Friday, October 11, 2024

Robert Roberson: Death Row; Texas: Message from Catherine Zarr, the editor of an independent university newspaper (The Trinitonian), Trinity University; San Antonio: Texas: "This is your chance to save an innocent life"…"Last month the world witnessed the murder of the likely innocent Marcellus Williams in Missouri. We cannot let another innocent person die. I have always found the death penalty to be appalling and horrific — guilt or innocence aside — but it is especially unforgivable when an innocent person is executed. If there is even a shred of doubt that the person might not be guilty, don’t we have a responsibility to stop their execution? If we don’t stop it, are we complicit in murder?"



PUBLISHER'S NOTE: I was really pleased to come upon this powerful editorial  by Editor-in-chief Catherine Zarr, calling fellow Trinity University students to help - and whoever else reads it - to help stop the rapidly approaching execution of Robert Roberson for a crime that never happened. In short,  to step in and exercise this chance for them to save an innocent life. I would love to see her editorial posted on Governor Abbott's  office door, so he can read it whenever he enters or leaves the room.


Harold Levy: Publisher: The Charles Smith Blog.


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PASSAGE OF THE DAY: "Over 30 convictions have since been overturned in light of the scientific unsoundness of this SBS theory. Roberson’s case needs to join that number. There is clear and convincing evidence that Nikki died of natural causes, and in light of this evidence, there is no way that Texas can move forward with execution without running the tremendous and irreversible risk of murdering an innocent man. Even the lead detective who testified for the prosecution in Roberson’s case, Brian Wharton, is now advocating the state to halt Roberson’s execution. Wharton, in an opinion piece for the New York Times, said “I made a big mistake” and that he now believes Roberson to be innocent. Last month the world witnessed the murder of the likely innocent Marcellus Williams in Missouri. We cannot let another innocent person die."


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EDITORIAL"This is your chance to save an innocent life. There will be a murder in six days unless the courts or Gov. Greg Abbott intervenes, by  Catherine Zarr, Editor-in-Chief of the Trinitonian, published on  October 10, 2024.


GIST: "On Oct. 17, Texas is set to execute death row inmate Robert Roberson for a crime that he is not only innocent of, but that never even occurred in the first place. Roberson was convicted in 2003 and sentenced to death for the murder of his two-year-old daughter Nikki. Except, Nikki was not murdered.

During the short life that Nikki lived, she was chronically ill. She experienced antibiotic-resistant infections, unexplained breathing apnea and, in the week before her death, had been vomiting, coughing and had a fever of over 104 F. Roberson, concerned about Nikki’s condition, repeatedly took her to the emergency room and pediatrician’s offices. To treat her, doctors prescribed several respiratory-suppressing drugs that are no longer FDA-approved for use in children of her age or in her condition, and which a post-mortem toxicology report found in her bloodstream in lethal quantities.

The morning of Nikki’s death in 2002, Roberson woke up to discover Nikki unconscious and with blue lips. He immediately brought her to an emergency room, where she was pronounced dead.

A more recent reexamination of her lung tissue showed that Nikki was suffering from both viral and bacterial pneumonia, and had gone into septic shock from her condition. The respiratory-suppressing drugs she was on for pneumonia also played a potential role by hindering her breathing.

Despite knowledge of Nikki’s preexisting conditions, medical staff jumped to the conclusion at the time that Roberson must have murdered Nikki because of his “unusual” demeanor in the emergency room — behavior consistent with autism spectrum disorder, which he has since been diagnosed with.

Medical professionals declared Nikki’s death a homicide via a now-debunked version of the shaken baby syndrome hypothesis (SBS). They assumed that a caretaker, in this case Roberson, must have shaken Nikki because her swelling in the brain and difficulty breathing were hallmarks of SBS. The presence of SBS symptoms was considered proof that abuse had occurred even in the presence of other medical conditions that could have also caused those symptoms.

The neurosurgeon who first proposed this SBS hypothesis has since recanted his work. Startled by the number of caregivers wrongfully convicted of killing their chronically ill children under his hypothesis, he said “I am doing what I can so long as I have a breath to correct a grossly unjust situation.” Over 30 convictions have since been overturned in light of the scientific unsoundness of this SBS theory.

Roberson’s case needs to join that number. There is clear and convincing evidence that Nikki died of natural causes, and in light of this evidence, there is no way that Texas can move forward with execution without running the tremendous and irreversible risk of murdering an innocent man. Even the lead detective who testified for the prosecution in Roberson’s case, Brian Wharton, is now advocating the state to halt Roberson’s execution. Wharton, in an opinion piece for the New York Times, said “I made a big mistake” and that he now believes Roberson to be innocent.

Last month the world witnessed the murder of the likely innocent Marcellus Williams in Missouri. We cannot let another innocent person die. I have always found the death penalty to be appalling and horrific — guilt or innocence aside — but it is especially unforgivable when an innocent person is executed. If there is even a shred of doubt that the person might not be guilty, don’t we have a responsibility to stop their execution? If we don’t stop it, are we complicit in murder?

Life is so, so precious and taking it is something that can never be undone. If there is even the possibility of innocence, it is our moral and ethical responsibility, both as human beings and especially as residents of Texas, to ensure that the state does not carry out that execution. The execution of an innocent person is murder. If we don’t take action to halt this execution, that makes us accomplices.

Gov. Abbott has the power to stop this execution. Up until the very moment the execution happens, it is not too late to halt it. Here is what you can do:

1. Call Gov. Abbott at 361-264-9653 and insist that he intervene. If you have trouble figuring out what to say, there are several scripts available online that you can use to help.

2. Keep checking the news for updates on Roberson’s case. I would especially recommend that you check out the Innocence Project’s website. They are representing him, and their website has more information about his case and a petition you can sign to halt his execution.

3. Raise awareness about Roberson’s innocence and impending execution in whatever ways you can, whether that be posting on social media or telling your friends and loved ones about it.

4. Connect with other Trinity University students about this case. As residents of this state and in some cases constituents, we are uniquely positioned to stop this execution.

You have the power to save a life. Use it."

The entire editorial can be read at: 

https://trinitonian.com/2024/10/10/this-is-your-chance-to-save-an-innocent-life/


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

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    FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
    Lawyer Radha Natarajan:
    Executive Director: New England Innocence Project;

    —————————————————————————————————
    FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


    Christina Swarns: Executive Director: The Innocence Project;
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Scott Peterson: California: Major (Welcome) Development: A Judge has granted him access to evidence in his bio for a new trial, CourtTV (Reporters Ivy Brown and Lauren Silver) reports… Scott Peterson has been granted post-conviction discovery in the latest series of events in his bid for a new trial. In a filing dated Oct. 7 and obtained by Court TV, San Mateo County Superior Court Judge Elizabeth Hill addressed more than 600 pieces of evidence that Peterson’s defense had requested access to. Peterson was sentenced to death for the 2002 murders of his pregnant wife, Laci Peterson, and their unborn son. In 2021, he was resentenced to life in prison without parole. The following year, he was denied a new trial on allegations of juror misconduct. Peterson’s defense, in their attempt to convince a judge he deserves a new trial, had asked for a number of items related to a burglary at the home of Rudy and Susan Medina, who lived diagonally across from the Petersons. Two men tied to the burglary, Steven Todd and Donald Pearce, were cleared as suspects in Laci’s disappearance."


 BACKGROUND: "Laci Denise Peterson (née Rocha; May 4, 1975 — circa December 24, 2002) was an American woman murdered by her husband, Scott Lee Peterson (born October 24, 1972), while eight months pregnant with their first child. On December 24, 2002, Scott reported Laci missing from their home in Modesto, CaliforniaFour months later, Laci's body and the body of her unborn son Conner were discovered on the shores of San Francisco Bay. Scott Peterson was subsequently arrested and charged with two counts of murder. In 2004, Scott was found guilty of the first-degree murder of Laci and the second-degree murder of Conner. The case has remained a subject of public interest and discussion, raising questions about the legal process and media coverage. Scott's death sentence was overturned in 2020,[1] and then in 2021, Peterson was re-sentenced to life in prison without the possibility of parole.[2] In 2024, Peterson was granted a status hearing in response to a request by the LA Innocence Project, a nonprofit legal advocacy organization claiming to have new evidence supporting Peterson's innocence."

https://en.wikipedia.org/wiki/Murder_of_Laci_Peterson

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PASSAGE OF THE DAY: "In January, the Los Angeles Innocence Project took over his case and began another bid for a new trial based on critical pieces of evidence allegedly overlooked by investigators. Among those items, a 15.5-inch piece of duct tape found on Laci Peterson’s pants. In August, Peterson spoke out for the first time in two decades in Peacock’s three-part docuseries, Face to Face with Scott Peterson. In the series, he maintained his innocence."

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STORY: "Judge grants Scott Peterson access to evidence in bid for new trial," by Reporter Ivy Brown and Lauren  Silver) published by Court TV, one October 10, 2024.(Ivy Brown oversees and manages the content creation that appears across Court TV’s digital platforms. During her time with Court TV, Ivy has reported on high-interest true-crime cases and built the Trial Archives, which features more than 150 gavel-to-gavel trials.Originally from New York City, Lauren Silver is an award-winning investigative journalist with a Master’s degree in broadcast journalism from Syracuse University. She began her career as a local news producer, working in Johnstown, Orlando, Boston and Pittsburgh.   Lauren has won several awards, including Best Investigative Reporting by the Pennsylvania Associated Press News Editors in 2016, Best Investigative/Enterprise and the Ed King Memorial Award from the Press Club of Western Pennsylvania, as well as Emmy nominations in both Pennsylvania and Massachusetts.  Lauren joined Court TV as a digital content producer in 2023 and lives in Florida with her daughter.)

GIST: "Scott Peterson has been granted post-conviction discovery in the latest series of events in his bid for a new trial.


In a filing dated Oct. 7 and obtained by Court TV, San Mateo County Superior Court Judge Elizabeth Hill addressed more than 600 pieces of evidence that Peterson’s defense had requested access to.

Peterson was sentenced to death for the 2002 murders of his pregnant wife, Laci Peterson, and their unborn son. In 2021, he was resentenced to life in prison without parole. The following year, he was denied a new trial on allegations of juror misconduct.

Peterson’s defense, in their attempt to convince a judge he deserves a new trial, had asked for a number of items related to a burglary at the home of Rudy and Susan Medina, who lived diagonally across from the Petersons. Two men tied to the burglary, Steven Todd and Donald Pearce, were cleared as suspects in Laci’s disappearance.

Judge Hill denied Peterson’s request for all Modesto police reports, the steps officers took to verify Pearce and Todd’s alibis and more information about their polygraph exams. 

But Judge Hill granted Peterson’s team access to audio and video recordings and transcripts of the suspects’ interviews with police as well as handwritten notes from the officers who conducted the interviews. 

Peterson’s team will also be able to review the 2003 search warrants relating to the Medina burglary as well as photos of the evidence found, which includes items identified as not belonging to the Medinas.

Peterson’s team has also focused on Laci’s diamond-encrusted Croton watch. Carl Jensen, a defense investigator, told the court that he was contacted by a man who said “he was in jail watching TV and saw a Court TV report about the pawn of a watch that might have been Laci’s. 

Upon seeing the story, he recalled that in mid-February 2003, a friend named Deanna Harbin Renfro and her friend Anthony Scarlata asked him if he wanted to buy a watch. He described the watch that they showed him as medium-sized with a lot of diamonds.”

But investigators tracked down those leads years ago, and determined that the watch was not the same, prompting the judge to deny any further access to records in the case.

Peterson and his team had previously asked to be allowed to perform DNA testing on a blood-stained mattress found in a burned-out orange van less than a mile from the Petersons’ home the day after Laci was reported missing. Hill previously denied their request and noted in her latest ruling, 

“The Court does not view the orange van evidence as casting doubt on Peterson’s guilt, because no witness or forensic evidence obtained ever established that Laci Peterson was in the orange van. 

However, it is apparent based on the involvement of Detective Shipley and the cross-referencing of the investigation of the two cases that the orange van was ‘part of the investigation of the offenses charged.'”

That reasoning led Judge Hill to grant Peterson’s team access to a complete copy of the DOJ Central Valley Crime Laboratory file and documents relating to the collection of fingerprints from the van.

In July, Judge Hill issued an order that outlined how DNA testing on a piece of duct tape recovered from Laci Peterson’s pants at the time of her autopsy would proceed. 

Judge Hill ordered that testing would be conducted within 45 days and the results would be submitted under seal.

Court filings suggest that testing was completed in late August. There has been no further public notice of the testing and results.

In January, the Los Angeles Innocence Project took over his case and began another bid for a new trial based on critical pieces of evidence allegedly overlooked by investigators. Among those items, a 15.5-inch piece of duct tape found on Laci Peterson’s pants.

In August, Peterson spoke out for the first time in two decades in Peacock’s three-part docuseries, Face to Face with Scott Peterson. In the series, he maintained his innocence."

The entire story can be read at:

https://www.courttv.com/title/judge-grants-scott-peterson-access-to-post-conviction-evidence/

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;

    —————————————————————————————————
    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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Iwao Hakamada: Japan: Aftermath of exoneration: Japan Times story illustrates howJapan’s ‘hostage justice’ system breeds false convictions…"This week's exoneration of a former boxer over a quadruple murder in 1966 and a lawsuit filed by the former chairman of a publishing company in recent months have put Japan's "hostage justice" system back into the spotlight. Former Kadokawa Chairman Tsuguhiko Kadokawa, who has consistently maintained his innocence amid accusations of bribery, filed the lawsuit in June to challenge the controversial system, in which suspects are often denied bail unless they confess to the crimes they are accused of. Human rights groups argue that the system creates a breeding ground for false convictions."



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 (especially young 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 inducement. deception (read ‘outright lies’) physical violence,  and even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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PASSAGE OF THE DAY: "According to Innocence Project Japan, out of 26 postwar cases in which defendants were exonerated after retrials, convictions in 22 of them were based on coerced confessions later ruled to have been false. The difficulty for those arrested to secure bail if they remain silent or deny charges and a "no-contact" rule prohibiting them from communicating with anyone other than their defense attorneys are said to form structural pressures that lead to forced confessions."


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PASSAGE TWO OF THE DAY: "Kanae Doi, the Japan director of international nongovernmental organization Human Rights Watch, said, "Even after 58 years (following Hakamata's arrest), the problem of hostage justice persists." In another known as the "Fukawa Case" in Ibaraki Prefecture, two men who were sentenced to life in prison and later acquitted in a retrial were detained for approximately 29 years.  Both of them sought criminal indemnity and received around ¥130 million each in compensation. Shoji Sakurai, one of the two, later sued the national and prefectural governments for damages.  In August 2021, the Tokyo High Court recognized the illegality of the police and prosecutors' interrogations and ordered them to pay roughly ¥74 million in damages. "Unless we eliminate the practice of extracting confessions through prolonged, harsh interrogations, these false convictions will continue," Doi warned."


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STORY: Japan’s ‘hostage justice’ system breeds false convictions, groups say,” published by The Japan Times, on October 9, 2024.


PHOTO CAPTION: "Hideko Hakamata (left), the older sister of ex-boxer Iwao Hakamata, and Hideyo Ogawa, an attorney on his defense team, speak at a news conference on Tuesday in the city of Shizuoka, following prosecutors' decision not to file an appeal against the Shizuoka District Court's not-guilty verdict in a retrial of a 1966 murder case against Iwao Hakamata. 


GIST: "This week's exoneration of a former boxer over a quadruple murder in 1966 and a lawsuit filed by the former chairman of a publishing company in recent months have put Japan's "hostage justice" system back into the spotlight.


Former Kadokawa Chairman Tsuguhiko Kadokawa, who has consistently maintained his innocence amid accusations of bribery, filed the lawsuit in June to challenge the controversial system, in which suspects are often denied bail unless they confess to the crimes they are accused of.


Human rights groups argue that the system creates a breeding ground for false convictions.


According to Innocence Project Japan, out of 26 postwar cases in which defendants were exonerated after retrials, convictions in 22 of them were based on coerced confessions later ruled to have been false.


The difficulty for those arrested to secure bail if they remain silent or deny charges and a "no-contact" rule prohibiting them from communicating with anyone other than their defense attorneys are said to form structural pressures that lead to forced confessions.


Another recent case that drew attention to the issue involved Yokohama-based spray dryer manufacturer Ohkawara Kakohki.


 In 2020, three of the company’s executives were arrested on suspicion of illegal exports, but the charges were dropped in 2021. 


All three had maintained their innocence. One of the accused, a former company adviser, then 72, was diagnosed with stomach cancer during his detention and died before the charges were dropped.


In December 2023, the Tokyo District Court ruled that the arrests of the three people in the case by the Public Security Bureau of Tokyo's Metropolitan Police Department lacked reasonable grounds and ordered the metropolitan and central governments to pay them a total of ¥160 million in damages.


When defendants are acquitted in retrials, they can seek compensation based on the number of days they were detained, with a cap of ¥12,500 ($84) per day. 


In some cases, victims of false convictions have also filed lawsuits against the state, seeking damages for emotional distress.


For 88-year-old former boxer Iwao Hakamata (sic), his road to exoneration took over half a century.


Hakamata  (sic) , who was acquitted in a rare retrial by the Shizuoka District Court last month, was arrested by the Shizuoka Prefectural Police in August 1966 on allegations of robbery and murder, which he was later convicted of.


He spent approximately 47 years and seven months in prison before being released in March 2014, when the court first granted a retrial. 


The decision to hold the retrial was finalized in 2023, and he was found not guilty in the retrial.


The not-guilty ruling by the Shizuoka District Court last month was finalized Wednesday, after local public prosecutors waived their right to appeal it.


 It marked the fifth case in which a retrial finds a convict on death row not guilty in crimes that occurred in Japan after World War II.


The Shizuoka District Court ruled in the retrial that Hakamata's confession had been coerced.


 His legal team plans to seek compensation based on the number of days he was detained and is considering a lawsuit for damages against the state.


Kanae Doi, the Japan director of international nongovernmental organization Human Rights Watch, said, "Even after 58 years (following Hakamata's arrest), the problem of hostage justice persists."


In another known as the "Fukawa Case" in Ibaraki Prefecture, two men who were sentenced to life in prison and later acquitted in a retrial were detained for approximately 29 years. 


Both of them sought criminal indemnity and received around ¥130 million each in compensation.


Shoji Sakurai, one of the two, later sued the national and prefectural governments for damages. 


In August 2021, the Tokyo High Court recognized the illegality of the police and prosecutors' interrogations and ordered them to pay roughly ¥74 million in damages.


"Unless we eliminate the practice of extracting confessions through prolonged, harsh interrogations, these false convictions will continue," Doi warned."


The entire story can be read at

https://www.japantimes.co.jp/news/2024/10/09/japan/crime-legal/hostage-justice/


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;

    —————————————————————————————————
    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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