the charles smith blog: February 2026

Saturday, February 21, 2026

February 21: Maria Margarita Rojas; Texas: Criminalizing Reproduction: Attacks on Science, Medicine and the Right to choose; All eyes on this appeal by a midwife accused of violating the state's abortion ban, ABC News (Reporter Mary Kekatos) reports, noting that: "Meanwhile, prosecutors have also accused Rojas of violating the state's abortion ban and charged her with a first-degree felony that carries a potential sentence of up to life in prison. "[Paxton] is accusing our client of basically operating abortion clinics, which the problem is that the allegations just aren't true and we think that the state completely failed to prove or show that any abortions were happening or that any unlawful practice was happening at the clinics," Marc Hearron, interim associate director of litigation with the CRR, who is representing Rojas in the civil case, told ABC News."

PUBLISHER'S NOTE: In recent years, I have taken on the theme of 'criminalizing reproduction' - a natural theme for a Blog concerned with flawed science in its myriad forms - as I am utterly appalled by the current movement in the United States (and some other countries) emboldened by the overturning of Roe V Wade, towards imprisoning and conducting surveillance on women and their physicians and others who help them secure a safe abortion, on the basis of sham science (or any other basis). I can’t remember the source, but agree totally with the sentiment that control over their reproductive lives is far too important to women in America - or anywhere else - so they can participate equally in the economic and social life of their nations without fear for loss their freedom at the hands of political opportunists and fanatics. (Far too many of those those around these days.) '

Harold Levy: Publisher; The Charles Smith Blog.

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QUOTE OF THE DAY: "ABC News has also reached out to the attorney representing Rojas in the criminal case. Hearron said the case against Rojas is significant because it marks the first time a provider has been criminally charged in Texas for violating the state's abortion ban. He accused Paxton's office of conducting a "shoddy" investigation and said Rojas was using the abortion drug misoprostol to provide miscarriage care."

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SECOND QUOTE OF THE DAY: "Hearron said the effects of the investigation and of the charges have been devastating on Rojas. "I think this is a politically motivated case and the effect has been to completely upend my client's life," Hearron said. "She was arrested twice. She was held in jail for 10 days and had to post this exorbitant $1.4 million bond. She's now out, but she's got to wear an ankle monitor. There are extreme restrictions on her travel. Her midwifery license has been temporarily suspended pending the outcome of the criminal proceedings, which could take years.

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THIRD QUOTE OF THE DAY: "He added that the proceedings have also affected the predominantly Spanish-speaking, low-income, uninsured patients who relied on care from Rojas and her clinics. "People who relied on Mrs. Rojas for midwifery care -- she delivered babies," Hearron said. "She was a caring, devoted midwife who delivered babies and provided care to her patients, and now her patients can't turn to her. So this has been devastating."

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STORY: "Texas court to hear appeal in case of midwife accused of violating state abortion ban," by Reporter Mary Kekatos, published by ABC News, on February 19, 2026.

SUB-HEADING: "Maria Margarita Rojas is also facing criminal charges."

SUB-HEADING: "How post-Roe Texas abortion law has been put into practice."

A Texas appeals court will hear arguments on Thursday in a civil lawsuit brought against a woman accused by the state of illegally providing abortions in the Houston area.

GIST: "Maria Margarita Rojas allegedly provided abortions in violation of the state's abortion ban and was practicing medicine without a license at a network of clinics in northwestern Houston, according to Texas Attorney General Ken Paxton.

Last year, a lower court in Waller County issued an injunction against Rojas and the three clinics at which she worked, causing them to shut down.

The Center for Reproductive Rights is currently asking the appellate court to reverse that decision.

Meanwhile, prosecutors have also accused Rojas of violating the state's abortion ban and charged her with a first-degree felony that carries a potential sentence of up to life in prison.

"[Paxton] is accusing our client of basically operating abortion clinics, which the problem is that the allegations just aren't true and we think that the state completely failed to prove or show that any abortions were happening or that any unlawful practice was happening at the clinics," Marc Hearron, interim associate director of litigation with the CRR, who is representing Rojas in the civil case, told ABC News.

ABC News has also reached out to the attorney representing Rojas in the criminal case.

Hearron said the case against Rojas is significant because it marks the first time a provider has been criminally charged in Texas for violating the state's abortion ban.

He accused Paxton's office of conducting a "shoddy" investigation and said Rojas was using the abortion drug misoprostol to provide miscarriage care.

In January 2025, an anonymous complaint was filed with the Texas Health and Human Services Commission, alleging that two abortions were performed at one of Rojas' clinics, according to the appellate brief.

The Medicaid Fraud Division within Paxton's office began investigating, with one investigator claiming to find a pill bottle of the drug misoprostol, according to the complaint. While misoprostol can be used as part of a two-drug combination to induce an abortion, it is also used to treat first-trimester miscarriages.

In filing an appeal, Rojas' attorneys argued that mifepristone, the drug given with misoprostol to induce an abortion, was never found by investigators, nor were tools found that would be used in a surgical abortion.

They also alleged the state investigators had no "medical training or expertise" to know what misoprostol could be used for and did not consult with a medical expert during the investigation.

Hearron said the effects of the investigation and of the charges have been devastating on Rojas.

"I think this is a politically motivated case and the effect has been to completely upend my client's life," Hearron said. "She was arrested twice. She was held in jail for 10 days and had to post this exorbitant $1.4 million bond. She's now out, but she's got to wear an ankle monitor. There are extreme restrictions on her travel. Her midwifery license has been temporarily suspended pending the outcome of the criminal proceedings, which could take years."

He added that the proceedings have also affected the predominantly Spanish-speaking, low-income, uninsured patients who relied on care from Rojas and her clinics.

"People who relied on Mrs. Rojas for midwifery care -- she delivered babies," Hearron said. "She was a caring, devoted midwife who delivered babies and provided care to her patients, and now her patients can't turn to her. So this has been devastating."

According to a press release last year from Paxton, Rojas is a midwife known as "Dr. Maria." She allegedly owned and operated multiple clinics, including Clinica Waller Latinoamericana in Waller, Clinica Latinoamericana Telge in Cypress and Latinoamericana Medical Clinic in Spring -- all in the northwest Houston area.

Rojas is accused of performing "illegal abortion procedures" in her clinics, which allegedly violated the Texas Human Life Protection Act, the attorney general's office said.

Abortions are banned in Texas except in limited, exception cases if the woman has a life-threatening condition or is at risk of "substantial impairment of a major bodily function."

In the limited exceptions when abortion is allowed, patients are required to make two trips, one for an in-person counseling session and then 24 hours later for the abortion, according to the Guttmacher Institute, a research group that focuses on sexual and reproductive health

Paxton's office did not immediately return ABC News' request for comment.

Paxton's office did not immediately return ABC News' request for comment."

The entire story can be read at:

https://abcnews.com/Health/texas-court-hear-appeal-case-midwife-accused-violating/story?id=130260004PUBLISHER'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.

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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Friday, February 20, 2026

February 20: Bulletin: Former Daycare Provider Allison Dorsey; Iowa, Major Development:- She once heard a judge sentence her to fifty years in prison. She is now being permitted to enter a guilty plea to a significantly lesser offence, which will result in a very different sentence, Western Iowa Today (Associate News Director) reports, noting that: "Attorney Trevor Hook tells KSOM/KS95 News that Dorsey is pleading guilty to one charge: Involuntary Manslaughter. Count Two: Child Endangerment Causing Death, will be dismissed at her sentencing next Thursday (Feb. 26th).". (Stay tuned! HL)..."Hook says the plea agreement says “She’ll plead guilty to Count One – a lesser included offense of Involuntary Manslaughter – 5 years (maximum prison term), with credit for all the time she did in prison (about 20 months).” Count Two would be dismissed."

BACKGROUND; (KCCI): June 28, 2023. Reporter Marcus McIntosh: (Cass County Iowa): "A judge handed down a 50-year sentence Wednesday for an Iowa day care provider convicted of killing a baby under her care. In May, a Pottawattamie County jury found Alison Dorsey, 39, guilty in connection to the death of 11-week-old Luka Hodges. Investigators said Luka died from head trauma in October 2019 while under the care of Dorsey in her Massena home. Court records show that on Oct. 7, 2019, Luka wasn't breathing, and Dorsey called 911. The next day a doctor at Children's Hospital in Omaha told investigators that the baby had "severe head injuries."Prosecutors say Dorsey shook Luka, resulting in his death. Dorsey's defense team claimed the injuries happened before Luka was in Dorsey's care, but medical experts debunked that in their testimony in the trial.The jury found Dorsey guilty of second-degree murder and endangering the welfare of the child, resulting in death. Investigators said Luka died from head trauma in October 2019 while under the care of Dorsey in her Massena home."

https://www.kcci.com/article/iowa-day-care-provider-sentenced-in-baby-death/44372291

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PASSAGE OF THE DAY: "In the plea agreement, Dorsey admits that on or about October 7, 2019, “I was caring for (the infant) and I picked him up, he was fussy and wouldn’t eat, I rocked him in my arms harder than I should have, I regret that, I unintentionally caused (the infant’s) death.” The charge of Child Endangerment will be dismIssed.

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STORY: "UPdated: Plea Agreement Reached: Alison Dorsey Pleads Guilty to One Charge, by Associate News DirectorMandy Billings, published by Western Iowa Today, on 19, 2026.

GIST: " Cass County): "A plea agreement has been reached in the State of Iowa’s case against Alison Elaine Dorsey, a former daycare provider from Massena. Sentencing is scheduled for February 26, 2026, at 9:30 a.m., canceling a jury trial scheduled to begin on February 24.

According to court documents, Dorsey has pleaded guilty to Involuntary Manslaughter. Attorney Trevor Hook tells KSOM/KS95 News that Dorsey is pleading guilty to one charge: Involuntary Manslaughter. Count Two: Child Endangerment Causing Death, will be dismissed at her sentencing next Thursday (Feb. 26th).

Hook says the plea agreement says “She’ll plead guilty to Count One – a lesser included offense of Involuntary Manslaughter – 5 years (maximum prison term), with credit for all the time she did in prison (about 20 months).” Count Two would be dismissed.

In the plea agreement, Dorsey admits that on or about October 7, 2019, “I was caring for (the infant) and I picked him up, he was fussy and wouldn’t eat, I rocked him in my arms harder than I should have, I regret that, I unintentionally caused (the infant’s) death.” The charge of Child Endangerment will be dismissed at sentencing.

Dorsey’s initial trial in Cass County ended in a hung jury, leading to a second trial in Pottawattamie County.

Dorsey was convicted by a jury in Pottawattamie County District Court in June 2023 in connection with the death of a child under her care in Massena.

Her attorneys argued the venue change was inappropriate, that she was denied the opportunity to present additional character witnesses, and that the court erred in denying her motion for a new trial.

The Iowa Supreme Court affirmed that evidence was sufficient to support Dorsey’s conviction for second-degree murder and child endangerment resulting in death, but found the case had been improperly moved from Cass County to Pottawattamie County.

Because of that venue error, the court ordered a new trial.

Again, the trial scheduled for next week will no longer take place following the plea agreement.'

The entire story can be read at:

https://westerniowatoday.com/2026/02/19/plea-deal-reached-in-alison-dorsey-case/

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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Christina Swarns: Executive Director: The Innocence Project;

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Thursday, February 19, 2026

February 19: Digital Forensics: UK: Devastating Report: A Committee of the The British House of Lords warns that the “collapsing forensic science system” in the country is a “national scandal waiting to happen” as it highlights failures in digital forensics, "and a failure to respond to new technologies in a fragmented system", Computer Weekly (Management Editor Lis Evenstad) reports, noting that: “Criminal cases are collapsing, often due to missing or damaged evidence,” the report said. “The market meant to provide many forensic services has collapsed. Police provision is patchy, inconsistent and lacking in oversight. “Digital forensics is increasingly important, but a backlog of over 20,000 digital devices to be analysed has not shrunk in years. Ministers admit that the system needs reform.”

QUOTE OF THE DAY: "Giving evidence to the committee, policing and crime minister Sarah Jones said the problems evident now are symptoms of “wider problems we have had in policing”, including a lack of co-ordination. “The thing I found most shocking, as a new minister in this space, is the lack of real understanding of what is actually going on across the country on forensics,” she told the committee. “We do not know how much money is spent, how many delays there are or the balance between the private sector and in-house. If we can have performance data where we have standardisation of what is expected, what is good practice and what all forces should be doing, we can shine a light on forensics in a way that we just cannot at the moment.”

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SECOND QUOTE OF THE DAY: "Also giving evidence, Carole McCartney, professor of law and criminal justice at the University of Leicester and member of the Westminster Commission, added that there are issues with who takes responsibility for forensic science. “There is a problem with the Home Office but, to be perfectly honest, the Ministry of Justice is even worse,” she said, adding that when the commission would approach them for a meeting, they would be told “there is nobody here to talk to”. “Now we solve everything using digital forensics … it is not particularly well regulated … we will undoubtedly have miscarriages of justice that we will not be able to solve, either because we do not have the expertise or because we do not have the evidence because we did not seize it in the first place,” said McCartney."

PASSAGE OF THE DAY: "“Since our 2019 report, AI has developed rapidly,” the report said. “Generative AI presents an increasing challenge to the reliability of digital evidence: deepfake images and other data are increasingly difficult to detect. This will be a challenge for investigators, but also for courts: judges, counsel and jurors will all need to be equipped and assisted in understanding the evidential reliability of such material. “AI is also a potential means of analysing huge volumes of data. However, this needs to be done reliably, fairly and in a trusted way, something which current AI models struggle with to the standards the criminal justice system demands. We were unconvinced that the current policing and criminal justice system is sufficiently well-equipped to make the best use of these technologies, nor is the market well-positioned to allow new providers to innovate.”

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STORY: "House of Lords committee concerned over digital forensics backlog," by Management Editor Lis Evenstad, published by Computer weekly, on February 18, 2026. "Lis Evenstad is the management editor at Computer Weekly, and joined the site in August 2015. Her beats include public sector and CIOs, and she has a particular interest in healthcare IT. Before joining the team at Computer Weekly, she previously worked as news editor at Digital Health (formerly known as eHealth Insider). She then took a break from IT and spent a year as a financial journalist before deciding to return to IT journalism. Lis studied journalism at City University London."

STORY: "House of Lords committee concerned over digital forensics backlog," by Lis published by 'Computer Weekly' on February 17, 2026. Evenstad,

Lords’ Science and Technology Committee warns policing and justice system is unequipped to make use of technologies such as AI, and calls on government to handle digital forensics backlog.

A report by the House of Lords Science and Technology committee warns that the “collapsing forensic science system” in the country is a “national scandal waiting to happen”.

The report highlights failures in digital forensics and a failure to respond to new technologies in a fragmented system.

“Criminal cases are collapsing, often due to missing or damaged evidence,” the report said. “The market meant to provide many forensic services has collapsed. Police provision is patchy, inconsistent and lacking in oversight.

“Digital forensics is increasingly important, but a backlog of over 20,000 digital devices to be analysed has not shrunk in years. Ministers admit that the system needs reform.”

Giving evidence to the committee, policing and crime minister Sarah Jones said the problems evident now are symptoms of “wider problems we have had in policing”, including a lack of co-ordination.

“The thing I found most shocking, as a new minister in this space, is the lack of real understanding of what is actually going on across the country on forensics,” she told the committee. “We do not know how much money is spent, how many delays there are or the balance between the private sector and in-house.

“If we can have performance data where we have standardisation of what is expected, what is good practice and what all forces should be doing, we can shine a light on forensics in a way that we just cannot at the moment.”

Taking responsibility

Also giving evidence, Carole McCartney, professor of law and criminal justice at the University of Leicester and member of the Westminster Commission, added that there are issues with who takes responsibility for forensic science.

“There is a problem with the Home Office but, to be perfectly honest, the Ministry of Justice is even worse,” she said, adding that when the commission would approach them for a meeting, they would be told “there is nobody here to talk to”.

“Now we solve everything using digital forensics … it is not particularly well regulated … we will undoubtedly have miscarriages of justice that we will not be able to solve, either because we do not have the expertise or because we do not have the evidence because we did not seize it in the first place,” said McCartney.

Little improvement

The committee’s previous enquiry into forensic science in 2019 highlighted that 80% of crimes investigated by the Metropolitan Police involved a digital element, and since then, technology has continued to evolve.

“This has presented problems with storage and analysis of evidence; meanwhile, developments in artificial intelligence (AI) have promised some solutions while also generating other challenges such as deepfakes,” the report said.

Back in 2019, the committee highlighted problems with the large backlog in digital forensics, including volumes of evidence and the sector’s ability to process, analyse and store it.

The increased use of AI both by criminals and by its potential to solve cases also continues to be an issue.

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