STORY ONE: Tomasz Komenda: Poland: ACQUITTED (After 18 years in prison): 2018;
----------------------------------------------------------------
QUOTE OF THE DAY: "Mr Komenda later said: "For the last 18 years I have been asking myself: 'What have I done wrong to have my life turned into hell?' "All that time, I was treated like filth." He said he is now under psychological care."
STORY: "Man acquitted acquitted after serving 18 years in Polish prison for rape and murder of teenager he did not commit, The Independent reports, by Tom Embury, published by The Independent, on May 17, 2018.
SUB-HEADING: "Advanced forensic techniques shed new light on evidence."
GIST: "A man falsely imprisoned for 18 years over the rape and murder of a teenager has been acquitted by Poland's supreme court. Judges ruled Tomasz Komenda could not have committed the crime after advanced forensic techniques shed new light on the evidence.
The 42-year-old, who gave a cry of relief after the verdict was announced, said life in prison was "hell" and that he had been "treated like filth" behind bars.
Mr Komenda's case has shocked the nation, with Poland's right-wing government highlighting it as an example of what it says is a malfunctioning justice system requiring deep reform.
Justice minister Zbigniew Ziobro, however, said the acquittal showed the mistakes of the system can be corrected.
He said: "No-one can give back the years that Tomasz Komenda has lost. Still, the acquittal restores the sense of dignity of an innocent man who had been wrongly convicted."
Mr Komenda left prison in March after prosecutors revisited his case and came to the conclusion he was innocent.
The review was ordered by Mr Ziobro at the request of the parents of the 15-year-old victim, who was killed during a 1997 New Year party in southwestern Poland.
They had developed doubts as to Mr Komenda's guilt. The prosecutors appealed to the supreme court for his acquittal. Mr Komenda buried his face in his hands when the three-judge panel declared him innocent and said previous evidence and new facts showed he could not have committed the crime.
Mr Komenda later said: "For the last 18 years I have been asking myself: 'What have I done wrong to have my life turned into hell?' "All that time, I was treated like filth."
He said he is now under psychological care.
The judges' verdict also pointed to mistakes in the process of gathering evidence and to a negligent approach to testimony from the defence witnesses.
Those mistakes are now under investigation. Mr Komenda's lawyer, Zbigniew Cwiakalski, said he will seek more than 10 million zlotys (£2m) in damages for Mr Komenda for the wrongful conviction and his years in prison."
——————————————————
------------------------------------------------------
STORY TWO: Tomasz Komenda: COMPENSATED; 2021:
PASSAGE ONE OF THE DAY: " Last year, a court in Wrocław sentenced two men, named only as Ireneusz M. and Norbert B., to 25 years in prison for Małgorzata Kwiatkowska’s murder, after new evidence from her clothes and body linked them to the scene."
———————————————————————————
PASSAGE TWO OF THE DAY: " "Speaking when Komenda was released, a judge, Jerzy Nowiński, said his sentence had been the result of “a wave of errors and mistakes”. He also suggested that courts “may have operated under some pressure,” reported Polityka.
———————————————————————————
PASSAGE THREE OF THE DAY: "After a police composite sketch of a man linked to the victim was broadcast on a television programme about her murder, Komenda was identified as a suspect in the case, reports Polityka. Experts also suggested that hair and tooth marks from the scene could be linked to him, although they noted that they might belong to other people too. During police interviews, Komenda initially confirmed he had been in Miłoszyce on the night in question and had had consensual sex with a girl there. But later he said he had been forced to confess under duress, including physical violence against him. Twelve people had provided alibis saying he was at his home in Wrocław on the night in question."
------------------------------------
QUOTE OF THE DAY: "The amount awarded is not final, and could still be appealed. In a statement quoted by Onet, Komenda said he did not have any concrete plans about an appeal. “Some time has to pass and then I will know what to do next,” he added. However, he expressed satisfaction that he would now be able to “finally start to live”. He also said that he would be spending time with his son, who was born in December."
——————————————
STORY: "Man wrongly imprisoned for 18 years wins Poland’s highest ever compensation payout, by Juliette Bretan, published by NFP ( Notes From Poland) on February 9. 2025. (Juliette Bretan is a freelance journalist covering Polish and Eastern European current affairs and culture. Her work has featured on the BBC World Service, and in CityMetric, The Independent, Ozy, New Eastern Europe and Culture.)
GIST: "A man who spent 18 years wrongly imprisoned for a murder he did not commit before finally being released and exonerated last year has filed a demand for almost 19 million zloty compensation: 1 million for each year in prison plus 800,000 in lost earnings
Komenda was detained in 2000, at the age of 23, accused of the rape and murder of 15-year-old Małgorzata Kwiatkowska, whose body had been discovered in Miłoszyce, near Wrocław, on New Year’s Day in 1997.
After a police composite sketch of a man linked to the victim was broadcast on a television programme about her murder, Komenda was identified as a suspect in the case, reports Polityka.
Experts also suggested that hair and tooth marks from the scene could be linked to him, although they noted that they might belong to other people too.
During police interviews, Komenda initially confirmed he had been in Miłoszyce on the night in question and had had consensual sex with a girl there.
But later he said he had been forced to confess under duress, including physical violence against him.
Twelve people had provided alibis saying he was at his home in Wrocław on the night in question.
In 2003, Komenda was found guilty and sentenced to 15 years in prison, which was later increased to 25 years on appeal.
However, a 2016 investigation into the case, encouraged by the victim’s parents, revealed that Komenda was in fact not linked to the murder.
New forensics on traces from the crime scene showed that the original findings were unreliable, and witness testimonies were also re-evaluated.
Komenda was provisionally released in March 2018, and the Supreme Court quashed his conviction in May of that year.
Speaking when Komenda was released, a judge, Jerzy Nowiński, said his sentence had been the result of “a wave of errors and mistakes”. He also suggested that courts “may have operated under some pressure,” reported Polityka.
Last year, a court in Wrocław sentenced two men, named only as Ireneusz M. and Norbert B., to 25 years in prison for Małgorzata Kwiatkowska’s murder, after new evidence from her clothes and body linked them to the scene.
In 2018, Komenda launched a claim for almost 19 million zloty compensation from the state: one million for each year spent in prison plus 800,000 for lost earnings.
The prime minister, Mateusz Morawiecki, announced at the time that he was authorising a special payment of 4,000 zloty per month to Komenda until his compensation case was decided.
During court hearings, Komenda and his family were required to give information regarding his experiences in prison and his difficulties in readjusting to life outside jail.
One of his lawyers, Zbigniew Ćwiąkalski, said that no compensation could restore the years his client had spent in prison.
He stressed that Komenda had suffered a “real nightmare” behind bars, where he was mistreated by prison staff and his fellow inmates.
Yesterday, the court awarded Komenda 12 million zloty compensation, plus an extra 811,533 zloty in damages. Lawyer Ryszard Kalisz told TVN24 that it was “the highest amount of compensation in the history of the Polish judiciary”, but it seemed “fair” given the nature of the case.'
The amount awarded is not final, and could still be appealed. In a statement quoted by Onet, Komenda said he did not have any concrete plans about an appeal. “Some time has to pass and then I will know what to do next,” he added.
However, he expressed satisfaction that he would now be able to “finally start to live”. He also said that he would be spending time with his son, who was born in December."
------------------------------
STORY THREE: Tomasz Komenda: DEAD: 2025:
PASSAGE OF THE DAY: "Komenda, an innocent man, found himself ensnared in a nightmare when he was wrongfully accused and, in 2004, sentenced to 25 years behind bars.
The Strzelin Prison Facility became his unwelcome home for 18 harrowing years, during which the specter of despair drove him to the brink of suicide on three occasions. But Komenda’s story is not merely one of suffering; it is also a profound critique of the judicial mechanisms that failed him."
----------------------------------------------------------------
STORY: " Unjustly Convicted Man Passes Away at the Age of 46, published by PAP on February 2, 2025.
SUB-HEADING: "Tomasz Komenda, a man who spent 18 years in prison after being wrongly convicted of rape and murder of a 15-year-old girl, has died at the age of 46."
GIST: "Tomasz Komenda’s life narrative unfolded like a tragic film script, marked by wrongful conviction, a grueling fight for justice, and a battle with a merciless illness.
Komenda, who passed away at the tender age of 46 after a valiant struggle against cancer, leaves behind a legacy that is both heartbreaking and inspirational.
His demise was confirmed by his legal representative, Professor Zbigniew Ćwiąkalski, to the media, casting a somber shadow over a tale of resilience and human spirit.
The saga began on a fateful New Year’s Eve in 1996/1997, in the small town of Miłoszyce, where a 15-year-old girl was brutally raped and murdered.
Komenda, an innocent man, found himself ensnared in a nightmare when he was wrongfully accused and, in 2004, sentenced to 25 years behind bars.
The Strzelin Prison Facility became his unwelcome home for 18 harrowing years, during which the specter of despair drove him to the brink of suicide on three occasions.
But Komenda’s story is not merely one of suffering; it is also a profound critique of the judicial mechanisms that failed him.
The evidence that led to his conviction — notably expert testimony regarding dental and scent traces at the crime scene — was later revealed to be fundamentally flawed. Yet, for years, these inaccuracies went unquestioned, leading to a gross miscarriage of justice.
It was only in 2018, after enduring nearly two decades of wrongful imprisonment, that Komenda was conditionally released, his innocence finally recognized by the Wrocław District Penitentiary Court. The announcement was a bittersweet moment, highlighting both the strength of the human will to survive and the deep flaws within the system meant to protect it.
The subsequent investigation by the Łódź District Prosecutor’s Office into the procedural irregularities of Komenda’s case shed light on a disturbing reality: successive layers of the justice system had blindly trusted erroneous expert opinions without due diligence. This oversight not only robbed Komenda of precious years but also underscored the critical need for reform."
"https://www.pap.pl/en/news/polish-man-who-spent-18-years-prison-after-wrongful-conviction-dies
————————————————————————
PUBLISHER'S NOTE: I am grateful to 'Authory' a valuable service which creates a portfolio of all of my posts since I fired my first post into the cybersphere on the Charles Smith Blog on September 29, 2007, some 17 years ago. Today's post is number 11, 784 Yikes! Yes, this is a compulsion, but it's a healthy one ! One of the best features of 'Authory' (which I am trying out on the Blog for the first time, is a search engine for the portfolio which makes it easier for readers to follow the many important cases, issues and developments (and occasional rants) in the area of flawed pathology, flawed pathologists, and whatever else might cross my mind in jurisdictions throughout the world which are at the heart of the Blog. So, dear reader, you can access the portfolio at the following link. Just type the inquiry into the search box at the following link, and hit enter. (The search box is on the top write side of the page under 'Read more.' Why not try it out, and, as encouraging use of this search function by my readers is rather new to me, any feedback on how it is working would be appreciated at: hlevy15@gmail.com. Cheers!
https://authory.com/HaroldLevy
Harold Levy: Publisher: The Charles Smith Blog.
——————————————————————————————
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/
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/
——————————————————————————————
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;