Back in action: Catch-up (2): The Debra Milke case. Arizona; 49-year-old is freed after 22 years on Death Row. How far will police and prosecutors go to secure a conviction in cases where there is no forensic evidence linkinga person to the crime?

PUBLISHER'S NOTE: Back into action; (2):  Debra Milke.  The recent  Arizona Court of Appeal decision freeing Debra Milke is the kind of case which has me wonder how far unscrupulous police officers will go to have people when there is no forensic evidence linking them to the crime? Will they manufacture a confession they claim to have taken? Will they secure the kind evidence of a  "disinterested" cell-mate who just happens  to have heard the cellmate blurt out a confession to the crime?  In Milke's case the  alleged confession was not recorded. There was no witness present during the interrogation even though another  officer was in the immediate vicinity. Defence lawyers were not provided information that the officer who took the confession had a reputation for using underhanded tactics to get confessions. And that's all it took to steal years of Milke's life - until the Arizona Court of Appeal  stepped in with its ruling that barred a further trial. Several safeguards could minimize the possibility of such abominable police behaviour. Safeguard one:  Routinely videoptape confessions as is becoming more and more common in North America; Safeguard two: Tight court restrictions on the use of cellmate evidence; Safeguard three; Real consequences for both prosecutors and officers involved. Oh yes. The Debra Milke case. Just wondering.

Harold Levy; Publisher; The Charles Smith Blog;

COMMENTARY: "Milke should not be retried. Judges got it right," by columnist EJ Montini, published by Arizona Central.com  on December 11, 2014.

GIST: "After all these years, her conviction was tossed out by 9th U.S. Circuit Court of Appeals because of that tainted confession. At Milke's trial, Phoenix police Detective Armando Saldate testified that during an interrogation in which he was alone with Milke, and there was no recording, Milke admitted taking part in the crime. Milke denies confessing. It turned out that Saldate had a reputation for questionable behavior when it came to such confessions, but Milke's defense never heard about it. The judges of the 9th Circuit expressed outrage in throwing out Milke's conviction, writing in part, "The Constitution requires a fair trial, and one essential element of fairness is the prosecution's obligation to turn over exculpatory evidence. This never happened in Milke's case, so the jury trusted Saldate without hearing of his long history of lies and misconduct. ... All of this information should have been disclosed to Milke and the jury, but the state remained unconstitutionally silent.""

The entire story can be found at:

http://www.azcentral.com/story/ejmontini/2014/12/11/debra-milke-court-of-appeals-murder-christopher/20265903/

 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;

Back in action: Catch-up (1): Leighton Hay; Ontario; Freed after more than 12 years behind bars following scientific testing of hairs - following a Supreme Court of Canada decision and prosecutor's decision to terminate the case. (Another important victory for the Canadian-based Association in Defence of the Wrongly Convicted. (AIDWYC); HL.)

PUBLISHER'S NOTE: BACK IN ACTION: (1):  The Charles Smith Blog is back in action after your erstwhile publisher spent a glorious two months spent wandering through Vietnam, Cambodia, Laos, Myanmar and Japan. Over the next couple of weeks or so I will update readers on developments which occurred in my absence. I am starting with the Ontario case of Leighton Hay who has been freed after spending  12 1/2 years in prison on  a murder conviction which centered on the  issue as to whether, as the prosecutors argued, Hay had taken a haircut between the crime and his arrest. The best account of the case I have found was published  by The Association in Defence of the Wrongly Convicted shortly before the first degree murder prosecution was to be terminated on November 28, 2014.

Harold Levy; Publisher; The Charles Smith Blog.

STORY: News release published by The Association in Defence of The Wrongly convicted  on November 27, 2014, under the heading "Leighton Hay to be released from court after 12  1/2 years in jail for a murder he didn't commit."

GIST:  "AIDWYC lawyers decided to seek scientific testing of the hairs found in the home to see whether they really came from the supposed haircut. They asked Mr. Tony Tessarolo, the Director of the Centre of Forensic Sciences (the Centre) whether microscopic examination of the hairs could determine if they were hairs from a haircut or hairs from the shave of a beard. Mr. Tessarolo agreed to have the Centre conduct an examination of the hairs. The Crown opposed this testing and refused to allow the Centre to examine the hairs. AIDWYC then brought a motion before the Supreme Court of Canada for an order that the exhibits be released to the Centre. The Supreme Court of Canada made this order on November 18, 2010. The examination was conducted by the Centre’s scientist Ms. Joanne Almer, and was monitored by two outside experts, one retained by the defence and the other by the Crown. The scientists found that the hairs were from a facial shave “to a reasonable degree of scientific certainty” and were not from a haircut. The prosecution theory that Leighton had shaved his head to disguise his appearance evaporated. He could not have been the gunman with the two inch picky dreads described by the Crown witness. Following this scientific consensus, AIDWYC resolved that Mr. Hay was innocent and had been wrongly convicted. Armed with this new scientific evidence, counsel for AIDWYC presented Leighton’s case to the Supreme Court of Canada in April, 2013.
In a lengthy and incisive judgment, delivered on November 8, 2013, the Supreme Court of Canada admitted the scientific evidence, quashed Leighton’s conviction and ordered a new trial for him. ”

The entire release can be found at:

http://www.aidwyc.org/hay-exonerated/
  
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;

Publisher's note; The Charles Smith Blog is taking a break; Back soon; Keep the tips and suggestions flowing; Cheers. Harold Levy;

PUBLISHER'S NOTE: Dear reader; I am taking a short break pending completion of a writing assignment.  In the meantime,  please keep me informed about  any new cases  or developments so that I can get caught up quickly on my return.  Best wishes. Harold Levy; Publisher; The Charles Smith Blog. PS: Check out reporter Dave Mann's reaction to Ed Graf's surprise guilty plea at  The Texas Observer over the next few days. He has put a lot of time and thought into reporting the case.

 http://www.texasobserver.org/

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

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.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: Ed Graf: Texas: KCEN reports that he reached a plea deal with prosecutors, pleaded guilty Tuesday afternoon and was sentenced to 6o years in penitentiary...More later. HL.

Ed Graf Pleads Guilty

(KCEN) -- Ed Graf reached a plea deal with his prosecutors on Tuesday. He plead guilty on Tuesday afternoon. The prosecution and the defense each gave their closing arguments on Monday. Graf was being retried for the 1986 murder of his two stepsons. The judge has sentenced him to 60 years in penitentiary.

See related News 25 (KXXV) story: While a McLennan County jury was deliberating the guilt or innocence of Ed Graf Tuesday, Graf entered a plea agreement and was sentenced abruptly to 60 years. Graf admitted to setting a backyard fire in 1986 that killed his two stepsons, Joby and Jason. He pleaded guilty to two counts of murder. He was originally convicted in 1988 of setting the fire, but was given a new trial after experts raised questions about the testimony of fire investigators at his first trial.  The plea agreement calls for two 60 year sentences to be served concurrently. Graf has served 28 years behind bars and will be eligible to apply for parole immediately......... The judge sent jurors home after more than six hours of deliberations Monday, with instructions to return to court Tuesday morning. During that time, the jury sent three notes to the judge.  First they wanted to know how many jurors it takes to reach a unanimous verdict. Then they said they were stuck at 10 to 2 and needed help.  The judge told them to keep working.  Finally, they asked to have some testimony from the trial read back to them. The state and defense both gave jurors a lot to think about Monday.  During closing arguments, prosecuting attorneys told the jury they don't need to know how Graf got the boys in the shed or how he started the fire in order to find him guilty.  District Attorney Abel Reyna said, "We do know Ed Graf set that fire. How he pulled this off, there's only four that know.  Two of them he killed, one of them is sitting here and the other he has yet to meet." But the defense maintained that the fire was nothing more than a tragic accident started by a pair of rambunctious kids. "Defense attorney Walter Reaves said, "Two boys lost their life that day.  Ed Graf lost two adopted sons, subsequently lost his only child, his marriage. Twenty eight years later, we are now here to give him his life back.""

 http://www.kxxv.com/story/26835286/graf-jury-deadlocked-deliberations-to-continue-tuesday

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;

Grace and Matthew Huang: Qatar; Final verdict on their appeal set for November 30, the Associated Press reports. The Huangs have insisted that their daughter, who was born in Ghana, died of medical problems complicated by unusual eating habits. But prosecutors maintain that the couple had denied food to Gloria and said the child was locked in her room at night. U-T San Diego.

STORY: "Final ruling set for US couple convicted in Qatar," by reporter Abdullah Rebhy, published by the Associated Press on October 20, 2014.

PHOTO CAPTION: American couple Grace and Matthew Huang, sentenced to jail over charges they starved their 8-year-old adopted daughter to death, talk before they meet with U.S. Ambassador to Qatar, Dana Shell Smith, at a hotel in Doha, Qatar, Sunday, Oct. 19, 2014. The American couple were released from prison in November, but were banned from leaving Qatar during their trial. Their appeal begins on Monday.

GIST: "An American couple convicted in Qatar of child endangerment will receive a final verdict on their appeal on November 30, a Qatari judge announced on Monday. Matthew and Grace Huang of Los Angeles were originally jailed on murder charges following the January 2013 death of their adopted daughter Gloria. They were released from prison last November, but banned from leaving during the trial. In March, the court sentenced them to three years in prison for child endangerment. The Huangs, of Asian descent, have remained out of prison during their appeal. They have insisted that their daughter, who was born in Ghana, died of medical problems complicated by unusual eating habits. "It feels like there is no end to this," Matthew Huang told reporters outside the courtroom Monday. "The Qatar government is ignoring the calls of the U.S. government for our release." The prosecution alleged that the couple had denied food to Gloria and said the child was locked in her room at night. The girl was pronounced dead when the Huangs took her to the hospital in January 2013. The case has raised concerns about possible cultural misunderstandings in Qatar, where Western-style adoptions and cross-cultural families are relatively rare. An investigative report by the Qatari police had focused partially on why the Huangs would adopt children who did not share their "hereditary traits", according to the family's website. The Huangs will be able to take their case to a higher court after the appeals verdict, though Qatar's highest judicial body traditionally rules in favor of the lower court's rulings."

The entire story can be found at:

http://www.utsandiego.com/news/2014/oct/20/final-ruling-set-for-us-couple-convicted-in-qatar/

 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;

Ed Graf: Retrial: The jury is out; The Texas Observer's Dave Mann says the essence of the case is: "Will the jury go with their heads or their hearts, with the scientific evidence or with their suspicions?" Related story; Jury deadlocked six hours into deliberations; Returning to court Tuesday morning;

STORY: "Jury begins deliberations in Ed Graf  re-trial" by reporter Dave Mann, published by the Texas Observer on October 20, 2014.

GIST: "Ed Graf’s fate now lies with a Waco jury. Testimony in Graf’s controversial re-trial concluded on Friday, and attorneys presented their closing arguments this morning. The six men and six women of the jury will now decide if they believe that Graf murdered his 8- and 9-year-old stepsons by starting a 1986 fire in a shed behind his house; or if Graf was wrongly convicted and spent decades in prison for what was actually an accidental fire.........But the most stunning testimony came from a jailhouse informant. Fernando Herrera, an inmate at the McLennan County jail who said he got to know Graf over the past few months, was likely the most controversial of the more than 30 prosecution witnesses. Herrera testified, as Tommy Witherspoon, the Waco Tribune-Herald’s long-time courthouse correspondent reported, that Graf confessed the crime to him in detail.........Defense lawyers sought to discredit Herrera, pointing out that he has at least six known aliases and more than a dozen convictions. They also noted that Herrera had asked for preferential treatment in jail multiple times before contacting prosecutors about the Graf case. Still, Herrera claimed prosecutors weren’t giving him anything in exchange for his testimony. Defense attorneys also noted how unbelievable it seems that Graf would spend 25 years in prison, then, after his conviction was overturned, confess to a random jail inmate just before his retrial. Moreover, jailhouse informants don’t have the best track record, as the Innocence Project reports. The defense team built its case on the scientific evidence. Doug Carpenter, a nationally renowned fire expert, was the key witness. He testified that the high carbon monoxide levels in the boys’ bodies point to an accidental fire (gasoline/arson fires typically result in low carbon monoxide levels. More on that here.) The defense also offered evidence that the boys had played with matches on several occasions and theorized that the boys had started the accidental fire themselves. In his closing argument, prosecutor Michael Jarrett told the jury to ignore the scientific testimony and to go with their “heart,” as Witherspoon reported on Twitter. That’s the essence of the case: Will the jury go with their heads or their hearts, with the scientific evidence or with their suspicions?"

The entire story can be found at:

http://www.texasobserver.org/jury-begins-deliberations-ed-graf-re-trial/

See related KXXV story; Juey deadlocked after six hours deliberations; Returning to court Tuesday morning;

 http://www.kxxv.com/story/26835286/graf-jury-deadlocked-deliberations-to-continue-tuesday

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;

Reginald Tanubagijo: California; Shaken Baby Conviction; Tanubagijo testified that he neglected to tell anyone that as Buddy began to choke, he reached over to where the child was placed in a chair on top of the table, causing it to topple over onto the tile floor. He testified that he was afraid and ashamed to tell anyone immediately. He is seeking a new trial; The Reporter;

STORY: "Suisun City foster father convicted in infant death case to argue for new trial," by reporter Ryan Chalk, published by The Reporter on October 17, 2014.

SUB-HEADING: "New trial motion expected in 2010 infant death case."

GIST: "A former Suisun City foster father who was convicted of second degree murder in July was back in Solano County Superior Court on Friday, although attorneys delayed the setting of a date to argue for a new trial. Reginald Tanubagijo was convicted by a jury of second degree murder and felony child abuse charges in connection with the Nov. 29, 2010, death of an infant in his care. The baby was rushed to a hospital that night after Tanubagijo told paramedics it began choking on milk, however, tests revealed it had suffered head trauma, according to testimony........Medical experts for the prosecution included their opinion that the injuries Buddy suffered could be labeled as abusive head trauma, formerly known as shaken baby syndrome. Investigators, aware of the child's head injuries, interviewed Tanubagijo twice in the days after he made the initial 9-1-1 call. Jurors watched a video recording of his second interview with investigators, in which he states that Buddy fell from the kitchen table. Late in that second interview, Tanubagijo admitted to shaking the baby four-to-five times in an attempt to revive it after the fall.........Tanubagijo took the witness stand in his own defense and testified that he neglected to tell anyone that as Buddy began to choke, he reached over to where the child was placed in a chair on top of the table, causing it to topple over onto the tile floor. He testified that he was afraid and ashamed to tell anyone immediately. Tanubagijo's defense attorney is expected to file a motion for a new trial, and at a prior hearing, allegations of potential juror misconduct were indicated as a possible argument. Tanubagijo was ordered back to court on Dec. 2, for the setting of a date when attorneys will argue the new trial motion.

The entire story can be found at:

 http://www.thereporter.com/crimebeat/ci_26752015/suisun-city-foster-father-convicted-infant-death-case

  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;