Tuesday, May 27, 2025

Tre Kenneth Clay: California: Shaken Baby Syndrome case. (Following this case closely): Bulletin: As the Vacaville Reporter (Reporter Richard Bammer) reports, saying that she needed more time to review information from physicians, the defense attorney has asked the judge for a continuance…"During a brief afternoon hearing, Jeannette Garcia told Judge John B. Ellis that she received “276 gigabytes of discovery,” evidence and information from physicians, among other things, and needed more time to read through it to help her defense of Tre Kenneth Clay, 28, of Rio Vista. He is charged with the January 2021 assault on a child with great bodily injury resulting in the death of his 2-month-old son."


BACKGROUND: From a previous post of this Blog: 'Tre Kenneth Clay: California;   (A father facing alleged wrongful accusations of the murder of his two-month-old son, Elijah Clay.)...On-going preliminary hearing: Shaken Baby Syndrome;   The Davis Vanguard (Court Watcher Madison Whittemore), reports on the on-going  preliminary hearing this week  in which experts have testified that birth trauma, not abuse,  caused the infant's death…"New testimony from medical experts asserted Elijah’s death was caused by bone fragility from birth trauma and in-utero malnutrition because of his mother’s pregnancy complications.  This new testimony from medical experts is challenging the prosecution’s original claims of repeated abuse and Abusive Head Trauma (AHT) as the main causes of baby Elijah’s death."

https://draft.blogger.com/blog/post/edit/120008354894645705/4737153155462810795

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PASSAGE OF THE DAY: "After some discussion among the judge, Deputy District Attorney Elaine Kuo, who leads the prosecution, Garcia, and Dr. Kristin Herman, a medical geneticist at the UC Davis Medical Center in Sacramento, who is a witness for the prosecution, they agreed to return to Department 23 at 1:30 p.m. July 25 in the Justice Building in Vallejo. Also on July 25, Garcia is expected to submit a motion to exclude lab results and some expert testimony and another motion to suppress alleged statements by the defendant."

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STORY: "Shaken baby’ prelim hearing reset for late July," by Reporter Richard Bammer, published by The Vacaville Reporter, on May 9, 2025.

GIST: "Saying she needed more time to review information from physicians, the defense attorney in a so-called “shaken baby” case asked the judge for a continuance on Friday, the seventh day of a previously scheduled preliminary hearing in Solano County Superior Court in Vallejo.

During a brief afternoon hearing, Jeannette Garcia told Judge John B. Ellis that she received “276 gigabytes of discovery,” evidence and information from physicians, among other things, and needed more time to read through it to help her defense of Tre Kenneth Clay, 28, of Rio Vista.

 He is charged with  the January 2021 assault on a child with great bodily injury resulting in the death of his 2-month-old son.

After some discussion among the judge, Deputy District Attorney Elaine Kuo, who leads the prosecution, Garcia, and Dr. Kristin Herman, a medical geneticist at the UC Davis Medical Center in Sacramento, who is a witness for the prosecution, they agreed to return to Department 23 at 1:30 p.m. July 25 in the Justice Building in Vallejo.

Also on July 25, Garcia is expected to submit a motion to exclude lab results and some expert testimony and another motion to suppress alleged statements by the defendant.

Clay, shackled at the waist and ankles and wearing a striped jail jumpsuit, was present for the brief proceeding.

His prior case on the charges, filed on Jan. 18, 2021,was dismissed on March 3, and the Kuo refiled.

At the end of the preliminary hearing, Ellis likely will rule whether there is enough evidence to hold Clay for trial.

Clay remains without bail in the Stanton Correctional Facililty in Fairfield."

The entire story can be read at:

shaken-baby-prelim-hearing-reset-for-late-july


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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