Discredited Forensic Scientist Henry Lee: Connecticut: Fall of an icon: (From our 'I can't wait to see this one' department); TV News Check - a media business publication - shines its spotlight on the upcoming premiere of the WVIT Hartford Connecticut Investigative Documentary, ‘Traces Of Doubt: The Forensics Of Dr. Henry Lee.'…"Despite his credentials and celebrated career, a case from the 1980s recently raised concerns over his role as an expert witness and consultant. In 2023, Lee was found liable for fabricating evidence in a 1989 Connecticut murder trial that sent Ralph Birch and Shawn Henning to prison. Their convictions, vacated in 2020 after they served decades in prison, relied in part on Lee’s testimony about blood evidence at the crime scene. A State Supreme Court Judge found Dr. Lee gave incorrect testimony. A higher court decided the state of Connecticut could be sued because Dr. Lee fabricated evidence of their convictions, vacated in 2020 after they served decades in prison. When the evidence was retested years later in a state lab, no blood was found. This revelation prompted NBC Connecticut Investigates to review the case and Lee’s testimony and investigate other aspects of his career as a consultant and expert witness. Traces of Doubt: The Forensics of Dr. Henry Lee “uncovers compelling questions about his methods, and sheds new light on his legacy and the impact of his testimony on the justice system, defendants, and their families,” the station said. "

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THE  TRAILER:  "Traces of Doubt. The forensics of Dr. Henry Lee:  Publisher's Note: (This trailer has me 'hooked.' I can't wait until the documentary runs on NBC, on August 12;  HL);

https://www.nbcconnecticut.com/investigations/trailer-traces-of-doubt-the-forensics-of-dr-henry-lee/3345818/

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PASSAGE OF THE DAY: "NBC-owned WVIT Hartford, Conn. (NBC Connecticut) announced an Aug. 12 premiere for an investigative documentary on famed Connecticut-based forensic scientist Dr. Henry Lee, who during his career consulted for more than 600 law enforcement agencies and testified more than 1,000 times in criminal and civil courts. The one-hour program details his role in the wrongful convictions of two Connecticut men and examines questions from the Innocence Project and others impacted from his findings about his credibility and methods."

STORY: "WVIT Hartford To Premiere Documentary 'Traces Of Doubt: The Forensics Of Dr. Henry Lee,' published by  TV News Check, on July 30, 2024. (By TVN Staff);

NBC-owned WVIT Hartford, Conn. (NBC Connecticut) announced an Aug. 12 premiere for an investigative documentary on famed Connecticut-based forensic scientist Dr. Henry Lee, who during his career consulted for more than 600 law enforcement agencies and testified more than 1,000 times in criminal and civil courts. The one-hour program details his role in the wrongful convictions of two Connecticut men and examines questions from the Innocence Project and others impacted from his findings about his credibility and methods. 

Once renowned as one of the world’s foremost forensic scientists, Lee formerly led Connecticut’s state forensic laboratory and founded the University of New Haven’s Henry C. Lee College of Criminal Justice and Forensic Sciences. He rose in prominence after testifying in O.J. Simpson’s murder trial in 1995 and subsequently contributed to several high-profile investigations and trials, including the murder of JonBenet Ramsey, the death of Chandra Levy, and the kidnapping of Elizabeth Smart.

Despite his credentials and celebrated career, a case from the 1980s recently raised concerns over his role as an expert witness and consultant. In 2023, Lee was found liable for fabricating evidence in a 1989 Connecticut murder trial that sent Ralph Birch and Shawn Henning to prison. Their convictions, vacated in 2020 after they served decades in prison, relied in part on Lee’s testimony about blood evidence at the crime scene. A State Supreme Court Judge found Dr. Lee gave incorrect testimony. A higher court decided the state of Connecticut could be sued because Dr. Lee fabricated evidence of their convictions, vacated in 2020 after they served decades in prison. When the evidence was retested years later in a state lab, no blood was found.

This revelation prompted NBC Connecticut Investigates to review the case and Lee’s testimony and investigate other aspects of his career as a consultant and expert witness. Traces of Doubt: The Forensics of Dr. Henry Lee “uncovers compelling questions about his methods, and sheds new light on his legacy and the impact of his testimony on the justice system, defendants, and their families,” the station said. 

Tracy Davis, WVIT VP of news, said: “Our mission is to deliver compelling content and cover storylines that serve our communities, including ones that challenge those in positions in power. We’re proud of our role in providing accountability and informing our viewers,” said “We anticipate that our viewers will gain valuable insights and form their own perspectives after tuning in to our NBC Connecticut Investigates exclusive on Aug. 12.”

Traces of Doubt: The Forensics of Dr. Henry Lee features an exclusive conversation with Lee about the cases in question. Also included are interviews with those who were imprisoned under questionable circumstances, as well as supporters of Lee and advocates of his work. The program also presents physical evidence, crime scene video, and photographs that have never been made public.

Traces of Doubt: The Forensics of Dr. Henry Lee will debut Aug. 12 at 7 p.m. across NBC Connecticut’s TV, streaming and digital media platforms, including the free, ad-supported streaming TV (FAST) channel NBC Connecticut News, which is available across leading streaming services and connected TV platforms. The program will encore multiple times and will be available on-demand. 

The entire post can be read at:

https://tvnewscheck.com/journalism/article/wvit-hartford-to-premiere-documentary-traces-of-doubt-the-forensics-of-dr-henry-lee/

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;

Christopher Dunn: Missouri: Major (Welcome) Development; A free man at last (despite Attorney-General Andrew Bailey's unconscionable efforts to keep an innocent man behind bars)- and charges dropped - after 34 years in prison for a murder he did not commit," STLPR (Reporter Lucretia Wimbley) reports…"Dunn didn't say a word at first and stood silent for a few seconds. Asked by reporters how he felt to be out of prison, he said simply "surreal." With a smile on his face, Dunn then added: "Thank you, St. Louis, we did it. But it shouldn't have taken so long. Not 34 years. There's not enough words in the dictionary to describe this day right here."

PASSAGE OF THE DAY: "Dunn was convicted in the 1990 murder of 15-year-old Ricco Rogers in the city's Wells-Goodfellow neighborhood. And his conviction was largely based on the testimony of two boys, ages 12 and 14, who later recanted their statements."

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PASSAGE TWO OF THE DAY:  "The fight for his freedom has been going on for years. In 2020, Circuit Court Judge William Hickle found that a jury would likely find Dunn not guilty based on new evidence, but the judge declined to order Dunn’s release citing a 2016 Missouri Supreme Court ruling that only people on death row can make a freestanding claim of actual innocence.  A new state law took effect in 2021 that allows prosecutors to file petitions when they believe an innocent person is imprisoned. Gore asked the court in February to vacate Dunn’s conviction, which ultimately led to Sengheiser overturning the sentence last week due to a lack of evidence. (Attorney General) Bailey similarly fought against the release of Sandra Hemme, who spent 43 years in prison for the fatal stabbing of a St. Joseph, Mo., woman in 1980. The judge in that case cited evidence of "actual innocence" on June 14 and ordered her release. Bailey's appeals all the way to the state supreme court kept her imprisoned at the Chillicothe Correctional Center until July 19."

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 "STORY: "Christopher Dunn is a free man after 34 years in prison for a murder he didn't commit" by General Assignment Reporer Lucretia Wimbley, published by STLPR, 0n July 30. (Lacretia Wimbley got her Bachelor's Degree in Communication and Journalism from Mississippi State University in 2016. Wimbley spent six years at the Pittsburgh Post-Gazette in various roles, including copy editing, page design and breaking/feature news reporting. She has also covered stories on the Hill District of Pittsburgh for the Heinz Endowments Magazine. She was elected President of the Newspaper Guild of Pittsburgh in 2020 and served until 2022. )

GIST: Christopher Dunn is a free man.

After serving more than 30 years in prison for a murder he didn’t commit, Dunn walked out of the Carnahan Courthouse in St. Louis on Tuesday — hours after Circuit Attorney Gabe Gore officially dropped the charges against him.

Dressed in a brown blazer and khaki slacks, Dunn walked out of the building and stood on the steps with his hands in his pockets. His wife, Kira Dunn, stood next to him.

Dunn didn't say a word at first and stood silent for a few seconds. Asked by reporters how he felt to be out of prison, he said simply "surreal."

With a smile on his face, Dunn then added: "Thank you, St. Louis, we did it. But it shouldn't have taken so long. Not 34 years. There's not enough words in the dictionary to describe this day right here."

He told reporters that he never gave up because his family never gave up. He thanked his wife for standing with him, and Gore for putting his life and career on the line for him. He also expressed gratitude for his legal team at the Midwest Innocence Project and other attorneys who assisted from New York.

“It’s easy to give up in prison when you lose hope," Dunn said. "But when the system choose[s] to throw you away, you have to ask yourself if you’re willing to just settle for it or you’re going to fight for it. I come from a strong family. I don’t know not how to fight. This is what we have done for the majority of our lives.

"And whether you want to believe it or not, everyone that’s in prison, there’s a chance for everyone. The thing is though, you can’t give up.

“Let their stories be heard,” he said. “Don’t give up on them. Give them a chance.”

Dunn then gave his mother, Martha Dunn, a long embrace before leaving the courthouse.

Dunn was convicted in the 1990 murder of 15-year-old Ricco Rogers in the city's Wells-Goodfellow neighborhood. And his conviction was largely based on the testimony of two boys, ages 12 and 14, who later recanted their statements.

Dunn’s release came hours after the Missouri Supreme Court lifted an emergency order it issued last week that paused a ruling by St. Louis Circuit Judge Jason Sengheiser. 

Sengheiser had overturned Dunn’s conviction on July 22 and ordered his immediate release, but the South Central Correctional Center in Licking where Dunn was being held refused to release him, following advice from Republican Missouri Attorney General Andrew Bailey. 

In a virtual emergency hearing on July 24, Sengheiser gave South Central's warden until 6 p.m. to release Dunn or face being held in contempt. He noted that defiance of a court order would not be tolerated. The high court then put a hold on Sengheiser's ruling after Bailey filed a writ at the last minute that day. 

In their opinion, Supreme Court judges wrote that Bailey does not have the authority to hold an inmate in prison. They also wrote that for Dunn to be released, the circuit attorney had to follow proper procedure and drop the charges.

This last week of legal maneuvers has been testing, Dunn said Tuesday.

"To hear the decision of the judge, and then get prepared to leave on [July 24] only to be brought back into the prison, it was torture," Dunn said. "It's something that you shouldn't have to put anyone through, but then again, this is what they do."

Dunn was transported from the South Central Correctional Center in Licking to the St. Louis City Circuit Court in downtown St. Louis' Carnahan Courthouse late Tuesday afternoon.

The fight for his freedom has been going on for years.

In 2020, Circuit Court Judge William Hickle found that a jury would likely find Dunn not guilty based on new evidence, but the judge declined to order Dunn’s release citing a 2016 Missouri Supreme Court ruling that only people on death row can make a freestanding claim of actual innocence. 

A new state law took effect in 2021 that allows prosecutors to file petitions when they believe an innocent person is imprisoned. Gore asked the court in February to vacate Dunn’s conviction, which ultimately led to Sengheiser overturning the sentence last week due to a lack of evidence.

Bailey similarly fought against the release of Sandra Hemme, who spent 43 years in prison for the fatal stabbing of a St. Joseph, Mo., woman in 1980. The judge in that case cited evidence of "actual innocence" on June 14 and ordered her release. Bailey's appeals all the way to the state supreme court kept her imprisoned at the Chillicothe Correctional Center until July 19.

Tricia Rojo Bushnell, executive director at the Midwest Innocence Project, said Dunn's lawyers are thrilled that he is reunited with his family after serving so much time for a crime he didn’t commit.

“We look forward to supporting Chris as he rebuilds his life,” Bushnell said. “But our joy in welcoming Chris home is tempered by the additional days and moments stolen from him by this week’s proceedings. We are grateful for the outpouring of support from all corners of the country over the past few days. As we all observed, that was not justice.”

Before the state supreme court issued their opinion, the Missouri State Conference of the NAACP, along with other civil rights advocates, stood outside Bailey’s St. Louis office Tuesday morning demanding that he stop blocking Dunn’s freedom.

Dunn said although he's lost his youth and have gone through a number of medical issues while in prison, he's ready to live his life. He said he's looking forward to attending baseball games at Busch Stadium.

"If I hold onto the negativity, if I keep on holding onto the past, I will never be able to move forward," Dunn said. "For those who participated in my prosecution, I forgive you. I'm not gone forget, but I forgive you.""

The entire story can be read at:

https://www.stlpr.org/law-order/2024-07-30/missouri-christopher-dunn-released-prison-wrongful-conviction

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;

Chazlee Lemons: Michigan: Major (Welcome) Development: The Michigan Supreme Court has overturned a 2006 murder conviction in the death of an infant in an appeal that centered on new opinions about so-called shaken baby syndrome, Associated Press News (Reporter Ed White) reports…"The court said Chazlee Lemons, who is serving a life prison sentence, deserves a new trial. Her lawyers have lined up scientific experts, and the doctor who performed the autopsy nearly 20 years ago changed his opinion on the manner of Nakita Lemons’ death. It’s probable that a “jury would have a reasonable doubt” about Lemons’ guilt, the court said Thursday in a 5-2 decision led by Justice Megan Cavanagh. Lemons was represented by the Innocence Clinic at University of Michigan Law School, which has successfully challenged similar convictions across the state."

PUBLISHER'S NOTE: Dear Reader: Something is terribly wrong in this picture. Texas is set to kill  Robert Roberson based on  the  debunked junk 'science' called 'shaken baby syndrome' on October 17.  In this lust to kill, no court or politician has proven willing to halt the  execution of this innocent,  grieving father. As you will read in this post (July 30, 2024),  the Michigan Supreme Court  has overturned a 2006 murder conviction in the death of an infant in an appeal that centered on "new opinions about  the so-called syndrome." Too bad they won't be able to rectify it for Robert Roberson.'

Harold Levy: Publisher:  The Charles Smith Blog.

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PASSAGE OF THE DAY: "Nakita, who had experienced breathing problems since birth, was a few months old when she died while in Lemons’ care in 2005. The prosecutor charged the parent with first-degree murder, based on autopsy results and her statements to police. Lemons told police that she shook Nakita three or four times to get her to stop crying, according to a summary of the case.

Dr. Bader Cassin, who performed the autopsy, said his examination revealed a swollen brain and retinal hemorrhages. At trial, he classified the death as shaken baby syndrome. Lemons’ lawyer at that time did not offer an expert to rebut Cassin. But Cassin’s opinion changed in 2017 during an effort to reopen the case in Wayne County court. He said Nakita could have choked on baby formula. He noted that biomechanical scientists had demonstrated that the forces in shaking were insufficient to produce the injury."

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The Innocence Clinic also offered experts, including a biomechanical engineer with experience researching head injuries. Prosecutors had their own experts to back up the shaken baby syndrome theory. A judge and the state appeals court ultimately upheld Lemons’ conviction. The Supreme Court acknowledged that Lemons had made incriminating statements to police about shaking Nakita. But the court said a jury at a new trial might find that the confession was false. “As we have recognized elsewhere, suspects presented with seemingly incontrovertible physical evidence of their guilt may confess falsely to ameliorate their current conditions,” the court said."

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STORY: "Michigan's top court throws out 2006 conviction linked to shaken baby syndrome," by Associated Press News reporter Ed White, published on July 26, 2024.

GIST: "The Michigan Supreme Court overturned a 2006 murder conviction in the death of an infant in an appeal that centered on new opinions about so-called shaken baby syndrome.

The court said Chazlee Lemons, who is serving a life prison sentence, deserves a new trial. Her lawyers have lined up scientific experts, and the doctor who performed the autopsy nearly 20 years ago changed his opinion on the manner of Nakita Lemons’ death.

It’s probable that a “jury would have a reasonable doubt” about Lemons’ guilt, the court said Thursday in a 5-2 decision led by Justice Megan Cavanagh.

Lemons was represented by the Innocence Clinic at University of Michigan Law School, which has successfully challenged similar convictions across the state.

The Wayne County prosecutor, Kym Worthy, said her office was disheartened by the court’s decision and will take Lemons to trial again.

“This child went through unspeakable trauma,” Worthy said.

Nakita, who had experienced breathing problems since birth, was a few months old when she died while in Lemons’ care in 2005. The prosecutor charged the parent with first-degree murder, based on autopsy results and her statements to police.

Lemons told police that she shook Nakita three or four times to get her to stop crying, according to a summary of the case.

Dr. Bader Cassin, who performed the autopsy, said his examination revealed a swollen brain and retinal hemorrhages. At trial, he classified the death as shaken baby syndrome. Lemons’ lawyer at that time did not offer an expert to rebut Cassin.

But Cassin’s opinion changed in 2017 during an effort to reopen the case in Wayne County court. He said Nakita could have choked on baby formula. He noted that biomechanical scientists had demonstrated that the forces in shaking were insufficient to produce the injury.

The Innocence Clinic also offered experts, including a biomechanical engineer with experience researching head injuries. Prosecutors had their own experts to back up the shaken baby syndrome theory. A judge and the state appeals court ultimately upheld Lemons’ conviction.

The Supreme Court acknowledged that Lemons had made incriminating statements to police about shaking Nakita. But the court said a jury at a new trial might find that the confession was false.

“As we have recognized elsewhere, suspects presented with seemingly incontrovertible physical evidence of their guilt may confess falsely to ameliorate their current conditions,” the court said.

In dissent, Justice Brian Zahra accused the majority of relying on “extraordinarily suspect evidence” to rule in favor of Lemons and reverse the decisions of a prominent Detroit-area judge. Zahra said there wasn’t scientific evidence to believe the brain injuries were caused by choking on formula.

In a court filing, the American Academy of Pediatrics supported the prosecutor and had urged the Supreme Court not to be swayed by “fringe courtroom science” questioning head injuries."

The entire story can be read at:

https://apnews.com/article/michigan-shaken-baby-syndrome-8451f7296bd892dcbbeb831ced853e11

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;

Criminalizing Reproduction: Attacks on science, medicine and the right to choose; Prof. Shoshanna Ehrlich writes in MS Magazine that Tennessee has become the second state to criminalize minor 'abortion trafficking - but activists are pushing back…"In May, following Idaho’s lead, Tennessee became the second state in the country to criminalize the ‘abortion trafficking’ of minors. The law makes it a Class A misdemeanor—the most serious of the three categories of misdemeanors in the state—for an adult, which would include, for example, an aunt, grandmother or older sibling, to harbor, recruit or transport an minor within the state for the purposes of: concealing an illegal abortion from a minor’s parents or guardians. procuring an abortion that is a crime under Tennessee law, regardless of whether it is legal where performed. obtaining abortion pills for an abortion that is a crime under Tennessee law, regardless of where the pills are obtained from. Those found guilty of abortion trafficking are subject to imprisonment for a term of 11 months and 29 days—the longest permissible sentence for a misdemeanor crime under Tennessee law.."

PUBLISHER'S NOTE:  In recent years, I have taken on the  theme of 'criminalizing reproduction' - a natural theme for a Blog concerned with  flawed science in its myriad forms  - as I am utterly opposed to the current movement in the United States (and some other countries) emboldened by the overturning of Roe Versus Wade,  towards imprisoning women and their physicians and others who help them secure a safe abortion,  on the basis of sham science (or any other basis). I can’t remember the source, but agree  totally with the sentiment that control over their reproductive lives is far too important to women in America - or anywhere else -  so they can  participate  equally in the economic and social life of their nations without fear for  loss their freedom at the hands of political opportunists and fanatics. (Far too many of those those around these days.) '

Harold Levy: Publisher; The Charles Smith Blog.

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PASSAGE ONE OF THE DAY: "In addition to being criminally prosecuted for assisting a teen to access a legal abortion, a person can also be sued civilly for the “wrongful death” of the unborn child—doubling down on the risk posed by this law. The suit can be brought by the parents of the “trafficked teen,” the teen herself, as well as the biological father (unless the pregnancy was the result of rape or incest). If the suit is successful, the ‘trafficker’ can be required to pay monetary damages to compensate the injured party for harms occasioned by the death of the fetus. These may include economic injuries, such as possibly the loss of future earnings, and emotional suffering. A court can also award punitive damages, which are intended to punish particularly egregious behavior."

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PASSAGE TWO OF THE DAY: "This law all but forecloses the availability of an escape route for teens from being forced into parenthood."

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PASSAGE THREE OF THE DAY: "In short, the law gives the state adds yet another layer of legal surveillance and control over the pregnant teen’s body in a devastating attempt to foreclose this disfavored pregnancy outcome in favor of pressing teens into parenthood by legal fiat."

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STORY: "Tennessee Is the Second State to Criminalize Minor ‘Abortion Trafficking.’ Activists Are Pushing Back' by Shoshanna Ehrlich, published by MS Magazine on July 10, 2024. (Shoshanna Ehrlich is professor emerita of women’s, gender and sexuality studies at the University of Massachusetts Boston. Her books include Who Decides: The Abortion Rights of Teens and the co-authored Abortion Regret: The New Attack on Reproductive Freedom. She is currently collaborating with the Planned Parenthood League of Massachusetts’ ASPIRE Center for Sexual and Reproductive Health on a minors’ abortion rights and access project.)

GIST: In May, following Idaho’s lead, Tennessee became the second state in the country to criminalize the ‘abortion trafficking’ of minors. The law makes it a Class A misdemeanor—the most serious of the three categories of misdemeanors in the state—for an adult, which would include, for example, an aunt, grandmother or older sibling, to harbor, recruit or transport an minor within the state for the purposes of:

• concealing an illegal abortion from a minor’s parents or guardians.
• procuring an abortion that is a crime under Tennessee law, regardless of whether it is legal where performed.
• obtaining abortion pills for an abortion that is a crime under Tennessee law, regardless of where the pills are obtained from.

Those found guilty of abortion trafficking are subject to imprisonment for a term of 11 months and 29 days—the longest permissible sentence for a misdemeanor crime under Tennessee law.

The phrase “within the state” may appear rather paradoxical, given that Tennessee has one of the strictest abortion bans in the country, making abortion virtually unavailable unless someone obtains one under a narrowly permitted exception. This means the law would serve no real function if it really took aim at in-state abortions.  

Instead, the use of this language can best be understood as an attempted strategic end-run around the uncertainty surrounding the largely unchartered legal waters of whether states have the authority to extend the reach of their criminal abortion laws across their borders. To avoid this potential quagmire, Tennessee’s trafficking law simply criminalizes the in-state portion of the journey to an out-of-state abortion provider. 

In addition to being criminally prosecuted for assisting a teen to access a legal abortion, a person can also be sued civilly for the “wrongful death” of the unborn child—doubling down on the risk posed by this law. The suit can be brought by the parents of the “trafficked teen,” the teen herself, as well as the biological father (unless the pregnancy was the result of rape or incest).

If the suit is successful, the ‘trafficker’ can be required to pay monetary damages to compensate the injured party for harms occasioned by the death of the fetus. These may include economic injuries, such as possibly the loss of future earnings, and emotional suffering. A court can also award punitive damages, which are intended to punish particularly egregious behavior. 

This law all but forecloses the availability of an escape route for teens from being forced into parenthood. The most obvious reason behind the prohibitory force of the law is the protection of a teen’s “unborn child”—defined by Tennessee law as “an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child [sic] from fertilization until birth.” 

However, the law’s exemption of a teen’s parents (or anyone who acts with their written and notarized consent) from criminal or civil liability makes clear that another agenda is also hard at work here, as this carve-out effectively gives parents the ultimate say over their pregnant child’s reproductive fate. This makes clear that a parental rights agenda is an integral component of Tennessee’s trafficking law, since they have veto power over their child’s abortion decision. 

This law all but forecloses the availability of an escape route for teens from being forced into parenthood.

Given that parents have the authority to assist their child to obtain an out-of-state abortion—which would be a challenge to do without adult assistance, since the state is bordered on all side by abortion ban or restrictive states with parental involvement laws—it appears that a parental rights agenda, rather than the protection of unborn children, is the real driver behind Tennessee’s (and Idaho’s) abortion trafficking law.

In fact, the legislative history behind the measure strongly suggests this is the case. As Rep. Jason Zachary, Republican sponsor of the law, asserted during a hearing on the bill, it was indeed intended as “an important ‘shield for parental rights.’” He explained that in “the state of Tennessee, you cannot take a child to an emergency room or any medical facility to obtain treatment without their parents’ permission if they’re under 18 … so this legislation simply says that if you are an adult, you are not allowed to take a minor who is not your child for any procedure related to an abortion without parental consent.”

While this may be the general rule, like all states, Tennessee has carved out a wide decisional space within which teens can self-consent to what is commonly referred to as “sensitive” medical care, including care related to sexual activity. Notably, prior to the state’s ban on abortion, a teen seeking to terminate a pregnancy had to first obtain the consent of either a parent or a judge by way of a judicial bypass hearing. However in cases both pre- and post-ban, a teen who instead opts to carry a pregnancy to term and then to either parent or relinquish the child for adoption can make these decisions for herself. 

This practice of subjecting teens who wish to terminate a pregnancy to a legal regime of “reproductive surveillance and control” is a powerful example of ‘abortion exceptionalism’—namely, the overregulation of abortion due to its “highly politicized and stigmatized status.” By effectively foreclosing the option of a legal out-of-state abortion, Tennessee’s abortion trafficking law brings the heightened marginalization and differential treatment of teens in abortion ban-states into particularly sharp focus.

Not only does this additional layer of overregulation exacerbate the differential treatment of teens based on their intended pregnancy outcome, it imposes an legal obstacle on abortion access for teens that is not imposed on adults. It should, of course, be noted that adults, particularly if low-income, are likely to face practical obstacles that limit access to cross-border abortion care.

Pushing Back Against the Trafficking Law

Late last month, Nashville Democratic Rep. Aftyn Behn and abortion rights attorney and activist Rachel Welty brought a lawsuit in federal district court challenging the trafficking law on constitutional grounds and asking to have it permanently enjoined. 

At the heart of their case, is their argument that the law “criminalizes pure speech based on the content and viewpoint a speaker stresses” regarding access to legal abortion care for teens.

On a more granular level, they zero in on the problematic nature of the “recruitment” prohibition, which they argue “appears to criminalize advocating for and facilitating access to legal abortion care, including abortion care provided out-of-state in compliance with the laws of sovereign jurisdictions.”

As a result, they fear that they will be prosecuted if they continue their advocacy work—a fear that is heightened by the simultaneous threat of also being sued for monetary damages for the ‘wrongful’ death of the fetus—in contravention of their right to free speech. They further argue that this chilling effect on their speech right is “especially destructive” for Rep. Behn because it “interferes with her role and duty as an elected official and simultaneously violates her constituents’ right to hear and receive information from her.”

Behn and Welty do not use expressly use the frame of abortion exceptionalism in their lawsuit. However, by centering it on the criminalization of protected speech based on its “content and viewpoint,” they do so implicitly by recognizing that the trafficking law “favor[s] the Tennessee government’s antiabortion views while criminalizing opposing advocacy.”

In short, the law gives the state adds yet another layer of legal surveillance and control over the pregnant teen’s body in a devastating attempt to foreclose this disfavored pregnancy outcome in favor of pressing teens into parenthood by legal fiat."

The entire story can be read at:

https://msmagazine.com/2024/07/10/tennessee-minor-abortion-trafficking/

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;