Monday, September 30, 2024

Oliver Campbell: U.K. Major (incredibly long overdue) Development…(Parallel's such as the U'K's flawed Criminal Case Review (CCRC) Commission process with U.K.'s Andrew Malkinson case:) "Campbell, 54, had been found guilty in 1991 of the murder of the London shopkeeper Baldev Hoondle. The conviction came after Campbell confessed to shooting Hoondle during the 11th of 14 “relentless” police interviews, many of which were conducted without a lawyer, and despite Campbell having an IQ of 73. On Wednesday the appeal court quashed his conviction for murder and conspiracy to rob, bringing an end to what has been described as one of the longest miscarriages of justice in British criminal history. After nearly 34 years, Campbell said he could start his life “an innocent man”. But the judgment led by Lord Justice Holroyde is not the kind of full-throated exoneration received by Andrew Malkinson last year, when Holroyde told Malkinson: “You can walk away a free man.” In Campbell’s case, the possibility of a retrial was even mooted before being turned down because of his vulnerability. The appeal was allowed only on the narrow basis of fresh expert evidence suggesting there was a high risk that his confessions to police had been false. Expert witnesses told how Campbell scored “abnormally high” for acquiescence, with an “extreme tendency to just, when in doubt, say yes”. Other evidence casting doubt on Campbell’s conviction, such as multiple statements by a man who admitted to being part of the robbery to the effect that his accomplice was someone else, were said to carry “very little weight”.


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REMINDER: Live online seminar: Shaken Baby Syndrome to be examined  on Wednesday, October 2d,  in the shadow of Robert Roberson's execution scheduled for October 17:


 ACCESS THIS LIVE ONLINE SEMINAR AT THE LINK BELOW: 

October 2, 2024.

10-11 AM   EDT (From April to October, Eastern Daylight Time is observed in most of Ontario, Quebec and parts of Nunavut. From October to April, Eastern Standard Time is in effect.)]

https://www.cato.org/events/shaken-baby-syndrome-examining-evidence-shadow-execution

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PASSAGE  ONE OF THE DAY:  "Campbell, 54, had been found guilty in 1991 of the murder of the London shopkeeper Baldev Hoondle. The conviction came after Campbell confessed to shooting Hoondle during the 11th of 14 “relentless” police interviews, many of which were conducted without a lawyer, and despite Campbell having an IQ of 73."


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PASSAGE TWO OF THE DAY: "As with Malkinson, Campbell’s case was referred to appeal by the CCRC only in 2022 after being previously rejected. The case illustrates how hard the Crown Prosecution Service fights to keep convictions, even when presented with concerning evidence about their safety. The CPS fought for a retrial when advised by appeal court judges that the conviction was not safe. “How could they justify the resources when there are trials waiting for 2027 at the moment?” Maddocks asked. “I can’t see where the public interest is in that. The prosecution in this case should’ve thrown the towel in, but they doggedly opposed the appeal.” A CPS spokesperson said: “The court of appeal rejected 17 grounds of appeal and these convictions were only quashed on the basis of new evidence providing more information about Oliver Campbell’s mental state when he confessed to murder. We respect the judgment of the court.” On Wednesday the appeal court quashed his conviction for murder and conspiracy to rob, bringing an end to what has been described as one of the longest miscarriages of justice in British criminal history. After nearly 34 years, Campbell said he could start his life “an innocent man”. But the judgment led by Lord Justice Holroyde is not the kind of full-throated exoneration received by Andrew Malkinson last year, when Holroyde told Malkinson: “You can walk away a free man.” In Campbell’s case, the possibility of a retrial was even mooted before being turned down because of his vulnerability. The appeal was allowed only on the narrow basis of fresh expert evidence suggesting there was a high risk that his confessions to police had been false. Expert witnesses told how Campbell scored “abnormally high” for acquiescence, with an “extreme tendency to just, when in doubt, say yes”. Other evidence casting doubt on Campbell’s conviction, such as multiple statements by a man who admitted to being part of the robbery to the effect that his accomplice was someone else, were said to carry “very little weight”.'


STORY: "The dice is loaded’: the fight to clear Oliver Campbell’s name after 34 years," by Senior Reporter Emily Dugan,  published by The Guardian, on September 11, 2024.


SUB-HEADING: "Softly spoken and easily startled, Campbell was imprisoned for murder in what has been called one of the longest miscarriages of justice in British criminal history."


When Oliver Campbell’s lawyer first visited his client a quarter of a century ago, he recalls a prison officer pointing him towards a tall, shy man grooming a horse.

Despite serving a life sentence for murder, Campbell, who had severe learning difficulties, was so vulnerable that he was moved to an open prison at the earliest opportunity.

Describing a conversation at HMP Hollesley Bay in Suffolk, the miscarriage of justice lawyer Glyn Maddocks said a prison officer told him: “I’ve never said it before, but none of us here think that Oliver could possibly have done it, so good luck in trying to clear his name. I hope you’re successful.”

Campbell, 54, had been found guilty in 1991 of the murder of the London shopkeeper Baldev Hoondle. The conviction came after Campbell confessed to shooting Hoondle during the 11th of 14 “relentless” police interviews, many of which were conducted without a lawyer, and despite Campbell having an IQ of 73.

On Wednesday the appeal court quashed his conviction for murder and conspiracy to rob, bringing an end to what has been described as one of the longest miscarriages of justice in British criminal history. After nearly 34 years, Campbell said he could start his life “an innocent man”.

But the judgment led by Lord Justice Holroyde is not the kind of full-throated exoneration received by Andrew Malkinson last year, when Holroyde told Malkinson: “You can walk away a free man.” In Campbell’s case, the possibility of a retrial was even mooted before being turned down because of his vulnerability.

The appeal was allowed only on the narrow basis of fresh expert evidence suggesting there was a high risk that his confessions to police had been false. Expert witnesses told how Campbell scored “abnormally high” for acquiescence, with an “extreme tendency to just, when in doubt, say yes”.

Other evidence casting doubt on Campbell’s conviction, such as multiple statements by a man who admitted to being part of the robbery to the effect that his accomplice was someone else, were said to carry “very little weight”.

Campbell jokingly refers to himself as the BFG after Roald Dahl’s friendly giant. As well as being extremely tall, he is softly spoken and easily startled by loud noises. One friend observed to Maddocks that if a gun went off near him, he would likely “become a jelly on the floor”.

Campbell’s case raises similar concerns to Malkinson’s about the challenge faced by those trying to overturn convictions. Maddocks, who has largely represented Campbell pro bono, said: “The dice is so well loaded against people who want to fight a conviction. There’s no money and no assistance.”

The grey hairs of the lawyers themselves are also a testament to how long justice can take. Michael Birnbaum KC, who has also represented Campbell pro bono for nearly 25 years, is 77 and had been retired for a decade before coming back to represent him at the appeal court earlier this year.

Maddocks said the system for overturning convictions was “deeply flawed and very broken”, and showed little evidence of lessons learned. “If it was a plane crash, people would be looking at the black box and they would make sure that it won’t happen again. But in the criminal justice system, we never learn lessons.”

After Campbell’s first appeal failed, an application was made to the Criminal Cases Review Commission (CCRC) in 1999 to investigate and refer the case back for appeal. The decision took six years – and when it came, it was a rejection.

As with Malkinson, Campbell’s case was referred to appeal by the CCRC only in 2022 after being previously rejected.

The case illustrates how hard the Crown Prosecution Service fights to keep convictions, even when presented with concerning evidence about their safety. The CPS fought for a retrial when advised by appeal court judges that the conviction was not safe.

“How could they justify the resources when there are trials waiting for 2027 at the moment?” Maddocks asked. “I can’t see where the public interest is in that. The prosecution in this case should’ve thrown the towel in, but they doggedly opposed the appeal.”

A CPS spokesperson said: “The court of appeal rejected 17 grounds of appeal and these convictions were only quashed on the basis of new evidence providing more information about Oliver Campbell’s mental state when he confessed to murder. We respect the judgment of the court.”

A CCRC spokesperson said: “The CCRC referred Mr Campbell’s murder conviction in light of new evidence that his vulnerabilities had not been properly understood or explained at trial.” 

The entire story can be read at:

https://www.theguardian.com/law/2024/sep/11/the-dice-is-loaded-the-fight-to-clear-oliver-campbells-name-after-34-years

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/120008354894645705/4704913685758792985

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    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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Sunday, September 29, 2024

International Wrongful conviction Day: October 2, 2024; Shaken Baby Syndrome and the death chamber: The Cato Institute marks this day with a seminar in which 'the evidence' is to be examined "in the shadow of an execution" - Robert Roberson's execution, scheduled for October 17….'WITH THE FIRST-IN-THE-NATION EXECUTION OF ROBERT ROBERSON BASED ON THE SBS/AHT DIAGNOSIS SCHEDULED TWO WEEKS FROM NOW IN TEXAS, THE TRUSTWORTHINESS OF THE DIAGNOSIS IS INCREASINGLY RELEVANT. A PANEL OF MEDICAL AND FORENSIC SCIENCE EXPERTS WILL EXAMINE THE ISSUE IN DEPTH."


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ACCESS THIS LIVE ONLINE SEMINAR AT THE LINK BELOW: 

October 2, 2024.

10-11 AM   EDT (From April to October, Eastern Daylight Time is observed in most of Ontario, Quebec and parts of Nunavut. From October to April, Eastern Standard Time is in effect.)]

https://www.cato.org/events/shaken-baby-syndrome-examining-evidence-shadow-execution

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PASSAGE OF THE DAY: "The diagnosis has attained iconic status within the medical specialty of child abuse pediatrics.  Yet, for the past few decades, outside of the child abuse pediatrics specialty, the scientific, medical, and legal literature has been replete with challenges to the reliability of the diagnosis."

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The Cato Institute describes itself as a think tank which  promotes liberty, limited government, free markets, and peaceful international relations through accessible research. Their focus areas include issues relevant to Americans' lives and well-being, with the goal of influencing ideas towards liberty and finding common ground across the political spectrum.

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FEATURING:

Dr. Julie A. Mack
Dr. Julie A. Mack

Assistant Professor, Department of Radiology, and Pediatric Radiologist, Penn State University College of Medicine and Penn State Cancer Institute

Keith A. Findley
Keith A. Findley

Professor Emeritus of Law, University of Wisconsin-Madison Law School; Founder and Director of the Center for Integrity in Forensic Sciences; Founder of the Wisconsin Innocence Project

Dr. Patrick E. Lantz
Dr. Patrick E. Lantz

Professor of Pathology, Forensic and Child Abuse Pathologist, Wake Forest University School of Medicine

jeff-singer-cropped.jpg

Senior Fellow, Cato Institute


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POST: "The medical diagnosis of shaken baby syndrome, or abusive head trauma (SBS/AHT), arose from a hypothesis developed in the early 1970s. 

Over the decades, it has led to thousands of criminal court convictions and family court determinations taking children from their parents.

 The National Center on Shaken Baby Syndrome claims that law enforcement authorities process at least 1,300 SBS/AHT cases per year. 

The diagnosis has attained iconic status within the medical specialty of child abuse pediatrics. 

Yet, for the past few decades, outside of the child abuse pediatrics specialty, the scientific, medical, and legal literature has been replete with challenges to the reliability of the diagnosis. 

With the first-in-the-nation execution of Robert Roberson based on the SBS/AHT diagnosis scheduled two weeks from now in Texas, the trustworthiness of the diagnosis is increasingly relevant. A panel of medical and forensic science experts will examine the issue in depth."

The entire post can be read at:

https://www.cato.org/events/shaken-baby-syndrome-examining-evidence-shadow-execution

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PUBLISHER'S NOTE: Another important column (related to this seminar) by Sue Luther, publisher of the 'On SBS Blog. (Link Below with a link to a petition to stop this outrageous execution);

POST: "Hustling to halt an execution," by Sue Luther, published  on her Blog 'On SBS" one September 28, 2024.

GIST: "Phoenix surgeon Jeffrey Singer, who is also a senior fellow in Health Policy Studies at the Cato Institute, has leapt into action, spurred by the looming execution of Texas father Robert Roberson, whose 2003 conviction was based on a diagnosis of Shaken Baby Syndrome (SBS).

In the few weeks since the state of Texas turned down Robert’s final appeal and confirmed an execution date of October 17, Dr. Singer has not only published an op ed in U.S.A. Today calling for a pardon but also organized an on-line Cato Institute symposium, open to the public, looking at the evidence underlying SBS/AHT theory.

“Regardless of one’s position the death penalty, it is evident that reasonable people with great expertise disagree regarding the plausibility of the SBS/AHT hypothesis,” he argues, “Therefore, we should all agree that the government should not execute someone based on the hypothesis while scientists are continuing to debate it.”

Hoping to assemble a panel of experts from both sides, Dr. Singer reports, he’d started contacting the physicians who’d signed the 2018 consensus statementsupporting the prevailing model of SBS/AHT, but no one he’s reached has accepted his invitation to share a dais with critics of the theory. “One representative of the Child Abuse Pediatrics establishment went as far as to say that only clinical pediatricians are qualified to offer expert opinions on the subject,” he noted.

The Cato panel, therefore, features only consensus skeptics:

  • Emeritus law professor Keith Findley, founder of the Wisconsin Innocence Project and the force behind the pivotal Audrey Edmunds appeal
  • Radiologist Julie Mack, co-author of a paper this summer reporting on a videotaped short fall that caused subdural hematomas & retinal hemorrhages and a chapter in last year’s careful academic examination of SBS
  • Forensic pathologist Patrick Lantz, whose groundbreaking work has challenged both the specificity and the timing of retinal findings

The community of families affected by abuse misdiagnosis is encouraging anyone who can attend to register, in hopes that a large turnout will underscore the magnitude of the problem. You can also submit questions ahead of time on the event site.

If you haven’t yet signed the Innocence Project petition on behalf of Robert Roberson: https://innocenceproject.org/petitions/justice-for-robert-roberson/?p2asource=ip-em_09112024_Robert

If you are not familiar with the debate around Shaken Baby Syndrome/Abusive Head Trauma, please see the home page of this site.

The entire post can be read at:

https


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/120008354894645705/4704913685758792985

    ———————————————————————————————

    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;
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Danyel Smith: (Georgia): Shaken Baby Syndrome: Major (Unwelcome) Development: A judge has refused to overturn his 'shaken baby syndrome' conviction - even though medical experts testified that Danyel Smith’s child likely died of natural causes, 'The Appeal' (Reporter Elizabeth Weill-Greenberg) reports…"In April, the Superior Court of Gwinnett County held an evidentiary hearing on Smith’s motion for a new trial. Prior to the hearing, the Gwinnett County prosecutor’s office offered Smith a plea deal for time served, which would mean he would be released from prison, according to his legal filings. Smith, who has always maintained his innocence, rejected it. “Imagine watching your baby boy die of natural causes after frantically trying to save his life, and then being asked to say, untruthfully, that you killed him,” Smith’s attorney, Mark Loudon-Brown, told The Appeal in an email. “That is something Mr. Smith would not do, even at the price of freedom.”


PASSAGE OF THE DAY: "The case against Smith rested entirely on the SBS theory. No eyewitnesses or physical evidence suggested that Smith had ever harmed his son. But at Smith’s trial, prosecutors called medical doctors to testify that Chandler’s symptoms alone were proof that Smith had abused him. “We have a collection of findings here that are classic and in some cases virtually exclusive for violent shaking,” the county medical examiner testified.  A pediatric neurosurgeon told the jury, “Unless somebody could tell me something else was going on with this child … I think he was a shaken baby. I’ll be happy if somebody can tell me something else.” In the years since Smith’s conviction, medical research has disproved many of the assumptions underlying an SBS diagnosis. Exonerations and studies have shown that illnesses and short-distance falls can mimic symptoms that experts had associated almost exclusively with shaking. Exonerations have shown that experts can diagnose a child with SBS in cases when there was no abuse at all. A Georgia jury acquitted Melonie Ware at a retrial for an alleged case of SBS after evidence showed the boy she was babysitting was not shaken and had died from sickle cell anemia. In another case, a Michigan judge overturned daycare worker Julie Baumer’s child abuse conviction after evidence showed the baby had actually suffered a stroke.   In Smith’s case, his attorneys say evidence shows that Chandler died from a seizure triggered by injuries sustained during childbirth.  But Superior Court Judge Ronnie K. Batchelor dismissed testimony from Smith’s eight medical experts and ruled that the “almost twenty years of advancement in medical science has not undermined the conclusions reached at the Defendant’s trial.”

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STORY: "Georgia judge refuses to overturn 'shake baby syndrome' conviction, by Reporter Elizabeth Weill-Greenberg, published by The Appeal, on September 27, 2024. (Based in New Jersey, she writes on prison and jail conditions, wrongful convictions, and the criminalization of disabilities. Elizabeth has also written for The Nation, New York Focus, and TruthOut. Partnering with CoLAB Arts, she has written two interview-based plays, which have been performed in the Northeast—“Life, Death, Life Again: Children Sentenced to Die in Prison” and “Banished: A Family on the Sex Offender Registry.” She worked for eight years at the Innocence Project as a case analyst where her work was instrumental in several exonerations. She is the recipient, with journalist Juan Moreno Haines, of the 2020 California Journalism Awards Print Contest. They were awarded first place for At San Quentin, Overcrowding Laid The Groundwork For An Explosive COVID-19 Outbreak, in the category: Coverage of the COVID-19 Pandemic – Fallout, weeklies, circulation 25,0001 and over.")


SUB-HEADING: (Medical experts testified that Danyel Smith’s child likely died of natural causes, but Gwinnett County Superior Court Judge Ronnie K. Batchelor rejected a motion to overturn his 2003 murder conviction.)


GIST: Yesterday, Danyel Smith’s fight to prove he did not kill his two-month-old son suffered a devastating blow when a Georgia state court denied his request for a new trial. In 2003, Smith was convicted of shaking to death his son, Chandler, based on the largely discredited theory of shaken baby syndrome (SBS). 

In April, the Superior Court of Gwinnett County held an evidentiary hearing on Smith’s motion for a new trial. Prior to the hearing, the Gwinnett County prosecutor’s office offered Smith a plea deal for time served, which would mean he would be released from prison, according to his legal filings. Smith, who has always maintained his innocence, rejected it.

“Imagine watching your baby boy die of natural causes after frantically trying to save his life, and then being asked to say, untruthfully, that you killed him,” Smith’s attorney, Mark Loudon-Brown, told The Appeal in an email. “That is something Mr. Smith would not do, even at the price of freedom.”

For years, the courts have refused to believe Smith’s protestations of innocence. At trial, Smith testified that Chandler suddenly stopped breathing while they were driving to see the baby’s mother. Smith said he performed CPR on the side of the road, then got back in the car, and drove to his partner’s location. Once he arrived at the office building where his partner was waiting, he carried Chandler out of the car. His partner called 911, and two bystanders attempted to perform CPR. Paramedics arrived and took Chandler to the hospital. 

The police quickly assumed that Smith had abused Chandler. They arrested him at the hospital, five days before his son was taken off life support. 

At trial, Smith told the jury he was innocent. 

“I did not beat my son,” he testified. “I did not shake my son.”

The jury convicted Smith, and the judge sentenced him to life. 

What Is ‘Shaken Baby Syndrome’?

The shaken baby syndrome hypothesis, which was first developed in the 1970s, posits that a so-called triad of symptoms—subdural hemorrhage, retinal hemorrhage, and brain swelling—are indicators of violent shaking. According to the theory, the injuries are so catastrophic that a victim would immediately collapse, which would mean the last person with the baby, likely a caregiver who called for help, is almost certainly the perpetrator. At trial, medical experts for the State typically dismiss other possible explanations, such as an illness or a short-distance fall, and say the trauma sustained is comparable to a fall from a multi-story building or a car crash.

The case against Smith rested entirely on the SBS theory. No eyewitnesses or physical evidence suggested that Smith had ever harmed his son. But at Smith’s trial, prosecutors called medical doctors to testify that Chandler’s symptoms alone were proof that Smith had abused him.

“We have a collection of findings here that are classic and in some cases virtually exclusive for violent shaking,” the county medical examiner testified. 

A pediatric neurosurgeon told the jury, “Unless somebody could tell me something else was going on with this child … I think he was a shaken baby. I’ll be happy if somebody can tell me something else.”

In the years since Smith’s conviction, medical research has disproved many of the assumptions underlying an SBS diagnosis. Exonerations and studies have shown that illnesses and short-distance falls can mimic symptoms that experts had associated almost exclusively with shaking. Exonerations have shown that experts can diagnose a child with SBS in cases when there was no abuse at all. A Georgia jury acquitted Melonie Ware at a retrial for an alleged case of SBS after evidence showed the boy she was babysitting was not shaken and had died from sickle cell anemia. In another case, a Michigan judge overturned daycare worker Julie Baumer’s child abuse conviction after evidence showed the baby had actually suffered a stroke.  

In Smith’s case, his attorneys say evidence shows that Chandler died from a seizure triggered by injuries sustained during childbirth. 

But Superior Court Judge Ronnie K. Batchelor dismissed testimony from Smith’s eight medical experts and ruled that the “almost twenty years of advancement in medical science has not undermined the conclusions reached at the Defendant’s trial.”

Loudon-Brown said they plan to appeal the Court’s denial and “will continue our fight to undo this wrongful conviction.”

“The evidence showed that Mr. Smith is innocent, yet he remains in prison,” Loudon-Brown, a senior attorney for the Southern Center for Human Rights, told The Appeal.

Why SBS Defendants Still Face an Uphill Battle

At the time of Smith’s 2003 trial, a defendant in an SBS case had little hope of an acquittal. Of the 34 people exonerated of SBS, 27 established their innocence after Smith was convicted, according to the National Registry of Exonerations. In the past three years alone, courts exonerated people in 14 SBS cases, including two in Georgia.

But while some courts have started to take a more critical look at SBS, many continue to rubber stamp convictions based on a theory that a New Jersey trial court called “akin to junk science.”

In Mississippi, appeals courts have upheld Tasha Shelby’s 2000 conviction for SBS even though the prosecution’s main witness, a medical examiner, recanted his testimony. A jury convicted Shelby of capital murder for shaking to death her fiancé’s two-year-old son from a previous relationship. In 2018, the medical examiner who had ruled the boy’s death a homicide testified at an evidentiary hearing that he “made a mistake.” He said he now believed the child had fallen and suffered a seizure, and that the child’s asthma had also contributed to his death. 

Earlier this month, the Texas Court of Criminal Appeals rejected Robert Roberson’s request to toss out his conviction for shaking his two-year-old daughter to death. In 2003, Roberson was convicted of capital murder and sentenced to death. He’s scheduled to be executed on Oct. 17. If his execution is carried out, he will be the first person executed for SBS in the history of the United States. Earlier this month, a bipartisan group of more than 80 Texas lawmakers urged the governor to grant Roberson’s clemency petition, warning that, “Texas may put him to death for a crime that did not occur.” 

In SBS cases, often there are multiple layers of injustice—a parent or caregiver who must grapple with the loss of a child and a wrongful conviction for a crime that never occurred. In Smith’s case, he lost Chandler and the ability to raise his now two adult children. 

“My dad didn’t raise me, that motivated me even more to be there for my kids,” Smith said in a statement provided to The Appeal in 2022. “That has been robbed from me.”

The entire story can be read at:


danyel-smith-shaken-baby-syndrome-georgia-rejecte


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/120008354894645705/4704913685758792985

    ———————————————————————————————

    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;
—————————————————————————