BACKGROUND: (Arizona Innocence Project): "Longtime Arizona Justice Project client, Louis Taylor, was freed April 2, 2013 after spending 42 years in prison. Louis Taylor has always maintained his innocence of the 1970 Pioneer Hotel fire that took 29 lives. Attorneys from the Arizona Justice Project spent years re-investigating this case, discovering evidence that was never disclosed to Taylor’s attorney and confirming the snitch testimony leading to Taylor’s conviction was false…"New investigation concluded no evidence for arson."…"A national Arson Review Committee, led by John Lentini, reviewed the evidence and 1972 expert conclusions used to convict Taylor and, after applying today’s standards of fire investigation, concluded there was no evidence to support the cause fire was arson. The Tucson Fire Department conducted its own review and concluded the cause of the fire was “undetermined.” In addition, the defense expert in Louis trial — long-troubled by Louis’ conviction — spent more than a decade reinvestigating the fire, and now believes that under today’s knowledge and investigative standards the cause of the Pioneer Hotel fire cannot be determined. Based largely on these findings, the Arizona Justice Project team sought relief for Louis Taylor."

https://azjusticeproject.org/case-profiles/louis-taylor/

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STORY: "Ninth Circuit stays out of wrongful conviction in arson case for now," by Reporter Joe Duhownik, published by Courthouse News, on April 8, 2024. (Joe Duhownik covers Arizona law and politics, focusing primarily on Arizona federal courts and the Ninth Circuit Court of Appeals.)

SUB-HEADING: "In response to a man seeking damages for 42 years spent in prison for a fire he denies starting, Pima County had asked the appeals panel if a federal judge can expunge a state criminal conviction."

GIST: "The Ninth Circuit declined Monday to interfere in a decade-old wrongful arrest and racial discrimination case seeking to expunge the conviction of a man accused of starting a fire that killed 29 people over 50 years ago.

While the court is unsure whether a federal judge can expunge a state conviction, as the plaintiff has requested, the three-judge panel decided the issue would be better served upon a retroactive appeal, rather than a peremptory writ of mandamus.

Louis Taylor sued Pima County in 2015, two years after spending 42 years in an Arizona state prison, claiming the county wrongfully charged him with the 1970 Pioneer Hotel Fire in Tucson, Arizona. The then-16-year-old Black boy was convicted of 28 counts of murder by an all-white jury two years after the fire. No forensic evidence of arson exists.

Taylor was released in 2013 after pleading no contest to the charges, setting aside his 1972 conviction. In 2021, Taylor amended his 2015 complaint to request that the 2013 deal and new conviction be expunged so that he can seek damages for the 42 years spent in prison.

Legal precedent set by Heck v Humphrey bars petitioners from seeking damages from a conviction without showing that the conviction has been overturned.

In a 2021 order denying the county’s motion for summary judgment, U.S. District Judge Rosemary Marquez wrote that she will consider expunging the conviction, which the county argued is unconstitutional before the panel in late March.

The panel decided it isn’t sure, and determined in a 2-1 Monday morning memorandum that the county can bring that issue back to the Ninth Circuit for appeal after trial if that’s how it plays out. The case is scheduled to go to trial on April 22 and could last up to two months.

The county asked the Ninth Circuit to preempt Marquez from expunging the conviction, but the panel decided against it, writing that a writ of mandamus is an “extraordinary remedy” saved for special circumstances of which this case doesn’t fit.

Shipp v Todd established in 1978 that a federal judge can expunge criminal records like arrests and indictments but the panel wrote that the question of a federal judge expunging a criminal conviction has never been properly addressed.

“This is an unusual case, and the jury would have to find that the county engaged in misconduct before the district court would consider granting expungement,” U.S. Circuit Judges Jacqueline Nguyen, a Barack Obama appointee, and Richard Paez, a Bill Clinton appointee, wrote in the majority opinion. “The facts are hotly contested, and if the district court grants declaratory relief, its ruling and the jury’s findings are matters that can be addressed on direct appeal.”

Two factors that decide whether mandamus relief is appropriate — whether alternative means of relief exist and whether the harm is correctable on appeal — fall in favor of Taylor, not the county, the panel wrote.

The county argued in March that moving to trial “based on a lawless remedy” would create a conflict because its lead attorney may be called as a witness. It also reasoned that because the case is so old, more witnesses may be dead by the time an appeal leads to a new trial.

The county's attorneys also say that if the 2013 plea and conviction are expunged, then the 1972 conviction could be reinstated, meaning Taylor could end up out of custody and in possession of a hefty damages award when legally he should be back in prison.

The panel dismissed these arguments as “speculative assertions,” saying that the first two arguments aren’t guaranteed to come to fruition, and the third is another issue that can be appealed later.

Finally, because the petition doesn’t present an “oft-repeated error,” the “drastic remedy” of mandamus relief is not warranted, the panel found.

“As stated, whether Shipp permits a district court to expunge a conviction in extreme and unusual cases has not been decided, and we agree with the county that the case presents an important and novel issue,” it wrote.

U.S. Circuit Judge Patrick Bumatay, a Donald Trump appointee, dissented, writing an opinion of his own in favor of granting mandamus relief to the county.

“For the first time, a district court claims for itself the authority to expunge a state criminal conviction,” he wrote. “This is clearly erroneous.”

He said that while the court must consider all factors of whether to grant mandamus relief, the most important factor is whether the district court clearly erred, which, in his opinion, it did.

“It makes little sense to allow this complex case to continue through trial only to be reversed on appeal,” he wrote.

Neither side replied to requests for comment."

The entire story can be read at:

https://www.courthousenews.com/ninth-circuit-stays-out-of-wrongful-conviction-in-arson-case-for-now/

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;

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

David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801
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the charles smith blog

Friday, April 12, 2024