PUBLISHER'S NOTE: "What a painful saga. It is taking so long for Barton McNeil's innocence to be recognized. My first post on Bart's case (link below) ran on June 27, 2012, under the heading, "Illinois Innocence Project takes 1998 murder case. New DNA testing could offer hope of exoneration." Much water has passed under the bridge since that post ran. More than a decade later Bart McNeil is still stoically pursuing that hope for exoneration - in spite of the occasional rebuff in the courts - as evidenced by his motion, set for Monday June 6. My fingers are crossed for Bart. The forensic evidence I am aware of cries out his innocence. I hope he gets the opportunity to introduce it in court.
Harold Levy: Publisher: The Charles Smith Blog.
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PASSAGE OF THE DAY: "McNeil’s lawyers with the Exoneration Project have filed affidavits from two women with information about the alleged confession. In a separate court filing, the defense is seeking all materials related to the McNeil and Nowlin cases. Any investigative materials that may relate to Nowlin as a possible suspect in Christina’s death are among the items sought by McNeil’s legal team. The affidavits are the only potential new evidence approved for a hearing, according to a ruling last year by Yoder on McNeil’s petition for a new trial. The Chicago legal team contends a jury should consider new questions surrounding scientific evidence used at McNeil’s bench trial. The fact that Nowlin’s hair and DNA were found on the child’s recently laundered bedding also should be heard by jurors at a new trial, the defense has argued."
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FROM The 'Free Bart' supporters website:
Important News! Barton McNeil is scheduled to appear in court again. The first time in over a year since his last hearing that was in May. The hearing is for oral arguments to be between the State of Illinois, represented by Assistant State's Attorney Mary Koll, and Barton's legal team consisting of attorneys with the University of Chicago Law School associated Exoneration Project (
https://www.exonerationproject.org/) and University of Illinois Law School related Illinois
Innocence Project (
https://www.uis.edu/illinoisinnocenceproject).
The oral arguments are in regards to the below Motion for Discovery which seeks all information learned by the State about Misook since the time of Barton's 1999 conviction up to and including the Linda Tyda strangulation murder by Misook in 2011, and Motion to Introduce Evidence Corroborating Misook Nowlin Confessions relating to a confession she told her former husband Don Wang that she murdered Christina McNeil, details of which he then shared with other relatives of hers.
For all local supporters in McLean County and seekers of truth and justice we appreciate your attending this important hearing that is open to the public.
Below are the links to the two motions to be heard and the State's rebuttal seeking to dismiss both of them that has set the stage for oral arguments now to be heard. The Judge to then make a ruling and this matter next to move into a 3rd Stage Evidentiary Hearing yet to be scheduled.
Injustice thrives in darkened places. Let your voices and presence be felt.
Motion to Hear Evidence Corroborating Misook Nowlin Confession:
State's Motion to Dismiss both Motions:
FreeBart
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STORY: "Timeline set for hearings in Barton McNeil case as he seeks new trial," by Reporter Edith Brady-Lunny, published by WGLT, on March 24, 2023. (Edith Brady-Lunny began her career as a reporter with The DeWitt County Observer, a weekly newspaper in Clinton. From 2007 to June 2019, Edith covered crime and legal issues for The Pantagraph, a daily newspaper in Bloomington, Illinois. She previously worked as a correspondent for The Pantagraph covering courts and local government issues in central Illinois.)
GIST: "Lawyers for Barton McNeil will present their case at a June 6 hearing, contending that evidence that McNeil's former girlfriend confessed to killing his daughter is relevant to his efforts to secure a new trial on murder charges.
Christina McNeil was 3 years old in June 1998 when her father discovered her lifeless body in a bedroom of his Bloomington apartment. McNeil was convicted of strangling the child in what authorities argued was an attempt by McNeil to cover up sexual abuse of the child.
Records on alternative suspect sought in Bart McNeil murder case
On Friday, Judge William Yoder set a timeline for court filings ahead of the June hearing on McNeil’s claim that Nowlin admitted to her ex-husband, Don Wang, that she killed the child.
McNeil’s lawyers with the Exoneration Project have filed affidavits from two women with information about the alleged confession.
In a separate court filing, the defense is seeking all materials related to the McNeil and Nowlin cases. Any investigative materials that may relate to Nowlin as a possible suspect in Christina’s death are among the items sought by McNeil’s legal team.
The affidavits are the only potential new evidence approved for a hearing, according to a ruling last year by Yoder on McNeil’s petition for a new trial.
The Chicago legal team contends a jury should consider new questions surrounding scientific evidence used at McNeil’s bench trial. The fact that Nowlin’s hair and DNA were found on the child’s recently laundered bedding also should be heard by jurors at a new trial, the defense has argued.
After the hearing, McNeil supporter Tom Gorman called the police investigation “a railroading job from the beginning and here we are 20 years later.”
Gorman, of Peoria, supports the use of conviction integrity units used in several states to review murder convictions. He suggests Illinois’ governor and attorney general take action to establish the units in Illinois."
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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