I will be taking a seasonal break over the next few weeks to charge the batteries and take advantage of the warm weather. Please get in touch if there are some developments in matters relevant to the Blog which I should deal with when I am back in action. In the meantime, stay cool and have a wonderful summer.
Harold Levy: Publisher. The Charles Smith Blog.
SECOND PUBLISHER'S NOTE:
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
STORY: "U.S. reviewing 27 death penalty convictions for FBI forensic testimony errors," by reporter Spencer S. Hsu, published on July 17, 2013 by the Washington Post. (Story contains some excellent sidebars including an analysis of the accuracy of "each type of forensic science" and critiques by independent forensic scientists of some of the faulty cases identified by the Washington Post.) Thanks to the Wrongful Convictions Blog for drawing this story to our attention.
GIST: "An unprecedented federal review of
old criminal cases has uncovered as many as 27 death penalty
convictions in which FBI forensic experts may have mistakenly linked
defendants to crimes with exaggerated scientific testimony, U.S.
officials said. The review led to an 11th-hour stay of execution in Mississippi in May. It is not known how many of the cases involve errors, how many
led to wrongful convictions or how many mistakes may now jeopardize
valid convictions. Those questions will be explored as the review
continues. The discovery of the more than two dozen capital cases
promises that the examination could become a factor in the debate over
the death penalty. Some opponents have long held that the execution of a
person confirmed to be innocent would crystallize doubts about capital
punishment. But if DNA or other testing confirms all convictions, it
would strengthen proponents’ arguments that the system works."
Dear reader: Keep your eye on the Charles Smith Blog. We are following
developments relating to this case.
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
STORY: "John Huffington released from prison Monday," by reporter David Anderson, published by the Baltimore Sun on July 23, 2013.
GIST: "Shortly after 1 p.m. Monday,
attorney Ryan Malone learned that his client John Norman Huffington
became a free man after serving 32 years of two life sentences for a Harford County double murder.Malone, who is a member of the Ropes & Gray law firm of Washington, D.C., received an e-mail about his client's status while speaking with The Aegis Monday afternoon.Huffington, 50, had been an inmate at the state's Patuxent Institution in Howard County, but was granted a new trial and his convictions were vacated by Frederick County Circuit Court Judge G. Edward Dwyer Jr., after a review of his petition for writ of actual innocence.........Huffington was convicted of the May 25, 1981, murders of Abingdon
residents Diana Becker and her boyfriend Joseph Hudson by juries in Caroline County and Frederick in 1981 and 1983, respectively. Huffington, who was 18 at the time of the murders, was convicted
based largely on the testimony of his partner, then 25-year-Deno
Kanaras, and ballistic and hair evidence presented by FBI agents.Kanaras was released from prison in 2008 after serving 27 years for
his role in the murders, for which he also received a life sentence.The federal agent who testified of his certainty that hairs recovered
from Ms. Becker's bed and clothing belonged to Huffington has since
been discredited, as a result of a Department of Justice review of his
work and of other FBI analysts during the 1990s.A DNA analysis conducted in April showed the hair was not Huffington's.
Dear reader: Keep your eye on the Charles Smith Blog. We are following
developments relating to this case.
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
STORY: "Staying of jail terms upheld by Massachusetts Supreme Judicial Court: Rules in cases tied to lab abuses," by reporter Peter Schworm, published by the Boston Globe on July 22, 2013.
GIST: "The state’s highest court has ruled that judges have the authority to
stay the sentences of so-called Dookhan defendants who are seeking new
trials, upholding the legal framework created to review hundreds of
cases tied to the state drug lab scandal. In a decision issued Monday, the Supreme Judicial Court ruled that
the “exceptional circumstances” surrounding convictions tied to Annie
Dookhan, the former state chemist who allegedly falsified suspected drug
samples, gave Superior Court judges the power to free defendants who
are challenging their convictions. “The allegations of misconduct at the Hinton drug lab have given rise
to serious concerns about defendants who may be incarcerated as a
consequence of tainted convictions,” the ruling stated. “Thus, a
defendant’s motion to stay the execution of his sentence should be
decided in an expeditious manner.” While largely procedural, the decision highlighted the swirl of legal
questions surrounding Dookhan-related cases, which have flooded the
judicial system and led to the release of hundreds of defendants, more
than 300 from state prisons and more from county facilities.........Last fall, Essex County prosecutors contested
motions to stay sentences in more than 50 cases involving allegedly
tainted drug evidence, contending that the judge lacked the authority to
stay sentences in the absence of a pending appeal. The court disagreed, saying “the interest of justice is not served by
the continued imprisonment of a defendant who may be entitled to a new
trial.” “The magnitude of the allegations of serious and far-reaching
misconduct by Dookhan at the Hinton drug lab cannot be overstated,” the
ruling stated. “The alleged misconduct may have compromised thousands of
cases.” Dookhan faces a host of criminal charges related to mishandling or falsifying drug evidence. She has pleaded not guilty. Matthew Segal, legal director of the American Civil Liberties Union
of Massachusetts, said the decision marked a “complete rejection” of
prosecutors’ attempt to challenge the system set up to handle the
Dookhan cases. “It said the exact procedure being used is fine,” he said. The court went a step further, Segal said, in indicating that
Dookhan’s involvement in cases may be enough to warrant a new trial. “My hope is that courts will look at this opinion and see reasons for
granting new trials,” he said. “You can’t rest a conviction on fraud.”"
Dear reader: Keep your eye on the Charles Smith Blog. We are following
developments relating to this case.
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
STORY: "The Innocence Game," by Michael Harvey, based on Bonny North's interview with author Michael Harvey, published by WUWM Milwaukey Public Radio. (89.7); Michael Harvey is the author of The Innocence Game, the first
in a series of university mysteries. He is also the author of the
Chicago-based Michael Kelly mysteries. A successful novelist, Harvey is
also an attorney, an adjunct professor at the Medill School of
Journalism at Northwestern University, and a documentary filmmaker. He
is also the co-creator, writer and executive producer of the
Emmy-nominated television series Cold Case Files TM. He lives in Chicago. Our thanks to the Wrongful Convictions Blog for drawing our attention to this story.
GIST: Michael Harvey’s newest novel, The Innocence Game, is based on Northwestern University's Innocence Project. It
follows three students who are chosen to participate in a special
seminar led by one of the school’s most distinguished professors. They
find a case where in they suspect that someone on death row might be
innocent. After looking deeper they find a couple other cases that might
be linked to it where they again uncover the innocence of the
convicted. The students come to the conclusion that the individuals
convicted have been framed by some members of the Chicago Police
Department; detectives, prosecutors and forensic scientists who hope to
further their careers by increasing their conviction rates. But as the
three students submerge themselves deeper they find they too are in
corruption's deadly grasp..........Harvey
also regards the incentives for convictions as biased and convenient
for prosecutors, cops and forensic scientists alike. Harvey attests that
the current structure is“flawed”, because based on
the convictions they acquire, promotions that further their own careers
soon follow. The system is most definitely skewed towards the
prosecution due to the amount of power they have at their disposal and
preconceived notions; a reality that Harvey doesn’t see changing in the
future. Harvey believes “the power of inertia within system”,
will prevent its structural change because those at the top are not
willing to compromise their own situation or hold on control."
Dear reader: Keep your eye on the Charles Smith Blog. We are following
developments relating to this case.
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
PUBLISHER'S VIEW: On June 11, 2013, I posted a commentary by former FBI Director William Sessions commending the FBI for taking the necessary steps to inform defendants and prosecutors in every case where unreliable hair analysis had been used. Sessions expressed alarm that FBI agents may have "knowingly relied on flawed forensic evidence for decades." Sessions message is well worth repeating in view of the review to be conducted by the FBI, the Innocence Project and the National Association of Criminal Defence Lawyers, announced earlier this week. The earlier post ran on June 11, 2013, under the heading, "Former FBI Director William Session's refreshing message."
Harold Levy; Publisher; The Charles Smith Blog.
COMMENTARY: "DNA: a test for justice," by William S. Sessions, published by the Baltimore Sun on June 10, 2013; (William
S. Sessions served three U.S. presidents as director of the FBI and was
previously chief judge for the U.S. District Court for the Western
District of Texas, and a United States attorney. He is a member of The
Constitution Project's board of directors.)
GIST: "If
FBI forensic analysts and agents knowingly relied on flawed forensic
evidence for decades, it is alarming. If men and women such as Messrs.
Huffington and Manning still remain in prison, and in some cases on
death row, it is intolerable. I commend the FBI for taking the necessary
steps to inform defendants and prosecutors in every case where
unreliable hair analysis was used. Moreover, I urge state prosecutors
and judges who are aware that the FBI provided potentially unreliable
evidence or testimony to work with defense counsel in those cases to
ensure the accuracy of the verdicts, including allowing for additional
forensic testing of evidence, especially DNA testing, and the pursuit of
wrongful conviction claims. When evidence used to convict an individual
is discovered to be unreliable, justice requires that we review that
case, no matter how long ago the conviction occurred. For John
Huffington, unreliable forensic evidence led to 32 lost years; for
Willie Manning, it may lead to far more grievous harm. The DOJ has taken
steps to remedy reliance on repudiated hair analysis techniques.
Unfortunately, there are many individuals still in jail, possibly
convicted wrongfully due to faulty, and highly influential, FBI
testimony. These individuals, like Messrs. Manning and Huffington, must
be afforded the opportunity to prove their innocence."
Dear reader: Keep your eye on the Charles Smith Blog. We are following
developments relating to this case.
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
POST: "Federal hair microscopy review should be replicated at state level,' published by Grits for Breakfast on July 18, 2013.
GIST: "However, there are many technicians at the state and local levels, most if not
all of whom were taught by the same trainers as the FBI, said Reimer -
whose cases won't be included in the federal review. Indeed, so far the
working group doesn't even have a list of state and local technicians
who the FBI trained on microscopic hair analysis. Once those names are
available - and please, somebody involved in that project let's make
that happen! - then states can begin conducting their own reviews of
flawed testimony in state-level criminal cases, which are likely far
more numerous and may have continued to be used in cases beyond the year
2000 when DOJ abandoned the technique in favor of DNA analysis.
Dear reader: Keep your eye on the Charles Smith Blog. We are following
developments relating to this case.
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. On International Wrongful Conviction Day in 2024, I was thrilled to have the Blog recognized by Innocence Canada, when I was presented with the, "Rubin Hurricane Carter Champion of Justice Award." The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!
