Pamela Jacobazzi; Shaken baby syndrome case taken on by the Illinois Innocence Project. (We will follow developments. HL);

STORY: "The Pamela Jacobazzi case," published by the Illinois Innocence Project on its Web page.

GIST: "Jacobazzi became the main suspect in Matthew's death. Matthew's injuries, which included a subdural hematoma, retinal hemorrhaging, and brain swelling, were considered consistent with Shaken Baby Syndrome (SBS). At the time, SBS was considered sound science and was accepted in the medical community. Recently however, SBS has become a controversial diagnosis. Changes in medicine now challenge the assumption that the trio of injuries (subdural hematoma, retinal hemorrhaging, and brain swelling) can only be the result of a violent shaking or a fall from a three story building. In fact, medical literature now suggests that pre-existing medical conditions such as subdural bleeding, cerebral artery aneurysms, vascular malformations, meningitis, and coagulation and hematologic disorders such as leukemia, sickle cell anemia, disseminated intravascular coagulation (DIC), hemophilia, von Willebrand's disease and idiopathic thrombocytopenic purpura (ITP), in conjunction with a short fall or other minor head trauma, can produce the symptoms previously associated with Shaken Baby Syndrome. Armed with this new information, The Illinois Innocence Project has begun to reinvestigate Jacobazzi's case. The Project is working with students from the University of Illinois College of Law and Jacobazzi's attorney, Anthony Sassan, to prove that Matthew's injuries were not the result of a violent shaking, but, instead were the result of Matthew's short fall, coupled with his naturally occurring diseases."

The entire story can be found at:

http://www.uis.edu/innocenceproject/cases/current/jacobazzi/index.html

See up-date: Supporters are seeking clemency:

http://www.dailyherald.com/article/20120623/news/706239868/

PUBLISHER'S NOTE:

I am monitoring this case. 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.

Brenda Waudby: "Truth, Lies and Confessions." The actual CBC production - broadcast on The National - for those that missed it. (Must Watch. HL);

"Truth, Lies and Confessions': Are police interrogation methods eliciting false confessions from innocent people? CBC: The National; This intense and illuminating in-depth documentary by legendary journalist Joe Schlesinger can be found at:

http://www.cbc.ca/player/News/TV+Shows/The+National/ID/2249822374/

In depth background, analysis. links and video on the production can be found at:

http://www.cbc.ca/thenational/indepthanalysis/truthliesandconfessions/

Time context: Ms. Waudby appears in court in Peterborough, Ontario on Wednesday June 27, 2012 at 10.00 AM in what could be a decisive hearing.


PUBLISHER'S NOTE:

I am monitoring this case. 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.

David Gavitt: Arson; University of Michigan Law School Innocence Clinic lawyer describes "modern science" that freed him. Ann Arbor.com'

STORY: "How University of Michigan helped free imprisoned man falsely convicted of killing his family," by Lucy Anne Lance, published by Ann Arbor.com on June 23, 2012.

GIST: "The arson investigation showed burn patterns inside the house appeared to indicate arson, but modern fire science now disproves that. A fire science expert told the clinic it was caused by a flashover, which occurs when toxic gases burst into flames in a closed room. It also has been determined that a Michigan State lab technician botched a test that he said showed there was gasoline on the carpeting. David Moran: Co-director of the University of Michigan Law School's Innocence clinic. "The fire examiners at the time concluded that this fire had been intentionally set in the living room, even though there were obvious sources of ignition in the living room - the candles lit, cigarettes burning in the ashtray and a large dog to knock them over. No motive in this case. This was a happily married couple. No life insurance. But just based on this forensic evidence at the time, he was convicted and sentenced to three counts of first degree murder to life in prison without parole." Lucy Ann Lance; Interviewer; "Technology has changed and you were able to determine what actually happened." Moran: Our students, especially Max Kosman, Imran Syed and Caitlin Plummer, developed this case and we sent it out to the experts to say, with all of these photographs of the scene, would you call this arson today? The answer was no, this was more likely to be an accidental fire. Remember those gas chromatographs that supposedly show gasoline on the carpet? We got those original gas chromatograph charts from the Michigan State Police and we sent them to the top gas chromatograph people in the country. They told us that there was absolutely no gasoline in any of these seventeen charts. We presented all of this information to Ionia County prosecutor Ron Schafer last summer 2011 and said here’s everything we have, we want you to take a look at it, and to his great credit he was willing to do that."

The entire story can be found at:

http://www.annarbor.com/news/opinion/an-innocent-man-pieces-his-life-back-together-after-27-years-behind-bars/

PUBLISHER'S NOTE:

I am monitoring this case. 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.

Brenda Waudby: "Truth, lies and Confessions." Set-up for tonight's (June 24), CBC doc; In-depth background, analysis, videos and links. Must read!

STORY: ""Truth, Lies and Confessions": In depth and analysis; Joe Schlesinger examines the truth and lies behind police interrogations.""

GIST: "The interrogation-room confessions that led to the convictions of Russell Williams and Terri-Lynne McClintic for their horrific and high profile crimes earned high praise for the Ontario Provincial Police, and especially for interrogator Staff Sgt. Jim Smyth. But outside the glare of the media spotlight, concerns are being raised about the aggressive methods employed by Canadian police forces, and whether the interrogation techniques they use are eliciting confessions from the innocent, as well as the guilty. Two Canadians who confessed to crimes they did not commit speak out in this exclusive report by Joe Schlesinger of CBC News."

The entire set-up can be found at:

http://www.cbc.ca/thenational/indepthanalysis/truthliesandconfessions/

PUBLISHER'S NOTE:

I am monitoring this case. 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;

Bennett Barbour: Virginia; His lawyers ask why state is not systematically reviewing cases lacking biological evidence. U. of VA.

REMINDER: MUST WATCH! BRENDA WAUDBY: CBC NATIONAL DOCUMENTARY "TRUTH, LIES AND CONFESSIONS": SUNDAY JUNE 24: "Canadians cheered when police obtained confessions from Russell Williams and Terri-Lynne McClintic for their horrific crimes. But others who've been subjected to police interrogations, including Brenda Waudby, say the aggressive techniques used by Canadian police are eliciting confessions from innocent people, too. Joe Schlesinger presents his special report, Truth, Lies and Confessions, Sunday, June 24 on CBC News The National." Airs at 10 p.m. on CBC Television, and at 9 p.m. ET on CBC News Network. Available online at cbc.ca/thenational after the broadcast."

STORY: "University of Virginia Law Clinic client feels 'vindicated' as Virginia Supreme Court clears his name: When the Virginia Supreme Court exonerated Bennett Barbour of a 1978 rape conviction late last month, he felt relief, yet also deep frustration that it took more than three decades to clear his name," published by the University of Virginia on June 12, 2012.

GIST: "Barbour's case was one of roughly 1,000 in Virginia that had DNA evidence dating back to the 1970s that then-Gov. Mark R. Warner ordered tested in 2005. To date, 10 people have been exonerated in Virginia thanks to post-conviction DNA testing. Enright and Engle said they are pleased with the court’s ruling in Barbour’s case, but remain skeptical that enough is being done to identify wrongful convictions in Virginia. "The work we did on Mr. Barbour’s behalf should not restore his — or anyone's — confidence in Virginia's criminal justice system," they said in a statement. "Mr. Barbour's wrongful conviction for rape came to light because of Gov. Mark Warner's insistence that the DNA evidence in old cases be tested. But the initial results in most of those cases have been inconclusive, and those inmates do not have lawyers and are not being told that they have the option of seeking more sophisticated testing. So it is impossible to know if additional testing could prove their innocence." Moreover, Enright and Engle said, Virginia is not systemically reviewing the cases in which there was no biological evidence that could be tested for DNA — and those are the vast majority of criminal cases. "There’s no reason to think that similar mistakes weren’t made in many of those cases as well," they said. "Our Innocence Project reviews old cases, of course — but two directors and 12 clinic students can only do a few cases a year..."

The entire story can be found at:

http://www.law.virginia.edu/html/news/2012_sum/barbour_interview.htm

PUBLISHER'S NOTE:

I am monitoring this case. 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;

Coroner's autopsies: Ontario apologizes for keeping body parts after autopsies without telling families. The Toronto Star. (HL: Signs of a new era);

REMINDER: MUST WATCH! BRENDA WAUDBY: CBC NATIONAL DOCUMENTARY "TRUTH, LIES AND CONFESSIONS": SUNDAY JUNE 24: "Canadians cheered when police obtained confessions from Russell Williams and Terri-Lynne McClintic for their horrific crimes. But others who've been subjected to police interrogations, including Brenda Waudby, say the aggressive techniques used by Canadian police are eliciting confessions from innocent people, too. Joe Schlesinger presents his special report, Truth, Lies and Confessions, Sunday, June 24 on CBC News The National." Airs at 10 p.m. on CBC Television, and at 9 p.m. ET on CBC News Network. Available online at cbc.ca/thenational after the broadcast."

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PUBLISHER'S VIEW: Members of the public had good reason to be disturbed after learning that the Chief Coroners Office had failed to inform family members that as many as 4000 body parts from as far back as the 1970's had been kept for study after their loved one's body had been returned following a coroner's autopsy. As a reader wrote the Globe and Mail: "A crime survivor has no choice when a coroner's office retains a loved one's body for autopsy. It is an order. Survivors have long expected to trust the coroner was performing autopsies in the best interest of family, to provide answers. They also expected that a loved one was returned intact." From my point of view, this disclosure is a welcome sign that Ontario has learned from the mistakes of a previous era symbolized by the misdeeds of former doctor Charles Smith and top officials of the Chief Coroner's Office who were found by the Goudge Inquiry into many of Smith's cases to have been more concerned about protecting the reputation of their office than about protecting the public. It is also a welcome sign that the Chief Coroner's Office, headed by Dr. Andrew McCallum - which could have kept the public oblivious to the existence of the 4000 body parts - is committed to transparency in its bid to regain public trust.

Harold Levy: Publisher; The Charles Smith Blog.

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STORY: "Province apologizes for keeping body parts after autopsies without telling families," by reporter Valerie Hauch, published in the Toronto Star on June 13, 2012.

GIST: "The province has apologized for not telling family members organs have been kept for study after a loved one’s body has been returned following a coroner’s autopsy. There may currently be as many as 4,000 such organs in medical storage, says Dr. Michael Pollanen, Ontario’s chief forensic pathologist. The practice has been going on for “as long as autopsies have been carried out,’’ he told a news conference Wednesday. “While today’s announcement is difficult for some to hear, we believe that sharing information about this historical issue is the right thing to do,’’ he said, adding that the rationale had been to spare families “further grief.’’ “Times have changed and so has our approach to communicating with bereaved families. When an organ must be retained we now discuss it openly,” Pollanen said........ The Ontario Coroners Act gives coroners the authority to order an autopsy as part of a death investigation — usually in case of murder, suicide or an unusual death. The government added Regulation 180 to the act on June 14, 2010, which requires authorities to tell relatives if the body parts were to be retained for further examination and also ask what their wishes were for final disposition. Since that regulation came into effect, Pollanen said, it was decided that families of those who underwent coroner’s autopsies before June 14, 2010, should be informed that the government may have body parts in storage. Some of the 4,000 organs retained from autopsies date back as late as the 1970s, said Pollanen. There’s no way of knowing how many organs may have been kept in total over the years. But he believes that those already disposed of would have been done “respectfully.’’ With advancements in medical technology, there is less need to retain organs for further study, he said."

The story can be found at:

http://www.thestar.com/news/article/1211084--province-apologizes-for-keeping-body-parts-after-autopsies-without-telling-families?bn=1

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GOVERNMENT OF ONTARIO RELEASE: JUNE 13, 2012.

"Ontario inviting families to inquire about organ retention: Affects coroner-warranted autopsies before June 14, 2010.

Ontario's Chief Forensic Pathologist and Chief Coroner are reaching out to those who lost a family member in Ontario before June 14, 2010, resulting in a coroner's investigation and autopsy.

For decades, retaining organs as part of an autopsy was standard practice, and information shared with bereaved families was sometimes limited in an attempt to spare them further grief. As a result, there are some families who may not have been notified that an organ was retained for testing to help determine the cause of death.

Now, under Regulation 180 of the Coroners Act, families are routinely notified when an organ is retained and their wishes regarding final disposition of the organ are sought wherever possible.

Immediate family members and personal representatives (i.e. those responsible for administering an estate) are invited to contact the Ontario Forensic Pathology Service and the Office of the Chief Coroner at 1-855-564-4122 or send an email to OrganRetention@ontario.ca to find out if an organ was retained in their case. Affected families and personal representatives may request that the organ be sent to a funeral home for cremation or burial, at the expense of the Ontario Forensic Pathology Service and the Office of the Chief Coroner.

On June 14, 2013, remaining organs retained before June 10, 2010, will be respectfully disposed of in accordance with Regulation 180 made under the Coroners Act.

Ontario's Chief Forensic Pathologist and Chief Coroner are committed to helping families get the answers they need.

QUICK FACTS:

• This announcement only pertains to autopsies that were ordered by a coroner as part of a thorough death investigation before June 14, 2010, and does not include routine hospital autopsies.
• Coroners investigate approximately 17,000 deaths in Ontario each year - approximately 6,000 of those investigations require an autopsy.
• The Coroners Act gives coroners the authority to order that an autopsy be conducted as part of a death investigation. Death investigations not only allow us to answer questions about the circumstances of the individual's death; they can also help to prevent similar deaths from occurring.
• Since June 14, 2010, all coroners and pathologists must obtain permission from the Chief Forensic Pathologist or designate to retain an organ for further examination.

The release can be found at:

http://news.ontario.ca/mcscs/en/2012/06/ontario-inviting-families-to-inquire-about-organ-retention.html

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PUBLISHER'S NOTE:

I am monitoring these issues. 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.

Brenda Waudby: Must watch! "CBC National" doc on "confessions" elicited from innocent people by aggressive police techniques. Sun. June 24.

PUBLISHER'S NOTE: The CBC National's special report on aggressive police interrogation techniques that lead to so-called "confessions" from innocent people presented by legendary journalist Joe Schlesinger on Sunday June 24 could not be have better timed. It comes less than three days before Ms. Waudby attends court in Peterborough for what may be a very decisive appearance. The CBC has played a significant investigative role in exposing Charles Smith and his protectors in the Chief Coroner's Office over many years beginning with the groundbreaking Fifth Estate documentary "Diagnosis Murder" (November 10, 1999) which sent out powerful alarm bells - sadly unheard by the authorities at the time - as it set out the enormous harm Dr. Charles Smith caused to innocent parents and caregivers within Ontario's criminal justice system. It continues to play that role. Of "Truth, lies and confessions," the CBC tells us that: "Canadians cheered when police obtained confessions from Russell Williams and Terri-Lynne McClintic for their horrific crimes. But others who've been subjected to police interrogations, including Brenda Waudby, say the aggressive techniques used by Canadian police are eliciting confessions from innocent people, too. Joe Schlesinger presents his special report, Truth, Lies and Confessions, Sunday, June 24 on CBC News The National." Airs at 10 p.m. on CBC Television, and at 9 p.m. ET on CBC News Network. Available online at cbc.ca/thenational after the broadcast."

Harold Levy: Publisher; The Charles Smith Blog;

-------------------------------------------------
PUBLISHER'S NOTE:

I am monitoring this case. 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.