Monday, October 3, 2011

AMANDA KNOX: A WELCOME VERDICT WITH LESSONS FAR BEYOND ITALY; EDITORIAL; HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;


"The lesson, especially for the U.S.A., Canada, the United Kingdom and other common law jurisdictions - let alone other "continental" systems of criminal justice - is a reminder that DNA evidence, whether called by the State or by the defence, must be treated with great scrutiny - especially since the public at large tends to regard it as somewhat of an infallible fingerprint. ........

To be fair to the Italian justice system, this Blog has featured numerous miscarriages of justice tainted by similar flaws in Canada, the United States and other Common Law jurisdictions, where the science has been flawed, the police have demonstrated tunnel vision and prosecutors have allowed their actions both within and outside the courtroom (such as linking information to some media who were only to eager to uncritically swallow it up) to be guided by their personal goals.

THE CHARLES SMITH BLOG;

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PUBLISHER'S VIEW:

The verdict, which clears American student Amanda Knox and her co-accused of murder and rape, orders her release and allows her to return to the U.S., is truly welcome. Of particular interest to this Blog is how the so-called forensic DNA "evidence" which helped convict her fell apart when subjected to an independent analysis. That such flimsy scientific evidence could have been offered to the court - and peddled with such force by prosecutors - in such a serious case, suggests that a view of Italian criminal cases where DNA has been a significant factor should be undertaken to determine if similar wrongful convictions have taken place. The lesson for the U.S.A., Canada, the United Kingdom and other Common Law jurisdictions, let alone other "continental" jurisdictions of criminal justice, is the reminder that DNA evidence, whether called by the State or by the defence. must be treated with great scrutiny - especially since the public at large tends to regard it as somewhat of an infallible fingerprint. The Knox prosecution was also marred by flawed eyewitness testimony and false confessions - common hallmarks of cases where the scientific evidence is weak or non-existent. To be fair to the Italian justice system, this Blog has featured numerous miscarriages of justice tainted by similar flaws in Canada, the United States and other Common Law jurisdictions, where the science has been flawed, the police have demonstrated tunnel vision and prosecutors have allowed their actions both within and outside the courtroom (such as linking information to some media who were only to eager to uncritically swallow it up) to be guided by their personal goals. The only good thing to say about the Italian justice system with respect to the Knox prosecution is that at least the lay jurors and judges had the opportunity to do the right thing and throw the case out.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

AMANDA KNOX APPEAL; UPDATED VERSION OF KRISTA ERRICKSON'S INTERVIEW WITH FBI PROFILER JOHN DOUGLAS; "UNARRESTING THE ARRESTED". MUST READ;


"KE: What was your conclusion of the behavioral profiles you conducted?

JD: From the profiles created, none of the behavioral or forensic evidence leads to Amanda and Raffaele. There's no history or experience related to violence or mental illness in their backgrounds. None of the behavioral or forensic evidence leads to them. This is not a case of serial killers, cold blooded murderers. They used marijuana, but that’s not some hard core drug that will change a normal personality. They should’ve walked out of there. "

KRISTA ERRICKSON'S INTERVIEW WITH PROFILER JOHN DOUGLAS; GROUND REPORT;

"Krista Errickson’s professional career as a News Journalist began with RAI’s Channel 1 in Rome before becoming host for the first Italian private radio station, followed by the first private Italian Television, RAI International and RAISAT. In 1996, she won the Pasolini Award for Best Young Emerging Journalist (Giovane PersonalitĂ ). For the next 12 years, she was a senior producer and journalist reporting on current events and international politics, with a focus on Middle East relations." (Ground report);

PHOTO OF JOHN DOUGLAS BY ALEX FARNUM;

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This article was originally supposed to be published for Il Messaggero. It was given to me as an assignment, after the editor and legal expert of the newspaper saw the Maxim interview with famed FBI profiler, John Douglas, in the January 2011 issue.

When the article was turned in, albeit shortened, my editor told me – “this article is too dangerous to print in Italy”.

So, for your reading pleasure, the article too dangerous for Italy.

There are two kinds of hunters: the hunter that waits and the hunter that tracks. The difference of two is the complexity of their hunting techniques though both aim for the same thing; bagging the prey.

Hunters who wait prefer to lure their prey into range. This is usually the preferred method of serial killers. They watch, and wait for the chance to pounce. Hunters who track their prey, involves a more detailed approach; knowing the specific differences, patterns and behaviors of the hunted, and calculate their next moves. John Douglas is of the latter. However, he pursues a different kind of animal: serial killers. He is the investigator and legendary criminal profiler known as “The Mind Hunter”.

When Douglas joined the FBI at 25 years old, no agents were interviewing captured killers. He began his study in prisons, speaking with hundreds of criminals to understand who they were, and what motivates them to kill. “They want to talk. Many are proud of what they accomplished. In my interviews, I try to make them feel comfortable, and speak with them in what they desire most; as a fan”. And they talked, one by one – from Ed Gein, (whose real life-adventures were fictionalized in Psycho and The Silence of the Lambs), Charles Manson, Ted Bundy, Son of Sam, to Jeffrey Dahmer, among other nefarious, infamous criminals that have roamed the earth.

Manson is a great example of Douglas’s approach. “I’m 6’2”, Manson is 5’4”, Douglas says. “I knew he’d want to dominate the room, so he stood on a chair during the entire interview. It seemed to make him comfortable, so I let him. All I want is information, that’s my goal”.

Pioneering modern criminal profiling 25 years ago in the FBI, Douglas helped create the Behavioral Science Unit (BSU). “My first office was in Detroit. Back then, we had about 800 homicides a year. It may be a terrible place to live, but for a young agent, it was a great place to learn”.

The job took its toll in 1985, when he nearly died. He came down with viral encephalitis; his body temperature reached 107 degrees, his pulsed raced to over 220 and had uncontrollable seizures. The tombstone was already etched with his name and grave site chosen. It was years of physical rehabilitation. But Douglas was back on the job 5 months later to nab The Green River killer and countless mass murderers before retiring in 1995.

Bestselling author of over a dozen novels, books and manuals, he was the inspiration for Jack Crawford’s character in “The Silence of the Lambs” and probably ever other fictional detective/investigator that a screenwriter used to sculpt their characters.

In addition, Charlize Theron’s company optioned Douglas’s biography, “Mindhunter” for HBO.

Since retiring as head investigator for the National Center for the Analysis of Violent Crime at the FBI, Douglas now travels the world hired by international and domestic law enforcement and defense teams who request his help in investigations.

Criminal Behavioral Profiling has also proved to be a useful tool in exonerating the wrongly accused or convicted, of which Douglas also dedicates his time. He was, and still is involved in exonerating the West Memphis Three - the name given to three teenagers who were tried and convicted of the murders of three eight-year-old boys in West Memphis, United States in 1993.

The case received considerable attention. Their supporters believed the arrests and convictions were a miscarriage of justice and that the defendants were wrongfully convicted during a period of intense media scrutiny. On August 16th, 2011, they were freed after newly-analyzed DNA evidence presented caused reasonable doubt in the case.

“It’s tough. You’re alone, with this extraordinary pressure, especially the in-between. Here I am trying to work a case, which in of itself takes a toll; looking at what the murderer did, horrifying things, forcing myself to enter their twisted minds. Add in the factor that you’re not always welcome by local law enforcement, hostility from your fellow colleagues, even hated at times – even with my background. It gets to you, it really does”.

Probably the most well-known of these was the JonBenét Ramsey case. The case is notable for both its longevity and the media interest it generated. The media and local law enforcement agencies considered the girl's parents and brother to be suspects. Douglas was the first to publicly proclaim their innocence, long before DNA legally exonerated them. He was vilified not only in the press, but by his colleagues as well.

Douglas has worked on over 5,000 cases, hired by domestic and international defense teams and law enforcement. Of those 5,000 cases, he’s never been proved wrong. “I think that’s probably the biggest pressure, is the possibility of being wrong and why I got sick”, Douglas tells me.


In the January issue of Maxim, Douglas said he was convinced that Amanda Knox and Raffaele Sollecito are innocent.


In February, I conducted this interview with Douglas. This is it in its entirety.

KE: How do you analyze and create a profile in a case?

JD: Criminal investigative analysis or what you call “criminal profiling” is the overall process whereby crimes are reviewed in their totality. It involves the process of criminal investigative analysis both by behavior and investigative perspective. We interpret the behavior before, during and after the crime. From that, we develop strategies and profile the unknown subject, or UNSUB. Then we assess the suspects, the UNSUB, and provide interrogation techniques.

One must be able to identify with both the victim and the suspect, in order to answer the investigative of formula of: why + how = who.


JD: The criminal profiling process alone does not convict anyone. The foundation of any case is a properly conducted, thorough and well planned investigation. If the investigation is not good, the results will be tainted. Garbage in…garbage out!

KE: What did you know about the case beforehand, and what interested you?


JD: I really didn’t know much about the case. Just what I read in passing – perhaps it’s just as well. It had extraordinary media attention, and it was controversial. There seemed to be strong arguments on both sides. The public seemed convinced of either their innocence or their guilt. This always interests me.


KE: Did you speak with the Knox family?

JD: No. I’ve never met them. The case was brought to me by a former FBI agent who strongly believed they (Amanda Knox and Raffaele Sollecito) were innocent.

KE: Why did you decide to take this case, in particular?

JD: I thought I could come up with an analysis. I was interested to find the truth, and not be swayed by either side. In fact, whenever someone brings me a case, I tell them that my answer may not support their theories – you may not like what I have to say. I act like the lone ranger; I give my opinion without caring about the politics. I don’t care how it really works out; in my mind, I am working for the victim. Part of my downfall, the viral encephalitis, was due, in part, because people do not always necessarily like me or my findings.

KE: Did you feel you had all the information necessary or at your disposal to make your conclusion?

JD: I won't do an analysis unless I am provided with all the information necessary. In this case, I had everything I needed. In fact, more than I've had in other cases. Fortunately, I also had the crime scene evidence collection tapes to view. Often in America, we only have photos (of a crime scene) and you can't clearly understand what is happening. There was more than enough to assess.

KE: What was your conclusion of the behavioral profiles you conducted?

JD: From the profiles created, none of the behavioral or forensic evidence leads to Amanda and Raffaele. There's no history or experience related to violence or mental illness in their backgrounds. None of the behavioral or forensic evidence leads to them. This is not a case of serial killers, cold blooded murderers. They used marijuana, but that’s not some hard core drug that will change a normal personality. They should’ve walked out of there.


KE: What behavioral evidence should there have been?


JD: Well, fleeing for one, which only Guede did. They would’ve been nervous, may drink heavily, or become rigid in their personalities, behaviors along that line – certainly not buying underwear and kissing. The fact that they were kissing - people looked at this as a sign of guilt, if anything; I look at it as a sign of innocence. These two individuals – Amanda and Raffaele, for them to commit this horrific crime and leave the crime scene that way – it was a massacre – and then hours later, be back at the crime scene, just doesn’t fit. These were two young people who couldn't fathom what had taken place. (It was so surreal) they thought they were going to stroll in and out of there and justice would prevail. But, it didn’t happen that way. Justice did not prevail.


KE: Do you believe more than one person could've killed Meredith?


JD: Based on my experience, the crime scene does not indicate the presence of three individuals in the room where Meredith was murdered. What was done to the victim, the way in which the crime occurred, was not the result of three people. This can be concluded without a DNA test.


KE: And third suspect, Rudy Guede?


JD: Behavior reflects personality. And that behavior fits only Rudy Guede. Guede has the history; he was an experienced criminal, he had the motive (are you listening, Mr. Pisa?*) and all evidence points to him. It was a brutal, bloody homicide, and it’s a reflection of his personality. And that behavior was exhibited at the crime scene. That’s his “canvas”; the result is his “artwork” of the subject (victim).

You should be able to find other “canvases” of his like that – not necessarily homicide, but you should find a violent past in this person’s background. I know that he committed some robberies, but I’ll bet money there are more cases that he may have been involved with which remain unsolved. I don’t know, maybe before he came to Perugia – whatever he may have been escaping previously.


KE: What was the motive?

JD: The primary motive was burglary. But we have an opportunistic offender here. And that opportunity was presented when Meredith came home, and she became the victim of the opportunity.


KE: There are many who’ve said covering Meredith’s body with a duvet proves the murderer was female.


JD: That’s absurd. There are different reasons why someone will cover a body. There's a certain sense of wanting to undo the crime. Guede didn’t leave after the crime, but he doesn’t want to look at her. It’s not that he didn’t feel good about what he has done; I can see that because of the way he killed her and sexually assaulted her. He’s a sadistic individual with a violent past. He put the blanket over her because he was wandering around the apartment and didn’t want to see her.

Sadly, this was a very pedestrian murder. And that’s not to diminish this beautiful woman’s life, Meredith. It’s not that complicated, crimes are not so complicated. After a week, I would’ve said to the investigators on the case, “Are you kidding me? You mean you haven’t arrested the guy?”


KE: In your professional opinion, what went wrong?


JD: Let me first say, for the police in Perugia, may only have the opportunity to see a case like this in a career. Unfortunately here, we see homicides like this all the time. In fact, My first office was in Detroit, where there are over 800 murders in a single year. It was a terrible place to live, but for a young agent, a perfect place to learn.

The first investigators didn’t know what they were handling. The collections and preservation of evidence was done incorrectly and led to contamination. Luckily we have the video; not only photos. You can see all the mistakes that were done. If I was brought in on this investigation, I would have told them they were on the wrong track.

KE: The media have been very interested and involved in this case from the beginning: do you think their role helped or damaged the investigator’s job and the judge’s assessments?


JD: It absolutely damaged both. The media can shape people's opinion. A single photograph seen out of context, can affect us. The investigators can also be responsible for leaking information to manipulate the media and thus, public opinion.


KE: Do you believe the investigators made mistakes that subsequently diverted the course of the investigation?


JD: Well, that’s the entire story, isn’t it? First, there were too many people in those rooms. They should have removed Amanda, Raffaele and anyone who was not part of the investigation team, and roped it off.

From the video taken from the crime scene, there were numerous mistakes. The investigators can be seen passing evidence, dropping it on the ground, using the same tweezers, not changing gloves, no protective caps to cover hair. Any insider can recognize these errors. What the investigators have done may seem right on the "outside", they had their protective clothing, boots, but cross- contamination of the evidence was more than evident.


KE: What is cross-contamination, exactly?


JD: It means simply that evidence from anyone, anyone who came and went in those rooms have the potential to leave their DNA, prints, etc. and run the risk of being transferred microscopically.


KE: Allegedly, DNA of Sollecito’s was said to have been found on Meredith's bra clasp. DNA of Amanda Knox’s is said to be on the murder weapon; on the knife’s handle and Meredith’s on the blade.


JD: It’s not the murder weapon. As far as I’m concerned, it hasn’t been found; probably never will. It doesn’t fit with the imprint made on the bed sheet, or the wounds found on Meredith. The evidence collection video from December 18th shows a knife, randomly chosen, from Sollecito’s apartment and transported to the lab.

The video taken on November 2nd shows the bra clasp, very clearly on the floor of the crime scene. On December 18th, after returning to the scene more than 16 times, the video shows the bra clasp, still there. It had already been kicked and shuffled around on the floor for six weeks! Secondly, the amount of DNA, supposedly, that was Sollecito’s, is highly suspect.

Moreover, if that’s all the evidence you’ve got, two tiny pieces of DNA, of the plethora that should have been there... well, it’s simply ludicrous.


KE: Are these errors by the investigators more common in Italy than in other parts of the world?


JD: Are all the investigators in Italy incompetent? Are they badly trained? Absolutely not! The training is probably good, very good. But in any profession people get careless, they can get lazy. But this doesn't mean that the system does not work. Look at the West Memphis Three case. Just because there was incompetency there, does not mean all the investigators in Tennessee are incompetent.


KE: You understand that the Italian officials might see your conclusions on this case as an external interference.


JD: No one in Italy, America or elsewhere in the world, likes anyone looking over their shoulders. But I think if an investigation has been carried out accurately, without errors, you shouldn't fear the analysis of other professionals.


KE: What about Amanda’s confessions during the interrogations?


JD: To be interrogated from 10 pm until 6 am in the morning? These are not sophisticated young people – it would not take a dozen interrogators to break them. I know the tricks, I know what they do in there; I’ve done it. No one could hold up. I couldn’t hold up - especially over 5 days.


KE: Amanda, while under interrogation accused another man, Patrick Lumumba. Why would she have done that?


JD: The police knew they had negroid hairs at the crime scene. Amanda exchanged texts the night before with Patrick Lumumba, who's of African descent, like Guede (Note: Lumumba owned the bar where Amanda worked as a waitress. He told her she wasn't needed for work that night). Because the DNA evidence had not come back yet, they jumped to the conclusion the hairs belonged to Lumumba. They interrogated her accordingly. The tactics used was to have Amanda say what the police wanted. You get people to confess under this psychological torture.


KE: Do you think the prosecution acted based on prejudices towards Amanda and Raffaele?


JD: I don’t think prejudice is exactly correct. The prosecution had a theory from the beginning and continued with it – despite the facts. They discounted evidence that didn’t support their theory. Their theory was a threesome murder and let this theory guide them. The prosecution allowed theory to rule over evidence.


KE: Manuela Comodi, lead prosecutor recently said that “there is a huge, powerful and unbreakable picture of circumstantial evidence which points against both of them”.

JD: Circumstantial evidence is the weakest evidence of all. Witnesses can be bought off, or bargain for favors, recollections that can’t be counted on...it’s fine to start with, in fact, so are hunches, so are theories, but that all has to go out the window if the hard evidence, and in this case, there’s an overwhelming amount of it, points in another direction.

You can see the motivation of some prosecutors to win, no matter what it takes, even if truth doesn’t fit into their facts and figures.

This isn't exclusive only to Italy. For instance, during the West Memphis Three case, the prosecution team created a grand, theatrical scene in the courtroom. They viciously stabbed a grapefruit with a knife in the attempt to prove it was the type of a weapon that created wounds on the victims. They did this to influence the jury and win the case. Only later, during the appeal, it was discovered that the wounds on the bodies of the boys had not been inflicted by a knife at all, but by an alligator snapping turtle! (The children's' bodies were thrown into a river).


KE: So, you’re saying you don’t think there wasn't any “conspiracy” to convict Amanda and Raffaele?


JD: No, but, they did began to panic when the evidence returned and didn’t match up to the other two; it was all going to Guede. Instead, they returned, over and over to the crime scene, even six weeks later – what was it? Why do you have to go back? Did you miss something? Did you get some new lead? Did you develop something in the lab, and now you have to find it? No. They had to go back because they were looking for something, anything, to fit their theory.


KE: When you mean “they”, are you referring to PM Giuliano Mignini?


JD: He certainly spearheaded it. Speaking of behavior reflecting personality – he has similar behaviors of following theory over evidence in the past. He’s got to win, no matter what; even if the truth doesn’t fit and will break the law to win. The Monster of Florence case is a great example.

I understand Mr. Mignini was under indictment for abuse of office, illegal harassment, and the wire-tapping of journalists relating to that case while prosecuting this trial. It boggles the mind why he was not removed from his office. Moreover, that he was/is allowed to continue to his duties.


KE: But the PM didn’t convict her, a jury did.


JD: It’s the way the evidence was presented to the jurors. There was no evidence, there is no evidence.


Isn’t it strange that all the officers and technicians working on the case received medals and official recognitions? They were preparing the next jurors. When I read that I said to myself, oh, they’re greasing the wheels!


KE: Do you agree with the court of appeals to give the DNA analyses of the evidence to third parties experts?


JD: Absolutely. The more the merrier.


KE: Do you trust the Italian justice system?


JD: It's not a question of trust in a system. I may not trust certain individuals in a system. I am not here to create tensions between America and Italy, or teach others how to do their job.


KE: Are you aware the two defendants said they trusted the Italian justice system?


JD: If I were in prison, I'd probably say the same thing! Amanda and Raffaele at this time have no control over their lives. If they are released, they might express a different opinion.

Two people were convicted that should have never been convicted. The media pictured Amanda as a cold-blooded murderer. Frankly, I was surprised that they were charged. I was surprised by the conviction. The appeal is wrong. It’s wrong because of the lack of concrete evidence. No forensic evidence, no behavioral evidence. Nothing points to their guilt. They’ve got nothing.

This is like the Ramsey case. DNA eliminated the family as suspects. The family did not do it. Besides, I saw what was done to that child (JonBenet Ramsey), how she was sexually assaulted. Parents kill, they do. But not these parents. Not in the way and method that child was killed. They're not the type to kill their daughter.

There are people on websites that hate me to this day because of the Ramsey case. I want to say to them, give it up! – but they just won’t do it.

I believe in Crime and Punishment. I know Meredith’s family wants this nightmare to end, they want closure. But they have the person that killed their daughter! It is Guede. Only Guede.


Thank you to John Douglas for his extensive time for this interview.

*From Nick Pisa's article of September 24th 2011 for the MAIL ONLINE Pisa wrote: "The DNA is crucial in the case, where no clear motive for the brutal killing has emerged".

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PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Sunday, October 2, 2011

Michael Morton: D.A. John Bradley's behaviour in objecting to DNA evidence fuels negative perceptions: The Statesman.



"The mystery suspect is not in custody. And now Austin police are investigating potential links between an unsolved killing that happened in 1988 that bears striking similarities to the 1986 Christine Morton murder. All of that raises the question about whether Michael Morton, who has maintained his innocence, was wrongly convicted. The Innocence Project has cited links to another murder case in 1980 that remains unsolved.
It's a question prosecutors must vigorously pursue. As the judge said, permit the facts to lead the way. Williamson County District Attorney John Bradley's behavior in objecting to DNA testing of evidence only fuels widely held perceptions that prosecutors care more about convictions than justice. His office should be in full cooperation mode. The fate of several other cases hinges on answers in the Morton case, and should the mystery suspect prove to be the true culprit, then a murderer is out there somewhere, free to offend again."
EDITORIAL: THE STATESMAN;
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The main goal of any examination into the case of Christine and Michael Morton must be the search for truth and justice. District Judge Billy Ray Stubblefield of Williamson County emphasized that in his directive to prosecutors and the Innocence Project investigating new evidence that might exonerate Michael Morton, who has been in prison for nearly 25 years for killing his wife, Christine....Let the facts lead the way...
"We must all have the courage to learn the facts and let them lead the way," Stubblefield said in August, when new details emerged about DNA evidence. He is right. Our system of justice is not mistake-proof. But its measure should be taken not just by how many times the right person is convicted and imprisoned, but how well the justice system responds when it errs. This case is testing that core principle of justice.
There are several revelations that raise troubling questions about the case, specifically whether Michael Morton committed the murder and whether prosecutors who handled the case hid exculpatory evidence to help win a conviction. American-Statesman writer Chuck Lindell provides another compelling report on the case in today's editions. To read all of Lindell's previous stories, go to statesman.com.
With its twists, surprises and mystery suspect, the case so far reads more like an Alfred Hitchcock plot than the simple murder case Williamson County prosecutors presented in 1987. Then prosecutors, led by District Attorney Ken Anderson, asserted that Morton killed his wife in 1986 in a frustrated rage after she rebuffed his sexual advances.
Thank goodness for scientific advancements that have made it possible to re-examine the case. Recent DNA testing has turned up stunning details. The New York-based Innocence Project, on behalf of Morton, recently secured a court order for a DNA test of a bandanna that was found 100 yards behind the Morton house near a construction site. Results show the blood and hair of Christine Morton mixed with skin cells belonging to her. But it also turned up DNA from a man with an extensive criminal record.
The mystery suspect is not in custody. And now Austin police are investigating potential links between an unsolved killing that happened in 1988 that bears striking similarities to the 1986 Christine Morton murder. All of that raises the question about whether Michael Morton, who has maintained his innocence, was wrongly convicted. The Innocence Project has cited links to another murder case in 1980 that remains unsolved.
It's a question prosecutors must vigorously pursue. As the judge said, permit the facts to lead the way. Williamson County District Attorney John Bradley's behavior in objecting to DNA testing of evidence only fuels widely held perceptions that prosecutors care more about convictions than justice. His office should be in full cooperation mode. The fate of several other cases hinges on answers in the Morton case, and should the mystery suspect prove to be the true culprit, then a murderer is out there somewhere, free to offend again.
Another issue that must be examined is whether prosecutors who originally handled the case were involved in misconduct, as the Innocence Project claims. Before recusing himself, Stubblefield, said that issue should be examined. We agree, if for no other reason than to unearth deficiencies or mistakes that can prevent wrongful convictions in the future. District Judge Sid Harle of San Antonio has replaced Stubblefield.
In this case, the Innocence Project alleges that prosecutors hid key evidence that would have helped Morton prove his innocence. At issue is a transcript of a phone conversation between a sheriff's investigator and Christine Morton's mother, Rita Kirkpatrick. Kirkpatrick said Morton's 3-year-old son indicated that he had witnessed the murder and that the killer, whom he described as a "monster," was not his father.
This is a case that demands answers, transparency and full cooperation by all parties. Morton was by most accounts an average working guy living an average life. He was not a thug, not homeless, not poor. If the justice system failed him, it can fail anyone. But its redemption can be found in its ability to correct its mistakes.
The editorial can be found at:

http://www.statesman.com/opinion/lets-let-the-facts-lead-the-way-1890578.html

AMANDA KNOX: SUPPORTERS, ON EDGE, GATHER IN SEATTLE FOR VERDICT. THE SEATTLE POST;

"An American writer, Douglas Preston, assisted Knox's defenders by telling of his alleged mistreatment by the lead prosecutor on the Knox case. A criminal investigator, several forensic experts and a retired FBI agent also publicly rebutted evidence they said had been manipulated or wrongly analyzed by Italian law enforcement.

Their key forensic rebuttal involved so-called "low copy DNA" samples taken from the alleged murder weapon, a kitchen knife seized at Sollecito's apartment allegedly containing both Knox's and Kercher's DNA. Waterbury, the Redmond biotech entrepreneur, labeled the DNA testing as "pretend science."

During Knox's appeal this summer and fall, an independent review of the knife DNA essentially agreed with Knox's defenders, finding that the sample was too low to be admitted as evidence.

But prosecutors pushed back on that finding during the appeal, and emphasized other evidence, including alleged telltales of a staged break-in at Knox and Kercher's home.
Knox's defenders, in Seattle and online, have deployed strong rhetoric in her defense."

REPORTER JONATHAN MARTIN: THE SEATTLE TIMES;

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"A homegrown group of
Amanda Knox's most dedicated defenders are planning a private gathering at a Seattle hotel every early Monday, hoping for a celebration but bracing for something else," the Seattle Times story by reporter Jonathan Martin published earlier today under the heading, "Amanda Knox supporters, on edge, gather in Seattle for verdict," begins.

"A verdict in the Italian appeals trial of Knox, the former University of Washington student convicted in the bloody and sensational 2007 murder of her roommate, Meredith Kercher, is expected as early as 3 a.m. Pacific time," the story continues.

"Knox is expected speak around midnight Pacific to the Italian court and jurors.

The early-morning gathering is to be held by Friends of Amanda, an ad hoc group of family friends, attorneys, forensic scientists and retired law enforcement. The group formed to battle inflammatory descriptions of Knox, but evolved into an innocence campaign seeking to debunk key forensic evidence.

"I think it's had a hugely positive effect," said Mark Waterbury, a Redmond forensic scientist who did not know Knox before the case, but wrote a book debunking the DNA evidence presented against her.

A cottage industry has grown up around the case, with at least 10 books, a television movie and dozens of websites dedicated to parsing evidence as well as Knox's psyche. Defenders such as Waterbury have been ridiculed and celebrated.

Opinions of the case are hot enough that organizers of Monday's event asked that its location not be disclosed, to prevent anti-Knox protesters from crashing.

Most of Knox's large family -- including her parents, sister and two stepsisters, aunts and several classmates -- were in Perugia on Monday, anticipating a celebration.
The Italian court is hearing a "de novo" appeal, allowing it to re-examine all the evidence. The six jurors and two presiding judges could vacate the conviction, or they could reaffirm the 2009 trial verdict and give Knox a life sentence, as prosecutors have asked.

Anne Bremner, a Seattle attorney and spokeswoman for Friends of Amanda, said Knox, now 24, could potentially be held in prison or required to stay in Italy even if her conviction is vacated, should prosecutors appeal.

"Given the history of this case, her attorneys have prepped for any eventuality," Bremner said.

It also is unlikely that Knox would return to Seattle immediately if she is released, to give her time relax and to avoid the sensational international media frenzy in an undisclosed location.

Knox has repeatedly said she hopes to return home, and her family has said she is likely to write a book. In recent weeks, supporters have been asking local business leaders to consider hiring Knox if she returns.

"I think Seattle is about the best place for a person like Amanda Knox," said Bremner. "It is not the type of town that hassles people who are famous," citing Bill Gates and Mary Kay LeTourneau, Bremner's former client.

Knox has done correspondence course work at the University of Washington while in prison, but has not graduated, according to the UW.

Knox grew up in West Seattle with a younger sister. Her parents, Curt and Edda Knox, divorced while she was a toddler. Her parents each remarried, and retained homes within blocks of each other.

Knox, a Seattle Prep graduate, was a dean's list student studying Romance languages when she enrolled in University for Foreigners in Perugia in October 2007. She had saved $7,000 for her junior year abroad, working at a University District coffee shop and an art gallery and Seattle Mariners games.

She rented a room in a home with three other girls, including Kercher, in a hillside home just outside of Perugia. Just weeks before the murder, she met Raffaele Sollecito, an Italian computer science student, at a classical music recital. "I'm in love," she wrote in a message to friends back in Seattle.

On Nov. 4, 2007, days after Kercher's body was found, Knox wrote a letter to her mother, Edda Mellas, saying she wanted to stay in Perugia.

"I am not afraid of Italy. I am not afraid of anything in particular. I am afraid because I am confused," Knox wrote.

She was arrested the next day, and in a statement that was later thrown out by an Italian court, implicated her boss, Patrick Lumumba. She wrote a new statement on Nov. 6, 2007, saying she'd been at home with Sollecito the night of the murder.

She has steadfastly professed her innocence ever since. She was convicted in 2009 and sentenced to 26 years in prison.

Knox's family remained silent for months after arrest on the advice of Italian lawyers, declining interview requests from The Seattle Times and other outlets, even as British and Italian tabloids inaccurately sensationalized her as hard partying and sexually voracious.

In response to that coverage and leaks from Italian law enforcement, which also proved inaccurate, the parents of several of Knox's classmates at Seattle Prep formed Friends of Amanda to defend her.

Bremner, who came on later, described the effort as "turning a supertanker of bad information coming from leaks out of a closed proceeding."

Their website has now received nearly 800,000 hits, and the group has raised at least $80,000 to defray her legal bills well over $1 million.

King County Superior Court judge Mike Heavey, whose daughter attended Seattle Prep with Knox, wrote a letter on court letterhead to the presiding Italian judge, questioning the conduct of Knox's prosecutor and police and asking the trial to be moved out of Perugia. The state Judicial Conduct Commission admonished him in 2010 for improperly influencing a pending case.

Others, however, agreed. An American writer, Douglas Preston, assisted Knox's defenders by telling of his alleged mistreatment by the lead prosecutor on the Knox case. A criminal investigator, several forensic experts and a retired FBI agent also publicly rebutted evidence they said had been manipulated or wrongly analyzed by Italian law enforcement.

Their key forensic rebuttal involved so-called "low copy DNA" samples taken from the alleged murder weapon, a kitchen knife seized at Sollecito's apartment allegedly containing both Knox's and Kercher's DNA. Waterbury, the Redmond biotech entrepreneur, labeled the DNA testing as "pretend science."

During Knox's appeal this summer and fall, an independent review of the knife DNA essentially agreed with Knox's defenders, finding that the sample was too low to be admitted as evidence.

But prosecutors pushed back on that finding during the appeal, and emphasized other evidence, including alleged telltales of a staged break-in at Knox and Kercher's home.
Knox's defenders, in Seattle and online, have deployed strong rhetoric in her defense.

At a Seattle University symposium in April, Steve Moore, a retired FBI agent who once oversaw Al Queda investigations, compared Knox's prosecution to a "lynching."

"This will be an academy class in most forensic academies, I hope," said Moore. "This is the worst case I have ever seen in a western country.""
The story can be found at:

http://seattletimes.nwsource.com/html/theblotter/2016387763_amanda_knox_supporters_on_edge.html

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

AMANDA KNOX; DAY OF RECKONING LOOMS AS APPEAL RESUMES TOMORROW (OCTOBER 3, 2011); THE GUARDIAN;

"Knox attended mass on Saturday in the prison near Perugia where she has been held for almost four years since her arrest. The prison chaplain, Father Saulo Scarabattoli, said she had played the guitar during the service, as she did every weekend.

"You can imagine how she is," he said. "But Amanda evinces great strength and hope."

In June, two independent court-appointed experts dismissed as unreliable key forensic evidence against the University of Washington student and her former lover. Since then, a widespread expectation has built up in the US that their appeals will be upheld."

REPORTER JOHN HOOPER; THE GUARDIAN;

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    "Amanda Knox and her former Italian boyfriend will make a last attempt to persuade the court hearing their appeals that they had nothing to do with the murder of Knox's ex-flatmate, the British student, Meredith Kercher tomorrow," the Guardian story by reporter John Hooper published earlier today under the heading, "Amanda Knox to make final plea of innocence," begins.

    "Members of the victim's family will fly into Perugia for the keenly awaited outcome, but were expected to arrive too late to hear the final pleas of Kercher's convicted killers. Their presence, just feet away from the relatives of the two appellants, will add an extra layer of tension to a case already brimming with drama and expectation," the story continues.

    "The Kerchers' legal representatives at the appeal have unequivocally aligned themselves with the prosecution's case that Knox slashed the British student's throat as she was held immobile by Knox's then boyfriend, Raffaele Sollecito, and Rudy Guede, a smalltime drugs trafficker from the Ivory Coast. But the family's lawyer, Francesco Maresca, told the Guardian: "Just as they respected the verdict at the trial, so they will respect the outcome of the appeal."

    Knox attended mass on Saturday in the prison near Perugia where she has been held for almost four years since her arrest. The prison chaplain, Father Saulo Scarabattoli, said she had played the guitar during the service, as she did every weekend.

    "You can imagine how she is," he said. "But Amanda evinces great strength and hope."

    In June, two independent court-appointed experts dismissed as unreliable key forensic evidence against the University of Washington student and her former lover. Since then, a widespread expectation has built up in the US that their appeals will be upheld.

    In Italy, public opinion – once largely hostile to Knox, seen as an angel-faced killer – has become significantly more divided. One of the country's most widely read magazines, Oggi, has campaigned to draw attention to the weaknesses in the prosecution case. And an MP for Silvio Berlusconi's party, Rocco Girlanda, who visited her on Saturday, has become an important advocate of her cause.

    But what little evidence there is suggests most Italians believe Knox and Sollecito were involved in Kercher's murder. In a viewers' poll conducted by Sky Italia after the prosecution wound up its case, only 27% of respondents thought the couple were innocent.

    If that balance of sentiment is reflected among the six lay judges who will help to reach Monday's decision, it could tell against Knox and her former boyfriend, even if the two professional judges are convinced of their innocence. The court president, Claudio Pratillo Hellman, has two votes to cast; the other full-time judge, Massimo Zanetti, one. But the lay judges also have a vote each, and can therefore decide the outcome.

    According to a local paper, Corriere dell'Umbria, clandestine bookmakers – betting is a state monopoly in Italy – were so uncertain of the outcome many were refusing to take bets. Those who did were offering identical odds of 2 to 1 on both a conviction and an acquittal. The shortest odds – evens – were on a reduction of the appellants' sentences.

    Whether that would allow Knox and Sollecito to walk free would depend on how much was lopped off their sentences and the amount of remission they were granted. In any event, both the prosecution and defence can opt for a final appeal to the court of cassation in Rome, though it normally rules only on points of law.

    Knox, who arrived in Italy less than a month before the killing, was sentenced to 26 years at the trial two years ago. Sollecito, who had known Knox for just six days, was given a 25-year sentence.

    Their lawyers have argued Kercher was killed by Guede alone during a break-in. They have poured scorn on the prosecutors' theory of a sex game that got out of hand and highlighted the fact that the prosecutors have failed to come up with a motive for the killing."

The story can be found at:

http://www.guardian.co.uk/world/2011/oct/02/amanda-knox-last-plea-appeal?newsfeed=true

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Saturday, October 1, 2011

AMANDA KNOX: CASE AGAINST HER CALLED A FARCE - (ESPECIALLY THE DNA "EVIDENCE"). VERDICT EXPECTED MONDAY; CBS NEWS;



""What happened this time,' says van Sant, "was the judge ordered that a scientific panel review the evidence. They discovered 54 major mistakes by the crime scene investigators, and they also -- which we reported three years ago -- they also determined that the DNA evidence wasn't DNA evidence at all. The piece of evidence that really damned Amanda was the notion that her DNA was on the handle of the knife and the victim's DNA was on the blade, but what was really on the blade was residue from - rye bread, and I kid you not."

CBS NEWS;

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"The nearly year-long appeal trial in Italy of American Amanda Knox is expected to wrap up Monday, with a verdict seen as likely that same day," the CBS News story published earlier today under the heading, "Case vs Amanda Knox called farce," begins.

"Knox, a former college student from Seattle, is appealing her conviction in 2009 of murdering her roommate in Italy, British student Meredith Kercher," the story continues.

"And, observes CBS News correspondent Peter van Sant (of "48 Hours Mystery) from Perugia, "Things are looking very positive for Amanda Knox.

"Among the Italian journalists covering this, there is a feeling that she will be found not guilty, which is quite an accomplishment when you realize there was this tsunami of tabloid coverage for years, calling her a she-level, promiscuous, drug-using, manipulator, (saying) she held the knife that killed Meredith Kercher, and on and on. "

"That entire case is false. That entire case has crumbled around the prosecutor's ankles. So, it's looking good for Amanda."

What changed from the first trial?

"What happened this time,' says van Sant, "was the judge ordered that a scientific panel review the evidence. They discovered 54 major mistakes by the crime scene investigators, and they also -- which we reported three years ago -- they also determined that the DNA evidence wasn't DNA evidence at all. The piece of evidence that really damned Amanda was the notion that her DNA was on the handle of the knife and the victim's DNA was on the blade, but what was really on the blade was residue from - rye bread, and I kid you not.

"This entire case has been a farce, and it's now out there for the world to see."

The story can be found at:

http://www.cbsnews.com/stories/2011/10/01/earlyshow/saturday/main20114277.shtml?tag=pop;stories

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

GREGORY CARTER: ACCUSED OF POSING AS A PSYCHOLOGIST; TWO CHARGES DROPPED; TESTIFIED IN CHILD CUSTODY CASES; THE TORONTO STAR

"Whitby therapist Gregory Carter is off the hook on two fraud charges but must still face trial over three other accusations of misrepresenting his qualifications in child custody cases. - whitby therapist still facing three fraud charges...

Justice Paul Bellefontaine dismissed two charges of fraud under $5,000 for lack of evidence in Oshawa court Friday morning. A “reasonable jury” could not conclude any misrepresentation had occurred in those cases, he decided."

REPORTER CAROLA VYNHAK; THE TORONTO STAR;

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Gregory Carter, shown in this file photo at a disciplinary hearing by College of Psychologists of Ontario.

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Gregory Carter, shown in this file photo at a disciplinary hearing by College of Psychologists of Ontario.

TONY BOCK/TORONTO STAR
Carola Vyhnak Urban Affairs Reporter

"Whitby therapist Gregory Carter is off the hook on two fraud charges but must still face trial over three other accusations of misrepresenting his qualifications in child custody cases," the Toronto Star story by reporter Carola Vynhak published earlier today under the heading "Whitby therapist still facing three fraud charges," begins.

"Justice Paul Bellefontaine dismissed two charges of fraud under $5,000 for lack of evidence in Oshawa court Friday morning. A “reasonable jury” could not conclude any misrepresentation had occurred in those cases, he decided," the story continues.

"Carter, in his mid-60s, is accused of passing himself off as a psychologist when he was actually a psychological associate, a step below.

Five clients have testified they believed the therapist was a psychologist based on his office signs and business cards, which identified him as “Dr.”

In dismissing one charge, Bellefontaine noted the client would not have done anything differently if he had known Carter did not have a doctorate in psychology.

Carter, who frequently testified in family court, had a Ph.D. in philosophy. He has pleaded not guilty to fraud. The trial continues Dec. 13.

Last year the College of Psychologists of Ontario suspended Carter from practising for three months after he pleaded guilty to professional misconduct beyond his capabilities."

The story can be found at:

http://www.thestar.com/news/article/1062654

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;