BACKGROUND: Death Penalty Information Center: June 23, 2023: 'Lamont Hunter released from death row on plea agreement amid review of new evidence.'…"On June 15, 2023, Ohio death-sentenced prisoner Lamont Hunter (pictured) was released after serving nearly 18 years for allegedly causing the death of his 3-year-old son, Trustin Blue. To obtain his freedom, he pleaded guilty to lesser charges of involuntary manslaughter and child endangerment. Prosecutors agreed to offer a plea deal after Hamilton County Common Pleas Court Judge Christian A. Jenkins set bond for Mr. Hunter and dismissed prosecutors’ request to deny his bond. Mr. Hunter was convicted and sentenced to death in 2007 on charges of aggravated murder, child endangerment, and rape in the death of his son who suffered fatal injuries after accidentally falling down the stairs. In his appeal, his attorneys argued that newly discovered evidence cast doubt on the prosecution’s theory that Mr. Hunter caused Trustin’s injuries. In March 2023, the prosecutors agreed to a new trial and vacated his capital convictions because the deputy coroner who initially ruled the death as homicide changed her opinion in a 2021 deposition. Based on her review of evidence that she was not previously given at trial, she testified that the cause of death was undetermined and the injuries she had attributed to sexual assault were accidentally inflicted at the hospital. During last week’s hearing, Judge Christian A. Jenkins imposed a sentence of time served that was agreed upon as part of the plea deal. Mr. Hunter’s attorney, Erin Barnhart, said, “Trustin was in his care. He accidentally fell down the stairs. Lamont knows that, in a way, he’s responsible − he was the caregiver. But he never harmed Trustin. He loved Trustin.” Assistant Prosecutor Seth Tieger appreciated Mr. Hunter’s accountability by stating “that went a long way with us.”
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SECTION ONE: THE PODCAST:
Click here:
February 15, 2024. (Revised June 3, 2024):
SYNOPSIS: "January 18, 2006, 3-year-old Trustin Blue tumbled down his basement stairs in Cincinnati, OH, became unresponsive, and later brain dead. Trustin had been under the supervision of his mother’s boyfriend, Lamont Hunter, at the time of the incident. When Trustin was declared dead, the police began suspecting that Trustin had been raped and abused by Lamont, and had not actually fallen down the stairs as Lamont claimed. The case against Lamont was centered around allegations of prior abuse against Trustin and the manner of Trustin’s injuries. Lamont was convicted and sentenced to death for the incident.
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PASSAGE OF THE DAY: (From Section two: The interview: " Defense counsel later discovered during habeas proceedings that the injuries attributed to rape were actually caused by a nurse’s efforts to take Trustin’s core body temperature amidst the efforts of ICU staff to save his life. Subsequently, the medical examiner responsible for Trustin’s autopsy changed her opinion on the cause of death. After presenting this evidence to the court, Mr. Hunter was granted a motion for a new trial."
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SECTION TWO: THE INTERVIEW: Discussions with DPIC: "Managing Director Anne Holsinger speaks with Lamont Hunter, the former Ohio death-sentenced prisoner who was wrongfully convicted of causing the death of his three-year-old son." Revised: June 3, 2024.
GIST: "In this month’s episode of Discussions with DPIC, Managing Director Anne Holsinger speaks with Lamont Hunter (pictured), a former Ohio death-sentenced prisoner who was wrongfully convicted of causing the death of his three-year-old son. nearly 18 years of incarceration, Mr. Hunter was released from Ohio’s death row on June 15, 2023, after pleading guilty to lesser charges in exchange for his freedom.
Since his release, Mr. Hunter has spoken widely about his experience with the criminal legal system and the dangers of wrongful convictions.
Mr. Hunter describes the events in January 2006, when his girlfriend’s son, Trustin, fell down the basement stairs as he was doing laundry. “I panicked; I’m scared. I rushed over to him, grab him, and yell his name…he hit his head, which he ultimately died from the head trauma that he sustained from the fall,” Mr. Hunter said.
Mr. Hunter said he was frantic to save Trustin, performing CPR and calling for help.
At the hospital, Mr. Hunter was approached by homicide detectives and was eventually arrested and charged with aggravated murder and child endangerment, which later escalated to include a rape charge.
He was shocked by the additional rape charge, which stemmed from unexplained injuries.
After 21 months in county jail and a trial, Mr. Hunter was convicted and sentenced to death, and says “it was the worst time of my life.”
Mr. Hunter described the lengthy and challenging appeals process and highlighted the difficulties of obtaining justice in state courts due to political pressures on judges.
“No judge wants to appear soft on crime while they’re campaigning for their seat on the bench,” Mr. Hunter said. “And then you have these prosecutor’s offices who donate to their campaigns, you know, and help them…win their seats on the bench. So, it’s a lot of… I won’t say quid pro quo, but there’s a lot of scratch my back, I’ll scratch yours, sort of, you know, in politics.”
Mr. Hunter’s appeals in state courts were ultimately unsuccessful, but during his federal habeas appeal, the judge granted him access to discovery, which allowed his legal team to obtain previously withheld evidence.
“A federal judge and federal courts are more likely to listen to your argument and if your argument is valid, grant you the relief that you deserve to have,” said Mr. Hunter.
Defense counsel later discovered during habeas proceedings that the injuries attributed to rape were actually caused by a nurse’s efforts to take Trustin’s core body temperature amidst the efforts of ICU staff to save his life.
Subsequently, the medical examiner responsible for Trustin’s autopsy changed her opinion on the cause of death.
After presenting this evidence to the court, Mr. Hunter was granted a motion for a new trial.
Prosecutors offered Mr. Hunter an initial plea deal, which he turned down, but after failing to meet the bond set for his release, Mr. Hunter agreed to plead guilty to involuntary manslaughter and child endangerment.
After presenting this evidence to the court, Mr. Hunter was granted a motion for a new trial. Prosecutors offered Mr. Hunter an initial plea deal, which he turned down, but after failing to meet the bond set for his release, Mr. Hunter agreed to plead guilty to involuntary manslaughter and child endangerment.
Since his release from jail in June 2023, Mr. Hunter has faced many challenges in his day-to-day life. Mr. Hunter acknowledges that while he was fortunate enough to have a place to stay when he was released, noting that most formerly incarcerated people struggle to obtain housing, health insurance, and general financial assistance.
“Coming back to the city I was born and raised … A lot of things are different,” Mr. Hunter said. He also said that while there are organizations dedicated to helping people like himself, they are largely overwhelmed and underfunded.
“These organizations need funding to help people in situations as reentering society after… serving their debt to society if they’re guilty or if they’re innocent and [those] exonerated and don’t get compensation like [me], are still in need of these resources,” said Mr. Hunter.*
*Revised June 3, 2024
The entire summary of the interview can be read at:
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MY MOST RECENT POST ON THE ROBERT ROBERSON DEATH ROW SHAKEN BABY SYNDROME CASE: (June 3, 2024); Link below:
HEADING: Robert Roberson: Texas: "A really signiificant development: Brian Wharton, the retired supervising detective, says there was no crime in Robert Roberson’s Case, the Death Penalty Information Center reports - which may have some people (I hope) wondering what on earth is he doing on death row. There's something terribly wrong in this picture. HL…“It would be a terrible legacy for all of us to be associated with executing an innocent man based on a rush to judgment and bad science,” concluded Mr. Wharton. “We must prevent Texas from making a tragic, irreversible mistake.” Mr. Roberson’s conviction for the death of his two-year-old daughter, Nikki, centered around the now debunked theory of “shaken baby syndrome.” Mr. Wharton explains how the investigation largely relied on this “bad science” that was presented to the jury as “evidence-based science,” and highlights that there have been 32 exonerations of those wrongfully convicted under this theory, according to the National Registry of Exonerations."
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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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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;
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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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