Wednesday, May 24, 2023

Wayne Burgess: Tennessee: A controversial Medical Examiner Charles Harlan case: Bulletin: Welcome Development: He is finally free, having walked out of prison after 24 years of wrongful conviction, News Channel 5 (WTVF) (Multimedia Journalist Kelsey Gibbs) reports..."Court documents revealed that Burgess had given a statement confessing to hitting the victim in the stomach, causing deadly internal bleeding. However, his attorneys quickly claimed that the confession was coerced. The medical examiner at the time, Dr. Charles Harlen, testified that the victim's death occurred shortly after the injury. This confession and the testimony played a significant role in Burgess's life sentence. However, recent findings from expert witnesses, including the state's current medical examiner, challenged Dr. Harlan's conclusions. It was revealed that Dr. Harlan had a history of problems, which eventually led to him losing his medical license. Also, numerous cases in which he was involved had been thrown out."


PASSAGE OF THE DAY: "That man's been in prison for almost 25 years, and he just walked out the door. So, today's a good day," said Jason Gichner with the Tennessee Innocence Project Burgess reached out to the organization, and they took up his case, firmly believing in his innocence. With their help, his conviction was overturned, and he walked out of jail as a free man. The emotional reunion between Burgess and his loved ones, including his now 30-year-old son, was a moment long-awaited. However, Burgess's battle for justice is not over. While his conviction has been thrown out, prosecutors still have the option to retry him. The case remains open, and in 60 days, the state will return to court with its decision."

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STORY: "Tennessee man walks out of prison a free man after 24 years of wrongful conviction," by MultiMedia Journalist  Kelsey Gibbs,  published  by News Channel 5 (WTVF) May 24, 2023.


GIST: "It was a battle that lasted a long time, but after two decades of waiting, justice was served for Wayne Burgess.


Inside the Giles County courtroom among the families and attorneys, there was a sense of relief and triumph. 


Burgess had maintained his innocence for many years, and now he had reason to hope.


 In 1999, Burgess was convicted for the 1997 murder of his then girlfriend's 16-month-old daughter, Nakevia Rivers.


Court documents revealed that Burgess had given a statement confessing to hitting the victim in the stomach, causing deadly internal bleeding.


However, his attorneys quickly claimed that the confession was coerced.


The medical examiner at the time, Dr. Charles Harlen, testified that the victim's death occurred shortly after the injury. This confession and the testimony played a significant role in Burgess's life sentence.


However, recent findings from expert witnesses, including the state's current medical examiner, challenged Dr. Harlan's conclusions.


It was revealed that Dr. Harlan had a history of problems, which eventually led to him losing his medical license. Also, numerous cases in which he was involved had been thrown out.


"This isn't a clear-cut case of obvious innocence," said Brent Cooper, Giles County District Attorney.


He believed that the jury had made the right decision.


"We have a child who died of a lacerated liver. So, the question is: who did it and how did it happen? And then both of those questions are answered and Mr. Burgess' statement."


But a judge thought otherwise after vacating Burgess' sentence a month ago.



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/120008354894645705/4704913685758792985


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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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-1234880143/


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