison staff failed to abide by protocols meant to prevent misidentifying contraband or cross-contaminating samples.  


The Sirchie NARK II contraband screening tests are used to detect synthetic cannabinoids and other types of drugs by putting substances into testing pouches. 


They sometimes cross-react with commonly used over-the-counter medications, as well as tea or protein powders sold within some state facilities, the report detailed. 


The manufacturer said their tests are designed to confirm probable cause the substance was likely a member of a family of commonly used drugs, not a specific substance, according to the report. 


The report recommended New York state prisons provide additional training to testing officers and require them to notify their supervisors when potential discrepancies arise.  


It also called for tracking drug test results through a central inventory of tests to monitor for any trends that may hint at future errors.


“This investigation and the subsequent policy changes and record expungements represent one step closer to ensuring the level of integrity we should all expect and demand from the State," Lang said in a statement.


New York's Department of Corrections and Community Supervision raised the issue concerning the drug tests with the state Inspector General in August 2020, almost a year after the NARK II contraband screening tests were phased in state correctional facilities. 


Based on findings during the investigation, prison officials eventually reversed and expunged 704 disciplinary infractions based on the positive test results, according to the report. Some prisoners may have had more than one charge. They also reduced guilty charges in another 2,068 infractions.


By 2021, the corrections department contracted an outside lab to provide confirmatory testing and also created a new position for a senior officer responsible to ensure drug testers follow appropriate instructions.


"While the detection and removal of these substances is imperative, it must be done with accuracy and fairness,” the department's Acting Commissioner Daniel F. Martuscello III said.


The department said that since the investigation, the department has since made improvements that align with the report's recommendations.


This isn’t the first time the department had issues with false positive drug test results.


A previous investigation by the state Inspector General in 2022 found that the state correctional agency ignored test instructions and disciplined inmates based on inaccurate results from another kind of drug screening test made by manufacturer Microgenics Corp.


Martin Garcia, a resident of Queens who served eight years at Fishkill Correctional Facility, was nearing the end of his sentence when, much to his shock, his Microgenics urine drug test came back positive.


“I was going home. Why would I get high? It didn’t add up,” said Garcia, 38. “But I was distraught because, I’m like, how do you fail a drug test? Is this medical?”


He raised the issue with a prison supervisor who acknowledged that something was wrong. He says the disciplinary charge was dismissed based on a bureaucratic technicality, not retesting.


In 2019, hundreds of New York prisoners filed a federal class action lawsuit against Microgenics Corp., claiming the manufacturer failed to ensure that its device produced accurate results.


The state’s contraband drug testing program requires two tests for suspected illegal substances. The first is a presumptive test, which then has to be sent to an outside lab for confirmation.


Even in the preliminary tests, prison staff regularly failed to carry out the tests in a reliable way, the report found. 


In one case, officers used pen caps and pocketknives to place suspected contraband into the drug test kits, instead of using a clean loading device. That could have led to contamination of the test sample, leading to a false positive.


During the almost five-year period in which the department used the NARK II tests in its facilities, there were more than 9,000 guilty dispositions for drug possession.


Despite restricting families from sending packages to inmates and routinely screening prisoners for drugs, New York’s Department of Corrections and Community Supervision continues to struggle to curb the flow of illegal drugs in their facilities, the report said.


The entire story can be read at:


https://www.thestar.com/news/world/united-states/new-york-punished-2-000-prisoners-over-false-positive-drug-tests-report-finds/article_02d11d43-861a-55c3-82f8-5cb86aa71f07.html


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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/120008354894645705/47049136857587929

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;

—————————————————————————————————


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;


------------------------------------------------------------------


YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-123488014