Eyewitness identification: Wrongful Convictions Blog says countless convicted on evidence that is unreliable 25% of the time. Must Must Read!

STORY: "Eyewitness nightmare: We've convicted countless on evidence that is unreliable 25% of the time," by Nancy Petro, published on the Wrongful Convictions Blog on July 6, 2012. (Yesterday, this Blog featured a post headed "Groundbreaking research: One out of every 10 rape allegations wrong?" by Forensic Psychologist Karen Franklin published on "Forensic Psychologist", on July 3, 2012 with thanks to the Wrongful Convictions Blog for pointing out this disturbing analysis. Considered together, these two posts raise the spectre of many more wrongful convictions out there, including death penalty cases, which have not been exposed - and the possibility of many more wrongful convictions in the future - in spite of the means at hand for avoiding them. The alarm bells are quite deafening. HL.)

GIST: "A fundamental principal in American criminal justice is that one is innocent until proven guilty beyond a reasonable doubt. But in the past two decades, DNA-proven wrongful convictions have revealed that we’ve routinely met the standard of “beyond a reasonable doubt” with evidence that is quantifiably incorrect one-fourth of the time. A 25 percent error rate in school has historically earned the very lackluster grade of D. A 25 percent margin of error would shutter any hospital and ground any airline. But, in the criminal justice system, most Americans, blinded by trust in the system and a popular allegiance to “tough on crime” policies, have yet to demand best practices in securing the most accurate evidence possible from those who have witnessed a crime. .........This error rate is consistent with the findings of years of pairings in both public and private labs of crime scene biological evidence, primarily from sexual assault cases, with the DNA of the suspect, usually identified by the victim. From a report by Barry Scheck and Peter Neufeld in the landmark 1996 National Institute of Justice study, Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial: “Every year since 1989, in about 25 percent of the sexual assault cases referred to the FBI where results could be obtained (primarily by state and local law enforcement), the primary suspect has been excluded by forensic DNA testing.........Any case based solely upon eyewitness identification should raise red flags. It’s becoming increasingly obvious that eyewitness identification alone, with its 25-percent error rate, cannot prove guilt beyond a reasonable doubt."The entire post can be found at:

http://wrongfulconvictionsblog.org/2012/07/06/eyewitness-nightmare-weve-convicted-countless-on-evidence-that-is-unreliable-25-of-the-time/

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.

Erroneous rape accusations: "Groundbreaking research: One out of every 10 rape allegations wrong?" by Forensic Psychologist Karen Franklin; Must Read.

STORY: "Groundbreaking research: One out of every 10 rape allegations wrong?" by Forensic Psychologist Karen Franklin published on "Forensic Psychologist", on July 3, 2012. (Thanks for the Wrongful Convictions Blog for pointing out this disturbing analysis);

GIST: "The most methodologically rigorous study to date, released in June, suggests that somewhere between 8 and 18 percent of men convicted of sexual assault may be innocent. The federally funded research project randomly sampled convictions in Virginia between 1973 and 1987, before DNA testing was widely available, and compared preserved physical evidence with the DNA profiles of convicted men. After poring through more than half a million cases, researchers found 422 sexual assault cases in which DNA evidence was preserved. In 8 percent (33) of those cases, the DNA evidence was exculpatory and supported exoneration. Because many of the DNA comparisons were inconclusive, this amounted to 18 percent of the cases in which it was possible to make a definitive determination one way or the other based on DNA analysis. (The data and the analyses are complex and not without flaws, so I recommend reading the study itself before relying on these numbers......... The complexities in understanding sexual assault patterns are mind-boggling, and can make your head spin. False convictions, false accusations, false retractions. And then there's the other end of the spectrum: A vast proportion of sexual assaults – probably somewhere between 85 and 95 percent – are still going unreported altogether. And when victims do come forward, prosecution is rare, and convictions even rarer. It's one gigantic mess, all around."

The entire post can be found at:

http://forensicpsychologist.blogspot.ca/

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.

"Shaken Baby Syndrome": Recent law review articles and pending books show the tide may be turning. Thanks to Sue Luttner. "On SBS" blog.

STORY: "Well said. Law reviews address SBS," published on the SBS Blog on July 2, 2012.

GIST: "With manuscripts from seasoned veterans, young idealists, and players in between, law journals are starting to cover the legal tangle surrounding shaken baby syndrome.........Both Professor Tuerkheimer and Audrey Edmunds—the Wisconsin babysitter whose vacated conviction in 2007 marked the beginning of the Innocence Network’s success with shaking cases—will have books on the shelves soon. The tide is turning."

The entire post - complete with references to recent law review articles which expose the flaws inherent in blind acceptance of the "shaken baby syndrome" - can be found at.

http://onsbs.com/2012/07/02/well-said-law-reviews-address-sbs/

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.

Jeffrey Gillham: NSW. How defence toxicologist turned the prosecution's crucial scientific evidence "on its head." Sydney Morning Herald.

STORY: "Key parts of the appeal killer Jeffrey Gillham used to seek his freedom," by reporter Paul Bibby published by the Sydney Morning Herald on June 26, 2012.

GIST: 'Time doesn't lie ladies and gentlemen,'' Crown prosecutor Margaret Cunneen, SC, said in her closing address. ''Stephen, Helen and Christopher Gilham were undoubtedly killed in the five to 10 minutes from 3.57am, when Mrs Christine Shaw checked her clock … on hearing the dreadful sounds coming from the house down the road from the river.'' But when Mr Gilham's lawyers appealed against his convictions they came armed with an expert report which turned this crucial scientific evidence, and the Crown case, on its head. David Penney, an American toxicologist with 40 years' experience working with CO, said the levels found in the blood of all three deceased showed when the fire was lit they were still alive. ''All three individuals appear to have absorbed some CO from the fire … with Christopher Gilham absorbing the most,'' Dr Penney said. ''It is preposterous to assert [as Dr Lawrence did] that even with a person having '10 per cent [CO] it would be assumed that the person died before the fire started'. In my opinion, Christopher Gilham inhaled a significant amount of smoke … before he died.''

The entire story can be found at:

http://www.smh.com.au/nsw/key-parts-of-the-appeal-killer-jeffrey-gilham-used-to-seek-his-freedom-20120625-20ykz.html

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.

Bulletin: Hank Skinner; Items for DNA testing to be handed over to lab Thursday 5 July; He says they will clear him. Houston Chronicle.

STORY: "State to get DNA evidence for DNA testing," by reporter Allan Turner, published in the Houston Chronicle on July 4, 2012.

GIST: "In a case that has become an international anti-death penalty cause célèbre, Skinner since 2001 has battled to obtain DNA testing of items he believes will clear him of the Pampa killings of Twila Busby and her sons, Randy and Elwin.........The items are to be turned over to Texas Department of Public Safety lab technicians on Thursday. "This nightmare is almost over," Skinner said in a recent death-row interview. "I'm looking forward to the day I can leave. I'll either leave with a few boxes under my arm or in a box. I've already spent 18 years in hell. The state's seeming capitulation appeared a breakthrough for Skinner, who has orchestrated a "Free Skinner" campaign through frequent prison cell pronouncements and postings on his website, "Hell Hole News." Even as Skinner's lawyers and supporters breathed a sigh of relief, though, it once again appeared the victory may only be partial. State lawyers admit that, after a thorough search, they cannot find the windbreaker, which Skinner attorney Rob Owen called a key piece of evidence."

The entire story can be found at:

http://www.chron.com/news/houston-texas/article/State-to-get-Skinner-evidence-for-DNA-testing-3684530.php

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.

Gordon Wood: New South Wales; Acquitted of murder of Caroiine Byrne. Case reveals systemic forensic flaws; The Courier-Mail.

STORY: "Gordon Wood acquitted of murder of Caroline Byrne", by reporter Amy dale, published in the Courier Mail on February 25, 2012. (Australia);

GIST: "The NSW Court of Criminal Appeal has determined that Wood, who had been serving a minimum 13-year sentence for the crime, should not have to face another trial after accepting that evidence presented to the 2008 jury was flawed and his conviction unsafe.........During the eight-day hearing last year, Wood’s appeal barrister Tim Game SC presented nine grounds of appeal, which included evidence that forensic material presented at the trial was flawed. The appeal was told the evidence of associate physics professor Rod Cross was biased, and that the jury hadn’t been told the true extent of his involvement in the police case. Mr Game said that Professor Cross, who later wrote a book about the case and trial, had been part of “a project to prove Gordon Wood was guilty of murder”, leading Justice McClellan to note that the witness had “crossed the line no expert should cross." Professor Cross’s evidence to the jury - in which he said Wood was strong enough to throw his girlfriend the 11.8 out from the cliff face - was also scrutinised at the appeal, with Justice Rothman that those tests had been done with a compliant woman. "Surely… the person would be struggling so all the spear tests about throwing would be irrelevant, are they not?” he said. The appeal was also told that a photo said to be taken shortly after the model’s death and tendered to the murder trial was in fact taken in 2003 - a difference which could impact on the calculations that were presented by Professor Cross."

The entire story can be found at:

http://www.couriermail.com.au/ipad/gordon-wood-aquitted-of-murder-of-caroline-byrne/story-fn6ck4a4-1226280979896?utm_term=forensic

See Networked Knowledge's new home page on the Gordon Wood case; It contains considerable information and insight.

http://netk.net.au/WoodHome.asp

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.

Bulletin: Simon Harwood: (7); 'I was wrong to hit and push Ian Tomlinson.' The Guardian.

STORY: "Simon Harwood: I was wrong to hit and push Ian Tomlinson': G20 police officer accused of manslaughter says he would not have pushed newspaper vendor if he'd known he was unwell, by reporter Peter Walker, published in the Guardian on July 3, 2012.

GIST: "During a full day of sometimes emotional testimony, which saw Tomlinson's family walk out of the public gallery for a period and Harwood's wife, Helen, break into sobs several times, the policeman said he regretted his actions on the evening of 1 April 2009. He told Southwark crown court: "Now I know all that I know now, and how poorly he was, I am sorry I got it wrong. I should not have hit him with a baton and pushed him.".........Dennis repeatedly challenged Harwood's assertion that he believed at the time he was in a riot, showing videos of the passageway containing relatively few people. Dennis said: ""I suggest you are not telling the truth at all. This is your last line of defence, having been caught out, on video, acting improperly." Harwood rejected this."

The entire story can be found at:

http://www.guardian.co.uk/uk/2012/jul/03/simon-harwood-wrong-ian-tomlinson

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.