Bulletin: Reax to massive hair and fiber cases probe. Former FBI agent calls it "a law enforcement holocaust." Business Insider;

STORY: "Former FBI agent calls flawed forensic evidence 'a law enforcement holocaust,' by reporter Michael Kelley, published in Business Insider on July 13, 2012.

GIST: "The Department of Justice and FBI have launched a review of more than 10,000 cases to look for flawed forensic evidence that might have convicted innocent people, the Washington Post reported this week. Ex-FBI agent and whistleblower C. Fred Whitehurst told Prism magazine that the undertaking – the largest post-conviction review ever done by the FBI – is only the tip of the iceberg because the FBI taught its forensic techniques to local, state, and federal crime lab personnel for decades.

"In this nation alone there are virtually hundreds of thousands of cases in jeopardy where forensic hair analysis was conducted," Whitehurst told Prism. "We are seeing a holocaust of law enforcement come to light which has been taking place now for decades under the nose of an unsuspecting American nation."

Former FBI Special Agent Mike German (now with the ACLU) told Prism that the DOJ felt pressured to act after a Washington Post report in April revealed that for years DOJ officials knew "hair and fiber analysis was subjective and lacked grounding in solid research and that the FBI lab lacked protocols to ensure that agent testimony was scientifically accurate." But neither agency thoroughly reviewed specific cases or informed potentially innocent defendants or their attorneys, the Post reported."

The entire story can be found at:

http://www.businessinsider.com/former-fbi-agent-calls-revelations-of-flawed-forensic-evidence-a-law-enforcement-holocaust-2012-7

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: Reax to massive U.S. hair and fiber cases probe; Prof. David Harris: Author: "Failed evidence. Why law enforcement resists science."

STORY: "DOJ/FBI examination of "thousands" of hair and fiber cases: Posted on July 11, by Professor David Harris on the Blog he has set up in connection with his soon to be released book, "Failed Evidence: Why law enforcement resists science."

GIST: "DNA evidence has now been in wide use in criminal cases for more than twenty years, and many of the nearly 300 convictions reversed in those years have come in cases in which bogus hair and fiber evidence, or other kinds of faulty forensics, convicted the defendants. The weakness of this type of evidence was one of the central points of the 2009 National Academy of Sciences report, “Strengthening Forensic Science in the United States.” Nevertheless, the reaction of law enforcement in D.C. was not to adopt better procedures. According to National Public Radio, even though some law enforcement agencies around the country have made changes for the better based on science, “legislation in the City Council to reform those practices has been opposed by prosecutors and police.” .........It’s an all-too-familiar pattern: science and experience show that evidence and methods we have used is not science at all, and that glaring weaknesses must be fixed. Instead of taking action to improve what it does, law enforcement resists what science can tell us about how to improve, often at a low cost. As a result, innocent people suffer needless injustice, and victims do not get the justice they deserve."

PUBLISHER'S NOTE: From the author's web-site: "Failed Evidence: Why law enforcement resists science" (NYU Press) is a direct challenge to police and prosecution leadership that has failed to come to grips with the insights that science has supplied for routine types of traditional police work. We’ve all heard about the DNA-based exonerations of innocent people: almost 300 over the last two decades. Failed Evidence starts with this topic, but pushes further. There is now plenty of science about the basic things that go wrong in eyewitness identifications, in suspect interrogations, and in forensic science. The science concerning these issues is rigorous, well documented, and replicated; moreover, it tells law enforcement not only what "not" to do in order to avoid miscarriages of justice (e.g., don’t do simultaneous lineups) but how to do the same tasks with much lower risk of mistakes (e.g., use sequential lineups). Yet, with the exception of DNA work, law enforcement has not embraced science. Most often, it has actively resisted science. The question at the center of "failed evidence" is why. If we can understand why, we will begin to understand what can be done to overcome this resistance, and how to have lasting change in the justice system. The book contains recommendations for creating this kind of change, as well as examples of situations from states in which breakthroughs have happened."

The entire post can be found at:

http://failedevidence.wordpress.com/

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: Kirk L. Odom; officially exonerated; DNA retesting cleared him in D.C. rape, robbery; Reporter Spencer Hsu; The Washington Post;

STORY: "Kirk L. Odom officially exonerated; DNA testing cleared him in D.C. rape, robbery," by reporter Spencer S. Hsu, published in the Washington Post on July 13, 2012.

GIST: "A D.C. Superior Court judge on Friday officially exonerated Kirk L. Odom, wrongfully imprisoned for more than 22 years in the rape and robbery of a woman in her Capitol Hill apartment in 1981. “Mr. Odom has been the victim of a grave miscarriage of justice. He is actually innocent of the crimes for which he was convicted,” Judge Herbert B. Dixon wrote in a three-page order that vacated Odom’s convictions on the basis of new DNA testing that proved he was not the perpetrator.........Odom maintained his innocence since before his 1982 trial and sought new DNA tests in February 2011. The Washington Post has reported that Odom is the third D.C. man convicted of rape or murder to have his charges vacated since 2009 based on erroneous forensics and testimony by FBI hair experts."

The entire story can be found at:

http://www.washingtonpost.com/local/crime/kirk-l-odom-officially-exonerated-dna-retesting-cleared-him-in-dc-rape-robbery/2012/07/13/gJQAuH3piW_story.html?wprss=rss_local

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.

Michael Chamberlain: His book "Heart of Stone," assails lies, rumours, and the prosecution's presentation of forensic evidence. New Zealand Herald.

STORY: "Runours and lies fed dingo case," by reporter Nicholas Jones, published in the New Zealand Herald on July 7, 2010.

GIST: "But several days later a reporter told the Chamberlains that he found their composure suspicious. Soon afterwards, a police detective told Michael Chamberlain in an interview what he now identifies as "the first great lie". "He put it to me that Azaria's clothing was found folded and placed in the crevice of a rock. Now, he lied. And that was the first great lie," Chamberlain said. A hostile media, fed further false information by police, soon had the couple marked as murderers by much of Australia.........But it was the prosecution's presentation of forensic evidence to show that blood was found in the Chamberlains' car which was critical. People threatened to kill the couple and spat on Lindy as she walked into the court. It was only later that the "blood" was discovered to be a mixture of spilt milkshake and a chemical spray. "At the time it was sensational. And again - lie upon lie," Chamberlain said.

http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10817974

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: "Justice skate at Scooter's: Association in Defence of the Wrongly Convicted fundraiser: Saturday July 14, 2012.

PUBLISHER'S NOTE:  It is a pleasure to provide this information about tomorrow's fundraiser at the request of The Association in Defence of the Wromhly Convicted - an organization, very dear to my heart, which has helped expose wrongful convictions in Canada, the U.S.A and other jurisdictions;

Harold Levy: Publisher; The Charles Smith Blog.

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

"Justice skate at Scooters": Roller or inline skate - dance - face painting, bake sale and much more;

Saturday July 14, 2012; 53.0 to 7.30 PM;

2105 Royal Windsor Drive, Mississauga, ON.

Advance tickets are $20.00. Special rates for families and students. 

Make a plan to come out and have fun while supporting AIDWYC’s important work.

Please invite family members, colleagues and friends.

If you are not able to attend please purchase a Donate and Skate ticket which will allow a child to attend whose parents cannot afford admission.

You can order tickets by emailing Win Wahrer or calling 416-504-7500 x 227 or 1-800-249-1329 x 227 or 905-808-2588.

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

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

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.

Hank Skinner: Texas; Witness implicates alternative suspect in death penalty case. Key evidence "lost." David Protess; The Huffington Post;

STORY: "Witness implicates alternative suspect in Texas death penalty case, by Chicago Innocence Project President David Protess, published in the Huffington Post on July 9, 2012.

GIST: "Camera rolling, a student-journalist hands the witness a photo taken by police at a gruesome crime scene. The witness studies the photo and turns away, seemingly repulsed. Then she tears up. It isn't a photo of the female murder victim, Twila Busby, or her two adult sons, butchered in their Pampa, Texas home on New Year's Eve in 1993. Rather, it's a color photo of a tan jacket, stained with blood and sweat -- and found next to Twila's lifeless body. Based on the stain patterns, the jacket was likely worn by the killer, an expert concluded. But the jacket didn't belong to Hank Skinner, who was convicted of the slayings and sentenced to death in 1995. So whose was it, the young reporter wanted to know? "I am 100 percent sure this was Robert Donnell's jacket," the witness declares. "He wore it all the time." The witness, Deborah Ellis, knew Donnell well. Her parents lived next door to him in Pampa at the time of the murders and Donnell's wife, Willie Mae, was "like a grandmother to me," Ellis says. Ellis also knew that Donnell was Twila's alcoholic uncle who'd harassed her at a New Year's Eve party the night of the murders, and that he'd left the party after Twila and hadn't returned home for hours. Soon afterward, Ellis saw him suspiciously scrubbing the interior of his pick-up truck and replacing its rubber floorboards. But police arrested Hank Skinner instead because he was in the home at the time of the crime, disbelieving his claim that he'd passed out on the couch from drinking vodka laced with prescription meds. And, despite a witness and two toxicologists who corroborated Skinner's story, he was convicted and dispatched to Texas' death row -- coming within 47 minutes of execution before the Supreme Court issued a stay.........For more than a decade, Texas lawmen fought the testing. They lost before the U.S. Supreme Court, they lost before the Texas legislature and they were about to lose earlier this year before the Texas Court of Criminal Appeals when they finally relented. On June 1, they agreed to test the unexamined evidence. Two weeks later, they made a stunning admission: The jacket had vanished. "No one's ever been able to find that thing," shrugged Gary Noblett, who manages the Pampa police department's evidence room. Skinner's lawyers were outraged. "Mr. Skinner has insisted that this jacket should be tested because it may have been worn by the assailant," said attorney Rob Owen. "It is difficult to understand how the State has managed to maintain custody of items as small as fingernail clippings, while apparently losing something as large as a man's windbreaker jacket."

The entire story can be found at:

http://www.huffingtonpost.com/david-protess/witness-implicates-altern_b_1656016.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: Innocence Project welcomes bills filed today mandating scientific standards for forensic science.

STORY: "Innocence Project praises bills filed in both Houses of Congress today mandating scientific standards for forensic sciences: Senate Commerce Committee and House Science Committee bills establish scientific research and oversight for forensic sciences," published by the Innocence Project on July 12, 2012;

GIST: "The bills are designed to address the wide ranging deficiencies in scientific validation and the lack of oversight of forensic sciences that were highlighted in a 2009 report by the National Academy of Sciences.........The following can be attributed to Peter Neufeld, Co-Director of the Innocence Project, which is affiliated with Cardozo School of Law. "Today, leaders of the Senate Commerce Committee and the House Science Committee took a giant step forward in ensuring that forensic science is based on strong scientific research and governed by consistent and meaningful standards. For far too long, the forensic science disciplines have suffered from the lack of these components, resulting in practices that hamper law enforcement's ability to solve crimes and contribute to wrongful convictions. The bills that were filed today are an important component of ensuring that forensic sciences are based on solid, reliable research. We urge Congress to act quickly to enact this legislation and to develop and support mechanisms for the practical implementation of the resulting research and standards;

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;