Monday, October 14, 2024

Tasha Selby: Mississippi: Dr. LeRoy Riddick: (The deceased medical examiner who later believed that he made a mistake when he ruled the death a 'homicide.")…Tasha Selby: Convicted of a murder that almost certainly never happened; Reporter Elizabeth Weill-Greenberg reports in 'The Appeal' that 'Junk science convicted Tasha Selby - and asks, 'Will Mississippi set her free?…"Prosecutors said she had shaken to death Bryan Thompson IV, her fiance’s two-year-old son from a previous relationship. But the case has since fallen apart. In 2015, the medical examiner who helped convict her recanted his testimony. Last year, a juror from her trial said he now believes Shelby is innocent. And the theory under which she was convicted—Shaken Baby Syndrome (SBS)—has been largely debunked. Symptoms associated with SBS can be caused by, among other things, illnesses, injuries sustained during childbirth, and short-distance falls."


PUBLISHER'S NOTE: This case is one more example of the danger of using a debunked theory - whose scientific validity lacks a consensus among medical practitioners -  as a tool for determining questions of 'innocence and guilt' - and even 'life and death' as in the case of Robert Roberson, who is to be executed by Texas, on October 17.  All eyes will by on Mississippi Governor Tate Reeves who has the power to grant Tasha Selby clemency,  and have her resentenced and released. I truly hope he does.

Harold Levy: Publisher. The Charles Smith Blog.

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PASSAGE OF THE DAY: "In 2015, Riddick said he made a mistake. He said that he now believed Thompson had fallen and suffered a seizure and that the child’s asthma had also contributed to his death. At the time of his initial examination, he says he did not know that Thompson’s family had a history of seizures or that Thompson was scheduled to see a neurologist before he died. In 2018, Riddick amended the manner of death on Thompson’s death certificate from homicide to accident. Riddick died in 2021. Daniel Mullen, a juror in Shelby’s initial trial, also agrees that the crime never occurred.  “I initially was of two jurors that voted for the death penalty, but I now believe Tasha Shelby is innocent,” Mullen said last year in a sworn statement provided to Shelby’s legal team.  Mullen said Riddick was “the most influential witness of the trial,” and his testimony was “the biggest factor” in why he voted to convict Shelby. Had Riddick ruled the death an accident at the time of trial, Mullen said, “there would have been absolutely no way Tasha Shelby would have been found guilty.”

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PASSAGE TWO OF THE DAY: "Courts have repeatedly rejected Shelby’s appeals.  Her future now rests with Governor Tate Reeves, who can grant her clemency petition, and the Mississippi Second Circuit Court District Attorney’s Office, who Beety says can petition the court to have Shelby resentenced and released.  Across the country, 34 people have been exonerated of Shaken Baby Syndrome, according to the National Registry of Exonerations. Courts have exonerated people in 14 SBS cases in the past three years alone."

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STORY: "Tasha Shelby Seeks Freedom After 'Shaken Baby' Conviction," by Reporter Elizabeth Weill-Greenberg, published by 'The Appeal' on October 14, 2024." (Elizabeth Weill-Greenberg is a Senior Reporter for The Appeal. Based in New Jersey, she writes on prison and jail conditions, wrongful convictions, and the criminalization of disabilities. Elizabeth has also written for The Nation, New York Focus, and TruthOut. Partnering with CoLAB Arts, she has written two interview-based plays, which have been performed in the Northeast—“Life, Death, Life Again: Children Sentenced to Die in Prison” and “Banished: A Family on the Sex Offender Registry.” She worked for eight years at the Innocence Project as a case analyst where her work was instrumental in several exonerations. She is the recipient, with journalist Juan Moreno Haines, of the 2020 California Journalism Awards Print Contest. They were awarded first place for At San Quentin, Overcrowding Laid The Groundwork For An Explosive COVID-19 Outbreak, in the category: Coverage of the COVID-19 Pandemic – Fallout, weeklies, circulation 25,0001 and over.")

SUB-HEADING:  "Junk science convicted her. Will Mississippi set her free?"

SUB-HEADING: "Tasha Shelby was sentenced to life in prison for allegedly shaking her fiance’s two-year-old son to death. But the science around “shaken baby syndrome” has unraveled, and the lead witness against her recanted his testimony."

GIST: "The state of Mississippi no longer has much of a case against Tasha Shelby. Almost 25 years ago, Shelby was convicted of a murder that almost certainly never happened. Prosecutors said she had shaken to death Bryan Thompson IV, her fiance’s two-year-old son from a previous relationship.

But the case has since fallen apart. In 2015, the medical examiner who helped convict her recanted his testimony. Last year, a juror from her trial said he now believes Shelby is innocent. And the theory under which she was convicted—Shaken Baby Syndrome (SBS)—has been largely debunked. Symptoms associated with SBS can be caused by, among other things, illnesses, injuries sustained during childbirth, and short-distance falls

To coincide with National Wrongful Convictions Day, Shelby’s legal team mailed an amended clemency petition to Gov. Tate Reeves and sent a copy to District Attorney Crosby Parker, Shelby’s attorney, Valena Beety, told The Appeal. Neither the governor nor prosector’s office responded to messages from The Appeal.

Beety says they last submitted a clemency petition in 2022 but did not receive an answer from the governor. Reeves has not yet granted any clemency petitions, but Shelby’s team hopes he’ll change course. 

Evidence of Shelby’s innocence is “overwhelming,” Beety said.

Shelby has always maintained that she heard a thump on the night of Thompson’s collapse and went to check on him. About two weeks earlier, Shelby, then 22, had given birth by emergency cesarean to a baby girl. She also had a three-year-old son, who was at a relative’s house for the night.


She found Thompson on the ground, seemingly having a seizure. She called her fiancé, who rushed home. They went to the hospital. But Thompson never regained consciousness. When the family arrived home later that night, Shelby says Child Protection Services was waiting for her. She says agents ripped her infant daughter from her arms.

After the state’s medical examiner, LeRoy Riddick, ruled the death a homicide, Shelby was arrested and convicted of capital murder. The jury opted for a life sentence over the death penalty. She’s been locked up ever since. 

“That is something that no one will ever be able to give back to me—those moments that I’ve lost as a mom,” Shelby told The Appeal in 2022.

In 2015, Riddick said he made a mistake. He said that he now believed Thompson had fallen and suffered a seizure and that the child’s asthma had also contributed to his death. At the time of his initial examination, he says he did not know that Thompson’s family had a history of seizures or that Thompson was scheduled to see a neurologist before he died.

In 2018, Riddick amended the manner of death on Thompson’s death certificate from homicide to accident. Riddick died in 2021.

Daniel Mullen, a juror in Shelby’s initial trial, also agrees that the crime never occurred. 

“I initially was of two jurors that voted for the death penalty, but I now believe Tasha Shelby is innocent,” Mullen said last year in a sworn statement provided to Shelby’s legal team

Mullen said Riddick was “the most influential witness of the trial,” and his testimony was “the biggest factor” in why he voted to convict Shelby. Had Riddick ruled the death an accident at the time of trial, Mullen said, “there would have been absolutely no way Tasha Shelby would have been found guilty.”

Courts have repeatedly rejected Shelby’s appeals. 

Her future now rests with Governor Tate Reeves, who can grant her clemency petition, and the Mississippi Second Circuit Court District Attorney’s Office, who Beety says can petition the court to have Shelby resentenced and released. 

Across the country, 34 people have been exonerated of Shaken Baby Syndrome, according to the National Registry of Exonerations. Courts have exonerated people in 14 SBS cases in the past three years alone.

In Shelby’s petition, her legal team mapped out the life she can have on the outside and what she’s accomplished during her incarceration. According to her petition, she’s earned numerous certificates in cosmetology and business technology, mentored other prisoners, and is respected by her college professors and prison staff. If released, she plans to continue her education at Millsaps College on a full scholarship and live with her aunt and uncle. 

“Tasha has a passion for history and one day hopes to become a teacher or professor,” her legal team wrote. “She also hopes to become an advocate for other people in the criminal legal system who have faced the same plight as her.""

The entire story can be read at:

https://theappeal.org/shaken-baby-syndrome-conviction-tasha-shelby/

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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