David Bain; New Zealand; His claim for compensation for wrongful conviction and imprisonment is back on the rails.

PUBLISHER'S VIEW: The New Zealand government has shamefully withheld the compensation it rightfully owes David Bain for years. Hopefully the New Justice Minister will display a sense of justice  that eluded her predecessor. Harold Levy; Publisher. The Charles Smith Blog.

 STORY: "David Bain compensation: The story so far," published by TVNZ "One News" on January 22, 2015;

GIST: "Justice Minister Amy Adams' announcement that Cabinet will resume consideration of David Bain's compensation claim is the latest development in his nearly five-year long quest for recompense for wrongful conviction and imprisonment..........In February that year, at Mr Bain's request, the Cabinet put consideration of his application for compensation on hold, pending the judicial review proceedings he had filed. Ms Collins (former justice minister) resigned in August last year in the midst of the furore over the Dirty Politics saga and late last year Mr Bain's legal team had confidential discussions with the new Minister of Justice, Amy Adams, about compensation. Ms Adams today confirmed that judicial review proceedings undertaken by Mr Bain have been discontinued by him. "With the matter resolved, Cabinet can now resume its consideration of Mr Bain's claim for compensation for wrongful conviction and imprisonment," says Ms Adams. She says there will be a further announcement regarding the consideration of the application "in due course".

The entire story can be found at:

http://tvnz.co.nz/national-news/david-bain-compensation-story-so-far-6222485

See related Newstalk ZB story: "Long-time David Bain supporter Joe Karam says the review was sparked over concerns about the then Minister's handling of Mr Bain's compensation claim. "The predominant purpose of the judicial review was to prevent Judith Collins dealing with David Bain's compensation claim." Joe Karam, says with a new Justice Minister now instated, there is no longer a need for a review. He says Mr Bain's legal team and supporters are pleased with the development. "The whole thing has gone on far too long, I'm sure the country is sick of it and would like it to be over and done with."

 http://www.newstalkzb.co.nz/news/national/bain-may-still-get-compensation/

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;

Sabastian Prosa; Ontario; Prosecution toxicologist says alcohol is sufficient to explain Prosa's behaviour, which he describes as alcohol impairment, risk taking and poor judgment. ("The defence wants the case dismissed because Prosa’s remaining blood sample was destroyed in transit and can’t be re-tested to determine whether those drugs were actually in his system. The Crown says the case should not be tossed out because of this “lost evidence” because St. Michael’s Hospital did test for drugs in Prosa’s urine.") CityNews.

STORY: "Toxicologist at Prosa trial says he can't rule out alcohol blackout," by reporter Marianne Boucher, published by CityNews on February 21, 2015.

GIST: "The Crown continued its cross-examination of a defence witness who testified on Tuesday that the accused in a fatal drunk driving trial likely didn’t consume enough alcohol to cause a blackout. On Wednesday expert toxicologist Dr. Joel Mayer was back on the stand. He said it is possible that a person could have a disruption of memory if they drank a lot of alcohol rapidly, saying that he “couldn’t rule out the role of alcohol in that scenario.”........The defence wants the case dismissed because Prosa’s remaining blood sample was destroyed in transit and can’t be re-tested to determine whether those drugs were actually in his system. The Crown says the case should not be tossed out because of this “lost evidence” because St. Michael’s Hospital did test for drugs in Prosa’s urine.

Dr. Mayer told the court that he can’t rely on those findings because he doesn’t know what they tested for and said the hospital does not screen for many of the drugs he would have a concern about. “I do not have any information about their testing limits,” he testified. “I cannot attach any significance to it.” The Crown called its own toxicologist later Wednesday. Dr. Robert Langille said “the alcohol alone is sufficient to explain” Prosa’s behaviour. His behaviour fits with alcohol impairment, risk taking and poor judgment, he told the court. The Crown and defence doctors disagree that the alcohol alone could cause the depth of amnesia as Prosa has claimed. The court heard that in tests with college age subjects, 148 mg is not moderate and that level would cause significant intoxication."

The entire story can be found at:

http://www.citynews.ca/2015/01/21/toxicologist-at-prosa-trial-says-he-cant-rule-out-alcoholic-blackout/

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;

Sabastian Prosa: Toxicologist testifies that the accused impaired driver's memory loss may stem from a date rape drug - as opposed to an alcoholic blackout; (This is the case where the defence contends that the case should be dismissed because Prosa’s remaining blood sample was destroyed in transit and can’t be re-tested to determine whether those drugs were actually in his system. HL);

STORY: "Accused drunk driver's memory loss possibly from date rape drug," by reporter Marianne Boucher, published by CITY News on January 20, 2015.

GIST:  A forensic toxicologist testified at Sabastian Prosa’s fatal drunk driving trial on Tuesday, saying that his memory loss could have potentially been caused by the presence of a stupefying drug like GHB or Ketamine......... Prosa, who was 19 at the time of crash, has pleaded not guilty to 12 charges, including impaired driving causing death and impaired driving causing bodily harm. Dr. Joel Mayer testified Tuesday that Prosa’s actions were unusual for the amount of alcohol found in his blood. He said Prosa’s memory loss and confusion on the highway could be explained by the presence of other drugs like GHB or Ketamine. Both are commonly referred to as date rape or club drugs. “I would not expect an alcoholic blackout based on (his) blood alcohol concentrations,” he testified. The defence will argue that the case should be dismissed because Prosa’s remaining blood sample was destroyed in transit and can’t be re-tested to determine whether those drugs were actually in his system."

The entire story can be found at:

http://www.citynews.ca/2015/01/20/accused-drunk-drivers-memory-loss-possibly-from-date-rape-drug-toxicologist/

See related Toronto Star story:

 http://www.thestar.com/news/crime/2015/01/20/lawyer-suggests-his-client-was-drugged-before-causing-fatal-crash.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;

Rodney Reed: Texas; His supporters want Texas' new governor to stay the March 5th execution to permit DNA testing; Demonstration planned at Capital; KLBJ.

STORY:"Rodney Reed supporters call for  Abbott to halt execution, published by  KLBJ on January 20, 2015.

GIST: "Supporters of death row inmate Rodney Reed want Texas' new governor to free who they say is an innocent man. Rodney Reed who was convicted of killing Stacy Stites says he's innocent... but his execution date of March 5 is fast approaching. Reed supporters want Gov. Greg Abbott delay the execution to test the DNA samples from the case. According to Reed's attorney Bryce Benjet, DNA testing is far superior today than it was when Reed was arrested........... Reed supporters will demonstrate at the Capitol this afternoon and meet afterward to discuss their next steps.

The entire story can be found at:

http://www.newsradioklbj.com/news/austin-local-news/rodney-reed-supporters-call-abbott-halt-execution

 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;

Sue Neill-Fraser: Tasmania; Civil Liberties Australia to hold rally on 6th anniversary of Bob Chappell's mysterious disappearance to protest her (Sue Neill-Fraser's) "wrongful conviction for murder." CEO Bill Rowlings says: "All sorts of new material and evidence have come to light to clearly establish that the jury in the Neill-Fraser case was seriously misled by a mixture of suspect police investigation and both ignorant and possibly malicious claims by prosecution witnesses, as well as by a erroneous claim in court by the prosecutor, then Director of Public Prosecutions Tim Ellis."

POST: "Woman wronged to receive rally support," by Bill Rowlings, CEO of Civil Liberties Australia (CLA)  published  by CLA on January 19, 2015.

SUB-HEADING: "As the 6th anniversary of Bob Chappell’s mysterious disappearance nears, supporters are rallying to highlight the fact that an innocent woman is in Risdon Prison for his ‘murder’."

GIST: "Supporters of Sue Neill-Fraser will gather for a singing rally at the foot of the steps of Parliament House Hobart on Saturday 24 January 2015. The rally is to protest her wrongful conviction for murder. Her husband, Bob Chappell, disappeared from a 16m cruising yacht moored off Sandy Bay on the Derwent after choosing to stay alone on the yacht overnight to fix electrical wiring and lights. His body has never been found. Neill-Fraser was convicted by a jury of killing her husband. There was no confession, no witness, no plausible motive and a host of other more likely suspects not properly investigated by Tasmanian Police.........All sorts of new material and evidence have come to light to clearly establish that the jury in the Neill-Fraser case was seriously misled by a mixture of suspect police investigation and both ignorant and possibly malicious claims by prosecution witnesses, as well as by a erroneous claim in court by the prosecutor, then Director of Public Prosecutions Tim Ellis. The glove in question was found tucked into this box of latex gloves. DPP Ellis – since convicted himself of the criminal offence of negligent driving causing death – admitted in the Court of Criminal Appeal that he had made a tragic error when he said that Neill-Fraser’s DNA was on a glove used to clean up what he claimed was a crime scene in the saloon of the yacht, Four Winds. The glove DNA actually belonged to one of the missing man’s children from his first marriage. But Ellis ominous mistake was almost the last thing the jury heard before retiring to consider its verdict. In yet another strange twist to a puzzling crime, there was a strong DNA sample found on the deck of the yacht: it belonged to a woman who claimed she was never on board the Four Winds, though it is known she was sleeping rough at the time. Her connection to the DNA found on the yacht came to light when police did a criminal records check.........Civil Liberties Australia supports the campaign for Neill-Fraser’s release. Having analysed the full trial transcripts, and being privy to much of the new evidence, we believe she should be released immediately, in the same way Henry Keogh was, with a presumption of innocence, by the Tasmanian AG. The matter should then be referred to another Tasmanian prosecutor to determine whether she is to be retried. If she is to be retried, it requires a judge from outside Tasmania to conduct the trial."

The entire post can be found at:

https://www.cla.asn.au/News/woman-wronged-to-receive-rally-support/

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;

Shaken baby syndrome: Sue Luttner of "On SBS" reports that, " a recent decision from Sweden’s Supreme Court is changing the landscape for Swedish citizens fighting misguided accusations of infant shaking." (Must Read. HL);

POST: "Sweden searches for the truth," by Sue Luttner, published by "On SBS" on January 19, 2015.

GIST: "A recent decision from Sweden’s  Supreme Court is changing the landscape for Swedish citizens fighting misguided accusations of infant shaking.........The ruling, from October of 2014, sets aside the June 2012 conviction of  a father for presumably shaking one of his twin sons in 2009, with the explanation: It can be concluded that, in general terms, the scientific evidence for the diagnosis of violent shaking has turned out to be uncertain..........In  reviewing the father’s appeal, the Supreme Court listened to testimony from two physicians, Prof. Anders Eriksson, a forensics expert and an advisor to the National Board of Health and Welfare, and Prof. Peter Aspelin, a radiologist and a former chair of the Scientific Advisory Council of the Swedish Council on Health Technology Assessment (SBU). Both physicians told the court that the SBU, concerned about the reliability of a shaking diagnosis, has now launched a systematic study of the literature regarding infant shaking, an effort that is expected to take at least two years..........[Dr. Eriksson] based the conclusion in the opinion to the Legal Advisory Council on the fact that O presented three symptoms (a triad) that, if they occur at the same time, have been held, according to the traditional view, to strongly indicate that there has been violent shaking if it is not the case that the child has been subjected to some other form of “high-energy violence” such as a traffic accident or a fall from a high height. The symptoms included in the triad are  haemorrhaging under the dura mater, haemorrhaging in the fundus of the eyes and swelling of the brain. However, this diagnosed model has been criticized. The point of the criticism is that the symptoms given can have other causes . . .  So it is not possible to say today that the occurrence of the triad means that violent shaking has been proved. Instead, it must be concluded that we do not know; we are in a quagmire. And Dr. Aspelin told the court:  The controversy is not about whether it is harmful to shake a child violently. The issue under discussion is with what scientific certainty it can be established how various injuries found in a child have arisen. The claim that the occurrence of the triad is strong evidence that violent shaking has occurred goes back to the late 1960s; however, the medical evidence for it was relatively thin. But the claim became generally accepted and grew into medical truth over several decades, even though the situation in terms of evidence did not change. It is known that a very large share of fundus haemorrhages are not linked to violence and arise in another way. Nor has it been shown that nerve fibers are torn, and that the brain therefore begins to swell, in connection with violent shaking. It can also be asked whether violent shaking can occur without neck injuries arising… To sum up, it can be said that the scientific support for the diagnosis of violent shaking is uncertain.........The RFFR web site, which posted both the original decision and the English translation, also offers links to Swedish news coverage of the topic as well as an English language commentary by pediatric neuropathologist Dr. Waney Squier in Britain and television news coverage out of Dallas, Texas, of a family accused of assault when their daughter’s genetic disorder was misdiagnosed as abuse. A doctor in Sweden reports that since the Supreme Court’s decision, two convicted fathers have been freed on appeal after years in prison and a third has won in court and is now home with his family."

The entire post can be found at:

http://onsbs.com/2015/01/19/sweden-searches-for-the-truth/

See  related Wrongful Convictions Blog post by Phil Locke: "Score one for sanity, logic, reason, and science. There has been a recent decision (October, 2014) by the Swedish Supreme Court that calls into question the scientific validity of the classic “triad” SBS diagnosis. According to the triad diagnosis, the symptoms of retinal hemorrhage, subdural hematoma, and diffuse edema of the brain are pathognomonic (exclusively indicative) of violent shaking or abusive head trauma.  The “triad” has been the mainstay of SBS prosecutions for decades, but in recent years, has come under increasingly critical scrutiny."

 http://wrongfulconvictionsblog.org/2015/01/19/shaken-baby-syndrome-decision-in-sweden/

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;

Henry Keogh; South Australia; Withholding by prosecutors of crucial report containing criticisms of autopsy conducted by former Chief Forensic Pathologist Dr. Colin Manock shown to have disastrous consequences for Henry Keogh. Andrew L. Urban writes: “The evidence of Dr Manock that, according to the pathology, Ms Cheney’s death was a homicide and that other causes, such as a medical event or an accidental fall, were excluded, either could not have been put forward in those terms or, if it had been, would have been largely discredited.” In other words, Henry Keogh would not have even faced trial without Dr Manock’s (incorrect) evidence. He would not have spent the best part of his life behind bars. Bad science put him there, legal error kept him there."

POST: "Henry Keogh: Forensic evidence withheld by the Crown," by Andrew L. Urban, published by "Pursue Democracy" on January 19, 2015.

GIST: "When Henry Keogh walked out of jail just in time for Christmas 2014, he had served 10 extra years in prison because new forensic evidence that would have cleared him of murder was kept from him in 2004. “Detailed criticisms of the autopsy were specifically identified by Professor Vernon-Roberts in 2004. This information was first known by defence counsel in late 2013 when it was made available to them.........Professor Pounder, like Professor Vernon-Roberts, rejects the results of the autopsy carried out by Dr Manock, results which were the very basis of the prosecution. His comments were also withheld from 2004 until 2013. The court found that “If this fresh and compelling evidence had been available at trial, then the mechanism of murder postulated in evidence by Dr Manock could not have been advanced before the jury. The grip theory advanced by Dr Manock and supported by Dr James would be no more than mere speculation. “The evidence of Dr Manock that, according to the pathology, Ms Cheney’s death was a homicide and that other causes, such as a medical event or an accidental fall, were excluded, either could not have been put forward in those terms or, if it had been, would have been largely discredited.” In other words, Henry Keogh would not have even faced trial without Dr Manock’s (incorrect) evidence. He would not have spent the best part of his life behind bars. Bad science put him there, legal error kept him there."

The entire post can be found at:

http://pursuedemocracy.com/2015/01/henry-keogh-forensic-evidence-withheld-by-the-crown/

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;