Ray Krone: Bite mark case featured in "The Republic's" extraordinary series of articles on prosecutorial misconduct in Arizona by reporter Michael Kiefer;

STORY: "Prosecutorial misconduct alleged in half of criminal cases," by reporter Michael Kiefer, published by the Republic on  000.

GIST: "In  1992, (Prosecutor) Levy helped send Krone to death row for a murder he did not commit. Krone’s conviction and death sentence were thrown out three years later because the court had allowed Levy to present a videotape about matching bite marks into evidence that the defense had not had time to review.  Krone was dubbed the “Snaggletooth Killer” because of his twisted front teeth, and Levy found experts who said that those teeth matched bites on the victim’s breast and neck. “The State’s discovery violation related to critical evidence in the case against the accused,” the Arizona Supreme Court ruled when it tossed the case. “Discovery” refers to evidence that the opposing attorneys are supposed to make available to the other side before trial. At retrial, Levy got another first-degree murder conviction for Krone, though at the second trial Krone was sentenced to life in prison, where he spent another seven years. In 2002, Krone was exonerated by a true DNA match; another man was convicted of the murder. “It never came out that one expert said it (the bite mark) wasn’t a match,” Krone told The Republic. There were footprints that didn’t match, DNA that was sketchy. And, as Krone said, other evidence was disregarded: an eyewitness account about a man seen near the crime scene who turned out to be the real killer, for example. Krone sued Maricopa County and the city of Phoenix for his conviction and settled for more than $4 million."

The entire story can be found at:

http://www.azcentral.com/news/arizona/articles/20131027milke-krone-prosecutors-conduct-day1.html

The remaining three parts of the Arizona Republic  series can be found at:

 http://www.azcentral.com/news/articles/20131029prosecutor-conduct-can-system-curb-abuses-day4.html

Grits For Breakfast on the Arizona Republic series: "In Arizona, "Since 1990, six different prosecutors who were named prosecutor of the year by the Arizona Prosecuting Attorneys Advisory Committee also were later found by appeals courts to have engaged in misconduct or inappropriate behavior during death-penalty trials," the Arizona Republic found in an extensive investigative series on prosecutor misconduct. The Arizona Supreme Court found prosecutor misconduct in more than one-fifth of all capital cases (18 out of 82) in the state since 2002, reported the paper, though the prosecutors involved were rarely sanctioned. Anyone interested in the subject should read the whole series: Excellent reporting on a difficult-to-research topic."

http://gritsforbreakfast.blogspot.ca/2013/10/excellent-reporting-on-az-prosecutor.html

PUBLISHER'S NOTE:

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

I look forward to hearing from readers at:

hlevy15@gmail.com


Sent from my iPad

Bulletin: Major development: Kendrick Johnson: Georgia; CNN obtains a scathing report in which the coroner involved in the case says he disapproved of the manner in which the case was handled - indicating that the scene was compromised and the body moved. Lowndes County Coroner Bill Watson also says that information necessary for his lawful investigation was withheld. CNN.

STORY: "CNN obtains new docs on Kendrick Johnson," by reporter Victor Blackwell,  published by CNN on November 8, 2013.

SUB-HEADINGS: "New: The scene was compromised, writes Lowndes County Coroner Bill Watson. New: He says there was no cooperation from law enforcement. Lawyers for family question whether surveillance images were tampered with. Both the school and the sheriff say they did not edit the images."

GIST:  In a scathing report recently obtained by CNN, the coroner in the case of a Georgia teen found dead inside a rolled-up gym mat blasted how the initial investigation was handled. Authorities say Kendrick Johnson fell into the mat and suffocated while trying to retrieve a sneaker. His family suspects the 17-year-old was murdered and that someone has tried to cover up evidence in the case. "I was not notifedi n (sic) this death until 15:45 hours. The investigative climate was very poor to worse when I arrived on the scene. The body had been noticably (sic) moved. The scene had been compromised and there was no cooperation from law enforcement at the scene. Furthermore the integrity of the evidence bag was compromised on January 13, 2013 by opening the sealed bag and exhibiting the dead body to his father," wrote Lowndes County Coroner Bill Watson in a report dated January 22. "I do not approve of the manner this case was handled. Not only was the scene compromised, the body was moved. The integrrety (sic) was breached by opening a sealed body bag, information necessary for my lawful investigation was withheld," he said. The coroner's death investigation report was obtained by CNN through an open records request directed at the coroner's office."

The entire story can be found at:

http://www.cnn.com/2013/11/07/justice/georgia-gym-mat-death/index.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_us+%28RSS%3A+U.S.%29

 PUBLISHER'S NOTE:

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

I look forward to hearing from readers at:

hlevy15@gmail.com

Bulletin: Major development; Ken Anderson: Texas; Michael Morton's ex-prosecutor accepts ten days in prison, disbarrment and 500 hours community service - in front of the innocent man he helped put in prison for 25 years. The Associated Press.

STORY: "Ex-Texas prosecutor who convicted innocent man of wife's 1986 murder agrees to 10 days in jail,"  by reporter Paul J. Weber, published by the Associated Press, on November 8, 2103.

GIST: "A former Texas prosecutor charged over a wrongful murder conviction agreed to a 10-day jail sentence Friday, accepting the punishment in front of the innocent man he helped put in prison for nearly 25 years. "Ken Anderson also will be disbarred and must serve 500 hours of community service as part of a sweeping deal that was expected to end all criminal and civil cases against the embattled ex-district attorney, who was the face of the law in a tough-on-crime Texas county for 30 years. Anderson, 61, never spoke in his return to the same Williamson County courthouse where he served as a state judge for 11 years before resigning in September. Sitting behind Anderson in the gallery was Michael Morton, who was released from prison in 2011 after DNA evidence showed he didn’t beat his wife to death in 1986. “It’s a good day,” said Morton, surrounded by family members......... Anderson must report to Williamson County jail by Dec. 2. Morton’s attorneys acknowledged that Anderson could serve as few as four days with good behavior and time already served. A Texas judge had ordered Anderson’s arrest in in April on the contempt and tampering charges. He faced up to 10 years in prison if found guilty on the tampering charges, but prosecutors said statues of limitations made it a difficult conviction to pursue. Anderson has previously apologized to Morton for what he called failures in the system but has said he believes there was no misconduct. Eric Nichols, Anderson’s attorney, made it a point to say in court Friday his client “has not been convicted, and will not be convicted, of any criminal offense.” Morton’s attorneys announced afterward there will be an audit of all cases previously handled by Anderson to look for other instances of alleged misconduct.........Morton said his only goal since being freed was to get Anderson off the bench and make sure he’ll never practice law again. Now that both have been accomplished, Morton said he didn’t know what’s next. “It’s kind of like winning the Super Bowl. The next day is like, ‘Now what?’ Morton said. “We’ll see.”

The entire story can be found at:

http://www.washingtonpost.com/national/ex-texas-prosecutor-who-convicted-innocent-man-of-wifes-1986-murder-agrees-to-10-days-in-jail/2013/11/08/b43540e8-48b5-11e3-95a9-3f15b5618ba8_story.html

PUBLISHER'S NOTE:

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

I look forward to hearing from readers at:

hlevy15@gmail.com

Bulletin: Leighton Hay: Supreme Court of Canada orders new trial on nightclub murder conviction a decade ago after considering fresh forensic (hair) evidence. The Canadian Press;

STORY: "Supreme Court orders new trial in Toronto nightclub murder," published by the Canadian Press on November 8, 2013. (Keep an eye on this site for updates. HL);

GIST: "After hearing fresh forensic evidence, the Supreme Court of Canada has ordered a new trial for a Toronto man convicted of murdering a respected community figure a decade ago. Leighton Hay was convicted of the first-degree murder of Colin Moore, 51. Moore was shot and killed in July 2002 at a Toronto nightclub where he was hosting a monthly fundraiser. Hay has served about 10 years of a life sentence. In an unusual move, the Supreme Court considered new forensic evidence — hair samples that Hay’s lawyers say prove his innocence."

The entire story can be found at:

http://www.thestar.com/news/queenspark/2013/11/08/supreme_court_orders_new_trial_in_toronto_nightclub_murder.html

See Supreme Court of Canada decision:  "The motion to adduce fresh evidence should be granted and a new trial should be ordered.  H’s fresh evidence consists of affidavits and cross‑examinations of two forensic experts, in which each expert provides an opinion as to the percentage of hairs in the newspaper and the razor that came from H’s scalp, as opposed to his face or trunk.  The experts agreed that the samples taken were predominantly facial hairs.  The Crown’s experts conducted a paper review and testified that there was no evidence to support the proposition that the hair clippings represented a head shave.  The overriding consideration upon a motion to adduce fresh evidence is “in the interests of justice” and this requires consideration of the principles enunciated in Palmer v. The Queen.  The Crown has conceded that the expert evidence H seeks to adduce is credible.  Mere lack of knowledge on the part of H’s trial counsel without any indication that he inquired into the possibility of obtaining and presenting the evidence is a factor against admitting the evidence for the first time on appeal.  However, in view of the fact that this is a criminal case, involving charges of the most serious nature, the evidence should not be excluded solely on the basis of a lack of diligence.  It cannot reasonably be disputed that H’s fresh evidence bears on a decisive issue.  The evidence of hair clippings was used to explain the discrepancy between the eyewitness description of the shooter and H’s actual appearance at the time of arrest.  This was also how the Crown explained L.M.’s inability to identify H based on his arrest photo.  The hair clippings were also adduced as evidence that H had attempted an after‑the‑fact change of his appearance.  The evidence was directly relevant to whether H was in fact the shooter in the blue/green shirt.  The fresh evidence that H seeks to admit could reasonably be expected to have affected the jury’s verdict.  The Crown relied heavily on the haircut evidence at trial.  The significance of the hair clippings was also reflected in the jury charge.  The Court of Appeal too recognized that the hair clipping evidence was significant to the Crown’s case and noted that the hair clippings allowed for a powerful inference of guilt.  Given the significance of the haircut to the Crown’s case, the fresh evidence could reasonably be expected to have affected the result.  For these reasons, H’s motion to adduce fresh evidence should be granted.  The appropriate remedy here is a new trial."

 http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/item/13328/index.do

 PUBLISHER'S NOTE:

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

I look forward to hearing from readers at:

hlevy15@gmail.com

Computer-generated evidence; New research showing that animations in court can cause jury errors is being discussed this week at UK conference.

STORY: "Animations in court cause jury errors,"  by Susie Watts, published by the Economic and Social Research Council on October 29, 2013.

GIST: "Using animated evidence in court can confuse and bias a jury, according to new research. Computer-generated evidence (CGE) is frequently used in courts as a technique with which to demonstrate complex sequences of events, or collate different pieces of evidence into a more coherent picture. Famously used in the trials of Amanda Knox and in presenting evidence against Oscar Pistorious, one of the advantages of CGE is that it allows a number of different viewpoints to be examined in a way which is often not possible with still images. However, research suggests that using CGE may confuse and bias juries, leading to dangerous errors in judgement. The research by Professor Gareth Norris, a professor of criminology in the Department of Law and Criminology at Aberystwyth University, will be presented at an event as part of the Economic and Social Research Council’s (ESRC) annual Festival of Social Science........."Using animation in court can be useful, but it can also be extremely dangerous. While it may be quite useful for criminal justice officials to look at, when it is being used by lay people who aren't used to looking at it you have to be extremely careful. Simply manipulating angles or even colours of vehicles change people's perceptions of events." Professor Norris adds: "Psychology has much to offer the legal system in terms of establishing a range of advice about where and why potential problems might arise. Just as it seems incredible that we would have once put a child witness in a courtroom or introduced relatively unqualified 'experts' to offer advice, so it may also be that we allowed sophisticated techniques of persuasion without any real safeguards or guidelines." This research is being showcased at an event entitled 'Criminology, criminal justice and young people' on 5 November as part of the annual Festival of Social Science, run by the ESRC and taking place between 2-9 November 2013. "

The entire release can be found at:

http://www.politics.co.uk/opinion-formers/economic-social-research-council-esrc/article/esrc-animations-in-court-cause-jury-errors

 
PUBLISHER'S NOTE:

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

I look forward to hearing from readers at:

hlevy15@gmail.com

Sent from my iPad

Ken Anderson: Texas; (Michael Morton's former prosecutor); He returns to court Friday afternoon - November 8, 2013 - on allegations that he hid favourable evidence to secure Morton's 1987 conviction for a murder he did not commit. American-Statesman;

STORY: "Anderson returns to court in Morton case," by reporter Chuck Lindell, published by the American-Statesman on November 7, 2013.

GIST: "Former Williamson County prosecutor Ken Anderson faces jail time and the loss of his law license when he appears in court Friday afternoon to resolve criminal charges and a civil lawsuit arising from his late-1980s prosecution of Michael Morton. The Georgetown hearing is a rare combination of three separate but related legal issues based on allegations that Anderson hid favorable evidence to secure Morton’s 1987 conviction for a murder he did not commit."

The entire story (portion available to non-subscribers!)  can be found at:

http://www.statesman.com/news/news/local/anderson-returns-to-court-in-morton-case/nbktG/

See KENS5 story: "EX-D.A. who prosecuted innocent man back in court."... "While previously serving as Williamson County district attorney, Anderson helped convict Michael Morton, who was wrongfully imprisoned for nearly 25 years for his wife's 1986 slaying. DNA evidence exonerated Morton in 2011. In April, a special court of inquiry determined that Anderson intentionally concealed evidence favorable to Morton's defense. Anderson faces charges of criminal contempt of court and evidence and records tampering. He also faces possible disbarment by the State Bar of Texas."

 http://www.kens5.com/news/texas-news/231102791.html

 PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

I look forward to hearing from readers at:

hlevy15@gmail.com 

Kendrick Johnson: Georgia; New surveillance video released Wednesday in response to parent's legal pressures; Family's lawyer says the new footage "seems to tell us that the truth has not come out yet - almost as if something was done with this one video to help conceal the truth."

STORY: "New video in gym mat death released," published by CNN on November, 7, 2013.

GIST: "New surveillance video released Wednesday in the case of a Georgia teen found dead inside a rolled-up gym mat raises more questions than it answers. There were 36 cameras inside and outside the gym of Lowndes High School in Valdosta, where the body of Kendrick Johnson was discovered. The video was released as a result of legal action, filed by his family, that CNN joined. Johnson's family suspects the 17-year-old was murdered and that someone has tried to cover up evidence in the case. One clip shows Johnson in the gym. A second shows him walking in, then running out of the frame. In both videos, students suddenly appear. There were 36 cameras inside and outside the gym of Lowndes High School in Valdosta, where the body of Kendrick Johnson was discovered. The video was released as a result of legal action, filed by his family, that CNN joined. Johnson's family suspects the 17-year-old was murdered and that someone has tried to cover up evidence in the case. One clip shows Johnson in the gym. A second shows him walking in, then running out of the frame. In both videos, students suddenly appear.  An attorney for Lowndes County Sheriff Chris Prine said the video was not altered or edited by anyone within the sheriff's office. An attorney for the school likewise said that what was provided to the sheriff's office was the raw feed, with no edits. A third clip, which shows students playing in the gym and the mats where Johnson's body was found, is blurry. "There are so many questions yet unanswered. As we've said before, this is a real-life murder mystery and there just seems to be more and more adding to the mystery," Benjamin Crump, a family attorney, told CNN's "Anderson Cooper 360." "His parents have always said, all they want to know is the truth. And this video tape seems to tell us that the truth has not come out yet -- almost as if something was done with this one video to help conceal the truth. But we're going to keep pressing to get the truth to this murder mystery," he added.""

The entire story can be found at:

http://www.cnn.com/2013/11/06/us/georgia-gym-mat-death/

PUBLISHER'S NOTE:

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

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

I look forward to hearing from readers at:

hlevy15@gmail.com