PASSAGE OF THE DAY: "Following the decision, McNeil released the following statement: "Misook’s killing of my daughter has been covered up since I first dialed 911. Innocence does not matter in McLean County, and if you are a child murdering serial killer the local criminal justice system will accommodate you at the expense of the innocent. Folks should ask themselves what is it that Misook Nowlin was previously involved in to account for this protective umbrella that has followed her every move since getting away with my daughter’s killing? Just as my life has been completely unjustly taken now for nearly 30-years, so too did Linda Tyda predictably pay the ultimate price for Nowlin’s child murder get away now granted more permanency."
Barton McNeil:
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STORY: "Judges deny McNeil’s appeal in 1998 murder of his daughter," by Reporter Andy Krevetz, published by WMBD on April 19, 2025.
GIST: " The latest attempt by Barton McNeil to overturn his decades-old conviction for killing his daughter was denied by a trio of appellate judges on Friday.
McNeil, 65, has been serving a virtual life sentence after being convicted for the suffocation death of his daughter Christina in 1998. Since then, McNeil has maintained no wrongdoing, claiming his ex-girlfriend did it and has continued to fight for a new trial.
McNeil is being represented by both the Innocence Project and the Exoneration Project. He’s battled his conviction on both the appellate court level and in the trial courts with post-conviction petitions.
It’s that last form of appeal that was denied by the judges from the 4th District Appellate Court who heard his case last month during a special “on the road” session at the Illinois State University campus.
He had asked appellate judges James Knecht, Amy Lannerd and Peter Cavanagh to overturn a Feb. 1, 2024, ruling by McLean County Circuit Judge William Yoder who said evidence that McNeil wanted to use at a possible new trial wouldn’t have been legally allowed and beyond that, it’s wasn’t likely to tip the scales at that new trial.
McNeil argued he had new evidence that could show he didn’t do it. He has consistently pointed to his ex-girlfriend Misook Nowlin, who now goes by Misook Wang, as the one who killed her. Wang was convicted and sentenced to 55 years in prison in 2013 for killing her mother-in-law.
McNeil claims Wang confessed to killing the little girl. However, the person she allegedly confessed to denied that such a statement was made, according to court records and that made things sticky.
But Yoder refused to allow what McNeil wanted, saying it wasn’t admissible. The appellate judges agreed.
In 32-page unanimous order penned by Knecht, the judges said Yoder’s analysis was on point and necessary. Also, they noted that Wang’s refusal to testify, invoking her Fifth Amendment right was not an adverse reaction.
“At the time of the evidentiary hearing, (Wang) had a pending postconviction appeal in her own criminal case. As noted by the trial court, her answers at defendant’s hearing could be used against her in future proceedings, which would include her own postconviction proceeding,” they wrote. “This fact alone provides a sufficient reason as to why (Wang) refused to testify after receiving advice from her public defender.”
The judges also noted that Wang “willingly testified at the March 1999 offer of proof hearing, even after being admonished of her right to remain silent, and when she knew defendant wanted to accuse her of C.M.’s (Christina McNeil’s) murder at his trial.”
Yoder’s ruling came in the post-conviction process. That form of appeal goes through the trial court, not the appellate court. There are three stages.
The first stage falls on a judge to “determine whether the petition is frivolous or patently without merit in that it fails to state the gist of a constitutional claim,” according to the state act outlining the process.
If the matter goes past the first stage, then a judge could appoint an attorney to help with the petition. At a third-stage hearing, a judge would hear evidence of newly discovered materials or claims of constitutional right violations that a defendant thinks would lead to a different outcome.
It’s possible that McNeil could now appeal Yoder’s decision to the Illinois Supreme Court in Springfield.
Following the decision, McNeil released the following statement:
Misook’s killing of my daughter has been covered up since I first dialed 911. Innocence does not matter in McLean County, and if you are a child murdering serial killer the local criminal justice system will accommodate you at the expense of the innocent. Folks should ask themselves what is it that Misook Nowlin was previously involved in to account for this protective umbrella that has followed her every move since getting away with my daughter’s killing? Just as my life has been completely unjustly taken now for nearly 30-years, so too did Linda Tyda predictably pay the ultimate price for Nowlin’s child murder get away now granted more permanency.
Barton McNeil."
The entire story can be read at:
https://search.app/UPxuFFuiENxZsP9T9PUBLISHER'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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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
———————————————————————————————
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;
