Bulletin: Joseph Buffey; West Virginia; October 6; Guilty plea to charges contradicted by new DNA tests his lawyers - a legal team including Barry Scheck of the New York-based Innocence Project had to fight for; West Virginia Supreme Court to hear argument on October 6. "All of this and much more was presented to Harrison Chief Judge Thomas A. Bedell in hearings that lasted more than half a week last year. For Bedell, one of the key issues seems to be the sanctity of such a contract. In his ruling, Bedell likened Buffey’s dissatisfaction with the 70-year prison sentence he received “buyer’s remorse.”

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 29 days. For information: http://www.aidwyc.org/wcd-2015/

"The West Virginia Supreme Court will hear arguments Oct. 6 in the case of a man trying to overturn his rape and robbery charges through new DNA testing...The court will begin its work at 10 a.m. on that Tuesday in Charleston. Buffey’s lawyers are Allan N. Karlin of Morgantown and Nina Morrison and Barry Scheck of the New York-based Innocence Project. They are trying to get Buffey cleared in a case in which he pleaded guilty to two counts of first-degree robbery and one count of sexual assault in 2002. Further DNA testing conducted recently shows Buffey wasn’t involved and pointed at another man, Adam Derek Bowers, 29, of Clarksburg, who was convicted of rape, burglary and robbery charges earlier this year and is awaiting his Sept. 14 sentencing before Bedell. Bowers, a juvenile at the time of the 2001 attack on an 83-year-old woman, didn’t become a suspect until Buffey’s lawyers won the right to compare their new DNA test results to a state-kept database that includes profiles of prisoners. Bowers was in prison at the time for other, non-sex related crimes. ........  All of this and much more was presented to Harrison Chief Judge Thomas A. Bedell in hearings that lasted more than half a week last year. For Bedell, one of the key issues seems to be the sanctity of such a contract. In his ruling, Bedell likened Buffey’s dissatisfaction with the 70-year prison sentence he received “buyer’s remorse.” The Innocence Project lawyers and Karlin have countered by focusing on studies that show defendants routinely have been coerced into pleading guilty when they aren’t due to factors such as the length of an interview and hunger. Once the case is heard, the justices are likely to issue an opinion before the term of the Supreme Court ends in December. Bowers, 29, and Buffey, 32, were both from Clarksburg. Unless he wins his appeal or gets some other form of relief, Buffey won’t become parole eligible until Dec. 8, 2041."
http://www.theet.com/news/local/supreme-court-sets-buffey-case-for-argument-on-oct/article_4b80626b-d539-5b77-a16d-c7027735966e.html

Aisling Brady McCarthy: Massachusetts; Aftermath 3; Irish Examiner reporter John Breslin describes how the prosecution case "based on doctor's testimony" was "riddled with holes."... "The Massachusetts State Police report, based on Dr Newton’s diagnosis, concluded: “Abusive head trauma includes injuries caused by violent shaking either by directly striking the head or causing the head to strike another object or surface.” There was “no other medical explanation for Rehma’s injuries or death”, Dr Newton reported." (Must Read. HL);

Countdown to Wrongful Conviction Day:  Friday, October 2,  2015; 30 days. For information: http://www.aidwyc.org/wcd-2015/

COMMENTARY: "Aisling Brady McCarthy case: Prosecution case based on doctor’s testimony was riddled with holes," by reporter John Breslin, published  on September 2, 2015, by the Irish Examiner.

SUB-HEADING :"Medical evidence indicated that baby Rehma Sabir was malnourished and some of her injuries happened when she was with her parents in the Middle East, yet one doctor’s report saw the case against Aisling Brady McCarthy drag on, writes John Breslin."

GIST:  "An expert on child deaths and injuries at the hospital was, and is, Dr Alice Newton. She was called in to give her opinion both before and after baby Rehma died. Dr Newton had no doubts as to what happened. Rehma was the victim of a violent assault, she had a severe head injury. The Massachusetts State Police report, based on Dr Newton’s diagnosis, concluded: “Abusive head trauma includes injuries caused by violent shaking either by directly striking the head or causing the head to strike another object or surface.” There was “no other medical explanation for Rehma’s injuries or death”,  Dr Newton reported. That same report included details of blood stains discovered by police officers, on a baby wipe, a blanket, and a pillow. There were other injuries, notably to the child’s back. A neighbour reported hearing “extreme” crying. There was damage to a wall, likely caused by the baby-changing table being knocked against it.
Someone, it was concluded in meetings directly after the baby was brought to hospital, was responsible for the girl’s fatal injuries.........The narrative was clear — a crazy illegal Irish nanny had beaten a child to death.........What happened was that McCarthy Brady had a friend who knew somebody in the law offices of Todd and Weld, a firm dealing mostly with corporate clients but with a sideline in criminal defence. Melinda Thompson got the file and immediately, after one quick run-through, saw holes big enough to drive a bus through. Those injuries to Rehma’s back — they happened weeks before the day she was fatally injured. Brady McCarthy was nowhere near the child when they occurred. In fact, at the time Rehma was travelling through the Middle East with her parents who are from Pakistan. The damage to the wall? Easily caused by normal wear and tear. The blood stains found could not be linked to the day Rehma was fatally injured. Rehma’s head, or any other part of her body, was not knocked against anything. That neighbour has admitted never having to care for a child for any length of time and the crying that she heard occurred hours before the alarm was raised and emergency services called. Then came the doctor reports, including one from late the previous year that concluded Rehma was a malnourished child. But, prosecutors continued to argue, she was violently shaken, causing blunt force trauma to her brain. Thompson and her team of lawyers levelled a double barrel against the prosecution — that there is no such thing as shaken baby syndrome and, even if there was, Dr Newton’s diagnosis was rushed and wrong. They also cited other cases where similar prosecutions, where Dr Newton was the key witness, were dropped. Geoffrey Wilson, in 2010, was accused of shaking to death his six-month-old baby. The prosecution case rested largely on Dr Newton’s conclusions, which she came to just hours after the baby was brought to hospital. The charges were dropped after it was found the son had a rare genetic defect that may have played a role in his death. The medical examiners changed the manner of death from homicide to “cannot be determined”. Brady McCarthy’s lawyers tried to have Dr Newton’s testimony excluded from the expected trial, arguing she failed to review Rehma’s medical history, including the fact she was malnourished. Dr Newton, at a hearing before Judge Maureen Hogan in Middlesex County Superior Court, said she and others conducted a careful review and that the child died from “a major traumatic injury”. That hearing was last September and even then it was becoming pretty clear there were major problems with the prosecution case."

The entire story can be found at:

http://www.irishexaminer.com/viewpoints/analysis/aisling-brady-mccarthy-case-prosecution-case-based-on-doctors-testimony-was-riddled-with-holes-351489.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;

Mary Han case: Albuquerque; New Mexico; Police say civil rights attorney committed suicide; Family says she was murdered and criticizes police investigation; Recently launched civil law suit heats up as former Albuquerque Police Department worker in charge of releasing public records says top city officials hid or got rid of evidence in high profile cases - and Mary Han's family goes to court for an order barring destruction of secret databases with high profile case information. KOB;

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 30 days. For information: http://www.aidwyc.org/wcd-2015/

PUBLISHER'S NOTE: The allegation that the Albuquerque Police department maintains an "independent database" - if proven true - is a matter which should be of great concern to the public and the courts.  Such an allegation can deeply impact on public confidence in the administration of justice if the police are suspected of using their independent database  (read 'secret') to avoid disclosure obligations - and to protect the department and the city from law suits such as that brought by Mary Hans' family. Such a practice, if proven, would be hinder police accountability to the public - and perhaps also  to those who are responsible for running the force.  One thing is clear. The city cannot investigate itself. Nor can the police be allowed off the hook. It is up to the courts to use their  inherent powers to get to fearlessly the heart of the matter - no matter where the trail may lead. The allegation, though unproven, also suggests that out of caution, the actions of the Albuquerque Police in the Han investigation should be submitted to the utmost scrutiny. Trust in the police and the justice system is at stake.

STORY: "Mary Han attorneys file motion for city, APD not to destroy databases with high-profile case info," by reporter Blair Miller, published by KOB on  August 28 2015.

GIST: "Attorneys for the family and estate of Mary Han filed an emergency motion Wednesday in Bernalillo County District Court asking the court to require the city of Albuquerque and APD to "immediately preserve electronic information" related to her case and many other high-profile APD cases that have been stored on APD public records hard drives. The motion from Han's lawyers says they were informed Tuesday that APD has an independent database that stores the information that is backed up on hard drives and CDs. Reynaldo Chavez, APD's records custodian, signed a sworn affidavit Tuesday saying he believes the "database will most likely be destroyed now that it is out of his possession." Chavez and two other public records employees were placed on administrative leave in April. Chavez said the next day the department has not laid out specific reasons for the investigation against him or the other two employees. He hired a lawyer to file a whistleblower lawsuit against APD, though that has yet to be filed. His sworn affidavit says Deputy City Attorney Kathy Levy "has taken deliberate action to prevent [Han's estate] from obtaining relevant information concerning Ms. Han's death and the involvement of [APD] personnel." He says he was told by Levy in 2012 not to provide all the information from the investigation to Han's family......... Han's attorneys emailed lawyers for the city Tuesday requesting they agree to prevent the destruction of the database, but did not receive a response by Wednesday, which is why they filed the court motion. Han was found dead in her garage in 2010. The family sued the city, but a judge dismissed the case. The family sued the Office of the Medical Investigator on Aug. 3."

The entire story can be found at:
 
 http://www.kob.com/article/stories/S3891891.shtml?cat=500#.VeHTQC5MH2z

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: Ivan Henry; British Columbia; Tanya Olivares, 42, the oldest daughter of Ivan Henry, testified Tuesday about the impact of her father’s 27 years of wrongful imprisonment on her life.

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 32 days. For information: http://www.aidwyc.org/wcd-2015/

"When her father was arrested, Tanya Olivares’s world “kind of crashed down” on her and her sister, the beginning of an ordeal that played out for them for nearly three decades. Olivares, 42, the oldest daughter of Ivan Henry, was testifying Tuesday about the impact of her father’s 27 years of wrongful imprisonment on her life..........All that changed in 1982, when she was nine years old. Henry was arrested and charged with sex offences against eight Vancouver women. “From the moment we learned he was arrested, our world kind of crashed down on us,” said Olivares. In 1983, a jury convicted Henry and he was declared a dangerous offender and jailed indefinitely. In 2009, he was released on bail after his case was reviewed and in 2010 acquitted after spending 27 years behind bars. Olivares, a mother of two, told the judge that after Henry’s arrest, the neighbourhood kids would not talk to her and her sister Kari. “So we basically were kind of hiding out inside our house. We couldn’t do too much.”.........She did not share with her friends the fact that her father was in prison and she had no idea where he was actually incarcerated. To stop the questions, she told friends her dad was dead. “I quickly realized if I said he was dead, that would end the questions. It was very easy that way.” She knew that the charges against her father were “horrific” but she said she never believed them for a moment and started doing research and reading on her own. She and her sister Kari started to really fight for their dad and wanted to get him out of prison, and they arranged for him to be transferred to a prison in B.C, where they could visit him."
http://www.theprovince.com/news/Ivan+Henry+wrongful+conviction+destroyed+family+says+daughter/11332983/story.html

Bulletin: Aisling Brady McCarthy; Massachusetts; Aftermath: (2): Boston Globe columnist Kevin Cullen says defence lawyer Mindy Thompson "knew that prosecutors were using an outdated approach when it comes to murderous child abuse, especially when it came to shaking baby syndrome, or SBS."... “It is a prosecution based on a scientific hypothesis that has crumbled over the last decade,” she and Meier wrote in a motion to exclude Dr. Alice Newton as an expert witness in the case." (Must Read. HL);

"Thank God there are attornies like Mindy Thompson and David Meier and firms like Todd& Weld which let their lawyers take cases that don't generate money. Thompson and Meier defended McCarthy vigorously and averted a miscarriage of justice, As a former Middlesex assistant district attorney Thompson knew that prosecutors were using an outdated approach when it comes to murderous child abuse, especially when it came to shaking baby syndrome, or SBS. “It is a prosecution based on a scientific hypothesis that has crumbled over the last decade,” she and Meier wrote in a motion to exclude Dr. Alice Newton as an expert witness in the case. They said Newton diagnosed Rehma Sabir with shaken baby syndrome almost immediately after the child arrived at Boston Children’s Hospital in January 2013. “There is so much science exposing the SBS hypothesis as scientifically and medically unreliable,” Thompson said."
https://www.bostonglobe.com/metro/2015/08/31/former-nanny-aisling-brady-mccarthy-should-not-have-been-charged-with-murder/EHbUmwhOatAjwaHDQ5blAI/story.html

Aisling Brady McCarthy; Massachusetts; Aftermath (1); Boston TV station WVCB 5 investigates "Dr. Alice Newton - "the same expert behind two dropped shaken baby cases."..."The science behind shaken baby diagnoses are being questioned and in some cases thrown out across the country. "So many questions are being raised about shaken baby syndrome that there are more dismissals of pending cases than there are of new indictments," (Geoffrey Wilson's defence lawyer) Carney said."

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 32 days. For information: http://www.aidwyc.org/wcd-2015/

STORY: "WCVB 5 Investigates: Same expert behind two dropped shaken baby cases Charges dropped against Irish nanny Aisling Brady McCarthy Monday," by reporter Cathy Curran, published on August 31, 2015."

SUB-HEADING: "Aisling Brady McCarthy spent more than two years behind bars while charged with murder in the death of 1-year-old Rehma Sabir, but 5 Investigates has found it's not the first shaken baby allegation by the Middlesex District Attorney's Office that was dropped in the past year."

SUB-HEADING:  "The state medical examiner has changed its determination of the manner of death of the Cambridge 1-year-old at the center of a shaken baby case that landed the child’s Irish nanny in jail."

GIST: "Geoffrey Wilson of Malden was accused in 2010 of shaking his 6-month-old son, Nathan, to death. But defense experts found Wilson's son had a rare genetic defect that may have played a role in his death. Last year the Medical Examiner's Office changed the manner of death from "homicide" to "cannot be determined" and -- more than four years after being charged -- the case against him was dropped. The prosecution's medical expert at the center of both cases was Dr. Alice Newton. Wilson's attorney, J.W. Carney, said the case against his client was a "rush to judgment." "Geoff Wilson was arrested at the hospital two hours after his child was taken off life support," Carney said. In McCarthy's case, her lawyers say Newton told prosecutors the nanny shook the baby with the force equal to that experienced in motor vehicle accident. Calls to Newton and to Massachusetts General Hospital, where she currently works, were not returned.........The science behind shaken baby diagnoses are being questioned and in some cases thrown out across the country. "So many questions are being raised about shaken baby syndrome that there are more dismissals of pending cases than there are of new indictments," Carney said."

The entire story can be found at:

http://www.wcvb.com/news/5-investigates-same-expert-behind-two-dropped-shaken-baby-cases/35023752

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: Cameron Todd Willingham; TCW News: "Has the state of Texas executed an innocent man? That question has lingered since Cameron Todd Willingham was put to death for killing his three children. Now a man exonerated and set free from death row Anthony Graves) tells our John Salazar the state got it wrong."..."Junk science and a poor fire investigation helped convict Willingham, and a prosecutor may have put an innocent man to death. Graves insists more cases like Willingham's have yet to be uncovered. "Todd wasn't the only man who had a strong claim to actual innocence that was executed. There are many more Todd Willinghams that are in the grave behind the state of Texas," said Graves."

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 32 days. For information: http://www.aidwyc.org/wcd-2015/

"Since his release from prison, Graves is active in criminal justice reform. Late last week, he spoke at the Forensic Technology Center of Excellence's Impression Pattern and Trace Evidence Symposium in San Antonio. "This seems to be part of the solution and not the problem," said Graves. Beyond his efforts to punish prosecutors who cheat at trial, Graves says he wants science strengthened. "Obviously, our findings can be vital to the outcome of a criminal justice case," said Heidi Eldridge, a research forensic scientist with RTI International. "And so we want to make sure we're representing our evidence in a way that is appropriate and correct in its findings." Junk science and a poor fire investigation helped convict Willingham, and a prosecutor may have put an innocent man to death. Graves insists more cases like Willingham's have yet to be uncovered. "Todd wasn't the only man who had a strong claim to actual innocence that was executed. There are many more Todd Willinghams that are in the grave behind the state of Texas," said Graves. The prosecutor in that case is former Navarro County Assistant District Attorney A. John Jackson. Jackson was charged with misconduct by the state bar in March, but he denies the claims.

http://www.twcnews.com/tx/austin/news/2015/08/31/man-set-free-from-death-row-says-texas-executed-innocent-victim.html