Thursday, December 19, 2024

Kirstin Lobato: Las Vegas: Her attorneys from 'Loevy and Loevy' explain the landmark $34 million verdict which is (believed to be the largest award to a wrongfully convicted woman in U.S. history) - described by one of them as, "a clarion call for survivors of sexual assault who are then harmed by law enforcement who are meant to keep them safe"…"According to her lawsuit, Lobato had been wrongfully targeted by LVMPD (Las Vegas Metro Police Department) due to having defended herself against an unrelated rape attempt over a month before Bailey was killed. In fabricating their case against her, her lawyers argued, detectives mischaracterized and misrepresented her statements about this unrelated event, and wrote false reports essentially suggesting she had confessed to Bailey’s murder, despite knowing that she had not. In fact, Ms. Lobato was several hours away in Panaca, and had a rock-solid alibi for the time of Bailey’s death."


PASSAGE OF THE DAY: "“Detectives not only framed Blaise Lobato for murder, but they actually used the trauma of her earlier, unrelated sexual assault to do it,” says Elizabeth Wang, one of the attorneys representing Ms. Lobato. “Blaise was a vulnerable teenager, and the criminal justice system failed her. Today, the jury spoke the truth and delivered justice.”

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RELEASE: "Kirstin Blaise Lobato awarded $34 million in wrongful conviction suit against the police," by Author Nicole Byrne, published one  December 12, 2024.

After a week of emotional testimony, jury sides with Kirstin Blaise Lobato, who sued detectives she says framed her for the 2001 murder of a homeless man.

LAS VEGAS – Kirstin Blaise Lobato was only 18 years old when she was wrongfully arrested for the much-publicized murder of Duran Bailey, who was found beaten, stabbed, and mutilated behind a Las Vegas bank in 2001. She spent more than 16 years in jail, before being exonerated in 2017 and issued a certificate of innocence.

Today, nearly a quarter century after her arrest, Ms. Lobato’s long quest for justice came to an end, as a federal jury in her civil lawsuit against the Las Vegas Metro Police Department (LVMPD) found in her favor and awarded her $34 million in damages.

This is believed to be the largest award to a wrongfully convicted woman in U.S. history.

“I am so grateful to my attorneys, Loevy + Loevy, for taking my case when no one else would help me, and for working so hard on it,” says Ms. Lobato.

According to her lawsuit, Lobato had been wrongfully targeted by LVMPD due to having defended herself against an unrelated rape attempt over a month before Bailey was killed. 

In fabricating their case against her, her lawyers argued, detectives mischaracterized and misrepresented her statements about this unrelated event, and wrote false reports essentially suggesting she had confessed to Bailey’s murder, despite knowing that she had not.

 In fact, Ms. Lobato was several hours away in Panaca, and had a rock-solid alibi for the time of Bailey’s death.

“Detectives not only framed Blaise Lobato for murder, but they actually used the trauma of her earlier, unrelated sexual assault to do it,” says Elizabeth Wang, one of the attorneys representing Ms. Lobato. “Blaise was a vulnerable teenager, and the criminal justice system failed her. Today, the jury spoke the truth and delivered justice.”

David B. Owens, another of Ms. Lobato’s attorneys, says this landmark verdict is a clarion call for survivors of sexual assault who are then harmed by law enforcement who are meant to keep them safe.

“Blaise was a person the police should have treated with care, concern, and protection, but instead they built a bogus case around a teenager by weaponizing a rape attempt she survived. Our mothers, our daughters, our sisters, our friends should be protected; and when they are abused by law enforcement itself, it is disgusting and an injustice. We are thankful that this jury saw that truth.”

Ms. Lobato’s conviction was vacated by the Nevada state court in December 2017, and all charges against her were dropped. She was released in early January of 2018, after having spent over 16 years in prison. Earlier this year, the state court issued Ms. Lobato a Certificate of Innocence, removing the conviction from her record and officially declaring her innocent of all charges.

Today, the jury found for Ms. Lobato on all claims that detectives had fabricated evidence against her. In addition to the $34 million in compensatory damages, the jury also awarded $10,000 in punitive damages against each of the individual detectives.

For Ms. Lobato, this victory is the last vindicating step in a difficult journey that began when she was only 18.

“This is an extraordinary woman,” says attorney Megan Pierce. “Blaise has been through more in her life than a dozen women should be asked to survive, and she has come out of it tough, and fierce, and stronger than ever. We can’t wait to see what she does with the rest of her life, now that she’s free to put all this behind her.""

The entire story can be read atL 

https://www.loevy.com/kirstin-blaise-lobato-awarded-34-million-in-wrongful-conviction-suit-against-police/

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;