Victor Rosario: Massachusetts: False confession/arson 'science' case: Boston Globe story by reporter Milton J. Valencia is an excellent backgrounder to hearing set for November 8, at which the Supreme Judicial Court will hear arguments on whether Ryan has to retry Rosario in the 1982 fire that tore through a dilapidated three-decker in Lowell, killing eight people, including five young children..."Lisa Kavanaugh, one of Rosario’s lawyers, the head of the Innocence Program for the state’s public defender agency, said that Rosario should be exonerated by prosecutors. His conviction was thrown out in large part because advances in forensic technology cast doubt on whether the fire was deliberately set, raising questions about the accuracy of the confession."..."Within 48 hours of the deadly fire, the worst in Lowell history, investigators zeroed in on Rosario, 24 at the time, as their suspect. Fire inspectors reported that burn patterns in the home indicated the fire was intentionally set. Rosario, then a drug addict and alcoholic, first told investigators he had gone to the apartment next door to buy drugs, and then smelled smoke and heard screams. But after five hours of questioning, Rosario signed a statement that he and two friends had thrown Molotov cocktails into the building as revenge for a botched drug deal. Within a year he was convicted and sentenced to multiple life terms. An investigation by the New England Center for Investigative Reporting, published in the Globe in 2010, found grave shortcomings in the police inquiry, however, including in witness identification techniques. The most significant development was in advances in forensic science, which found that the burn patterns police took as definitive evidence of arson are now considered a common occurrence of any house fire, whether intentionally set or not. The appeal filed on Rosario’s behalf also raised the question of whether he was suffering from a delirium caused by severe alcohol withdrawal and submitted to a coerced confession, a finding made by a mental health analysts who testified for the defense. In her decision vacating the conviction, Superior Court Judge Kathe M. Tuttman ruled that the questionable evidence of arson, coupled with evidence of Rosario’s psychosis during alcohol withdrawal, raised doubts as to the veracity of his confession."

STORY: "Freedom remains tenuous for freed prisoner," by Milton J. Valencia, published by The Boston Globe on October 24, 2016.

PHOTO CAPTION: "Since his release in 2014, ordained minister Victor Rosario has preached widely. 

PHOTO CAPTION:  "Victor Rosario was led into court in Lowell in 1982 after the three-decker fire that killed eight people."

GIST: "It has been two years since a judge freed Victor Rosario from prison, and he says it has been a new life. After serving 32 years behind bars for a deadly arson fire he says he did not set, the 59-year-old ordained minister has performed weddings and baptisms, and founded a church group to help former prisoners adjust back to society. He has also become a long-distance runner, and is set to run the New York City Marathon Nov. 6. But two days after the race, Rosario will be back in court. Middlesex County District Attorney Marian T. Ryan appealed the 2014 decision that granted Rosario a new trial, challenging the judge’s assertion that he may have been under a psychotic episode at the time he confessed to the crimes. On Nov. 8, the Supreme Judicial Court will hear arguments on whether Ryan has to retry Rosario in the 1982 fire that tore through a dilapidated three-decker in Lowell, killing eight people, including five young children.In a recent interview, Rosario said he is learning to enjoy his freedom, and tries to not think about being sent back to prison. “At this point, I’m adjusting to the situation, adjusting to the environment, and I am here enjoying every second of it,” Rosario said.........Lisa Kavanaugh, one of Rosario’s lawyers, the head of the Innocence Program for the state’s public defender agency, said that Rosario should be exonerated by prosecutors. His conviction was thrown out in large part because advances in forensic technology cast doubt on whether the fire was deliberately set, raising questions about the accuracy of the confession. Kavanaugh said she welcomes the high court’s review of the case, saying the court’s decision could settle Rosario’s case and others like it that have been built on questionable evidence. “We felt the issues were important and are glad it’s before the highest court, but our wish is that Victor would be done with this and can move on with his life,” she said. Within 48 hours of the deadly fire, the worst in Lowell history, investigators zeroed in on Rosario, 24 at the time, as their suspect. Fire inspectors reported that burn patterns in the home indicated the fire was intentionally set. Rosario, then a drug addict and alcoholic, first told investigators he had gone to the apartment next door to buy drugs, and then smelled smoke and heard screams. But after five hours of questioning, Rosario signed a statement that he and two friends had thrown Molotov cocktails into the building as revenge for a botched drug deal. Within a year he was convicted and sentenced to multiple life terms. An investigation by the New England Center for Investigative Reporting, published in the Globe in 2010, found grave shortcomings in the police inquiry, however, including in witness identification techniques. The most significant development was in advances in forensic science, which found that the burn patterns police took as definitive evidence of arson are now considered a common occurrence of any house fire, whether intentionally set or not. The appeal filed on Rosario’s behalf also raised the question of whether he was suffering from a delirium caused by severe alcohol withdrawal and submitted to a coerced confession, a finding made by a mental health analysts who testified for the defense. In her decision vacating the conviction, Superior Court Judge Kathe M. Tuttman ruled that the questionable evidence of arson, coupled with evidence of Rosario’s psychosis during alcohol withdrawal, raised doubts as to the veracity of his confession. Ryan’s appeal argues that Tuttman overstepped her authority because no new evidence was presented by the defense. In the original trial, Rosario had already argued unsuccessfully that he was having a psychotic episode at the time of the confession, and prosecutors said the new diagnosis that he suffered from delirium tremens should not alter the initial decision. Prosecutors also argued that the reputed advances in scientific evidence cited by the defense were not sufficient to overturn the verdict, saying Rosario’s confession confirmed that the fire had been arson. Materials used to make the same type of Molotov cocktails Rosario said he threw at the house were found in the basement of his apartment building after the fire. Rosario is the only person convicted in the case; he refused to testify against the two accomplices he named during his confession, and they have since died."

The entire story can be found at:
.

https://www.bostonglobe.com/metro/2016/10/23/freedom-remains-tenuous-for-freed-prisoner/cwlpsDOBv7Iue1CwRaAGzJ/story.html

PUBLISHER'S NOTE:  I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html  Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  
Harold Levy. Publisher; The Charles Smith Blog.

Chris Tapp: Idaho; (False confession case): 'Judges for Justice' - a wrongful conviction group - issues a scathing response to Twin Falls private investigator Stuart Robinson's report on Tapp's conviction...“Statements made by Tapp of his personal involvement in the death of Angie are either tainted, questionable or unlikely,” Robinson wrote. The prosecution-commissioned report also indicated that former Detective Jared Fuhriman, who later served as mayor of Idaho Falls, gave untruthful testimony when he told jurors Tapp had volunteered information only the killer could know. But Robinson, unlike other outside experts, concluded that Tapp must have been a witness to the crime. He didn’t point to many specific pieces of evidence which led him to that conclusion, saying instead it was based on his overall impression. “While dismissing Tapp’s statements as ‘unreliable, tainted’ and ‘unlikely,’ Robinson inexplicably uses those very same statements to attempt to prove Tapp’s presence at the murder scene,” Judges for Justice wrote...“Robinson’s mistaken belief that Tapp was present at the murder scene was based on a false premise, conjecture and inaccurate information, and his report was ultimately unable to authoritatively refute a single conclusion regarding the innocence of Christopher Tapp,” Judges for Justice wrote."

STORY: "Judges for Justice responds to Tapp report," by reporter Bryan Clark, published by The Post Register on October 24, 2016.

PHOTO CAPTION: "Christopher Tapp reacts to his guilty verdict during his 1998 trial. Tapp was sentenced to 30 years for the 1996 murder of Angie Dodge."

GIST:  "Wrongful conviction group Judges for Justice has issued a scathing response to Twin Falls private investigator Stuart Robinson’s review of the conviction of Chris Tapp. “While the Robinson Report cannot ignore the obviously corrupt nature of any ‘confession’ by Christopher Tapp, Robinson fails in any way to comprehend the truth of the Angie Dodge murder,” the group wrote. “Instead, (Robinson’s) report is based almost completely on conjecture and invalid premises.”Tapp is serving 30 years to life in prison for the 1996 murder of 18-year-old Dodge. He was convicted on the basis of his confession to participating in the crime. A slew of reports from former FBI supervisory special agents, wrongful conviction experts, polygraph experts and others in recent years have found that Tapp’s was a false confession made under police coercion. The first round of wrongful conviction reports caused then-Prosecutor Bruce Pickett to ask the Bonneville County Commission for $25,000 to hire an outside expert to review the case. After 15 months, and with a $36,000 final price tag, Robinson’s report was released last month. The report found, similar to reports from outside experts, that detectives broke with sound investigative procedure by feeding Tapp virtually all of the details of the crime that wound up in his final confession. Normally, investigators hold back nonpublic details of a crime so that a confession can be verified when a suspect gives them information only the killer could know. “Statements made by Tapp of his personal involvement in the death of Angie are either tainted, questionable or unlikely,” Robinson wrote. The prosecution-commissioned report also indicated that former Detective Jared Fuhriman, who later served as mayor of Idaho Falls, gave untruthful testimony when he told jurors Tapp had volunteered information only the killer could know. But Robinson, unlike other outside experts, concluded that Tapp must have been a witness to the crime. He didn’t point to many specific pieces of evidence which led him to that conclusion, saying instead it was based on his overall impression. “While dismissing Tapp’s statements as ‘unreliable, tainted’ and ‘unlikely,’ Robinson inexplicably uses those very same statements to attempt to prove Tapp’s presence at the murder scene,” Judges for Justice wrote.........Judges for Justice also criticized Robinson for assuming Ben Hobbs, a man who has never been charged in the crime, is guilty of participating in it. Hobbs was an initial suspect in the crime, and Tapp was pressured to (and eventually did) implicate him in the crime. Neither Hobbs’ nor Tapp’s DNA matches semen, skin cells and other DNA samples left at the crime scene. “Robinson’s mistaken belief that Tapp was present at the murder scene was based on a false premise, conjecture and inaccurate information, and his report was ultimately unable to authoritatively refute a single conclusion regarding the innocence of Christopher Tapp,” Judges for Justice wrote. The response calls on Prosecutor Danny Clark to immediately move for Tapp’s release, citing a portion of the Idaho Rules of Criminal Procedure: “When a prosecutor knows of clear and convincing evidence establishing that the defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.”.........The report also calls on the Idaho Falls Police Department to solve the crime. “There is but one way to solve this murder, and bring the actual killer of Angie Dodge to justice: Find the DNA match. Continuing to waste time and resources defending a bad conviction distracts from that goal, and is an affront to the public interest.”

The entire post can be found at: 

http://www.postregister.com/articles/chris-tapp-coverage-featured-news/2016/10/24/judges-justice-responds-tapp-report#

PUBLISHER'S NOTE:  I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html  Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  
Harold Levy. Publisher; The Charles Smith Blog.

Jose Maysonet: Illinois; White elephant; Alleged beating by former Chicago Police Detective Reynaldo Guevero which caused Maysonet to falsely confess to a double-murder - prompts appeal court to vacate the convictions and order a new trial..."Jose Maysonet said Guevara hit him with a flashlight and phone book while he was handcuffed to a wall during his interrogation for the slayings on May 25, 1990. Maysonet, now 48, also said he did not know English when he was forced to confess to the shooting deaths of brothers Torrence and Kevin Wiley. According to a lawsuit Maysonet filed last year against his former attorneys, the only evidence against him at his 1995 trial was a confession obtained by Guevara. Guevara has been accused of framing other murder suspects whose convictions were later vacated." WFLD

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers, prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson;  I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to   what I see as a major problem in all too many criminal justice system's - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;
http://smithforensic.blogspot.ca/2010/04/david-kofoed-and-elephant-in-crime-lab.html

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STORY:  "Man's double-murder conviction vacated, granted new trial," published by The Chicago Sun-Times on October 26, 2016.

GIST: "A man who said he was beaten by former Chicago Police Detective Reynaldo Guevara and forced to confess to a double murder had his conviction vacated Wednesday and was granted a new trial, the Chicago Sun-Times is reporting. Jose Maysonet said Guevara hit him with a flashlight and phone book while he was handcuffed to a wall during his interrogation for the slayings on May 25, 1990. Maysonet, now 48, also said he did not know English when he was forced to confess to the shooting deaths of brothers Torrence and Kevin Wiley. According to a lawsuit Maysonet filed last year against his former attorneys, the only evidence against him at his 1995 trial was a confession obtained by Guevara. Guevara has been accused of framing other murder suspects whose convictions were later vacated. Maysonet had his conviction and sentence vacated by Cook County Judge Rickey Jones, according to court records. Maysonet had been serving a life sentence for the murders, said Jennifer Bonjean, his current attorney."

The entire story can be found at:

http://www.fox32chicago.com/news/crime/213791043-story

PUBLISHER'S NOTE:  I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html  Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  
Harold Levy. Publisher; The Charles Smith Blog.

Syna Lim; Florida; The murder conviction and life sentence of this Mandarin babysitter have been vacated in light of new evidence that a 2-year-old St. Augustine child in her care was not beaten to death, but instead died from high blood sugar due to undiagnosed juvenile diabetes..."Lim was convicted and Circuit Judge Mallory Cooper sentenced her to life in prison for the murder and an additional 30 years for child abuse. But according to court records, years after the conviction an Orlando pathologist and a Jacksonville pediatrician re-examined the case and determined that Amara did not die from blunt force trauma at all. They testified that Amara had been suffering from diabetes and a condition called “disseminated intravascular coagulation,” or DIC, that produces uncontrolled internal bleeding. “Uncontrolled bleeding from DIC, the physicians testified, likely caused the bruising and other discolorations on or about the child which were interpreted by the treating personnel as indications of trauma,” Jacobson said in court filings. In other words, the medical evidence suggests Amara may have died from internal bleeding and was never the victim of blunt force trauma, Jacobson said."

STORY: "Conviction overturned for Jacksonville baby sitter; new evidence shows toddler may have died from diabetic condition," by reporter Larry Hannon, published by The Florida Times-Union on October 21, 2106. Thanks to Mike Bowers of CSIDDS (Forensics in Focus) for drawing this story to our attention.

GIST: "A judge threw out the conviction and life sentence of a Mandarin baby sitter after new evidence suggesting that a 2-year-old St. Augustine child in her care was not beaten to death, but instead died from high blood sugar due to undiagnosed juvenile diabetes. This week Circuit Judge Angela Cox ordered a new trial for Syna Lim, 48, who was convicted in 2009 for the murder of Amara Ou. Lim will now get a new trial if outgoing State Attorney Angela Corey and State Attorney-elect Melissa Nelson choose to retry her. Prosecutors also could choose to drop the case and let Lim go free, or Cox’s ruling could be sent to the 1st District Court of Appeal in Tallahassee......... But a new trial could raise troubling questions about former Chief Medical Examiner Margarita Arruza, who conducted the original autopsy on Amara and did not find she was suffering from diabetes. Aruzza resigned several years later, and allegations have surfaced that she suffered from the early effects of Alzheimer’s disease while still serving as medical examiner. The toddler’s father left her in Lim’s care at the woman’s Jacksonville residence at 6305 Devonhurst Drive in 2006. Lim later told police the child wouldn’t wake up from a nap a few hours later, so for two hours she tried calling the mother before reaching the father. Doctors said the 2-year-old was brain dead upon arrival at the hospital and had bruises on her head and limbs. Lim told police she was doing laundry, and Amara must have fallen off the couch. Prosecutors charged Lim with first-degree murder and child abuse and said she hit Amara with the handle of a flyswatter and then delivered a crushing blow to the child’s skull. Chief Assistant Public Defender Refik Eler and Assistant Public Defender Michelle Barki did not dispute that Ou had died from blunt head force trauma at the original trial but contended it wasn’t Lim who did it. “Once blunt force trauma became accepted by all parties as the child’s cause of death, with no suggested alternate cause of death, the defendant was doomed,” wrote Lim’s current attorney, Samuel Jacobson, in court filings arguing that she deserved a new trial. Eler has been found to be ineffective in criminal cases four times in recent years, but Cox did not find him deficient in this case.
Lim was convicted and Circuit Judge Mallory Cooper sentenced her to life in prison for the murder and an additional 30 years for child abuse. But according to court records, years after the conviction an Orlando pathologist and a Jacksonville pediatrician re-examined the case and determined that Amara did not die from blunt force trauma at all. They testified that Amara had been suffering from diabetes and a condition called “disseminated intravascular coagulation,” or DIC, that produces uncontrolled internal bleeding. “Uncontrolled bleeding from DIC, the physicians testified, likely caused the bruising and other discolorations on or about the child which were interpreted by the treating personnel as indications of trauma,” Jacobson said in court filings. In other words, the medical evidence suggests Amara may have died from internal bleeding and was never the victim of blunt force trauma, Jacobson said. He said their motions to dismiss did not involve the competence of Aruzza since the focus of their argument was that this was new evidence that justified a new trial.
“Mrs. Lim’s new evidence is her most important evidence,” Jacobson said. “With it her innocence is realistically demonstrable.” But if prosecutors choose to go back to court, Jacobson said he intended to challenge the original autopsy and raise the issue of Aruzza’s competence. The Orlando pathologist questioned the competence and soundness of mind of the person who did the original autopsy, Jacobson said."

The entire story can be found at:

http://jacksonville.com/news/2016-10-21/conviction-overturned-jacksonville-baby-sitter-new-evidence-shows-toddler-may-have

See CSIDDS (Forensics in Focus) post - 'medical examiner health issues in play after vacated SBS conviction - at the link below: "This story from FLA reveals many issues involving the fact that forensic autopsy’s are prone to mistakes and omissions. “New evidence” includes an ME’s health history, resignation, and a dead child’s disease-borne cause-of-death versus abuse by the convicted nanny. Plus, the political issues are massive considering the lame-duck Floridian Attorney General Angela Corey being involved in retrying the defendant. She has received considerable bad press and got ousted from office this month. Here is something about people “dancing in the streets” over that."

https://csidds.com/2016/10/27/medical-examiner-health-issues-in-play-after-vacated-sbs-conviction/

PUBLISHER'S NOTE:  I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html  Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  
Harold Levy. Publisher; The Charles Smith Blog.

Derek Bromley: Australia; (A discredited pathologist Colin Manock case): 'Network Knowledge' highlights his case in a release related to the announcement today by the Federal Attorney-General that the Australian Law Reform Commission will conduct an inquiry into the incarceration rate of Indigenous Australians..."Derek Bromley, an aboriginal man in South Australia, is still in prison having served some 33 years. He is more than 10 years past his non-parole period of 22 years. He is told that he cannot apply for parole because he will not say that he is sorry for the crime for which he was convicted. Being innocent of this crime he maintains that an apology would be inappropriate. The cost of his incarceration over the last ten years is in excess of $800,000. If he had been guilty he would have been sent home 10 years ago. His claim to be wrongfully convicted is well-founded. The forensic evidence was given at his trial by Dr Colin Manock. The state of South Australia in 1976 gave sworn evidence to a court to the effect that Dr Manock was not qualified to complete an autopsy on his own. The state also said he was not qualified as an expert – which means that he was not entitled to give expert opinion evidence in any court proceedings. Even if his evidence had been correct (which it wasn’t) it would still have been inadmissible. In addition, it was acknowledged in Mr Bromley’s previous appeal that one of the eye-witnesses at Mr Bromley’s trial was suffering from a mental condition and was experiencing hallucinations on the night of the incident. There is a strong argument to say that his evidence also should have been inadmissible."

QUOTE OF THE DAY: "The forensic evidence was given at his trial by Dr Colin Manock. The state of South Australia in 1976 gave sworn evidence to a court to the effect that Dr Manock was not qualified to complete an autopsy on his own. The state also said he was not qualified as an expert – which means that he was not entitled to give expert opinion evidence in any court proceedings. Even if his evidence had been correct (which it wasn’t) it would still have been inadmissible."

RELEASE: "Aboriginal Incarceration Rates in Australia The case of Derek Bromley,"   by Dr. Bob Moles, published by 'Networked Knowledge' on October 27, 2016.

GIST: "Networked Knowledge welcomes the announcement today by the Federal Attorney-General that the Australian Law Reform Commission will conduct an inquiry into the incarceration rate of Indigenous Australians. The Australia Bar association has described the current figures as a "national disgrace". In this context it is important to note that Mr Derek Bromley, an aboriginal man in South Australia, is still in prison having served some 33 years. He is more than 10 years past his non-parole period of 22 years. He is told that he cannot apply for parole because he will not say that he is sorry for the crime for which he was convicted. Being innocent of this crime he maintains that an apology would be inappropriate. The cost of his incarceration over the last ten years is in excess of $800,000. If he had been guilty he would have been sent home 10 years ago. His claim to be wrongfully convicted is well-founded. The forensic evidence was given at his trial by Dr Colin Manock. The state of South Australia in 1976 gave sworn evidence to a court to the effect that Dr Manock was not qualified to complete an autopsy on his own. The state also said he was not qualified as an expert – which means that he was not entitled to give expert opinion evidence in any court proceedings. Even if his evidence had been correct (which it wasn’t) it would still have been inadmissible. In addition, it was acknowledged in Mr Bromley’s previous appeal that one of the eye-witnesses at Mr Bromley’s trial was suffering from a mental condition and was experiencing hallucinations on the night of the incident. There is a strong argument to say that his evidence also should have been inadmissible. Mr Bromley is pursuing an application for leave to appeal under the new statutory right of appeal which is now available in South Australia. The ethical response to that would be for the Crown to concede that appealable error has occurred and to take all reasonable steps to ensure that the conviction is set aside and that Mr Bromley is released from custody."

The entire release can be found at:

http://netk.net.au/Bromley/Bromley13.pdf

PUBLISHER'S NOTE:  I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html  Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  
Harold Levy. Publisher; The Charles Smith Blog.

Christopher Youngkin: Texas; Chris Seaton has a point well made on 'Mimesis Law' - a stimulating, insightful blog published by Lee Pacchia and a cohort of bright, interesting contributors: "Something’s rotten when a state expert takes the fifth."..."With allegedly “thousands of cases” where Youngkin tested blood samples now in question, Christopher Youngkin’s decision to consult with an attorney and invoke his Fifth Amendment rights places doubts in the head of every trier of fact and defense attorney who had Youngkin as an “expert witness” during a trial on edge. If what he said was so egregious he felt it necessary to invoke his Fifth Amendment rights, what else does he have to hide? This is a tough hurdle for the State, and Youngkin, to overcome in the current case and others. A three-year-old inconsistency during a blood test, followed by confrontation of inconsistent testimony under oath regarding those tests, led to a “credible” Texas “Forensic Blood Analyst” being shaken so bad he took the Fifth and asked for time to consult an attorney before a misdemeanor DWI trial could proceed."

POST: "Something’s Rotten When A State Expert Takes The Fifth,"by Chris Seaton, published by 'Mimesis Law' on October 25, 2-16. Christopher Seaton is a criminal defense and domestic relations attorney in Knoxville, Tennessee - and a regular contributor to Mimesis Law. "Lee Pacchia is the Founder and CEO of Mimesis Law which covers the business, practice and culture of Law, as well as Mimesis Labs which partners with companies and organizations to design, create and leverage video content. Previously, Lee helped design and launch the multimedia channel for Bloomberg Law. From designing the product to hosting and producing three WebTV shows a week, Lee helped guide the project to become one of the most visible media platforms in American legal journalism. Prior to joining Bloomberg Law, Lee clerked for the Hon. Raymond T. Lyons in the United States Bankruptcy Court, District of New Jersey. Lee holds a JD from New York Law School and a BA from Wesleyan University. He lives in New York City."

GIST: "A truism of criminal defense is the state’s expert witnesses carry an added layer of credibility defense experts never see. This extra veneer of righteousness comes from the misguided notion the State’s experts are there to put away bad guys who did nasty things. That’s why, when a State expert asserts his Fifth Amendment right against self-incrimination, lawyers all over the country pay attention. The expert in question is Christopher Youngkin, a Forensic Blood Analyst for Texas’s Department of Public Safety. Youngkin is responsible for testing the blood alcohol content in a DWI defendant’s blood after it’s drawn and testifying about the results in court. An email from Dallas-based attorney Hunter Biederman* alleges Youngkin is the analyst “on probably over 10,000 blood test cases.” One of those cases was a 2013 incident where Youngkin switched blood vials in two cases, giving a defendant a blood alcohol content (BAC) of .15 when she had none in her body. Local police notified Youngkin of the error, and the Texas DPS named an investigator who issued a “quality action plan” identifying Christopher Youngkin as the person involved with the error. The investigator determined the blood switching case to be an isolated incident, and Youngkin notified the District Attorney’s office of the error. No harm, no foul, until Youngkin took the stand in an October, 2016 DWI case in Collin County, Texas and stated under oath he’d never switched vials during a test for blood alcohol content. According to the “Motion for Speedy Rehearing” filed by Hunter Biederman on October 13, Christopher Youngkin’s testimony is inconsistent with two previous hearings. During a July, 2015 hearing, Youngkin testified under oath he’d never switched vials. A September, 2016 trial saw the “Forensic Blood Analyst” walk back his previous statement and say he did switch blood vials at one point. Finally, during the hearing on October 12, 2016, Youngkin stated once again he’d never switched vials during a test for blood alcohol content. When presented with statements to the contrary, Youngkin exercised his Fifth Amendment right against self-incrimination and asked for time to consult an attorney. This is bigger than just the current case, because of the Brady violations in play. Fault Lines contributors regularly discuss Brady violations and what to do when they occur, because it involves evidence withheld by the prosecution or cops that could potentially cause a trier of fact to not find a defendant guilty beyond a reasonable doubt. Here, Christopher Youngkin’s inconsistent statements are the tip of the iceberg. Counsel for defendant Tyler Avaritt weren’t notified of the “quality action plan,” any indication of Youngkin’s alleged “isolated incident,” or other documents until Tyler Avaritt’s case was set for trial, and even then the prosecution turned over a flimsy email regarding the gaffe in blood testing..........Christopher Youngkin’s credibility is shot as well for the duration of this trial, and possibly others. When County Court at Law Judge Lance S. Baxter advised Youngkin of his right to remain silent and consult an attorney, it served as a strong indicator the Judge didn’t think it was a good idea the longtime DPS blood analyst to speak any further. When Youngkin invoked those rights, putting Tyler Avaritt’s trial on hold while he called a lawyer to consult his options, it invoked a strong sense of serious wrongdoing by Youngkin. With allegedly “thousands of cases” where Youngkin tested blood samples now in question, Christopher Youngkin’s decision to consult with an attorney and invoke his Fifth Amendment rights places doubts in the head of every trier of fact and defense attorney who had Youngkin as an “expert witness” during a trial on edge. If what he said was so egregious he felt it necessary to invoke his Fifth Amendment rights, what else does he have to hide? This is a tough hurdle for the State, and Youngkin, to overcome in the current case and others. A three-year-old inconsistency during a blood test, followed by confrontation of inconsistent testimony under oath regarding those tests, led to a “credible” Texas “Forensic Blood Analyst” being shaken so bad he took the Fifth and asked for time to consult an attorney before a misdemeanor DWI trial could proceed." This brings to mind the musings of noted legal scholars Mobb Deep, who once stated the following regarding situations like the one in which Christopher Youngkin now finds himself."

The entire post can be found at:

http://mimesislaw.com/fault-lines/christopher-youngkin-somethings-rotten-when-a-state-expert-takes-the-fifth/13722

PUBLISHER'S NOTE:  I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html  Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  
Harold Levy. Publisher; The Charles Smith Blog.

LaMonte Armstrong: North Carolina: White elephant: (Police misconduct - causing false confession); He receives 6.42 Million in a wrongful conviction lawsuit, in which, "the charges against him rested on testimony from Charles Blackwell, a police informant who later revealed he was paid $200 dollars for his testimony and later threatened with jail time for the murder if he didn’t testify."..."In 2010, the case crumbled when Blackwell recanted his testimony and admitted to the detective misconduct rampant in the investigation. The Duke Law Wrongful Convictions Clinic took on the case in 2011 and discovered through DNA testing that a palm print found at the scene of the crime did not match Armstrong but a convicted felon who had briefly been a suspect in 1992."

In the years since I started publishing this Blog I have become increasingly disturbed by the 'white elephant' in the room: Sheer, unadulterated, willful   misconduct in the criminal justice system - much  of it involving forensic evidence - committed by lab technicians,  pathologists, police officers (bought, coerced through physical violence or threat) or induced false confessions), prosecutors and others.  Think Annie Dookhan; Think Sonia Farak; Think David Kofoed; Think Charles Smith; Think Ken Anderson;  I have therefore decided to run this image of a white elephant at the top of every applicable post henceforth, to draw our reader's attention to   what I see as a major problem in all too many criminal justice system's - my own included.  Harold Levy; Publisher: The Charles Smith Blog;
"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;
http://smithforensic.blogspot.ca/2010/04/david-kofoed-and-elephant-in-crime-lab.html

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RELEASE: "Man receives 6.42 million in wrongful conviction lawsuit," by Alejandra de la Fuente,  released by The Florida Innocence Project, on October 25, 2016.


GIST: "This week we congratulate former Greensboro resident LaMonte Armstrong for being paid 6.42 million dollars by the city of Greensboro, North Carolina because of his wrongful conviction in 1995. Armstrong was exonerated in 2013 of a murder he did not commit. From the start, the case against Armstrong was shaky. The charges against him rested on testimony from Charles Blackwell, a police informant who later revealed he was paid $200 dollars for his testimony and later threatened with jail time for the murder if he didn’t testify. In 2010, the case crumbled when Blackwell recanted his testimony and admitted to the detective misconduct rampant in the investigation. The Duke Law Wrongful Convictions Clinic took on the case in 2011 and discovered through DNA testing that a palm print found at the scene of the crime did not match Armstrong but a convicted felon who had briefly been a suspect in 1992. After Armstrong was exonerated, the state gave him $750,000 in compensation as well as a governor’s pardon from Pat McCrory. However, because of the aforementioned detective misconduct, he filed a lawsuit against the city of Greensboro in 2013. On October 21th of this year, Armstrong and his attorney David Rudolf won the case 5-1."

The entire release can be found at:
 http://floridainnocence.org/content/?p=13474

PUBLISHER'S NOTE:  I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html  Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  
Harold Levy. Publisher; The Charles Smith Blog.