Thursday, June 25, 2026

June 25: Christopher Hester; Christopher Barbour: Alabama: Plea deals, false confessions and "throw-away people": AP Reporter Ivana Hryrnkiw takes us on a visit to the underside of criminal justice, in a story headed, "He served 24 years in prison. Now Alabama says he may have been wrongly identified."... "False guilty pleas are even more common than false confessions, said Allison Redlich, a professor and researcher at George Mason University who studies wrongful convictions and false guilty pleas. In interrogations, cops can’t promise leniency or threaten punishment. But that’s what plea deals are all about. Redlich cited research that shows more than 900 people have been exonerated by DNA or other forms of evidence after pleading guilty. In those cases, data shows innocent people are more likely to plead guilty when threatened with the death penalty."



QUOTE OF THE DAY: "
Court records don’t show any appeals from Hester on his plea all those years ago. Redlich said challenging a plea deal is hard to do, and harder to win. Many can’t pay for attorneys, and innocence groups often won’t take on plea cases. “When I read about wrongful convictions, the term ‘throw away people’ always comes to mind,” Redlich said.  “In these cases, time and time again, the criminal justice system treats them like throw away people.”


PASSAGE OF THE DAY:  "Guilty pleas account for almost all of the convictions in the country — about 97% by Redlich’s findings. Plea bargains generally shorten the length of time someone spends in prison, making them especially attractive for people who have serious charges or when a co-defendant has already gotten a harsh sentence. And when that co-defendant just got life in prison or sent to death row, a person is often going to take the deal, she said. It’s usually acceptable that a district attorney prosecuted somebody else for the same exact crime under a different theory or under different facts, Redlich said. “When pleading guilty, the judge just has to accept that he or she believes there’s a factual basis for the crime.”

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

PASSAGE TWO OF THE DAY: "According to data from the National Registry of Exonerations, three Alabama men have been exonerated for murder or manslaughter convictions since 1989 after pleading guilty. A person taking a plea waives all their rights they would have at trial. There is no cross examination of witnesses, no way to put on a defense.  And there isn’t an easy recourse for false guilty pleas in the court system. When there isn’t a trial, there’s less record and finding of facts.  “When people plead guilty, really the only record is the plea hearing, which tend to be short,” said Redlich. “Without this record, there is less information to later say that there were errors made, or ‘I didn’t understand my plea’ or ‘I was coerced into pleading guilty.’ There’s just not a record, really, to base your conviction appeals on.”

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

STORY: "He served 24 years in prison. Now Alabama says he may have been wrongly identified," by Reporter Ivana Hrynkiw, published by 000, omitted June 22, 2026.

GIST: Christopher Hester is hard to find.

He was 20 years old when police found him, homeless in Montgomery. He lived for the next 24 years inside Alabama’s prisons. After serving his time, he’s seemingly disappeared and appears to be homeless yet again.

Hester went to prison for the 1992 slaying of Thelma Roberts, a single mother of two who was raped, beaten and stabbed inside her own bedroom. After his friend was sentenced to death, Hester pleaded guilty to being at the scene before she died, saying that he never saw the woman being harmed. His friend Christopher Barbour was convicted of her murder and sent to wait on the electric chair.

Now, decades later, the DNA has come back. And with it, the state has changed its theory of the case in its fight to keep Barbour on death row.

In prosecuting Barbour, the state argued three decades ago that Hester raped the 40-year-old victim as Barbour held her down and later stabbed her to death. But, after a federal judge ordered a new trial for Barbour, the Alabama Attorney General’s Office said maybe there was no rape at all.

Maybe Hester wasn’t even there.

Maybe it was a case of “misidentification,” state prosecutors wrote in court records this spring.

Maybe Barbour worked with another man, the state argued in court. Maybe he worked with the man whose DNA was recently found to match the grisly crime scene.

That man, Jerry Tyrone Jackson, lived across the street from Roberts in 1992. Today, Jackson can be found in an Alabama prison. Ten years after the Roberts murder, he was convicted of a separate fatal beating and stabbing of a woman in the northern part of the state.

The Alabama Attorney General’s Office didn’t respond to questions for this article.

It’s not clear if Hester knows the twisting legal journey of his old friend Barbour. He served his time and left prison a free man, and left behind seemingly any connection to the case at all.

It’s unclear if he knows that recent DNA evidence points to someone else.

What is clear is that the tales Barbour and Hester told never matched up, nor do they match the state’s new theories. Hester’s confession, made only once at his plea hearing in a Montgomery courtroom, never compared to Barbour’s. The police and prosecutors pushed through the inconsistencies, closing their case by locking away a duo of homeless young men who lived across the city behind a mall.

The state theorized 30 years ago that Roberts, who worked as a housekeeper at Maxwell Air Force Base and didn’t drink, invited the men in for a beer party that turned violent as Hester raped her and Barbour stabbed her.

There is no evidence the men ever met Roberts.

The Chrises

In 1992, Hester was 20. He had a reputation among teenagers in Montgomery and hung out with a group of runaway kids. He mostly lived out of his car, friends said in their police interviews, and at an encampment behind the Eastdale Mall.

Meanwhile, Roberts lived with her two teenagers across town in the Chisholm neighborhood. She lived in a small home on Manley Drive, a street filled with friends of her kids and with others who were rumored to be in various gangs.

Roberts’ son found her body on the morning of March 21, 1992. There was a butcher knife sticking out of her chest, she was naked, and there was a bag over her head.

Police chased leads for weeks. They initially focused on her estranged husband, who said he was beaten by police before they moved on to other suspects. They even looked at her children before learning about a Caucasian hair found on the sheet her body was wrapped in when it got to the coroner’s office.

Roberts and her family were Black. Hester and Barbour are white.

Montgomery detectives leaned into the rumor mill that plagued the case, grasping onto information from kids in middle school and high school and tales that swirled and pointed in all different directions.

Eventually, interviews led the police to the Chrises.

There were at least six different young men named Chris identified in the interviews with neighborhood kids, police notes show, but Christopher Hester was one who caught their eye. He was 20 at the time and had been wanted in the area for passing bad checks that he had stolen from a family member and on a statutory rape charge for having sex with an underage teen girl he was friends with.

When police started looking for information on Hester, Barbour’s name popped up.

Police found Barbour at the mall he lived behind and “questioned him intently,” the lead detective on the case wrote in a report. The same detective called him a “whimpie little thing, and scares real easy.”

The traits didn’t deter police. They found Barbour again shortly after and asked him to show up for more questioning on what Barbour believed to be about a string of small grocery store fires, which were started in aisles as a distraction to steal food and candy and cigarettes.

Barbour showed up to talk about the small flames. But something happened while he was there: After being questioned, after he was fed dinner at the fire station, and after sitting on a fire truck, he confessed to a grisly murder.

The confessions

Barbour confessed three times that night, court records show. One was audiotaped, one videotaped, and one not taped at all.

Barbour said he and Hester, along with a teenage boy who was never charged, were looking for a place to drink on March 20, 1992. The trio went to Manley Drive to see a friend of Hester’s, but the friend wasn’t home. Instead, said Barbour, Hester went to Roberts’ house and knocked on the door. Hester motioned for the other two men to come inside and said they were going to drink and hang out with Roberts.

No one involved in the case indicated that Roberts knew Hester or Barbour. Roberts did not drink or smoke, and no alcohol was found in her blood after her death. No beer cans were found at the scene.

But regardless, Barbour said he, the teenager, and Hester drank beer and hung out in the living room. At some point, Hester and Roberts went to the back bedroom. Barbour and the teen remained in the living room until they heard shouting and went to investigate. They found a naked Roberts and Hester wearing only his pants. Then, Barbour told police, the three beat Roberts to the ground, where he and the teen held her down while Hester raped her.

After the rape, Barbour said, he grabbed a knife from the kitchen and stabbed Roberts. He set several small fires around her body, but the flames never caught.

And then, he said, they left.

That’s the story that police relied on at Barbour’s capital murder trial. Barbour’s lawyers tried to get the confession thrown out, saying Barbour made up the story to fit the police theory and that he was slapped and threatened into confessing. But the judge allowed the confession, and the jury believed it.

Barbour was convicted and sentenced to death.

After his friend’s trial, Hester agreed to a plea deal for felony murder: a lesser charge than capital murder and one that didn’t carry the death penalty. As part of the plea, Hester confessed to what happened the night of March 20.

His tale was different from Barbour’s almost entirely.

Hester said that on the night Roberts was murdered, he, Barbour, and a 16-year-old girl broke into Roberts’ house to rob her. In his tale, there was no rape. He wasn’t invited in by Roberts. There was no drinking in his version, and there was no teen boy. There was no argument with Roberts that escalated, no beating. He also said he didn’t witness a stabbing at all — he didn’t know what happened in the bedroom of Roberts’ house. He said he only learned that Roberts had died two days after the robbery.

The two confessions didn’t line up, but the police and prosecutor pressed ahead anyway. Randy McNeil, the man who prosecuted both cases, acknowledged the inconsistencies in a 2022 deposition.

It was rare to have a stranger-on-stranger rape and murder, he said. And it was unusual that a woman would willingly let in three men of a different race and generation to drink in her home.

The case against Barbour was built on his confession, McNeil said, and he never actually spoke to Hester. Hester’s case was more challenging because he didn’t have a confession.

“Both statements were not necessarily -- they do not match up. I agree,” McNeil said in his deposition.

When Barbour’s lawyers questioned McNeil in 2022 about the differences, an assistant attorney general quipped: “Mr. McNeil prosecuted two people in this case. He used alternate theories. What he truly thinks does not matter. It’s irrelevant to this case.”

McNeil answered anyway, saying that he was still sure that Barbour and Hester were involved. He based that on their own words, even if their stories didn’t match up.

His job in taking Hester’s plea was to listen, McNeil said, and ensure the story Hester told lined up with the elements for the state’s felony murder charge. He didn’t need to prove the story.

“Because that’s all I need,” he said. “Why make it more complicated?”

False pleas


False guilty pleas are even more common than false confessions, said Allison Redlich, a professor and researcher at George Mason University who studies wrongful convictions and false guilty pleas.

In interrogations, cops can’t promise leniency or threaten punishment. But that’s what plea deals are all about.

Redlich cited research that shows more than 900 people have been exonerated by DNA or other forms of evidence after pleading guilty. In those cases, data shows innocent people are more likely to plead guilty when threatened with the death penalty.

Guilty pleas account for almost all of the convictions in the country — about 97% by Redlich’s findings. Plea bargains generally shorten the length of time someone spends in prison, making them especially attractive for people who have serious charges or when a co-defendant has already gotten a harsh sentence. And when that co-defendant just got life in prison or sent to death row, a person is often going to take the deal, she said.

It’s usually acceptable that a district attorney prosecuted somebody else for the same exact crime under a different theory or under different facts, Redlich said. “When pleading guilty, the judge just has to accept that he or she believes there’s a factual basis for the crime.”

According to data from the National Registry of Exonerations, three Alabama men have been exonerated for murder or manslaughter convictions since 1989 after pleading guilty.

A person taking a plea waives all their rights they would have at trial. There is no cross examination of witnesses, no way to put on a defense.

And there isn’t an easy recourse for false guilty pleas in the court system. When there isn’t a trial, there’s less record and finding of facts.

“When people plead guilty, really the only record is the plea hearing, which tend to be short,” said Redlich. “Without this record, there is less information to later say that there were errors made, or ‘I didn’t understand my plea’ or ‘I was coerced into pleading guilty.’ There’s just not a record, really, to base your conviction appeals on.”

The girl who never testified


McNeil, the prosecutor, believes the story he heard from the teenage girl he spoke with in the 1990s, the one Hester named in his tale. She said she was there on the night Roberts died. It’s a story the state has recently brought up in its fight to keep Barbour locked away on death row.

The teenager spoke with McNeil before the two men were convicted. The prosecutor described her as “flighty” and nervous throughout her interview, but he believed her.

He didn’t call her as a witness at Barbour’s trial, saying her testimony would “undercut” the confession because it was also different.

Now in her 50s and living in another state, she was never charged in the Roberts case. She talked to police multiple times during the investigation, and her stories varied from interview to interview. Eventually, a year after the slaying and as a detective started the interview saying “this is all a dream you’re having, right,” she said she was there the night Roberts died.

Court records show that a year after the murder, the girl told police that on the night Roberts was killed, she was with Barbour, Hester, and the teen boy. She said that at one point she woke up in an empty car on Manley Drive. She stumbled from the car to the bedroom of Roberts’ house, she told police, and found a woman on the ground with Hester. During that interview in 1993, according to a transcript, the lead detective repeatedly encouraged her to keep talking, despite her getting sick over a trashcan at one point.

“Get it up, get it out darling. Now is the time. You know what’s happened,” he said. “Take a swallow of your Coke, baby.”

The girl said the men were hurting Roberts and were going to kill her. She didn’t know why, and she didn’t see the stabbing.

When asked by detectives during the 1993 interview why she was just now telling police this story, she said: “Because I didn’t remember all of – all of these things I do not remember.”

Barbour’s lawyers have said she was hypnotized during the interview.

No one ever reported seeing a car matching the description on Manley Drive that night.

In a 2022 affidavit, the woman told a similar story. She said when she woke up from the car and went inside, she saw Barbour, Hester, and the teen boy next to a person on the ground and surrounded by trash bags. She said she heard a woman praying, saw a knife in her body and blood everywhere. In her 2022 telling, she recalled leaving the house and ending up at Barbour’s grandparents’ house.

But in the spring of 1992, Barbour’s grandparents said 22-year-old Barbour was living behind the Eastdale Mall and had already been kicked out of their house because he was drinking and generally didn’t follow their house rules.

All these years later, McNeil was “flabbergasted” to learn about the DNA match to Roberts’ neighbor Jackson, according to the 2022 deposition. He never spoke with Jackson, and neither did the police. He didn’t know Jackson had been arrested months prior for breaking into a woman’s house nearby. He didn’t know that Jackson was later convicted of murdering a woman in north Alabama.

It still doesn’t shake McNeil’s belief. It does complicate the confession, though.

“I really truly believe that confession,” McNeil said in 2022 of Barbour’s decades old statements to police. “And I also believe that (the teen girl) was correct.”

Written out of the latest narrative


Time has taken its toll on the case of who killed Thelma Roberts.

One of Hester’s former attorneys died more than a decade ago. The other is now a judge in Montgomery and said he wouldn’t comment on cases he handled before taking the bench. The private investigator who worked on his case has also died.

Hester hasn’t been charged with any violent crimes since leaving prison, court records show. He’s gotten a few tickets and slaps on the wrist for failing to update his address on the sex offender registry as he’s moved around. 

He did not respond to letters sent to previous listed addresses, nor reply to emails. No phone number was available.

Hester’s story is settled, according to the state. But now, despite the two decades he spent in prison, they seem to have simply written him out of the narrative.

The Alabama Attorney General’s Office said that the DNA match to Jackson doesn’t exonerate Barbour. The record “supports an obvious third explanation,” prosecutors wrote, “that Barbour participated in the crime with Jackson but named Hester instead, whether out of fear, confusion, or some other motive.”

But the state in a court filing this spring also wrote that Hester’s comments from his 1993 plea are “direct evidence” against Barbour, as the state continues to keep Barbour in line for execution.

Hester’s plea “directly corroborates Barbour’s confession placing him at the scene and supports the inference that Barbour murdered Ms. Roberts.”

In a filing to the appeals court this spring, the state said Hester could have been misidentified. “...even if Barbour lied or was mistaken about Hester’s involvement, there are plenty of other explanations for the misidentification,” the Attorney General’s Office wrote. “The most obvious of the reasonable alternatives is that Barbour was afraid of Jackson.”

Court records don’t show any appeals from Hester on his plea all those years ago. Redlich said challenging a plea deal is hard to do, and harder to win. Many can’t pay for attorneys, and innocence groups often won’t take on plea cases.

“When I read about wrongful convictions, the term ‘throw away people’ always comes to mind,” Redlich said.

“In these cases, time and time again, the criminal justice system treats them like throw away people.”

The entire story can be read atL 


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. 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. 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;


Wednesday, June 24, 2026

June 24: Former DNA Analyst Yvonne "Missy" Woods (gone very, very wrong) Colorado: Major development: She helped prosecutors send many people to prison. Now, after reaching a plea agreement - of between eight and sixteen years - it's her turn to go behind bars, as Reporter Alan Gionet and Digital Media Producer Jennifer McRae report on CBS News, noting that, "she was accused of mishandling or manipulating data in dozens of criminal investigations, casting doubt on many cases in which she was involved - pleading guilty to one count each of cybercrime, perjury, attempt to influence a public servant and forgery."..."CBI said it launched an investigation into over 1,000 cases in which Woods had some sort of involvement. The agency said it looked at cases from 1994 to 2023, when she was placed on administrative leave and then retired. According to an arrest affidavit, investigators said Woods intentionally left DNA samples out of tests or reports and sometimes would test samples until the results showed what she wanted. CBI asked the South Dakota Division of Criminal Investigation to conduct an outside investigation into the case since it involved one of its own employees. Investigators alleged that Woods deleted some findings of what are called "specific values" in more than 30 sexual assault cases. She was accused of submitting reports that said no male DNA was found, when there was, in fact, male DNA or possible contamination that should have been retested."



QUOTE OF THE DAY: ""She doctored testing results to avoid testing," pointed out Jud Lohnes, an attorney with the Korey Wise Innocence Project at CU Boulder Law. "And that has a dramatic effect on both defendants and victims. Defendants who may have been deprived of DNA testing that could have proved their innocence, and victims of crimes who, whose cases may have withered on the vine because she didn't conduct the DNA testing that could have brought the true perpetrator to justice."

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

PASSAGE OF THE DAY "A Colorado man convicted of murder over a decade ago in Boulder was released from prison in April 2025 after his lawyers say DNA evidence in the case was mishandled by Woods. Michael Clark spent 12 years behind bars but always maintained his innocence in the 1994 murder of Marty Grisham."

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

PASSAGE TWO OF THE DAY: "CBI said it launched an investigation into over 1,000 cases in which Woods had some sort of involvement. The agency said it looked at cases from 1994 to 2023, when she was placed on administrative leave and then retired. According to an arrest affidavit, investigators said Woods intentionally left DNA samples out of tests or reports and sometimes would test samples until the results showed what she wanted." CBI asked the South Dakota Division of Criminal Investigation to conduct an outside investigation into the case since it involved one of its own employees."

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

STORY: "Former Colorado DNA analyst pleads guilty to manipulating data in agreement with prosecutors," by Reporters Alan Gionet and Jennifer McRae, published by CBS News, on June 23, 2026. (Alan Gionet reports on a wide variety of issues and specializes in covering stories in Colorado's foothills. A digital media producer for CBS Colorado with more than 25 years of experience in news. Jennifer is McRae is  part of the digital team recognized for excellence for Best Website several times by the Colorado Broadcasters Association.GIST: "A former DNA analyst with the Colorado Bureau of Investigation changed her plea to guilty in court on Tuesday to four charges, as part of an agreement in which prosecutors dropped 100 other counts she was facing.)

GIST: "Yvonne "Missy" Woods reached a plea agreement with prosecutors after she was accused of mishandling or manipulating data in dozens of criminal investigations, casting doubt on many cases in which she was involved. She pleaded guilty to one count each of cybercrime, perjury, attempt to influence a public servant and forgery. 

The case was tried in the First Judicial District, where CBI lab techs have done their work.

DA Alexis King said in a statement: "Today, Ms. Woods accepted responsibility not only for individual acts of misconduct but for the full scope of criminal conduct that spanned decades. Despite Colorado law allowing for these offenses to be probation eligible, this disposition guarantees a prison sentence and eliminates any possibility of a community-based sentence. Securing a term of imprisonment, protecting the interests of the community, and our shared expectations of integrity in the justice system is reflected in this resolution."

Woods agreed to a stipulated sentence of between eight and 16 years of prison as part of the guilty plea agreement.

Woods was charged in Jefferson County Court in January 2025 with forgery, attempting to influence a public servant, perjury, and cybercrime. She initially pleaded not guilty to the charges in February of this year.

CBI said it launched an investigation into over 1,000 cases in which Woods had some sort of involvement. The agency said it looked at cases from 1994 to 2023, when she was placed on administrative leave and then retired.

According to an arrest affidavit, investigators said Woods intentionally left DNA samples out of tests or reports and sometimes would test samples until the results showed what she wanted. CBI asked the South Dakota Division of Criminal Investigation to conduct an outside investigation into the case since it involved one of its own employees.

Investigators alleged that Woods deleted some findings of what are called "specific values" in more than 30 sexual assault cases. She was accused of submitting reports that said no male DNA was found, when there was, in fact, male DNA or possible contamination that should have been retested.

Woods worked at CBI's Denver regional laboratory in Lakewood until the facility moved to Arvada in 2016, where she worked until she retired in 2023.

A Colorado man convicted of murder over a decade ago in Boulder was released from prison in April 2025 after his lawyers say DNA evidence in the case was mishandled by Woods. Michael Clark spent 12 years behind bars but always maintained his innocence in the 1994 murder of Marty Grisham.

The district attorney in Boulder, Michael Dougherty, says the DNA evidence wasn't the only problem with the case.

"The Clark case I look at somewhat differently, because in addition to the concerns we had about Missy Wood's involvement, we also had really significant concerns about juror misconduct, also ineffective assistance of counsel," said Dougherty. "But there are other cases where the DNA evidence played a really important role, and the misconduct by Missy Woods had an incredibly damaging effect on our ability to do justice for the case. And it's caused us to revisit different cases and open old wounds for victims and their families, and that's true in offices around the metro area."

Dougherty tried cases in which Woods tested and testified. He says he has not talked with her since she left her position with CBI.

"I've always thought about how that conversation would go, and the incredible disappointment and just shock that I had when I first learned of her misconduct. And today's guilty plea certainly cements that what she did was absolutely wrong and criminal, and against the public interest," said Dougherty.

Dougherty did not have a count on how many cases might be affected in his district. In the First Judicial District, the Colorado Bureau of Investigation identified 107 cases with anomalies. The district attorney's office said 56 of those cases were never filed by police, and 51 were prosecuted.

"She doctored testing results to avoid testing," pointed out Jud Lohnes, an attorney with the Korey Wise Innocence Project at CU Boulder Law. "And that has a dramatic effect on both defendants and victims. Defendants who may have been deprived of DNA testing that could have proved their innocence, and victims of crimes who, whose cases may have withered on the vine because she didn't conduct the DNA testing that could have brought the true perpetrator to justice."

The Innocence Project is looking at multiple cases involving Woods' work. 

Last year, state lawmakers passed a bill sparked by the Woods investigation that creates procedures for reporting misconduct.

"I have at least 2 clients. where Missy Woods did testing in their cases," said Lohnes. "And they did not receive a notice from the district attorney, because it got lost in the shuffle in CBI's review."

There is a backup caused by problems with the case. The cost was estimated at over $ 11 million two years ago, but there's been no recent estimate.

"There are so many cases, and so many defendants, and so few attorneys who are capable of doing this work, that it's going to take a long, long time to truly find out how many people were affected by our misconduct," Lohnes explained. "To be frank, not every case that Missy Woods worked on is going to be one where her work caused prejudice. But just a small percentage of the thousands of cases that she worked on would be an enormous number."

The CBI said today in a statement that it has undertaken reforms that go beyond routine compliance.

"This moment is not about moving on, for CBI, it's about moving forward," said Armando Saldate, Director of the Colorado Bureau of Investigation. "Today's guilty plea is an important moment of accountability."

Judge Andrew Poland set Woods' sentencing hearing for Sept. 8.""  

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. 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. 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;

24 June: Beleaguered Nottingham university Hospital: UK: The BBC reports that hundreds of mothers and babies suffered potentially avoidable harm or died due to "deeply embedded systemic failures" at maternity units in Nottingham, a review led by senior midwife Donna Ockenden has concluded, noting that: "Different care may have altered the outcome for 260 babies, who died or were harmed, the review team told the BBC. Of that number, 155 babies died while 105 suffered serious injury due to substandard care, with some left with permanent brain damage."



PASSAGE OF THE DAY: "Experts found adverse outcomes were linked to multiple factors, including failures in the monitoring of babies, poor interpretation of heart monitoring, a failure to recognise babies were in distress during labour and a failure to escalate some cases to senior doctors. Ockenden added many of the systems of oversight established for maternity care were "no longer fit for purpose". And there was also a major criticism of the trust's workplace culture, which was described as "bullying and toxic" over several years. Women in the middle of labour were told to "pull themselves together" - while another submission from a mother recalled being told to "wait their turn" as there were "other women they had to sort".

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

PASSAGE TWO OF THE DAY: "Staff also reported "a culture of organisational denial" over years, where poor outcomes "were regularly dismissed as 'known complications". Ockenden added: "What the evidence shows is that at Nottingham, a toxic culture was allowed to take hold and was allowed to persist. A small number of powerful leaders described in both family and staff testimonies as having infected the unit, creating an environment in which bullying was normalised, speaking up was dangerous and governance was shaped by self protection, rather than patient safety."

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

PASSAGE THREE OF THE DAY: "The review team identified significant failures in post-death care, including concerns related to loss of dignity, poor mortuary processes, lack of effective identification systems and inappropriate communication. These failings led to avoidable and often long-term trauma for bereaved families at their most vulnerable time. Ockenden said one "very serious incident" involved the release of the wrong baby to a funeral director in 2022. Another incident outlined from 2019 said "one very early gestation baby was inadvertently disposed as clinical waste by laboratory staff after her post-mortem examination, resulting in a complete loss of dignity for the baby and significant distress to her parents"."

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

PASSAGE FOUR OF THE DAY: "The review set out a number of actions NUH must take to "directly address the failings identified". These include: Urgent improvements to risk management and monitoring; Strengthening escalation protocols, communication and safe transfer of care; Improve neonatal care by strengthening training to ensure signs of serious illness are identified; Standardising emergency care and reducing variation in practice, particularly in the management of postpartum haemorrhage Improving post-death care and bereavement processes. 

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

STORY: "Baby deaths and toxic culture - the Nottingham maternity report at a glance," by Gavin Bevins East Midlands), published by The BBC, on June 24, 2026.

GIST: "Hundreds of mothers and babies suffered potentially avoidable harm or died due to "deeply embedded systemic failures" at maternity units in Nottingham, a review led by senior midwife Donna Ockenden has concluded.

The inquiry - the largest of its kind in NHS history - found leaders at Nottingham University Hospitals (NUH) NHS Trust knew there were serious issues in its maternity department going back to "at least 2010", but failed to take action to prevent more harm and deaths.

Ockenden said she hoped her conclusions would "drive real and lasting change to maternity services in England".

Here are some of the main findings at a glance.

Hundreds of affected families

About 2,500 families and more than 800 members of staff contributed to the inquiry, which started in 2022.

Overall, experts concluded there were "potentially avoidable" outcomes for mothers and babies in 444 maternity cases leading up to May 2025, alongside 76 neonatal cases.

All these cases were graded as two or three for harm - with grade two representing "significant concerns" and grade three "major concerns" over care.

Different care may have altered the outcome for 260 babies, who died or were harmed, the review team told the BBC.

Of that number, 155 babies died while 105 suffered serious injury due to substandard care, with some left with permanent brain damage.

Multiple factors to blame

The review concluded the harm was rarely the result of a single issue or specific failing.

Experts found adverse outcomes were linked to multiple factors, including failures in the monitoring of babies, poor interpretation of heart monitoring, a failure to recognise babies were in distress during labour and a failure to escalate some cases to senior doctors.

Ockenden added many of the systems of oversight established for maternity care were "no longer fit for purpose".

And there was also a major criticism of the trust's workplace culture, which was described as "bullying and toxic" over several years.

Women in the middle of labour were told to "pull themselves together" - while another submission from a mother recalled being told to "wait their turn" as there were "other women they had to sort".

The review examined failings at maternity units run by Nottingham University Hospitals NHS Trust, which runs the Queen's Medical Centre (pictured)

Many of the problems detailed in the report have been known about at the trust since "at least 2010", Ockenden said.

These include insufficient staffing, and the inability of staff to carry out basic and often mandatory training.

Actions set down in the review "when implemented will drive improvement both within perinatal services at Nottingham University Hospitals NHS Trust and across England", she said.
Women and families were not listened to

Concerns were often dismissed or minimised, the review found, reducing opportunities to identify deterioration and intervene.

With antenatal care, women repeatedly described feeling unheard, inadequately informed and unsupported when expressing anxiety, particularly in relation to reduced foetal movements or emerging medical complications.

There was inadequate communication support for women whose first language was not English. Staff described racism and "racist attitudes towards black women labelled too loud, too demanding".


'Toxic' workplace culture stopped staff from speaking up


The review team described a "bullying and toxic culture" at the trust over years, with some staff members "specifically and consistently mentioned as forming intimidating cliques that were/are well known, but not confronted".

There was also a belief in the "Nottingham way" and "tribalism" among staff groups.

Leadership instability was a "major contributing factor" affecting the quality and safety of maternity services, the review found.

Between 2017 and 2021 there was "sustained turnover in senior maternity leadership positions" and senior operational roles.

One member of staff said "bad behaviours and toxic culture were normalised; people didn't even recognise it. [There were] entrenched ways of behaving that were unprofessional and cruel to women on labour ward".

Staff also reported "a culture of organisational denial" over years, where poor outcomes "were regularly dismissed as 'known complications".

Ockenden added: "What the evidence shows is that at Nottingham, a toxic culture was allowed to take hold and was allowed to persist. A small number of powerful leaders described in both family and staff testimonies as having infected the unit, creating an environment in which bullying was normalised, speaking up was dangerous and governance was shaped by self protection, rather than patient safety."

Post-death care failings made trauma worse

The review team identified significant failures in post-death care, including concerns related to loss of dignity, poor mortuary processes, lack of effective identification systems and inappropriate communication.

These failings led to avoidable and often long-term trauma for bereaved families at their most vulnerable time.

Ockenden said one "very serious incident" involved the release of the wrong baby to a funeral director in 2022.

Another incident outlined from 2019 said "one very early gestation baby was inadvertently disposed as clinical waste by laboratory staff after her post-mortem examination, resulting in a complete loss of dignity for the baby and significant distress to her parents".
How trust must improve

The review set out a number of actions NUH must take to "directly address the failings identified".

These include:
Urgent improvements to risk management and monitoring
Strengthening escalation protocols, communication and safe transfer of care
Improve neonatal care by strengthening training to ensure signs of serious illness are identified
Standardising emergency care and reducing variation in practice, particularly in the management of postpartum haemorrhage
Improving post-death care and bereavement processes."

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. 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. 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;

June 24: John Grisham; Robert Roberson: Shaken Baby Syndrome: (Junk Science); Martin CID Magazine (Writer Penelope H. Fritz) profiles, "John Grisham, the novelist who discovered that real death rows are darker than anything he invented,"..."In June 2026, Grisham published 'Shaken: The Rush to Execute an Innocent Man,' a nonfiction account of Robert Roberson, the Texas man on death row for over twenty years. The capital murder conviction that put him there was built on a shaken baby syndrome diagnosis that has since been discredited by the scientific and medical community. Grisham had already testified before the Texas legislature in October 2025 in an attempt to delay the execution. Shaken arrived with a first printing of 1.5 million copies."



PASSAGE OF THE DAY: "The knock on Grisham has always been exactly that: formula. Critics who wanted literary ambition found instead production-line plotting, functional prose, and a consistent reluctance to let the machinery win. What those critics missed was that the formula contains an argument. Every Grisham courtroom is rigged in some direction — against the poor, against the naive, against the honest, against whoever happens to be in the wrong building at the wrong time. That is not cynicism packaged for airports. It is a consistent worldview held by a man who observed the Mississippi legal system from the inside for a decade and drew the obvious conclusions."

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

STORY: "John Grisham, the novelist who discovered that real death rows are darker than anything he invented," by Penelope H. Fritz, published by MARTIN CID, on June 24, 2026. (Martin CID, an International magazine , explores history through research, primary sources, and narratives. It covers ancient to modern periods, examining figures, events, and their legacies. Content spans cultural and entertainment domains, including film, TV, art, music, and technology.) 'Penelope H. Fritz is a highly qualified and professional writer with an innate talent for capturing the essence of people through her profiles and biographies. Her words are eloquent and insightful, painting a vivid picture of her subjects and leaving readers captivated.'

GIST: "The story that became his first novel began in a Mississippi courthouse, not at a desk. Grisham was observing a trial — not his client, simply watching — when a young girl was required to describe on the stand what had been done to her. The system’s detachment from that testimony struck him as unbearable and worth writing about. He did not set out to build a franchise. He set out to write one book about what he had witnessed.

John Grisham grew up in Southaven, Mississippi, the second of five children born to a construction worker who moved the family across the rural South before settling near Memphis. He studied accounting before deciding that courtrooms interested him more than ledgers, and he finished law school at the University of Mississippi in 1981. He spent the next decade in small-town practice — criminal defense, personal injury cases, the everyday texture of Southern legal life — while also serving three terms in the Mississippi House of Representatives as a Democrat. Writing happened at the margins: five in the morning, before clients arrived.

The Firm changed everything and almost nothing. After the film rights sold for $600,000 before the book was even published, the story of a Harvard law graduate who discovers his prestigious new firm launders money for organized crime became the bestselling novel of 1991. Grisham left the law. What followed was a novel a year, every year, each one debuting at number one: The Pelican Brief (1992), The Client (1993), The Chamber (1994), The Rainmaker (1995), The Runaway Jury (1996). Hollywood adapted them as fast as publishers printed them — Julia Roberts and Denzel Washington, Tom Cruise, Susan Sarandon and Tommy Lee Jones, Matt Damon, Gene Hackman.

For a decade, Grisham occupied a position in American popular culture that no literary novelist has reached: reliably first on the bestseller list, reliably first at the multiplex. His books were airport fiction in the highest sense — read by people who rarely read and kept by people who read everything. The formula was real and genuine: a morally complicated protagonist enters a legal system designed to defeat them, and the reader is kept in motion by the sense that the machinery of justice might grind them down before the final page.

The knock on Grisham has always been exactly that: formula. Critics who wanted literary ambition found instead production-line plotting, functional prose, and a consistent reluctance to let the machinery win. What those critics missed was that the formula contains an argument. Every Grisham courtroom is rigged in some direction — against the poor, against the naive, against the honest, against whoever happens to be in the wrong building at the wrong time. That is not cynicism packaged for airports. It is a consistent worldview held by a man who observed the Mississippi legal system from the inside for a decade and drew the obvious conclusions.

The distance between the formula and genuine advocacy narrowed considerably with The Innocent Man (2006), Grisham’s first work of nonfiction. The book told the story of Ron Williamson, an Innocence Project client from Ada, Oklahoma, who spent eleven years on death row for a murder he did not commit, came within five days of execution, and was eventually exonerated by DNA evidence. Grisham had been on the Innocence Project’s board for years; The Innocent Man was the writing catching up with the work. His 2024 book Framed, co-written with Centurion Ministries founder Jim McCloskey, collected seven documented wrongful conviction cases without any thriller architecture — just recorded injustice, case by case.

In June 2026, Grisham published Shaken: The Rush to Execute an Innocent Man, a nonfiction account of Robert Roberson, a Texas man on death row for over twenty years. The capital murder conviction that put him there was built on a shaken baby syndrome diagnosis that has since been discredited by the scientific and medical community. Grisham had already testified before the Texas legislature in October 2025 in an attempt to delay the execution. Shaken arrived with a first printing of 1.5 million copies. His next novel, The French Illusion — an espionage thriller set in Paris, his first foray into the genre — is scheduled for September 2026.

He has been married to Renée Jones since 1981. They have two children and have lived for decades in Charlottesville, Virginia. Grisham coaches youth baseball and remains engaged with his faith, though his religious convictions have informed rather than directed his public advocacy, which stays anchored to documented evidence rather than moral argument alone.

Grisham once described himself as a lawyer who writes books, not a writer who used to practice law. The distinction sounds modest. It explains something real: the courtroom in his fiction has never been purely a dramatic device. It has always been a place where he observed something he could not stop thinking about. What he could not stop thinking about, across more than three decades and fifty books and 300 million copies sold worldwide, was the gap between how the American legal system presents itself and what it actually does to the people caught inside it. Shaken is out. The evidence keeps arriving.""

The entire story can be read at:

john-grisham

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. 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. 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;

Tuesday, June 23, 2026

June 23: Pedro Hernandez: New York. Major (Unwelcome) Development: The US Supreme Court has restored his conviction in the infamous murder of Etan Patz (reversing a lower court decision that likely would have required a new trial, CNN (Reporter John Fritz) reports, noting that: " (Etan) Patz disappeared on the morning of May 25, 1979, the first time his parents allowed him to walk by himself to his bus stop about a block away from his home in SoHo. The disappearance sparked a highly publicized search for the boy, and brought national attention to cases of missing children across the country after authorities put his image on thousands of milk cartons. His body was never found. The investigation into his disappearance stalled until 2012 when police learned that Pedro Hernandez, who had worked at a bodega near the bus stop, told his ex-wife and others that he had strangled a boy years earlier. He repeated the confessions to law enforcement and was later convicted of felony murder and kidnaping. He was sentenced to 25 years to life in prison. Hernandez’s lawyers said his confession was false and caused by mental illness."


BACKGROUND: (From a previous post of this Blog): July 24, 2025): "Hernandez confessed to police after about seven hours of questioning without being given Miranda warnings, which inform suspects about their rights, such as the right to a lawyer.  Immediately afterwards, Hernandez signed a Miranda waiver and detectives asked him to “tell us again exactly what you just told us before.”  In two criminal trials, Hernandez’s defense lawyers argued that he had given a false confession due to aggressive police questioning, mental illness and his low IQ.  During questioning, Hernandez took his medication, including a fentanyl patch, and told police he had been diagnosed with schizophrenia, bipolar disorder and other mental illnesses."

6719312292767903989

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

QUOTE OF THE DAY: "The Second Circuit exceeded its authority in holding that Hernandez is entitled to relief,” the Supreme Court said in an unsigned opinion Monday. “The panel’s opinion appears to reflect serious doubt about the reliability of Hernandez’s confessions, but (federal law) does not allow a federal habeas court to disturb a state-court conviction based on such an evaluation of the evidence.”

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

PASSAGE OF THE DAY: "Prosecutors in Manhattan appealed to the Supreme Court in December. “Retrial may pose ‘daunting difficulties’ given that the crime here occurred nearly fifty years ago and several of the already-elderly witnesses have died since the last trial in 2016,” they told the Supreme Court in their appeal. But attorneys for Hernandez said their client had been “wrongfully held in state custody for almost 14 years” and that the 2nd Circuit’s decision was based on the “straightforward application of this court’s precedent to the ‘extraordinary circumstances of this case."

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

STORY: "Supreme Court restores conviction in infamous murder of Etan Patz," by Reporter John Fritz, published by CNN, on June 22, 2026.

GIST: "The Supreme Court on Monday sided with New York prosecutors and declined to invalidate the conviction of a man who confessed to killing 6-year-old Etan Patz in 1979, reversing a lower court decision that likely would have required a new trial.

Patz disappeared on the morning of May 25, 1979, the first time his parents allowed him to walk by himself to his bus stop about a block away from his home in SoHo. The disappearance sparked a highly publicized search for the boy, and brought national attention to cases of missing children across the country after authorities put his image on thousands of milk cartons. His body was never found.

The investigation into his disappearance stalled until 2012 when police learned that Pedro Hernandez, who had worked at a bodega near the bus stop, told his ex-wife and others that he had strangled a boy years earlier. He repeated the confessions to law enforcement and was later convicted of felony murder and kidnaping. He was sentenced to 25 years to life in prison. Hernandez’s lawyers said his confession was false and caused by mental illness.

Hernandez filed for habeas corpus relief in federal court, challenging the way the trial judge responded to a question from the jury about his confessions. A federal district court denied the petition, but the New York-based 2nd US Circuit Court of Appeals reversed that decision and ordered Hernandez to be released or retried.

“The Second Circuit exceeded its authority in holding that Hernandez is entitled to relief,” the Supreme Court said in an unsigned opinion Monday. “The panel’s opinion appears to reflect serious doubt about the reliability of Hernandez’s confessions, but (federal law) does not allow a federal habeas court to disturb a state-court conviction based on such an evaluation of the evidence.”

The court’s three liberals — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — said they would have declined to upend a lower court’s decision. They did not explain their reasoning.

The judge’s response was “clearly wrong,” the 2nd Circuit said in its ruling, and “the error was manifestly prejudicial.” The question dealt with whether the jury “must disregard” subsequent confessions if it found that Hernandez’s confession before he was read his Miranda right was not voluntary. The judge responded that the answer was no, despite a 2004 Supreme Court holding that found similar policework unconstitutional.

Prosecutors in Manhattan appealed to the Supreme Court in December.

“Retrial may pose ‘daunting difficulties’ given that the crime here occurred nearly fifty years ago and several of the already-elderly witnesses have died since the last trial in 2016,” they told the Supreme Court in their appeal.

But attorneys for Hernandez said their client had been “wrongfully held in state custody for almost 14 years” and that the 2nd Circuit’s decision was based on the “straightforward application of this court’s precedent to the ‘extraordinary circumstances of this case.’”

New York District Attorney Alvin Bragg celebrated the ruling.

“Today the Supreme Court agreed with the findings of multiple lower courts and upheld the trial conviction of Pedro Hernandez for the horrific murder of Etan Patz, which changed a generation of New Yorkers,” Bragg said in a statement. “This office has remained steadfast in its pursuit of justice for Etan and the Patz family and will continue to stand by this important conviction.""


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.  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. 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;



Monday, June 22, 2026

June 22: Deborah Nicholls: Colorado: Suppression of scientific evidence: Question of the day: On May 5, a court ruled that prosecutors had suppressed scientific evidence contradicting its theory of arson in Deborah Nicholl's murder trial in the deaths of three children, trial, as KKTV reported (Link Below): So, why is she remaining in prison for now?...Following the hearing, Nicholls’ other defense attorney, Janene McCabe, offered a statement: “Deb didn’t get a fair trial, but now rather than moving forward she is stuck due to procedure and technicalities,” McCabe said. “We believe in Deb and we will not give up fighting for her and getting her home where she belongs.” Nicholls is due back in court in mid July. The judge said he could issue an order addressing the legal questions before that next hearing.":



BACKGROUND: "COLORADO SPRINGS, Colo. (KKTV) - "On April 28, the El Paso County District Court ruled that the prosecution suppressed scientific evidence contradicting its theory of arson in Deborah Nicholls’ trial. The court concluded that the issues could have changed the outcome of her 2008 trial. That is called a Brady violation, which undermines an individual’s right to a fair trial. The case goes back to a house fire in 2003, which killed 11-year-old Jay, 5-year-old Sophia, and 3-year-old Sierra. Five years later, the children’s parents, Deborah and Timothy Nicholls, were convicted and sentenced to life in prison. Deborah Nicholls appealed her conviction, but the Colorado Supreme Court decided to let it stand in 2017. According to a press release from McCabe Law on Wednesday, the prosecution’s case centered on the claim that laboratory testing showed accelerants in fire debris, on the children’s pajamas, and on the clothing of their father. Wednesday’s release argued that the Colorado Bureau of Investigation’s analysis in 2003 found no ignitable liquids but that evidence was not shared. McCabe Law said the prosecution also suppressed an email from the prosecutor, acknowledging that the sole testifying lab analyst was swayed in his report by a can of Goof Off submitted with the samples. “This ruling confirms what we have argued for years: there was no reliable scientific evidence of arson,” wrote Janene McCabe. “The jury that convicted Deborah Nicholls never heard from the government’s own analyst, who agreed with our expert that no ignitable liquid was ever confirmed in this case. That is a fundamental denial of justice.” McCabe’s team argued that other parts of the prosecution’s case were biased by the lack of contradicting information. That includes fire investigators, who testified that arson was the cause because they believed laboratory evidence confirmed the present of an accelerant. Kathleen Lord with the University of Colorado’s Korey Wise Innocence Project wrote “Deborah Nicholls has spent more than eighteen years in prison because the government hid evidence that could have set her free.” Nicholls’ defense team said they will work toward her full exoneration. A status heading is schedule for 10 a.m. on May 27. 11 News has interviewed Nicholls about the case before. That coverage is available here. We have requested information related to the April 28 hearing."

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

PASSAGE OF THE DAY:  "Deborah Nicholls appeared in El Paso County District Court on Thursday, where discussion continued over how to proceed after an April ruling found scientific evidence had been withheld during her original trial. Nicholls and her husband Timothy are serving life sentences for the deaths of their children who died in a fire at the family’s Colorado Springs home more than 20 years ago. In April, an El Paso County District Court judge determined that evidence related to the fire investigation had not been disclosed to the defense during Nicholls’ 2008 trial. After that ruling, the El Paso County District Attorney’s Office filed an appeal and asked that Nicholls’ case be set for a new trial. But during Thursday’s hearing, the judge said the prosecution’s appeal was “premature,” prompting legal questions about whether the court currently has jurisdictional authority to vacate the conviction."

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

POST: "Judge holds off on vacating Colorado Springs mother’s murder conviction for now despite agreement from both sides," by Reporter Melissa Henry, published by KKTV, on June 18, 2026. (While in North Carolina, she worked as the Jacksonville Bureau Chief, covering a lot of military and coastal news-- Including two hurricanes. She's excited to have made the cross-country move, trading Atlantic beaches for the front range! Growing up in the Chicago suburbs, Melissa attended her local community college for two years and joined their speech and debate team. In 2016, she received two medals at the Phi Rho Pi National Forensics Organization competition for her informative and persuasive speeches. It was through speech team that Melissa found her love for research, writing, and communicating.)

GIST: "A Colorado Springs mother convicted of murder in the deaths of her three children will remain in prison for now, despite both prosecutors and defense attorneys agreeing her conviction should be thrown out and a new trial ordered.

Deborah Nicholls appeared in El Paso County District Court on Thursday, where discussion continued over how to proceed after an April ruling found scientific evidence had been withheld during her original trial.

Nicholls and her husband Timothy are serving life sentences for the deaths of their children who died in a fire at the family’s Colorado Springs home more than 20 years ago.

In April, an El Paso County District Court judge determined that evidence related to the fire investigation had not been disclosed to the defense during Nicholls’ 2008 trial. After that ruling, the El Paso County District Attorney’s Office filed an appeal and asked that Nicholls’ case be set for a new trial.

But during Thursday’s hearing, the judge said the prosecution’s appeal was “premature,” prompting legal questions about whether the court currently has jurisdictional authority to vacate the conviction.

Those procedural issues were the focus of Thursday’s hearing, with defense attorney Kathleen Lord arguing Nicholls’ case is now stalled because of unresolved technicalities. Lord suggested the Colorado Supreme Court may weigh in and provide guidance. The judge indicated he would follow any direction issued by the state’s highest court.

Following the hearing, Nicholls’ other defense attorney, Janene McCabe, offered a statement:

“Deb didn’t get a fair trial, but now rather than moving forward she is stuck due to procedure and technicalities,” McCabe said. “We believe in Deb and we will not give up fighting for her and getting her home where she belongs.”

Nicholls is due back in court in mid July. The judge said he could issue an order addressing the legal questions before that next hearing.""

The entire story can be read at:

https://www.kktv.com/2026/06/18/judge-holds-off-vacating-colorado-springs-mothers-murder-conviction-now-despite-agreement-both-sides/


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.  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. 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;

Sunday, June 21, 2026

Source: Hiromu Sakahara; Japan: Major (Welcome) Development: Prosecutors say they will offer no evidence of guilt in the recently ordered posthumous retrial on his conviction of robbing and murdering a woman in 1984, paving the way for his acquittal, in the first such retrial in postwar Japan involving a finalized death or life sentence, The Mainichi reports..."Sakahara died of illness aged 75 in 2011 while serving a life term for the alleged killing of 69-year-old liquor store manager Hatsu Ikemoto in Hino, a city in the same prefecture, and stealing her cash box. A regular customer at the store, Sakahara was indicted after making a confession during voluntary questioning. He later maintained his innocence at trial, arguing that investigators had pressured him into confessing. Sakahara's family and lawyers had been calling for the retrial to begin promptly. The district court approved reopening the trial in July 2018 after newly disclosed photo negatives showing him leading investigators to the site where the victim's body was found raised doubts about the reliability of his confession."


QUOTE OF THE DAY: "

"Sakahara's 65-year-old son, Koji, who took over the fight for a retrial after his father died 15 years ago, welcomed the development. "I am relieved. I hope we can receive an acquittal soon," he said at a press conference."

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

PASSAGE OF THE DAY: "Due to prosecutors twice appealing the district court's approval, it took more than seven years for the retrial decision to be finalized by the Supreme Court in February this year. The retrial comes as Japan's parliament is expected to pass a bill during its current session that would, in principle, prohibit prosecutors from appealing court decisions granting retrials."

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

STORY: " KYODO: Prosecutors to offer no evidence of guilt in 1984 murder retrial," published by The Mainichi, on June 19, 2026.

GIST: "Prosecutors said Friday they will offer no evidence of guilt in the posthumous retrial of a man convicted of robbing and murdering a woman in 1984, paving the way for his acquittal, in the first such retrial in postwar Japan involving a finalized death or life sentence.

The Otsu District Public Prosecutors Office disclosed its stance after the third meeting involving judges, prosecutors and defense lawyers to prepare for the retrial of Hiromu Sakahara at the Otsu District Court in Shiga Prefecture.

The office said in a statement after the meeting that it had decided neither to argue Sakahara was guilty nor present new evidence after closely reviewing the case records. It also said it wants the court to set a trial date promptly and make an appropriate judgment.

Sakahara's 65-year-old son, Koji, who took over the fight for a retrial after his father died 15 years ago, welcomed the development. "I am relieved. I hope we can receive an acquittal soon," he said at a press conference.

Sakahara died of illness aged 75 in 2011 while serving a life term for the alleged killing of 69-year-old liquor store manager Hatsu Ikemoto in Hino, a city in the same prefecture, and stealing her cash box.

A regular customer at the store, Sakahara was indicted after making a confession during voluntary questioning. He later maintained his innocence at trial, arguing that investigators had pressured him into confessing.

Sakahara's family and lawyers had been calling for the retrial to begin promptly. The district court approved reopening the trial in July 2018 after newly disclosed photo negatives showing him leading investigators to the site where the victim's body was found raised doubts about the reliability of his confession.

Due to prosecutors twice appealing the district court's approval, it took more than seven years for the retrial decision to be finalized by the Supreme Court in February this year.

The retrial comes as Japan's parliament is expected to pass a bill during its current session that would, in principle, prohibit prosecutors from appealing court decisions granting retrials.

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.  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. 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;

June 21: Iwao Hakamada: Japan: Hiroaki Murayama, a judge who ordered his 'retrial' has called for reform of his country's highly restrictive "retrial' system - citing the Iwao Hakamata case, which he says 'changed his view of life as a judge' - as has Iwao Hakamata's sister Hideko Hakamata, 93, who has also called for reform, and never gave up in her long fight to save her younger brother, Iwao Hakamata, and also gave her opinion at the committee. “I do not think only Iwao should be saved. Please ensure there are no loopholes in this bill,” she said."



BACKGROUND:  "The rare post-humous 'retrial' granted recently to Hiromu  Sakahara has once again, focused attention on Japan's  existing 'retrial' system, under which it is almost impossible to remedy a miscarriage of justice,  even for a death sentence as in the Iwao Hakamata case  which is mentioned  in this post under the heading,
"Judge who ordered retrial for Hakamata  (commonly referred to as 'The Eastern Rubin Hurricane Carter HL) calls for reform,"  As noted in a previous post of this  Blog (October 8, 2024): "The prosecution has announced that it will not appeal the recent ruling by the Shizuoka District Court, which acquitted Iwao Hakamada, who had been sentenced to death for a 1966 murder case involving a family of four. This decision solidifies Hakamada's acquittal. In the case, which dates back to June 1966, the bodies of four family members from a miso manufacturing company in Shizuoka Prefecture were discovered. Hakamada, now 88, was arrested and indicted, with the death sentence confirmed in 1980. Hakamada, who maintained his innocence, was granted a retrial in 2014 and released after nearly 48 years in prison. During the retrial, which started in October of last year at the Shizuoka District Court, prosecutors once again sought the death penalty, while the defense argued that investigators had fabricated several pieces of evidence to frame Hakamada. The court sided with the defense, ruling on September 26 that some of the evidence used for conviction had indeed been fabricated, resulting in Hakamada’s acquittal."


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

QUOTE  OF THE DAY: "Attorney Hiroaki Murayama was summoned to the Lower House Judicial Affairs Committee on that day to offer his opinions on the matter. Murayama was the presiding judge at the Shizuoka District Court in 2014 who granted a retrial to Iwao Hakamata, now 90. Hakamata, who had spent decades on death row, was acquitted of the murder charges in the retrial in 2024. “Working on Mr. Hakamata’s case changed my view of life as a judge,” Murayama said at the Diet committee. “Although many judges were involved, they failed to correct the erroneous guilty verdict. Based on that reflection, I have been committed to reforming the retrial law.”

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

PASSAGE OF THE DAY: "Drawing on his experience as a judge, Murayama said he most strongly emphasizes the need to change “evidence disclosure” rules. Under the current system, defense lawyers must submit “clear new evidence that should lead to a not guilty verdict” to open the door to a retrial. Lawyers have complained that prosecutors may be in possession of such evidence, but the defense team may not know about such evidence if it is not submitted at trial."

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

STORY: "Judge who ordered retrial for Hakamata calls for reform," published by The Asahi Shinbum, on June 10, 

GIST: "Lawmakers seeking to close loopholes and speed up the legal process to protect victims of wrongful convictions received favorable testimony from two figures at the forefront of correcting an infamous miscarriage of justice.

Representatives of the Centrist Reform Alliance (Chudo) and the Democratic Party for the People (DPP) on June 9 agreed to seek revisions of the government’s proposed bill on the retrial system, including easing the rules on evidence disclosure.

However, the government and ruling parties have opposed the changes pushed by the opposition parties.

Attorney Hiroaki Murayama was summoned to the Lower House Judicial Affairs Committee on that day to offer his opinions on the matter.

Murayama was the presiding judge at the Shizuoka District Court in 2014 who granted a retrial to Iwao Hakamata, now 90.

Hakamata, who had spent decades on death row, was acquitted of the murder charges in the retrial in 2024.

“Working on Mr. Hakamata’s case changed my view of life as a judge,” Murayama said at the Diet committee. “Although many judges were involved, they failed to correct the erroneous guilty verdict. Based on that reflection, I have been committed to reforming the retrial law.”

Hakamata’s ordeal led in part to the government-proposed bill to amend the Code of Criminal Procedure and reform the retrial system.

However, the bill has been criticized, even within the ruling Liberal Democratic Party, as woefully insufficient in reducing prosecutors’ powers, which have been blamed for the delays in starting retrials.

Drawing on his experience as a judge, Murayama said he most strongly emphasizes the need to change “evidence disclosure” rules.

Under the current system, defense lawyers must submit “clear new evidence that should lead to a not guilty verdict” to open the door to a retrial.

Lawyers have complained that prosecutors may be in possession of such evidence, but the defense team may not know about such evidence if it is not submitted at trial.

The government’s bill would introduce a system allowing courts to order prosecutors to submit evidence that was not disclosed in the original trial that led to a guilty verdict.

However, strict requirements exist under the bill, such as proving relevance to the grounds for requesting a retrial.

Murayama said that in cases leading to retrials, the defense side is inevitably best positioned to assess the value of evidence and should be allowed to directly examine a broad range of such materials.

He argued that provisions are needed to allow judges to order evidence disclosure without being constrained by strict relevance requirements.

The Justice Ministry said during the Diet deliberations that courts can “recommend” that prosecutors submit evidence, as they can under the existing law, even for items not covered by the proposed new submission order system.

“The existing practical operation is not being denied,” a ministry official said.

However, Murayama warned that such recommendations lack legal binding and that “prosecutors may resist” submitting even evidence that had previously been disclosed.

After the committee session, lawmakers from Chudo and the DPP compiled three proposed revisions to the evidence disclosure rules.

They are: creating a provision that allows courts to order direct disclosure of important evidence to the defense side; creating a provision to require prosecutors to provide a list of evidence; and deleting a provision in the government’s bill that prohibits the use of disclosed evidence for unrelated purposes.

Regarding the last revision, the lawmakers suggested allowing courts to impose restrictions depending on the content instead of issuing a blanket prohibition.

They plan to seek support from Sanseito, which holds seats on the Judicial Affairs Committee.

SISTER’S TESTIMONY

Hideko Hakamata, 93, who never gave up in her long fight to save her younger brother, Iwao Hakamata, also gave her opinion at the committee.

“I do not think only Iwao should be saved. Please ensure there are no loopholes in this bill,” she said.

Iwao was convicted of multiple murders in Shizuoka Prefecture in the 1960s. It took him 58 years to clear his name in the 2024 retrial.

But during his 48 years behind bars, he developed mental illnesses.

“Why did it take so long?” his sister asked the lawmakers. “I believe it is because there are flaws in the law.”

The evidence that led to Hakamata’s acquittal was disclosed 29 years after his first request for a retrial.

“Thanks to evidence disclosure, Iwao is alive today. Fair trials should be conducted with all evidence, both favorable and unfavorable, fully disclosed,” she said.

GOVERNMENT REFUSES TO BUDGE

The LDP and coalition partner Nippon Ishin (Japan Innovation Party) currently hold more than two-thirds of the seats in the Lower House, but they fall four seats short of a majority in the Upper House.

For this reason, the government and ruling parties have been urging leaders of the DPP to support the government bill.

However, DPP leader Yuichiro Tamaki has withheld his backing of the bill.

“At this point, we are not in a position to approve it,” he said at a news conference on June 9. “We want to seek further action from the government, including amendments to the bill and clearer explanations.”

DPP officials have been negotiating with the government and ruling parties to revise the bill, but there has been no progress so far, sources said.

The government and ruling parties aim to pass the bill in the Lower House by mid-June.""

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.  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. 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;