Sunday, October 1, 2023

Kristina Kerlus: Las Vegas; '13 Investigates': (Chief Investigative Reporter Darcy Spears) reports that she lost her baby and then then her freedom after being wrongfully accused in a shaken baby syndrome case…"Nine months after losing her baby, Kerlus lost her freedom when she was arrested and charged with murder for shaking Jocai so violently that it led to his death. "I have zero faith in the justice system. It's a joke to me," she said. Child Protective Services took Kerlus and Davis's other three children, placing them in their aunt's care. "I was falsely accused! For four years, my children were removed from me! I couldn't find work," Kerlus told 13 Investigates."


PASSAGE OF THE DAY: "Jocai's death was ruled a homicide due to blunt force head and neck trauma. "That's the first thing they do is just zero in on child abuse without even doing further research," Kerlus said, "without even considering other options." Helmick did that research, which included "a much deeper dive into this baby's death than the Clark County Coroner's office ever did." Pediatric forensic pathology expert Dr. Evan Matshes evaluated the same evidence the coroner's office had. "What's really interesting and important to this case is this piece of evidence," said Matshes, pointing to a slide. "Outlined in here is a very large, dilated and dead blood vessel which died while Jocai was still alive and ruptured, resulting in this bleeding. It's died because it's fully clotted off with sickled cells." The CDC says sickled cells "become hard and sticky... And they get stuck in small blood vessels.” "Red blood cells, and that's what we're looking at, should be shaped like a double-sided disc," said Matshes. "They usually have two dimples in the middle. And his are like ellipses, like sickles. You don't expect most Sickle Cell Trait people to develop sickling, but he has. And it's widespread.""How did the coroner not see this?" Kerlus asked. "His Sickle Cell was everywhere in all his blood slides."


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PASSAGE TWO OF THE DAY: "13 Investigates worked to help fix at least one system failure. After a 10-month delay, the Clark County Coroner's Office gave Kristina the amended autopsy report. The county produced it on Tuesday after learning we were investigating. The amendment changes the cause and manner of death. Instead of trauma and homicide, it now says "undetermined." Had that been the case initially, it's quite possible Kerlus would never have been charged."


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STORY: "She lost her baby, then her freedom: Las Vegas mother wrongfully accused in shaken baby syndrome case,"  by  KTNV Chief Investigative Reporter Darcy Spears, published by KTNV, on September 26, 2023.

GIST: "On the wall of Kristina Kerlus' apartment hangs a canvas print of a heartbeat she'll never hear again, plaster casts of tiny hands she'll never hold, and a face relegated to photographs.

On lucite, she reads from a diagram of what the galaxy looked like on the night her youngest son was born.


"And it says, 'Flying high and dangling bright... My guiding star, my shining light,'" Kerlus reads.


Jocai Davis lived for less than 12 weeks. The flowers on his funeral wreath are now far older than the life they memorialize.


To understand his death, we have to go back to the last days of his life.


Oct. 4, 2018 was a normal day full of smiles, songs, cartoons and naps.


The next morning, Kerlus says, "I was at work and his dad (Jaevon Davis) called me and was like, 'He's not breathing.'"


Davis called 911, started CPR, and then Jocai was rushed by ambulance to Summerlin Hospital.

"I just kept clinging onto faith and hope that he was going to wake up," Kerlus said.


He was transferred to University Medical Center, put on life support, and died two days later.


Barely able to get out the words, Kerlus says, "There's no greater pain than losing a child. Losing a child is like losing yourself. You lose the ability to breathe."


Nine months after losing her baby, Kerlus lost her freedom when she was arrested and charged with murder for shaking Jocai so violently that it led to his death.


"I have zero faith in the justice system. It's a joke to me," she said.


Child Protective Services took Kerlus and Davis's other three children, placing them in their aunt's care.


"I was falsely accused! For four years, my children were removed from me! I couldn't find work," Kerlus told 13 Investigates.


Las Vegas attorney Ryan Helmick represented Kerlus in court.


"The first event that stood out to me was, I believe, the rush to judgment by the doctors at the hospital in that they immediately assumed it was abuse, and so they called the detectives," Helmick said.


He explained that police first questioned Kerlus and Davis at the hospital, "in the same room where the baby is basically fighting for his life — and they're trying to interview her at the same time. I think that was totally improper, totally uncalled for."


Helmick said detectives honed in on one photo of Jocai from the night before he was rushed to the hospital, "In his Boppy (an infant support pillow), asleep, with his head down in what they say is an awkward position."


That, combined with the Clark County Coroner's autopsy findings, led to Kerlus's arrest.


"When we saw that it was ruled a homicide, we were shocked beyond belief," Helmick said.


Jocai was born with Sickle Cell Trait which, according to the Centers for Disease Control and Prevention, affects one in 12 Black Americans. People with Sickle Cell Trait typically don't have any symptoms, but in rare cases, they can experience complications of the life-threatening disease.


The autopsy noted Sickle Cell Trait but also found bleeding in the brain, spinal cord, and behind the eyes — which can be symptoms of shaken baby syndrome.


Jocai's death was ruled a homicide due to blunt force head and neck trauma.


"That's the first thing they do is just zero in on child abuse without even doing further research," Kerlus said, "without even considering other options."


Helmick did that research, which included "a much deeper dive into this baby's death than the Clark County Coroner's office ever did."


Pediatric forensic pathology expert Dr. Evan Matshes evaluated the same evidence the coroner's office had.


"What's really interesting and important to this case is this piece of evidence," said Matshes, pointing to a slide. "Outlined in here is a very large, dilated and dead blood vessel which died while Jocai was still alive and ruptured, resulting in this bleeding. It's died because it's fully clotted off with sickled cells."


The CDC says sickled cells "become hard and sticky... And they get stuck in small blood vessels.”


"Red blood cells, and that's what we're looking at, should be shaped like a double-sided disc," said Matshes. "They usually have two dimples in the middle. And his are like ellipses, like sickles. You don't expect most Sickle Cell Trait people to develop sickling, but he has. And it's widespread."


"How did the coroner not see this?" Kerlus asked. "His Sickle Cell was everywhere in all his blood slides."


13 Investigates tried to ask that of Dr. Jennifer Corneal, who conducted Jocai's autopsy. She has since left the Clark County Coroner's office. Via email, she said she had no comment.


Matshes found evidence of sickling throughout Jocai's entire body, concluding the baby died of natural causes.


As a result, the state's case came to a halt last December.


In court, Chief Deputy District Attorney Michelle Jobe told District Judge Carli Kierny, "Your honor, based on further investigation, the State does not believe it can prove the elements of the criminal charges beyond a reasonable doubt, therefore the state is voluntarily dismissing this case."


But the dismissal was without prejudice — meaning the state could re-file charges in the future.

Helmick tried to argue against that, telling the judge, "The medical aspect of this case is not going to change, period, because that's what it is. If it's without prejudice, she has this gray cloud that's still going to hang over her head for the rest of her life, because we don't know if this charge will ever come back."


"I don't make the charging decisions," responded Judge Kierny. "The state gets to decide when and how they prosecute cases. You have obtained a pretty miraculous result already with them agreeing to dismiss it voluntarily.”


They tried one more time at a hearing in February of this year. The D.A. wouldn't budge and neither would the judge.


"All I will say is that the state has done exactly what it should do," Jobe said in court.


Judge Kierny said to Helmick, "While I understand where you're coming from and I do feel for you guys, there's just nothing that allows me to grant this motion, and so it is denied."


"They tried so hard to break me," said Kerlus, through tears. "The justice system tried so hard to break me."


13 Investigates worked to help fix at least one system failure.


After a 10-month delay, the Clark County Coroner's Office gave Kristina the amended autopsy report. The county produced it on Tuesday after learning we were investigating.


The amendment changes the cause and manner of death. Instead of trauma and homicide, it now says "undetermined."


Had that been the case initially, it's quite possible Kerlus would never have been charged.


13 Investigates has learned there are many cases across the country where medical personnel and law enforcement drew conclusions about abuse and falsely accused parents of hurting their children, and it isn't limited to shaken baby syndrome.


As our investigation continues, we'll examine those cases, some of which landed parents or caregivers in prison for crimes they did not commit."


The entire story can be read at: 


PART ONEShe lost her baby, then her freedom: Las Vegas mother wrongfully accused in shaken baby syndrome case


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

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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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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Ray Krone: Arizona: Fox News Reporter Chris Eberhar interview of the man convicted of murder and sexual assault of Kim Ancona, whose body was found in a Phoenix bar late December 1991, based solely on bite marks, now considered fringe evidence that can only exclude suspects…"More than 10 years after Ancona was killed, Krone was exonerated at the age of 45 using DNA testing, which was relatively new at the time. It matched a convicted sex offender named Kenneth Phillips. Phillips was on parole at the time of the murder and ultimately took a plea deal, which was a relief to Krone, so Ancona's mother wouldn't have to go through another gut-wrenching trial of staring at disturbing crime scene photos. Krone's case is one of the most infamous true-crime cases in both Arizona and Pennsylvania, where he was from, and an example of a flawed judicial system – particularly death row, considered "society's worst of the worst." He was the 100th death row inmate exonerated since the U.S. reinstated capital punishment in 1976."


QUOTE  OF THE DAY:  "Krone still cringes at the "Snaggletooth Killer" nickname. He said it was part of the justification to put him to death. "They can't kill a man, they have to kill a monster," he said. "So, they called me the ‘Snaggletooth Killer.’”


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PASSAGE OF THE DAY: "He was taken off death row after he lost his second trial in 1996 and sentenced to life in prison.  That was the first time DNA evidence was introduced in his case, but the jury sided with a paid specialist who talked about the bite marks."


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PASSAGE  TWO OF THE DAY: "There have been at least 95 more death row inmates exonerated and freed since Krone in 2002, according to Death Penalty Information Center. Less than two weeks ago, Glynn Simmons was exonerated after being sentenced to death in Oklahoma in 1975 for the murder of Carolyn Sue Rogers. He was on death row almost 50 years."


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STORY: "'Snaggletooth Killer' who never killed had heartbreaking moment with victim's mother," by Reporter Chris Eberhart, published by Fox News, on September 24, 2023.


GIST: The "Snaggletooth Killer" never killed anyone, yet he was forced to survive three years of solitude on death row, where he was held in a 6-by-8-foot concrete cell with virtually no human interaction in the Arizona desert.


Ray Krone was convicted of murder and sexual assault of Kim Ancona, whose body was found in a Phoenix bar late December 1991, based solely on bite marks, now considered fringe evidence that can only exclude suspects.


Krone, now 66, was overwhelmed by emotions as he fought back tears during Friday's interview with Fox News Digital as he replayed the moment the judge slammed the gavel and said the words, "You're free to go," after he was exonerated.


Ancona's mother was in the courtroom that day in April 2002, and he could still see her hobbling over to him with her cane, tears in her eyes.


"Here she was, a frail lady, walking up to me in tears and said, ‘Mr. Krone, I just want to apologize. I’m sorry for what happened to you. I know what it's like to lose someone. I lost my daughter, and your mom lost you for 10 years. Please forgive me. I just believed what they told me.'"


Krone fought back his own tears while he relived this moment.


"I said, ‘Ma’am, it's not necessary. Just as you said. You believed what they told you,'" Krone said.


"I said, ‘This is my first opportunity to actually offer my condolences.’”


Her forgiveness was like another knife pulled out of his back, Krone said.


"That stabbing pain wasn't there anymore, or that throbbing sensation of how do I fix this? I'll never make it right. We were able to make it right," he said.


More than 10 years after Ancona was killed, Krone was exonerated at the age of 45 using DNA testing, which was relatively new at the time. It matched a convicted sex offender named Kenneth Phillips.


Phillips was on parole at the time of the murder and ultimately took a plea deal, which was a relief to Krone, so Ancona's mother wouldn't have to go through another gut-wrenching trial of staring at disturbing crime scene photos.


Krone's case is one of the most infamous true-crime cases in both Arizona and Pennsylvania, where he was from, and an example of a flawed judicial system – particularly death row, considered "society's worst of the worst."


He was the 100th death row inmate exonerated since the U.S. reinstated capital punishment in 1976.


"It's not the worst of the worst. I'm not the worst of the worst, and I was there for three years," said Krone, who met someone else who was "on the row" for signing a confession, even though he couldn't read or write.


Krone still cringes at the "Snaggletooth Killer" nickname. He said it was part of the justification to put him to death.


"They can't kill a man, they have to kill a monster," he said. "So, they called me the ‘Snaggletooth Killer.’”


Despite the derogatory, monstrous image it evokes for those who never met Krone, he was — and still is — a religious man, a practicing Lutheran. He read the Bible front to back multiple times and marked some stories down with the word, "Hope," or listed specific Bible verses to keep him going.


Growing up, he was in church nearly every Sunday with his family, except for the six years he was active duty in the Air Force.


The Bible and the unwavering support from his family and local community, who believed he was innocent, kept him going, he said.


He remembered receiving a letter from his grammar school English teacher, who expressed her support. They wrote back and forth, and he even joked that she corrected his grammar mistakes.


Without that love and the Bible, he said, he would have lost his mind, and "people have lost their minds because of the lack of contact," Krone said.


"Death row in Arizona was isolation. You didn't have physical contact with any other inmates. You never left your cell without being strip searched and shackled at the waist and shackled at the ankles to guards who take you away wherever you went," he said.


And his cell was so small he could just about touch it end to end. There was a mattress, a blanket and no air conditioning.


 His pillow was a towel rolled up around his sneaker, and guards purposely let food get cold before serving the inmates, he said.


"In the summertime, you'd wet the floor and lay down there on your sheet you know to stay cool," Krone said.


Only during rec time, which was in a small, boxed-in area with 10-foot hurricane fencing, could he talk to someone through ventilation ducts, he said.


He was taken off death row after he lost his second trial in 1996 and sentenced to life in prison. 


That was the first time DNA evidence was introduced in his case, but the jury sided with a paid specialist who talked about the bite marks.


In 2002, Krone was finally a free man.


"It was April 8, 2002, and I got called over the counselor's office," Krone said. "He said, ‘Hey, your attorney (is) on the phone.”


Krone said he was confused. His lawyer was asking him what he wanted to eat.


"What do you want? Steak? Seafood? Mexican food? A beer? What do you like?"

"I said, ‘What the devil are you talking about?’" said Krone, who paused to compose himself. "He said, 'You're coming home today. Roll up, Ray. It's all over.'"


Krone had "cautious optimism."

"I still had to go in front of the judge, and we didn't know what the prosecution was going to do," he said.


"We still had things to worry about. Were they going to lock me up in county jail for God knows what to drag it out, hoping something went wrong, or maybe Kenneth Phillips would lie and say I was with him.”


None of his anxieties came true.


 The judge said he was a free man, and he hugged his family and friends, who traveled from Pennsylvania to Arizona for that moment.


The judge's gavel slammed April 24, 2002, the same day Krone spoke to Ancona's mom for the first time.


For the last two decades, Krone has turned his life into a motivational beacon by talking to schools and groups of people as part of his dedication to Witness to Innocence, a nonprofit that helps exonerated death row inmates, and a local Pennsylvania group that advocates for the abolition of the death penalty.


He started the group in 2005 with Helen Prejean, the nun who wrote "Dead Man Walking."


He's spoken in front of the United Nations, government officials and in countless state capitols to stress there are mistakes in death row cases, personally helped other death row survivors and made an impact on people's lives.


His story is the topic of a recently released documentary that aired on Investigation Discovery.


He remembers one young man in particular who waited back to talk to Krone one on one to tell Krone his story inspired him to go to law school.


"He said, ‘Excuse me, Mr. Krone. You probably don’t remember speaking in my high school years ago, but I wanted to introduce you to my mom and tell you you're the reason I'm going to law school,'" Krone said.


"I've been fortunate enough to have people come up to me like that and said I made a difference. That's all I want is to make a difference in someone's life."


There have been at least 95 more death row inmates exonerated and freed since Krone in 2002, according to Death Penalty Information Center.


Less than two weeks ago, Glynn Simmons was exonerated after being sentenced to death in Oklahoma in 1975 for the murder of Carolyn Sue Rogers. He was on death row almost 50 years."


The entire story can be read at:


'Snaggletooth Killer' who never killed had heartbreaking moment with victim's mother


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Read the National Registry of Exonerations entry at:


https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3365


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PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;

—————————————————————————————————


FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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Kristina Kerlus: Las Vegas: '13 Investigates'; It sets out to expose justice system failures that tear families apart, with a focus on her case, in a story headed, 'Legal deck stacked against parents falsely accused of murdering their children.'…"This case, to me, is the most tragic, unjust case I've ever had," said Las Vegas Defense Attorney Ryan Helmick, who represented Kristina. "It didn't make sense factually from the beginning at all. I felt like it was rubber-stamped, so to speak." Helmick was able to get the case dismissed after Pediatric Forensic Pathologist Dr. Evan Matshes found what he called a clear-cut medical cause for Jocai's death. Looking at a slide, Dr. Matshes describes, "A very large, dilated and dead blood vessel which died while Jocai was still alive and ruptured, resulting in this bleeding. It's died because it's fully clotted off with sickled cells." Jocai--born with Sickle Cell Trait--had died a natural death from complications of Sickle Cell Disease. Dr. Matshes used the same medical evidence the Clark County Coroner used but saw what they failed to see."



Kristina Kerlus: Las Vegas: '13 Investigates'; It sets out to expose justice system failures that tear families apart, with a focus on her case, in a story headed, 'Legal deck stacked against parents falsely accused of murdering their children.'…"This case, to me, is the most tragic, unjust case I've ever had," said Las Vegas Defense Attorney Ryan Helmick, who represented Kristina. "It didn't make sense factually from the beginning at all. I felt like it was rubber-stamped, so to speak."  Helmick was able to get the case dismissed after Pediatric Forensic Pathologist Dr. Evan Matshes found what he called a clear-cut medical cause for Jocai's death.  Looking at a slide, Dr. Matshes describes, "A very large, dilated and dead blood vessel which died while Jocai was still alive and ruptured, resulting in this bleeding. It's died because it's fully clotted off with sickled cells."  Jocai--born with Sickle Cell Trait--had died a natural death from complications of Sickle Cell Disease.  Dr. Matshes used the same medical evidence the Clark County Coroner used but saw what they failed to see."
QUOTE  OF THE DAY:  "Kristina's lost years, lost time with her other children, lost job and lost freedom has happened to many other parents accused of hurting their children after medical personnel and law enforcement drew conclusions about abuse. "We shouldn't be scared to take our children to the hospital," said Kristina. "There are so many medical conditions that mimic Shaken Baby Syndrome but they don't do their research! They don't care!"

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PASSAGE OF THE DAY: "In 2015, Northwestern University's Medill Justice Project found prosecutors had used Shaken Baby Syndrome diagnoses to charge at least 3,000 people with abuse or murder. In 2021, the National Institutes of Health published this study of U.S. court cases, identifying 49 shaken baby syndrome criminal convictions that were overturned—20 of them based on medical evidence. "To say that doctors can diagnose the conduct and intent of some third party actor is really beyond what medicine can support," said Keith Findley, law professor at the University of Wisconsin. He's also co-founder of the Center for Integrity in Forensic Sciences and the Wisconsin Innocence Project.


Findley and his team consult on hundreds of child abuse cases each year, including that of Audrey Edmunds. "


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STORY: "Legal deck stacked against parents falsely accused of murdering their children,  by Chief Investigative Reporter  Darcy Spears, published by KTNV, on September 27, 2023.

SUB-HEADING: "13 Investigates exposes justice system failures that tear families apart. In this two-part report, Darcy Spears investigates the case of Kristina Kerlus.."

LAS VEGAS (KTNV) — A Las Vegas mother is one of many parents across the country who are working to rebuild their lives after an unthinkable loss... A loss compounded by being falsely accused of crimes they did not commit.


"When I first got arrested, I was in disbelief," recalls Kristina Kerlus. "I was in shock, and I was like, you know, the truth will come out."


In 2019, when the Las Vegas mother was first charged with murdering her baby, she still trusted and had faith in the justice system.


At the time, she thought, "They're just doing their job. They're going to realize this is not it—it's just a misunderstanding, it's perception."


Her youngest son, Jocai Davis, died on Oct. 7, 2018 at just two-and-a-half months of age.


Kristina was accused of shaking Jocai so violently he experienced a brain bleed that led to his death.


"As time went on, it was like, 'Damn this is real!' I'm really being accused!" recalls Kristina. "It set in. But when you're telling someone you didn't do it, and I know I didn't do it, I didn't hurt my son, and I know, and I'm telling you 'No! That's not what happened! Listen!"


While Kristina was fighting to prove her innocence, Child Protective Services took her other three children.


"If I didn't have children that I needed to live and fight for, I wouldn't be here."


"This case, to me, is the most tragic, unjust case I've ever had," said Las Vegas Defense Attorney Ryan Helmick, who represented Kristina. "It didn't make sense factually from the beginning at all. I felt like it was rubber-stamped, so to speak."


Helmick was able to get the case dismissed after Pediatric Forensic Pathologist Dr. Evan Matshes found what he called a clear-cut medical cause for Jocai's death.


Looking at a slide, Dr. Matshes describes, "A very large, dilated and dead blood vessel which died while Jocai was still alive and ruptured, resulting in this bleeding. It's died because it's fully clotted off with sickled cells."


Jocai--born with Sickle Cell Trait--had died a natural death from complications of Sickle Cell Disease.


Dr. Matshes used the same medical evidence the Clark County Coroner used but saw what they failed to see.


Ryan Helmick: They didn't do a thorough job at all in this.


Darcy Spears: And their failure to be thorough up-ended Kristina's life.


Ryan Helmick: It turned her life upside down for a number of years.


Kristina's lost years, lost time with her other children, lost job and lost freedom has happened to many other parents accused of hurting their children after medical personnel and law enforcement drew conclusions about abuse.


"We shouldn't be scared to take our children to the hospital," said Kristina. "There are so many medical conditions that mimic Shaken Baby Syndrome but they don't do their research! They don't care!"


In 2015, Northwestern University's Medill Justice Project found prosecutors had used Shaken Baby Syndrome diagnoses to charge at least 3,000 people with abuse or murder.


In 2021, the National Institutes of Health published this study of U.S. court cases, identifying 49 shaken baby syndrome criminal convictions that were overturned—20 of them based on medical evidence.


"To say that doctors can diagnose the conduct and intent of some third party actor is really beyond what medicine can support," said Keith Findley, law professor at the University of Wisconsin. He's also co-founder of the Center for Integrity in Forensic Sciences and the Wisconsin Innocence Project.


Findley and his team consult on hundreds of child abuse cases each year, including that of Audrey Edmunds. When she was 34 and pregnant with her third child, the married mother was babysitting and a 7-month-old girl died in her care.


Edmunds spent 11 years in prison and was released in 2008 when her Shaken Baby Syndrome conviction was overturned.

Findley says too often, law enforcement trusts doctors who report abuse without listening to different opinions.


"It's just a recipe for error and for injustice."


Three years before Kristina's case here in Las Vegas, the Medill Justice Project worked with the Washington Post on a project called "Shaken Science" - reporting that more than 200 criminal cases had unraveled as a growing number of doctors and scientists began challenging the diagnosis of Shaken Baby Syndrome.


In some cases--like Kristina's--charges were dropped or dismissed by prosecutors and judges.


In December 2022, Chief Deputy D.A. Michelle Jobe told the court, "Your honor, based on further investigation, the State does not believe it can prove the elements of the criminal charges beyond a reasonable doubt, therefore the state is voluntarily dismissing this case."


In another case, the Death Penalty Information Center reports a federal court overturned an Ohio father's Shaken Baby conviction and death sentence in 2019 based on withheld evidence and false forensic testimony.


"It's happening all across the country and all across the world," said Findley.


And it's not limited to Shaken Baby cases.


"It's been the hardest thing I've ever been through in my life," said a Michigan father who is one of many parents who've had to battle allegations of abuse and neglect, even though they say their children had medical causes for their illnesses and injuries.


"I thought we lived in America where you were innocent until you were proven guilty. We were guilty until we proved we were innocent," said Detroit-area mother Ali Parker.


The Parker's infant and his one-year-old sister were taken from their parents' care for eight months.


Ali and Jim Parker were put on trial--accused of abusing baby Dylan after a pediatrician said his bruising was diagnostic of physical abuse, and x-rays showed old healing rib fractures.


"I was like honey, they think we hurt him!" said Jimmy. "And it was still kind of unbelievable."


The couple proved Dylan's rib fractures were caused by fragile bones from a severe vitamin D deficiency--not abuse.


The judge who dismissed the case apologized to the Parkers.


As for Kristina, she's chosen to use her trauma to be a voice for others.


She has this message for police, prosecutors and the doctors they rely on to build their cases: "Look deeper! Make sure that you're not going to ruin somebody's life! Make sure that you're not just gonna take children away from good parents or a good home, and traumatize the children! Because the system does!"


The entire story can be read at:


https://www.ktnv.com/13-investigates/legal-deck-stacked-against-parents-falsely-accused-of-murdering-their-own-children

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

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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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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