Thursday, May 1, 2014

Jennifer Del Prete: In a noteworthy commentary, Professor Deborah Tuerkheimer calls the case "a critical turning point" and observes that "Finally, a judge calls shaken baby diagnosis an "article of faith" and frees Jennifer Del Prete, who was sentenced for murder 10 years ago." (Must, Must Read. HL);


POST: "Finally, a judge calls shaken baby diagnosis an "article of faith" and frees Jennifer Del Prete, who was sentenced for murder 10 years ago," by Deborah Tuerkheimer, published by Slate on May 1, 2014.  (Deborah Tuerkheimer, a professor of law at DePaul University, is a former assistant district attorney in Manhattan who has written widely on rape and domestic violence. Her new book is Flawed Convictions: “Shaken Baby Syndrome” and the Inertia of Injustice.)

PHOTO CAPTION: "Doctors once believed that bleeding beneath the outer layer of membranes surrounding the brain, bleeding in the retina, and brain swelling always meant that a baby had been shaken."

GIST: "Almost a decade into a 20-year prison sentence for murdering a baby in her care, 43-year-old Jennifer Del Prete was ordered freed on bond late last week. The ruling is one of a growing number that reflect skepticism on the part of judges, juries, and even prosecutors about criminal convictions based on the medical diagnosis of shaken baby syndrome. The case is also a critical turning point. The certainty that once surrounded shaken baby syndrome, or SBS, has been dissolving for years. The justice system is beginning to acknowledge this shift but should go further to re-examine and perhaps overturn more past convictions.........Now for the first time, a federal judge has condemned the standard SBS diagnosis itself. In a 97-page opinion, U.S. District Judge Matthew Kennelly held in January that Del Prete had established her “actual innocence,” paving the way for a full exoneration. Considering the testimony of doctors on both sides at an eight-day hearing, there was “abundant doubt, not merely reasonable doubt, regarding Del Prete’s guilt.” One reason for this doubt was that the baby’s subdural bleeding began well before she was left in Del Prete’s care. But another, hugely important, rationale for the ruling was that the SBS diagnosis had become, Kennelly wrote, “highly suspect.” Given what we now know, the judge continued, a diagnosis of SBS is arguably “more an article of faith than a proposition of science.” The prospect that Del Prete was wrongly incarcerated, while her children grew into adulthood, is profoundly troubling. But her case highlights problems that transcend her own tragedy—gross dysfunction in our criminal justice system. While Del Prete’s conviction is evidently unraveling, others just like it remain untouched. That can’t be right. Perhaps hundreds of inmates—people like Beverly Moore and Alma Calderaro—sit in prison because the mere presence of the triad of SBS symptoms was once assumed to prove their guilt. We have no mechanism in place for revisiting a category of flawed convictions. Our criminal justice system is too primed to stay the course."

The entire post can be found at: 
 
http://www.slate.com/articles/news_and_politics/jurisprudence/2014/05/shaken_baby_syndrome_in_the_courts_a_judge_finally_calls_the_diagnosis_an.html?wpisrc=burger_bar
  
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;

Cameron Todd Willingham: Joe Gamso has a message for anyone who thinks that they will soon be granting a posthumous pardon to Cameron Todd Willingham; (Must, Must read, from a brilliant, tough, principled blogger. HL);


POST: "If you broke it, you should pay for it," by Joe Gamso, published on his superlative blog " Gamso for the defence: Commentary by an Ohio criminal defence lawyer,"  on April 5, 2014.

GIST: "Dog-bites-man news from the Times:  They won't be pardoning Cameron Todd Willingham anytime soon.*  What?  You thought they would?  You thought that Texas would admit that his conviction, death sentence, and execution for a crime that did not occur was a horrible - even if an understandable - mistake?  You thought Rick Perry's parole board would acknowledge that he wasn't a minister of justice when he signed off on Willingham's killing while the evidence that there was no crime (and therefore, duh, no criminal) was right in front of him?  You thought they'd say that he was just a stone killer? And they were too?"
(And that's just the start! HL) 

The entire post can be found at:
http://gamso-forthedefense.blogspot.com/2014/04/if-you-broke-it-you-should-pay-for-it.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;

Wednesday, April 30, 2014

Bulletin: Jennifer Del Prete: Illinois; (Shaken baby sundrome case); Release hearing rescheduled for May 7, 2014. Medill Justice Project.


POST: "Del Prete hearing rescheduled,"  published by The Medill Justice Project on April 29, 2014.

GIST: "A status hearing in Jennifer Del Prete’s case has been rescheduled for May 7 at 9:30 a.m. in downtown Chicago. The hearing had been set for tomorrow..........Last Monday, Kennelly ordered Del Prete be released from prison while the courts address her claims, which could take years."

The entire post can be found at:

http://www.medilljusticeproject.org/2014/04/29/brief-del-prete-hearing-rescheduled/

See People Magazine article: "Judge Matthew Kennelly turned the tide in Del Prete's favor last January with a 97-page ruling that raised doubts about the science that first put her behind bars. Del Prete, now 43, was convicted of shaking Isabella Zielinski at a home-based day care in December 2002 after finding her apparently unconscious. The child never awoke and died 10 months later.  Testimony showed that Del Prete called 911 and administered CPR while waiting for paramedics. And the judge's ruling says the state's own witnesses contradicted the key prosecution theory heard by jurors: that Isabella died of acute trauma inflicted during the infant's time in Del Prete's care. She was convicted and sentenced to 20 years for first-degree murder. But the judge said "no reasonable juror" would convict her based on new evidence that challenged the diagnosis, and that the doctor who testified about the injuries ignored evidence that the victim had suffered an unexplained brain injury days earlier. Kennelly rhetorically asked whether any juror would have found her guilty beyond a reasonable doubt. "The answer to that question is a resounding no," he wrote. Del Prete has always maintained her innocence. Her case caught the attention of Northwestern University's Medill Justice Project, which investigated further and uncovered a letter from a police detective – withheld from the trial and from Del Prete's defense attorney – relaying doubts about the shaken-baby diagnosis from the doctor who performed the autopsy."

 http://www.people.com/article/jennifer-del-prete-shaken-baby-syndrome

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: Medill Justice Project wins prestigious investigative award for its "Spotlight on Shaken-Baby Syndrome" which confirmed more than 3000 cases in the U.S. (Kudos to North-Western University for this important research. HL);


POST: "Medill Justice Project wins  Investigative Reporters And Editors Inc.  award," by Saman Sheikh, published by the Medill Justice project on April 3, 2014.

GIST:  "The Medill Justice Project won a national Investigative Reporters & Editors (IRE) Award for “Spotlight on Shaken-Baby Syndrome,” the project’s years-long examination of multiple shaken-baby syndrome cases. Led by Alec Klein, professor and director of the Medill Justice Project, the investigation comprised in-depth articles, the creation of a national database and a documentary. The Medill Justice Project identified and confirmed more than 3,000 cases of shaken-baby syndrome in the United States to create the database.

The entire post can be found at:

http://www.medill.northwestern.edu/news/news-medill-justice-project-wins-ire-award.html

Explore the  Medill Justice Project site:

 http://www.medilljusticeproject.org/

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;

Tuesday, April 29, 2014

Bulletin: Amanda Knox: She responds to "The Nencini Report" on her blog "Amanda Knox" in her own words: " I am innocent of the accusation against me, and the recent motivation document does not – and cannot – change the fact of my innocence. The recent motivation document does not – and cannot – change the forensic evidence."


POST: "The Nencini Report," by Amanda Knox, published on her Blog on April 29, 2014:

GIST: "I have stated from the beginning of this long ordeal that I am innocent of the accusations against me. I was found innocent by the only court in Italy that retained independent forensic experts to review my case. I want to state again today what I have said throughout this process. I am innocent of the accusation against me, and the recent motivation document does not – and cannot – change the fact of my innocence. The recent motivation document does not – and cannot – change the forensic evidence: Experts agreed that my DNA was not found anywhere in Meredith’s room, while the DNA of the actual murderer, Rudy Guede, was found throughout that room and on Meredith’s body. This forensic evidence directly refutes the multiple-assailant theory found in the new motivation document. This theory is not supported by any reliable forensic evidence. The forensic evidence also directly refutes the theory that the kitchen knife was the murder weapon: The court-appointed independent experts confirmed that neither Meredith’s blood nor her DNA was on the alleged murder weapon, which experts also agreed did not match the stab wounds or the bloody imprint of a knife on her pillow. In fact, in the prior proceeding in which I was found innocent, the court specifically concluded that the forensic evidence did not support my alleged participation in the crime and further found that the circumstantial evidence was both unreliable and contrary to a conclusion of guilt. The recent motivation document does not – and cannot – change the fact that the forensic evidence still does not support my participation and the circumstantial evidence still remains unreliable and contrary to the conclusion of guilt.........I will now focus on pursuing an appeal before the Italian Supreme Court. I remain hopeful that the Italian courts will once again recognize my innocence."
The entire post can be found at:

http://www.amandaknox.com/2014/04/29/the-nencini-report/

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: Amanda Knox: Appelate court releases 337-page decision; Says victims wounds indicate "multiple aggressors" and that the two exchange students fought over money on the night of the murder. Associated Press.



The entire story can be found at:

http://www.winnipegfreepress.com/world/florence-court-that-convicted-amanda-knox-says-victims-wounds-indicate-multiple-aggressors-257159271.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;

Commentary: Radley Balko looks with approval on the important new forensics bill passed by the California Senate in his informative column "The Watch" published by the Washingtom Post - and calls on other states to consider passing similar laws — or better yet, pass more robust safeguards to keep junk science out of criminal trials in the first place."

COMMENTARY: "California's Senate has approved an important new Forensics bill," by Radley Balko, published by the Washington Post on April 11, 2014.

GIST: "California’s state Senate has just approved an important new bill that would help people convicted of crimes due to bad science win new trials. Let’s hope it gets passed into law. One of the most important things we’ve learned from DNA testing is that we have badly misjudged the reliability of a number of methods of forensic analysis. Most fields of forensics were developed by police investigators, not scientists, and aren’t subject to the rigorous standards of the scientific method, such as blind testing and peer review. Yet these methods are still presented to juries as “science.”.........Under the proposed law, if an expert later repudiates his testimony or if an expert’s testimony is later found to be unsupported by science, the convicted have grounds for a new trial. There are some nagging questions, such as what sort of consensus would be needed in the scientific community for the law to apply.........Still, it’s a sensible bill that will at least address the most egregious cases. Other states should consider passing similar laws — or better yet, pass more robust safeguards to keep junk science out of criminal trials in the first place."
The entire commentary can be found at:
 
http://www.washingtonpost.com/news/the-watch/wp/2014/04/11/californias-senate-has-approved-an-important-new-forensics-bill/

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;