Thursday, November 20, 2025

Back In Action: Catch Up: Edward T. Blake: The Death Penalty Information Center reports that this pioneer of using DNA to prove innocence has died at at 80, noting that: "Dr. Blake’s work coin­cid­ed with a peri­od in which the crim­i­nal legal sys­tem began to con­front the use of unre­li­able foren­sic evi­dence in con­vic­tions. The PCR test­ing used by Dr. Blake was among the few foren­sic tools that could defin­i­tive­ly exclude peo­ple who were accused of being involved in crimes. In 1988, he helped con­tribute to the first DNA exon­er­a­tion, prov­ing that Gary Dotson, who had served 8 years in prison for a sex­u­al assault, could not have been the source of the bio­log­i­cal evi­dence from the crime he was accused of com­mit­ting. Just five years lat­er, in 1993, Dr. Blake’s work helped free Kirk Bloodsworth from death row in Maryland — the first death-sen­tenced per­son to be exon­er­at­ed through DNA evidence. “Ed was a guy who saw things in black and white,” said Maurice Possley, a for­mer reporter for The Chicago Tribune who inves­ti­gat­ed wrong­ful con­vic­tions. “Like, ‘You can come up with all kinds of dif­fer­ent the­o­ries about why some­thing doesn’t exon­er­ate this per­son. But what I’m telling you is this person’s bio­log­i­cal mate­ri­als is not present.’ And that’s pret­ty defin­i­tive.”


QUOTE OF THE DAY: "Peter Neufeld, co-founder of the Innocence Project, com­pared Dr. Blake to Ted Williams, the base­ball play­er regard­ed as among the great­est of all time. “In foren­sic sci­ence, there are a bunch of .300 hit­ters, and there’s Ted Williams. Ed Blake is Ted Williams.”

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PASSAGE OF THE DAY: "The lega­cy of ques­tion­able foren­sic sci­ence con­tin­ues to be seen in cas­es today.  Robert Roberson, a Texas death-sen­tenced pris­on­er, was con­vict­ed on the basis of “Shaken Baby Syndrome” (SBS), a diag­no­sis that has since been refut­ed by most med­ical experts.  In 2024, the Texas Court of Criminal Appeals over­turned an SBS con­vic­tion in anoth­er case and recent­ly grant­ed Mr. Roberson a last minute stay of exe­cu­tion under Texas’ junk sci­ence law, which allows for recon­sid­er­a­tion of con­vic­tions when the sci­ence relied upon has been dis­cred­it­ed.  Medical experts who reviewed the evi­dence in Mr. Roberson’s case have con­clud­ed that his 2‑year-old daugh­ter Nikki actu­al­ly died from acci­den­tal and nat­ur­al caus­es, not abuse. Cases like Mr. Roberson’s under­score the evolv­ing under­stand­ing of foren­sic sci­ence in crim­i­nal cas­es. Dr. Blake’s career demon­strat­ed what this rig­or looks like: his work estab­lished that foren­sic sci­ence can be a vital tool in ensur­ing accu­ra­cy and fair­ness in criminal cases."

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POST: "Edward T. Blake, Pioneer of Using DNA to Prove Innocence, Dies at 80,"  published by The Death Penalty Information Center, on October 15, 2025.

GIST: INNOCENCE: "Edward T. Blake, a foren­sic sci­en­tist who helped pio­neer the use of DNA analy­sis in crim­i­nal cas­es and whose work helped exon­er­ate more than 50 peo­ple, includ­ing those on death row, died in August 2025 at age 80 from pan­cre­at­ic can­cer.

 Dr. Blake was the first foren­sic sci­en­tist to use poly­merase chain reac­tion test­ing, or PCR, on crime-scene DNA.

 The tech­nique allowed Dr. Blake to extract usable genet­ic infor­ma­tion from evi­dence sam­ples that could not pre­vi­ous­ly be test­ed because of old age, small quan­ti­ty, or severe degradation.

Dr. Blake’s work coin­cid­ed with a peri­od in which the crim­i­nal legal sys­tem began to con­front the use of unre­li­able foren­sic evi­dence in con­vic­tions. 

The PCR test­ing used by Dr. Blake was among the few foren­sic tools that could defin­i­tive­ly exclude peo­ple who were accused of being involved in crimes. 

In 1988, he helped con­tribute to the first DNA exon­er­a­tion, prov­ing that Gary Dotson, who had served 8 years in prison for a sex­u­al assault, could not have been the source of the bio­log­i­cal evi­dence from the crime he was accused of com­mit­ting. 

Just five years lat­er, in 1993, Dr. Blake’s work helped free Kirk Bloodsworth from death row in Maryland — the first death-sen­tenced per­son to be exon­er­at­ed through DNA evidence.

“Ed was a guy who saw things in black and white,” said Maurice Possley, a for­mer reporter for The Chicago Tribune who inves­ti­gat­ed wrong­ful con­vic­tions.

 “Like, ‘You can come up with all kinds of dif­fer­ent the­o­ries about why some­thing doesn’t exon­er­ate this per­son. But what I’m telling you is this person’s bio­log­i­cal mate­ri­als is not present.’ And that’s pret­ty defin­i­tive.”

Peter Neufeld, co-founder of the Innocence Project, com­pared Dr. Blake to Ted Williams, the base­ball play­er regard­ed as among the great­est of all time. “In foren­sic sci­ence, there are a bunch of .300 hit­ters, and there’s Ted Williams. Ed Blake is Ted Williams.”

As an under­grad­u­ate at the University of California, Berkeley, in the 1960s, Dr. Blake switched his stud­ies from physics to foren­sics.

 “There were just so many things going on in soci­ety, and our cul­ture was under­go­ing a lot of changes,” he told the Associated Press in 1995. “I want­ed to be involved in a field that was more prac­ti­cal­ly ori­ent­ed and soci­etal­ly ori­ent­ed, and so some­how I just grav­i­tat­ed to the foren­sic sci­ence pro­gram.” 

He would go on to receive his bachelor’s degree in 1968 and a doc­tor­ate in crim­i­nol­o­gy in 1976, also from Berkeley.

In the mid-1980s, Dr. Blake’s con­sult­ing com­pa­ny, Forensic Science Associates, occu­pied the same build­ing as a biotech firm that had devel­oped PCR test­ing. 

After con­sult­ing with mol­e­c­u­lar geneti­cist Henry Erlich of Cetus Corporation, Dr. Blake began to use PCR test­ing on degrad­ed tis­sue sam­ples, which proved to be a trans­for­ma­tive tech­nique for foren­sic analy­sis. 

Alternative meth­ods of DNA analy­sis exist­ed at the time; how­ev­er, they required large amounts of bio­log­i­cal mate­ri­als to be able to make an iden­ti­fi­ca­tion. 

Often times, crime scene evi­dence was not sub­stan­tial enough or too degrad­ed to be test­ed by these meth­ods.

 Dr. Blake was known by his peers for hav­ing an unwa­ver­ing insis­tence on sci­en­tif­ic accu­ra­cy.

 “Those who know Blake believe that a stick of dyna­mite siz­zling under his nose would not cause him to alter a dot or com­ma in a lab­o­ra­to­ry report,” wrote Jim Dwyer for Newsday in 1994.

Dr. Blake’s work took on height­ened sig­nif­i­cance as aware­ness grew about how unre­li­able foren­sic evi­dence had con­tributed to wrong­ful con­vic­tions. 

His DNA analy­sis pro­vid­ed a defin­i­tive means of excul­pat­ing sus­pects in cas­es where tra­di­tion­al foren­sic meth­ods had offered only subjective assessments. 

The lega­cy of ques­tion­able foren­sic sci­ence con­tin­ues to be seen in cas­es today. 

Robert Roberson, a Texas death-sen­tenced pris­on­er, was con­vict­ed on the basis of “Shaken Baby Syndrome” (SBS), a diag­no­sis that has since been refut­ed by most med­ical experts. 

In 2024, the Texas Court of Criminal Appeals over­turned an SBS con­vic­tion in anoth­er case and recent­ly grant­ed Mr. Roberson a last minute stay of exe­cu­tion under Texas’ junk sci­ence law, which allows for recon­sid­er­a­tion of con­vic­tions when the sci­ence relied upon has been dis­cred­it­ed.

 Medical experts who reviewed the evi­dence in Mr. Roberson’s case have con­clud­ed that his 2‑year-old daugh­ter Nikki actu­al­ly died from acci­den­tal and nat­ur­al caus­es, not abuse.

Cases like Mr. Roberson’s under­score the evolv­ing under­stand­ing of foren­sic sci­ence in crim­i­nal cas­es.


 Dr. Blake’s career demon­strat­ed what this rig­or looks like: his work estab­lished that foren­sic sci­ence can be a vital tool in ensur­ing accu­ra­cy and fair­ness in criminal cases."


The entire post ca be read at: 

https://deathpenaltyinfo.org/edward-t-blake-pioneer-of-using-dna-to-prove-innocence-dies-at-80

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PUBLISHER'S NOTE: Dr. Blake's innovated development of DA testing played a hue role in two of the most iconic exonerations in Canadian history: The exonerations of Guy Paul Morin(Ontario) and David Milgaard.  The role played by Dr. Blake's DNA testing in these case is described in an excerpt from  a Government of Canada publication  called Forensic DA analysis:  Technology and Application,  at the link below,  by Thomas Curran, Science and Technology Division

EXCERPT: "The value of forensic-DNA profiling in exonerating innocent persons has recently been much in the news in Canada, in connection with two murder cases. In 1985, Guy Paul Morin was arrested for the murder of nine-year old Christine Jessop, a crime that also involved sexual assault. Morin was acquitted in his first trial (in 1986) but was re-tried, and convicted, in 1992. In 1995, after 15 months in prison, Morin was exonerated on the basis of DNA testing, a technology not available when the crime had originally been committed. In fact, the DNA sample obtained from Christine Jessop’s clothing was so degraded by 1995 that an advanced form of the technology, only recently perfected, was needed to perform the analysis. The Morin case, and the manner in which it was originally investigated and prosecuted, is currently under intense review by the Ontario government.

More recently, forensic-DNA analysis was used to exonerate David Milgaard, who had been convicted in 1969 of the rape and murder of Gail Miller in Saskatoon. Milgaard spent almost 23 years in prison.(3) The Milgaard case differs from the Morin case in several important ways. First, there was a large amount of DNA (from semen) available for analysis from the clothing of Gail Miller. A U.S. forensic serologist, Edward Blake, who is also an expert on forensic-DNA, has suggested that this material, properly analyzed, would almost certainly have exonerated Milgaard in 1992 when new tests were carried out.(4)

The second major way in which the Milgaard case differs from that of Guy Paul Morin is that police have since arrested a suspect on the basis of the forensic-DNA evidence developed in 1997. Larry Fisher, a convicted serial rapist, who had long been suspected of being involved in the rape and murder of Gail Miller, has been arrested by the RCMP; Fisher’s DNA profile matches that obtained from the semen taken from Gail Miller’s clothing.(5)

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Check out this Toronto Star article by  Staff Reporter Vicki White published by The Toronto Star one May 5, 1995, under the heading: "DNA test will clear his name, Milgaard says:  

A taste: "Just as it did for Guy Paul Morin, Milgaard believes DNA testing of semen samples, found on the slain woman's underwear, could prove his innocence once and for all."


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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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Wednesday, November 19, 2025

Karen Read: Machusetts: Major Development: She has filled a lawsuit against a slew of police and others claiming she was framed in the killing of her police officer boyfriend - and it's a smorgasbord of forensic zingers: Witness: (As Fox News ((Reporters Michael Ruiz and Stepheny Price) reports …"O’Keefe’s body was discovered around 6 a.m. Jan. 29, 2022, on the lawn of Brian and Nicole Albert’s home after a night of drinking during a blizzard. Read and two other women, including Jennifer McCabe, a suburban soccer mom accused of masterminding the cover-up, found him. According to the lawsuit, O’Keefe was killed inside the Alberts’ home during a late-night altercation after heavy drinking. The complaint refers to several defendants as the "House Defendants," accusing them of using their law enforcement experience to "concoct a plan immediately after the altercation to avoid culpability and to frame Karen Read. Karen Read did not kill her then-boyfriend, Mr. O'Keefe," the lawsuit reads. "Rather, in the early morning hours of January 29th, Mr. O'Keefe was killed in Defendants Brian and Nicole Albert's home in an altercation during a late-night house party with other Defendants (collectively, the "House Defendants") after a night of heavy drinking."' (I can't wait to follow this one. HL!!!)


PASSAGE OF THE DAY:  "Read's lawsuit alleges that the "House Defendants" used their law enforcement expertise and "concocted a plan immediately after the altercation to avoid culpability and to frame Karen Read." Citing expert testimony from her criminal trial, which prosecutors sought to discredit, the complaint claims that the "House Defendants" searched Google for the phrase "how long to die in the cold" rather than call 911, conspiring to make it look as though O’Keefe had been killed by Read’s SUV, then dragged his body out of the home and left him in the snow overnight. The lawsuit also highlights investigative errors, including the use of red Solo cups to store evidence, mislabeled evidence bags and a failure to check nearby security cameras, missteps that the complaint argues undermined the case against Read. It further accuses investigators of planting evidence, manipulating surveillance video and destroying cellphones to bolster the false narrative."

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PASSAGE TWO OF THE DAY: "According to the complaint, Proctor, Bukhenik and Canton Police Chief Ken Berkowitz had access to Read’s vehicle after it was seized. "One or more of them destroyed the taillight, secretly took pieces of it into their possession, and then planted some of them in various places at 34 Fairview and on Mr. O'Keefe's clothes," the lawsuit alleges. The lawsuit goes on to claim that Proctor and other members of the state police "intentionally disregarded the obvious and compelling evidence" that O’Keefe had been killed inside the home. Read’s legal team says investigators failed to search the interior for blood, ignored signs of injury consistent with an assault and neglected to send a crime scene photographer or criminalist to examine the property. No one other than Read has ever been charged in O’Keefe’s death."

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STORY: "Karen Read files lawsuit claiming she was framed in killing of police officer boyfriend," published by Fox News (Reporters Michael Ruiz  and Stepheny Price, on November 18, 2025. (Stepheny Price covers crime, including missing persons, homicides and migrant crime.)

SUB-HEADING: "Karen Read, the 'McAlberts' and more expected to testify under oath in new civil lawsuit:"

SUB-HEADING: "Lawsuit over John O'Keefe's death names multiple defendants, including fired detective Michael Proctor and former Boston officer Brian Albert."


GIET: Karen Read, the Massachusetts woman acquitted earlier this year of killing her Boston police officer boyfriend, has filed a lawsuit alleging that a group of current and former law enforcement officials and their relatives conspired to frame her and protect "the party or parties responsible" for the crime.

It could mean she finally testifies under oath, and sworn depositions are expected from everyone involved.

"If it goes to trial, absolutely," said Joshua Ritter, a Los Angeles-based defense attorney and Fox News contributor. "And even before then, she will be deposed.

The complaint, filed Monday, accuses several members of the Massachusetts State Police, the Boston Police Department and private citizens of orchestrating a cover-up following the death of Officer John O’Keefe, who was found dead outside a Canton home in January 2022. Read claims the defendants used their law enforcement connections to manipulate evidence, mislead investigators and falsely implicate her in O’Keefe’s death.

O’Keefe’s body was discovered around 6 a.m. Jan. 29, 2022, on the lawn of Brian and Nicole Albert’s home after a night of drinking during a blizzard. Read and two other women, including Jennifer McCabe, a suburban soccer mom accused of masterminding the cover-up, found him.

Neither McCabe nor any of the other defendants named in the suit have been named a suspect in O'Keefe's death by law enforcement.

Jim Tuxbury is an attorney representing five of the defendants.

"The allegations made by Karen Read are entirely false, defamatory and without merit," he told Fox News Digital. "Our clients categorically deny each and every claim. This lawsuit is nothing more than a continuation of a baseless conspiracy narrative that has caused significant harm to the reputations and lives of innocent people."

Read was charged with second-degree murder and related offenses, but, in June 2024, a jury acquitted her of all homicide charges, convicting her only of drunken driving. She has consistently maintained her innocence, alleging that investigators ignored or concealed evidence pointing elsewhere.

According to the lawsuit, O’Keefe was killed inside the Alberts’ home during a late-night altercation after heavy drinking. The complaint refers to several defendants as the "House Defendants," accusing them of using their law enforcement experience to "concoct a plan immediately after the altercation to avoid culpability and to frame Karen Read."

"Karen Read did not kill her then-boyfriend, Mr. O'Keefe," the lawsuit reads. "Rather, in the early morning hours of January 29th, Mr. O'Keefe was killed in Defendants Brian and Nicole Albert's home ... in an altercation during a late-night house party with other Defendants (collectively, the "House Defendants") after a night of heavy drinking."

Other defendants named in the lawsuit are Michael Proctor, a former Massachusetts State Police detective who was fired after discussing confidential aspects of the case with his friends in a lewd text chain; MSP Sgt. Yuri Bukhenik, another investigator on the case; Lt. Brian Tully, another MSP homicide investigator who faced disciplinary repercussions over the Read case; Brian Albert, a former Boston police officer who had a party at the address where O'Keefe was found dead; his wife Nicole; his sister-in-law Jennifer McCabe; her husband Matthew; and ATF Agent Brian Higgins, who was at the party.

Tuxbury represents the Alberts, the McCabes and Higgins, a group Read's supporters have often referred to as the "McAlberts." 

"Our clients acted responsibly, fulfilling their civic duty as witnesses, and have participated appropriately in the legal process from the outset," he told Fox News Digital. "Ms. Read’s claims distort the facts, misrepresent the evidence, and target private citizens in an attempt to deflect blame."

He vowed to hold Read and an outspoken supporter and local blogger, Aidan Kearney, responsible.

Kearney's attorney, Mark Bederow, said his client would be ready for a fight that could see a number of players in the years-long legal saga testifying under oath.

"Mr. Kearney has made it clear that he welcomes the opportunity to examine these individuals under oath at a deposition and that he would welcome the opportunity to air this out in a public courtroom, with the understanding that truth is a defense to a defamation suit, if one is actually forthcoming," Bederow told Fox News Digital. 

Over the course of Read's two criminal trials, many of the defendants in the lawsuit have already taken the witness stand. She has yet to do so.

Read's lawsuit alleges that the "House Defendants" used their law enforcement expertise and "concocted a plan immediately after the altercation to avoid culpability and to frame Karen Read."

Citing expert testimony from her criminal trial, which prosecutors sought to discredit, the complaint claims that the "House Defendants" searched Google for the phrase "hos long to die in the cold" rather than call 911, conspiring to make it look as though O’Keefe had been killed by Read’s SUV, then dragged his body out of the home and left him in the snow overnight.

The lawsuit also highlights investigative errors, including the use of red Solo cups to store evidence, mislabeled evidence bags and a failure to check nearby security cameras, missteps that the complaint argues undermined the case against Read.

It further accuses investigators of planting evidence, manipulating surveillance video and destroying cellphones to bolster the false narrative.

According to the complaint, Proctor, Bukhenik and Canton Police Chief Ken Berkowitz had access to Read’s vehicle after it was seized.

"One or more of them destroyed the taillight, secretly took pieces of it into their possession, and then planted some of them in various places at 34 Fairview and on Mr. O'Keefe's clothes," the lawsuit alleges.

The lawsuit goes on to claim that Proctor and other members of the state police "intentionally disregarded the obvious and compelling evidence" that O’Keefe had been killed inside the home.

Read’s legal team says investigators failed to search the interior for blood, ignored signs of injury consistent with an assault and neglected to send a crime scene photographer or criminalist to examine the property.

No one other than Read has ever been charged in O’Keefe’s death. The FBI has interviewed several individuals linked to the case, but no new suspects have been named by law enforcement.

Attorneys representing the defendants have not yet filed responses to the lawsuit.

The entire story can be read at:

https://www.foxnews.com/us/karen-read-files-lawsuit-claiming-she-was-framed-killing-police-officer-boyfriend

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;


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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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Back In Action: Catch up: Robert Mailman: New Brunswick: Enough to make one weep: Along with Wally Gillespie he fough succesfully t to clear his name for forty years - and died just three months later…"Gillespie died in April 2024 at the age of 80. The cause of his death was not disclosed. Mailman said he had asked his doctor to keep him alive long enough to attend the court hearing. "And they really went overboard to help me and I really appreciate it," he said as he relaxed in his apartment, surrounded by framed photos of his children, grandchildren and great-grandchildren. Before the settlement was reached, Mailman said no amount of money would bring back the lost time, adding that his two sons had died while he was in prison. "I can never get them back.… My biggest loss is my sons."


BACKGROUND: "Mailman’s name came up in the investigation and detectives pulled out all the stops to make the case stick, even though they had nothing beyond rumour and suspicion against a backdrop of tunnel vision. There was no physical evidence against Mailman or Gillespie, and the two had a strong alibi placing them at a car parts dealership at the time of the murder. The police case, later prosecuted by Stephen Wood and James McAvity, was anchored in the testimonies of two witnesses: a troubled 16-year-old boy — who was paid cash before, during and after the trials — and a single mom originally charged in the murder who said the police threatened to take her kids away if she didn’t play along. She acted as a paid police informant, assigned to hang around Mailman and Gillespie to get incriminating evidence against them. They both later said they lied on the stand under police pressure. None of this evidence, which would have undermined the witnesses’ credibility, was disclosed to defence lawyers, let alone the jury at either trial.

Ottawa Citizen: "Presumed guilty: The Life sentence of Bobby and Wally: Senior Writer, Courts, Crime and  Justice, Gary Dimmock: August 14, 2025.

https://ottawacitizen.com/feature/presumed-guilty

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QUOTE OF THE DAY:  "Mailman, born on March 14, 1948, in Saint John, was the oldest child in a family that would grow to include 15 brothers and sisters.

In prison, he passed the time working at various jobs in the gym, the library and as a cleaner. And he kept up a strict exercise routine. He said he loved running, especially when it was raining. "Someone asked me one time, 'Why do you like jogging in the rain?"' he recalled. The answer: "Because no one sees you crying."

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SECOND QUOTE OF THE DAY: "He once described living under the weight of an unjust murder conviction as "the predicament of my life."

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PASSAGE OF THE DAY: "On Jan. 4, 2024, the Crown decided not to call any evidence in the new trial. As a result, Chief Justice Tracey DeWare of New Brunswick's Court of King's Bench acquitted the two men of the charges and declared they were innocent in the eyes of the law. DeWare apologized for the "miscarriage of justice." In a submission to the court, Innocence Canada highlighted a series of failings in the prosecution of the two men. These included recanted testimony from key witnesses, evidence withheld from the defence, substandard forensic evidence and a disregard for the men's alibis."

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STORY: "'The predicament of my life': Wrongfully convicted N.B. man dies from cancer," by Candia Press Reporter Hina Alam, published by |CBC News on October 13, 2025.


SUB-HEADING: "Robert Mailman, who spent 18 years in prison, was acquitted in January 2024."

SUB-HEADING: :Robert Mailman was a convicted murderer for 40 years and spent 18 years in prison for a crime he didn’t commit."


GIST: "A New Brunswick man who spent 18 years in prison after he was wrongfully convicted of murder has died at the age of 77.

Robert Mailman spent more than half of his life under the cloud of a wrongful murder conviction.

On Thursday, less than two years after he was acquitted of the crime, Mailman died from liver cancer. He was 77.

On May 11, 1984, Mailman and childhood acquaintance Walter Gillespie were convicted in the 1983 beating death of George Gilman Leeman in Saint John. His body had been doused with gasoline and set on fire in Rockwood Park, court heard.


Despite strong alibis, the two accused were found guilty of second-degree murder and sentenced to life in prison with no chance of parole for 18 years. Mailman served 18 years.

 Gillespie remained behind bars for 21 years.

 Both men steadfastly denied any involvement in the crime.

With the help of advocacy group Innocence Canada, the pair filed for a federal criminal conviction review in December 2019.

Their bid for an appeal was rejected by the New Brunswick Court of Appeal. And the Supreme Court of Canada declined to grant them leave to appeal a few years later.

As their legal odyssey dragged on, Mailman's health took a dramatic turn in November 2023 after he passed out while exercising in his Saint John apartment. Tests confirmed he had terminal liver cancer. He was given three months to live.

"So I just got to accept it," he said in an interview. "There's no off-ramp. I'm going to die. Period."

New trial ordered

The following month, then federal justice minister Arif Virani ordered a new trial for the two men, saying new, significant information had not been submitted to the courts.

Mailman, born on March 14, 1948, in Saint John, was the oldest child in a family that would grow to include 15 brothers and sisters.

In prison, he passed the time working at various jobs in the gym, the library and as a cleaner. And he kept up a strict exercise routine. He said he loved running, especially when it was raining.

"Someone asked me one time, 'Why do you like jogging in the rain?"' he recalled. The answer: "Because no one sees you crying."

He once described living under the weight of an unjust murder conviction as "the predicament of my life."

James Lockyer, founding director of Innocence Canada, said Mailman approached the organization for help in the early '90s.

Lockyer described Mailman as "the more vocal of the two."

And the longtime lawyer praised Gillespie for being fiercely loyal to his friend. Gillespie had said he could have avoided a lengthy prison term by signing a false confession implicating Mailman in the killing, Lockyer noted.

"And he just refused to do it because neither of them had anything to do with the crime," Lockyer said. "So between the two of them, they were an extraordinary couple, and I think they have had an impact on the New Brunswick justice system."

'Miscarriage of justice'

On Jan. 4, 2024, the Crown decided not to call any evidence in the new trial. As a result, Chief Justice Tracey DeWare of New Brunswick's Court of King's Bench acquitted the two men of the charges and declared they were innocent in the eyes of the law.

DeWare apologized for the "miscarriage of justice." In a submission to the court, Innocence Canada highlighted a series of failings in the prosecution of the two men.

These included recanted testimony from key witnesses, evidence withheld from the defence, substandard forensic evidence and a disregard for the men's alibis.

In February of last year, Innocence Canada announced the two men had reached a "satisfactory" settlement with the New Brunswick government, details of which would not be disclosed as a condition of the deal.

Gillespie died in April 2024 at the age of 80. The cause of his death was not disclosed.

Mailman said he had asked his doctor to keep him alive long enough to attend the court hearing.

"And they really went overboard to help me and I really appreciate it," he said as he relaxed in his apartment, surrounded by framed photos of his children, grandchildren and great-grandchildren.

Before the settlement was reached, Mailman said no amount of money would bring back the lost time, adding that his two sons had died while he was in prison.

"I can never get them back.… My biggest loss is my sons."

His health continued to fade, and in January of this year, he said he weighed less than 100 pounds, down from his usual 160.

"I'm getting weaker," he said at the time. "I can feel it. The things I could do three weeks ago … I can't do it now."

But his sense of determination showed no signs of letting up.

"I can go sit in a corner and be pouting and sit there in pity, or just keep going. I'm going to keep going on until I can't."

 Both men steadfastly denied any involvement in the crime.

The entire story can be read at: 

https://www.cbc.ca/news/canada/new-brunswick/wrongfully-convicted-new-brunswick-man-dies-from-cancer-9.6936993

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Win Wahrer, Director of Client Services,  of Innocence Canada, stressed the nobility of this man, who along with the late Wally Gillespie, fought for over 40 years to clear his name of a crime they did not commit, saying: 

It is with great sadness that we mourn the loss of Robert (Bobby) Mailman who lost his long battle with liver cancer on Thursday, October 9th.

Bobby fought valiantly along with his co-accused the late Wally Gillespie for over forty years to clear their names of a crime they did not commit.
Bobby impressed and humbled those that knew and admired him for his dogged determination to prove his innocence and continued to wear the armor of courage, tenacity, and integrity until his death.
Bobby was small in stature but had a larger-than-life personality and heart. 
He often caught you off guard with his quick wit and sense of humour.
Bobby had a tough exterior, but he was fiercely loyal, kind, and generous.
He possessed True Grit!
Bobby, you accomplished everything you set out to do, now it is time to rest.  
You will forever be with us in our thoughts, hearts, and memories. 
You are away but not gone!
Thank you for being a friend!"
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