Bulletin: Pennsylvania; 'Bite mark decision'. Crystal Dawn Weimer; ABC News reports that, "A judge on Thursday overturned a woman's murder conviction and prison sentence after a bite mark expert who testified against her at trial said he now believes his findings were "junk science."..." A dental expert, Dr. Constantine Karazulas, testified that a bite on the victim's hand matched Weimer. But the witness who placed Weimer at the scene has since recanted, and the dentist changed his mind, too. The National Academy of Science in 2009 issued a report discrediting bite mark evidence as an inexact way to match defendants to bite wounds. Marissa Bluestine, legal director of the Pennsylvania Innocence Project, which is representing Weimer, said the report was Karazulas' "epiphany" and "he independently went back and reviewed his findings." Karazulas concluded that bite marks can be used to eliminate someone as a suspect, not to conclusively match them, Bluestine said."

"A judge on Thursday overturned a woman's murder conviction and prison sentence after a bite mark expert who testified against her at trial said he now believes his findings were "junk science." Fayette County Judge John Wagner ruled in the case of 38-year-old Crystal Dawn Weimer, of Connellsville, after a brief hearing about 40 miles south of Pittsburgh. Weimer has repeatedly insisted she's innocent in the 2001 beating death of 21-year-old Curtis Haith. She was convicted of third-degree murder in 2006 and sentenced to 15 to 30 years in prison. A man imprisoned in the case had testified that Weimer helped lure Haith to the scene. A dental expert, Dr. Constantine Karazulas, testified that a bite on the victim's hand matched Weimer. But the witness who placed Weimer at the scene has since recanted, and the dentist changed his mind, too. The National Academy of Science in 2009 issued a report discrediting bite mark evidence as an inexact way to match defendants to bite wounds. Marissa Bluestine, legal director of the Pennsylvania Innocence Project, which is representing Weimer, said the report was Karazulas' "epiphany" and "he independently went back and reviewed his findings." Karazulas concluded that bite marks can be used to eliminate someone as a suspect, not to conclusively match them, Bluestine said." (Thanks to CSI DDS for drawing our attention to this story. HL);
http://abcnews.go.com/US/wireStory/womans-conviction-tossed-junk-science-bite-mark-case-34179866

Bulletin: Wrongful Conviction Day: It's here: A few of the events that have caught my eye - including some up-dates; Harold Levy: Publisher; The Charles Smith Blog.

PUBLISHER'S NOTE: As Wrongful Conviction Day approaches, I am marveling at the  range of events that are being held around the world.  I am listing a few events that have caught my eye. (Go the the respective  websites for particulars);

Harold Levy: Publisher; The Charles Smith Blog;

0:  The University of Western Ontario Department of Sociology is featuring William-Mullins Johnson - an innocent  man sent to prison for life by the infamous former pathologist Charles Smith at a seminar headed:  Convicted of a crime that never occurred, Innocent... but labelled “murderer” and “sex offender” Imprisoned unjustly for 12 years by our justice system. What went wrong ?

0:  Innocence Ottawa: A screening of  the 2013 film "Devil's Knot"..."

“The savage murders of three young children sparks a controversial trial of three teenagers accused of killing kids as part of a satanic ritual.”

0: The Irish Innocence Project at Griffith College presents a documentary film:   'In doubt: The Mark Marku case."  The film tells the tragic story of Mark Marku, a young Albanian man married to an Irish woman Julie O’Reilly Marku who was sentenced to 18 years for a string of armed robberies in Crete and claims he is innocent. The Irish Innocence Project has found convincing evidence of his innocence including documentation that he was in Ireland at the time of many of these crimes. The film-in-progress was debuted at the first ever Irish Innocence Project International Wrongful Conviction Conference and Film Festival held on 26-27 June at Griffith College. In addition to screening the half-hour documentary, there will be an introduction of the film by David Langwallner, who has supervised the Irish Innocence Project’s involvement with the case, testified in Greece and assisted with its submissions before the Greek Supreme Court.

0: Ohio is heavily committed with the collaborative involvement of the Ohio Defender Wrongful Conviction Project, The Ohio Innocence Project, and The Ohio State University Moritz College of Law.  A panel will feature Erin Moriarity, CBS News, Joanna Feigenbaum of the Ohio  Public Defender Wrongful Conviction Project, and   Jennifer  Bergeron, Ohio Innocence Project. The panel will be moderated by Nikki Baszynski; Professor  Mark Godsey of the Wrongful Convictions Blog and the University of Cincinatti College of Law has helped coordinate the event. 

0:  The Innocence Project of Argentina is planning to do a social media campaign encouraging our followers to write a post in Twitter expressing their support  to the wrongfully convicted. Since the event is virtual, it will last the day of October 2nd.  (This is a huge 'first' for Wrongful Conviction Day):

The  California Innocence Project at the  California Western School of Law will be presenting a "body camera debate."..."Over the last year, we have seen a host of changes in the United States criminal justice system.  One such change, the implementation of body cameras on police officers in the field, has been in the media extensively.  The focus of this debate will be on the positives and negatives of body camera use."

0: The Arizona Justice Project will be addressed by two people who know all too well the pain of wrongful convictions; Kalil Rushdan  was granted relief on a claim of vindictive prosecution. Khalil was convicted March of 1997 in Pima
County for 1st degree felony murder. He was

sentenced to life in prison with the possibility of

parole after 25 years. The Federal District Court

overturned Khalil Rushdan’s conviction on evidence of

vindictive prosecution. 

Betty Smithey,

served

49 Years

Commuted Life Sentence Absolute Discharge

Betty Smithey was convicted of 1st degree murder in

1963. Evidence of her mental health was not

introduced at her trial and other problems plagued

her case. Professor Andy Silverman at the University

of Arizona and the Arizona Justice Project represented

Betty for 4 decades, seeking relief from her life

sentence. After multiple recommendations by the

Arizona Board of Executive Clemency for a

commutation of sentence, Governor Brewer

ultimately granted clemency to Betty in 2012. Betty

was released after serving 49 years in prison.

0: Wayne State University  is holding a discussion on Michigan's exoneree compensation bill featuring " State Senator  Steve Bieda, State Representative Stephanie Chang, and the people who it affects most."

0: At an event in Toronto sponsored by AIDWYC Professor Kent Roach  will present a lecture titled "Wrongful Convictions: Who is at Risk and Why?" Professor Kent Roach offered the following explanation as to the importance of this particular topic, “Wrongful convictions raise important and often disturbing questions of professional responsibility for all actors in the criminal justice system.” At a reception, former Canadian League Football (CFL) linebacker Orlando Bowen, who was a victim of police brutality and drug planting, will address the audience at the Second Annual International Wrongful Conviction Day Reception. Mr. Bowen knows only too well the devastation and horrifying consequences of a false accusation. Mr. Bowen explains: “I felt it imperative to be part of Wrongful Conviction Day, because I have a message to impart. I want to put my voice with others to ensure that no other person has to suffer as I and my family did because of a false accusation. A false accusation which could have all too easily lead to a wrongful conviction and even more devastating consequences to me and my family. I believe it is crucial that every member of the public and especially those involved in the criminal justice system should do everything they can to prevent innocent persons from being convicted of crimes they have not committed. I am glad to take part in such an important and necessary day. It is vital for the public to realize how frail our criminal justice system is and to insist that all involved in the process do their jobs properly, honestly and openly to avoid future wrongful convictions. Let my story be a testament that wrongful convictions can happen to anyone!” Also present at the Reception and available for media interviews are individuals who have suffered the terrible pain of wrongful convictions and who represent Canada, Australia and the United States." 

0: A panel to be held at Mount Royal University in Calgary,   hosted by CTV anchor Jocelyn Laidlaw features:  David Milgaard, Exoneree and Advocate for the Wrongly Convicted, Hersh Wolch, Criminal Lawyer, QC., was involved in several wrongly convicted cases including David Milgaard, Steven Truscott & Kyle Unger. Dr. Janne Holmgren, Associate Professor of Justice Studies  in the  Department of Economics, Justice and Policy Studies  at Mount Royal University.  Expert and consultant on criminal DNA evidence, Michelle Christopher, Calgary lawyer and mediator,  Executive  Director of Student Legal Assistance (SLA) and  Adjunct Professor, Faculty of Law at the University of Calgary, runs clinical  courses in poverty law at SLA and (new) wrongful convictions. 

0: I would love to attend the University of Guelph Humber event  which features John Artis a innocent man who shared the ordeal  of a wrongful conviction in New Jersey  with the late  Rubin Hurricane Carter, and has become one of the most articulate lecturers on wrongful convictions. John has been dedicating his life to keeping young people out of  prison.

UP-DATE: Major development: On September 24 2015, the State of Michigan
commemorated October 2, 2015 as 'Wrongful Conviction Day' in  recognition of "the personal, social and legal costs that are associated with wrongful convictions." Michigan becomes the first American state to commemorate Wrongful Convictions Day.

UP-DATE: The Midwest Innocence Project (MIP): To commemorate the day, the MIP also announces new partnerships that expand its services to Iowa and Nebraska in addition to Missouri, Kansas and Arkansas, as well as a new hair microscopy testing project. “Anyone who donates money to the microscopic hair review project will directly support the review of Midwest cases that involved potentially flawed hair microscopy results and could end up freeing an innocent person from prison.”

UP-DATE:  Another first:   The Taiwan Association for Innocence, is participating in Wrongful Conviction Day.  The Association is using the occasion to draw attention to Jin-Kai Lu, who  they believe was wrongfully convicted by flawed DNA Test. According to their press release: "Lu, now 56 years old, was accused of rape and murder in 1993. The HLA-DQαDNA test showed that Lu’s DNA matched the physical evidence secured at the crime scene. Although Lu maintained his innocence, he was convicted of rape and sentenced for 20 years. However, in the following trial of Lu’s co-defendant, the court ordered a STR－DNA test, which showed that Lu was excluded, only the DNA of the co-defendant was found. Based on the new STR result, Lu has been petitioned for retrial since 2007, but has not been granted one till today.  Lu had served 19 years for a crime he did not commit. He is now on parole, and still fights for his innocence. TAI has joined Innocence Network in 2015, an affiliation of organizations around the world dedicated to individuals seeking to prove innocence of crimes for which they have been convicted. Wrongful convictions are identified in criminal justice systems worldwide. Wrongful Conviction Day is to raise the awareness about the miscarriage of justice. TAI will continue to fight for Lu’s exoneration. We will keep on knocking the door of the Court for Lu’s retrial."

Bulletin: Richard Glossip: Oklahoma; "New twists" in the killer drug fiasco that lead to the stay of execution raise questions about the future of lethal injections: "The case took another twist on Thursday afternoon when Oklahoma Attorney General E. Scott Pruitt asked that Glossip’s execution — and the two other executions scheduled in Oklahoma during the month of November — be suspended indefinitely so that his office could investigate the Oklahoma Department of Corrections acquisition of a drug “contrary to protocol.”...“There are only so many times they can say something was an isolated incident or an accident,” says Denno. “If you look at lethal injection from the very beginning, there have been endless ‘isolated incidents.’ At some point, it’s not an isolated incident but extraordinary recklessness.” Jennifer Gerson Uffalussy. Yahoo News.

On Wednesday, Sept. 30, Republican Gov. Mary Fallin of Oklahoma granted a last-minute stay of execution for Richard Glossip, the man whose name appeared before the Supreme Court earlier this year in a case to determine the constitutionality of the controversial drug midazolam as a lethal injection ingredient used by the state. Fallin issued her stay minutes before Glossip’s scheduled execution (he was prepared and pacing in his death cell, wearing only boxer shorts), after it became apparent that the final drug in the state’s approved three drug protocol, potassium chloride — which is injected to stop the heart and cause death — had not been procured for Glossip’s execution. Potassium acetate, which is another drug altogether, had been mysteriously substituted in its place. The case took another twist on Thursday afternoon when Oklahoma Attorney General E. Scott Pruitt asked that Glossip’s execution — and the two other executions scheduled in Oklahoma during the month of November — be suspended indefinitely so that his office could investigate the Oklahoma Department of Corrections acquisition of a drug “contrary to protocol. “Because of the secrecy [surrounding the administration of the death penalty], we can only read through the lines of what we know and read,” Deborah W. Denno, the Arthur A. McGivney Professor of Law at Fordham University School of Law and a leading expert on the legal issues surrounding the death penalty tells Yahoo Health. “The secrecy is going to shield a lot of information that would be very revealing about what happened.” What we do know, however, is that this latest news in the story of Richard Glossip and his death penalty sentence is yet another variation on a theme of lethal-injection ineptitude that has been happening for years now in the United States. “There are only so many times they can say something was an isolated incident or an accident,” says Denno. “If you look at lethal injection from the very beginning, there have been endless ‘isolated incidents.’ At some point, it’s not an isolated incident but extraordinary recklessness.”...After the infamously botched execution of Clayton Lockett in Oklahoma in 2014 (Lockett suffered a prolonged death and was in obvious pain as he gasped for air), during which the execution team failed to follow the written protocol, the state revamped its protocol to assure the courts and the public that necessary changes had been made to fix what was broken. And yet, the slew of stays of execution show “the same level of carelessness all over again, and this raises significant concerns about this Department of Corrections’ ability to appropriately carry out executions,” says McCracken.
https://www.yahoo.com/health/new-twist-in-richard-glossip-1268977914331190.html

Bulletin: Ragesh and Nupur Talwar; Talvar, a movie centered on a notorious, shameful, disgraceful, brazen wrongful conviction - so cruel and unfair to the grieving Talwars) opens in India today; October 2, 2015 which happens to be 'Wrongful Conviction Day'. The Times of India calls 'Talvar,' "The film that will shake your beliefs."

Publisher's Note: A brilliant approach: The Times of India notes that, as the sensational Noida double murder debate resumes on the big screen today, "those impacted by the case tell us why it is a must-watch." Here is but a few of them. Go to  the link for the rest:

Harold Levy: Publisher; The Charles Smith Blog;

Dinesh Talwar, Rajesh's brother: "Couldn't go through the records? Watch the film." The film tells all sides - be it the police's investigation, the CBI case, and even the accounts of the parents. It is based on hard facts and not hearsay. To the average individual who has followed this case, I would say - since you do not have the time and patience to go through the court records, watch this movie. 

Shree Paradkar, Aarushi's aunt:  "Watch it to realise how they could be any of us."  We feasted like vultures on the murders, the truth be damned. I want people to watch the film and realise how Rajesh and Nupur Talwar were just ordinary urban Indians - they could be any of us. I want people to see how easily they were manipulated by the narratives fed to them.

Fiza Jha, Aarushi's classmate."It's about developing a sense of questioning."
A debate after the film, as opposed to a value judgement, is important. It's really not about ascertaining what happened, or who the culprits are. It's about developing a sense of questioning of where we get our facts from, how to ensure accountability of systems like the police and CBI, if justice can ever be granted in this case, and how to create a society where this cannot recur.      Govan Mehta, Aarushi's senior:   

"We'll know the truth through this film. We walked from DPS Noida to her house and we also marched at Jantar Mantar then - we wanted the truth to come out. I have seen all this happening in front of my eyes. We were so angry with what had happened... years have passed but it has remained the same way. I am glad that Vishal Bhardwaj has decided to make a film on this issue because now we will know the truth, which has been hidden for so long, through this film. I am going to watch the movie today.                                                                                                                            

 Arushi's Vikas: Aarshi's  schoolmate;  "I just hope the movie gives people a reason to at least listen to uncle and aunty."
As her friend, I expect that she shouldn't be presented in a negative light just because there were some conjectures about her character by some CBI officer, which haven't even been proven. And thanks to the media, people now think that she was a 'characterless' girl. I am as clueless about what happened as anyone else, but that doesn't mean I draft theories in my own head and then defame someone who cannot even protect herself anymore.That's all I expect from the movie. Being a law student, I know the case has a lot of loopholes, but I can't believe that uncle and aunty (the Talwars), or in fact any parents, would do that to their only daughter. Also, I have seen them together; I know how they were. I just hope the movie gives people a reason to at least listen to uncle and aunty and their side of the story. The media does have a great impact - it forces people to think in one particular manner, and that's exactly what happened. I hope the movie goes into all these aspects.

http://timesofindia.indiatimes.com/entertainment/hindi/bollywood/news/Talvar-The-film-that-will-shake-your-beliefs/articleshow/49183210.cms

Bulletin: Daniel Green; Danvers. Massachusetts: (Dr. Alice Newton case); Man living in hotel sentenced in assault on son; "At trial, Hopwood presented testimony that proved that on Nov. 27, 2012, Daniel and Samantha Rose-Green brought their infant son to Beverly Hospital because he was having difficulty breathing. The infant was then transferred to Boston Children’s Hospital. His injuries included a brain hemorrhage, hemorrhages on both retinas, a bruised spleen and a bruised spinal cord. Dr. Alice Newton from Boston Children’s Hospital, testified that these injuries were the result of intentional physical abuse. The child, now 3 and in foster care, has severely impaired vision and suffers from significant developmental delays."

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 1 day. For information: http://www.aidwyc.org/wcd-2015/

"A 30-year-old man was sentenced to 9 to 15 years in state prison for physically assaulting his then 3-month-old son in Lawrence Superior Court. Superior Court Judge Mary Ames imposed the sentence on Sept. 24, a month after finding Daniel Green guilty of assault and battery on a child causing substantial bodily injury following a bench trial on Aug. 24. Green and his family were living at a hotel on Route 1 in Danvers at the time of the assault. Essex Assistant District Attorney Karen Hopwood requested 12 to 15 years, stating that the injuries were so serious that the child was initially not expected to survive. At trial, Hopwood presented testimony that proved that on Nov. 27, 2012, Daniel and Samantha Rose-Green brought their infant son to Beverly Hospital because he was having difficulty breathing. The infant was then transferred to Boston Children’s Hospital. His injuries included a brain hemorrhage, hemorrhages on both retinas, a bruised spleen and a bruised spinal cord.Dr. Alice Newton from Boston Children’s Hospital, testified that these injuries were the result of intentional physical abuse. The child, now 3 and in foster care, has severely impaired vision and suffers from significant developmental delays."

http://danvers.wickedlocal.com/article/20150930/NEWS/150939711

Bulletin: Richard Glossip; Oklahoma; News9 sets out to find: "What exactly happened Wednesday afternoon involving the drug cocktail just before Glossip was scheduled to die."...“We were surprised to hear that the DOC substituted one drug for another in the protocol,” Glossip’s attorney Dale Baich said. “Back in August we received a letter stating that potassium chloride would be one of the drugs used.” After Governor Fallin and Attorney General Scott Pruitt discussed the incident, Governor Fallin issued Glossip’s stay. It will allow time to figure out if potassium acetate is compliant with the state's execution procedure, and, bottom line, how and if a mistake was made."

 Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 1 days. For information: http://www.aidwyc.org/wcd-2015/

"News 9 is looking into more details as to what exactly happened Wednesday afternoon involving the drug cocktail just before Glossip was scheduled to die....“It is a very, very serious matter for the state that none of us take lightly, and it’s important to get it right,” Governor Mary Fallin said. But when DOC officials went for the drugs to conduct Richard Glossip's execution, something wasn't right. There are three drugs in the cocktail one of which is potassium chloride, but in Glossip's case, the state somehow ended up with potassium acetate. That drug is not listed in the protocol of drugs used in Oklahoma executions. Governor Fallin found out about the dilemma Wednesday afternoon when she got a call from the attorney general. “The Department of Corrections had notified him that they were wanting to ask and clarify if they had the appropriate mixture with the potassium,” Fallin said. ...“We were surprised to hear that the DOC substituted one drug for another in the protocol,” Glossip’s attorney Dale Baich said. “Back in August we received a letter stating that potassium chloride would be one of the drugs used.” After Governor Fallin and Attorney General Scott Pruitt discussed the incident, Governor Fallin issued Glossip’s stay. It will allow time to figure out if potassium acetate is compliant with the state's execution procedure, and, bottom line, how and if a mistake was made.
 http://www.news9.com/story/30158169/drug-cocktail-called-into-question-in-richard-glossip-execution

Bulletin: Grits for Breakfast says we should keep our eyes on the "packed agenda" for Friday's meeting of the Texas Forensic Science Commission Meeting. (The session just happens to fall on 'Wrongful Conviction Day'. HL): Some of the issues of interest to the readers of this Blog are: Updates from two investigative panels on toolmark cases; Update from investigative panel on digital forensics; Update from bite-mark panel; Update from hair microscopy pane; Update from DNA mixture panel; Update on arson case review and implementation of recommendations; Update on status of Morton/Brady training for forensic scientists."

Countdown to Wrongful Conviction Day:  Friday, October 2,  2105; 1 days. For information: http://www.aidwyc.org/wcd-2015/

"What a packed agenda at the Texas Forensic Science Commission on Friday in Austin! Take a look, there's a lot happening. Here's a non-comprehensive taste of the issues they'll cover: Two new lab disclosures and five new complaints; Discuss crime-lab accreditation program (shifted from DPS to FSC this session);Discuss status of forensic licensure requirement (must be implemented by 2019);  Updates from two investigative panels on toolmark cases;  Update from investigative panel on digital forensics; Update from bite-mark panel; Update from hair microscopy panel; Update from DNA mixture panel; Update on arson case review and implementation of recommendations; Update on status of Morton/Brady training for forensic scientists... Grits has complained for years that a lot of important stuff happens at the FSC and almost nobody in the media covers it. At the last FSC meeting there were two reporters there (Michael Hall from Texas Monthly and Brandi Grissom from the Dallas News), which is a lot for these events."
http://gritsforbreakfast.blogspot.ca/2015/09/packed-agenda-at-tx-forensic-commission.html