BACKGROUND: From previous post of this Blog. "Nurse Lucy Letby: UK: New Yorker Staff Writer Rachel Aviv asks the question of the day: "A British Nurse Was Found Guilty of Killing Seven Babies. Did She Do It?" in a story sub-headed, "Colleagues reportedly called Lucy Letby an “angel of death,” and the Prime Minister condemned her. But, in the rush to judgment, serious questions about the evidence were ignored" - a story which bears an illustration headed: "The case against Letby gathered force on the basis of a single diagram shared by the police, which circulated widely in the media."…"The case against her gathered force on the basis of a single diagram shared by the police, which circulated widely in the media. On the vertical axis were twenty-four “suspicious events,” which included the deaths of the seven newborns and seventeen other instances of babies suddenly deteriorating. On the horizontal axis were the names of thirty-eight nurses who had worked on the unit during that time, with X’s next to each suspicious event that occurred when they were on shift. Letby was the only nurse with an uninterrupted line of X’s below her name. She was the “one common denominator,” the “constant malevolent presence when things took a turn for the worse,” one of the prosecutors, Nick Johnson, told the jury in his opening statement. “If you look at the table overall the picture is, we suggest, self-evidently obvious. It’s a process of elimination.” But the chart didn’t account for any other factors influencing the mortality rate on the unit. Letby had become the country’s most reviled woman—“the unexpected face of evil,” as the British magazine Prospect put it—largely because of that unbroken line. It gave an impression of mathematical clarity and coherence, distracting from another possibility: that there had never been any crimes at all."
https://draft.blogger.com/blog/post/edit/120008354894645705/8259077557681884359
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QUOTE OF THE DAY: "Speaking in Parliament on Tuesday, David Davis, a Conservative Party lawmaker and former cabinet minister, questioned whether the restricting of reporting might, in this instance, undermine the principle of open justice, which allows the public to scrutinize and understand the workings of the law. “The article was blocked from publication on the U.K. internet, I understand because of a court order,” Mr. Davis said. “I am sure that court order was well intended, but it seems to me that it is in defiance of open justice.”
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STORY: "Why a New Yorker Story on a Notorious Murder Case Is Blocked in Britain, published by The New York Times (without attribution), on May 16, 2024.
SUB-HEADING: "The article challenges the evidence used to convict Lucy Letby, a neonatal nurse, of multiple murders last year, and has led to a debate about England’s restrictions on trial reporting.:
GIST: "The New Yorker magazine published a 13,000-word article on Monday about one of Britain’s biggest recent criminal trials, that of the neonatal nurse Lucy Letby, who was convicted last year of the murder of seven babies.
The article, by the staff writer Rachel Aviv, poses substantial questions about the evidence relied on in court. And it raises the possibility that Ms. Letby, vilified in the media after her conviction, may be the victim of a grave miscarriage of justice.
But, to the consternation of many readers in Britain, the article can’t be opened on a regular browser there, and most news outlets available in Britain aren’t describing what is in it.
The New Yorker deliberately blocked the article from readers in Britain because of strict reporting restrictions that apply to live court cases in England. A publication that flouts those rules risks being held “in contempt of court,” which can be punished with a fine or prison sentence.
Neither The New Yorker nor its parent company, Condé Nast, responded to requests for comment on Thursday. Earlier in the week, a spokesperson for the magazine told Press Gazette, the British trade publication, “To comply with a court order restricting press coverage of Lucy Letby’s ongoing trial, The New Yorker has limited access to Rachel Aviv’s article for readers
Under English law, restrictions apply to the reporting of live court proceedings, to prevent a jury’s being influenced by anything outside the court hearing. After Ms. Letby’s sentencing in August last year, those restrictions were lifted. But they were reimposed in September, when the public prosecutor for England and Wales announced that it would seek a retrial on one charge of attempted murder on which the jury had not been able to reach a verdict. “There should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings,” the prosecutor stated. The retrial is set to begin in June.
Ms. Letby has requested permission to appeal her convictions. After a three-day hearing last month, a panel of judges at the Court of Appeal said it would deliver a decision on that request at a later date.
In Britain, those trying to read the New Yorker article on internet browsers are greeted by an error message: “Oops. Our apologies. This is, almost certainly, not the page you were looking for.” But the block is not comprehensive: The article can be read in the printed edition, which is available in stores in Britain, and on The New Yorker’s mobile app.
The questions about its availability in Britain have prompted a debate around England’s reporting restrictions, their effectiveness and their role in the justice system.
Speaking in Parliament on Tuesday, David Davis, a Conservative Party lawmaker and former cabinet minister, questioned whether the restricting of reporting might, in this instance, undermine the principle of open justice, which allows the public to scrutinize and understand the workings of the law.
“The article was blocked from publication on the U.K. internet, I understand because of a court order,” Mr. Davis said. “I am sure that court order was well intended, but it seems to me that it is in defiance of open justice.”
He was able to raise the issue because he has legal protection for comments made in the House of Commons under what is known as parliamentary privilege. Media organizations have a more limited form of protection, known as qualified privilege, to accurately report what is said in Parliament.
In his response to the question from Mr. Davis, Alex Chalk, the justice secretary, said: “Court orders must be obeyed, and a person can apply to the court for them to be removed. That will need to take place in the normal course of events.”
Mr. Chalk added: “On the Lucy Letby case, I simply make the point that juries’ verdicts must be respected. If there are grounds for an appeal, that should take place in the normal way.”
The entire story can be read at:
https://www.nytimes.com/2024/05/16/world/europe/new-yorker-story-murder-letby-britain.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/120008354894645705/4704913685758792985
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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, BACKGROUND: From previous post of this Blog. "Nurse Lucy Letby: UK: New Yorker Staff Writer Rachel Aviv asks the question of the day: "A British Nurse Was Found Guilty of Killing Seven Babies. Did She Do It?" in a story sub-headed, "Colleagues reportedly called Lucy Letby an “angel of death,” and the Prime Minister condemned her. But, in the rush to judgment, serious questions about the evidence were ignored" - a story which bears an illustration headed: "The case against Letby gathered force on the basis of a single diagram shared by the police, which circulated widely in the media."…"The case against her gathered force on the basis of a single diagram shared by the police, which circulated widely in the media. On the vertical axis were twenty-four “suspicious events,” which included the deaths of the seven newborns and seventeen other instances of babies suddenly deteriorating. On the horizontal axis were the names of thirty-eight nurses who had worked on the unit during that time, with X’s next to each suspicious event that occurred when they were on shift. Letby was the only nurse with an uninterrupted line of X’s below her name. She was the “one common denominator,” the “constant malevolent presence when things took a turn for the worse,” one of the prosecutors, Nick Johnson, told the jury in his opening statement. “If you look at the table overall the picture is, we suggest, self-evidently obvious. It’s a process of elimination.” But the chart didn’t account for any other factors influencing the mortality rate on the unit. Letby had become the country’s most reviled woman—“the unexpected face of evil,” as the British magazine Prospect put it—largely because of that unbroken line. It gave an impression of mathematical clarity and coherence, distracting from another possibility: that there had never been any crimes at all."
https://draft.blogger.com/blog/post/edit/120008354894645705/8259077557681884359
—————————————————
QUOTE OF THE DAY: "Speaking in Parliament on Tuesday, David Davis, a Conservative Party lawmaker and former cabinet minister, questioned whether the restricting of reporting might, in this instance, undermine the principle of open justice, which allows the public to scrutinize and understand the workings of the law. “The article was blocked from publication on the U.K. internet, I understand because of a court order,” Mr. Davis said. “I am sure that court order was well intended, but it seems to me that it is in defiance of open justice.”
——————————————————————————————————————————————————
STORY: "Why a New Yorker Story on a Notorious Murder Case Is Blocked in Britain, published by The New York Times (without attribution), on May 16, 2024.
SUB-HEADING: "The article challenges the evidence used to convict Lucy Letby, a neonatal nurse, of multiple murders last year, and has led to a debate about England’s restrictions on trial reporting.:
GIST: "The New Yorker magazine published a 13,000-word article on Monday about one of Britain’s biggest recent criminal trials, that of the neonatal nurse Lucy Letby, who was convicted last year of the murder of seven babies.
The article, by the staff writer Rachel Aviv, poses substantial questions about the evidence relied on in court. And it raises the possibility that Ms. Letby, vilified in the media after her conviction, may be the victim of a grave miscarriage of justice.
But, to the consternation of many readers in Britain, the article can’t be opened on a regular browser there, and most news outlets available in Britain aren’t describing what is in it.
The New Yorker deliberately blocked the article from readers in Britain because of strict reporting restrictions that apply to live court cases in England. A publication that flouts those rules risks being held “in contempt of court,” which can be punished with a fine or prison sentence.
Neither The New Yorker nor its parent company, Condé Nast, responded to requests for comment on Thursday. Earlier in the week, a spokesperson for the magazine told Press Gazette, the British trade publication, “To comply with a court order restricting press coverage of Lucy Letby’s ongoing trial, The New Yorker has limited access to Rachel Aviv’s article for readers
Under English law, restrictions apply to the reporting of live court proceedings, to prevent a jury’s being influenced by anything outside the court hearing. After Ms. Letby’s sentencing in August last year, those restrictions were lifted. But they were reimposed in September, when the public prosecutor for England and Wales announced that it would seek a retrial on one charge of attempted murder on which the jury had not been able to reach a verdict. “There should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings,” the prosecutor stated. The retrial is set to begin in June.
Ms. Letby has requested permission to appeal her convictions. After a three-day hearing last month, a panel of judges at the Court of Appeal said it would deliver a decision on that request at a later date.
In Britain, those trying to read the New Yorker article on internet browsers are greeted by an error message: “Oops. Our apologies. This is, almost certainly, not the page you were looking for.” But the block is not comprehensive: The article can be read in the printed edition, which is available in stores in Britain, and on The New Yorker’s mobile app.
The questions about its availability in Britain have prompted a debate around England’s reporting restrictions, their effectiveness and their role in the justice system.
Speaking in Parliament on Tuesday, David Davis, a Conservative Party lawmaker and former cabinet minister, questioned whether the restricting of reporting might, in this instance, undermine the principle of open justice, which allows the public to scrutinize and understand the workings of the law.
“The article was blocked from publication on the U.K. internet, I understand because of a court order,” Mr. Davis said. “I am sure that court order was well intended, but it seems to me that it is in defiance of open justice.”
He was able to raise the issue because he has legal protection for comments made in the House of Commons under what is known as parliamentary privilege. Media organizations have a more limited form of protection, known as qualified privilege, to accurately report what is said in Parliament.
In his response to the question from Mr. Davis, Alex Chalk, the justice secretary, said: “Court orders must be obeyed, and a person can apply to the court for them to be removed. That will need to take place in the normal course of events.”
Mr. Chalk added: “On the Lucy Letby case, I simply make the point that juries’ verdicts must be respected. If there are grounds for an appeal, that should take place in the normal way.”
The entire story can be read at:
https://www.nytimes.com/2024/05/16/world/europe/new-yorker-story-murder-letby-britain.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/120008354894645705/4704913685758792985
---------------------------------------------------------------
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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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
——————————————————————————— 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-12348801
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