PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of scientific research showing how vulnerable suspects are to widely used interrogation methods such as the notorious ‘Reid Technique.’ As all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.
Harold Levy: Publisher; The Charles Smith Blog:
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PASSAGE OF THE DAY: "Geoff Hall paid tribute to former Newshub journalist Mike Wesley-Smith, whose investigation of the case uncovered new evidence, and, led to the involvement of investigator Tim McKinnel lawyer Nick Chisnall KC who worked on the case for four years. “It wasn’t just a job for them, it was a passion, and a belief in Alan. And boy did they deliver.” McKinnel, a former detective who also helped prove Pora’s innocence, said Hall had suffered 3 7 years of “outrageous injustice.” “The money can never, ever replace what Alan has had taken from him. “But it’s the largest compensation payment in New Zealand, ever, and I think that says it all.” However, it had never been about the money, McKinnel said, and proving Alan’s innocence was always the family’s goal. “And we’re there.” McKinnel said there were undoubtedly other people in New Zealand who had been wrongfully convicted, some who were still in prison. “I think we’re going to go through a period in the next several years where quite a few more of these cases emerge. “I’m aware of a few, I’m working on a couple, and I think that’s something that we, as a collective society, need to adjust to - that the justice system does get it catastrophically wrong sometimes.”
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PASSAGE TWO OF THE DAY: "Police said two investigations into the case - into who did kill Arthur Easton, and whether anyone is criminally culpable for Alan Hall’s wrongful conviction - were ongoing."
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STORY: "Alan Hall to get $5m compensation for wrongful murder conviction," by Reporter Mike White, published by 'Stuff', on August 18, 2023. (Mike White is a senior writer, specialising in longform features and investigations. He has been a journalist for 25 years, and has worked as a correspondent in Afghanistan, Pakistan and Iraq. Prior to working for Stuff, he spent 17 years as a senior writer with North & South magazine, where he won more than 20 national journalism awards, including the country's top award, the Wolfson Fellowship to Cambridge University. He is the author of two books.)
PHOTO CAPTION: "Alan Hall, who was convicted of murdering Arthur Easton, spent 19 years in jail for the crime. His conviction was quashed by the Supreme Court. Stuff followed Alan and his family during the process."
GIST: "Alan Hall, who was wrongfully convicted of murder and spent more than 18 years in prison will receive $5m compensation."
It is and comes a year after the Supreme Court quashed Hall’s conviction for murdering Arthur Easton in 1985, saying there had been a substantial miscarriage of justice.
In addition to his compensation, at a meeting this morning in Auckland the Government apologised to Hall, and acknowledged his innocence, following one of the most appalling miscarriages of justice in this country’s history.
Arthur Easton, a 52-year-old father of five, was stabbed with a bayonet in his Auckland home in October 1985. Two of his sons were also injured in the attack.
Hall, then 23, became the prime suspect two months later, after admitting he had owned a bayonet, and a woollen hat, like those left at the crime scene.
However, it was later revealed police deliberately altered the evidence of a crucial witness, failed to disclose other vital evidence and statements, and placed Hall, who has an intellectual disability, under extreme pressure during 23 hours of interviews, without a lawyer being present.
Despite this, and several appeals by Hall, it wasn’t until 2022 that the Crown accepted gross errors had been made in his case and the Supreme Court ruled Hall had been wrongfully convicted.
But by then, Hall had spent nearly two decades in prison, and the remaining time on parole, which severely restricted his freedom and opportunities.
After the Supreme Court judgement, Hall’s lawyers applied for compensation and former High Court judge Rodney Hansen KC was appointed to review Hall’s case.
Hansen ruled Hall was innocent on the balance of probabilities, and recommended he receive $4,933,725 in compensation for the time he spent in jail and on parole, lost earning potential and the costs of proving his innocence.
Hansen also advised the maximum amount be paid for “aggravating features” where there is misconduct, negligence, or bad faith in a prosecution and conviction.
When Hall’s conviction was quashed, the Supreme Court said his prosecution was the result of either extreme incompetence or a deliberate and wrongful strategy.
On Monday, Cabinet agreed to pay the full amount to Hall.
The previous highest wrongful conviction compensation payment in New Zealand was the $3.5m paid in 2017 to Teina Pora, who spent more than 20 years in prison for the rape and murder of Susan Burdett. Malcolm Rewa was subsequently convicted of the crimes.
Acting justice minister Deborah Russell has written to Hall saying: “On behalf of the Government, I apologise unreservedly for the devastating impact the wrongful convictions and imprisonment have had on your life.”
Russell and Justice Secretary Andrew Kibblewhite met with Hall, his family, and legal team this morning, to apologise to him and acknowledge his innocence.
Hall, 61, who was only released from prison 18 months ago, said he still hoped Arthur Easton’s real killer would be caught, though he worried it would remain a cold case.
The compensation money would be paid into a trust, but he hoped to buy a house.
A large cuckoo clock Hall recently saw in Australia would be one of his first purchases for that home.
Hall’s family has strongly supported him since he was accused of killing Easton.
His mother, Shirley, used part of the proceeds of selling the family home to pay for her son’s legal bills.
She died in 2012, without seeing his name cleared.
One of Hall’s brothers, Geoff, said he remembered his mother crying, worrying about Alan in prison.
“Now, I think they would be tears of joy,” Geoff said, “and she’d be just so proud of her son.”
Geoff said the compensation would help put Alan’s life back on track.
“But there’s certain things money can’t buy - that’s smiling, that’s friends, that’s laughter and joy.”
Geoff Hall paid tribute to former Newshub journalist Mike Wesley-Smith, whose investigation of the case uncovered new evidence, and, led to the involvement of investigator Tim McKinnel lawyer Nick Chisnall KC who worked on the case for four years.
“It wasn’t just a job for them, it was a passion, and a belief in Alan. And boy did they deliver.”
McKinnel, a former detective who also helped prove Pora’s innocence, said Hall had suffered 37 years of “outrageous injustice.”
“The money can never, ever replace what Alan has had taken from him.
“But it’s the largest compensation payment in New Zealand, ever, and I think that says it all.”
However, it had never been about the money, McKinnel said, and proving Alan’s innocence was always the family’s goal.
“And we’re there.”
McKinnel said there were undoubtedly other people in New Zealand who had been wrongfully convicted, some who were still in prison.
“I think we’re going to go through a period in the next several years where quite a few more of these cases emerge.
“I’m aware of a few, I’m working on a couple, and I think that’s something that we, as a collective society, need to adjust to - that the justice system does get it catastrophically wrong sometimes.”
Chisnall believed Hall’s future was positive.
“Alan is resilient. I think he makes what must be a painful and traumatic experience look better than most.
“And I think he just wants peace. He’s a man who’s got plans, and he now has the ability to fulfil them.”
Chisnall reminded people that the other victims in this were the Easton family who still didn’t know who killed their father.
“And I hope a robust investigation is underway that brings closure for the Eastons.”
The Easton family has been approached for comment.
Police said two investigations into the case - into who did kill Arthur Easton, and whether anyone is criminally culpable for Alan Hall’s wrongful conviction - were ongoing."
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;
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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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