Thursday, April 4, 2013

Manuel Velez: Death Row case; Major development. Judge recommends new trial; Finds defence counsel did not call compelling medical evidence which refuted prosecution theory that he struck the 1-year-old child; StandDown Texas Project.


POST: "New trial recommended for Manuel Velez," published by the StandDown Texas Project on April 3, 2013. (Based on "Retrial closer for convicted killer," by reporter Mark Reagan, published in the Brownsville Herald).
The entire post can be found at:

http://standdown.typepad.com/weblog/2013/04/new-trial-recommended-for-manuel-velez.html

Background: (American Civil Liberties Union ....alleges serious prosecutorial misconduct).

 http://smithforensic.blogspot.ca/2011/10/manuel-velez-american-civil-liberties.html

 PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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.  

Wednesday, April 3, 2013

Hank Skinner: Defence and State lawyers agree on more testing - but a jacket claimed to be a critical piece of evidence pointing to another suspect remains lost; Texas Tribune;


STORY: "Lawyers agree to more DNA testing in Skinner case," by reporter Brandi Grissom, published by the Texas Tribune, on April 2, 20134.

GIST:  "After conducting hundreds of tests on samples of blood, hair, sperm, fingernail clippings and other crime scene evidence, prosecutors in the Texas attorney general's office and lawyers for death row inmate Hank Skinner have signed an agreement this week to allow more DNA testing in the 1993 triple murder for which he was sentenced to death. The lawyers signed an agreement that allows more advanced DNA testing on samples of carpet from the crime scene, hair found on one of the victims' hands, and blood from Skinner and the other two murder victims. Skinner was convicted in 1995 of the murders of his live-in girlfriend, Twila Busby, and her two adult sons in Pampa. Skinner has maintained his innocence, arguing that he was unconscious on the couch at the time of the killings, intoxicated from a mixture of vodka and codeine. Beginning in 2000, he sought DNA testing that he contended would prove his claims. In 2010, the U.S. Supreme Court stayed his execution less than an hour before he was scheduled to die and agreed to hear arguments in his case. Skinner asked for testing on a slew of crime scene evidence that was not analyzed at his original trial, including a rape kit, biological material from Busby’s fingernails, sweat and hair from a man’s jacket, a bloody towel and knives. Lawyers for Skinner and for the state finally signed an agreement in June 2012 that allowed the testing to begin. Since then, hundreds of test have been conducted. The first two rounds of testing were paid for by the state, and the upcoming third round of tests will be paid for by Skinner's supporters......... Skinner has argued that investigators should have looked at Busby's uncle, Robert Donnell, who has since died. Donnell had a history of violence, and witnesses reported that he was making advances toward Busby shortly before the murder. But testing has not been done on a man’s jacket found at the scene that matched the description of one that witnesses said Donnell often wore. That item has been lost. Owen has said the jacket is a critical piece of evidence that must be found. “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," Owen said in a previous statement."

The entire story can be found at:

http://www.texastribune.org/2013/04/02/lawyers-agree-more-dna-testing-skinner-case/

 PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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.  

Tuesday, April 2, 2013

Louis Taylor; Arizona; Arson "science" case' Momentous development; He has been released after more than 40 years behind bars. Prosecutorial misconduct also alledged to be a factor in the case; The Huffington Post.


STORY: "Louis Taylor, convicted of arson 40 years ago. released in new plea deal. by reporter Brian Skoloff, published by the Huffington Post on April 2, 2013.

GIST:   "A man who was locked up more than 40 years for a 1970 Arizona hotel fire that killed 29 people walked out of prison a free man Tuesday, hours after reaching a deal with prosecutors amid questions about his conviction. "It's a tale of two tragedies: the Pioneer Hotel fire and my conviction," Louis Taylor told reporters gathered outside the prison......... Taylor's appeals were exhausted after the U.S. Supreme Court denied him a new trial in 1983. The judge who presided over his trial, meanwhile, had publicly expressed skepticism about the conviction and stayed in touch with Taylor, sending him Christmas gifts and law books. Reports in 2002 by CBS' "60 Minutes" raised questions about whether the fire was, in fact, arson, and the Arizona Justice Project, which works on behalf of inmates believed to be wrongly convicted, said prosecutor's committed misconduct at Taylor's original trial when they neglected to inform his defense team that no accelerants had been found at the hotel. Tucson authorities at the time then began reviewing evidence while the Arizona Justice Project examined case files to determine whether he received a fair trial."

The entire post can be found at:
http://www.huffingtonpost.com/2013/04/02/louis-taylor-released-arson-prison_n_2997833.html

 PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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 MacDonald: 'Fatal Vision' case: His lawyer urges judge to vacate triple-murder conviction. Link to the actual document. Fay Observer;


The entire story can be found at:


http://www.fayobserver.com/articles/2013/04/01/1247518?sac=fo.hom
PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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.  

Monday, April 1, 2013

Bulletin: Louis Cuen Taylor: Arson "science" case. Release following conviction for 1970 deadly Arizona fire said to be imminent; Defence experts say they would not have ruled blaze arson. Exculpatory lab report allegedly withheld; The Associated Press. (Stay tuned! HL);


STORY: "Release for man convicted in '70 deadly (Arizona) fire," published by the Associated Press on March 31, 2013.

GIST: A man who has spent more than four decades in prison for a Tucson hotel fire that killed 29 people, including some who jumped from windows to escape the searing heat, is expected to be released Tuesday as part of a deal with prosecutors. Louis Cuen Taylor was convicted of murder as a teen but has maintained his innocence in the December 1970 fire at the Pioneer Hotel. The Tucson man, who turns 59 this week, is scheduled to plead no contest to murder in an agreement that sets aside his original conviction and gives him credit for time served, the Arizona Daily Star reported (http://bit.ly/10lCXOT ). The fire came during a Christmas party for employees of an aircraft company and left many guests trapped in their rooms. The building had no sprinkler system, exits were locked to prevent theft, and fire truck ladders were too short to reach the higher floors. Those factors led some people to jump from windows to their deaths. Others burned to death in their rooms. Most died of carbon-monoxide poisoning while waiting for rescue. In total, 29 lives were lost to the blaze, including one victim who died months later in a hospital. Taylor, then 16, was in the hotel that night watching the festivities. After the fire broke out, he and a hotel custodian tried to extinguish the blaze, then Taylor helped some of the trapped and injured guests escape. Hours later, he was taken into custody, interviewed by police without parental consent and charged with starting the fire. He was convicted in 1972 and sentenced to 28 concurrent life terms. Judge Charles L. Hardy, who presided over Taylor's 1972 trial, publicly expressed skepticism about the jury's decision to convict the Tucson teen. In one letter he sent Taylor in the early 1980s, the judge, who died in December 2010, said he was negotiating with Arizona lawmakers to have the sentence commuted, but the deal was predicated on Taylor admitting guilt, which he refused to do. In October, attorneys with the Arizona Justice Project, a volunteer legal group that attempts to evaluate cases on behalf of inmates who believe they were wrongfully convicted, asked a court to dismiss the case or hold an evidentiary hearing.......... The attorneys said several defense experts, using modern forensic fire science, would testify they would not have ruled the blaze arson. The defense team also alleged a prosecutor engaged in misconduct by not giving defense attorneys a laboratory report that said no accelerants were found and by talking to the judge without defense attorneys present. Michael Piccarreta, one of the Arizona Justice Project lawyers advocating on behalf of Taylor, said Taylor maintains his innocence but will plead no contest as a way of getting out of prison quickly. Piccarreta said Sunday that Taylor's lawyers believe he would have eventually prevailed, but thought the process could have taken another 18 months. An investigator with the Tucson Fire Department recently reviewed the available evidence in the case and was unable to determine what caused the blaze. However, prosecutor Rick Unklesbay said the original fire investigator for the prosecution still believes the blaze was purposely set, and the fire investigator who recently reviewed the case lacked access to a great deal of evidence. Much of the evidence in the case was destroyed in the 1990s or disappeared after civil attorneys took possession of it when they sued the hotel."

The entire story can be found at:
http://www.newson6.com/story/21839019/release-for-man-convicted-in-70-deadly-ariz-fire

PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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: Sonja Farak: Massachussets; Amherst Crime Lab Chemist has been Indicted on drug, tampering with evidence charges; ABC40;


STORY: "Amherst crime lab chemist indicted on drug, tampering with evidence charges," published by ABC40 on April 1, 2013.

GIST:"A chemist accused of stealing drug evidence from an Amherst lab has been indicted.
Monday, a Grand Jury handed up the indictment against 35-year-old Sonja Farak of Northampton on charges of four counts of theft of a controlled substance from an authorized dispensary, four counts of tampering with evidence, and two counts of a possession of a Class B substance (cocaine).
Farak worked at the state crime lab on the UMass campus in Amherst. That location is charged with storing and analyzing possible controlled substances for criminal cases by local and state police.........
In two of the cases, Farak allegedly mixed drug evidence with counterfeit drugs to hide the theft of the real drugs, and in two others, the drug samples were missing entirely, Coakley’s office says.
Farak has pleaded not guilty to the charges and has been released on $5,000 bail. Since her arrest, court documents show that over a dozen drug suspects were released after their drug chrages were dropped, and the Northwestern District Attorney is looking for a full audit of all the drug evidence in the lab."

The entire story can be found at:

http://www.wggb.com/2013/04/01/amherst-crime-lab-chemist-indicted-on-drug-tampering-with-evidence-charges/

 PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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.  


George Souliotes. Arson "science" case: Judge H. Lee Sarokin appropriately asks "Does the prosecution win if justice loses?" Huffington Post: Brilliant. Must read. HL.


POST: "Does the prosecution win if justice loses?" by retired Federal Judge  H. Lee Sarokin, published by the Huffington Post on March 14, 2013.

GIST: "Souliotes was convicted 16 years ago and is serving a life sentence without parole for killing his tenant and her two children during a fire that he allegedly set. I will not recite the long, tortuous history of this case, but suffice it to say that because of new scientific evidence, the California Attorney General has conceded that all of the indicators relied on by the prosecution's fire investigators to prove arson were faulty, and that there is in fact no scientific evidence whatsoever that the fire was arson. In short, the only evidence left to suggest guilt is the testimony of one witness who placed Souliotes at the scene. Two federal judges have ruled that her testimony was "not credible" and "simply unworthy of belief." The Court further concluded that Mr. Souliotes is actually innocent, that no reasonable juror could find guilt based on the current evidentiary record, and that Mr. Souliotes' trial counsel provided ineffective assistance of counsel by failing to present a defense at his second trial. Nonetheless, the California Attorney General continues to aggressively fight to keep Mr. Souliotes, who is 72 years old and in poor health, in prison. To cling to a conviction under these circumstances does not serve the public. A win here for the prosecution would be a loss for justice."

The entire post can be found at:

http://www.huffingtonpost.com/judge-h-lee-sarokin/does-the-prosecution-win_b_2862964.html?utm_hp_ref=crime

 PUBLISHER'S NOTE:

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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.