DR. AUBREY LEVIN; FORENSIC PSYCHIATRIST ALLEGED TO HAVE SEXUALLY ASSAULTED YOUNG PATIENTS UNDER COURT ORDER HAS CONTROVERIAL BACKGROUND IN S.A. CBC;

"Levin is not unfamiliar with controversy.

While a colonel in the South African military under apartheid in the 1970s, he was linked to the use of electroshock aversion therapy, now widely discredited, that was supposed to "cure" gays and lesbians of their homosexuality.
Dr. Aubrey Levin isn't new to controversy, having been linked to the use of electroshock aversion therapy on homosexual soldiers when he was a colonel in the apartheid South Africa military.Dr. Aubrey Levin isn't new to controversy, having been linked to the use of electroshock aversion therapy on homosexual soldiers when he was a colonel in the apartheid South Africa military.

Levin's activities were brought up during South Africa's Truth and Reconciliation Commission, but he was never prosecuted for them."

CANADIAN BROADCASTING CORPORATION;

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BACKGROUND: Dr. Aubrey Levin, 71, was first arrested and charged March 23 after allegations that a 36-year-old patient was repeatedly sexually assaulted. Calgary Police said that following that charge, “the sex crimes unit was approached by numerous people alleging they, too, were Sexually assaulted by Levin during counselling sessions or court-ordered visits. These assaults allegedly occurred at Levin's Peter Lougheed (hospital) office or examination rooms. Dr. Levin has now been charged with 20 additional counts of sexual assault involving 20 other patients. Alberta Justice has been reviewing all criminal cases in which Dr. Levin offered testimony to ensure there were no miscarriages of justice. Spokesman David Dear said the work in 17 cases in which Dr. Levin was currently involved has been redone by other psychiatrists. The department is currently reviewing 21 other cases which had been finished. Mr. Dear said that Dr. Levin most commonly gave expert testimony to help the court make decisions on sentencing for people who had already been convicted.

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"Calgary psychiatrist Dr. Aubrey Levin faces 21 charges of sexual assault, based on allegations by patients.Calgary psychiatrist Dr. Aubrey Levin faces 21 charges of sexual assault, based on allegations by patients," the CBC News story published on December 22, 2010, under the heading, "Alberta seeks patients of courtroom psychiatrist: 21 male patients ordered to see Dr. Aubrey Levin have alleged sexual assault," begins.

"The Alberta government is quietly trying to find out if there may be more alleged victims of a Calgary psychiatrist already charged with sexually assaulting some patients," the story continues.

"CBC News has learned that Alberta Justice has recently sent out letters to defence lawyers, asking for help from their clients.

Dr. Aubrey Levin, who was used as a forensic psychiatrist by Alberta courts for years, was charged earlier this year with sexually assaulting 21 male patients.

One of the letters arrived at the office of Calgary lawyer Adriano Iovinelli.

"This is the first time in 16 years that we've ever seen [such a letter]," said Iovinelli. "This is unprecedented."
'Significant position of power'

The letter was sent to lawyers whose clients had been ordered by the court to see Levin "on many occasions." It states: "If you have any concerns about Dr. Levin in his professional capacity, you may also wish to contact the Calgary Police Service."

Alberta Justice said that so far, 59 such letters had been sent out.

"Our primary concern is to see that justice is done," said David Dear, spokesman for the ministry. "Was there any chance that in these cases, from what we can find in the file, that there was anything inappropriate … that may have improperly influenced the outcome?"
Alberta Justice has sent out 59 letters to lawyers whose clients were under court orders to see Dr. Aubrey Levin.Alberta Justice has sent out 59 letters to lawyers whose clients were under court orders to see Dr. Aubrey Levin. (CBC)

Levin, 72, was employed by the courts on numerous occasions where those convicted were ordered to see him before a judge passed sentence.

"It's a court-ordered report," said Iovinelli. "So imagine being an accused and you are looking at a further period of incarceration, a significant period of incarceration, and the opinion of this particular doctor may determine that effect.

"It's a very significant position of power."

Twenty-one men have alleged they were sexually assaulted by Levin during court-ordered psychiatric assessments or counselling sessions, either in his office at the Peter Lougheed hospital in Calgary or in examination rooms.
Linked to apartheid electroshock therapy

Levin is not unfamiliar with controversy.

While a colonel in the South African military under apartheid in the 1970s, he was linked to the use of electroshock aversion therapy, now widely discredited, that was supposed to "cure" gays and lesbians of their homosexuality.
Dr. Aubrey Levin isn't new to controversy, having been linked to the use of electroshock aversion therapy on homosexual soldiers when he was a colonel in the apartheid South Africa military.Dr. Aubrey Levin isn't new to controversy, having been linked to the use of electroshock aversion therapy on homosexual soldiers when he was a colonel in the apartheid South Africa military. (CBC)

Levin's activities were brought up during South Africa's Truth and Reconciliation Commission, but he was never prosecuted for them.

The Alberta College of Physicians and Surgeons, which licensed him in the 1990s, said Levin remains under suspension until his criminal charges are dealt with.

Calgary police won't say if more people have come forward as a result of the letters sent by Alberta Justice.

Nor will the government say how many more people will be contacted, only that Levin was employed by the courts for nearly 13 years.

A preliminary hearing is scheduled for Levin in June."

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The story can be found at:

http://www.cbc.ca/health/story/2010/12/22/calgary-aubrey-levin-psychiatrist-sexual-assault-victim-search.html?ref=rss

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://smithforensic.blogspot.com/2010/07/new-feature-cases-issues-and.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

MICHAEL LOMER: TORONTO STAR OBIT SALUTES THE "PASSIONATE DEFENDER" WHO PERSISTED 12 YEARS TO SEE WM. MULLINS-JOHNSON FINALLLY SET FREE; THE STAR.

"But after nearly two decades in the trenches, Lomer grew disillusioned with the criminal justice system.

A lot of it had to do with the case of William Mullins-Johnson, the Sault Ste. Marie man who, at 24, was convicted of sexually assaulting and murdering his four-year-old niece, Valin, and sentenced to 12 years in prison.

Lomer took on his appeal in 1994 and soon realized the evidence didn’t add up. But it would be years before the justice system acknowledged that Mullins-Johnson was one of at least 14 people wrongly convicted on the basis of flawed evidence from Dr. Charles Smith, then the undisputed guru of pediatric forensic pathology.

In 1996, Lomer managed to persuade one member of a three-judge panel of the Ontario Court of Appeal that Mullins-Johnson’s first-degree murder conviction should be set aside, for reasons unrelated to the pathology evidence. But the majority upheld his conviction.

Years later, Mullins-Johnson would tell the court that his conviction destroyed him and he lived every day in prison with the fear of being killed.

The case also haunted Lomer.

“It just soured him,” said Reed. “He was so upset by it. He was so sure he was innocent.”

Lomer clung to that belief for twelve years. In 2008, when Mullins-Johnson’s conviction was quashed by the Ontario Court of Appeal, Lomer was a member of the defence team.

It was one of his last appearances in lawyers’ robes..."

LEGAL AFFAIRS REPORTER TRACY TYLER; THE TORONTO STAR.

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"Michael Lomer’s sense of justice inspired him to become a criminal lawyer, but it was also what drove him from his profession," the Toronto Star obituary by Legal Affairs reporter Tracy Tyler published earlier today begins, under the heading, "Michael Lomer, 59: A passionate defender."

"He had a natural affinity for the underdog, which friends noticed as far back as high school in Don Mills, when he was always the first to stand up for any classmate who was picked on by a teacher," the obituary continues.

"Lomer died Dec. 13 at 59. Friends and family who gathered for his funeral Tuesday at Kingston Road United Church remembered a quietly passionate man who was a skilled sailor and knowledgeable about astronomy, music and art.

But being a defence lawyer was Lomer’s calling and, for many years, his love. He fought on behalf of the indigent and appeared before Commons justice committees in Ottawa, voicing the Ontario defence bar’s concerns about crime bills that potentially threatened individual liberties.

Becoming a judge just never appealed to him.

“He said, ‘Why would I be a referee, when I can be one of the players?’” recalled his partner, Marilyn Reed.

But after nearly two decades in the trenches, Lomer grew disillusioned with the criminal justice system.

A lot of it had to do with the case of William Mullins-Johnson, the Sault Ste. Marie man who, at 24, was convicted of sexually assaulting and murdering his four-year-old niece, Valin, and sentenced to 12 years in prison.

Lomer took on his appeal in 1994 and soon realized the evidence didn’t add up. But it would be years before the justice system acknowledged that Mullins-Johnson was one of at least 14 people wrongly convicted on the basis of flawed evidence from Dr. Charles Smith, then the undisputed guru of pediatric forensic pathology.

In 1996, Lomer managed to persuade one member of a three-judge panel of the Ontario Court of Appeal that Mullins-Johnson’s first-degree murder conviction should be set aside, for reasons unrelated to the pathology evidence. But the majority upheld his conviction.

Years later, Mullins-Johnson would tell the court that his conviction destroyed him and he lived every day in prison with the fear of being killed.

The case also haunted Lomer.

“It just soured him,” said Reed. “He was so upset by it. He was so sure he was innocent.”

Lomer clung to that belief for twelve years. In 2008, when Mullins-Johnson’s conviction was quashed by the Ontario Court of Appeal, Lomer was a member of the defence team.

It was one of his last appearances in lawyers’ robes.

He had soldiered on after Mullins-Johnson’s conviction was upheld in 2006 and there were gratifying moments. Lomer was proud of having appeared in the Supreme Court of Canada in the case known as United States v. Burns, which shut the door on the death penalty ever returning to Canada.

But he was also increasingly disenchanted with the direction the criminal law was taking.

“The Criminal Code was getting thicker and thicker, with more laws and longer sentences,” said lawyer James Lockyer, a close friend.

Two years ago, Lomer shut down his practice and enrolled at York University to study art history and astronomy. He also helped care for his sister, Janet, who died of cancer last February.

When summer came, he devoted himself to some serious sailing. He helped a friend bring a boat home from Cuba. He also sailed from North Carolina to the Virgin Islands.

Sometimes he would lean back with a glass of wine and look toward the constellations.

“He knew the heavens better than many of us know the streets of Toronto,” said friend and fellow sailor Martyn Lyne.

Earlier this month, Lomer felt unusually tired and developed leg pains. At the hospital, doctors discovered he had pulmonary embolisms, but believed they were treating them successfully.

Lomer’s daughter, Corrin, 24, said she and sister, Eliza, 21, are grateful their father spent the past two years enjoying life and pursuing his eclectic interests, which recently came to include learning to sew, so he could repair torn sails while at sea.

Lomer’s mother loaned him her sewing machine and, for Reed, the memory of him driving his motorcycle to her home to collect it sums him up perfectly.

“There was Michael with a sewing machine on the back of his bike, heading out for a sewing lesson on his way to his astronomy class.”"

The obituary can be found at:

http://www.thestar.com/news/crime/article/911793--michael-lomer-59-a-passionate-defender

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

KEVIN COOPER: LOS ANGELES TIMES CALLS UPON GOVERNOR SCHWARZENEGGER TO SAVE CONDEMNED MAN'S LIFE;

"Fletcher wrote that Cooper "is probably innocent of the crimes for which the state of California is about to execute him." Whether or not that's true, the judge makes a compelling argument that sheriff's office investigators planted evidence in order to convict Cooper and discarded or disregarded other evidence pointing to other killers — creating not just reasonable but serious doubt about his guilt.

This newspaper opposes the death penalty under any circumstances, and we wouldn't object if the governor commuted the sentences of all 697 people on California's death row. But execution is especially outrageous when the prisoner may be innocent. Gov. Schwarzenegger should commute Cooper's sentence."

EDITORIAL: THE LOS ANGELES TIMES.

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BACKGROUND: As New York Times columnist Nicholas Kristof wrote in a column headed "Framed For Murder?": "California may be about to execute an innocent man. That’s the view of five federal judges in a case involving Kevin Cooper, a black man in California who faces lethal injection next year for supposedly murdering a white family. The judges argue compellingly that he was framed by police. Mr. Cooper’s impending execution is so outrageous that it has produced a mutiny among these federal circuit court judges, distinguished jurists just one notch below the United States Supreme Court. But the judicial process has run out for Mr. Cooper. Now it’s up to Gov. Arnold Schwarzenegger to decide whether to commute Mr. Cooper’s sentence before leaving office.

WIKIPEDIA presents a thorough account of the Cooper case at:

http://en.wikipedia.org/wiki/Kevin_Cooper_%28inmate%29


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"Even supporters of capital punishment should object to the execution of someone whose guilt is in serious question. That's the case with Kevin Cooper, who was convicted of four gruesome murders in Chino Hills nearly three decades ago," the Los Angelese Times editorial published earlier today begins.

"Now that the federal courts have failed to prevent Cooper's execution, the burden is on Gov. Arnold Schwarzenegger to commute his sentence to life imprisonment," the editorial continues.

"On the night of June 4, 1983, three members of the Ryen family and an 11-year-old houseguest were hacked to death. Eight-year-old Josh Ryen, his throat cut, was left for dead, but survived. The San Bernardino County Sheriff's Department focused on Cooper, who had been living in a house near the Ryens' after escaping from a state prison. The day after the murders, Cooper checked into a hotel in Tijuana. Investigators theorized that he had traveled to Mexico in the Ryens' station wagon.

Cooper was convicted after Josh Ryen testified that he had seen a single individual or shadow at the murder scene. Other evidence included a bloody footprint on a bedsheet made by a shoe that supposedly was manufactured only for prisons, and the discovery in the Ryens' station wagon of cigarette butts of the brand smoked by Cooper.

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But much of the evidence against Cooper has been seriously questioned, most comprehensively in an opinion by Judge William A. Fletcher of the U.S. 9th Circuit Court of Appeals, who dissented from a decision not to hear an appeal by Cooper. Fletcher noted that Josh originally said the killers were three white or Hispanic men (Cooper is black); that the warden of the prison where Cooper had been incarcerated said the shoe that made the bloody footprint was sold to the public; and that the cigarette butts, which were not found in the original inspection of the car, could easily have been planted. What's more, the station wagon turned up in Long Beach.

Fletcher also noted that a woman said that on the day of the murders, her former boyfriend had been wearing a T-shirt similar to one found near the crime scene. She also said he showed up at her house wearing blood-spattered coveralls. (The coveralls were discarded by a sheriff's deputy.) Another woman reported finding a second, possibly bloodstained, shirt on a road near the Ryens' house. And on the night of the murders, two or three men in bloody clothes were seen in a bar near the crime scene.

Finally, long after his conviction, as Cooper was pursuing appeals, a blood test was performed on the T-shirt; according to analysts, the test detected Cooper's DNA. At first, that seemed to be the incontrovertible scientific evidence that had for so long been elusive — but Fletcher noted that the blood on the T-shirt contained signs of a preservative used by the sheriff's office to preserve blood in a laboratory for later testing. According to the judge, that suggested the blood "had been planted on the T-shirt."

Fletcher wrote that Cooper "is probably innocent of the crimes for which the state of California is about to execute him." Whether or not that's true, the judge makes a compelling argument that sheriff's office investigators planted evidence in order to convict Cooper and discarded or disregarded other evidence pointing to other killers — creating not just reasonable but serious doubt about his guilt.

This newspaper opposes the death penalty under any circumstances, and we wouldn't object if the governor commuted the sentences of all 697 people on California's death row. But execution is especially outrageous when the prisoner may be innocent. Gov. Schwarzenegger should commute Cooper's sentence."

The editorial can be found at:

http://www.latimes.com/news/opinion/editorials/la-ed-cooper-20101223,0,6639888.story

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

HASSAN DIAB: PROSECUTOR ACCUSES DEFENCE HANDWRITING EXPERTS OF COLLUSION; OTTAWA CITIZEN;

"During cross-examination by Crown prosecutor Claude LeFrançois, New Jersey-based forensic document examiner John Paul Osborn agreed that the three experts had met both via a Skype Internet conference call and later at a conference in Victoria, where they discussed French handwriting evidence being used against Diab.

LeFrançois said the three experts, well known to each other, wanted to make sure they were “reading from the same songbook.

“Wouldn’t it have been better just to act alone?” he asked Osborn. “Weren’t you concerned about your objectivity being compromised by these meetings?”

Osborn, a 28-year veteran of forensic document analysis, rejected the accusation and said he was confused by the French handwriting analysis and wanted to discuss it with his longtime colleagues to ensure “I wasn’t crazy.”"

REPORTER CHRIS COBB: OTTAWA CITIZEN;

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"OTTAWA — The second of three handwriting experts testifying for the defence at the Hassan Diab extradition hearing denied Wednesday that the trio had met to devise a “collective strategy” ahead of each of their court appearances," reporter Chris Cobb's Ottawa Citizen story published earlier today under the heading, "Ottawa prosecutor accuses handwriting experts of working together in Diab case," begins.

"During cross-examination by Crown prosecutor Claude LeFrançois, New Jersey-based forensic document examiner John Paul Osborn agreed that the three experts had met both via a Skype Internet conference call and later at a conference in Victoria, where they discussed French handwriting evidence being used against Diab," the story continues.

"LeFrançois said the three experts, well known to each other, wanted to make sure they were “reading from the same songbook.

"“Wouldn’t it have been better just to act alone?” he asked Osborn. “Weren’t you concerned about your objectivity being compromised by these meetings?”

Osborn, a 28-year veteran of forensic document analysis, rejected the accusation and said he was confused by the French handwriting analysis and wanted to discuss it with his longtime colleagues to ensure “I wasn’t crazy.”

“I believe I was being very diligent in not allowing anything I heard to influence anything in my review,” he said. “It is part of my job not to be influenced and maintain independence no matter what others say.”

France wants the former University of Ottawa professor extradited to stand trial for murder in the deaths of four passersby who were killed in a terrorist bomb blast 30 years ago outside the Rue Copernic synagogue in central Paris. More than 40 others were injured.

Diab, a Lebanon-born Canadian citizen, says he is the innocent victim of mistaken identity.

Ontario Superior Court Justice Robert Maranger, who will rule on whether the French have provided sufficient reliable evidence to justify Diab’s extradition, has allowed defence lawyer Donald Bayne to call the three internationally renowned experts.

Bayne says the three will prove that crucial French handwriting analysis is “manifestly unreliable” — the only defence option in extradition hearings, where the law requires that all evidence from requesting countries be accepted by Canadian courts as reliable unless a compelling case can be made to the contrary.

Federal Crown prosecutors, who have labelled handwriting evidence “the smoking gun”, fought hard to have Bayne’s trio of experts barred from testifying.

It is more or less accepted that the man who signed into a Paris hotel using the false name Alexander Panadriyu was also the person who planted the bomb in a motorcycle saddlebag outside the synagogue. French police compared that hotel card signature with Diab’s writing on mid-1990s United States government documents and it is those comparisons that are the centre of the handwriting analysis argument.

Osborn and former RCMP forensic document examiner Brian Lindblom have both strongly condemned the French analysis, saying it had been produced by someone with little or no acquaintance with international standards of forensic document examination.

The French analysis “has flaws so critical as to render the determinations wholly unreliable,” said Osborn.

The third expert — from the United Kingdom — is due to testify in early January.

In his 1½-day cross examination of Osborn, the two frequently locked horns on word definitions and often on whether Osborn’s written criticisms were a “report” or a “review” of the French analysis.

Osborn maintained throughout that his comments on French methodology were a “review” because it was not a report on French handwriting evidence but a review of the methodology used by the French analyst.

A review, added Osborn, is not as subject to the same rigorous professional standards as a report, which moved LeFrançois to accuse Osborn of “loosey goosey” analysis and giving himself licence to make unfounded criticisms of the French evidence.

“You can go to town on a review,” said LeFrançois, “because such a thing doesn’t exist, does it?

“Yes, it does,” responded Osborn, holding his review/report. “It’s here.”

The hearing continues in early January."

The story can be found at:

http://www.ottawacitizen.com/news/Ottawa+prosecutor+accuses+handwriting+experts+working+together+Diab+case/4015925/story.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: ALLIANCE INCLUDING CURRENT AND FORMER PROSECUTORS, JUDGES POLICE CHIEFS AND GOVERNORS WANTS BAIRD INQUIRY TO RESUME; AP;

"In their amicus brief, the group of current and former law enforcement officials, lawmakers, exonerees and crime victims said the hearing was crucial as "confidence in the criminal justice system is shaken when problems go unaddressed."

"The tie that binds this diverse group of citizens together is the profound philosophical and practical concern that the Texas death penalty, as currently applied, unreasonably and substantially risks the conviction and execution of the innocent," wrote Walter Long, the group's attorney.

The group includes former Texas Gov. Mark White; former Maryland Gov. Parris Glendening; former Indiana Gov. Joe Kernan; six former federal prosecutors; five former state and federal judges; 12 current state lawmakers from California, Connecticut, Maryland, Nevada, New Jersey, New Mexico and Texas; current and former police chiefs from Connecticut, New Hampshire, New Jersey and Washington; and six death row exonerees from around the country."

REPORTER JUAN LOZANO; THE ASSOCIATED PRESS;

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BACKGROUND OF REVIEW: District Judge Charlie Baird agreed to hold the unprecedented two-day hearing to consider evidence on whether Cameron Todd Willing­ham was actually innocent of and executed for a crime that never occurred. Willingham was executed in 2004 in connection with a fire in his home in Corsicana that claimed the lives of his three young children. State officials – including the State Fire Marshal's Office – concluded that the 1991 fire had been deliberately set by Willingham; Willing­ham maintained his innocence from the outset.

BACKGROUND OF WILLINGHAM CASE: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses were suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

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"HOUSTON (AP) - An alliance of nearly 60 current and former prosecutors, judges, police chiefs, governors, death row exonerees and crime victims filed a legal brief Wednesday asking Texas' highest criminal court to let an unusual hearing on the constitutionality of the death penalty in the state continue," the Associated Press story by reporter Juan Lozano published earlier today begins.

"The court hearing in Houston was put on hold earlier this month after the Texas Court of Criminal Appeals granted a request by prosecutors to stop it," the story continues.

"The hearing, which was halted after two days of testimony, had been ordered by Kevin Fine, a state district judge who is considering a motion in a capital murder case on whether Texas' death penalty statute is unconstitutional.

Fine is a judge in Harris County, which has sent more inmates to the lethal-injection gurney than any other county in the U.S. Texas has more executions than any other U.S. state.

Lawyers for the Houston man who had asked for the hearing say problems with such things as eyewitness identification and evidence offered by informants have created flaws in death penalty prosecutions in Texas and resulted in a risk that innocent people like their client will be executed.

They said the case against their client, John Edward Green Jr., uses some of the same faulty evidentiary procedures that have resulted in others being wrongly convicted. Green, who is awaiting trial, faces a possible death sentence if convicted of fatally shooting a Houston woman during a June 2008 robbery.

Prosecutors with the Harris County District Attorney's Office have said the claims being made by Greens' attorneys are well-settled case law and that Fine doesn't have the authority to prevent the state from seeking the death penalty in the case.

In their amicus brief, the group of current and former law enforcement officials, lawmakers, exonerees and crime victims said the hearing was crucial as "confidence in the criminal justice system is shaken when problems go unaddressed."

"The tie that binds this diverse group of citizens together is the profound philosophical and practical concern that the Texas death penalty, as currently applied, unreasonably and substantially risks the conviction and execution of the innocent," wrote Walter Long, the group's attorney.

The group includes former Texas Gov. Mark White; former Maryland Gov. Parris Glendening; former Indiana Gov. Joe Kernan; six former federal prosecutors; five former state and federal judges; 12 current state lawmakers from California, Connecticut, Maryland, Nevada, New Jersey, New Mexico and Texas; current and former police chiefs from Connecticut, New Hampshire, New Jersey and Washington; and six death row exonerees from around the country.

George Flynn, a spokesman for the Harris County District Attorney's Office, said prosecutors were still reviewing the amicus brief.

That brief, as well as one by Green's attorneys were filed on Wednesday, the deadline the appeals court gave for motions on whether the death penalty hearing should continue. The appeals court did not set a timetable for when it would make a decision.

Fine initially declared the Texas death penalty statute unconstitutional last spring after granting the motion in Green's case. Under heavy criticism, Fine clarified then rescinded his ruling and ordered the hearing, saying he needed to hear evidence on the issue.

Prosecutors unsuccessfully tried to get Fine removed from the case, calling him biased against the death penalty.

Fine has said he believes capital punishment is constitutional and the hearing would focus only on the specific legal issues raised by Green's attorneys.

If the hearing were allowed to continue and Fine rules the state's death penalty statute is unconstitutional, prosecutors have said they would appeal the decision, which legal experts say would have a good chance of being overturned.

The debate over possible wrongful executions in Texas has been fueled in part by the case of Cameron Todd Willingham.

Willingham was put to death in 2004 after being convicted of burning down his home in Corsicana in 1991 and killing his 2-year-old daughter and 1-year-old twins. His execution has been questioned since several fire experts found serious fault in the arson findings that led to his conviction."

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The story can be found at:

http://www.victoriaadvocate.com/news/2010/dec/22/bc-tx-judge-death-penalty1st-ld-writethru/?business&texas

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;http://www.newsweek.com/2010/10/09/alter-rick-perry-texas-and-the-death-penalty.html#

CAMERON TODD WILLINGHAM; TIME IS RUNNING OUT; JUDGE BAIRD IS TO LEAVE BENCH DECEMBER 31; INNOCENCE PROJECT VOWS TO PRESS FOR ADJUDICATION ON MERITS;

"Innocence Project co-director Barry Scheck expressed disappointment in the appeals court's Tuesday ruling.

"While there may not be enough time to litigate this case through the appeals courts before Judge Baird leaves the bench, we feel this is a matter of extreme importance, particularly to the Willingham family and to the justice system of Texas," Scheck said. "We are determined to find a way to get an adjudication on the merits in the Texas courts to restore Willingham's reputation.""

REPORTER ALLAN TURNER: HOUSTON CHRONICLE;

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BACKGROUND OF REVIEW: District Judge Charlie Baird agreed to hold the unprecedented two-day hearing to consider evidence on whether Cameron Todd Willing­ham was actually innocent of and executed for a crime that never occurred. Willingham was executed in 2004 in connection with a fire in his home in Corsicana that claimed the lives of his three young children. State officials – including the State Fire Marshal's Office – concluded that the 1991 fire had been deliberately set by Willingham; Willing­ham maintained his innocence. Last year Baird presided over the state's first posthumous hearing in the case of Tim Cole.

BACKGROUND OF WILLINGHAM CASE: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses were suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html
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"The posthumous effort to clear Cameron Todd Willingham of the 1991 murders of his three young children ground to a halt Tuesday when an appeals court ruled that an Austin judge handling a so-called court of inquiry acted improperly," the Houston Chronicle story by reporter Allan Turner published on December 21, 2010 begins, under the heading, "Appeals court freezes Willingham trial probe: Justices say Austin judge erred; Innocence Project to pursue case."

"Innocence Project lawyers for Willingham's mother and cousin had petitioned Travis County state District Judge Charles Baird to hold the inquiry and declare that Willingham had been wrongfully convicted," the story continues.

"Willingham, 36, a Corsicana auto mechanic, was executed in 2004, consistently denying he had set the house fire in which the children perished.

When Baird moved forward with the inquiry in mid-October, Navarro County District Attorney R. Lowell Thompson, a successor to the district attorney who prosecuted Willingham, filed a petition asking the judge to relinquish jurisdiction in the case.

Third Court of Appeals justices Tuesday said Baird should have recused himself or referred the matter to the presiding judge of the administrative judicial district to name a presiding judge. The court's ruling essentially freezes action on the court of inquiry until the judge takes one of those actions.

"I've said from the beginning that if we are going to do these things, we should do them right and follow the procedures," Thompson said Tuesday. "I'm sure that Judge Baird will determine what he wants to do, and we'll move forward from there."

The effort to convene a court of inquiry has marked the Innocence Project's second front in the battle of the Willingham conviction. The New York-based organization also filed a complaint with the Texas Forensic Science Commission, which has conducted a protracted, contentious review of the case.

Three expert reviews — one commissioned by the Innocence Project — have found fault with fire investigations conducted by state and local arson officers.

Innocence Project officials claim Willingham was innocent, although the state commission repeatedly has said that it is considering only the soundness of the investigations and will not determine guilt or innocence.

On Tuesday, the 3rd Court noted that Baird responded to Lowell's petition for recusal by wrongly finding that the district attorney had no standing in the case. After dispensing with Lowell's demand that he step aside, Baird convened a daylong hearing in which fire experts blasted the earlier arson probes.

That session ended as Thompson succeeded in getting the appeals court to issue an emergency stay.

Innocence Project co-director Barry Scheck expressed disappointment in the appeals court's Tuesday ruling.

"While there may not be enough time to litigate this case through the appeals courts before Judge Baird leaves the bench, we feel this is a matter of extreme importance, particularly to the Willingham family and to the justice system of Texas," Scheck said. "We are determined to find a way to get an adjudication on the merits in the Texas courts to restore Willingham's reputation.""

Baird is scheduled to vacate the bench on Dec. 31.

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The story can be found at:

http://www.chron.com/disp/story.mpl/metropolitan/7349716.html

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PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;http://www.newsweek.com/2010/10/09/alter-rick-perry-texas-and-the-death-penalty.html#

HASSAN DIAB; U.S. HANDWRITING EXPERT ASSISTING DEFENCE ON EXTRADITION HEARING SAYS NO COUNTRY HAS MYSTICAL POWERS IN HANDWRITING ANALYSIS; CITIZEN;

"In a line of attack he used against former RCMP forensic document examiner Brian Lindblom last week, (Crown Lawyer) LeFrançois listed French expert Anne Bisotti’s qualifications and experience and pointed out to (Defence expert) Osborn that she has a degree in forensics.

“You don’t hold a degree in forensics, do you?” he said.

“No,” replied the former FBI adviser, who added that nothing in Bisotti’s C.V. suggested she had the appropriate qualifications of a competent document examiner.

“Based on my reading of (Bisotti C.V.),” said Osborn, “there is a lack of peer testing and a lack of experience in courts.

“These don’t represent qualifications that would result in a competent examination.

“Forensics is a very broad field. Having a degree in forensics doesn’t qualify you as a forensic document examiner.”"

REPORTER CHRIS COBB: THE OTTAWA CITIZEN;

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"Forensic document examiners work by international standards and if French experts operate by different rules they are doing it wrong, a U.S handwriting expert told Hassan Diab’s extradition hearing Tuesday," the story by reporter Chris Cobb published in the Ottawa Citizen on December 2, 2010 under the heading "No country has ‘mystical powers’ in handwriting analysis: French expert lacks experience, Diab hearing told," begins.

"“A specific country doesn’t have mystical powers that supersede the accepted processes,” he said," the story continues.

"During cross-examination by Crown lawyer Claude LeFrançois, New Jersey-based John Paul Osborn admitted he knew little about French forensics, but doubted they differ from international standards.

France wants Diab, a former University of Ottawa professor, extradited to stand trial for the murder of four passersby who were killed in a terrorist bomb blast 30 years ago outside the Rue Copernic synagogue in central Paris.

Diab says he is the victim of mistaken identity.

Osborn told the hearing on Monday that French handwriting analysis that allegedly ties Diab to the bombing contained “flaws so critical as to render the determinations wholly unreliable.”

In a line of attack he used against former RCMP forensic document examiner Brian Lindblom last week, LeFrançois listed French expert Anne Bisotti’s qualifications and experience and pointed out to Osborn that she has a degree in forensics.

“You don’t hold a degree in forensics, do you?” he said.

“No,” replied the former FBI adviser, who added that nothing in Bisotti’s C.V. suggested she had the appropriate qualifications of a competent document examiner.

“Based on my reading of (Bisotti C.V.),” said Osborn, “there is a lack of peer testing and a lack of experience in courts.

“These don’t represent qualifications that would result in a competent examination.

“Forensics is a very broad field. Having a degree in forensics doesn’t qualify you as a forensic document examiner.”

The prosecutor also suggested that the 28-year forensic expert Osborn’s limited knowledge of France made it impossible for him to know whether Trévidic’s instructions were normal in the French legal context.

“I wouldn’t know whether it is unusual,” he said, “but I do know if it’s right and it isn’t.”

Under Canadian extradition law, the defence is not allowed to produce competing experts, but can attempt to convince the extradition judge that evidence from the requesting country is “manifestly unreliable.”

If Bayne is successful, the handwriting evidence — crucial to the prosecution case — will likely be withdrawn.

The hearing continues today."

The story can be found at:

http://www.ottawacitizen.com/country+mystical+powers+inhandwritinganalysis/4011249/story.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;