Bulletin; David Eastman; Australia; Inquiry; The gunshot residue specialist whose testimony played a critical role in Eastman's conviction for the murder of a senior police officer has admitted that he "misled' the original inquest. Reporter Elizabeth Byrne. ABC News.

 STORY: "Eastman Inquiry: Forensic scientist in Winchester case admits he 'misled' original inquest," by reporter Elizabeth Byrne, published by ABC News on March 27, 2014.

GIST: "A key player in the conviction of David Eastman for killing one of Australia's top police officers has admitted forensic evidence he gave to the original inquest was misleading. The Eastman Inquiry is nearing its end after several months of evidence from witnesses involved in the investigation and prosecution of Eastman for the shooting murder of Australian Federal Police Assistant Commissioner Colin Winchester at Deakin. Forensic evidence from Robert Collins Barnes was critical to the case against Eastman......... Mr Barnes linked the scene with Eastman's car telling the original inquest he had found particles of residue in both places which were indistinguishable. He told the inquest the residue particles had come from PMC ammunition. The coroner asked Mr Barnes directly if there was any doubt about the ammunition and he replied that there was not. But yesterday Mr Barnes admitted to the counsel assisting the inquiry, Liesl Chapman, that was too strong a conclusion and he now accepts he had misled the court.........One key issue in the identification of the PMC residue was Mr Barnes description of it being robust and able to keep its shape after firing. But no report on how this is known has been produced, prompting Ms Chapman to challenge Mr Barnes, saying: "All we have is your word for PMC characteristics not changing shape." It also emerged there had been no comparison with propellants which leave similar residue. A photo of the particles shown to the jury at the trial was also viewed, along with a similar photo of partially burnt residue from a PMC firing. Inquiry head Justice Brian Martin noted how pristine the first photo was compared with the second and asked Mr Barnes had he selected the first because it supported his argument. "To the people making the judgment, on the face of it that photo looks designed to bolster your evidence," he asked. Mr Barnes flatly rejected the idea. But he did admit that in hindsight he did not have a proper scientific basis for his evidence at the inquest."

The entire story can be found at:

http://www.abc.net.au/news/2014-03-27/eastman-inquiry3a-forensic-scientist-in-winchester-case-denies/5348236

PUBLISHER'S NOTE: 
  Dear Reader. Keep your eye on the Charles Smith Blog. We are following 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:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Japan: Iwao Hakamada: (Read this and weep: HL); Sentenced to death in 1966, a Japanese court frees him after finding that DNA analysis obtained by his lawyers suggests police had fabricated evidence; Associated Press;

STORY: "World's longest-serving death inmate freed over evidence doubts,"  by reporter Mari Yamaguchi, published by  Associated Press on March 27, 2014. (Thanks to the Wrongful Convictions Blog for drawing our attention to this disturbing case. HL);

SUB-HEADING: "The Shizuoka District Court suspended the death sentence and ordered a retrial for 78-year-old Iwao Hakamada, who had been convicted in a 1966 murder."

SUB-HEADING: "A Japanese court grants a retrial to the world's longest-serving death-row inmate after doubts emerge of DNA evidence in a crime committed 48 years ago."

GIST: "The world’s longest-serving death row inmate was freed Thursday by a Japanese court that found investigators had likely fabricated evidence in the murder case that put the former pro boxer behind bars for nearly half a century. The Shizuoka District Court suspended the death sentence and ordered a retrial for 78-year-old Iwao Hakamada, who had been convicted in the 1966 murder of a family and was sentenced to death in 1968.........The court said Thursday that DNA analysis obtained by Hakamada’s lawyers suggested that investigators had fabricated evidence. Blood stains detected on five pieces of clothing, which investigators said were worn by the culprit during the crime, did not match the DNA of Hakamada, and trousers that prosecutors submitted as evidence were too small for Hakamada and did not fit when he tried them on."

The entire story can be found at:

http://www.thestar.com/news/world/2014/03/27/worlds_longestserving_death_inmate_freed_over_evidence_doubts.html

See Mainichi News story: "In the decision, Presiding Judge Hiroaki Murayama approved DNA test results that indicated the DNA type from blood stains detected on five items of clothing, which were said to have been worn by the culprit, is different from Hakamada's. "It is unjust to detain the defendant further, as the possibility of his innocence has become clear to a respectable degree," he said, while also indicating that investigators might have faked the evidences.
The Shizuoka District Public Prosecutors Office said the decision was surprising and it would consult with the Tokyo High Public Prosecutors Office on whether to file an appeal. Defense lawyers told reporters Hakamada has remained in a diminished capacity due to his long years of detention, urging prosecutors not to file an appeal."

 http://mainichi.jp/english/english/newsselect/news/20140327p2g00m0dm033000c.html

"Previous posts on Hakamada case here and here. This is a case from 1966. Iwao Hakamada has been held in confinement for 48 years. He is at Tokyo Detention Center, on death row. Shizuoka District Court granted Hakamada’s petition for retrial today, saying that a new DNA testing result indicates that one crutial piece of evidence did not come from Hakamada.  It is the 6th time since 1945 that the courts grant a retrial in a death penalty case. However, the prosecutors still have a chance to appeal the decision."

 http://wrongfulconvictionsblog.org/2014/03/27/breaking-news-court-decides-to-reopen-hakamad-case/
  
PUBLISHER'S NOTE: 
Dear Reader. Keep your eye on the Charles Smith Blog. We are following 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:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Tommy Zeigler; Private investigator Lynn-Marie Carty hopes that withheld evidence will secure his release from death row - 39 years after the murders which put him there took place. Tampa BayTimes.

STORY: "Local investigator hopes withheld evidence will help death row inmate," by reporter Leonora LaPeter Anton, published by the Tampa Bay Times on February 22, 2014; (Thanks to Radley Balko for drawing our attention to this story through his Washington Post column "The Watch." HL);

GIST: "Giant poster boards covered with mug shots, crime scene photos and yellowed newspaper articles overwhelm private investigator Lynn-Marie Carty's tiny living room in Treasure Island. Carty, a one-time Mrs. Florida contestant, has spent the past three years trying to figure out what happened one Christmas Eve 39 years ago when four people were murdered inside a furniture store in Central Florida. Tommy Zeigler, now 68, was convicted of killing his wife, his in-laws and a citrus crew foreman. Zeigler's case has always attracted skeptics: a former Orlando Sentinel newspaper editor; civil rights activist Bianca Jagger; a former chief deputy who worked on the original case and his brother. The case was the subject of a 1992 book called Fatal Flaw. None of their efforts resulted in a new trial for Zeigler. Zeigler's New York attorneys hope that Carty's work is different. This past week, they appealed to the U.S. Supreme Court. The motion relies heavily on Carty's assertion that Orange County sheriff's detectives and prosecutors not only withheld evidence when they tried Zeigler back in 1976, but they also lied about key details......... In 2011, Carty read an article about Zeigler in the Tampa Bay Times. The article mentioned efforts to seek more DNA testing of blood on Zeigler's shirt. Prosecutors had argued at the trial that Zeigler's shirt was covered with his father-in-law's blood. In 2001, sections of the shirt were submitted for DNA testing, which had been unavailable at the time of the trial. No trace of the father-in-law's blood was found. Only Mays' blood was detected. Zeigler's attorneys asked to test the whole shirt; that request was denied. Carty was outraged. Why would the prosecution thwart attempts to figure out the truth?A private investigator of 13 years, Carty specializes in reuniting long-lost relatives. She approaches each case with an almost fanatical obsession. She quickly compiled a list of other facts that pointed to his innocence: a key witness' story didn't add up, Zeigler passed lie detector tests and was even interviewed under the influence of truth serum.........Back in Carty's living room, Rice, the former sheriff, acknowledged the complexity of the case."But you have a lead detective who admits that an armed robbery occurred across the street about the same time and there's a police report about it and the defense knew nothing about it, but he says it has nothing to do with the case?" Rice says. "That's a jury question. If that had been known at the time, the case might have had a different result." With so many victims and so much blood, Rice said, the case cries out for a fresh DNA analysis. "With what we know today," Rice said, "there's a huge amount of reasonable doubt.""

 The entire story can be found at:

 http://www.tampabay.com/news/courts/criminal/local-investigator-hopes-withheld-evidence-will-help-free-death-row-inmate/2166895 

PUBLISHER'S PUBLISHER'S NOTE: 
  Dear Reader. Keep your eye on the Charles Smith Blog. We are following 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:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Rennie Gibbs; Radley Balko on yet another Mississippi outrage - and the role played by an expert witness "who has shown that he’s willing to give preposterous testimony that is unsupported by science" - medical examiner Steven Hayne.

COMMENTARY: "Another Mississippi outrage: Young mother faces life in prison for stillborn child," by Radley Balko, published  on March 19, 2014, in his column "The Watch" by the Washington Post;

GIST: "When babies die in Mississippi, the state’s prosecutors seem particularly determined to see that someone goes to prison for it, even if there isn’t much evidence of a crime. In the past, more often than not, they would turn to Hayne. Currently, two men sit on Mississippi’s death row due almost exclusively to testimony from Steven Hayne — Jeffrey Havard and Devin Bennett. In both cases, other medical examiners have since questioned the quality of Hayne’s autopsies and the credibility of his testimony in court.........As for “inherent  unreliability,” I’d submit that when an expert witness has shown that he’s willing to give preposterous testimony that is unsupported by science, when he has spent most of his career working with a proven fraud like Michael West (including co-authoring articles on forensic analysis), when multiple defendants convicted because of his testimony have since been exonorated or acquitted, and when he has admitted to lying about his credentials, not only should his expertise be questioned in cases where his testimony in and of itself is absurd, his opinions should also be dismissed in those cases where they aren’t entirely implausible, or in instances where he was contradicted by a medical examiner who doesn’t have his baggage. In other words, Hayne shouldn’t be treated as just another expert. When someone’s freedom or life is on the line, his disagreements with qualified medical examiners shouldn’t be viewed as an honest disagreement between two credible professionals, but as a disagreement between a credible professional and a man whose history provides little reason to afford him the presumption of integrity. Even if Hayne were right about what killed Rennia Gibbs’ daughter, the Mississippi law that allows prosecutors to charge women with murder for having miscarriages or delivering stillborn babies is abominable. But in this case, the unjustness of the law is compounded by the way Allgood is attempting to enforce it. As Martin points out in her article, specialists with far more credibility and expertise than Hayne have since criticized his diagnosis. The law itself needs to be repealed. But this case is also another desperate cry for Mississippi to take a thorough inventory of the damage Hayne, West, Allgood and their contemporaries may have done to the state’s criminal justice system."

The entire commentary can be found at:

http://www.washingtonpost.com/news/the-watch/wp/2014/03/19/another-mississippi-outrage-young-mother-faces-life-in-prison-for-stillborn-child/

PUBLISHER'S NOTE: 
Dear Reader. Keep your eye on the Charles Smith Blog. We are following 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:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog; 

David Eastman: Canberra Times reports that the Inquiry is about to move into "secret session" in which he and his legal team are not allowed to be represented. (Que c'est curieux! HL);

STORY: "Inquiry into David Eastman' conviction for Colin Winchester's murder is winding up," by Jack Waterford, Editor-at-large  of the Canberra Times, on March 26, 2014.

GIST: "Making any sort of forecast of the outcome is made even more difficult by the fact that the inquiry will soon move into secret session, in which Eastman and his legal team are not allowed to be represented. They and the public will be allowed to know only what, if anything, Martin chooses to tell them. Martin sees nothing particularly strange about such a procedure. ''There are plenty of examples of judges making decisions when public interest immunity is claimed, the judge sees information, relies on it but cannot tell the parties about it,'' he remarked on Friday.........The inquiry has heard much evidence criticising the investigation, harassment of Eastman and suggestions of efforts to bait him in the hope that he might do something that was conclusive proof of guilt. There has been minute examination of the forensic evidence, with doubt cast on the personality, qualifications, scientific method and conclusions of the main witness. The judge has been interested in whether police told prosecutors all they should know about their case, and whether the DPP fulfilled the obligation to disclose material to Eastman. He has also foreshadowed criticism of the trial judge, Ken Carruthers, over his possession of psychiatric reports on Eastman at a time when he (the judge) seemed to believe that Eastman was just faking mental illness in an effort to force the trial to abort. Martin has much to criticise, and his record, and his behaviour, suggests he will not shrink from it. But it is harder to judge just where he will end up in part because of procedures adopted rather than forced on the inquiry. Spectators have only a limited idea of what is occurring. Judge and counsel mostly speak in shorthand, and make reference to statements, transcripts and exhibits on computer screens. All counsel can see them, but they are unreadable from the public gallery.The pace is glacial. Transcripts, on a good day, are available to the public on the night of the day after. No doubt justice is being done, but, despite the millions spent on lawyers, and $100,000 spent on what was said to be a purpose-built hearing room, it is scarcely being seen or heard to be done."

The entire story can be found at:

http://www.canberratimes.com.au/comment/inquiry-into-david-eastman-conviction-for-colin-winchesters-murder-is-winding-up-20140325-35gmk.html

PUBLISHER'S NOTE: 
 
Dear Reader. Keep your eye on the Charles Smith Blog. We are following 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:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog; 

Rennie Gibbs: Mississippi: Erica King describes a case that is "tremendously, tremendously frightening," "real fear for young women whose babies are dying early who [lack the resources to] defend themselves and their actions," and her concern that, "the Mississippi court system will undeniably attempt to convict Gibbs on evidence that has no scientific proof." Americans Against The Tea Party.

COMMENTARY: "Mississippi Woman Unjustly Tried For Murder of Stillborn," by Erica King, published byAmericans against the Tea Party, on March 24, 2014. (Erica King describes herself as being from "a small town in eastern Ohio where people think LGBT and HTML is basically the same thing, and ignorance is as common as gunshots and drug trafficking. Being immersed in this culture, or lack thereof, Erica has been left with a sour taste in her mouth for discrimination and unethical treatment of minorities that the Right Wing excuses because the Bible says so.")

GIST: The Mississippi court system will undeniably attempt to convict Gibbs on evidence that has no scientific proof. Oleta Fitzgerald, the regional director for the Children’s Defense Fund, knows that the state of Mississippi has some of the highest rates of teen pregnancy and many of these pregnancies never last full-term due to poverty, poor nutrition, the inability to access proper healthcare, and other health factors that are widespread in this state. “It’s tremendously, tremendously frightening, this case,” said Fitzgerald. “There’s real fear for young women whose babies are dying early who [lack the resources to] defend themselves and their actions.”"

The entire commentary can be found at: 

http://aattp.org/mississippi-woman-unjustly-tried-for-murder-of-stillborn/\

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following 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:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog; 

David Eastman: Inquiry; Forensic scientist Robert Barnes, has "deflected blame" over failures to keep track of crucial gunshot residue used to link Eastman to the scene of the Assistant Federal Police Commissioner's murder - and has testified that he was too senior for peer-review to apply to his work. Reporter Christopher Knaus; The Canberra Times.

STORY: "Forensic scientist deflects blame over David Eastman evidence," by reporter Christopher Knaus, published by the Canberra Times on March 25, 2014.

GIST: "A forensic scientist has deflected blame over failures to keep track of crucial gunshot residue used to link David Eastman to the scene of the ACT police chief's 1989 murder. The questioning of Victorian-based expert Robert Barnes, who worked on the case from the night Assistant Federal Police Commissioner Colin Winchester was shot dead, continued in the Eastman inquiry on Tuesday. The inquiry has already heard evidence critical of Mr Barnes' work, and questions were aired about his independence following his assurances to a senior Operation Peat detective that he was a "police witness".   Counsel assisting the inquiry Liesl Chapman, SC, asked Mr Barnes about his handling of green gunshot residue particles found in Eastman's boot and at the scene. Mr Barnes gave evidence about the particles, which would prove significant to the case, during Eastman's 1995 trial. But some of the records tracking the handling and movements of the evidence are missing. Some of the particles were never recorded as being logged with the Victorian State Forensic Science Laboratory, where Mr Barnes worked, after the expert took them from the Australian Federal Police in Canberra. Other particles are recorded as having come to the Victorian lab, but as never having been taken out by Mr Barnes for testing. The expert was questioned about what he had done with those particles. He responded by saying others at the laboratory must have made a mistake and not recorded their movements properly. Earlier on Tuesday, Mr Barnes said he believed that he was not subject to policies that forensic work should be peer-reviewed by other scientists. He said he was too senior for peer-review to apply to his work. "Simply because it was not possible, as I said your honour, to find people at that level," Mr Barnes said.".........His evidence continues on Tuesday afternoon."

The entire story can be found at:

http://www.canberratimes.com.au/act-news/forensic-scientist-deflects-blame-over-david-eastman-evidence-20140325-35fm0.html

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following 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:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;