Iwao Hakamada: Japan: (Blood-stained clothing planted by the police?) Major (Welcome) Development: As the former professional boxer's retrial on 1966 murders begins, his sister claims that he is innocent, 'Mainichi' reports…"A former professional boxer and death-row inmate accused of a 1966 quadruple murder in central Japan is innocent, his elderly sister said Friday, in the first hearing of his retrial that is likely to lead to his exoneration. Iwao Hakamada, 87, was exempted from attending the retrial at the Shizuoka District Court, as his mental state has deteriorated after spending nearly half a century behind bars before new evidence led to his release in 2014. "I will plead my brother's innocence for him. Please grant Iwao true freedom," 90-year-old Hideko said, appearing at the trial in his place. Prosecutors say Hakamada is guilty, arguing in their opening statement that it was possible for him to have committed the crime at the miso shop where he was working as a live-in employee, as the suspect was likely to be someone related to the company."

PASSAGE OF THE DAY:  "It is likely that Hakamada will be acquitted, as the criminal procedure law says that a retrial will be opened if there is "clear evidence to find the accused not guilty." He initially confessed to the killings during intense interrogation but pleaded not guilty at his trial, where he was indicted for murder, robbery and arson. His death sentence was finalized in 1980 based on a ruling that blood on five clothing items found in a miso tank 14 months after the murder matched the blood types of the victims and Hakamada. The retrial comes after the Tokyo High Court, which was ordered by the Supreme Court in 2020 to re-examine its 2018 decision not to reopen the case, reversed course and ordered the retrial in March, citing the unreliability of the main evidence used. The high court said there was a strong possibility that the five pieces of blood-stained clothing that Hakamada allegedly wore during the incident had been planted by investigators in the tank of miso soybean paste in which they were found. Prosecutors argue there was no basis for fabricating the evidence and plan to question a forensic scientist."

-------------------------------------------------------

STORY: "Retrial of 1966 murders begins, sister claims brother is innocent," published by The Mainichi, on October 27, 2023.

GIST: SHIZUOKA (Kyodo) -- "A former professional boxer and death-row inmate accused of a 1966 quadruple murder in central Japan is innocent, his elderly sister said Friday, in the first hearing of his retrial that is likely to lead to his exoneration.

Iwao Hakamada, 87, was exempted from attending the retrial at the Shizuoka District Court, as his mental state has deteriorated after spending nearly half a century behind bars before new evidence led to his release in 2014.

"I will plead my brother's innocence for him. Please grant Iwao true freedom," 90-year-old Hideko said, appearing at the trial in his place.

Prosecutors say Hakamada is guilty, arguing in their opening statement that it was possible for him to have committed the crime at the miso shop where he was working as a live-in employee, as the suspect was likely to be someone related to the company.

Hakamada was arrested for killing the firm's senior managing director, his wife and two of their children. They were found stabbed to death at their Shizuoka Prefecture home, which had burned down.

His defense team claimed that Hakamada has had his life stolen from him and that the responsibility lay not just with the investigative authorities, but also with his counsel and judges.

"What really needs to be tried in this retrial is our country's judicial system, which brought about false charges," the defense said.

Presiding Judge Koshi Kunii said he exempted Hakamada from appearing in court because he "still has symptoms associated with detention" based on his doctor's diagnosis.

It is the first such case in which a surviving defendant has been exempt from attending hearings of their retrial, according to his defense team.

About 30 people gathered near the Shizuoka District Court to express their support for Hakamada, while he stayed at home in the city of Hamamatsu.

Holding banners and signs, they urged a swift acquittal, pointing to his advanced age.

According to the supporters, Hakamada seemed to act the same as usual as he ate his breakfast of fruit and corn and took his daily walk in the afternoon.

It is likely that Hakamada will be acquitted, as the criminal procedure law says that a retrial will be opened if there is "clear evidence to find the accused not guilty."

He initially confessed to the killings during intense interrogation but pleaded not guilty at his trial, where he was indicted for murder, robbery and arson.

His death sentence was finalized in 1980 based on a ruling that blood on five clothing items found in a miso tank 14 months after the murder matched the blood types of the victims and Hakamada.

The retrial comes after the Tokyo High Court, which was ordered by the Supreme Court in 2020 to re-examine its 2018 decision not to reopen the case, reversed course and ordered the retrial in March, citing the unreliability of the main evidence used.

The high court said there was a strong possibility that the five pieces of blood-stained clothing that Hakamada allegedly wore during the incident had been planted by investigators in the tank of miso soybean paste in which they were found.

Prosecutors argue there was no basis for fabricating the evidence and plan to question a forensic scientist.

The Shizuoka District Court put aside five days for the hearings, but proceedings are unlikely to conclude by the end of this year.

It is the fifth time in postwar Japan that a retrial has been finalized for a case in which the death penalty had been given. The four previous cases all resulted in acquittals in the 1980s."

-----------------------------

https://mainichi.jp/english/articles/20231027/p2g/00m/0na/025000c

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;

—————————————————————————————————

FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

------------------------------------------------------------------

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

———————————————

Tasha Selby: Mississippi: (Shaken Baby Syndrome): Convicted over 20 years ago for the death of her former-fiance’s son, her case could be reexamined through a conviction integrity unit proposed by a Democratic Attorney General candidate - but Mississippi today (Reporter Mina Corpuz) reports that Tasha Selby has few hopes for freedom in this shaken bay death conviction…"Shelby’s attorney, family members and supporters believe she is innocent because of the toddler’s family history of seizures and evolving science behind “Shaken Baby Syndrome.” They see a conviction integrity unit as one of the last options they could use to free Shelby. “We’ve been fighting for Tasha for 26 years,” said Shelby’s aunt Penny Warner at a Tuesday press conference with Kemp Martin. Last week a panel of the state Supreme Court denied her request for a new trial. That leaves Shelby with few options such as asking the attorney general to dismiss her charge or requesting a pardon from the governor’s office, which the supporters have done. Kemp Martin, who met and talked with Shelby last week, said her proposed conviction integrity unit could help her and others across the state. She said the unit would look at cases of innocence, wrongful conviction, prosecutorial misconduct and evidence. “Her fate is sealed unless someone steps in to intervene,” Kemp Martin said."

PASSAGE OF THE DAY: "A seizure or shaken baby syndrome? On the early morning of May 30, 1997, 22-year-old Shelby heard a thump and found 2½-year-old Bryan on the floor struggling to breath and having what appeared to be a seizure. She called the toddler’s father who was at work and they rushed the toddler to the hospital.  Prosecutors believed Shelby was responsible for the toddler’s brain injuries. An expert witness for the state who conducted the autopsy testified Bryan’s injuries showed someone intentionally shook him and banged his head against something – injuries consistent with “shaken baby syndrome.”  Yet in a similar later case in Alabama where state expert Dr. Scott Benton was a paid expert for the defense, he offered conflicting testimony. West Virginia Innocence Project Director Valena Beety took on Shelby’s case in 2011 while working at the Mississippi Innocence Project. In interviews and court filings, Beety has argued that Shelby is innocent, and experts have cited advances in medical science that have undermined shaken baby syndrome – now referred to as abusive head trauma."

————————————————————————————

PASSAGE TWO OF THE DAY: "Legal attempts to revisit Shelby’s conviction:

LeRoy Riddick, the medical examiner who ruled Bryan’s death a homicide, reexamined medical records and concluded a family history of seizures may have contributed to the toddler’s death and produce injuries that are consistent with shaken baby syndrome, so he changed the manner of death from homicide to an accident, Mississippi Today reported in its investigation “Shaky Science, Fractured Families.”  From Riddick’s updated opinion and evolving science about shaken baby syndrome, Shelby asked for a new trial. The state called child abuse pediatrician Benton to testify at Shelby’s 2018 Post-Conviction Relief hearing. He maintained that Bryan died from blunt force trauma with shaking.  The next year, a Harrison County Circuit Court judge upheld Shelby’s conviction, saying that shaken baby syndrome hasn’t been “debunked.” 

----------------------------------------------------------------

STORY: "Woman has few hopes for freedom in shaken bay death conviction, by  Criminal Justice Reporter Reporter Mina Corpuz,  published by Mississippi Today on October 26, 2023. 

GIST: The case of a woman convicted over 20 years ago for the death of her former-fiance’s son could be reexamined through a conviction integrity unit proposed by Democratic Attorney General candidate Greta Kemp Martin. 

Tasha Shelby has been serving a life sentence without parole at the Central Mississippi Correctional Facility since her 2000 capital murder conviction for the death of her stepson, Bryan Thompson IV. 

Shelby’s attorney, family members and supporters believe she is innocent because of the toddler’s family history of seizures and evolving science behind “Shaken Baby Syndrome.” 

They see a conviction integrity unit as one of the last options they could use to free Shelby. 

“We’ve been fighting for Tasha for 26 years,” said Shelby’s aunt Penny Warner at a Tuesday press conference with Kemp Martin. 

Last week a panel of the state Supreme Court denied her request for a new trial. That leaves Shelby with few options such as asking the attorney general to dismiss her charge or requesting a pardon from the governor’s office, which the supporters have done. 

Kemp Martin, who met and talked with Shelby last week, said her proposed conviction integrity unit could help her and others across the state. She said the unit would look at cases of innocence, wrongful conviction, prosecutorial misconduct and evidence. 

“Her fate is sealed unless someone steps in to intervene,” Kemp Martin said.

Warner planned to visit Shelby after the press conference and tell her about the recent development in her case. The Tennessee native is the relative who lives closest to Shelby, and Warner said she makes the drive down to the Jackson area every few months. 

Warner sees Shelby as one of her daughters and she’s waiting for the call that says she can come home. Her niece would live with her, and Warner has already prepared an outfit for her niece to wear when she gets out of prison. 

“I cannot do what she has done,”  Warner said about her niece being incarcerated for over 20 years. “She has remained so positive. She has a very strong faith and we all pray for her all the time. I kept thinking she’d be home by now.” 

A seizure or shaken baby syndrome? 

 On the early morning of May 30, 1997, 22-year-old Shelby heard a thump and found 2½-year-old Bryan on the floor struggling to breath and having what appeared to be a seizure. She called the toddler’s father who was at work and they rushed the toddler to the hospital. 

Prosecutors believed Shelby was responsible for the toddler’s brain injuries. An expert witness for the state who conducted the autopsy testified Bryan’s injuries showed someone intentionally shook him and banged his head against something – injuries consistent with “shaken baby syndrome.” 

Yet in a similar later case in Alabama where state expert Dr. Scott Benton was a paid expert for the defense, he offered conflicting testimony.

West Virginia Innocence Project Director Valena Beety took on Shelby’s case in 2011 while working at the Mississippi Innocence Project. In interviews and court filings, Beety has argued that Shelby is innocent, and experts have cited advances in medical science that have undermined shaken baby syndrome – now referred to as abusive head trauma.

Legal attempts to revisit Shelby’s conviction

LeRoy Riddick, the medical examiner who ruled Bryan’s death a homicide, reexamined medical records and concluded a family history of seizures may have contributed to the toddler’s death and produce injuries that are consistent with shaken baby syndrome, so he changed the manner of death from homicide to an accident, Mississippi Today reported in its investigation “Shaky Science, Fractured Families.” 

From Riddick’s updated opinion and evolving science about shaken baby syndrome, Shelby asked for a new trial. The state called child abuse pediatrician Benton to testify at Shelby’s 2018 Post-Conviction Relief hearing. He maintained that Bryan died from blunt force trauma with shaking. 

The next year, a Harrison County Circuit Court judge upheld Shelby’s conviction, saying that shaken baby syndrome hasn’t been “debunked.” 

Shelby tried the federal court by filing a habeas petition with the U.S. District Court for the Southern District of Mississippi in 2021, but earlier this year that petition was dismissed because it was time-barred. 

Beety, Shelby’s attorney, filed another petition for post-conviction relief in March based on contradictory testimony by Benton, which was first reported in Mississippi Today’s “Shaky Science, Fractured Families” series. 

She argued in the court records that the testimony Benton gave as an expert in 2022 for a man accused of child abuse in Alabama would have supported relief for Shelby at her 2018 post-conviction relief hearing. 

The motion for post-conviction relief also cited new evidence: one of the jurors in Shelby’s case was the toddler’s great-uncle by marriage and had heard about the child’s death before trial, according to court records. 

A panel of the state Supreme Court dismissed Shelby’s request for a new trial but allowed the George Cochran Innocence Project at Ole Miss to file an amicus brief to support her. Beety, Shelby’s attorney, said the order did not make sense, so she has filed a motion for clarification this week. "

The entire story can be read at:
https://mississippitoday.org/2023/10/24/tasha-shelby-has-few-hopes-for-freedom-fromconviction-in-shaken-baby-death/

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;

—————————————————————————————————

FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

------------------------------------------------------------------

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

———————————————

Phillip Hancock; Death Row: Oklahoma: (Execution set for November 30): Prosecutors refusal to test DNA Evidence has forced him to file a federal lawsuit, the Death Penalty Information Center reports…"On October 4, 2023, Phillip Hancock, an Oklahoma death-sentenced prisoner scheduled for execution on November 30, filed a Section 1983 lawsuit in federal court requesting the release of physical evidence for DNA testing to support his long-maintained claim of self-defense. The State has repeatedly opposed his efforts to test the evidence and Oklahoma state courts have also repeatedly denied his requests. “Biological evidence in the State’s custody would corroborate Hancock’s account while refuting the State’s theory of the case. But that evidence has never been tested. How can Oklahoma execute Phil without letting us test this evidence that could prove it happened just the way he has always said?” said Shawn Nolan, one of Mr. Hancock’s attorneys."

PUBLISHER'S  NOTE: WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?") 

https://smithforensic.blogspot.com/2018/06/kevin-cooper-2-california-application.html

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PASSAGE OF THE DAY: "In a statement submitted with the lawsuit, forensic scientist Lauren Schile said “Physical evidence, including Mr. Lynch’s fingernails, the victims’ clothing, Mr. Jett’s wallet, and Ms. Tarp’s letter, was collected and could corroborate Mr. Hancock’s account of the events, but it has never been DNA tested."

---------------------------------------------------------

POST: "Prosecutors Refusal to Test DNA Evidence Forces Oklahoma Death-Sentenced Prisoner Set for Execution to File Federal Lawsuit," published by The  Death Penalty Information Center, on October 18, 2023.

GIST: "On October 4, 2023, Phillip Hancock, an Oklahoma death-sentenced prisoner scheduled for execution on November 30, filed a Section 1983 lawsuit in federal court requesting the release of physical evidence for DNA testing to support his long-maintained claim of self-defense. 

The State has repeatedly opposed his efforts to test the evidence and Oklahoma state courts have also repeatedly denied his requests.  

“Biological evidence in the State’s custody would corroborate Hancock’s account while refuting the State’s theory of the case. But that evidence has never been tested. How can Oklahoma execute Phil without letting us test this evidence that could prove it happened just the way he has always said?” said Shawn Nolan, one of Mr. Hancock’s attorneys.

Mr. Hancock was convicted of killing Robert Jett and James Lynch, known members of a violent motorcycle gang. 

On April 26, 2001, Mr. Hancock was lured to the home of Mr. Jett, who had been paid by Kathy Quick, Mr. Hancock’s ex-girlfriend, to attack him.

 Mr. Jett, who was high on methamphetamines and armed, threatened Mr. Hancock with a metal bar and ordered him inside a cage, in which he had previously tortured people and drugged women prior to raping them.

 Mr. Jett struck Mr. Hancock with the metal bar, and Mr. Lynch held Mr. Hancock in a chokehold.

 Mr. Hancock maintains that he managed to grab the gun Mr. Jett had tucked in his pants and shoot both Mr. Jett and Mr. Lynch, then fled the scene, scared to visit the hospital or police in case of retaliation from the motorcycle gang.

 At trial, prosecutors disputed Mr. Lynch’s involvement in the attack and alleged that Mr. Hancock shot Mr. Lynch for no reason.   

According to his current legal team, Mr. Hancock’s trial counsel “crippled” his self-defense claim by failing to thoroughly investigate and rebut the prosecution’s narrative, present evidence about the violent gang membership of the victims, adequately question the only eyewitness, and inform the jury that Mr. Hancock’s ex-girlfriend had paid the victim to attack him. 

Trial counsel also failed to provide any evidence about Mr. Hancock’s emotional, physical, and sexual abuse during childhood and adolescence, and the effect these experiences had on his mental health and reaction to perceived threats. 

After learning some of this information, the jury foreperson signed a statement expressing doubt in her verdict and expressing a desire to “step forward and even attend a clemency or appeal hearing.”

In a statement submitted with the lawsuit, forensic scientist Lauren Schile said “Physical evidence, including Mr. Lynch’s fingernails, the victims’ clothing, Mr. Jett’s wallet, and Ms. Tarp’s letter, was collected and could corroborate Mr. Hancock’s account of the events, but it has never been DNA tested.""

The entire post can  be read at: 

https://deathpenaltyinfo.org/news/prosecutors-refusal-to-test-dna-evidence-forces-oklahoma-death-sentenced-prisoner-set-for-execution-to-file-federal-lawsuit

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;

—————————————————————————————————

FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

------------------------------------------------------------------

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

———————————————

The Maya Kowalski Family: (Take Care of Maya' trial): Florida: Child Protection team head Dr. Sally Smith testifies for the defence in $220 million, Fox 13 News Staff reports…"On cross-examination, Dr. Smith noted she resigned from the Child Protection Team in July 2022. She also told jurors that she did ask that Maya be taken off all of her medications, so she could see what happened as part of her investigation. She also added that the treatment team was already weaning her off the medications. This was the second time the jury heard from Dr. Smith. During the plaintiff's presentation, a video deposition of Dr. Smith was played in the courtroom. In it she stated that she knew that four other physicians had diagnosed Maya with CRPS. (Complex Regional Pain Syndrome); She said she believed Maya’s mother, Beata Kowalski, was committing medical child abuse though she admitted that she had never testified in a case involving CRPS in the past. "Upon review of all the extensive medical records, observations of the child in the hospital, review of the unconventional treatments including hyperbaric oxygen treatment and high dose ketamine treatment repeatedly. It was my opinion that there was ample evidence of medical child abuse and it appeared Mrs. Kowalski was the primary one who was resulting in instigating or perpetrating child abuse," Dr.Smith stated. Dr. Smith also said she recalled that Dr. Anthony Kirkpatrick, who diagnosed Maya with CRPS and recommended ketamine treatment, advised her not to move forward with allegations that Beata Kowalski was suffering from Munchausen by proxy. The Kowlaski family reportedly settled their dispute with Dr. Smith and the DCF Suncoast Center."

STORY: 'Take Care of Maya' trial: Dr. Sally Smith testifies for the defense in $220M case,' by FOX 13 News Staff, published on October 26, 2023. 

GIST:  On Thursday, Dr. Sally Smith testified for the defense in a $220 million case against Johns Hopkins All Children’s Hospital that was the premise for the Netflix documentary ‘Take Care of Maya.’

Dr. Smith worked for All Children’s Hospital, before it was acquired by Johns Hopkins, for 12 years and also worked with the Child Protection Team in Pinellas County. 

She noted that the Department of Children and Families does not run the Child Protection Team, but it does ask the team to help with child abuse and neglect allegations and to evaluate if a child’s safety is at risk.

Dr. Smith explained in fall of 2016 she was the medical director for the Child Protection Team and though she did not work for the hospital, she did have medical staff privileges at Johns Hopkins All Children’s Hospital and served as a community representative on several committees at the facility.

She said she became involved in Maya’s case because she received a call from Dr. Beatriz Teppa-Sanchez, who was concerned about a possible case of Munchausen syndrome by proxy.

During her testimony, Dr. Teppa-Sanchez said Maya was brought to Johns Hopkins All Children's Hospital in October 2016 for a flare up of pain and noted there was a chaotic scene when Maya and her mother Beata Kowalski were in the pediatric intensive care unit. 

She stated she believed Maya was in pain, but nobody could pinpoint the source of the pain. 

Dr. Teppa Sanchez also noted that both Maya and her mother kept demanding ketamine to ease pain from Complex Regional Pain Syndrome, or CRPS, a condition diagnosed by a doctor not affiliated with Johns Hopkins All Children’s Hospital. That same doctor prescribed the ketamine treatments. 

Dr. Teppa Sanchez said the amount of ketamine Maya was receiving alarmed staff as did comments Beata Kowalski made about being stressed out and wanting to die and go to heaven. 

The doctor also told jurors that Beata told her Maya wanted to go to heaven as well when she was in pain. The physician said she told Beata Kowalski about resources available to help her and Maya, but Beata Kowalski declined the help.

Dr. Smith said she had no knowledge of Maya before Dr. Teppa Sanchez reached out to her. 

Dr. Smith added that she was called upon because over 32 years she had been known to hospital staff as a child abuse expert.

Dr. Smith said she tried to give general advice in terms of how pediatricians can approach potential cases of Munchausen syndrome by proxy, or what she refers to as medical child abuse. 

She explained that, in Florida, a social worker, must make a report to a child abuse hotline in order to start an investigation.

Dr. Smith said the call with Dr. Teppa Sanchez was a consultation, and she accessed Maya’ medical records. However, she did not see Maya at that time. She explained she needed to be asked by investigators to provide a medical evaluation.

Staff at the hospital contacted the Child Abuse Hotline and once she was advised of an investigation, Dr. Smith said she was asked to provide a medial evaluation for Maya on behalf of the Child Protection Team to assist the investors looking into allegations of child abuse.

Why was Maya kept in the hospital? 

A judge ordered Maya to be sheltered at Johns Hopkins All Children's Hospital, under state custody, while the child abuse allegations were being investigated. She wasn’t allowed to be discharged to her family or another treatment facility and could not see her mother.

 Beata Kowalski died by suicide after being kept away from her daughter for 87 days. 

Now, the Kowalski family is suing Johns Hopkins All Children’s Hospital for $220 million claiming its actions led Beata Kowalski to take her own life. 

The Kowalskis say Johns Hopkins All Children’s Hospital medically kidnapped Maya and battered her while in their care. 

Dr. Smith said Maya was in the pediatric intensive care unit when she examined the hirl. (sic); 

 Dr. Smith commented that she never wrote an order or progress note in Maya’ chart, but she did speak with the physicians caring for Maya. She said she saw Maya twice for about 10 minutes each time while she was in the hospital.

Dr. Smith said part of her medical examination was a physical exam and Maya declined.

 Dr. Smith said she is also supposed to provide photo documentation for the investigators and in November 2016, she tried to take pictures of Maya’s lower extremities to document the absence of a problem, but she was not able to take the photographs.

Dr. Smith told jurors she took an extensive medical history from Beata Kowalski on October 11, 2016, and had a brief interview with Jack Kowalski on October 13, 2023. She explained she did not speak with the Kowalskis together. 

Dr. Smith said two or three child protective investigators, two law enforcement officers were in the room when she interviewed Beata Kowalski on October 11 during a scheduled 90-minute meeting.

Dr. Smith testified that she was not wearing a lab coat when she introduced herself to Beata Kowalski as Dr. Sally Smith with the Child Protection Team.  She noted she was wearing her identification badge issued by Johns Hopkins All Children’s Hospital.

Two days later, she met with Jack Kowalski for about 10–15 minutes. For that meeting, Dr. Smith said the bedside nurse and Maya, who was in the pediatric intensive care unit, were the only other people present for that meeting. She added that she was dressed similarly for this meeting.

At that time, Dr. Smith said she was aware that there was an effort to transfer Maya to an in-patient intensive rehab facility, but she was not involved.

On cross-examination, Dr. Smith noted she resigned from the Child Protection Team in July 2022. She also told jurors that she did ask that Maya be taken off all of her medications, so she could see what happened as part of her investigation.

 She also added that the treatment team was already weaning her off the medications. 

This was the second time the jury heard from Dr. Smith. During the plaintiff's presentation, a video deposition of Dr. Smith was played in the courtroom. In it she stated that she knew that four other physicians had diagnosed Maya with CRPS.

RELATED: ‘Take Care of Maya’ trial: Jury watches Dr. Sally Smith deposition in case against All Children’s Hospital

She said she believed Maya’s mother, Beata Kowalski, was committing medical child abuse though she admitted that she had never testified in a case involving CRPS in the past. 

"Upon review of all the extensive medical records, observations of the child in the hospital, review of the unconventional treatments including hyperbaric oxygen treatment and high dose ketamine treatment repeatedly. It was my opinion that there was ample evidence of medical child abuse and it appeared Mrs. Kowalski was the primary one who was resulting in instigating or perpetrating child abuse," Dr.Smith stated.

Dr. Smith also said she recalled that Dr. Anthony Kirkpatrick, who diagnosed Maya with CRPS and recommended ketamine treatment, advised her not to move forward with allegations that Beata Kowalski was suffering from Munchausen by proxy. 

The Kowlaski family reportedly settled their dispute with Dr. Smith and the DCF Suncoast Center."

The entire story can be read at:

https://www.fox13news.com/news/take-care-of-maya-trial-dr-sally-smith-to-testify-for-the-defense-in-220m-case

THURSDAY, OCTOBER 26, 2023

Maya Kolwalski and family: On-going ‘Take Care Of Maya’ Trial: John Hopkins All Children's Hospital Insists that Maya's dead mother had Munchausen By Proxy, The Daily Wire (Reporter Ashe Eschow) reports…"The hospital at the center of a $220 million lawsuit featured in the Netflix documentary “Take Care of Maya” insists that the mother of Maya Kowalski did, in fact, have Munchausen by proxy. On Monday, doctors from Johns Hopkins All Children’s Hospital testified about why they were concerned that Maya’s mother Beata – who committed suicide in 2016 – was suffering from Munchausen by proxy and exaggerated her daughter’s illness to get attention from healthcare workers, Fox 13 reported. The defense is insisting that Maya did not have Complex Regional Pain Syndrome (CRPS), a condition that causes severe pain, and that Beata was behind her daughter’s illness. Dr. Elvin Mendez, an allergy and immunology specialist, testified that he was concerned Maya’s alleged pain was more psychological. He said he communicated his concerns to her primary physician at least one year before Maya was taken to All Children’s Hospital."

PASSAGE OF THE DAY: "Dr. Elvin Mendez, an allergy and immunology specialist, testified that he was concerned Maya’s alleged pain was more psychological. He said he communicated his concerns to her primary physician at least one year before Maya was taken to All Children’s Hospital. From my reading of the documents I received before her second visit, I can only use the words, did not add up,” Mendez said, according to WTSP. Mendez also testified that he had first seen Maya in October 2015 and again in December of that year for a follow-up.  He said Beata had brought Maya to him for a second opinion about immunodeficiency concerns and that Beata provided detailed records of Maya’s medical history.  Mendez said he requested records from other physicians so he could review them for himself. “I was concerned about Munchhausen Syndrome by proxy at the time because the symptoms of the physical examination, the objective tests that I reviewed in the medical records did not correlate with the story I was getting from mom,” Mendez said on Monday. An attorney for Maya’s family, Jennifer Anderson, told the Herald-Tribune in 2019 that Beata was “an advocate for her daughter.” “And my sense is it struck these ER doctors that we know better than this pushy mom who’s coming in here telling us how to do our job,” Anderson added. Mendez said on Monday that Maya’s blood work and tests showed she had a normal immune system, suggesting a possible psychological component could be behind her illness. He was also concerned about Maya’s alleged “severe asthma,” since it wasn’t consistent. “We have someone with severe asthma admitted to the hospital for a few days and comes out with normal breathing test, and completely normal spirometry. The lungs just don’t work that way,” Mendez said on the stand. Mendez said he didn’t have Maya’s complete medical history so he did not contact the Child Abuse Hotline to report Beata."

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STORY: "Take Care Of Maya' Trial: Hospital Insists Dead Mother Had Munchausen By Proxy," by Reporter Ashe Schow  published by The Daily Wire, on October 24, 2023. (Ashe Schow is a reporter and columnist with bylines at the Federalist and the New York Observer. She has previously worked for Real Clear Investigations, the Washington Examiner, and the Heritage Foundation.)

GIST: "The hospital at the center of a $220 million lawsuit featured in the Netflix documentary “Take Care of Maya” insists that the mother of Maya Kowalski did, in fact, have Munchausen by proxy.

On Monday, doctors from Johns Hopkins All Children’s Hospital testified about why they were concerned that Maya’s mother Beata – who committed suicide in 2016 – was suffering from Munchausen by proxy and exaggerated her daughter’s illness to get attention from healthcare workers, Fox 13 reported. 

The defense is insisting that Maya did not have Complex Regional Pain Syndrome (CRPS), a condition that causes severe pain, and that Beata was behind her daughter’s illness.

Dr. Elvin Mendez, an allergy and immunology specialist, testified that he was concerned Maya’s alleged pain was more psychological. He said he communicated his concerns to her primary physician at least one year before Maya was taken to All Children’s Hospital.

From my reading of the documents I received before her second visit, I can only use the words, did not add up,” Mendez said, according to WTSP.

Mendez also testified that he had first seen Maya in October 2015 and again in December of that year for a follow-up. 

He said Beata had brought Maya to him for a second opinion about immunodeficiency concerns and that Beata provided detailed records of Maya’s medical history. 

Mendez said he requested records from other physicians so he could review them for himself.

“I was concerned about Munchhausen Syndrome by proxy at the time because the symptoms of the physical examination, the objective tests that I reviewed in the medical records did not correlate with the story I was getting from mom,” Mendez said on Monday.

An attorney for Maya’s family, Jennifer Anderson, told the Herald-Tribune in 2019 that Beata was “an advocate for her daughter.”

“And my sense is it struck these ER doctors that we know better than this pushy mom who’s coming in here telling us how to do our job,” Anderson added.

Mendez said on Monday that Maya’s blood work and tests showed she had a normal immune system, suggesting a possible psychological component could be behind her illness. He was also concerned about Maya’s alleged “severe asthma,” since it wasn’t consistent.

“We have someone with severe asthma admitted to the hospital for a few days and comes out with normal breathing test, and completely normal spirometry. The lungs just don’t work that way,” Mendez said on the stand.

Mendez said he didn’t have Maya’s complete medical history so he did not contact the Child Abuse Hotline to report Beata.

Dr. Richard Andrew Elliot testified on Monday that he was concerned by the amount of ketamine Maya was taking as part of her treatment for CRPS.

“I was quite surprised and shocked at the amount of ketamine that was reported,” Elliot said, according to Fox 13. “They were way higher than any doses I had ever seen given to a child.”

Maya was just 9 years old when she started having asthma attacks and headaches. Her symptoms soon evolved to include lesions on her arms and legs, and cramping in her feet, which began to curl so she couldn’t walk without assistance. 

Her parents, Jack and Beata, took her to doctors to find out what was wrong with their daughter, with at least one physician thinking the girl’s condition was all in her head.

“But Maya would be crying 24/7,” Jack, 61, told People Magazine in June. “We knew she wasn’t faking.”

Finally, the Kowalskis found Dr. Anthony Kirkpatrick, who evaluated Maya and diagnosed her with a rare disorder known as Complex Regional Pain Syndrome, an impairment of the nervous system that increases pain sensations – meaning even the slightest stimulus could cause severe pain to Maya. 

Kirkpatrick treated Maya and found that the only thing that worked for her condition was monthly infusions of the powerful anesthetic ketamine, the Sarasota Herald-Tribune reported back in 2019.

There are critics of the diagnosis and treatment since doctors don’t know what causes CRPS or exactly how to treat it, but the ketamine injections allowed Maya to return to life as an ordinary young girl.

All Children’s Hospital contends that it acted in Maya’s best interest by weaning her off medications and following the orders it received from the Department of Children and Families (DCF) after reporting suspected child abuse.’

DCF required the hospital to keep Maya separated from her mother for 87 days.

Maya’s father Jack testified earlier this month that he and his family were told they would be arrested if they removed Maya from the hospital, Fox 13 reported.

Beata, a registered nurse who escaped communist-era Poland, eventually committed suicide, believing that doing so would lead the court to return Maya to her family’s custody.

Just days after Beata took her own life, the case against the Kowalskis was dropped and Maya was allowed to leave the hospital – after keeping her for three months under a court-ordered separation that only allowed Beata to speak to Maya on the phone with someone listening in. 

Their devastating phone calls can be heard in the Netflix documentary.

The Kowalskis sued the hospital and Dr. Sally Smith, a pediatrician and part-time medical director of the Pinellas County Child Protection Team, alleging the medical center’s negligence led to Beata’s death, NBC News reported.

“I was medically kidnapped,” Maya, now 17, told People Magazine earlier this year.

“Maya Kowalski was falsely imprisoned and battered. She was denied communication with her family,” attorney Anderson told jurors now that the trial for the lawsuit is finally underway. “She was denied communication with the outside. She was told that her mother was crazy. She was told by social workers, one in particular, that she would be her mother.”

Maya Kowalski, now 17, testified earlier this month that she overheard a conversation between a Johns Hopkins All Children’s Hospital staff member and her mother, during which the staff member said Maya had never asked to speak with her mother, Beata Kowalski.

“I remember that my mom was on this phone call and the person who she was speaking to … claimed that I never asked to speak to my mom. That I was doing fine. I was okay in my room. I hadn’t had any questions about why my parents weren’t allowed to see me,” Maya testified, according to video posted by Fox 9.

“And that infuriated me so much because all I did for days on end was demand to speak to my parents,” she continued through tears. “That’s all I wanted to do, and I most certainly wasn’t just sitting in my room. I was crying""

The entire story can be read at:

take-care-of-maya-trial-hospital-insists-dead-mother-had-munchausen-by-proxy•

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

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