UP-DATE; DR. STEVEN HAYNE; MISSISSIPPI PAPER REPORTS DR. STEVEN HAYNE MAY "SOON" BE PERFORMING AUTOPSIES FOR SEVERAL COUNTIES; CLARION - LEDGER;

"HAYNE AND HATTIESBURG DENTIST MICHAEL WEST ARE BEING SUED FOR THEIR TESTIMONY ABOUT THE 1992 RAPE AND SLAYING OF A 3-YEAR-OLD GIRL THAT LED TO THE DEATH SENTENCE FOR KENNEDY BREWER, WHO IS SUING THE PAIR FOR $18 MILLION.

BREWER WAS FREED AFTER SPENDING 15 YEARS IN PRISON FOR A CRIME AUTHORITIES NOW SAY DNA SHOWS HE DID NOT COMMIT. ANOTHER MAN HAS BEEN CHARGED WITH THAT CRIME."

REPORTER JERRY MITCHELL; CLARION - LEDGER;

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The Clarion - Ledger story by reporter Jerry Mitchell, published earlier today, runs under the heading "doctor may be back in business" and the sub-heading, "Embattled pathologist Dr. Steven Hayne of Brandon is expected to be back in business soon, doing autopsies for several Mississippi counties."

(Wikipedia describes the Clarion-Ledger as, "the Pulitzer Prize winning daily newspaper of Jackson, Mississippi. It is the second oldest company in the state of Mississippi and is one of only a few newspapers in the nation that continues to circulate statewide. It is an operating division of Gannett River States Publishing Corporation, which is owned by Gannett Company.")

"If the Holmes County Board of Supervisors votes Monday in favor of joining a regional medical examiner district that already includes Yazoo and Humphreys counties, the district will be able to hire the pathologist of its choice," the story begins;

"That choice is expected to be Hayne, Yazoo County Coroner Ricky Shivers said. "Dr. Hayne is more available. The pathologists that come down from Tennessee ... you try to get ahold of them, but they're bad about not returning phone calls. They're out of state and out of contact," the story continues.

"He said District Attorney James Powell was the one pushing for this. Powell could not be reached for comment Friday.

Last year, the Department of Public Safety removed Hayne from Mississippi's designated list of pathologists after the New York-based Innocence Project had accused him of sloppy work. The organization also filed a complaint with the state Board of Medical Licensure, calling on the board to strip his medical license.

After examining the allegations, the board sided with Hayne, who is now suing Innocence Project officials for defamation.

Shivers recently asked Attorney General Jim Hood whether two or more adjacent counties could form their own regional medical examiner districts, and the opinion from Hood's office was that they could.

Eric Ferrero, spokesman for the Innocent Project, called the creation of a new district "deeply troubling. You really have to wonder why a district attorney or coroner would be so dead set on hiring someone who doesn't meet the credentials for the job."

Ferrero said Hayne is not board certified in forensic pathology.

"Leaders of mainstream forensic organizations have seriously questioned his practices," he said.

Just because Hood has said what the counties are doing is legal "doesn't release anybody from liability if Hayne reaches conclusions not supported by science as he has in other cases," he said.

Asked about the counties creating a regional medical examiner district, Sam Howell, director of the state Crime Lab, responded: "According to the attorney general, they can do it."

Asked if the Crime Lab will be available for testing, he said he didn't know.

The law sets up "central forensic districts," he said, but doesn't address how they will be handled.

Public Safety Commissioner Steve Simpson, who has previously questioned the use of Hayne, would not comment Friday.

Tucker Carrington, director of the Mississippi Innocence Project, said a number of people are interested in improving the criminal justice system in Mississippi.

"The Legislature passed DNA legislation last term - with the help of prosecutors, law enforcement and defense attorneys, among others," he said. "Commissioner Simpson is trying to find the money to pay and then a candidate to be a full-time state medical examiner."

But others, for whatever reason, insist on mediocrity over professional integrity, he said. "Those people insist that Dr. Hayne and the work he does is good enough."

Hayne's attorney, Dale Danks Jr., said Hayne is "board-certified, not as a forensic pathologist but in other areas of pathology."

As to if more counties will hire Hayne, "We really just have to wait and see," he said.

In the 1990s, Mississippi had a state medical examiner in Dr. Emily Ward, but many coroners continued to hire Hayne to conduct autopsies for their counties.

Hayne and Hattiesburg dentist Michael West are being sued for their testimony about the 1992 rape and slaying of a 3-year-old girl that led to the death sentence for Kennedy Brewer, who is suing the pair for $18 million.

Brewer was freed after spending 15 years in prison for a crime authorities now say DNA shows he did not commit. Another man has been charged with that crime.

In the case, Hayne called in West, a forensic dentist, to identify possible bite marks on the girl, and West testified Brewer had made those bite marks - testimony West continues to stand behind.

Former Justice Oliver Diaz Jr., who has previously raised concerns regarding Hayne's qualifications, said the problem for prosecutors using Hayne now as an expert is that "they're opening their case to a lot of cross-examination simply because of all the information that's come out on Dr. Hayne."

Danks said there is no question about Hayne's qualifications. "He has served as the chief pathologist at various institutions and is certainly an expert in the field. Courts wouldn't accept him if he wasn't qualified.""


The story can be found at:

ahttp://www.clarionledger.com/article/20090822/NEWS/908220354/Doctor-may-be-back-in-business

Harold Levy...hlevy15@gmail.com;

UP-DATE: MISSISSIPPI'S MEDICAL EXAMINER SYSTEM; DR. STEVEN HAYNE PROVES TO BE A HARD ACT TO FOLLOW! MEDICAL EXAMINERS PROVIDED BY PRIVATE COMPANY;

"HAYNE WAS REMOVED FROM THE DESIGNATED LIST OF PATHOLOGISTS AFTER THE NEW YORK-BASED INNOCENCE PROJECT HAD ACCUSED HIM OF SLOPPY WORK AND HAD FILED A COMPLAINT WITH THE STATE BOARD OF MEDICAL LICENSURE, CALLING ON THE BOARD TO STRIP HIM OF HIS MEDICAL LICENSE.

AFTER EXAMINING THE ALLEGATIONS, THE BOARD OF MEDICAL LICENSURE SIDED WITH HAYNE. HAYNE IS NOW SUING INNOCENCE PROJECT OFFICIALS FOR DEFAMATION.

HAYNE ALSO IS BEING SUED, ALONG WITH HATTIESBURG DENTIST MICHAEL WEST, FOR THEIR TESTIMONY ABOUT THE 1992 RAPE AND SLAYING OF A 3-YEAR-OLD GIRL THAT LED TO THE DEATH SENTENCE FOR KENNEDY BREWER.

BREWER IS SUING THE PAIR FOR $18 MILLION. HE WAS FREED AFTER SPENDING 15 YEARS IN PRISON FOR A CRIME AUTHORITIES NOW SAY DNA SHOWS HE DID NOT COMMIT. ANOTHER MAN HAS BEEN CHARGED WITH THAT CRIME."

REPORTER JIMMIE E. GATES; THE CLARION LEDGER;

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As the following story by Clarion Ledger report Jimmie E. Gates tells us the State of Mississippi still has not repaired its seriously flawed medical examiner system;

"Efforts to hire the state's first medical examiner since the mid-1990s could be scaled back for some time," Gate's story, published today under the heading: "Finding a state medical examiner continues to drag on," begins;

""We have not found a suitable candidate," state Public Safety Commissioner Steve Simpson said last week. "We will continue to search," the story continues;

"A medical examiner is a key leadership position in death investigations. Mississippi has been criticized for years for not filling the position in the Department of Public Safety as well as not adequately funding it.

Simpson, who completed his first year as commissioner last week, said the reason for the delay in hiring probably is because of two factors:

The lack of available, board-certified forensic pathologists; and

Most forensic pathologists are performing other duties and, therefore, are paid more than the $250,000 annual salary the state is offering.

"We may look at raising the salary," Simpson said.

The state's last medical examiner, Emily Ward, left in 1995 and the position has been vacant since.

Last year, state lawmakers allocated $500,000 in one-time money toward the office.

Lawmakers have said they'll continue to support the office, but funds will be harder to come by during this recession.

Simpson said the delay in hiring will allow the state time to get a permanent salary in place.

In the meantime, the state will advertise for proposals from companies to perform autopsies.

For years, many counties had relied on Dr. Steve Hayne to do autopsies. But in August, Simpson removed Hayne from a list of approved pathologists.

The state has contracted with Forensic Medical Inc. of Nashville to conduct autopsies here. The company is paid $1,000 per autopsy.

Simpson said he has heard of no complaints from coroners about the company.

Jefferson Davis County Coroner Greg Blackwell said the company has worked well for his county.

Hayne was removed from the designated list of pathologists after the New York-based Innocence Project had accused him of sloppy work and had filed a complaint with the state Board of Medical Licensure, calling on the board to strip him of his medical license.

After examining the allegations, the Board of Medical Licensure sided with Hayne. Hayne is now suing Innocence Project officials for defamation.

Hayne also is being sued, along with Hattiesburg dentist Michael West, for their testimony about the 1992 rape and slaying of a 3-year-old girl that led to the death sentence for Kennedy Brewer.

Brewer is suing the pair for $18 million. He was freed after spending 15 years in prison for a crime authorities now say DNA shows he did not commit. Another man has been charged with that crime.

Simpson said he is certain the Nashville company will be one of the bidders to provide the services during the next fiscal year that begins July 1.

The company could not be reached for comment last week. The company rotates a pathologist every week to perform autopsies in Mississippi. The pathologist works out of the medical examiner's office at the state Crime Lab."

Harold Levy...hlevy15@gmail.com;

UPDATE; LEVON BROOKS AND KENNEDY BREWER; ASSOCIATED PRESS REPORTS DR. MICHAEL WEST'S RESPONSE TO THEIR FEDERAL LAWSUITS;

“DISTRICT ATTORNEY RONNIE HARPER OF LAUDERDALE COUNTY SAID WEST WAS ONCE ACCEPTED AS AN EXPERT BY COURTS ALL OVER THE SOUTH.

"THIS IS NOT SOME WITCH DOCTOR THAT PEOPLE WERE CALLING BECAUSE THEY DIDN'T HAVE ANY OTHER EVIDENCE. PEOPLE THOUGHT THE GUY KNEW WHAT HE WAS TALKING ABOUT," HARPER SAID.”

REPORTER SHELIA BYRD: THE ASSOCIATED PRESS;
PHOTOS: LEVON BROOKS (RIGHT); KENNEDY BREWER (LEFT);

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Dr. Michael West purports to have "lost faith in the system" in an interview with the Associated Press on the topic of the federal lawsuits launched by Levon Brooks and Kennedy Brewer in connection with their wrongful convictions;

"JACKSON, Miss. -- Dr. Michael West was once one of the go-to forensics experts for prosecutors across the country, having built a reputation for success in tying suspects to a crime, particularly when it came to bite marks," the story by reporter Shelia Byrd begins, under the heading "Miss. bite-mark expert breaks silence for lawsuit."

"In recent years, as more of his expert testimony has come into question, West has kept a low profile, declining to publicly defend himself against allegations some of his techniques were bogus," the story, published on May 1, 2009, continues;

"The Hattiesburg dentist has broken his silence in response to federal lawsuits filed by two Mississippi men sent to prison in separate cases more than a decade ago for crimes they didn't commit. Kennedy Brewer, who spent several years on death row, and Levon Brooks argue they were convicted of the brutal deaths of two children, in large part, because West had testified they left bite marks on the victims.

In an interview with The Associated Press, West defended his testimony, saying he never said either suspect had raped or murdered the girls.

"I testified that both of these men had bitten these children while they were alive. The bite marks were inflicted ante-mortem. As to who killed them and who raped them, I don't know and I did not testify to," West said.

Dr. Steven Hayne, a former state pathologist who conducted autopsies on the girls' bodies, had first identified the marks in the 1990s.

The lawsuits filed in U.S. District Court in Jackson contend West and Hayne acted with malice and reckless disregard for the plaintiffs' constitutional rights. They also said both men were acting under what is known as "the color of law" - meaning the alleged crime was committed while they were acting in their official capacities.

"What did I testify to that was incorrect? If they knew that they didn't kill this child and I never testified that they killed this child, where have I torted them?" West said.

One of West's defenses is that Brooks and Brewer waited too long to file their lawsuits. Brewer was convicted of capital murder in 1995 and sentenced to death for raping and killing 3-year-old Christine Jackson. Brooks was convicted in 1992 and sentenced to life in prison for the rape and murder of Courtney Smith. She also was 3.

West, in court documents filed this week, also says his testimony wasn't the basis of Brewer's conviction, saying it wasn't the "the centerpiece of the prosecution."

A panel of forensic experts that later examined the Brewer case said the wounds on Christine were not human bites, but were probably caused by crawfish and insects nibbling on the corpse, decomposition and rough handling when the body was pulled from the pond where it was found.

The two men were cleared of the charges in 2008 after a third man allegedly confessed to both murders.

The Innocence Project, a New York-based attorneys group that works on behalf of inmates believed to be wrongly convicted, is reviewing other cases that involved Hayne and West.

West's answer to the litigation tracks that of Hayne, who is represented by Jackson attorney Dale Danks Jr.

West filed his court documents himself. He said he cannot afford to hire an attorney to defend himself in three lawsuits. Brewer has also filed suit against him in state court.

West is now shunned by some of the district attorneys who used to rely on his expertise to aid prosecutions.

"I told Dr. West years ago that we were not going to use him anymore because, quite frankly, he carries too much baggage," said District Attorney Forrest Allgood in Columbus. "You spent your whole trial defending him as opposed to trying the defendant."

Allgood had prosecuted Brooks and Brewer on the murder charges.

West's credibility came under attack in his testimony in a 1993 murder case. Prosecutors had used bite marks from a partially eaten sandwich found at the victim's home to build a case against Calvin Banks of West Point. West had linked Banks to the crime after examining the sandwich, but then he threw it away. Banks was convicted, but it was later overturned by the state Supreme Court because of the missing evidence.

West resigned from the American Academy of Forensic Sciences in 1994 and the American Board of Forensic Odontology in 2006 after ethics complaints were brought against him.

West said he's given testimony over 80 times in 10 states and has conducted over 16,000 death investigations over a 30-year career, but now he only practices dentistry at a clinic in Hattiesburg.

"I don't want to do any more death information. I don't want public office," West said. "I've lost faith in the system."

District Attorney Ronnie Harper of Lauderdale County said West was once accepted as an expert by courts all over the South.

"This is not some witch doctor that people were calling because they didn't have any other evidence. People thought the guy knew what he was talking about," Harper said.

Harper said West never worked a case with him. But years ago, the dentist was called in to verify a woman's suicide in Lauderdale County. He did so by detecting gunmetal residue on her fingers, Harper said.

Alternate light imaging that West pioneered is still being used today, said Dr. Robert Barsley, a Louisiana State University dental professor and the secretary of the American Academy of Forensic Science.

"In fact, in dentistry today, it's used to detect cancer," said Barsley, a friend of West.

Barsley acknowledged the attention surrounding West hasn't helped the use of bite mark evidence at trial.

"Certainly in some cases, not only Dr. West's cases, people disagreed with the results of odontology. Anytime you have disagreements that lessens the impact of the evidence," Barsley said."

Harold Levy...hlevy15@gmail.com;