"There are also reports of an eerily similar locked-door incident involving Keller in January. In this case, lawyers for murderer Larry Swearingen arrived at the court clerk’s office at 5:01 p.m. on a Friday to be told their appeal wouldn’t be registered until the following Monday, so they would miss a crucial filing deadline. According to the Morning News, Keller was informed of the rejection. Only after Cheryl Johnson—one of the judges who had waited for the Richard appeal that never came in September 2007—personally intervened did the court accept the filing."
Patrica Treble; Maclean's Magazine;
-------------------------------------------------------------------------------
Maclean's Magazine reported earlier today that a legislative committee is considering a bill that could lead to Judge Keller's impeachment;
The MacLean's story runs under the heading: "Close at 5’ judge in hot water again Keller locked the doors and miss a death row appeal."
The story also tells how Larry Swearingen almost suffered the same fate at Keller's hands;
A tag-line says that: "Sharon Keller, the Texas judge who wouldn’t keep her court open for even a minute past 5 p.m. so a last-minute appeal could be filed by a man on death row, is a step closer to losing her job."
"On Monday, a Texas legislative committee heard testimony on a bill that, if passed, would impeach Keller, chief justice of the Court of Criminal Appeals, for “conducting her official duties with willful disregard for human life," the story, the story by writer Patricia Treble, begins;
"The bill is a response to her September 2007 decision to lock the doors of her court promptly at 5 p.m., thereby refusing the lawyers of death row inmate Michael Richard time to file a last-minute appeal," it continues;
"His lawyers had called at 4:45 p.m. to explain they were running late after having computer problems. Richard was executed that night.
Keller’s decision, which wasn’t relayed to fellow judges who were waiting to rule on the expected appeal, shocked even Texas, a death penalty stronghold. In February the state commission on judicial conduct laid five misconduct charges against her, including incompetence. Last week 24 legal ethicists filed a brief with the state commission that called for her removal from office. Keller has denied the charges, and the case will go to trial on Aug. 17.
The judicial and legislative cases aren’t her only problems. After Keller asked the state to pay her “financially ruinous” legal bills, the Dallas Morning News revealed that she hadn’t disclosed US$1.9 million in real estate assets as legally required. A watchdog group has since filed a criminal complaint about the omission with a district attorney.
There are also reports of an eerily similar locked-door incident involving Keller in January. In this case, lawyers for murderer Larry Swearingen arrived at the court clerk’s office at 5:01 p.m. on a Friday to be told their appeal wouldn’t be registered until the following Monday, so they would miss a crucial filing deadline. According to the Morning News, Keller was informed of the rejection. Only after Cheryl Johnson—one of the judges who had waited for the Richard appeal that never came in September 2007—personally intervened did the court accept the filing."
Harold Levy...hlevy15@gmail.com;
Showing posts with label death penalty. Show all posts
Showing posts with label death penalty. Show all posts
Thursday, May 7, 2009
Monday, April 28, 2008
Part Three: Forensic Stalker; Gilchrist And Smith; Manufacturing Evidence?
Early post for April 29, 2008;
AT TRIAL, THE TESTIFYING CHEMIST, JOYCE GILCHRIST, SAID SIX SAMPLES TAKEN FROM THE VICTIM'S BEDROOM SHOWED SEMEN CONSISTENT WITH MR. JOHNSON'S BLOOD TYPE. BUT A RE-EXAMINATION OF THOSE SLIDES THIS JULY 30 SHOWED THAT ''SPERMATOZOA IS NOT PRESENT,'' SAYS THE MEMORANDUM, DATED JULY 31, ADDRESSED TO THE CITY ATTORNEY'S OFFICE AND SIGNED BY MS. GILCHRIST'S COLLEAGUE LAURA SCHILE.
NEW YORK TIMES; AUGUST 30, 2001; "POLICE CHEMIST IS REBUTTED AFTER MAN'S EXECUTION;"
-------------------------------------------------------------------------------
A police department memo states that former forensic scientist Joyce Gilchrist cited scientific evidence that did not exist in the case of a man named Malcolm Rent Johnson who was subsequently executed;
Gilchrist came to my attention when I stumbled upon a Blog called "TalkLeft: The politics of crime" published out of Denver, Colorado, which compared Dr. Charles Smith to Gilchrist and referred to him as the "latest forensic stalker."
"While Joyce Gilchrist of Oklahoma apparently still holds the world's record for systematically framing the largest number of people over a period of years, the Toronto Star reports today, December 10,2007, that Canada boasts a forensic expert who, in duration of his service(if not in the number of his victims) can at least equal Gilmore's achievement," the author said;
(Smith, who has admitted "errors" and "mistakes" but has consistently denied allegations made during the Goudge Inquiry that he deliberately set out to cause harm to any of the individuals who were affected by his flawed opinions.)
The story on the police report stating that Gilchrist cited scientific evidence that did not exist was published in the New York Times on August 30, 2001, under the heading, "Police Chemist Is Rebutted After Man's Execution."
"A now-scrutinized Oklahoma City police chemist whose testimony helped convict a man later executed for murder cited scientific evidence that does not exist, a Police Department memorandum says," the story begins;
"The memorandum, written by another chemist in the Oklahoma City police laboratory and obtained by The Associated Press, refers to the case of Malcolm Rent Johnson, who was convicted in 1982 of rape and murder and was executed on Jan. 6, 2000," it continues.
"At trial, the testifying chemist, Joyce Gilchrist, said six samples taken from the victim's bedroom showed semen consistent with Mr. Johnson's blood type.
But a re-examination of those slides this July 30 showed that ''spermatozoa is not present,'' says the memorandum, dated July 31, addressed to the city attorney's office and signed by Ms. Gilchrist's colleague Laura Schile."
(H.L. note: While reading about the late Malcolm Rent Johnson, I couldn't help but think about the William Mullins-Johnson case studied by the Goudge Inquiry.
In that case, Dr. Charles Smith helped prosecutors convict the Sault Ste. Marie man of first-degree murder by saying he found pathological evidence that showed his niece Valin had been anally assaulted anally before being strangled to death.
A re-examination of the slides many years later - after Mullins-Johnson had spent more than twelve years behind bars - showed that four and a half year old Valin had neither been sexually assaulted or strangled but had died a natural death)
New York Times story continued: "Ms. Schile resigned from the city's embattled forensics laboratory on Aug. 2, citing a hostile work environment.
But her memorandum said the laboratory's three other scientists -- aside from Ms. Gilchrist, who is suspended -- agreed with her that sperm was not present.
One of those chemists, Kyla Marshall, confirmed that when the slides were retested, they revealed no sperm, just a few fibers from the victim's bedspread and pillowcase.
Sperm does not deteriorate for decades, Ms. Marshall said.
The memorandum is the latest turn in the events surrounding Ms. Gilchrist, who has been accused of repeatedly overstating courtroom testimony and performing shoddy forensic analysis. She has previously denied any wrongdoing, and her lawyer did not return calls seeking comment on Ms. Schile's memorandum."
Background on the Johnson case is provided in an Associated Press story By DEBORAH HASTINGS, AP National Writer, published on August 29, 2001, under the heading, "Testimony doubted in execution case."
"A man executed in Oklahoma last year was placed at the murder scene by the testimony of now-disgraced police chemist Joyce Gilchrist, but a police department memo obtained by The Associated Press says some of the scientific evidence she swore to does not exist," the story begins.
The July 31 memo by a fellow lab scientist for the Oklahoma City Police Department refers to the case of Malcolm Rent Johnson, who was executed on Jan. 6, 2000, after being convicted in 1982 of rape and murder. Johnson, who had served time for two previous rapes, insisted he was innocent." it continues;
"At Johnson's trial, Gilchrist testified that six samples taken from the murder victim's bedroom showed semen consistent with his blood type.
But a July 30 re-examination of those slides showed ``spermatozoa is not present,'' says the memo signed by chemist Laura Schile.
Schile resigned Aug. 2 from the embattled forensics lab, citing a hostile work environment.
She names the lab's three other scientists as agreeing that sperm is not present.
While the memo does not exonerate Johnson, it marks the first time legal questions have been raised about Gilchrist's testimony in an execution case.
The memo also noted that Gilchrist's testimony had been criticized previously.
Two appellate courts have ruled Gilchrist gave false testimony about semen evidence in the 1992 rape and murder trial of Alfred Brian Mitchell, whose death sentence was overturned earlier this month because of what one court called her ``untrue'' testimony.
``There are now two cases where the results stated in the (lab) report and testified to by Joyce Gilchrist contradict independent expert re-examination of the actual physical evidence,'' Schile wrote.
Prosecutors said there was sufficient evidence separate from Gilchrist's testimony to convict Johnson.
But Oklahoma County Chief Public Defender Robert Ravitz, who represented Johnson at trial, disagrees.
``It really calls into question whether the state of Oklahoma executed an innocent person,'' he said Tuesday.
Problems with Gilchrist's testimony in other cases have led to the release of three inmates who served long sentences, including one on death row.
Based on a preliminary review, authorities previously said there was no taint in the 11 cases where prisoners were put to death.
Gilchrist's attorney did not immediately return calls for comment.
The chemist has previously denied any wrongdoing.
Ura Alma Thompson, 76, was found suffocated in her apartment on Oct. 27, 1981.
There were no witnesses to the crime, and no fingerprints matching Johnson's were found.
He was arrested after officers went to his home to question him about an unrelated parole violation and noticed items belonging to the victim.
A search led to the discovery of her apartment key in his nightstand.
He contended all the items were given to him by a third party.
Gilchrist told jurors that semen stains on the woman's bedspread and pillow case matched Johnson's blood type, which constituted the bulk of evidence used to tie Johnson to rape.
The only other evidence stained by semen consistent with his blood type was a knee-high stocking, Gilchrist testified.
That stocking has not been retested.
A vaginal swab contained sperm, but not enough to test, Gilchrist told jurors.
Gilchrist also testified that hair fragments matched Johnson's hair and that fibers matched a blue cotton shirt he owned.
Johnson's trial marked the first time she had testified about fiber analysis.
DNA analysis was not available at that time, and the court denied the defense's request for funds to hire its own forensics expert.
Johnson's attorney argued during trial that blue cotton shirts were so ubiquitous that the fiber could not definitively be linked to Johnson.
Schile refused comment Tuesday on the memo contradicting Gilchrist's testimony, which she addressed to Richard Smith of the Oklahoma City Municipal Counselor's Office.
Kyla Marshall, one of the chemists named by Schile, confirmed that when the slides purported to contain sperm were retested, they revealed only a few fibers from the victim's bedspread and pillow case.
Sperm does not deteriorate for decades, she said.
Richard Wintory, a spokesman for the district attorney's office, said Tuesday that he still does not doubt Johnson's guilt.
``The evidence against Malcolm Rent Johnson is absolutely, incontestably, overwhelming he done it, done it, done it,'' Wintory said.
``This suggestion that an innocent guy was executed is not true about Malcolm Rent Johnson.''
``I am confident he is guilty of murder,'' Oklahoma Attorney General Drew Edmondson said.
``He was convicted and sentenced to death and there is ample evidence supporting without consideration of forensic testimony.''
Gov. Frank Keating's office said he agreed the execution was appropriate.
Oklahoma City Police Chief M.T. Berry declined comment except to say that his department was willing to have evidence from the Johnson case retested by an independent lab.
Gilchrist was suspended with pay earlier this year after the FBI, which reviewed eight of her cases, concluded she had misidentified evidence or made other serious mistakes in six of them.
Hearings began last week to determine whether she should be fired.
In the Mitchell case, a lower federal court ruled Gilchrist had knowingly given false testimony and that prosecutors withheld exculpatory evidence from defense lawyers.
That court still upheld the death penalty, but the 10th U.S. Circuit Court of Appeals overturned it Aug. 13, saying, ``We simply cannot be confident that the jury would have returned the same sentence had no rape and sodomy evidence been presented to it.''
Doug Parr, who serves on the board of the Oklahoma Defense Lawyers Association, filed suit last month against the Oklahoma City Police Department, claiming it is illegally refusing to release public records pertaining to Johnson's case.
Schile re-examined the slides after a visit from Parr.
On Tuesday, Parr filed court papers seeking Schile's memo.
``It is yet another example that Ms. Gilchrist is apparently willing to lie and present false evidence in order to support prosecutors' efforts to convict persons in serious felony cases in Oklahoma County,'' he said.
``The question right now is did he commit the crime, period?''
The state attorney general's office, which is reviewing cases in which Gilchrist's testimony was pivotal, briefly re-examined Johnson's case earlier this year.
The attorney general said then that he was satisfied enough separate evidence existed to warrant the execution, including the victim's property being found in Johnson's home.
In seeking the death penalty, prosecutors cited Johnson's two previous convictions for rape in Chicago and the ``heinous'' nature of the rape and murder, and said he posed a danger to the community.
Johnson's public defender said his client might have been spared the death penalty if he hadn't been convicted of rape.
But attorney Garvin Isaacs, who has represented several defendants Gilchrist testified against, said any one of the aggravating circumstances in Johnson's case could have resulted in the sentence, regardless of the rape conviction.
"It's Oklahoma,'' he said.
According to a recent survey by Amnesty International, Oklahoma has more executions per capita than any state."
Harold Levy...hlevy15@gmail.com;
AT TRIAL, THE TESTIFYING CHEMIST, JOYCE GILCHRIST, SAID SIX SAMPLES TAKEN FROM THE VICTIM'S BEDROOM SHOWED SEMEN CONSISTENT WITH MR. JOHNSON'S BLOOD TYPE. BUT A RE-EXAMINATION OF THOSE SLIDES THIS JULY 30 SHOWED THAT ''SPERMATOZOA IS NOT PRESENT,'' SAYS THE MEMORANDUM, DATED JULY 31, ADDRESSED TO THE CITY ATTORNEY'S OFFICE AND SIGNED BY MS. GILCHRIST'S COLLEAGUE LAURA SCHILE.
NEW YORK TIMES; AUGUST 30, 2001; "POLICE CHEMIST IS REBUTTED AFTER MAN'S EXECUTION;"
-------------------------------------------------------------------------------
A police department memo states that former forensic scientist Joyce Gilchrist cited scientific evidence that did not exist in the case of a man named Malcolm Rent Johnson who was subsequently executed;
Gilchrist came to my attention when I stumbled upon a Blog called "TalkLeft: The politics of crime" published out of Denver, Colorado, which compared Dr. Charles Smith to Gilchrist and referred to him as the "latest forensic stalker."
"While Joyce Gilchrist of Oklahoma apparently still holds the world's record for systematically framing the largest number of people over a period of years, the Toronto Star reports today, December 10,2007, that Canada boasts a forensic expert who, in duration of his service(if not in the number of his victims) can at least equal Gilmore's achievement," the author said;
(Smith, who has admitted "errors" and "mistakes" but has consistently denied allegations made during the Goudge Inquiry that he deliberately set out to cause harm to any of the individuals who were affected by his flawed opinions.)
The story on the police report stating that Gilchrist cited scientific evidence that did not exist was published in the New York Times on August 30, 2001, under the heading, "Police Chemist Is Rebutted After Man's Execution."
"A now-scrutinized Oklahoma City police chemist whose testimony helped convict a man later executed for murder cited scientific evidence that does not exist, a Police Department memorandum says," the story begins;
"The memorandum, written by another chemist in the Oklahoma City police laboratory and obtained by The Associated Press, refers to the case of Malcolm Rent Johnson, who was convicted in 1982 of rape and murder and was executed on Jan. 6, 2000," it continues.
"At trial, the testifying chemist, Joyce Gilchrist, said six samples taken from the victim's bedroom showed semen consistent with Mr. Johnson's blood type.
But a re-examination of those slides this July 30 showed that ''spermatozoa is not present,'' says the memorandum, dated July 31, addressed to the city attorney's office and signed by Ms. Gilchrist's colleague Laura Schile."
(H.L. note: While reading about the late Malcolm Rent Johnson, I couldn't help but think about the William Mullins-Johnson case studied by the Goudge Inquiry.
In that case, Dr. Charles Smith helped prosecutors convict the Sault Ste. Marie man of first-degree murder by saying he found pathological evidence that showed his niece Valin had been anally assaulted anally before being strangled to death.
A re-examination of the slides many years later - after Mullins-Johnson had spent more than twelve years behind bars - showed that four and a half year old Valin had neither been sexually assaulted or strangled but had died a natural death)
New York Times story continued: "Ms. Schile resigned from the city's embattled forensics laboratory on Aug. 2, citing a hostile work environment.
But her memorandum said the laboratory's three other scientists -- aside from Ms. Gilchrist, who is suspended -- agreed with her that sperm was not present.
One of those chemists, Kyla Marshall, confirmed that when the slides were retested, they revealed no sperm, just a few fibers from the victim's bedspread and pillowcase.
Sperm does not deteriorate for decades, Ms. Marshall said.
The memorandum is the latest turn in the events surrounding Ms. Gilchrist, who has been accused of repeatedly overstating courtroom testimony and performing shoddy forensic analysis. She has previously denied any wrongdoing, and her lawyer did not return calls seeking comment on Ms. Schile's memorandum."
Background on the Johnson case is provided in an Associated Press story By DEBORAH HASTINGS, AP National Writer, published on August 29, 2001, under the heading, "Testimony doubted in execution case."
"A man executed in Oklahoma last year was placed at the murder scene by the testimony of now-disgraced police chemist Joyce Gilchrist, but a police department memo obtained by The Associated Press says some of the scientific evidence she swore to does not exist," the story begins.
The July 31 memo by a fellow lab scientist for the Oklahoma City Police Department refers to the case of Malcolm Rent Johnson, who was executed on Jan. 6, 2000, after being convicted in 1982 of rape and murder. Johnson, who had served time for two previous rapes, insisted he was innocent." it continues;
"At Johnson's trial, Gilchrist testified that six samples taken from the murder victim's bedroom showed semen consistent with his blood type.
But a July 30 re-examination of those slides showed ``spermatozoa is not present,'' says the memo signed by chemist Laura Schile.
Schile resigned Aug. 2 from the embattled forensics lab, citing a hostile work environment.
She names the lab's three other scientists as agreeing that sperm is not present.
While the memo does not exonerate Johnson, it marks the first time legal questions have been raised about Gilchrist's testimony in an execution case.
The memo also noted that Gilchrist's testimony had been criticized previously.
Two appellate courts have ruled Gilchrist gave false testimony about semen evidence in the 1992 rape and murder trial of Alfred Brian Mitchell, whose death sentence was overturned earlier this month because of what one court called her ``untrue'' testimony.
``There are now two cases where the results stated in the (lab) report and testified to by Joyce Gilchrist contradict independent expert re-examination of the actual physical evidence,'' Schile wrote.
Prosecutors said there was sufficient evidence separate from Gilchrist's testimony to convict Johnson.
But Oklahoma County Chief Public Defender Robert Ravitz, who represented Johnson at trial, disagrees.
``It really calls into question whether the state of Oklahoma executed an innocent person,'' he said Tuesday.
Problems with Gilchrist's testimony in other cases have led to the release of three inmates who served long sentences, including one on death row.
Based on a preliminary review, authorities previously said there was no taint in the 11 cases where prisoners were put to death.
Gilchrist's attorney did not immediately return calls for comment.
The chemist has previously denied any wrongdoing.
Ura Alma Thompson, 76, was found suffocated in her apartment on Oct. 27, 1981.
There were no witnesses to the crime, and no fingerprints matching Johnson's were found.
He was arrested after officers went to his home to question him about an unrelated parole violation and noticed items belonging to the victim.
A search led to the discovery of her apartment key in his nightstand.
He contended all the items were given to him by a third party.
Gilchrist told jurors that semen stains on the woman's bedspread and pillow case matched Johnson's blood type, which constituted the bulk of evidence used to tie Johnson to rape.
The only other evidence stained by semen consistent with his blood type was a knee-high stocking, Gilchrist testified.
That stocking has not been retested.
A vaginal swab contained sperm, but not enough to test, Gilchrist told jurors.
Gilchrist also testified that hair fragments matched Johnson's hair and that fibers matched a blue cotton shirt he owned.
Johnson's trial marked the first time she had testified about fiber analysis.
DNA analysis was not available at that time, and the court denied the defense's request for funds to hire its own forensics expert.
Johnson's attorney argued during trial that blue cotton shirts were so ubiquitous that the fiber could not definitively be linked to Johnson.
Schile refused comment Tuesday on the memo contradicting Gilchrist's testimony, which she addressed to Richard Smith of the Oklahoma City Municipal Counselor's Office.
Kyla Marshall, one of the chemists named by Schile, confirmed that when the slides purported to contain sperm were retested, they revealed only a few fibers from the victim's bedspread and pillow case.
Sperm does not deteriorate for decades, she said.
Richard Wintory, a spokesman for the district attorney's office, said Tuesday that he still does not doubt Johnson's guilt.
``The evidence against Malcolm Rent Johnson is absolutely, incontestably, overwhelming he done it, done it, done it,'' Wintory said.
``This suggestion that an innocent guy was executed is not true about Malcolm Rent Johnson.''
``I am confident he is guilty of murder,'' Oklahoma Attorney General Drew Edmondson said.
``He was convicted and sentenced to death and there is ample evidence supporting without consideration of forensic testimony.''
Gov. Frank Keating's office said he agreed the execution was appropriate.
Oklahoma City Police Chief M.T. Berry declined comment except to say that his department was willing to have evidence from the Johnson case retested by an independent lab.
Gilchrist was suspended with pay earlier this year after the FBI, which reviewed eight of her cases, concluded she had misidentified evidence or made other serious mistakes in six of them.
Hearings began last week to determine whether she should be fired.
In the Mitchell case, a lower federal court ruled Gilchrist had knowingly given false testimony and that prosecutors withheld exculpatory evidence from defense lawyers.
That court still upheld the death penalty, but the 10th U.S. Circuit Court of Appeals overturned it Aug. 13, saying, ``We simply cannot be confident that the jury would have returned the same sentence had no rape and sodomy evidence been presented to it.''
Doug Parr, who serves on the board of the Oklahoma Defense Lawyers Association, filed suit last month against the Oklahoma City Police Department, claiming it is illegally refusing to release public records pertaining to Johnson's case.
Schile re-examined the slides after a visit from Parr.
On Tuesday, Parr filed court papers seeking Schile's memo.
``It is yet another example that Ms. Gilchrist is apparently willing to lie and present false evidence in order to support prosecutors' efforts to convict persons in serious felony cases in Oklahoma County,'' he said.
``The question right now is did he commit the crime, period?''
The state attorney general's office, which is reviewing cases in which Gilchrist's testimony was pivotal, briefly re-examined Johnson's case earlier this year.
The attorney general said then that he was satisfied enough separate evidence existed to warrant the execution, including the victim's property being found in Johnson's home.
In seeking the death penalty, prosecutors cited Johnson's two previous convictions for rape in Chicago and the ``heinous'' nature of the rape and murder, and said he posed a danger to the community.
Johnson's public defender said his client might have been spared the death penalty if he hadn't been convicted of rape.
But attorney Garvin Isaacs, who has represented several defendants Gilchrist testified against, said any one of the aggravating circumstances in Johnson's case could have resulted in the sentence, regardless of the rape conviction.
"It's Oklahoma,'' he said.
According to a recent survey by Amnesty International, Oklahoma has more executions per capita than any state."
Harold Levy...hlevy15@gmail.com;
Saturday, February 9, 2008
Part Four: Smith Testifies In Death Penalty Case: The Mullins-Johnson Factor;
This was not just any case;
Christopher Fuller was facing the death penalty;
The jury wanted him executed.
It was only the judge's decision - based on his lack of a previous criminal record, his support of his family, and his military service for his country - that kept him alive.
As lawyer James Lockyer, who represents nine families affected by Dr. Smith, told the Inquiry:
"If we visualized Mr. Mullins-Johnson being convicted south of the border in the wrong state, he would almost certainly have been sentenced to death for the crime that he was convicted, albeit it was a crime that never happened."
Lawyer Louis Sokolov, who represents The Association In Defence Of The Wrongly Convicted, put it this way:
"Knowing what we do now about Dr. Smith's failings as a pathologist and as a witness, the prospect that a jury would be asked to recommend a death sentence
based, in part, upon his evidence is, to say the least, disquieting."
Lockyer, Sokolov and other lawyers at the Inquiry, Smith's appearance as an expert witness in the Hamilton, Ohio courtroom raises some important issues, including:
Capital punishment: (Legal systems have to live with the possibility of error. The unique feature of capital punishment is that it puts beyond recall the possibility of correction." (Supreme Court of Canada); (Our worst fear: Execution of an innocent person);
Should Ontario resources (public funds) be used in prosecutions that seek execution.
Was Dr. Smith involved in any other death penalty cases?
Is there a policy in place at the Chief Coroner's office to either prevent or, indeed, to permit testimony of Ontario pathologists in death penalty cases?
If Ontario officials are permitted to or are, indeed, loaned out as a resource,
in support of death penalty cases in the US,
Should Ontario citizens be informed when this happens?
Are there, or should there be, governing use of Ontario pathologists in death penalty prosecutions?
Timing:
How could Dr. Smith's superiors in the Chief Coroner's Office have him allowed to take on such a huge responsibility given the prevailing public knowledge of his incompetence?
Other questions:
Who, if anyone, at the Ontario Chief Coroner’s Office or the Hospital For Sick Children permitted or, indeed, requested that Dr. Smith would assist in this case?
If no one permitted him to do so, how was he able to do so?
How was he able to leave his job and - and travel, to take on these responsibilities?
Who paid for the time that he spent engaging in this work?
What other cases outside of Canada did Dr. Smith testify in or consult in?
Answers to most of these questions will unfortunately not likely be forthcoming because the interested lawyers did not have the opportunity to address them either to Dr. Smith or Dr. James Young, the former Chief Coroner;
But questions aside, how could this self-admitted "ignorant" man have put himself in a situation where his testimony could determine the life or death of an accused person?
Is it too harsh to blame him - for not recognizing his limitations?
Must the responsibility be shared by his superior's in the Chief Coroner's Office and the Hospital for Sick Children who boosted him publicly by allowing him to keep doing his work while his flaws?
Does the College of Physicians and Surgeons have to take a share of the blame for not imposing a punishment which would appear on the College registrar and be publicly available for anyone to examine?
So much grist for the Charles Smith Blog!
Harold Levy...hlevy15@gmail.com;
Christopher Fuller was facing the death penalty;
The jury wanted him executed.
It was only the judge's decision - based on his lack of a previous criminal record, his support of his family, and his military service for his country - that kept him alive.
As lawyer James Lockyer, who represents nine families affected by Dr. Smith, told the Inquiry:
"If we visualized Mr. Mullins-Johnson being convicted south of the border in the wrong state, he would almost certainly have been sentenced to death for the crime that he was convicted, albeit it was a crime that never happened."
Lawyer Louis Sokolov, who represents The Association In Defence Of The Wrongly Convicted, put it this way:
"Knowing what we do now about Dr. Smith's failings as a pathologist and as a witness, the prospect that a jury would be asked to recommend a death sentence
based, in part, upon his evidence is, to say the least, disquieting."
Lockyer, Sokolov and other lawyers at the Inquiry, Smith's appearance as an expert witness in the Hamilton, Ohio courtroom raises some important issues, including:
Capital punishment: (Legal systems have to live with the possibility of error. The unique feature of capital punishment is that it puts beyond recall the possibility of correction." (Supreme Court of Canada); (Our worst fear: Execution of an innocent person);
Should Ontario resources (public funds) be used in prosecutions that seek execution.
Was Dr. Smith involved in any other death penalty cases?
Is there a policy in place at the Chief Coroner's office to either prevent or, indeed, to permit testimony of Ontario pathologists in death penalty cases?
If Ontario officials are permitted to or are, indeed, loaned out as a resource,
in support of death penalty cases in the US,
Should Ontario citizens be informed when this happens?
Are there, or should there be, governing use of Ontario pathologists in death penalty prosecutions?
Timing:
How could Dr. Smith's superiors in the Chief Coroner's Office have him allowed to take on such a huge responsibility given the prevailing public knowledge of his incompetence?
Other questions:
Who, if anyone, at the Ontario Chief Coroner’s Office or the Hospital For Sick Children permitted or, indeed, requested that Dr. Smith would assist in this case?
If no one permitted him to do so, how was he able to do so?
How was he able to leave his job and - and travel, to take on these responsibilities?
Who paid for the time that he spent engaging in this work?
What other cases outside of Canada did Dr. Smith testify in or consult in?
Answers to most of these questions will unfortunately not likely be forthcoming because the interested lawyers did not have the opportunity to address them either to Dr. Smith or Dr. James Young, the former Chief Coroner;
But questions aside, how could this self-admitted "ignorant" man have put himself in a situation where his testimony could determine the life or death of an accused person?
Is it too harsh to blame him - for not recognizing his limitations?
Must the responsibility be shared by his superior's in the Chief Coroner's Office and the Hospital for Sick Children who boosted him publicly by allowing him to keep doing his work while his flaws?
Does the College of Physicians and Surgeons have to take a share of the blame for not imposing a punishment which would appear on the College registrar and be publicly available for anyone to examine?
So much grist for the Charles Smith Blog!
Harold Levy...hlevy15@gmail.com;
Part Three: Smith Testifies In Death Penalty Case; Did Smith Level With The Court?
One paragraph in the decision of the Ohio 12th District Court of Appeal turning down Christopher Fuller's appeal makes me wonder how forthcoming Dr. Charles Smith was with the trial judge about his expertese.
That paragraph reads: "In addition, Dr. Charles Smith, a forensic pediatric pathologist, noted that Randi "had a urinary tract infection in the days or weeks before she died." However, he stated that wasn't necessarily indicative of sexual contact because there are "lots of different causes of urinary tract infection."
First I wonder how Dr. Smith was qualified to give expert evidence in the area of urology - a very specific medical speciality.
I certainly don't recall any mention of a urology degree in his curriculum vitae.
(This would parallel the numerous Ontario cases where Dr. Smith over-stepped his bounds by wading into areas such as bio-mechanics where he lacked expertese).
Secondly, I wonder how much weight the appeal court, as well as the trial judge, paid to the suggestion (which we know is untrue) that Dr. Smith is a qualified forensic pediatric pathologist.
This is the same Dr. Charles Smith who recently told the Goudge Inquiry, "my ignorance of the judicial system is great", and "I now recognize how profoundly ignorant I was."
It is instructive to contrast Smith's own words to the Inquiry with the description of the manner in which Smith delivered his testimony provided by John Nethers, the lead investigator in the Fuller case, to my Toronto Star colleagues Theresa Bowlby and Isabel Teotonio, in today's paper:
"He was great in front of the jury," recalled Nethers, who was stunned to learn yesterday that Smith is now the subject of an inquiry,"...when Dr. Smith was on the stand, everybody in the courtroom seemed interested in what he was saying and was paying attention."
I for one, would love to know how Dr. Smith described himself when being qualified to give expert evidence in the Ohio court.
Next: Part Four: Smith testifies in death penalty case; The Mullins-Johnson factor;
Harold Levy...hlevy15@gmail.com;
That paragraph reads: "In addition, Dr. Charles Smith, a forensic pediatric pathologist, noted that Randi "had a urinary tract infection in the days or weeks before she died." However, he stated that wasn't necessarily indicative of sexual contact because there are "lots of different causes of urinary tract infection."
First I wonder how Dr. Smith was qualified to give expert evidence in the area of urology - a very specific medical speciality.
I certainly don't recall any mention of a urology degree in his curriculum vitae.
(This would parallel the numerous Ontario cases where Dr. Smith over-stepped his bounds by wading into areas such as bio-mechanics where he lacked expertese).
Secondly, I wonder how much weight the appeal court, as well as the trial judge, paid to the suggestion (which we know is untrue) that Dr. Smith is a qualified forensic pediatric pathologist.
This is the same Dr. Charles Smith who recently told the Goudge Inquiry, "my ignorance of the judicial system is great", and "I now recognize how profoundly ignorant I was."
It is instructive to contrast Smith's own words to the Inquiry with the description of the manner in which Smith delivered his testimony provided by John Nethers, the lead investigator in the Fuller case, to my Toronto Star colleagues Theresa Bowlby and Isabel Teotonio, in today's paper:
"He was great in front of the jury," recalled Nethers, who was stunned to learn yesterday that Smith is now the subject of an inquiry,"...when Dr. Smith was on the stand, everybody in the courtroom seemed interested in what he was saying and was paying attention."
I for one, would love to know how Dr. Smith described himself when being qualified to give expert evidence in the Ohio court.
Next: Part Four: Smith testifies in death penalty case; The Mullins-Johnson factor;
Harold Levy...hlevy15@gmail.com;
Part Two: Smith Testifies In Death Penalty Case; The State V. Fuller;
As set out in a story by my erstwhile colleagues Theresa Boyle and Isabel Teotonio in today's Toronto Star: (The story contains fascinating interviews with the lead detective and the trial judge);
"The case in question involved the conviction of Christopher Fuller for the March 21. 2000 aggravated murder and attempted rape of his daughter Randi, who was weeks away from turning 3.
Fuller, 31 at the time, pleaded not guilty. He was given a life sentence.
The coalition (a coalition of lawyers who said they had just learned of the case H.L.) has since been in touch with Fuller's lawyer, who had no knowledge of the problems involving Smith.
During the trial, court heard that Fuller told detectives Randi had choked on a glass of water and held her breath, but later admitted he became enraged after the toddler refused his advances for "some loving." Fuller repeatedly told police he hit Randi twice. However, prosecutors said he also suffocated the toddler by pressing on her chest and covering her mouth.
Fuller also admitted to having raped his daughter in May 1999 and February 2000.
Smith supported a finding that Randi Fuller died from asphyxia. The Inquiry has found problems with Smith's findings of asphyxia as a causes of death.
But the lead police investigator on the case, who was contacted by phone, downplayed the significance of Smith's involvement.
"We had a confession from the suspect," recalled Lieut. John Nethers of Hamilton, Ohio, police, who was a detective at the time.
"I don't think anything Dr. Smith did could have caused any type of wrongful conviction in this case."
Smith was brought in to bolster evidence provided a forensic pathologist with the Butler County Coroner's Office, who conducted the autopsy, Nethers said.
Because Fuller was accused of a capital crime, which can result in the death penalty, the prosecution searched the Web for another expert to strengthen its case, recalled Nethers yesterday. And, it found Smith, who at the time was on staff at the Hospital for Sick Children and on the medical faculty at the University of Toronto.
"He was great in front of the jury," recalled Nethers, who was stunned to learn yesterday that Smith is now the subject of an inquiry,"...when Dr. Smith was on the stand, everybody in the courtroom seemed interested in what he was saying and was paying attention."
Fuller's attorneys in this case could not be reached for comment yesterday. "(Smith) just looked at some of the stuff and came up with a second opinion on the cause of death, which wasn't any different than what we'd already determined," he said. "I don't think anything he did could've swung anything one way or another."
Judge Matthew Crehan, who presided over the case, agreed. "I think the conviction really hinged upon whether the jury believed (Fuller's) confessions," he recalled in a phone interview yesterday, adding he couldn't even remember Smith or his testimony.
"There was a big question as to the validity of the interrogation techniques and the statement itself...the statement was not recorded and was it accurate? Was the confession actually the word of the police as opposed to the words of the defendant?"
The jury eventually believed the confession because it recommended the death penalty.
But Crehan sentenced Fuller to life in prison without parole. Yesterday, he said he made the controversial decision because Fuller had no prior criminal record, had worked to support his family and had served in the military.
In 2002, the Ohio 12th District Court of Appeals upheld the conviction.
Next: Part Three: Smith testifies in death penalty case: Did Smith level with the court?
Harold Levy...hlevy15@gmail.com;
"The case in question involved the conviction of Christopher Fuller for the March 21. 2000 aggravated murder and attempted rape of his daughter Randi, who was weeks away from turning 3.
Fuller, 31 at the time, pleaded not guilty. He was given a life sentence.
The coalition (a coalition of lawyers who said they had just learned of the case H.L.) has since been in touch with Fuller's lawyer, who had no knowledge of the problems involving Smith.
During the trial, court heard that Fuller told detectives Randi had choked on a glass of water and held her breath, but later admitted he became enraged after the toddler refused his advances for "some loving." Fuller repeatedly told police he hit Randi twice. However, prosecutors said he also suffocated the toddler by pressing on her chest and covering her mouth.
Fuller also admitted to having raped his daughter in May 1999 and February 2000.
Smith supported a finding that Randi Fuller died from asphyxia. The Inquiry has found problems with Smith's findings of asphyxia as a causes of death.
But the lead police investigator on the case, who was contacted by phone, downplayed the significance of Smith's involvement.
"We had a confession from the suspect," recalled Lieut. John Nethers of Hamilton, Ohio, police, who was a detective at the time.
"I don't think anything Dr. Smith did could have caused any type of wrongful conviction in this case."
Smith was brought in to bolster evidence provided a forensic pathologist with the Butler County Coroner's Office, who conducted the autopsy, Nethers said.
Because Fuller was accused of a capital crime, which can result in the death penalty, the prosecution searched the Web for another expert to strengthen its case, recalled Nethers yesterday. And, it found Smith, who at the time was on staff at the Hospital for Sick Children and on the medical faculty at the University of Toronto.
"He was great in front of the jury," recalled Nethers, who was stunned to learn yesterday that Smith is now the subject of an inquiry,"...when Dr. Smith was on the stand, everybody in the courtroom seemed interested in what he was saying and was paying attention."
Fuller's attorneys in this case could not be reached for comment yesterday. "(Smith) just looked at some of the stuff and came up with a second opinion on the cause of death, which wasn't any different than what we'd already determined," he said. "I don't think anything he did could've swung anything one way or another."
Judge Matthew Crehan, who presided over the case, agreed. "I think the conviction really hinged upon whether the jury believed (Fuller's) confessions," he recalled in a phone interview yesterday, adding he couldn't even remember Smith or his testimony.
"There was a big question as to the validity of the interrogation techniques and the statement itself...the statement was not recorded and was it accurate? Was the confession actually the word of the police as opposed to the words of the defendant?"
The jury eventually believed the confession because it recommended the death penalty.
But Crehan sentenced Fuller to life in prison without parole. Yesterday, he said he made the controversial decision because Fuller had no prior criminal record, had worked to support his family and had served in the military.
In 2002, the Ohio 12th District Court of Appeals upheld the conviction.
Next: Part Three: Smith testifies in death penalty case: Did Smith level with the court?
Harold Levy...hlevy15@gmail.com;
Part One: Smith Testifies In Death Penalty Case: The Letter;
I, ALONG WITH MY COLLEAGUES, FOUND YOUR WORK IN THIS CASE TO BE TRULY OUTSTANDING.
I CAN WELL IMAGINE THAT PEDIATRIC FORENSIC PATHOLOGY MUST RANK AMONG THE MOST UNPLEASANT FIELDS OF MEDICINE IN WHICH TO PRACTICE, BUT SOCIETY IS INDEED FORTUNATE THAT A MAN OF YOUR CALIBER HAS CHOSEN TO DO SO.
FROM LETTER SENT BY BUTLER COUNTY (OHIO) ASSISTANT PROSECUTING ATTORNEY JOHN HOLCOMB TO DR. CHARLES SMITH;
The fact that Dr. Charles Smith, a pathologist whose work has been severely discredited in Ontario, gave evidence which contributed to a guilty verdict and helped send someone to prison for life, was revealed Friday in a letter filed with the Goudge Inquiry.
Due to an oversight, this letter, from Butler County Assistant Crown Attorney John Holcomb to Dr. Smith, dated September 22, 2000, did not come to the attention of Lawyers for the Association in Defence of the Wrongly Convicted and for the families affected by Dr. Smith until last week, near the end of the evidence portion of the Inquiry.
(Although the jury recommended the death penalty -as the letter indicates - the trial judge declined to impose it).
Here is the letter:
Sept. 22, 2000;
Dr. Charles Smith
Division of Pathology;
The Hospital For Sick Children;
555 University Ave.
Toronto, Ontario M5G 1X8
Dear Dr. Smith
I thought you might want to know the outcome of the fuller case.
Christopher Fuller was convicted of the aggravated murder and attempted rape of Randi.
Although sentencing is scheduled for October 9, 2000, the jury has recommended that the death penalty be imposed.
The court is likely to follow the jury's recommendation.
I, along with my colleagues, found your work in this case to be truly outstanding.
I can well imagine that pediatric forensic pathology must rank among the most unpleasant fields of medicine in which to practice, but society is indeed fortunate that a man of your caliber has chosen to do so.
Thanks again for your assistance.
I remain
Very truly yours;
John M. Holcomb;
Assistant Prosecuting Attorney;
A note on timing:
Smith's testified on behalf of the prosecution in this death penalty case just ten months after the CBC's Fifth Estate documentary raised serious questions about his competence. (See previous postings: Interrogation of an innocent mother: Parts eleven to fourteen: January, 2008, for the entire script;)
A final note: I don't see any reference to his participation in the U.S. proceedings in Dr. Smith's resume. (A C.V. prepared in 2002);
Hmmmmmm...I wonder why!
Next: Part Two: Smith Testifies In Death Penalty Case: The Case;
Harold Levy...hlevy15@gmail.com;
I CAN WELL IMAGINE THAT PEDIATRIC FORENSIC PATHOLOGY MUST RANK AMONG THE MOST UNPLEASANT FIELDS OF MEDICINE IN WHICH TO PRACTICE, BUT SOCIETY IS INDEED FORTUNATE THAT A MAN OF YOUR CALIBER HAS CHOSEN TO DO SO.
FROM LETTER SENT BY BUTLER COUNTY (OHIO) ASSISTANT PROSECUTING ATTORNEY JOHN HOLCOMB TO DR. CHARLES SMITH;
The fact that Dr. Charles Smith, a pathologist whose work has been severely discredited in Ontario, gave evidence which contributed to a guilty verdict and helped send someone to prison for life, was revealed Friday in a letter filed with the Goudge Inquiry.
Due to an oversight, this letter, from Butler County Assistant Crown Attorney John Holcomb to Dr. Smith, dated September 22, 2000, did not come to the attention of Lawyers for the Association in Defence of the Wrongly Convicted and for the families affected by Dr. Smith until last week, near the end of the evidence portion of the Inquiry.
(Although the jury recommended the death penalty -as the letter indicates - the trial judge declined to impose it).
Here is the letter:
Sept. 22, 2000;
Dr. Charles Smith
Division of Pathology;
The Hospital For Sick Children;
555 University Ave.
Toronto, Ontario M5G 1X8
Dear Dr. Smith
I thought you might want to know the outcome of the fuller case.
Christopher Fuller was convicted of the aggravated murder and attempted rape of Randi.
Although sentencing is scheduled for October 9, 2000, the jury has recommended that the death penalty be imposed.
The court is likely to follow the jury's recommendation.
I, along with my colleagues, found your work in this case to be truly outstanding.
I can well imagine that pediatric forensic pathology must rank among the most unpleasant fields of medicine in which to practice, but society is indeed fortunate that a man of your caliber has chosen to do so.
Thanks again for your assistance.
I remain
Very truly yours;
John M. Holcomb;
Assistant Prosecuting Attorney;
A note on timing:
Smith's testified on behalf of the prosecution in this death penalty case just ten months after the CBC's Fifth Estate documentary raised serious questions about his competence. (See previous postings: Interrogation of an innocent mother: Parts eleven to fourteen: January, 2008, for the entire script;)
A final note: I don't see any reference to his participation in the U.S. proceedings in Dr. Smith's resume. (A C.V. prepared in 2002);
Hmmmmmm...I wonder why!
Next: Part Two: Smith Testifies In Death Penalty Case: The Case;
Harold Levy...hlevy15@gmail.com;
Subscribe to:
Posts (Atom)
