PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of scientific research showing how vulnerable suspects are to widely used interrogation methods such as the notorious ‘Reid Technique.’ As all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.
Harold Levy: Publisher; The Charles Smith Blog:
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Judge Ryan Horsman in Livingston County cited some of that evidence when he found that Hemme’s attorney had established “clear and convincing evidence” of “actual innocence.”
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GIST: "Years of legal wrangling have come to an end for a woman who spent 43 years behind bars for a killing that her attorneys argue was committed by a discredited police officer.
A judge ruled Tuesday that Sandra Hemme can’t be retried, the final step in a tumultuous journey to making her freedom permanent. Hemme had been the longest-held wrongly incarcerated woman known in the U.S., according to her legal team at the Innocence Project.
She was freed in July but under a cloud as Attorney General Andrew Bailey continued to argue that she should remain imprisoned. Last month, an appellate court found that some arguments raised by Bailey’s office bordered “on the absurd” and sided with the lower court judge that overturned her murder conviction. The ruling gave prosecutors 10 days to refile charges.
Once that time ran out, Hemme’s attorneys filed a motion seeking her “unconditional release.” They had no immediate comment on the decision to grant their request.
Hemme was being treated with heavy doses of antipsychotic drugs when she was first questioned about the 1980 murder of 31-year-old library worker Patricia Jeschke in St. Joseph. One of Hemme’s attorneys, Sean O’Brien, likened the drugs to a “chemical straightjacket” in an October hearing and said they raised questions about her ultimate confession.
O’Brien also outlined evidence that was withheld that pointed to Michael Holman — a former police officer, who died in 2015. Evidence showed that Holman’s pickup truck was seen outside Jeschke’s apartment, that he tried to use her credit card, and that her earrings were found in his home.
Judge Ryan Horsman in Livingston County cited some of that evidence when he found that Hemme’s attorney had established “clear and convincing evidence” of “actual innocence.”
But Bailey asked the appellate court to review Horsman’s decision, leading to a monthlong fight over whether she should be freed while that review took place. A circuit judge, an appellate court and the Missouri Supreme Court all agreed Hemme should be released, but she was still held behind bars as Bailey argued that she still had time to serve on decades-old prison assault cases.
Hemme walked free only after Horsman threatened to hold the attorney general’s office in contempt.
Now it is over. Tuesday’s ruling from Horsman orders her “permanently and unconditionally discharged from custody.”
The entire story can be read at:
https://www.newspressnow.com/freedom-is-permanent-for-missourian-described-as-the-longest-held-wrongly-incarcerated-woman-in-us/article_ddd75f40-b1df-11ef-9876-cfc3474a4a66.htmlPUBLISHER'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;
