Friday, September 22, 2023

Robert Roberson: Death Row; Texas: Prof. Patrick Barnes sends an urgent message to the U.S. Supreme Court in a commentary published by Bloomberg Law News: 'The law needs to keep up with science in Shaken Baby Syndrome cases.' In this commentary, the Stanford University Professor Emeritus urges the Supreme Court to intervene on behalf of Robert Roberson, who is on Texas’s death row based on evidence of shaken baby syndrome that Barnes and others have debunked…According to the National Registry of Exonerations, at least 30 people served years or decades in prison after convictions involving the SBS theory before being exonerated. But the law, in many cases, has not kept up with the science. Many experts who originally supported the SBS hypothesis, including me, believe we have a duty to help vacate convictions that are based on old and false assumptions. In one case, Robert Roberson, an innocent father, is facing execution in Texas for a crime that never occurred. This is why, together with 15 other leading physicians and scientists, I signed a friend-of-the-court brief urging the US Supreme Court to review or vacate Roberson’s conviction and death sentence. The high court will review the Roberson petition at its conference on Sept. 26."


PASSAGE OF THE DAY: "In 2002, Roberson’s daughter, Nikki, a chronically ill 2-year-old, had a high fever and undiagnosed pneumonia; she then suffered a short fall out of bed and Roberson brought her to the emergency room. Unaware that Roberson had autism, hospital staff judged his reaction to his daughter’s dire condition as indicating guilt. A doctor’s preliminary suspicion of SBS led to Roberson’s arrest for murder before Nikki’s autopsy was even performed. He was tried long before the evidence of pneumonia in her lung tissues was ever identified. As we explained in our brief, when Roberson was tried in 2003, SBS diagnoses were almost always based on the same triad of symptoms observed in Nikki: bleeding over the brain, brain swelling, and bleeding in the eyes. Unless the child’s parent or caretaker could explain the injuries by recourse to a major trauma like a car accident or fall from a multistory building, the medical consensus was that this triad could only mean that the baby had been shaken hard enough to produce whiplash forces. When Roberson was tried, we also believed that the child would become immediately unconscious upon the infliction of these injuries.  Therefore, it was assumed that whoever was with the child at the time of her collapse must have harmed the child. When the condition resulted in the child’s death, the triad was accepted as proof beyond a reasonable doubt of murder.  The medical presumption of child abuse was so strong that defense attorneys, including Roberson’s, did not challenge the SBS theory in those days."


—————————————————————————————————


STORY: "Law Needs to Keep Up With Science in Shaken Baby Syndrome Cases," by Professor Patrick D. Barnes published by Bloomberg Law, on September 21, 2023. (Patrick Barnes is professor of radiology, emeritus, in Pediatric Radiology & Neuroradiology at the Lucile Packard Children’s Hospital at Stanford University Medical Center.)


SUB-HEADING: "Stanford University Professor Emeritus Patrick Barnes urges the Supreme Court to intervene on behalf of Robert Roberson, who is on Texas’s death row based on evidence of shaken baby syndrome that Barnes and others have debunked."


GIST: "In 1997, I was an expert medical witness for the prosecution in the high-profile case of Louise Woodward, a British nanny prosecuted for allegedly causing the death of a baby in her care by violent shaking.


 For many Americans, this was the first time they had ever heard of shaken baby syndrome. 


Woodward was convicted of second-degree murder under the SBS hypothesis. 


Based on my own subsequent research and significant developments in scientific understanding, I would not give the same testimony again.


Over the past two decades, there has been a revolution in the understanding of internal pediatric head conditions, which has shown that numerous naturally occurring illnesses can affect a child in the manner previously attributed to SBS. 


My own extensive research was key to the evolution of the science and to discrediting SBS.


According to the National Registry of Exonerations, at least 30 people served years or decades in prison after convictions involving the SBS theory before being exonerated. 


But the law, in many cases, has not kept up with the science.


Many experts who originally supported the SBS hypothesis, including me, believe we have a duty to help vacate convictions that are based on old and false assumptions. 


In one case, Robert Roberson, an innocent father, is facing execution in Texas for a crime that never occurred.


This is why, together with 15 other leading physicians and scientists, I signed a friend-of-the-court brief urging the US Supreme Court to review or vacate Roberson’s conviction and death sentence.


 The high court will review the Roberson petition at its conference on Sept. 26.


In 2002, Roberson’s daughter, Nikki, a chronically ill 2-year-old, had a high fever and undiagnosed pneumonia; she then suffered a short fall out of bed and Roberson brought her to the emergency room.


Unaware that Roberson had autism, hospital staff judged his reaction to his daughter’s dire condition as indicating guilt.


 A doctor’s preliminary suspicion of SBS led to Roberson’s arrest for murder before Nikki’s autopsy was even performed.


 He was tried long before the evidence of pneumonia in her lung tissues was ever identified.


As we explained in our brief, when Roberson was tried in 2003, SBS diagnoses were almost always based on the same triad of symptoms observed in Nikki: bleeding over the brain, brain swelling, and bleeding in the eyes.


Unless the child’s parent or caretaker could explain the injuries by recourse to a major trauma like a car accident or fall from a multistory building, the medical consensus was that this triad could only mean that the baby had been shaken hard enough to produce whiplash forces.


When Roberson was tried, we also believed that the child would become immediately unconscious upon the infliction of these injuries. 


Therefore, it was assumed that whoever was with the child at the time of her collapse must have harmed the child.


 When the condition resulted in the child’s death, the triad was accepted as proof beyond a reasonable doubt of murder. 


The medical presumption of child abuse was so strong that defense attorneys, including Roberson’s, did not challenge the SBS theory in those days.


Since Roberson’s trial, my research and research by others have established that the presence of the triad is not presumptive proof of abuse. 


We now know that many illnesses, like Nikki’s pneumonia, medical disorders, and accidents, including short falls like the one Nikki experienced, can cause the same constellation of symptoms.


In Nikki’s case, the combination of her undiagnosed pneumonia, the medications she was prescribed, and her accidental fall fully explain her condition and death.


 Although the foundations of SBS have been debunked, parents and caregivers who were wrongfully convicted remain in prison or, in Roberson’s case, even face the prospect of execution.


Notably, A. Norman Guthkelch, a British pediatric neurosurgeon whose 1971 paper first posited the SBS hypothesis, later reviewed a number of cases where defendants claimed their innocence.


 Guthkelch was struck by the high proportion of cases in which the child had a history of illnesses, indicating their injuries were the result of natural causes, not abuse. 


In 2015, shortly before his death, Guthkelch told the Washington Post, “I am doing what I can so long as I have a breath to correct a grossly unjust situation.”


Over the last two decades, courts in at least 12 states, including Alaska, Nevada, North Carolina, Ohio, and Wisconsin, have overturned SBA-based convictions or rejected the outdated science.

The Texas courts reviewing Roberson’s case did not follow this trend. 


Even though the Texas legislature passed a statute to allow courts to revisit flawed convictions based on false or misleading scientific evidence, the courts in Roberson’s case disregarded unrebutted scientific evidence showing that the SBS premises conveyed to his jury as scientific “fact” have since been debunked.


The courts also disregarded compelling evidence that Nikki died of natural and accidental causes.


When the lower courts refuse to consider the current state of the science, the Supreme Court must intervene, especially when the life of an innocent man is at stake.


The case is Roberson v. Texas, US, No. 22-7546, (conference scheduled 9/26/23).


This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners."


The entire story can be read at: 


https://news.bloomberglaw.com/us-law-week/law-needs-to-keep-up-with-science-in-shaken-baby-syndrome-cases

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-1234880143/

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

Maya Kowalski: Lawsuit against Johns Hopkins All Childrens Hospital: The Daily Mail (Reporter Aneeta Bhole) reports that"Netflix's 'Take Care of Maya' teenager Maya Kowalski broke down in court as her attorney detailed her mother's suicide after she was accused of Munchausen-by-proxy…"Greg Anderson, who is part of the Kowalski's legal representation, revealed during his opening statement on Thursday, in excruciating detail, the moment Maya's mother, Beata, took her own life. Attempting to hold back tears, Maya could be seen releasing her anguish as Anderson described the day the family found Beata hanging in the family garage with a makeshift noose made of belts. 'Beata was trying everything legal, social, every possible way to get her child out and her child was not coming out,' Anderson told the jury referring, to her being housed at the hospital. He explained to the Jury that they'll see evidence of two suicide notes, and pictures revealing the harrowing moments after Beata was found by her brother. 'It took about 22 minutes according to pathologists to strangle to death, to kick the stand out from under her,' Anderson continued as Maya silently wept behind him. Anderson explained that Maya's father, Jack, and her brother, Kyle, had thought Beata was in another room sleeping 'because they weren't getting along' at the time. It wasn't until the next morning that Beata's brother discovered her hanging corpse, first believing it to be a 'Halloween decoration' before looking closer and realizing its his sister.' Anderson explained to the jury that they will hear evidence to support their claims and the Kowalski's desperate attempts to bring her home from the hospital. 'After that Jack says let my daughter go. If Beata is the big reason here, if she [has] Munchausen-by-proxy, why keep Maya [now that she's dead],' he stated before the court. 'It takes another week and a half and Maya is actually told in the hospital that her mom is dead."


PASSAGE OF THE DAY: "In a previous interview, Greg Anderson, who is also part of Kowalski's legal team, said: 'One of the most startling injuries which will come out at trial is the exacerbation of Maya's CRPS (Complex Regional Pain Syndrome HL) as a result of Johns Hopkin's malpractice in misdiagnosing CRPS as Munchausen-by-proxy.' The condition is a mental illness and a form of child abuse in which the caretaker of a child, most often a mother, either makes up fake symptoms or causes real symptoms to make it look like the child is sick. During Maya's stay at the hospital, it's claimed she was videotaped for 48 hours and, in another occasion, stripped down to her underwear and photographed with the permission of a guardian or the dependency court.  Hospital employees also refused to let Maya's parents take their daughter to another hospital before the state intervened, according to the lawsuit."


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


STORY: "Netflix's 'Take Care of Maya' teenager Maya Kowalski breaks down in court as attorney details mom's suicide after she was accused of Munchausen-by-proxy in trial against Johns Hopkins All Children's Hospital," by Aneeta Bhole, published by The Daily Mail, on September 22, 2023. Key Points:

  • Opening statements were delivered to a jury in the trial between the Kowalski family and Johns Hopkins All Children's Hospital on Thursday
  • Jack Kowalski, on behalf of his children Maya and Kyle and the estate of his late wife Beata, is suing the facility for $220 million for alleged malpractice
  • The family detailed their experience in a Netflix documentary. Now, five years later - the civil trial is underway at the South County Courthouse in Venice 

GIST: Netflix teen Maya Kowalski broke down in court as her attorney detailed her mom's suicide after she was accused of Munchausen-by-proxy in a trial between the family and Johns Hopkins All Children's Hospital.


Maya Kowalski, 17, was placed into state custody for three months after doctors at the Florida facility raised concern that her parents were faking symptoms of her debilitating complex regional pain syndrome.


Florida's Department of Children and Families and a state judge supported hospital staff's suspicions of 'child medical abuse' and placed Maya under Florida's Department of Children and Families' custody and she was housed at the center.


Greg Anderson, who is part of the Kowalski's legal representation, revealed during his opening statement on Thursday, in excruciating detail, the moment Maya's mother, Beata, took her own life.


Attempting to hold back tears, Maya could be seen releasing her anguish as Anderson described the day the family found Beata hanging in the family garage with a makeshift noose made of belts.


'Beata was trying everything legal, social, every possible way to get her child out and her child was not coming out,' Anderson told the jury referring, to her being housed at the hospital. 


He explained to the Jury that they'll see evidence of two suicide notes, and pictures revealing the harrowing moments after Beata was found by her brother.


'It took about 22 minutes according to pathologists to strangle to death, to kick the stand out from under her,' Anderson continued as Maya silently wept behind him.


Anderson explained that Maya's father, Jack, and her brother, Kyle, had thought Beata was in another room sleeping 'because they weren't getting along' at the time.


It wasn't until the next morning that Beata's brother discovered her hanging corpse, first believing it to be a 'Halloween decoration' before looking closer and realizing its his sister.'


Anderson explained to the jury that they will hear evidence to support their claims and the Kowalski's desperate attempts to bring her home from the hospital.


'After that Jack says let my daughter go. If Beata is the big reason here, if she [has] Munchausen-by-proxy, why keep Maya [now that she's dead],' he stated before the court.


'It takes another week and a half  and Maya is actually told in the hospital that her mom is dead.'


Howard Hunter, who is part of the legal counsel for Johns Hopkins All Children's Hospital, addressed the court countering claims requesting the jury to hold back their decision until hearing 'all the evidence.'


'You'll see doctors rotating as corporate representatives during the trial they've asked to do that for the purpose of being part of the effort to defend the hospital in this matter,' Hunter explains.


'The hospital, after all, is not just a big pile of bricks and mortar it's the doctors and nurses, people and professionals who run it, so we're here representing them.'


Hunter began to detail the moment when the Kowalski's sought out care for Maya they laid out that the defense will lay out facts that support the care was 'reasonable, necessary and appropriate.'


'We're going to suggest to  you the evidence that I'm going to discuss with you will show that the treatment that went before did not necessarily fall into that category, any of those three categories and that is one of the big reasons we're here today,' Hunter said.


'As of the time Maya Kowalski was discharged [from JHACH] we believe that in fact she had been set on a path of therapy that has enabled her to resume function.


'To get out of a wheelchair, to be relatively pain-free and to be in a situation of participating in her school and in society as she does today.'


The family detailed their harrowing experience in the explosive Netflix documentary Take Care of Maya, which was released June 19. 


The civil trial started in the South County Courthouse in Venice, Florida, last week with jury selection and is expected to take up to eight weeks.


The details covered in the widely-circulated Netflix documentary 'Take Care of Maya' made last week's jury selection unique. 


Rather than a courtroom full of prospective jurors, a more private selection process was taken in an effort to keep jury tainting to a minimum. 


In addition to damages, Judge Hunter Carroll ruled that the jury can consider awarding punitive damages for battery and false imprisonment - if they side with the Kowalski family.


AndersonGlenn LLP, who launched the lawsuit on behalf of the Kowalski family exclusively told DailyMail.com that the family seeks $55 million in compensatory and $165 million in punitive damages.


Jennifer Anderson told DailyMail.com at the start of the trial: 'Everyone is relieved we finally get our time in court. [They have started] jury selection today.'


In a previous interview, Greg Anderson, who is also part of Kowalski's legal team, said: 'One of the most startling injuries which will come out at trial is the exacerbation of Maya's CRPS as a result of Johns Hopkin's malpractice in misdiagnosing CRPS as Munchausen-by-proxy.'


The condition is a mental illness and a form of child abuse in which the caretaker of a child, most often a mother, either makes up fake symptoms or causes real symptoms to make it look like the child is sick.


During Maya's stay at the hospital, it's claimed she was videotaped for 48 hours and, in another occasion, stripped down to her underwear and photographed with the permission of a guardian or the dependency court. 


Hospital employees also refused to let Maya's parents take their daughter to another hospital before the state intervened, according to the lawsuit.


The hospital released a statement to DailyMail.com which read: 'Our priority at Johns Hopkins All Children's Hospital is always the safety and privacy of our patients and their families. 


'Therefore, we follow strict federal privacy laws that limit the amount of information we can release regarding any particular case. 


'Our first responsibility is always to the child brought to us for care. Our staff are required by law to notify Florida's Department of Children and Families (DCF) if they suspect abuse or neglect. 


'It is DCF and a judge – not Johns Hopkins All Children's Hospital – that investigates the situation and makes the ultimate decision about what course of action is in the best interest of the child. 


'We are determined to prevent any chilling effect on the obligation to report suspected child abuse in order to protect the most vulnerable among us.' 


Catherine Bedy, a former All Children's hospital social worker, is also named as a defendant in the case. A filing on Monday, after jury selection had already started, removed Bedy as a defendant, according to Court TV, a reason has not been given.


A second abuse report was made by Sally Smith, the former child protective medical director for Pinellas, who conducted an investigation into Maya's case. She has since retired and settled with the Kowalski family" class="blkBorder img-share" 


Ethen Shapiro, who is part of the hospital's legal team, previously cited 3,000 plus partial depositions and transcripts connected to the case - which he provided to DailyMail.com - claiming they 'contradict the Netflix narrative.'


'There are hundreds of publicly available court documents that completely contradict the Netflix narrative,' said Shapiro slamming the documentary.


The hospital's defense is expected to center on staff status as mandatory reporters required by state law to call the abuse hotline if they have 'reasonable cause' the Tampa Bay Times reported.


Shapiro previously said that the decision to shelter Maya at the hospital was not made by the hospital but the state's child welfare system.


The Kowalski family's story was launched onto the national stage after the release of the damning Netflix documentary.


The documentary has also raised concern about Florida's Department of Children's role in the case.


A second abuse report was made by Sally Smith, the former child protective medical director for Pinellas, who conducted an investigation into Maya's case.


Smith had been employed by Suncoast Center, a nonprofit contracted by the Florida Department of Health. She retired in July 2022.


She and the nonprofit, who were originally named as defendants, settled with the Kowalski family, according to The Cut.'


The entire story can be read at:


https://www.dailymail.co.uk/news/article-12546065/Netflix-Maya-Kowalski-Beata-suicide-Munchausen-trial-Johns-Hopkins-Childrens-Hospital-Florida.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-1234880143/

———————————————————————

Danyel Smith: Georgia; All eyes should be on this Shaken Baby Syndrome case: As Investigative Reporter Andy Poerotti reports on 'Atlanta News First', although prosecutors have offered him a way out of the life sentence he received after being convicted of murdering his son, he is maintaining his innocence and recently turned down a deal which would enable his release from prison. His next hearing is set for September 27:.."The state’s medical examiner ruled the boy’s death a homicide, caused by blunt force trauma. Prosecutors told the Gwinnett County jury in 2003 it was a “Shaken Baby Case.” Smith was 28 and, until then, had no prior criminal record. In October, Loudon-Brown argued before Georgia’s Supreme Court to request a hearing to introduce new medical evidence he said will prove Smith’s innocence. That evidence is testimony from Dr. Saadi Ghatan, a pediatric neurosurgeon at Mount Sinai Hospital in New York. After reviewing the child’s medical records, Ghatan believes Chandler didn’t die from shaking, but from trauma during birth. Dispatch records show two weeks before Chandler’s death, his mother called 911 after she thought the child “was coming in and out of a seizure.” Chandler was born premature at 36 weeks. Paramedics dismissed her concerns, saying the “baby was just having hiccups.” In an interview with investigators shortly after the boy’s death, Chandler’s mother praised Smith, calling him “Mr. Mom” who “takes good care of the baby.”


PASSAGE OF THE DAY: "The state’s medical examiner ruled the boy’s death a homicide, caused by blunt force trauma. Prosecutors told the Gwinnett County jury in 2003 it was a “Shaken Baby Case.” Smith was 28 and, until then, had no prior criminal record. In October, Loudon-Brown argued before Georgia’s Supreme Court to request a hearing to introduce new medical evidence he said will prove Smith’s innocence. That evidence is testimony from Dr. Saadi Ghatan, a pediatric neurosurgeon at Mount Sinai Hospital in New York.  After reviewing the child’s medical records, Ghatan believes Chandler didn’t die from shaking, but from trauma during birth. Dispatch records show two weeks before Chandler’s death, his mother called 911 after she thought the child “was coming in and out of a seizure.” Chandler was born premature at 36 weeks. Paramedics dismissed her concerns, saying the “baby was just having hiccups.” In an interview with investigators shortly after the boy’s death, Chandler’s mother praised Smith, calling him “Mr. Mom” who “takes good care of the baby.”

——————————————————————————————


STORY: "DA offers plea to man convicted of killing his infant son. But there’s a catch," by Reporter Andy Pierrotti, published by DNF, on September 19, 2023. (Andy Pierrotti is an award-winning investigative reporter recognized with a George Foster Peabody, multiple Emmy and Edward R. Murrow awards. Andy’s investigations have changed state laws, put people in prison, freed a man from jail and led to historic state fines. Most of Andy's stories focus on government accountability and consumer advocacy, with an emphasis on tracking viewers' tax dollars, safety, health and well-being.)


SUB-HEADING: "Danyel Smith is serving a life sentence for murdering his infant son. He maintains his innocence, and recently turned down an effort to be released from prison."


 GIST: "When a Gwinnett County jury convicted Danyel Smith of murdering his infant son in 2003, there was little chance he would leave prison alive. A judge sentenced him to life behind bars.


But 21 years later, Smith received a rare opportunity to go home.


In March 2023, the district attorney’s office offered to set him free ... but, there was a catch. 


Smith had to plead guilty to voluntary manslaughter, cruelty to children and write an apology letter admitting guilt.


Smith declined.


“This plea offer was a ticket out of jail, a ticket out of prison, a ticket home and he said, ‘No, I’m not going to admit to something I didn’t do. I didn’t kill my child,’” said Mark Loudon-Brown, Smith’s attorney who works for the Southern Center for Human Rights.


Smith’s fiancé, Latasha Pyatt, stands by his decision. The couple started dating in 2015, but have never met outside prison walls.


“He’s just always said, ‘Baby, I’m not taking this because I didn’t do anything to hurt my son,’” said Pyatt.


The deal also would have required Smith to be under probation while out of prison. 


According to Pyatt, Smith said supervision would have felt being a prisoner in his own home and isn’t worth admitting guilt. “We’re a family of faith,” she said. “I know we’ve gotten this far because of our faith in God.”


It’s a belief Smith will one day be freed, despite serving life in prison for killing his son, Chandler.


The state’s medical examiner ruled the boy’s death a homicide, caused by blunt force trauma. 


Prosecutors told the Gwinnett County jury in 2003 it was a “Shaken Baby Case.” Smith was 28 and, until then, had no prior criminal record.


In October, Loudon-Brown argued before Georgia’s Supreme Court to request a hearing to introduce new medical evidence he said will prove Smith’s innocence.


That evidence is testimony from Dr. Saadi Ghatan, a pediatric neurosurgeon at Mount Sinai Hospital in New York. 


After reviewing the child’s medical records, Ghatan believes Chandler didn’t die from shaking, but from trauma during birth.


Dispatch records show two weeks before Chandler’s death, his mother called 911 after she thought the child “was coming in and out of a seizure.” Chandler was born premature at 36 weeks.


Paramedics dismissed her concerns, saying the “baby was just having hiccups.” In an interview with investigators shortly after the boy’s death, Chandler’s mother praised Smith, calling him “Mr. Mom” who “takes good care of the baby.”


Dr. Ghatan’s testimony could mirror the findings in a Atlanta News First Investigates’ ongoing series Flawed Forensics, which has shed light into how old science once showed pediatric traumatic brain injuries could only be explained with blunt force trauma, like car accidents, falls or violently shaking a child.


 Decades later, science now shows those same injuries can be also linked to illness and biological issues, like seizure disorders.


Georgia man declines to be released from prison

“Today, shaken baby syndrome is a diagnosis of exclusion. 


Today, it is a diagnosis that never would have been made,” Loudon-Brown told the justices during oral arguments.


Gwinnett County Assistant District Attorney Christopher DeNeve opposes the request for a hearing. He does not think Dr. Ghatan’s testimony is new evidence. “He’s shown nothing to show due diligence in this case,” DeNeve told justices.


The Georgia Supreme Court disagreed with the prosecutor this past December and ordered a Gwinnett County judge to hold a future hearing to allow Dr. Ghatan to testify. It has not been scheduled yet.


About three months later, the district attorney’s office offered Smith the deal. Because he declined the offer, Smith’s freedom now hinges on a legal battle for a new trial and potentially banning the district attorney from further prosecuting the case.


Later this month, Gwinnett County Superior Court Judge Ronnie Batchelor could decide to recuse the entire district attorney’s office from the case after Loudon-Brown claims DeNeve inappropriately tried to negotiate a plea deal through Pyatt, instead of Smith’s defense attorneys.


“A prosecutor can’t just call a represented defendant and say ‘Hey man, what’s going on?’ You can’t do that,” said Loudon-Brown. “So, to try to circumvent that, by going through Mr. Smith’s fiancé, arguably his closest confidant, is just as bad.”


The hearing to consider recusing the DA is scheduled for September 27.


The DA’s office declined requests for an interview, but said it did nothing wrong when it spoke with Smith’s fiancé without his attorney present.


“Our position is that our office acted appropriately in speaking with the witness Ms. Pyatt about the statements and documents she provided to the previous administration showing that Danyel Smith expressed remorse for his actions regarding the death of the infant Chandler Smith while seeking parole for his murder conviction,” DeNeve said.


For now, Smith will remain in prison, hoping he’ll be exonerated one day through a new trial."


The entire story can be read at:

https://www.atlantanewsfirst.com/2023/09/19/hes-prison-murder-his-infant-son-now-theres-deal/

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-1234880143/

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

Anti-trans laws: HuffPost (Reporter Molly Redden) wades into 'The cottage industry of experts paid to defend anti-trans laws, noting that, "Their purpose is to convince judges that gender-affirming care is scientifically controversial, unnecessary and dangerous — and they're increasingly having an impact."…Some of the most prominent witnesses were recruited by the Alliance Defending Freedom, a conservative legal powerhouse whose mission is to realize a country governed by far-right Christian values. And many share ADF’s extreme antipathy toward LGBTQ+ people. “They’re hired guns,” said Omar Gonzalez-Pagan, a lawyer for the LGBTQ+ rights group Lambda Legal who has faced Hruz and his cohorts in several cases. “These are not real experts. They’re manufactured as experts by the opponents of transgender rights.” Still, for a rate of hundreds of dollars an hour, they can lend a sheen of scientific rigor to school bathroom restrictions and bans on gender-affirming care. And they are increasingly having an impact. On Aug. 25, a Missouri judge temporarily upheld the state’s four-year ban on most gender-affirming treatments for minors, writing, “The science and medical evidence is conflicting and unclear.”


QUOTE OF THE DAY: "And in the meantime, these experts have helped block medically necessary care for thousands of trans people around the country. “They’re wasting their time and their energy and money trying to convince me and people like me we aren’t who we say we are, and we aren’t who we feel we are,” said Dylan Brandt, a high school senior and the lead plaintiff challenging Arkansas’ first-in-the-nation ban on gender-affirming care for trans minors. “I’ve known for a long time exactly who I am, and I am so much happier now that I can express and show who I am. For people to be trying so hard and using so much time and effort to stop me — that’s hard.”

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

PASSAGE  ONE OF THE DAY; "For years, these experts have struggled to establish their credibility in court. Judges have found their testimony to be “biased,” “illogical,” “conspiratorial” or based on fabrication, or tossed their testimony in its entirety for having no basis in research. More than a dozen major U.S. medical associations have endorsed gender-affirming care as medically necessary, including for adolescents. Florida Gov. Ron DeSantis’ administration enlisted nearly every expert witness of note to craft and defend a 2022 state ban on Medicaid coverage for transition care.  Yet all the witnesses combined, in the words of U.S. District Judge Robert Hinkle, could muster “no evidence that these treatments have caused substantial adverse clinical results in properly screened and treated patients.” Hinkle struck the ban down in June. But for the first time, other courts have begun to buy their arguments."

———————————————————————————————

PASSAGE TWO OF THE DAY: "Courts place few restrictions on who can serve as an expert witness, as long as their testimony is relevant and soundly reasoned.  The bar is low enough that groups suing to overturn anti-trans laws rarely challenge these experts’ ability to testify. But when they do, courts have discounted their testimony in about half of cases. “Hruz fended and parried questions and generally testified as a deeply biased advocate, not as an expert sharing relevant evidence-based information and opinions,” Judge Hinkle wrote when he blocked Florida’s Medicaid ban.  Another judge called his testimony “conspiratorial.” Levine has had parts of his testimony struck several times, including for relying on a fabricated anecdote."


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

STORY: "Inside The Cottage Industry Of ‘Experts’ Paid To Defend Anti-Trans Laws:  Their purpose is to convince judges that gender-affirming care is scientifically controversial, unnecessary and dangerous — and they're increasingly having an impact," by Reporter Molly Redden, published by Huffpost, one September 15, 2023.     (Molly Redden is a senior politics reporter for HuffPost. Before joining HuffPost, she covered gender issues as a senior reporter for the Guardian US and was a staff writer for Mother Jones and the New Republic. She is based in New York.)  

GIST; "Kim Hutton was leading a charge to bring gender-affirming care to the Washington University School of Medicine in St. Louis when she agreed to get lunch with a skeptic. 


She met Dr. Paul Hruz, a pediatric endocrinologist at the university, in October 2013 at a cafe near campus, hoping that if she shared her struggles to find suitable health care for her young trans son, he would change his mind.

But Hruz was not there to listen.


No sooner did she sit down than he launched into a breathless lecture on “God’s plan” for her son. “I can’t begin to count the number of times he said, ‘If only you will read the writings of Pope John Paul II on gender, you will understand,’” she recalled.


Hruz made it clear he would try everything in his power to stop the medical school’s new gender clinic. 


When Hutton pleaded that trans kids were more likely to have suicidal thoughts without affirming care, he replied, “Some children are born into this world to suffer and die.”


Washington University started the gender clinic despite Hruz’s efforts. But as the assault on trans rights intensifies nationwide, he has come to play a pivotal role, and a lucrative one.


Hruz is part of a small but prolific roster of expert witnesses who crisscross the country to testify in defense of anti-trans laws and policies facing a legal challenge. Pulling ideas from the fringes of medicine, their purpose is to convince judges that gender-affirming care is scientifically controversial, unnecessary and dangerous.


Most, like Hruz, practice medicine in a field related to gender-affirming care — such as psychiatry or endocrinology — but have treated only a handful of adolescent patients for gender dysphoria, if that, and haven’t published relevant research. Several belong to openly anti-trans groups and have urged state legislatures to pass the very laws they get paid to defend.


Some of the most prominent witnesses were recruited by the Alliance Defending Freedom, a conservative legal powerhouse whose mission is to realize a country governed by far-right Christian values. And many share ADF’s extreme antipathy toward LGBTQ+ people.


“They’re hired guns,” said Omar Gonzalez-Pagan, a lawyer for the LGBTQ+ rights group Lambda Legal who has faced Hruz and his cohorts in several cases. “These are not real experts. They’re manufactured as experts by the opponents of transgender rights.”


Still, for a rate of hundreds of dollars an hour, they can lend a sheen of scientific rigor to school bathroom restrictions and bans on gender-affirming care.


And they are increasingly having an impact. On Aug. 25, a Missouri judge temporarily upheld the state’s four-year ban on most gender-affirming treatments for minors, writing, “The science and medical evidence is conflicting and unclear.”


“These are not real experts. They’re manufactured as experts by the opponents of transgender rights.”

HuffPost scoured thousands of pages of court filings and dozens of state vendor databases and filed more than 40 public records requests to get a full picture of their growing cottage industry. 


The search revealed that these expert witnesses routinely pull down five figures in return for just a few weeks of work. Since 2016, state and local governments have spent more than $1.1 million on expert testimony, much of it going to just six go-to witnesses.


Some states also hired high-priced outside legal teams, at a cost of another $6.6 million. The University of North Carolina hired the conservative legal giant Jones Day for up to $1,075 an hour after becoming embroiled in the state’s 2016 bathroom ban.


All these figures likely undercount the true cost by at least half: Out of more than three dozen state and local agencies that defended anti-trans laws in court, fewer than 20 disclosed their spending.


For years, these experts have struggled to establish their credibility in court. Judges have found their testimony to be “biased,” “illogical,” “conspiratorial” or based on fabrication, or tossed their testimony in its entirety for having no basis in research.


 More than a dozen major U.S. medical associations have endorsed gender-affirming care as medically necessary, including for adolescents.


Florida Gov. Ron DeSantis’ administration enlisted nearly every expert witness of note to craft and defend a 2022 state ban on Medicaid coverage for transition care.


 Yet all the witnesses combined, in the words of U.S. District Judge Robert Hinkle, could muster “no evidence that these treatments have caused substantial adverse clinical results in properly screened and treated patients.” Hinkle struck the ban down in June.


But for the first time, other courts have begun to buy their arguments. Fortified by a belief that attacking trans people is “a political winner,” in 2023, state lawmakers, mostly Republicans, have introduced more than 550 new bills assailing trans health care and legal recognition. 


Not only are the experts having their busiest year as a result, but they have notched several critical successes.


In July, a 6th U.S. Circuit Court of Appeals panel allowed Tennessee’s ban on gender-affirming care to remain in place while a legal challenge proceeds.


 In August, an 11th U.S. Circuit Court of Appeals panel reinstated Alabama’s ban on puberty blockers and hormone therapy for trans youth.


The courts, applying the same reasoning the Supreme Court used to overturn Roe v. Wade, ruled transgender care is not constitutionally protected and that states only need some rationale to regulate it. 


The expert witnesses were key to cultivating the impression that the medical community is divided. “The medical and regulatory authorities are not of one mind about using hormone therapy to treat gender dysphoria,” wrote the 6th Circuit panel.


The rulings increase the odds of a split among the circuit courts and the likelihood that the Supreme Court will eventually take up the issue of gender-affirming care.


And in the meantime, these experts have helped block medically necessary care for thousands of trans people around the country.


“They’re wasting their time and their energy and money trying to convince me and people like me we aren’t who we say we are, and we aren’t who we feel we are,” said Dylan Brandt, a high school senior and the lead plaintiff challenging Arkansas’ first-in-the-nation ban on gender-affirming care for trans minors.


“I’ve known for a long time exactly who I am, and I am so much happier now that I can express and show who I am. For people to be trying so hard and using so much time and effort to stop me — that’s hard.”


A Group Of Outliers

Besides Hruz, the core group of experts includes James Cantor, a Canadian psychologist; Stephen Levine, a clinical psychiatrist whom prisons often enlist when they are facing pressure to provide gender-affirming care; Patrick Lappert, a former plastic surgeon, who has said he considers gender-affirming surgery “diabolical in every sense of the word”; Michael Laidlaw, an endocrinologist who has urged lawmakers to criminalize gender-affirming care; and Quentin Van Meter, a pediatric endocrinologist and the former head of the anti-LGBTQ+ American College of Pediatricians.


This ragtag group of outliers did not find their way into the courtroom at random. 


Dismayed at the “poverty of people who are willing to testify” in defense of anti-trans laws, according to Lappert, the Alliance Defending Freedom, one of the most formidable forces on the religious right, held a conference in Arizona in 2017 to identify potential recruits.


 Lappert, who later described the conference in a deposition, Hruz, Van Meter and a California family physician named Andre Van Mol all attended and became go-to witnesses soon afterward. A few years later, the ADF enlisted Cantor to his first case — a lawsuit brought by another expert witness who claimed his university fired him for his courtroom work.


ADF’s recruitment effort paid off right away. 


Around the same time as the conference, Ashton Whitaker, a 16-year-old transgender boy, became one of the first students to sue over his school’s bathroom ban. 


An administrator at his high school, part of Wisconsin’s Kenosha Unified School District, had gone so far as to suggest he wear a bright green wristband so teachers could monitor his restroom use, the lawsuit said.


“They’re wasting their time and their energy and money trying to convince me and people like me we aren’t who we say we are, and we aren’t who we feel we are.”

- Dylan Brandt, the lead plaintiff challenging Arkansas' ban on gender-affirming care for adolescents


The legal team Kenosha hired spent months poring over past cases and medical journals for potential expert witnesses, according to records obtained by HuffPost — a search that produced little more than several thousands in legal bills and a list of people who seemed “likely favorable” toward the ban. 


Then a lawyer reached out to the Alliance Defending Freedom, and Kenosha finally retained an expert: Hruz.


ADF plays a central role in the mounting backlash to LGBTQ+ rights — the witness roster is just one piece. 


The group, envisioned by its founder as a “Christian legal army,” has a $104 million annual budget and drives impact litigation around the country. 


On gender issues, it has helped organize a diffuse group of reactionary and religious-right lawmakers, lawyers and activists into a sprawling working group that trades model legislation, coordinates PR campaigns and fine-tunes bills to withstand legal challenges, a recent Mother Jones investigation found.


Several of the expert witnesses are active members of the working group, such as Laidlaw. Emails leaked to Mother Jones show he told lawmakers that gender-affirming surgical procedures are “crimes waiting to be recognized and codified into law.”


Kenosha lost its trial and a subsequent appeal. 


After that, ADF began closely coordinating with Kenosha’s legal team to try to appeal the case before the U.S. Supreme Court.


 They spent weeks strategizing on the legal approach and amicus briefs before the district ultimately chose to settle.


Opponents of trans rights lost most of their early legal battles in the late 2010s and early 2020s — Kenosha was just one.


 But the new cadre of experts has no shortage of work.


 Although their No. 1 assignment today is to defend bans on gender-affirming care for minors — these target puberty blockers and hormone therapy — the core group of experts has defended every variety of anti-trans policy under the sun, from school sports and bathroom bans to orders to investigate parents for child abuse if they support their child’s transition, to bans on gender-affirming care for adults.


The most prolific is Cantor, the Canadian psychologist, who has been a witness in 24 cases total, 11 this year alone. 


Close behind are Levine, who has been a witness in at least a dozen challenges to anti-trans laws and is the only defense witness with substantial experience treating transgender people, and Hruz.


Most of them bill between $200 and $650 an hour — which is standard for an expert trial witness — for writing reports, giving depositions and trial testimony, and traveling. When Cantor testifies in person versus over video, he said in an interview, he usually earns an extra $10,000 for traveling and waiting his turn in the courtroom.


In Brandt v. Rutledge, the case in which Dylan Brandt is the plaintiff, Arkansas paid Hruz, Lappert and Levine more than $40,000 apiece, records show. (“Yes, I find it pays well, but not nearly as well as your information suggests,” Levine said in an email.)


Mark Regnerus, a sociologist who testified, pocketed $57,062. Regnerus is a veteran of the expert witness circuit, having previously testified that children of same-sex couples grow up at a disadvantage in defense of bans on same-sex marriage.


 Hruz, a few months after he submitted his expert report to Arkansas, sold a “nearly identical” version to North Carolina, court records show.


“It’s not a difficult job for $200, $300, $400 an hour,” said Carl Charles, a senior attorney at Lambda Legal. But few are willing to do it, he speculated, because “These bills do real harm to young people and to their families, and I think doctors take that pretty seriously.”


Cantor, the Canadian psychologist, does not share the religious mission of groups like ADF. 


He credits “his inner Vulcan” for his ability to testify in cases that involve banning a 10-year-old trans girl from playing on the girls’ softball team or stopping adults from correcting their gender on their government documents, to name two recent examples.


“When I first started getting contacted by these groups, it was a long, hard conversation I had to have with myself,” he said. “It’s not up to me, I ultimately decided, what society does. That’s up to society.”


Although he has defended more policies involving trans kids than any other expert, Cantor has never counseled a transgender child or teenager. 


He has never carried out original research involving trans people, either. 


His expertise is in paraphilia: abnormal sexual desires, such as pedophilia. And he has acknowledged in court that gender dysphoria — the distress a person feels when they don’t identify as their sex assigned at birth — is not a form of paraphilia.


In a 2022 deposition over West Virginia’s ban on trans girls playing in school sports, Cantor failed to recall the names of any puberty-blocking drugs: “Oh, I couldn’t tell them to you by name so much as by function,” he said. “I’ve always been bad with names,” Cantor told me. 


“These drugs have had different names in different countries at different times.”


Cantor believes his lack of direct experience allows him to evaluate the field dispassionately.

“The best analogy I have is that, if you want to know if fortunetelling is valid, you’re not going to find that out by just asking the fortunetellers,” he said.


A deposition he gave last summer defending Indiana’s ban on trans girls playing girls’ sports suggests he does not believe trans adolescents are really trans, but are primarily either gay, young and “mistak[ing] the emotions that they’re having” for gender dysphoria, or have autogynephilia, an outlier theory holding that some trans women are merely aroused by the thought of themselves as a woman.


“It’s just a different phenomenon that only looks similar superficially” in children, he said in our interview.


He also argues that studies “consistently, even unanimously” find that the majority of youth who identify as trans stop doing so after a few years. 


But many of the sources he has cited aren’t studies of trans kids: In multiple examples, the researchers didn’t differentiate between kids who consistently and persistently identified as trans and kids who just behaved in ways associated with the opposite gender.


 Several studies are decades old and have research topics like “the sissy boy syndrome.”


More recent research finds very low rates of detransitioning among children who socially transitioned, and for reasons that include social pressure and a lack of parental support.


Cantor earned $23,400, he said, defending Texas Gov. Greg Abbott’s notorious directive to investigate the parents of children who receive gender-affirming care for child abuse. 


In the case over Alabama’s ban on gender-affirming care for minors, he earned $52,400. 


Because of his lack of experience treating trans youth, the judge in that case, Liles C. Burke, a Trump appointee, ruled that Cantor’s testimony held “very little weight” and blocked the ban from taking effect. 


A dozen states have nevertheless asked him to be an expert witness since that May 2022 ruling. The 11th Circuit Court of Appeals reversed Burke’s ruling a few days after we spoke.


“The question in the back of people’s heads is, is he only saying this for the money?” Cantor said in our interview. “If my assessment of the literature was the other way around, I’d be working from the other side. It wouldn’t make a difference. So it’s good that I’m getting paid, right?”


Levine declined to be interviewed because he is an expert witness in at least one ongoing case. (HuffPost contacted all the experts named in this story and was unable to reach Lappert despite multiple attempts.) 


In response to specific questions, Levine wrote, “Your questions illuminate how information can be dysinformation [sic] or simply wrong. Like delusions that often contain a kernel of truth, it is the distortions of reality that enable the label delusion.”


In 1997, he chaired a committee of the organization known today as WPATH, which develops the best practices for treating gender dysphoria. 


He cut his ties, however, after WPATH became too responsive, in his view, to trans advocacy.


Before he started defending anti-trans laws as an expert witness, Levine provided expert testimony for prisons seeking to block trans inmates from socially transitioning or receiving gender-affirming care, which prisons often oppose for cost reasons.


“The question in the back of people’s heads is, is he only saying this for the money?”

- James Cantor, the top expert witness for states defending anti-trans policies


In that role, Levine has also questioned whether trans people are genuinely trans or if their gender dysphoria is actually an expression of deviant desires or something unresolved from childhood, like “excessively symbiotic” mothering. Of one trans inmate, he wrote that her “transgenderism is tied very much up to her narcissistic character, her demanding character.”


Van Meter, the former president of the American College of Pediatricians, or ACPeds, has appeared in at least six cases.


 Like ACPeds’ original founders, he became disillusioned with the American Academy of Pediatrics and sought an alternative because the AAP would not endorse the superiority of the “intact, married family” over same-sex parents and single mothers, he said in an interview.


Van Meter has seen a very small number of adolescent patients with gender dysphoria but says he believes the root cause in “100%” of cases is their family environment. 


“Divorce is probably the most common thread in all of these cases,” he said. 


He refers these patients to counseling for depression and anxiety, believing it will resolve their gender dysphoria — an approach with roots in gay conversion therapy that research has linked to an increased risk of suicide attempts.


“You basically ruin their lives” by allowing adolescents to transition, Van Meter said, and so at every opportunity, he pressures them to abandon the idea. 


To one of his current patients, “I have said it a bazillion times … You will always be a biological female.”


“You have a group of people who say they exist, and what they are saying is, ‘No you don’t. You’re not real, you’re sick,’” said Michelle Forcier, a professor of pediatrics at Brown University and a clinician specializing in gender-affirming care. “Let’s be clear: These are adults who are bullying children.”


Dylan Brandt decided not to be in the courtroom on the days that Arkansas presented its case, but his mother, Joanna Brandt, was. 


The hardest moment for her was when Regnerus, the sociologist opposed to same-sex parenting, minimized the risk of suicide among trans youth, saying researchers had “document[ed] fairly small numbers of actually completed suicides.”


“If we distinguish suicidality from actual suicides — completed suicides — we see a much more narrow story validated,” he said.


Joanna thought about Dylan and felt the sting of tears.


“I was afraid I would start loud, ugly crying, so I got up and left,” she recalled. “How could you come here and talk about these people that you’ve never spoken to, that you don’t know anything about, in such a way? Actual lives are being saved by affirming care, and nobody on the state side cared about that.”


“God Is With Us!”

Hutton never forgot her lunch with Hruz. 


And in the years that followed, as Hruz developed his side hustle as an expert, she began to testify at some of the same trials that he did.


In a 2017 case where Hruz was defending the St. Johns County School District’s bathroom ban, she recalled before a court in central Florida how Hruz had said her child might be “born to suffer and die.” 


This summer, she flew down to Tallahassee to face off against Hruz again, this time over the state’s Medicaid ban. (She was only reimbursed for travel.)


Her goal is for the courts to understand his true motives. “I know he’s wrapping his whole presentation up in court now as based on science, but that is not what is driving Paul Hruz,” Hutton said. “It is religion.”


Hruz is not the only expert who appears to have religious motivations.


Lappert, the former plastic surgeon, is a chaplain in Alabama for a Catholic organization called Courage, which, according to its website, counsels “men and women with same-sex attractions in living chaste lives.” 


In a 2018 presentation titled “Transgender Surgery & Christian Anthropology,” he said “the challenge” at hand was “evangelizing people who are being relentlessly [misled] concerning human sexuality.” They needed “catechesis” and “the sacraments.”


Van Meter, on learning that Gov. Brad Little of Idaho had signed two bills the group supported, boasted, “God is with us!”


“It’s not that I’m driven by a religious ideology,” Van Meter said in an interview. “I do use that as a battery pack, during the weary times, to say, don’t give up, there is a reason you are here.”


Courts place few restrictions on who can serve as an expert witness, as long as their testimony is relevant and soundly reasoned. 


The bar is low enough that groups suing to overturn anti-trans laws rarely challenge these experts’ ability to testify. But when they do, courts have discounted their testimony in about half of cases.


“Hruz fended and parried questions and generally testified as a deeply biased advocate, not as an expert sharing relevant evidence-based information and opinions,” Judge Hinkle wrote when he blocked Florida’s Medicaid ban.


 Another judge called his testimony “conspiratorial.”


Levine has had parts of his testimony struck several times, including for relying on a fabricated anecdote.


There are moments in the courtroom when the lack of qualification on the defense side is obvious. 



During a deposition defending Florida’s Medicaid ban, G. Kevin Donovan, who recently retired as the director of Georgetown University’s center for clinical bioethics, claimed that most transgender girls eventually “revert in their self-perception.”


 But when pressed for his sources, he flailed.

Q: “What is your evidence of that statement?”
A: “Oh, that — that’s been widely published and repeatedly published.”
Q: “Can you name the study that that information comes from?”
A: “I’m sure I could. It’s more than one source, but, yeah.”
Q: “Can you name those studies?”
A: “Not right now, no.”


Records show the Florida Agency for Health Care Administration paid Donovan $34,650. He did not respond to questions about his testimony.



The other side has its experts, too. Typically, they are clinicians who have provided gender-affirming care to hundreds of trans people or published substantial research on gender-affirming care, or both.


The expert witnesses for the defense, lacking the same breadth of experience, typically try to poke holes in the research supporting gender-affirming care, largely by nitpicking and misrepresenting the evidence or ignoring newer studies in favor of dated ones. 


“Their way of operating is to look at each study, say it has limitations, and because it has limitations, to disregard it entirely,” said Gonzalez-Pagan, the Lambda Legal attorney. “And the pile of evidence never grows because they keep finding reasons to disregard studies.”


Many have seized on the fact that there were no long-term, randomized controlled trials to test the efficacy of puberty blockers and hormone therapy for treating gender dysphoria.


Framing randomized trials as the only valid form of evidence lets them ignore the large body of observational and clinical data that does support gender-affirming care. 


Nearly 20 studies with components of randomized trials — that follow trans adolescents receiving gender-affirming care over a long period of time, or compare outcomes for trans people who accessed gender-affirming care with those who didn’t — have associated gender-affirming care with better mental health outcomes, such as reductions in depression, anxiety or thoughts of suicide.


Those positive associations make it unethical to run a randomized trial over the long term, especially one involving adolescents.


 “You wouldn’t randomly assign people to smoke a pack a day,” said Briana Last, a research psychologist at Stony Brook University, adding that scores of common medical practices were established without randomized trials.


And, in the past few weeks, researchers have published a randomized trial of 64 transmasculine adults showing that suicidality declined by more than half for the participants who received treatment right away.


The research that expert witnesses for the defense don’t ignore, they often distort. 


Many, especially Levine, have argued that transition care is potentially harmful by pointing to a 2011 Swedish study that found that trans people who had gender-affirming surgery still had a 19.1% higher suicide rate than the general population.


But the lead author, Cecilia Dhejne, says that is a blatant misrepresentation of the study, which actually showed that providing medical care is not enough without also fighting societal discrimination.


When he deposed Levine in 2022, Charles, the Lambda Legal attorney, read Dhejne’s critique of how Levine misused her research out loud. Undeterred, Levine cited Dhejne again this year in support of Florida’s Medicaid ban.


Several of these experts have argued that other countries, such as the U.K., Finland, Norway and Sweden, have severely restricted puberty blockers and hormone therapy for adolescents. “They’ve decided that in all, it’s experimental and does more harm than good, and they’re stopping,” Kristopher Kaliebe, who has testified in three cases, said in an interview.


But in reality, none of those countries have imposed outright bans. 


In the U.K., the National Health Service is limiting the future use of puberty blockers to adolescents enrolled in a research study, and puberty blockers and hormone therapies remain available through private care.


 In Finland, transgender adolescents who meet certain criteria can receive puberty blockers and hormones at the country’s two major research hospitals. 


Reports of Norway banning gender-affirming care are simply false and propagated by websites known for spreading misinformation


Sweden’s medical board urged clinicians to use “caution” with puberty blockers and hormones for adolescents but did not call for a ban, and specialized providers continue to offer the treatment.


Gender-affirming care providers acknowledge their field faces unanswered questions and that people’s understanding of their gender identity can deepen over time.


Before puberty, Forcier noted, gender-affirming care consists mostly of supporting children if they want to dress or cut their hair differently or go by a new name. “The vast, vast majority will say, this is what I need and where I want to be,” she said, but “it’s OK to change your mind if you’re more gender fluid, it’s OK to change your plan.”


Opponents of gender-affirming care, she argued, aren’t bent on studying and improving care but on eradicating it. 


Recently, a former employee, Jamie Reed, accused Washington University’s gender clinic of rushing adolescents on to puberty blockers and hormones. 


While her core claims appear to be proving false or alarmist — one parent said Reed “twisted” her child’s medical history; out of nearly 1,200 patients who sought care at the clinic, Reed claims 16 detransitioned — the main challenge the clinic appears to face is overwhelming demand.


 Missouri’s response has not been to increase funding for adolescent trans care, but to pass a ban.


“I’m not seeing these people say, ‘This is such an important problem, let’s shift money from white male cardiovascular research to gender care,’” Forcier said.


Out of all the government offices asked to justify their hiring of these experts, only the Florida Agency for Health Care Administration, which wrote the state’s Medicaid ban, responded.


“Our process has been transparent and based on factual evidence that we put out for the world to see,” said Bailey Smith, the agency’s spokesperson, hyperlinking to a webpage containing the expert reports from Hruz, Laidlaw, Levine, Van Meter, Lappert and others. “Maybe you just fear the evidence will challenge your biased view of the world.”


Netball Amateurs

The spike in anti-trans legislation means states need even more experts to defend it. 


And in order to deepen the bench, states have started enlisting academics who aren’t in health care or don’t even primarily research humans.


One is a Manchester University professor named Emma Hilton, who mainly studies a particular species of frog and how it offers an understanding of inherited human genetic disorders.


Hilton is a founder of a British group, Sex Matters, that advocates for legally segregating spaces by sex.


 She earned $300 an hour last year defending bans on trans girls playing on girls’ sports teams in Utah and Indiana.


 By way of explaining why she was qualified to weigh in on school sports, she told one court, “I participate keenly in sports at an amateur level, playing netball recreationally.”


“Our understanding of human biology is in part a result of the study of animal models,” Hilton said in an email.


 She declined to address the relevance of netball, which is like basketball without dribbling.


Another is Michael Biggs, an Oxford sociology professor who admitted in court to writing transphobic tweets under the pseudonymous handle @MrHenryWimbush and described himself as a “teenage shitlord [turned] Oxford professor.” “Transphobia is a word created by fascists, and used by cowards, to manipulate morons,” reads one representative post.


Florida paid Biggs $400 an hour to defend its Medicaid ban.


 But he plays another, more important role in the expert pantheon: churning out publications that question the efficacy of gender-affirming care. 


One of his oft-cited critiques of puberty-blocking hormones relied on a questionable reading of hormone trials in sheep, in which the sheep appeared to have anxiety. 


The other experts have cited Biggs scores of times.


Dylan, the teenager challenging Arkansas’ ban on gender-affirming care, avoids thinking about a future in which these people’s arguments carry the day. 


Instead, he thinks about going to college in a state that isn’t hostile and studying education. “I’ve dealt with a lot of bullying, but I’ve had some pretty amazing teachers [who’ve] given me a safe place,” he said. “I want to be that for somebody else.”


His lawsuit has already made a temporary shelter for other trans teenagers.


 In June, a judge struck down Arkansas’ ban. 


The state had assembled a who’s-who of experts — Lappert, Hruz, Levine and Regnerus — but “failed to prove that gender-affirming care for minors with gender dysphoria is ineffective or riskier than other medical care provided to minors,” in the words of U.S. District Judge James M. Moody.


“He knows better than any of these people, better than I do, who he is, and none of them have any right to tell him any differently,” Joanna said of her son.


“When I started testosterone, I felt like I could breathe normally for the first time,” said Dylan. “In the past three years, I have been able to look at myself in the mirror and smile. It’s changed my life — it’s saved my life — in so many ways.""


The entire story can be read at

https://www.huffpost.com/entry/paid-experts-defending-anti-trans-law_n_65021a7ee4b01df7c3b6d513

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-1234880143/

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