Monday, April 7, 2014

Iwao Hakamada: The New York Times examines "soul-searching" as an innocent man (at least the shell of a man. HL) is released after four decades on death row. Reporter Hiriko Tabuchi. (Must Read. HL).


PUBLISHER'S VIEW: (Editorial); The tragically sad saga of Iwao Hakamada has lessons which extend far beyond Japan's border's. First,  the importance of preserving evidence carefully so that it is available  for forensic testing following the conviction - and the importance of mandating the preservation of this evidence  for possible post-conviction use through legislation; Second: (I can't believe this has to be said!) The importance of prosecutor's facilitating  DNA and other kinds of  testing instead of opposing it under the ludicrous argument that "finality" trumps the need to eliminate the possibility that a miscarriage of justice has occured. (This too should be mandated by statute, instead of leaving the applicant to the mercy of the  prosecutors and the courts.) Mr. Hakamada had the extraordinary good fortune that  a pair of bloodstained pants found in a tank of miso paste and other clothing  which later could be tested for DNA was somehow preserved and found; He had the good fortune not to have been taken to  the execution chamber at any time, without any prior notice, except, of course, on weekends. He was lucky enough to have wonderful, steadfast supporters who never wavered, lawyers who fought relentlessly for his exoneration - even after decades - and at least, some judges cared more about justice than about the reputation of Japan's justice system.  Still, it could easily have gone the other way, and he could long be departed from this earth, These things must never be left to chance.

Harold Levy: Publisher; The Charles Smith Blog.

STORY: "Soul-searching as Japan ends a man's decades on death row," by reporter Hiroko Tabuchi, published by the New York Times on March 27, 2014.

GIST: "Iwao Hakamada was a wiry former boxer in his 30s when he was thrown in jail for the killing of a family of four that shocked 1960s Japan. On Thursday, he limped from his cell on death row, a bewildered-looking 78-year-old who, his family fears, may have lost his mind in prison. It took the courts nearly half a century to conclude that the evidence against him may have been fabricated by police investigators, and to order the retrial he sought..........Mr. Hakamada’s odyssey in the court system began after he retired as a featherweight boxer and went to work at a miso maker in Shizuoka, in central Japan. Several years after he was hired, in 1966, the charred bodies of a manager at the company, his wife and two children were found in what appeared to be a murder and a fire at their house; the house had also been burglarized. More than a month later, the police arrested Mr. Hakamada. Problems soon arose with the evidence. A pair of bloodstained pants found in a tank of miso paste that prosecutors said belonged to Mr. Hakamada were too small, which his defense team proved when he tried them on in court. But the force of the confession allowed him to be convicted. The break in the case came recently when the defense team won its argument that DNA testing should be done on the pants and other clothing that was presented as evidence. The testing showed that the blood did not match Mr. Hakamada’s."

The entire story can be found at:

http://www.nytimes.com/2014/03/28/world/asia/freed-after-decades-on-death-row-man-indicts-justice-in-japan.html?_r=0

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

Sunday, April 6, 2014

Gerald Barton: Nova Scotia: Wrongly convicted of rape forty years ago; Complainant told police in 2008 she had actually been assaulted by her brother. His (Barton's) lawyer says crucial documents have been destroyed. Trial set of April 7, 2014. CBC News.


STORY: "Gerry Gaston Barton, wrongly convicted of rape, set to sue.

SUB-HEADING: "Complainant told police in 2008 that she had actually been assaulted by her brother," by reporter Blair Rhodes, published by CBC News on March 28, 2014.

GIST: "A court date has been set in the case of Gerry Gaston Barton, a Nova Scotia man who is suing the provincial government and the RCMP over his wrongful conviction for the rape of a 14-year-old girl more than four decades ago. Five days have been set aside to hear Barton's civil case, which is due to proceed in the Supreme Court of Nova Scotia on April 7.........Gerry Gaston Barton is suing the attorney general of Nova Scotia and the RCMP after he was wrongly convicted of rape more than four decades ago. (CBC) The truth about Barton — now 64 years old and living in Morinville, Alta. — started to come out in 2008 when the RCMP reopened the case. According to court documents, that criminal investigation revealed Barton's accuser had repeatedly been sexually assaulted by her brother, starting when she was just nine years old. The woman told police that her brother was the father of her child — and she had accused Barton because her father was not willing to accept that her brother had sexually assaulted her and caused her pregnancy. "The RCMP obtained DNA samples from all involved and testing overwhelmingly eliminated Mr. Barton as the father of the child born to the complainant," reads one court decision. "These tests also overwhelmingly indicated that the complainant's brother was the father of the child."........Barton appealed his conviction and it was quashed in 2011, with the Nova Scotia Court of Appeal ruling that a miscarriage of justice had occurred.........The Crown prosecutor at the time — now a retired Supreme Court Justice — and the original RCMP investigator are both scheduled to testify in court. "Here's the delicious — and to my mind despicable — irony," Dunlop said. "The province and the RCMP have said to Gerry, 'You can't win your case because all the documents are gone. The documents we destroyed.'" Few official records remain from Barton's 1970 conviction."

The entire story can be  found at:

http://www.cbc.ca/news/canada/nova-scotia/gerry-gaston-barton-wrongly-convicted-of-rape-set-to-sue-1.2589326?cmp=rss
 




















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;

Saturday, April 5, 2014

Bulletin: Barton McNeil: DNA hearing on DNA test request in 1998 murder case set for June 24, 2014 The Pantagraph.


STORY: "Hearing set on DNA test request in 1998 murder case," published by the Pantagraph on April 4, 2014.

GIST: " Lawyers for a Bloomington man will be in McLean County Circuit Court June 24 to argue for DNA testing on evidence collected in the 1998 death of his daughter. Barton McNeil, now 54, is serving life in prison for smothering 3-year-old Christina McNeil, a murder he contends was committed by his former girlfriend Misook Nowlin, herself a convicted killer. McNeil was in court Friday for a brief hearing to set a date for arguments on his request for testing on nine items from the crime scene, including the girl's clothing, bedding and a latent fingerprint from a windowsill. The fingerprint "could provide critical evidence that the victim's murderer entered the bedroom from the outside," according to the defense motion. The state has agreed to testing of five blood and urine stains on a bed sheet that were not previously tested. McNeil, convicted in 1999, has consistently asserted Nowlin killed the child in retaliation for his decision to end their relationship. The defense argues numerous similarities exist between Christina's death and the 2011 strangulation death of Nowlin's mother-in-law, Linda Tyda. Nowlin was convicted of killing her in 2012."

The entire story can be found at:

http://www.pantagraph.com/news/local/crime-and-courts/hearing-set-on-dna-test-request-in-murder-case/article_3b81db25-67da-56c3-91ef-2b264f174820.html

See his support site: "We hope that for city of Bloomington, Illinois, where this story takes place, a city that experiences on average just one murder per year, that Barton's 1998 case be re-opened.  As a result of missteps made by city employees from this time period who are no longer there, another life was lost.  One murder, became three that now includes wrongfully convicted father Barton McNeil, now serving a 100 year “death by prison” sentence in a Maximum Security Prison for a crime he did not commit."

 http://freebart.org/

See Barton McNeil's Innocence Project page: "As Bart worked to prove his innocence through appeals, Misook Nowlin was making news. In September 2011, Mistook Nowlin made headlines for the murder of her mother-in-law, Wenlan Tyda. Tyda’s murder occurred shortly after Misook’s new husband asked for a divorce, under eerily similar circumstances. In December of 2012, Misook Nowlin was convicted of strangling Tyda with her purse strap and sentenced to 55 years in prison. The realization that Misook is in fact capable of murder under extremely similar circumstances, coupled with the incomplete forensic evidence presented at Bart’s original trial, has prompted the Illinois Innocence Project to review Bart’s case and assist him in his pursuit of proving his innocence.  The Project seeks to have the above items of evidence tested via the latest DNA technology, including “Touch DNA” procedures."

 http://www.uis.edu/innocenceproject/cases/current/mcneil/

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;

Bulletin: Chad Enderle: Iowa; Murder appeal dismissed on basis that 2009 National Research Council report identifying fingerprint analysis as an area of forensic science in need of improvement was not "newly-discovered evidence." QC Times.


POST: "Man sentenced to life for Killing Davenport man loses appeal,: by reporter Brian Wellner, published by Quad-City Times on March 12, 2014.


Scott County Attorney Mike Walton said Wednesday that he was pleased with the Iowa Court of Appeals ruling."
The entire story can be found at:

http://qctimes.com/news/local/crime-and-courts/man-sentenced-to-life-for-killing-davenport-man-in-loses/article_c7efb888-318b-598d-808f-91fa28d47261.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;

Friday, April 4, 2014

Jasmine Eskew: Found not guilty of deliberate homicide in daughter's death; Convicted of assault on a minor; Her lawyer's had argued that her confession that she had violently shaken the infant was falsely elcited by leading questions posed by police detectives at a time when she was under immense emotional strain; The Tribune;


STORY: "Jasmine Eskew found not guilty in daughter's death; convicted of assault on a minor," by reporter Eric Dietrich, published by the Tribune on April 4, 2014.

PHOTO CAPTION: "Jasmine Eskew hugs her mother Patti Eskew after being acquitted of deliberate homicide and found guilty of assault on a minor for the 2012 death of her 6-month-old daughter.

GIST: "Eskew’s daughter Brooklynn was rushed to the Benefis emergency room Sept. 18, 2012, after Eskew called 911 to report that the child was having trouble breathing. The infant was pronounced brain dead two days later at Sacred Heart Hospital in Spokane, where she was airlifted for treatment. In an emotional interview in the hours following her daughter’s hospitalization, Eskew, then 21, told detectives that she had been alone with Brooklynn in the home she shared with her parents and had violently shaken the infant. She was arrested at the interview’s conclusion. State public defenders representing Eskew did not contest that the infant died as a result of abuse but sought to persuade the jury it was possible Brooklynn’s injuries could have been inflicted by Greg Robey, Eskew’s boyfriend of two weeks. Her confession, Eskew’s lawyers argued, was falsely elicited by leading questions posed by police detectives at a time when she was under immense emotional strain. Her client is often perceived to be socially impaired by people who know her, said Jennifer Streano, Eskew’s lead attorney. While intelligent, Eskew is naive and easily manipulated, she said. False confessions do happen, Streano told the jury. “Innocent people will say they do things they didn’t do.” Public defenders also held that medical evidence about the cause of Brooklynn’s fatal injuries failed to match the details provided in Eskew’s statement to police. A medical examiner concluded that the infant died as a result of blunt force trauma. “Nothing indicates that she was shaken,” Streano argued in her closing statement. “What Brooklynn had was a massive skull fracture.” The prosecution’s explanation of the incident, Streano said, failed to account for a blow to the head.

The entire story can be found at:

http://www.greatfallstribune.com/article/20140401/NEWS01/304010021/Jury-finds-Eskew-not-guilty-death-infant-daughter?nclick_check=1

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; Mark Godsey of the Wrongful Convictions Blog takes on physicians who act as medical cops and cause horrific harm to innocent parents and caregivers who get thrown into prison or separated from their children for a child abuse “crime” they did not commit, and that did not ever happen. (Must Read. HL);


POST: "The child abuse pediatrician (CAP) - just another term for medical "cop," by Mark Godsey, published by the Wrongful Convictions Blog on March 20, 2014.

GIST: "Don’t get me wrong.  Child abuse is a horrific thing, but equally, if not more, horrific is when when innocent parents and care givers get thrown into prison or separated from their children for a child abuse “crime” they did not commit, and that did not ever happen.  This is a tragedy that occurs all too often when a medical diagnosis is made that does not recognize the new scientific understandings regarding symptoms that have traditionally (and wrongly) been attributed solely to abuse.And here’s the scary part – the CAP’s, who are basically a medical cop, as part of their training, have been indoctrinated with the American Academy of Pediatrics medical dogma concerning causation of certain symptoms (the triad and long bone fractures) that they insist are pathognomonic (exclusively indicating) of abuse.  This is what the SBS Wars is all about........ I would contend the very existence of the child abuse pediatrician specialty becomes something of a self-fulfilling prophecy.  ”I’m here to diagnose child abuse, so that’s what I’m going to do.” This would be my advice.  If you find yourself in the situation of taking your child to the emergency room, and you find yourself talking with a child abuse pediatrician (and they probably won’t tell you they are one), consider that you are under suspicion, and you are talking to the police.  How you choose to deal with that I must leave to you."

The entire post can be found at:

http://wrongfulconvictionsblog.org/2014/03/20/the-child-abuse-pediatrician-cap-just-another-term-for-medical-cop/

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;

Thursday, April 3, 2014

Bulletin: Cameron Todd Willingham: Texas Board of Pardons and Paroles has voted against a posthumous full pardon; Innocence Project Co-Director Barry Scheck says it's unfortuantely "typical" of this board: "They don't demonstrate that they've actually considered the substantial evidence that we put before them." The Texas Tribune;


PUBLISHER'S VIEW: Denial of  a posthumous full pardon for Cameron Todd Willingham  - in the face of such compelling evidence that an innocent man was executed - is a new low for the Texas Board of Pardons and Paroles. Innocence Project Co-Founder  Barry Scheck says the Board  does not demonstrate that it has actually considered the real  evidence the Project has put before them. Or is it possible that the Board intends to stonewall as much as possible in a bid to cover up in its own role in the persecution and deprivation of life of an innocent man?  If that's the case, they should reconsider; The execution of Cameron Todd Willingham  is a blot on the State's criminal justice system and will never fade away.  Far better to face it, issue the pardon, and then move on. One cannot be faulted - even in these circumstances - for doing the right thing. That applies to Texas Governor  Rick Perry as well. He has the power to order the Board to study the Willingham case head on with a view to granting the pardon Cameron Todd Willingham's family has been seeking so relentlessly. Sadly,  Perry appears to have the power, but not the political will.

Harold Levy; Publisher; The Charles Smith Blog;

STORY: "Willingham won't get posthumous pardon," by reporters Brandi Grissom, Edgar Walters and Terri Langford,  published by the Texas Tribune on April 3, 2014.

GIST: "The Texas Board of Pardons and Paroles has voted not to recommend a posthumous full pardon for Cameron Todd Willingham, who was executed a decade ago after being convicted of setting a house fire that killed his three young daughters. “This whole process is, unfortunately, typical of this board, where they don’t demonstrate that they’ve actually considered the substantial evidence that we’ve put before them,” said Barry Scheck, co-founder of the Innocence Project, which has led the charge to clear Willingham's name in the case. Attorneys working on behalf of Cameron Todd Willingham, who was executed 10 years ago after he was convicted of setting a house fire that killed his three young daughters, say they have new evidence that suggests he was innocent. Lawyers from the New York-based Innocence Project say a newly discovered note in the files of John Jackson, the prosecutor who oversaw his conviction, suggests that Jackson made a deal with a jailhouse informant, Johnny Webb, who testified against Willingham. At Jackson's prompting, Webb told jurors during the trial that he received nothing in exchange for his testimony implicating the Willingham in the case."

The entire story can be found at:

http://www.texastribune.org/2014/04/03/citing-new-evidence-innocence-project-calls-pardon/

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;