Friday, August 15, 2025

Carmen Mejia: Austin, Texas: Shaken baby syndrome case takes a dramatic turn: Major (Welcome) Development: In prison for two decades, a judge has pronounced that "it is clear that this is a wrongful conviction, Angela Shen reports, for Fox 7, in a story noting that "In an emotional hearing, prosecutors admitted they were wrong, and the convictions were based on junk science and misleading testimony."…"In the original trial, multiple experts testified that it was an intentional homicide, but the defense didn't have equal experts testifying for their side. Last year, one of Mejia's children, who was three-years-old during the incident, testified that she turned on the faucet when the baby was in the bathtub, and Mejia was not in the bathroom with the baby. A burn expert also testified. The water heater didn't have temperature protection. After reviewing all this, the medical examiner changed the manner of death from homicide to accident. "



BACKGROUND: KVUE:  "At the time of the incident in 2003, investigators said Mejia intentionally submerged the 10-month-old baby in scalding hot bath water. It was also alleged that to cover up her actions, she failed to promptly get the baby medical care afterward, resulting in his death. In 2005, Mejia was convicted of murder, injury to a child with serious bodily injury and injury to a child by omission. She was sentenced to life in prison with parole. According to the DA's office, at her trial, the primary scientific evidence presented by prosecutors was that the pattern of the burns indicated they were inflicted intentionally. State experts also testified that they believed that the evidence proved the scalding was intentional. The DA's office said the experts were a non-medical burn expert and the emergency room doctor who treated the child. Mejia's defense argued that older children who were present at the home at the time of the incident had attempted to give the baby a bath and that because the hot water gauge was set "dangerously high," the baby was burned when one of the older children accidentally turned the wrong handle. The DA's office said at a previous hearing, a witness who was a child at the time testified that she turned on the faucet when the baby was in the bathtub, and that when she did that, Mejia wasn't in the room. The DA's office said when given this new information, both original state experts swore affidavits that they could no longer say that the injuries were caused intentionally. The medical examiner who performed the autopsy on the child also reviewed the new information and changed her opinion on the manner of death from "homicide" to "accident." At Monday's hearing, the state presented the affidavits to the court. Two witnesses also testified: a medical expert on burn patterns and an expert in scalding injuries due to hot water heaters."

https://www.kvue.com/article/news/crime/carmen-mejia-case-junk-science-travis-county/269-58f61ce8-fc02-40dc-87b0-47f0904ff3c5

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QUOTE OF THE DAY: "Art Guerrero was the bailiff in the original trial. He recalls what Mejia was like then.  "She cried the whole time, every day. She had her head down. She never raised her head at all until she was asked to speak or say something," he said. "It was very, very sad, sad to see." He had concerns about the original trial.  "It was very, very hard for me because I was an employee of Travis County as a bailiff and I loved my job, didn't pay very much. I love what I did, and I had to struggle with what do I do? Who do I talk to that you can trust because how can you go against a judge?" he said. After he retired in 2015, he eventually reached out to the Innocence Project and later on, a review of the case was started. God works in mysterious ways, so one thing led to another, and before you know it, they're beginning to have these hearings here," he said."

STORY: "Woman accused of murdering baby in her care could be released after wrongful conviction: judge," by Reporter Angela Shen, published by Fox 7, on August 14, 2025. (Angela Shen joined FOX 7 as a reporter in March 2022. Before coming to FOX 7, she was a reporter at KFOR-TV in Oklahoma City, Oklahoma. Prior to that, she was a reporter/MMJ at KVRR-TV in Fargo, North Dakota. She is from Albuquerque, NM, and she graduated from the University of New Mexico with a degree in mass communication/journalism in 2017. She also had the opportunity to intern in Washington, DC with Talk Media News, covering politics from the U.S. Capitol."

SUB-HEADING: "Judge believes woman was wrongfully convicted of murder."

SUB-HEADING: "A woman serving a life sentence in prison might gain back her freedom. She has been behind bars for two decades now, but a judge believes she was wrongfully convicted for murdering a baby."

The Brief

    • A woman who has been in prison for two decades could be released after a judge said she was wrongfully convicted
    • Carmen Mejia was convicted in 2005 of murder, injury to a child with serious bodily injury, and injury to a child by omission
    • A bailiff in the original trial shared his concerns

GIST: "AUSTIN, Texas - A woman who has been in prison for two decades could soon be released.

Carmen Mejia was convicted in 2005 of murder, injury to a child with serious bodily injury, and injury to a child by omission. She has spent the past two decades in prison, separated from her children.

In 2003, she was caring for a 10-month-old and was accused of submerging the baby in scalding bath water as well as not getting him care soon enough.

In an emotional hearing, prosecutors admitted they were wrong, and the convictions were based on junk science and misleading testimony.

"It is clear that this was a wrongful conviction," the judge said at Thursday's hearing.

Concerns during original trial

Art Guerrero was the bailiff in the original trial. He recalls what Mejia was like then. 

"She cried the whole time, every day. She had her head down. She never raised her head at all until she was asked to speak or say something," he said. "It was very, very sad, sad to see."

He had concerns about the original trial. 

"It was very, very hard for me because I was an employee of Travis County as a bailiff and I loved my job, didn't pay very much. I love what I did, and I had to struggle with what do I do? Who do I talk to that you can trust because how can you go against a judge?" he said.

After he retired in 2015, he eventually reached out to the Innocence Project and later on, a review of the case was started.

"God works in mysterious ways, so one thing led to another, and before you know it, they're beginning to have these hearings here," he said.

Mejia initially told investigators different stories, afraid of being separated from her children. 

"She was driven by fear," Shabel Castro, with the Innocence Project, said during the hearing. 

In the original trial, multiple experts testified that it was an intentional homicide, but the defense didn't have equal experts testifying for their side.

Last year, one of Mejia's children, who was three-years-old during the incident, testified that she turned on the faucet when the baby was in the bathtub, and Mejia was not in the bathroom with the baby. A burn expert also testified. The water heater didn't have temperature protection. After reviewing all this, the medical examiner changed the manner of death from homicide to accident. 

"The state cannot do anything but agree that Ms. Mejia was wrongfully convicted," the prosecution said during Thursday's hearing. 

"You feel like you've been on a roller coaster, up and down, up and down. We still have one more hoop to go, one more journey, and that's with the Court Criminal Appeals," Guerrero said.

DA Jose Garza reacts

District Attorney Jose Garza met with Guerrero to thank him for speaking up.

"When people have faith in our criminal justice system, when they believe that it works correctly, when they believe it works well, it means that people are more likely to participate, and that makes all of us more safe. We've built a pretty extensive process that allows anyone, defense counsel, to come to us when they think they may have evidence of a wrongful conviction," he said. "This is about the human beings whose lives have been devastated by these errors. It's just so powerful for them to feel like they are getting some redemption, some relief and we're just, our hearts swell with happiness for them and for what we hope will be the eventual conclusion of this case."

What's next:


Mejia's case will now go before the Court of Criminal Appeals. They will determine if they agree with the judge's recommendation. Mejia will stay in custody for the time being.

The DA's office has the Conviction Integrity Unit, where they review possible wrongful convictions, including Mejia's. So far, five people have been exonerated from it."

The entire story can be read at:


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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Shandee Blackburn: Brisbane. (Australia); Queensland's forensics lab: 'Forensic train wreck'...From our "Explanation of the Day' department. Journalist Will Murray explains, on ABC News, how the murder of a young woman uncovered a 'forensic train wreck' (The Queensland Crime Lab)— and led to a reckoning years in the making, noting that: "In 2020, a coronial inquest identified Shandee's killer. However, no-one has ever been found criminally responsible for her brutal murder. A year after the coronial findings, investigative journalist Hedley Thomas from The Australian released the first episode of 'Shandee's Story', a podcast dedicated to the case. Mr Thomas enlisted the help of independent forensic biologist Dr Kirsty Wright, who re-examined the forensic files. What she uncovered would launch multiple inquiries, cast doubt on thousands of criminal cases, and reveal a forensic system is in crisis. In her examination of the Shandee Blackburn files, Dr Wright found "critical errors" by Queensland's forensics lab may have prevented her killer from being identified. Describing the case as a "forensic train wreck", Dr Wright told the media the lab had made 17 errors in testing samples from Shandee's clothing — when just one is considered "inexcusable". "I don't believe other cases may have been spared these issues … and what we're seeing with Shandee's case may be the tip of a very large iceberg."


QUOTE ONE  OF THE DAY: "She described the management of the lab as "one of the greatest failures of a justice system in the world", and recommended the Queensland government outsource testing."

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QUOTE  TWO OF THE DAY: "I think the thing that concerns me the most is the scale of these failings is almost impossible to overstate," she said. "These aren't just numbers in a report. These are people, people who did everything right. They came forward, they trusted the process and they continue to be failed."

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QUOTE THREE  OF THE DAY: "After so many inquiries and reports, Mr Thompson said it was unacceptable the lab — a crucial part of the justice system — was still plagued by problems.

"Put a sign on the back of door saying, 'What if this DNA test right here in front of me was my family member'. "I think that would change the motivation around how important every single test that's going through there is. "That's someone's life." Accused also victims of delay The questions around the accuracy of DNA results will also have consequences for those accused and convicted of crimes."

----------------------------------------------------

PASSAGE OF THE DAY: "The two latest reports — compiled by Dr Wright and former FBI expert Bruce Budowle — found a lab in "sustained crisis": unhappy, understaffed, overworked, and still making mistakes. There was still a backlog of 13,000 cases to deal with, including 511 untested rape kits, and DNA relating to 177 homicides and 343 upper court cases. Dr Wright found rape victims were waiting more than a year for the lab to test kits, when she said it should happen "ideally within five days". She was alarmed to find the lab was "dirty", and was still using incorrect testing standards, which means samples from major crimes since 2023 will again need to be retested. She described the management of the lab as "one of the greatest failures of a justice system in the world", and recommended the Queensland government outsource testing."

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STORY: "How the murder of a young woman uncovered a 'forensic train wreck' — and led to a reckoning years in the making," by Will Murray,  published by  ABC  (Australia) News, on August  9, 2025. (Will Murray is a journalist at ABC Brisbane, having previously worked for  7,30. Nine and Prime. He  has worked in various locations throughout Australia in television, radio and print media.

GIST: "Just after midnight on February 9, 2013, 23-year-old Shandee Blackburn was stabbed to death while walking home from work at the Harrup Park Country Club in Mackay.

The police investigation led to charges and a subsequent trial in 2017, but the accused was acquitted by a jury.

In 2020, a coronial inquest identified Shandee's killer. However, no-one has ever been found criminally responsible for her brutal murder.

A year after the coronial findings, investigative journalist Hedley Thomas from The Australian released the first episode of 'Shandee's Story', a podcast dedicated to the case.

Mr Thomas enlisted the help of independent forensic biologist Dr Kirsty Wright, who re-examined the forensic files.

What she uncovered would launch multiple inquiries, cast doubt on thousands of criminal cases, and reveal a forensic system is in crisis.

In her examination of the Shandee Blackburn files, Dr Wright found "critical errors" by Queensland's forensics lab may have prevented her killer from being identified.

Describing the case as a "forensic train wreck", Dr Wright told the media the lab had made 17 errors in testing samples from Shandee's clothing — when just one is considered "inexcusable".

"I don't believe other cases may have been spared these issues … and what we're seeing with Shandee's case may be the tip of a very large iceberg." 

The iceberg revealed 

At the urging of Dr Wright and Shandee's mum, Vicki Blackburn, two commissions of inquiry were held in 2022 and 2023 looking into the lab's failings.

They revealed serious errors by management, including a decision not to test DNA samples below a certain threshold, instead labelling them "insufficient".

This was despite the fact a DNA sample could in fact be obtained through further testing.

It meant years of samples relating to thousands of cases — including rape and murder — would need to be retested.

All major cases since 2015 would need to be reviewed, and all sexual assault cases since 2008. In total, more than 30,000.

It heaped work on forensics staff, who were already "highly fragmented", according to the report, and dealing with a "toxic" and "negative culture".

Little wonder that when two new reports into the lab were released last week, the problems have not gone away.

A system at the point of critical failure 

The two latest reports — compiled by Dr Wright and former FBI expert Bruce Budowle — found a lab in "sustained crisis": unhappy, understaffed, overworked, and still making mistakes.

There was still a backlog of 13,000 cases to deal with, including 511 untested rape kits, and DNA relating to 177 homicides and 343 upper court cases.

Dr Wright found rape victims were waiting more than a year for the lab to test kits, when she said it should happen "ideally within five days".

She was alarmed to find the lab was "dirty", and was still using incorrect testing standards, which means samples from major crimes since 2023 will again need to be retested.

She described the management of the lab as "one of the greatest failures of a justice system in the world", and recommended the Queensland government outsource testing.

What does this all mean? 

It now takes around 412 days for the forensics lab to provide DNA results relating to major crimes — an increase in wait times since 2023.

The Queensland Police standard is two weeks.

Because the courts require the evidence to be presented to both sides before a trial can proceed, the state's justice system is regularly brought to a standstill — leaving victims, the accused, and their respective families in agonising limbo.

"Delays mean more trauma, more stress, and often the feeling that they've been forgotten, or what's happened to them is not a priority," Queensland's Victims Commissioner Beck O'Connor said.

In Dr Wright's report, she noted that one of the groups most affected by the delays in testing rape kits were children and those with an impairment.

Victims who were "likely to be familiar with their offender".

Commissioner O'Connor said she was horrified at the thought delays in testing may have resulted in victims being subjected to further assault, and perhaps an escalation in violence.

"I think the thing that concerns me the most is the scale of these failings is almost impossible to overstate," she said.

------------------

"These aren't just numbers in a report. These are people, people who did everything right. They came forward, they trusted the process and they continue to be failed."

'That's someone's life' 

Brett Thompson runs the Queensland Homicide Victim Support Group, which includes around 1,100 friends and family of those who have been killed.

They help people get through the justice process, which typically takes between two and three years.

He said delays often come down to DNA, and they can have serious consequences.

"We've seen instances where the alleged offender is incarcerated … but then applies for bail and is granted bail based on the time it's taken to get this information that is holding up a court case."

The news that samples may have again been compromised by improper testing methods has hit the group hard.

Mr Thompson said a lot of people were now very anxious about what it might mean for their case.

"Is the person who is sentenced and in jail for murder, are they going to use this as a reason to appeal and we're going to be dragged back through the court?

"Uncertainty for people who are already traumatised is the exact opposite of what they're looking for. They want some form of normality."

After so many inquiries and reports, Mr Thompson said it was unacceptable the lab — a crucial part of the justice system — was still plagued by problems.

"Put a sign on the back of door saying, 'What if this DNA test right here in front of me was my family member'.

"I think that would change the motivation around how important every single test that's going through there is.

"That's someone's life." 

Accused also victims of delay 

The questions around the accuracy of DNA results will also have consequences for those accused and convicted of crimes.

Queensland recently expanded its exemptions to double jeopardy laws, which previously only applied to murder, to allow for appeals in cases involving rape and manslaughter based on "fresh and compelling evidence".

At the time, the attorney-general said the new exemptions were necessary to "ensure Queenslanders continue to have confidence in our criminal justice system", and "safeguard the state against unjust acquittals and wrongful convictions" in light of the failures at the forensics lab.

Klaire Coles from the Caxton Legal Centre in Brisbane said for those yet to face trial, the delay in producing evidence means they are left languishing in remand centres.

"They haven't been found guilty of an offence, and that can significantly impact their lives, their families, and their ability to work and contribute to society," she said.

"There are many reports which indicate that people who are trapped in those systems are the most vulnerable."

Failures must be confronted 

Victims Commissioner Beck O'Connor said trust in Queensland's justice system had been "shaken".

"Some victims have told us they wouldn't report again," Ms O'Connor said.

"Doubt can reopen wounds and undo years of recovery."

The government has announced a new expert team to overhaul the forensics lab, and millions of dollars to outsource the testing of the many thousands of samples still backlogged.

But Ms O'Connor said it is the victims of these failures, including families like Shandee Blackburn's, who need to be heard.

"Victim survivors have carried this for years and will continue to carry this for years."

"It's their voices that should guide what happens next."

The entire story can be read at: 

https://www.abc.net.au/news/2025-08-10/forensic-science-queensland-dna-lab-saga-shandee-blackburn/105624650

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


———————————————————————————————

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;


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