Bulletin; David Eastman Inquiry; Australia; His prosecutor at trial now admits that he should have disclosed to Eastman's lawyer information that could have been used to attack the reliablity of the prosecution's key forensic witness - gunshot residue expert Robert Barnes - whose evidence was critical in linking Eastman to the murder. Reporter Christopher Knaus; The Canberra Times.

STORY: "Eastman trial prosecutor  admits in court information should have been passed to defence team, by reporter Christopher Knaus, published by the Camberra Times, on March 4, 2014.

GIST: "The prosecutor who led the trial against David Harold Eastman has admitted information raising questions of a crucial forensic expert should have been handed to the accused killer's defence team. Michael Frederick Adams, now a NSW Supreme Court judge, is giving evidence this week at the Eastman inquiry, which was ordered after fresh doubt was raised about the former public servant's conviction for the shooting murder of federal police Assistant Commissioner Colin Stanley Winchester in 1989. Justice Adams was the senior prosecution counsel at the long, complex trial in 1995......... Counsel assisting the Eastman inquiry, Liesl Chapman, SC, quizzed the judge on Tuesday about the prosecution's duty to disclose certain information to Eastman's counsel.  That included information that could have been used by Eastman's defence to attack the reliability of the key forensic witness in the trial, Robert Barnes, whose evidence was critical in linking Eastman to the murder. Mr Barnes' analysis of gunshot residue was reviewed by a number of overseas forensic experts including the Israeli-based Dr Shmuel Zitrin, who did not agree with his conclusions. Eastman's defence was given access to the overseas experts themselves and their reports. However, fresh information, obtained under subpoena, suggest the prosecution failed to disclose other, potentially important information on Dr Zitrin's views about Mr Barnes' work. Mr Barnes had written a report to address the concerns of his overseas counterparts, which, far from placating Dr Zitrin, raised further concerns about the accuracy of the forensic work. It was those further concerns that were not passed onto Eastman's defence, potentially denying them an avenue of attack on Mr Barnes' reliability......... Justice Adams was questioned over records indicating that prosecutors held a range of information raising issue with Mr Barnes' work - from suggestions of technical errors, potential deficiencies, the limited nature of reviews of his analysis, and the report Mr Barnes wrote in response to the overseas experts' reviews. Acting Justice Martin asked Justice Adams whether he now thought that such information should have been disclosed to Eastman's defence. ''I do now,'' Justice Adams said."

The entire story can be found at:

http://www.canberratimes.com.au/act-news/eastman-trial-prosecutor-admits-in-court-information-should-have-been-passed-to-defence-team-20140304-341wo.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.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog.

Dashawn Revels: Connecticut; His case is prompting the state supreme court to rethink its approach to eyewitness identifications. Story points out that "flaws" in the current test used to determine whether to allow eyewitness identifications as evidence have been revealed by scientific research. Associated Press;

STORY:  "New London case prompts state court to rethink witness ID test,"  by reporter Dave Collins, published by Associated Press on February 9, 2014;

GIST:" Before Dashawn Revels was convicted of murder and sentenced to 55 years in prison in 2011, a Connecticut judge allowed the jury to hear testimony from a witness for the prosecution who saw the shooting at night from 265 feet away in her fifth-floor apartment. The witness, Fidelia Carrillo, didn't see the shooter's face but identified Revels as the killer later the same night, when New London police drove her by Revels and shined the cruiser spotlight on him as officers detained him. She said he was wearing the same clothes as the killer. Two years later in a courtroom, Carrillo misidentified an intern from the public defender's office as the shooter as he sat next to Revels during a hearing on whether to allow Carrillo's identification as evidence. The state Supreme Court is now mulling whether Revels' murder conviction should be overturned. But the justices are taking the case a step further by considering whether Connecticut should join other states and abandon a balancing test created by the U.S. Supreme Court in 1977 and used by judges nationwide to determine whether to allow eyewitness identifications as evidence. Flaws in the test have been revealed by scientific research over the past three decades that shows how unreliable eyewitness identifications can be, and the result is judges are using a bad method to decide when to admit identifications into evidence, defense lawyers and psychologists say. "There's growing indication that eyewitness identifications can be problematic," Connecticut Supreme Court Justice Richard Palmer said in December when the court heard Revels' appeal, which is one of three cases in which the court is considering witness identification issues."

The entire story can be found at:

 http://www.boston.com/news/local/connecticut/2014/02/09/conn-latest-state-consider-witness-rules/7opGLGVtwybgiQzXmXjfBP/singlepage.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.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog.

Shaken baby syndrome: Phil Locke, of the Wrongful Convictions Blog, on the "SBS wars" in which science has been "a neglected casualty."

POST: "Yet more questions about shaken baby syndrome (SBS)," by Phil Locke, published by the Wrongful Convictions Blog on February 22, 2014.

GIST: "Much has been written in recent years about the doubts that have arisen over the veracity of traditional “shaken baby syndrome” (SBS) theory.  And not only has that drumbeat continued, but it has also intensified. The media has been awakening to the injustices visited upon too many innocent infant caregivers by a justice system and a pediatric medical establishment that has brainwashed itself. ........A big part of the problem in the “SBS wars” is that at least one side doesn’t “listen,” and true, objective science has been a neglected casualty – at least from the standpoint of the positions of many major players.  Both sides point the finger at the other, but my (editorial) view is that the entrenched SBS/triad advocates are desperately trying to “save face” by preserving 40 years of tragically incorrect dogma."

The entire post can be found at:

http://wrongfuuselconvictionsblog.org/2014/02/22/yet-more-questions-about-shaken-baby-syndrome-sbs/

 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.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog. 

"Bitemarks and wrongful executions: Law prof considers the connection," by Dr. Michael Bowers; A Must Read from an articulate critic of bitemark evidence. (A breath of fresh air. HL);

POST: "Bitemarks and wrongful executions: Law prof considers the connection," by Dr. Michael Bowers, published by his blog "CSI DDS) on February 9, 2014;  (Dr. Michael Bowers is a practicing dentist in Ventura, CA and a long time forensic consultant in the US and international court systems. He is a medical legal consultant with the Innocence Project and is soon to publish his newest book, "Forensic Testimony, Science, Law and Expert Evidence" with Elsevier/Academic Press."

GIST: I have been involved in multiple cases where bite mark identification was admitted by prosecutors  as “scientific” evidence to convict. Many have been at the trial court level where I have opposed the “elite” members within the forensic bitemark association connection,  AAFS/ABFO. I have been of some aid in exoneration litigation resulting in the the release of eight innocent men. Until recently, I had also been a “Diplomate” (certainly an impressive title)  of the ABFO, (22 years; I actually had a 4 or 5 year tenure on their Exam and Certification committee and a couple terms on their board of directors)) and as such,  I was opposing dentists within my own (small) organization which still “certifies” its applicants as a peer-reviewed forensic dental examiners. It was dicey to say the least for some of my collegial brethren. Within all these years, I have never opposed any report or testimony involving human identification via autopsy exams and dental records (i.e., dental identification). I oppose bitemark evidence used in courts. Something that I still do.""

The entire post can be found at:

http://csidds.com/2014/02/09/bitemarks-and-wrongful-executions-law-prof-considers-the-connection/

 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.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Woody Allen: The Wrongful Conviction Blog's Mark Godsey sends a message to the virtual lynch mob targetting Woody Allen: "Things are not always what they seem, and a careful analysis of the facts calls for more restraint. (Must, Must Read. HL);

POST: "Woody Allen and the virtual lynch mob,"  by Mark Godsey, published by the Wrongful Convictions Blog on February 13, 2014;

GIST: "Two weeks ago, after An Open Letter From Dylan Farrow hit the press, a virtual village of millions lit their torches, grabbed their pitchforks, and carried a tarred-and-feathered film legend Woody Allen through cyberspace to the nearest tree for a public hanging. As is often the case with notorious lynch mobs, however, things are not always what they seem, and a careful examination of the facts calls for more restraint. Such is the case, I believe, with the lynch mob that would condemn Woody Allen.........Many of the Woody Allen critics have asked the question, “Why would Dylan lie after all these years? She has nothing to gain at this point.” This type of question completely misses the point."

The entire post can be found at:

http://wrongfulconvictionsblog.org/2014/02/13/woody-allen-and-the-virtual-lynch-mob/

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.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog.

Christopher Edwards: Omaha; Sentenced to 100 years to life in prison for murder, he is appealing the conviction on 2 grounds: First, that disgraced Douglas County CSI chief David Kofoed — subsequently convicted of evidence-tampering — planted evidence that led to the conviction; Second, that Edwards lawyer knew Kofoed was "dirty" and should have acted accordingly; Omaha World-Herald;

STORY: "Convicted killer Christopher Edwards wants conviction overturned," by reporter Todd Cooper, published by the  Omaha World-Herald on March 13, 2014;

GIST: "Eight years after Jessica O'Grady vanished — and seven years after Christopher Edwards was convicted of killing her with a sword — almost everyone connected with the case appeared in court Thursday. Edwards, 27, is seeking to have his conviction and sentence of 100 years to life in prison overturned on two grounds: » That disgraced Douglas County CSI chief David Kofoed — subsequently convicted of evidence-tampering in the investigation of the slayings of Wayne and Sharmon Stock — planted evidence that led to Edwards' conviction in the O'Grady case. » That Edwards' trial attorney, Steve Lefler, knew or should have known that Kofoed was “dirty'' and that he should have withdrawn from representing Edwards.".........(Defence attorney) Soucie questioned how blood had gotten in the car trunk, on the pruning shears and on the tip of the sword. Initial reviews of those items turned up nothing. He also scrutinized Kofoed's assertion that he had identified a dark spot on a rubber gasket of the trunk. “I said, 'Let's test it to see,' ” Kofoed testified. “It could be oil.” Soucie noted that Kofoed made no such notation in his reports of initially identifying a spot, which turned out to be blood."

The entire story can be found at:
 

http://www.omaha.com/article/20140313/NEWS/140319344

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.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;

Susan Neill Fraser; Australia; Setback; Her supporter's have vowed to fight on - in spite of a coroner's decision that there is no need for a full inquest into the death of her partner Robert Chappell; The Mercury.

STORY: Supporters of Susan Neill Fraser vow to fight on against her murder conviction," by Michelle Payne, published by the Mercury on January 25, 2014;

PHOTO CAPTION: "Susan Neill Fraser on Four Winds in Sydney Harbour in 2008. Her supporters say the coroner's report has done nothing to alter their campaign."

PHOTO CAPTION:  Robert Chappell sailing his yacht Four Winds in January 2009. Susan Neill-Fraser is serving 23 years in Risdon Prison after being convicted of his murder.

GIST: Supporters of Susan Neill-Fraser have vowed to fight on against her murder conviction despite a coroner finding there was no need for a full inquest into the death of her partner, Robert Chappell........."I adopt the findings in the criminal proceedings that Mr Chappell was killed following an attack by Ms Neill-Fraser when they were on board the vessel Four Winds when it was anchored at Battery Point in Hobart and that he must have been either dead or deeply unconscious when his body was placed into the sea at or near that place," Mr Hay said in his report, released yesterday. "The cause of his death by asphyxia due to drowning cannot be ruled out." He said he was satisfied Fraser-Neill acted alone and that some of the public interest had been based upon "mere speculation".

The entire story can be found at:

http://www.themercury.com.au/news/tasmania/supporters-of-susan-neill-fraser-vow-to-fight-on-against-her-murder-conviction/story-fnj4f7k1-1226810097884

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.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.