Friday, July 6, 2018

Robert Wilkes: Montana: Shaken baby syndrome case: "'Overwhelming' medical evidence helps overturn Missoula father's homicide conviction," The Missoulian reports. (Reporter Dillon Kato: "A District Court judge has overturned the 2009 homicide conviction of Robert Wilkes, marking yet another court victory for the Montana Innocence Project. Wilkes’ 3-month-old son Gabriel died in October 2008. More than a year later, Wilkes was convicted in the baby's death, and sentenced to 40 years in prison. The Montana Innocence Project began to look into his case in 2012, finding that Gabriel had no signs of abuse and that the prosecution relied on the theory of Shaken Baby Syndrome in Wilkes' case. The Innocence Project gathered a series of medical experts from around the country to review the case. They determined a number of other likely causes of his death. Also, the medical examiner who performed the autopsy had listed the cause of death as “undetermined,” something Wilkes’ defense attorney did not present at trial."


PASSAGE OF THE DAY: "Prosecutors can now appeal Haynes’ order, re-try Wilkes, or dismiss the case. In recent years, the Montana Innocence Project has obtained exonerations for several clients, including Cody Marble, Richard Raugust, Paul Jenkins and Fred Lawrence. A Missoula County judge is expected to rule later this year in another of the Montana Innocence Project’s cases, that of Katie Garding. Garding was convicted in 2011 of vehicular homicide in the hit-and-run death of an East Missoula man, but the Innocence Project is challenging her conviction, citing new information it believes shows she did not commit the crime."

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STORY: "Overwhelming' medical evidence helps overturn Missoula father's homicide conviction," by reporter Dillon Kato, published by The Missoulian on July 2, 2018.


Thursday, July 5, 2018

Rape Kits: Part Four: Michael Mercer: New York: 'End the backlog' - an organization dedicated to eliminate America's backlog - shows how New York's project for testing all the rape kits in its storage facilities saved an innocent man..."DA Morgenthau also said he had learned of the new evidence just days before and moved quickly to confirm it and put Mercer's release in motion. If not for New York City's rape kit backlog project, Michael Mercer might have spent the rest of his life in prison for a crime he did not commit. By testing every rape kit in its storage facilities—regardless of how old the case was, whether it was solved by other means or whether the perpetrator was known to the survivor or a stranger—the city was able to take advantage of dramatic advances in DNA technology and to bring justice not only to Mercer, but also to countless survivors who had waited for far too long."


PASSAGE OF THE DAY: "The first trial ended with a hung jury, but a second jury convicted Mercer. His sentence was 20 ½ to 41 years in prison. Mercer appealed his conviction on grounds of ineffective counsel and an excessive sentence, but the Appellate Division affirmed it unanimously. He filed motions seeking DNA testing, but the court denied them, finding there was no DNA to be tested.By March 2000, DNA technology was improving, and New York City had begun its project of testing all the rape kits in its storage facilities. Around this same time, state law required all felons to provide a sample for the DNA database. Mercer provided a sample in 2001. The evidence from Mercer's case went to a private laboratory in January 2003, and an analyst was able to develop a DNA profile. That profile did not belong to Mercer. It belonged to another man, who was already serving two life terms for armed robbery, rape and other crimes. He could not be charged with this rape, however, because the statute of limitations had expired. The actual assailant and Mercer shared many similarities, including closeness in age and physical appearance."

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POST: "Between the Cracks: Exonerating the Innocent," by Elizabeth Swavola,  published by   'End the backlog' on March 28, 2014. ("(A) program of the Joyful Heart Foundation to shine a light on the backlog of untested rape kits throughout the United States. Our goal is to end this injustice by conducting groundbreaking research identifying the extent of the nation's backlog and best practices for eliminating it, expanding the national dialogue on rape kit testing through increased public awareness, engaging communities and government agencies and officials and advocating for comprehensive rape kit reform legislation and policies at the local, state and federal levels. We urge you to learn more about the backlog, where it exists and why it matters. We invite you to take action and support efforts to test rape kits. Help us send the message that we must take rape seriously.")


GIST: "To continue with our series on the powerful benefits of testing every rape kit booked into evidence, we turn to one of the many cases solved after New York City cleared its backlog. In March 1991, a 17-year-old girl was accosted in the elevator of the Manhattan apartment building where she lived. Her assailant forced her to the building's roof and then raped and robbed her. For two months, the survivor stayed with relatives and avoided returning home, the scene of her assault. When she did finally return to her building on May 18,1991, she saw a man whom she believed was the assailant. She called the police and followed the man, whose name was Michael Mercer. Mercer was arrested, charged with rape, sodomy and robbery, and tried twice in 1992. A serologist testified at both trials that analysis of slides from the rape kit revealed no evidence of male DNA, and the kit and its content remained in storage. The first trial ended with a hung jury, but a second jury convicted Mercer. His sentence was 20 ½ to 41 years in prison. Mercer appealed his conviction on grounds of ineffective counsel and an excessive sentence, but the Appellate Division affirmed it unanimously. He filed motions seeking DNA testing, but the court denied them, finding there was no DNA to be tested. By March 2000, DNA technology was improving, and New York City had begun its project of testing all the rape kits in its storage facilities. Around this same time, state law required all felons to provide a sample for the DNA database. Mercer provided a sample in 2001. The evidence from Mercer's case went to a private laboratory in January 2003, and an analyst was able to develop a DNA profile. That profile did not belong to Mercer. It belonged to another man, who was already serving two life terms for armed robbery, rape and other crimes. He could not be charged with this rape, however, because the statute of limitations had expired. The actual assailant and Mercer shared many similarities, including closeness in age and physical appearance. At the time of the rape, Mercer was a frequent visitor to a friend who lived on the 12th floor of the survivor's building, and oddly enough, when the assailant entered the elevator right before the rape, he pushed the button for the 12th floor. Mercer had acknowledged that he saw the survivor in the building from time to time in March or April 1991. Upon Mercer's release from prison after 12 years, then Manhattan District Attorney Robert Morgenthau said: "We are grateful that DNA technology allowed us to exonerate an innocent man and we deeply regret that we were not able to do so sooner." DA Morgenthau also said he had learned of the new evidence just days before and moved quickly to confirm it and put Mercer's release in motion. If not for New York City's rape kit backlog project, Michael Mercer might have spent the rest of his life in prison for a crime he did not commit. By testing every rape kit in its storage facilities—regardless of how old the case was, whether it was solved by other means or whether the perpetrator was known to the survivor or a stranger—the city was able to take advantage of dramatic advances in DNA technology and to bring justice not only to Mercer, but also to countless survivors who had waited for far too long. In Detroit, as the city now works to clear its rape kit backlog, the Prosecutor's Office there is proactively undertaking efforts to exonerate innocent suspects. The Office has partnered with the Michigan State Appellate Defender Office (SADO) to evaluate whether any of the city's more than 11,000 backlogged kits could potentially exonerate someone who was wrongfully convicted of an offense without DNA analysis. SADO received a two-year grant from the Department of Justice's Post Conviction DNA Testing Assistance Program to identify possible cases of wrongful conviction and analyze the evidence in those cases. Prosecutor Kym Worthy has said that while her office has not come across any such cases yet, it is a possibility. She added that should they find any cases of wrongful conviction, the office would proceed accordingly, including releasing the defendant or ordering a new trial. In recent years, the advances in DNA technology have revolutionized law enforcement's ability to solve and prevent crime. Clearing a rape kit backlog can present a critical opportunity to use the current technology for cases that occurred before those advances. Going forward, sending all newly collected kits for testing can prevent grave injustices like those Michael Mercer and the survivor in his case suffered." Help us send the message  that we must take rape seriously."

The entire post can be found at:
http://www.endthebacklog.org/blog/between-cracks-exonerating-innocent

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;



Wednesday, July 4, 2018

Kevin Cooper: California: Major Development: The San Francisco Chronicle (reporter Bob Egelko) reports that Gov. Jerry Brown is "seriously considering ordering new DNA tests of evidence in four 1983 murders. (The condemned prisoner contends the findings would clear him.)..."It was the first public response from Brown's office since Cooper's lawyers asked for the reprieve and new DNA testing in February 2016. It also comes less than two months after the New York Times posted an extensive article by columnist Nicholas Kristof, who pored over the case and concluded that Cooper had probably been framed.)


PASSAGE OF THE DAY: "Cooper came within eight hours of execution in 2004, when the Ninth U.S. Circuit Court of Appeals issued a stay and ordered DNA testing of a bloody T-shirt found near the victims' home. Cooper's DNA was found on the shirt, and a majority of the court reaffirmed his death sentence. But in a 101-page dissent from the court's refusal to reconsider the case, Judge William Fletcher said Cooper "is probably innocent." Fletcher, joined by four colleagues, said the judge overseeing the case had discounted evidence of preservatives in the blood sample — an indication, he said, that officers had taken the blood from a lab and sprinkled it on the shirt in order to frame Cooper. Fletcher also said a potential witness had told officers that her boyfriend, a convicted murderer named Lee Furrow, had worn a T-shirt like the one found near the murder scene and had a hatchet that resembled descriptions of the murder weapon. Police retrieved a pair of bloody coveralls from Furrow but later destroyed them without testing them, Fletcher said. Cooper's lawyers contend that modern-day DNA testing would point to someone else as the killer."

STORY: "Gov. Jerry Brown hints at new DNA testing in Kevin Cooper murder case," by reporter Bob Egelko, published by The San Francisco Chronicle on July 3, 2018. (Bob Egelko has been a reporter since June 1970. He spent 30 years with the Associated Press, covering news, politics and occasionally sports in Los Angeles, San Diego and Sacramento, and legal affairs in San Francisco from 1984 onward. He worked for the San Francisco Examiner for five months in 2000, then joined The Chronicle in November 2000.His beat includes state and federal courts in California, the Supreme Court and the State Bar.)

PHOTO CAPTION:  "An undated California Department of Corrections and Rehabilitation photo of Kevin Cooper, convicted of killing four people in San Bernardino County in 1983."

 GIST:  "Gov. Jerry Brown indicated Tuesday he was seriously considering ordering new DNA testing of evidence in four 1983 murders at the request of a condemned prisoner, who says the findings could clear him. Brown's legal affairs secretary, Peter Krause, stopped short of committing the governor's office to granting Kevin Cooper a reprieve that would allow re-examination of the evidence. But Krause said in a letter to Cooper's lawyer that the inmate's allegations that investigators planted evidence leading to his conviction "clearly deserve the serious consideration they have received." Krause asked defense attorney Norman Hile a series of questions, including which items he wanted tested, what he thought the tests would show and whether he had a forensic laboratory to recommend. Krause also noted other violent crimes Cooper had been accused of committing and asked why authorities would have planted evidence against him. He asked for a written reply by Aug. 17 and said he would then give prosecutors in San Bernardino County, where Cooper was convicted, a chance to respond. It was the first public response from Brown's office since Cooper's lawyers asked for the reprieve and new DNA testing in February 2016. It also comes less than two months after the New York Times posted an extensive article by columnist Nicholas Kristof, who pored over the case and concluded that Cooper had probably been framed. Hile declined to comment Tuesday, saying he wanted to review Krause's letter. Cooper, now 60, was convicted of fatally slashing a man, a woman and two children in the town of Chino Hills in June 1983, shortly after escaping from a nearby prison, where he was serving a sentence for burglary. He is one of more than 20 prisoners in California who have lost the final court appeals of their death sentences. Their cases are on hold while a federal judge in San Francisco considers challenges to the state's untested procedures for single-drug executions. Cooper came within eight hours of execution in 2004, when the Ninth U.S. Circuit Court of Appeals issued a stay and ordered DNA testing of a bloody T-shirt found near the victims' home. Cooper's DNA was found on the shirt, and a majority of the court reaffirmed his death sentence. But in a 101-page dissent from the court's refusal to reconsider the case, Judge William Fletcher said Cooper "is probably innocent." Fletcher, joined by four colleagues, said the judge overseeing the case had discounted evidence of preservatives in the blood sample — an indication, he said, that officers had taken the blood from a lab and sprinkled it on the shirt in order to frame Cooper. Fletcher also said a potential witness had told officers that her boyfriend, a convicted murderer named Lee Furrow, had worn a T-shirt like the one found near the murder scene and had a hatchet that resembled descriptions of the murder weapon. Police retrieved a pair of bloody coveralls from Furrow but later destroyed them without testing them, Fletcher said. Cooper's lawyers contend that modern-day DNA testing would point to someone else as the killer. Krause, Brown's legal secretary, asked in his letter to Cooper's lawyer whether a DNA sample from Furrow or another alleged suspect was available. If additional testing shows only the presence of DNA of unknown origin, which could have come from anyone who handled the materials, Krause asked, "how would such a result aid in the determination of Mr. Cooper's guilt or innocence?""

The entire story can be found at: 
https://www.sfchronicle.com/crime/article/Gov-Jerry-Brown-hints-at-new-DNA-testing-in-13048256.php

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

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Tune into The Charles Smith Blog at:

http://www.smithforensic.blogspot.com

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Tuesday, July 3, 2018

Henry Keogh: South Australia; (A case tainted by Dr. Colin Manock, South Australia's then-chief forensic pathologist.) Major Development: The S.A. Government has finally granted compenstion, "ABC News reports. (Reporter Isabel Dayman)..."Mr Keogh was found guilty of murdering his fiancé Anna-Jane Cheney in 1995 and was sentenced to life imprisonment with a non-parole period of 25 years. He has always maintained his innocence, and made several attempts at freedom during his jail term before his conviction was ultimately quashed in December, 2014. The Supreme Court found the original case against Mr Keogh had been tainted by the unreliable and misleading evidence given by South Australia's then-chief forensic pathologist, Dr Colin Manock. Mr Keogh was convicted of drowning Ms Cheney in a bath at the couple's Magill home in Adelaide's north-eastern suburbs. That conviction was overturned by the Court of Criminal Appeal after it found there had been a miscarriage of justice due to flawed forensic evidence. The court heard Dr Manock, who testified at the trial that Ms Cheney was held under the water, later changed his mind about crucial evidence."

Henry Keogh hoping to move on after compensation payment - ABC News (Australian Broadcasting Corporation)
Henry Keogh hoping to move on after compensation payment - ABC News (Australian Broadcasting Corporation)
Henry Keogh hoping to move on after compensation payment - ABC News (Australian Broadcasting Corporation)PUBLISHER'S NOTE: Henry Keogh pays gracious tribute to Dr.  Bob Moles, the "academic" who played an enormous role for many years in helping secure Keogh's  exoneration and recently announced "ex gratia" payment. (Dr. Moles also has managed to successfully fight for independent criminal case review processes - thereby opening the door to other wrongly convicted individuals who  otherwise would have been left to the whims of interested  politicians to decide their fate). I am grateful to Dr. Moles for all of the background, commentary and analysis he has provided to this Blog for our readers over the years on the Keogh case, and on many other Australian cases - and for his guidance and friendship.

Harold Levy: Publisher; The Charles Smith Blog.

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Henry Keogh hoping to move on after compensation payment - ABC News (Australian Broadcasting Corporation)QUOTE OF THE DAY: "Henry Keogh, 62, said no amount of money would ever make up for the time he wrongly spent behind bars. "You can't put a price on 20 years," he said. "[But] I can move forward with my life and have some degree of financial independence and security for me and my family."

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Henry Keogh hoping to move on after compensation payment - ABC News (Australian Broadcasting Corporation)
STORY: "Henry Keogh hoping to move on after compensation payment," by reporter Isabel Dayman, published by ABC News on July 2, 2018.

GIST: "An Adelaide man who spent 20 years in prison only to have his murder conviction quashed in 2014 has welcomed the South Australian Government's decision to pay him $2.5 million in compensation. The State Government on Monday announced it had signed a deed agreeing to grant the ex gratia payment, which it said would help to ensure South Australian taxpayers were protected from any future litigation. Henry Keogh, 62, said no amount of money would ever make up for the time he wrongly spent behind bars. "You can't put a price on 20 years," he said. "[But] I can move forward with my life and have some degree of financial independence and security for me and my family." Mr Keogh was found guilty of murdering his fiancĂ© Anna-Jane Cheney in 1995 and was sentenced to life imprisonment with a non-parole period of 25 years. He has always maintained his innocence, and made several attempts at freedom during his jail term before his conviction was ultimately quashed in December, 2014. The Supreme Court found the original case against Mr Keogh had been tainted by the unreliable and misleading evidence given by South Australia's then-chief forensic pathologist, Dr Colin Manock. Mr Keogh was convicted of drowning Ms Cheney in a bath at the couple's Magill home in Adelaide's north-eastern suburbs. That conviction was overturned by the Court of Criminal Appeal after it found there had been a miscarriage of justice due to flawed forensic evidence. The court heard Dr Manock, who testified at the trial that Ms Cheney was held under the water, later changed his mind about crucial evidence. Mr Keogh was released from prison, but in 2015 the Director of Public Prosecutions dropped his murder charge rather than holding a retrial. "Of sorts it has [vindicated me] but I've gotten most of my vindication from the finding of the [Supreme Court]," Mr Keogh said. "That's all the vindication I need. "Those that know me know that I'm innocent, and that's all that's important to me. "For my part in this… as the principal actor… [this is the end]… but I still think there are problems with the legal system. "Any legal system that is mature enough can admit that it got it wrong… but [it should] more importantly, take steps to prevent it from happening again." Mr Keogh said he was thankful to his legal team, and to Dr Bob Moles, an academic who wrote extensively about the "miscarriage of justice". The family of Anna-Jane Cheney has requested privacy at this time."
The entire story can be read at:
http://mobile.abc.net.au/news/2018-07-02/henry-keogh-hoping-to-move-on-after-compensation-payment/9932560?pfmredir=sm

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Read the Wikipedia report - with details of Manock's role - at the link below: "Complaints raised by the petitions: Keogh's defence team have raised a number of complaints concerning evidence that has come to light since Keogh's final appeal.

No presence of bruise:

Manock, when photographing the body, saw what he believed to be four bruises on the left calf of Cheney, caused by what he believed to be a grip mark. When a sample was taken of the thumb bruise and examined for bruising, the result was negative.[11] Despite this, this apparent bruise was used in Manock's proposed theory that Keogh had gripped Cheney's legs to hold her underwater in the bath, drowning her. When asked about the age of the bruises during the trial, he responded: "I could find no evidence of white blood-cell migration into the areas and therefore, I felt they were peri-mortem. In other words, they’d occurred close to the time of death. I felt that was probably within 4 hours." [12] The Prosecution stated during the trial: "But there are two things, you might think, that are crucial to this case. If those four bruises on her lower left leg were inflicted at the same time, and that time was just before she died in the bath, there is no other explanation for them, other than a grip. If it was a grip, it must have been the grip of the accused. If it was the grip of the accused, it must have been part of the act of murder."[13] Manock has since stated that the bruise could have occurred up to a number of days prior to Cheney's death.[11]

Infeasibility of drowning scenario: 

The method of drowning proposed by Manock was not possible when the physical location of the bath against the wall was considered, requiring an attacker to be positioned where a wall was located.[11] Manock did not visit the scene until three months after the drowning theory was proposed.[12] Maciej Henneberg, Professor of Anatomy at the University of Adelaide, South Australia, has stated that it would be impossible to drown someone by holding their legs over their head, as the power of the extensor muscles in a woman’s leg would always be greater than the power which a man could exert through a fingertip grip of the woman’s calf as proposed by Manock.[12]

Lack of review of autopsy:

Cheney's body was released for cremation on the same day that her death was considered a murder. The body was not examined by anybody other than Manock.

Lack of consideration of other possibilities by Manock:

Manock stated at the committal hearing in Mr Keogh’s case that: “I was at no time looking or thinking that the death was accidental because I could find no explanation as to why she would drown.” Photographs taken at the scene reportedly show marks and swelling which may indicate the possibility of a severe allergic reaction. Manock did not at any stage review the medical records of Cheney.[12]

No control of scene of death:

The scene of Cheney's death was not cordoned off nor controlled by police, and photos taken at the scene reportedly appear to show that Cheney's body had been 'tidied up'. Keogh's defence claim that this is evidence that the body was tampered with.[14] Only three days following Cheney's death was the death considered suspicious."
https://en.wikipedia.org/wiki/Henry_Keogh

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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Rape kits; (Part 2): Major Development: Actor Mariska Hargitay, of Law and Order fame, has produced a new HBO documentary about untested rape kits..."As a much-needed part of the conversation around sexual assault, the film looks at the epidemic of untested rape kits in America and considers how society can better support survivors of sexual assault. Because — let’s be honest — we need to do more. Currently, an estimated hundreds of thousands of untested rape kits sit in police storage around the country, according to The Huffington Post. (Yes, you read that right. Hundreds of thousands.) It’s bad enough that sexual assault survivors are often forced to pay for their own rape kits, but the fact that so many of them go untested is completely unacceptable."


QUOTE OF THE DAY: "To me, the backlog is one of the clearest and most shocking demonstrations of how we regard these crimes in our society," Hargitay says in the documentary. "Testing rape kits sends a fundamental and crucial message to victims of sexual violence: You matter. What happened to you matters. Your case matters." Now, I Am Evidence — which (aired)  Monday, April 16th at 8 p.m. EST on HBO — takes a look at this massive problem that reduces trauma survivors to boxes of evidence that remain largely untouched. "The fact of the matter is, if we have DNA testing, if we have the ability to fix this problem and we don't test these kits, we're saying that sexual assault is not important," Hargitay continues. "I want survivors to feel heard and know that they matter, and that violence against women matters, and that we walk in hand with you to a better way of life for everyone."

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STORY: "Rape kit; Mariska Hargitay's new HBO documentary about untested rape kits would make her Law and  Order SVU (Special Victims Unit) alter ego proud," by Jandra Sutton, published by  hellogiggles.com on April 14, 2018.

GIST: "April is Sexual Assault Awareness Month, which means it’s almost time for I am Evidence, an upcoming HBO documentary produced by Law and  Order: SVU actress Mariska Hargitay. As a much-needed part of the conversation around sexual assault, the film looks at the epidemic of untested rape kits in America and considers how society can better support survivors of sexual assault. Because — let’s be honest — we need to do more. Currently, an estimated hundreds of thousands of untested rape kits sit in police storage around the country, according to The Huffington Post. (Yes, you read that right. Hundreds of thousands.) It’s bad enough that sexual assault survivors are often forced to pay for their own rape kits, but the fact that so many of them go untested is completely unacceptable. "To me, the backlog is one of the clearest and most shocking demonstrations of how we regard these crimes in our society," Hargitay says in the documentary. "Testing rape kits sends a fundamental and crucial message to victims of sexual violence: You matter. What happened to you matters. Your case matters." Now, I Am Evidence — which airs Monday, April 16th at 8 p.m. EST on HBO — takes a look at this massive problem that reduces trauma survivors to boxes of evidence that remain largely untouched. "The fact of the matter is, if we have DNA testing, if we have the ability to fix this problem and we don't test these kits, we're saying that sexual assault is not important," Hargitay continues. "I want survivors to feel heard and know that they matter, and that violence against women matters, and that we walk in hand with you to a better way of life for everyone." We couldn’t agree more with Olivia Benson, erm, Mariska Hargitay. And we love how she used her passion for her work to pursue much-needed change in the real world. Testing rape kits is *beyond* crucial. Not only can it help confirm rapists’ identities, it can also help police track down serial rapists. Which, let’s be honest, is a critical step in protecting more people from becoming victims of sexual assault. We’re proud of Mariska Hargitay for shedding light on this nationwide problem that demands our immediate attention."

The entire story can be found at: 
https://hellogiggles.com/news/mariska-hargitay-i-am-evidence-documentary/

The HBO Home site for "I am evidence" can be found at the link below: "I Am Evidence exposes the shocking number of untested rape kits in the United States today, estimated to be in the hundreds of thousands. Despite the power of DNA to solve and prevent crimes, these kits containing potentially crucial evidence languish untested in police evidence storage rooms. Behind each of these kits lies an individual’s unresolved sexual assault case. The film introduces viewers to several of these survivors, who still await justice, as well as the prosecutors, investigators, advocates and journalists fighting on their behalf. Already an underreported crime, rape has one of the lowest arrest rates of all violent crimes in the U.S., hovering near a national average of 20 percent. Even lower are prosecution rates, which are close to 4 percent, and conviction rates, which are close to 2 percent. DNA evidence contained in rape kits can identify a suspect, affirm a survivor’s account, exonerate the innocent, and identify serial offenders. Despite this, kits, and by extension, victims have been shelved for decades, in some cases while the perpetrators of violent sexual crimes remain free. Most jurisdictions do not track rape kits, most states do not require testing, and very few prohibit the destruction of rape evidence. The film explores why the rape kit backlog exists and highlights the law enforcement officials who are leading the charge to work through the backlog and pursue long-awaited justice in these cases. In 2009, over 11,000 untested rape kits were discovered in Detroit. Wayne County Prosecutor Kym Worthy fought to have all the kits tested, a process that is now nearly complete. Through her work, over 780 suspected serial rapists have been identified, and there have been 50 convictions based on the DNA results from the previously untested kits. In Ohio, former Cuyahoga County prosecutor Tim McGinty created a task force that undertook the testing of 5,000 backlogged kits, leading to the identification of more than 410 suspected serial rapists, who have been linked to more than 1,127 victims. Additionally, I Am Evidence follows survivors’ experiences as they trace the fates of their kits and re-engage in the criminal justice process, which shows the disturbing pattern of how the system has historically treated sexual assault victims. Testing every rape kit sends a clear and powerful message to survivors that they matter — and that there is a path to healing and justice."
 https://www.hbo.com/documentaries/i-am-evidence-doc

Read  Nick Allen's review of "I am evidence" at the link below:  “This is not just a kit. This is a person.” That sentiment is rife throughout the powerful, informative documentary “I Am Evidence,” which addresses the horrific backlog of rape kits in different cities. The film, airing tonight on HBO, starts with an abandoned warehouse in Detroit, where the stories of 4,000+ survivors of rape have been abandoned for reasons that directly correlate to the value that a system has for the non-privileged. But that is just one city, and one neglected storage of boxes, that have been treated with the same lack of care, derived from an unquestionable legacy of racism, sexism and classism.  “I Am Evidence” paints a shocking, full picture about the thousands of kits around the country that have been forgotten in a backlog or destroyed, and the system that could let such a horrific thing happen. At the same time, the film offers examples of the justice that can come from recognizing these kits, and in the process honors the survivors and their stories. “I Am Evidence” will be undoubtedly eye-opening for any person.  In its righteous outrage, “I Am Evidence” pulls no punches, and is unafraid to call out the system (an attitude which often makes for cringing talking-head interviews from white men in positions of power) about the way sexual assault cases are handled. With the case of a black woman in Detroit like Ericka, she talks about giving up on her kit the day the police received it, the systemic injustice about her trauma equal to the thousands of other kits in an abandoned warehouse. Other women who are featured in the doc talk about waiting for years for their traumas to recognized by the police, only to find out that they are connected by the same rapist who very well could have been stopped by a rape kit.   A very clear picture is drawn, about the value of these women’s stories to a society normalizes this, or about how the handling of these kits is perpetual of rape culture itself. As the documentary focuses on so much more than the kits, it becomes about listening to and believing survivors, with various horrific ideas of police attitude held brought into light: the common inclination to find a way to blame a survivor for what had happened to them, or the way people think a traumatized person should act to be believed. That these survivors wanted to trust the police by saying something and getting the kit after experiencing such trauma is incredibly powerful, especially when the subsequent handling of their stories is so horrifying and demeaning.  Mariska Hargitay produced the documentary, and appears sporadically. Her presence, however, is not that of a TV star inserting themselves into a world, but another example of a storyteller who is compelled to do something. She talks briefly about how she received so many letters from people after she started work bringing fictional justice to sex offenders and others on “Law & Order: Special Victims Unit,” but she cedes her heroic presence to so many other women in this picture, like who share their trauma and put a human being to a kit, or those who are actively trying to change the way these kits are handled.  Directors Trish AdlesicGeeta Gandbhir take a primarily informational approach to their documentary storytelling, causing the project to lose some aesthetic momentum with its space-filling B-roll or standard talking-head format. But the doc is truly informative. Best of all, it has an urgency throughout, especially as it expands to these different lives and cities, vividly showing this to be an American issue.  With such expansiveness, “I Am Evidence” is able to accentuate its power with access to moments that viewers might not otherwise see. It’s particularly invigorating to see these women share their own experiences, and to see investigators make an arrest. But these are rare resolutions, if they can even be called that, and the survivors' stories are tiny victories, uncharacteristic of the larger, infuriating injustice that has inspired this very project.  “I Am Evidence” functions as a microcosm for society at large (“Nobody gives a damn about women in this country” is said once, but echoes throughout), particularly when handling stories of sexual assault survivors. But as an emotional journey and piece of activism, “I Am Evidence” offers images of resilience, especially when compassion is met with action." 
https://www.rogerebert.com/reviews/i-am-evidence-2018

Read about the role that Mariska Hargitay played in founding 'The Joyful  Heart Foundation' -  at the link  below: "While doing her research for the role of Olivia Benson on Law and  Order: Special Victims Unit, Mariska Hargitay encountered staggering statistics about sexual assault, domestic violence, and child abuse. She wanted to know why everyone wasn’t talking about these issues and why they weren’t dominating the headlines and the evening news. She received letters and emails from survivors disclosing their stories of abuse, many for the first time. She wanted to answer—really answer—those letters, to address the suffering they described, and honor acts of courage they represented. Her answer was Joyful Heart."

http://www.joyfulheartfoundation.org/about-us/history

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Monday, July 2, 2018

Rape kits; (Part 1): Natasha Simone Alexenko: Her memoir details a journey from sexual assault victim to advocate for rape kits, is reviewed by Sue Carter, Editor of Quill and Quire, in the Toronto Star...Memorable description: "Alexenko also opens up about the invasive four-hour rape-kit exam, and how her body turned into a crime scene. As the results sat unattended on a shelf for nine years, she lived in a nightmare limbo, trying to mask the pain with various vices. Then she received a call from the New York City District Attorney’s Office informing her that the DNA in the kit would finally be tested. In 2007, the DNA was matched to her rapist, who was convicted the following year."


PUBLISHER'S NOTE: The failure of many police departments in North America  to promptly process rape kits has been a constant theme of this Blog -  both to enable quick apprehension of perpetrators and to diminish the possibility of false accusations. Sue Carter's review of Natasha Simone Alexenko’s memoir pays fitting tribute to "Natasha's Justice Project" -a non-profit dedicated to eliminating the backlog of thousands of unprocessed rape kits across the U.S. The thought of a rape kit sits unattended on a shelf for nine years defies belief. Yet lengthy delays because of cost, indifference, disorganization or whatever is utterly disturbing, and inexcusable -  wherever they occur. The passage in which Carter says "Alexenko also opens up about the invasive four-hour rape-kit exam (to go through this and have it sit on a shelf for nine years), and how her body turned into a crime scene," is particularly riveting.

Harold Levy; Publisher; The Charles Smith Blog.

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QUOTE OF THE DAY: "Canada is also on her radar these days. “I can’t tell you how many survivors from Canada who have reached out to me and said I haven’t heard anything about my kit,” she says. “It’s the exact same story. The exact same circumstances.”

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BOOK REVIEW: "Natasha Simone Alexenko’s memoir details her journey from sexual assault victim to advocate rape kits," reviewed by Sue Carter in the Toronto  Star on June 29, 2018. (Sue Carter is Editor of Quill and Quire);

GIST: "In 2011, Natasha Simone Alexenko appeared on the HBO documentary Sex Crimes Unit in which she shares her story of being brutally raped and the 15 years it took to bring her assailant to justice. Before it aired, Alexenko and her mother watched the film, which includes a scene where Alexenko’s underwear and rape kit are held up to the camera. “My mom and I looked at each other and we were like, ‘Ehh, there it is. What are you going to do?’ Your underwear is out there for everyone to see and there’s nothing you can do about it,” says Alexenko, who was raised in St. Catherines and now lives in Long Island, N.Y. Alexenko and her mom joked about being relieved that she hadn’t been wearing a thong or granny panties that night. But amidst the much-needed levity, something else was happening inside Alexenko. The moment was over, and it felt like a purge. That sense of relief would help motivate Alexenko to leave her position as a museum director and to start Natasha’s Justice Project, a non-profit dedicated to eliminating the backlog of thousands of unprocessed rape kits across the U.S. It also helped Alexenko find courage to write openly about her life in a new memoir, A Survivor’s Journey: From Victim to Advocate, which she calls a love story to people like her mother, who believed and supported her. Initially Alexenko decided to write A Survivor’s Journey because of the many questions about her own recovery she’s asked at speaking engagements, especially on college campuses. “There is a stigma around sexual assault. We’re not able to have the dialogue. It’s one thing to tell the story about what happened, but what happens after,” she says. “How did I feel? How did my relationships with others change? How did my relationship with men change? Those kind of questions are the things people wanted to know, usually for themselves.” Alexenko feared that because she was speaking openly about her rape it might signal to other survivors that she had fully recovered. A book would allow her to share more details of how the assault continues to affect her life. She may have looked calm as she eloquently testified before Congress in 2015 alongside then-vice-president Joe Biden, but behind the scenes Alexenko was coming to terms with the fact that she was being treated for post-traumatic stress disorder. “I didn’t take a magic pill and here I am,” she says. “I wanted to make sure other survivors knew that I struggle and I am definitely nowhere near perfect and I have a long way to go.” When writing the first draft of the chapter that details her assault, Alexenko enlisted help because it was too tough to write on her own. In 1993, she was a 20-year-old NYC filmmaking college student living in an apartment building that had been approved by her protective mom for its location and secure entrance. Alexenko describes this time as magical, conjuring the kind of Narnia-like world she imagined as a book-reading kid. That fantasy was snuffed the instant a stranger raped her at gunpoint in an empty stairwell. Her recollection of the event is horrific: she prefaces the scene with a warning, explaining that she describes the night in such detail to diffuse the shame that she felt living in secrecy for so long. Alexenko also opens up about the invasive four-hour rape-kit exam, and how her body turned into a crime scene. As the results sat unattended on a shelf for nine years, she lived in a nightmare limbo, trying to mask the pain with various vices. Then she received a call from the New York City District Attorney’s Office informing her that the DNA in the kit would finally be tested. In 2007, the DNA was matched to her rapist, who was convicted the following year. Although justice was served, Alexenko still felt a lingering disconnect and sadness until she committed her life to Natasha’s Justice Project and working to ensure survivors are part of the national conversation and not just used as “tear-jerker props.” Canada is also on her radar these days. “I can’t tell you how many survivors from Canada who have reached out to me and said I haven’t heard anything about my kit,” she says. “It’s the exact same story. The exact same circumstances.” Despite the book’s subtitle, From Victim to Advocate, the two labels don’t land on opposite ends on the spectrum for Alexenko. Sometimes a story from another survivor will trigger memories, but she credits her advocacy work for helping her through. “I found my purpose,” she says. “Even though it’s not the easiest thing in the world to do and certainly not the most lucrative, I feel really fulfilled.”

The entire review can be read  at:
https://www.thestar.com/entertainment/books/2018/06/29/natasha-simone-alexenkos-memoir-details-her-journey-from-sexual-assault-victim-to-advocate.html

Read the Wikipedia link on Natasha's Justice Project at the link below: "Natasha's Justice Project (NJP) is a 501(c)(3) non-profit organization that seeks to end the nation's current rape kit backlog crisis and empower and assist survivors of sexual assault through travel grants to testify at their trials. NJP was founded by Natasha S. Alexenko, a victim and survivor of sexual assault, in hopes of exposing and eliminating the current rape kit backlog that exists in public municipalities throughout the United States. NJP empowers survivors of sexual assault by getting their rape kits off the shelves and tested so that their perpetrator(s) are brought to justice."
https://en.wikipedia.org/wiki/Natasha%27s_Justice_Project

Purchase "A Survivor's Journey: From victim to advocate," at the link below: "On August 6, 1993, twenty-year-old Natasha Alexenko was assaulted at gunpoint. After nearly a decade, her backlogged rape kit was finally tested and her rapist, who roamed free for ten years, was brought to justice. On the day he was sentenced, Alexenko vowed that she would no longer be a statistic and would do whatever she could to help police on behalf of other rape victims. In 2011, she founded Natasha’s Justice Project (NJP), a nonprofit committed to ending the rape-kit backlog. This unflinching memoir chronicles her journey from trauma to triumph. Despite personal setbacks and bureaucratic obstacles, Alexenko refuses to give up on her determination to raise awareness of a problem even worse than she imagined, as tens of thousands of untested rape kits languish in crime storage facilities across the country. Written for fellow survivors, their families, law enforcement, and anyone impacted by rape, her deeply personal story is a testament to the power of one person to make a profound change."
 https://www.amazon.com/Survivors-Journey-Victim-Advocate/dp/1503943410

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;

Sunday, July 1, 2018

Fabian Gonzales: Michelle Martens; New Mexico; Rape/murder (10-year-old girl) case; Fascinating Associated Press story illustrates the danger of laying serious criminal charge on little but the basis of the statement of a witness: "Everyone in the immediate aftermath of this crime focused on the statement Michelle Martens made and they took it at face value," (District Attorney) Torrez said. "The pieces of this puzzle just didn't fit." The details of the girl's killing described in police documents sent shockwaves through New Mexico's largest city."


QUOTE OF THE DAY: "A New Mexico district attorney dropped first-degree murder and rape charges Friday against a man arrested in the grisly killing of a 10-year-old Albuquerque girl, saying an ongoing investigation had revealed that much of what authorities had believed and shared publicly about the case was "simply not true."

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PASSAGE OF THE DAY: "Torrez said the mother had falsely told police soon after the August 2016 killing that she had watched Gonzales, her boyfriend, have sex with her daughter the night the girl's dismembered remains were found wrapped in a blanket that was set on fire in an apartment bathroom. The mother also told police in a criminal complaint that Gonzales had drugged her daughter to calm her down, and that Jessica Kelley — a third suspect and Gonzales' cousin — held her hand over the girl's mouth and stabbed her in the stomach, according to a 2016 criminal complaint. However, the district attorney said there is no physical evidence that Gonzales raped Victoria Martens, and that a crime lab analysis instead found another unidentified male's DNA on the girl's body. Witness statements and cellphone data reviewed after Torrez became district attorney in 2017 also show Gonzales and the girl's mother were not at the apartment when the girl was killed, suggesting they left the child with Kelley. Court records indicate Kelley had a prior conviction on a felony rape charge. The results of toxicology tests released in early 2017 did not turn up any drugs in the girl's system, only alcohol."

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 PASSAGE OF THE DAY: (2):  "Gilbert Gallegos, a spokesman for the Albuquerque Police Department, said in statement Friday evening that the department was continuing to work closely with the district attorney's office and federal partners. "This is one of the most horrific crimes our community has faced," Gallegos said. "APD has devoted some of our most experienced detectives to the investigation and they have been instrumental this year in unraveling the misleading statements Michelle Martens made initially. A psychological evaluation that was conducted after authorities began to encounter inconsistencies between the evidence and her statements found that suggestive questioning and other factors resulted in her providing falsehoods to authorities, Torrez said. The Albuquerque Journal reported after Martens' plea hearing Friday that her attorney described her as someone who does not function at the same level as most people, and as a person who often responds to questions with answers she believes will please the other person."

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http://www.elpasoinc.com/news/ap_wire/us/prosecutor-drops-most-charges-in-death-of-albuquerque-girl/article_579ce7ba-6c68-5926-969b-c2c11972317c.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;