Thursday, November 28, 2024

Danyel Smith: Georgia: Major (Welcome) Development: (Shaken Baby Syndrome) The Georgia Supreme Court has agreed to to hear the appeal of this shaken baby syndrome case - after an investigation by the Atlantic News First - the ANF (staff reporters) reports…"Smith has always maintained his innocence. Back in April, Atlanta News First Investigative Reporter Andy Pierotti learned a new panel of neurosurgeons was re-examining how cases of so-called Shaken Baby Syndrome are determined and argued this may not be a case of abuse."


BACKGROUND: (From previous post: (link below): Reporter Elizabeth Weill-Greenberg; The Appeal: "The shaken baby syndrome hypothesis, which was first developed in the 1970s, posits that a so-called triad of symptoms—subdural hemorrhage, retinal hemorrhage, and brain swelling—are indicators of violent shaking. According to the theory, the injuries are so catastrophic that a victim would immediately collapse, which would mean the last person with the baby, likely a caregiver who called for help, is almost certainly the perpetrator. At trial, medical experts for the State typically dismiss other possible explanations, such as an illness or a short-distance fall, and say the trauma sustained is comparable to a fall from a multi-story building or a car crash. The case against Smith rested entirely on the SBS theory. No eyewitnesses or physical evidence suggested that Smith had ever harmed his son. But at Smith’s trial, prosecutors called medical doctors to testify that Chandler’s symptoms alone were proof that Smith had abused him. “We have a collection of findings here that are classic and in some cases virtually exclusive for violent shaking,” the county medical examiner testified.  A pediatric neurosurgeon told the jury, “Unless somebody could tell me something else was going on with this child … I think he was a shaken baby. I’ll be happy if somebody can tell me something else.”


https://theappeal.org/danyel-smith-shaken-baby-syndrome-georgia-rejecte/


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PASSAGE  OF THE DAY: "The state’s medical examiner ruled the boy’s death a homicide, caused by blunt force trauma.  Prosecutors told the jury it was a “shaken baby” case. Smith was 28 at the time and until then, had no prior criminal record."

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STORY: "Georgia Supreme Court to hear appeal of 'shaken baby' case after ANF investigation," published by Atlanta News First, one November 26, 2024.

SUB-HEADING: "Danyel Smith was convicted of killing his 2-month-old son in what prosecutors called a case of ‘Shaken Baby Syndrome.’"


GIST: "After an Atlanta News First investigation, the Georgia Supreme Court has stepped in to determine the fate of a man sentenced to life in prison.


Danyel Smith was convicted of killing his 2-month-old son in Gwinnett County in 2003 in what prosecutors said was a case of “Shaken Baby Syndrome.” 

The state’s medical examiner ruled the boy’s death a homicide, caused by blunt force trauma. 

Prosecutors told the jury it was a “shaken baby” case. Smith was 28 at the time and until then, had no prior criminal record.

Smith has always maintained his innocence.

Back in April, Atlanta News First Investigative Reporter Andy Pierotti learned a new panel of neurosurgeons was re-examining how cases of so-called Shaken Baby Syndrome are determined and argued this may not be a case of abuse."

The entire story can  be read at:  

https://www.atlantanewsfirst.com/2024/11/26/georgia-supreme-court-hear-appeal-shaken-baby-case-after-anf-investigation/

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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