Tuesday, June 28, 2011

THE CHILD CASES; "GUILTY UNTIL PROVEN INNOCENT"; EXTRAORDINARY PROBE; RADIO. TV. INTERNET; NPR/OUTFRONT/PROPUBLICA; BEGINS TODAY; START HERE.

http://www.npr.org/2011/06/28/137454415/the-child-cases-guilty-until-proven-innocent

On tonight's TV presentation;

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/

For a synopsis of the cases (Including the Charles Smith cases);

http://www.propublica.org/special/the-child-cases

Interviews:

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/interviews/

If it's not child abuse:

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/if-its-not-abuse/

The hardest cases: When children die, justice can be illusive;


http://www.pbs.org/wgbh/pages/frontline/the-child-cases/the-hardest-cases/


Autopsies in the USA;

http://projects.propublica.org/forensics/

Live chat about shaken baby syndrome: New York Times; Moderated by Emily Bazelon; Wednesday June 29, 2011 AT 1.00 PM:

http://parenting.blogs.nytimes.com/2011/06/28/a-live-chat-about-shaken-baby-syndrome/

Transcript:

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/etc/transcript.html


See the full program;

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/

Rethinking shaken baby syndrome:

http://www.npr.org/2011/06/29/137471992/rethinking-shaken-baby-syndrome

Document timeline: Ernie Lopez case;

http://www.propublica.org/special/document-timeline-ernie-lopez

Lessons from Canada;

http://www.wbez.org/story/2011-06-30/child-cases-lessons-canada-88569

Shaken Baby Syndrome: A Diagnosis Challenged

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/shaken-baby-syndrome/

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CAMERON TODD WILLINGHAM: CASE MAY CAUSE SOME VOTERS TO GIVE GOVERNOR RICK PERRY "A SECOND, MORE CRITICAL LOOK." CHICAGO TRIBUNE";



"While scientists, attorneys, death penalty opponents and some Texas lawmakers criticized the governor for his handling of the case, and The New Yorker magazine published a critical examination of it, Perry has not suffered political consequences as a result.

Perry's challenger in last year's Republican gubernatorial primary, U.S. Sen. Kay Bailey Hutchison, did not make the Willingham case a central campaign issue. Bill White, Perry's Democratic opponent in the general election, made more of an issue of the Willingham case, but it still never caught on with Texas voters.

Harvey Kronberg, publisher and editor of the Quorum Report, a Texas political report, said the issue might resonate more with general election voters nationally if coupled with other issues that nick at the governor's leadership or character."

REPORTER STEVE MILLS: THE CHICAGO TRIBUNE;

MARK CALENDER NOW: IMPORTANT JOINT NPR, FRONTLINE, PROPUBLICA INVESTIGATION OF CHILD DEATH CASES INVOLVING ABUSE, ASSAULT AND "SHAKEN-BABY SYNDROME." ASKS IF DEATH INVESTIGATORS ARE BEING PROPERLY TRAINED FOR CHILD CASES; FIRST OF THREE SEGMENTS ON "THE CHILD CASES" AIRS ON JUNE 28 AT 9.00 PM:

When a child dies under suspicious circumstances, abuse is often suspected. That's what happened in the case of six-month-old Isis Vas, whose death was deemed "a clear-cut and classic" case of child abuse, sending a man named Ernie Lopez to prison for 60 years. But now a Texas judge has moved to overturn Lopez's conviction, and new questions are being asked about the quality of expert testimony in this and many other similar cases. In this joint investigation with ProPublica and NPR, FRONTLINE correspondent A.C. Thompson unearths more than 20 child death cases in which people were jailed on medical evidence -- involving abuse, assault and "shaken-baby syndrome" -- that was later found unreliable or flat-out wrong. Are death investigators being properly trained for child cases? The Child Cases is the first of three magazine segments airing June 28 at 9 p.m. (check local listings);

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/

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BACKGROUND: (Wikipedia); Cameron Todd Willingham (January 9, 1968 – February 17, 2004), born in Carter County, Oklahoma, was sentenced to death by the state of Texas for murdering his three daughters—two year old Amber Louise Kuykendall, and one year old twins Karmon Diane Willingham and Kameron Marie Willingham— by setting his house on fire. The fire occurred on December 23, 1991 in Corsicana, Texas. Lighter fluid was kept on the front porch of Willingham’s house as evidenced by a melted container found there. Some of this fluid may have entered the front doorway of the house carried along by fire hose water. It was alleged this fluid was deliberately poured to start the fire and that Willingham chose this entrance way so as to impede rescue attempts. The prosecution also used other arson theories that have since been brought into question. In addition to the arson evidence, a jailhouse informant claimed Willingham confessed that he set the fire to hide his wife's physical abuse of the girls, although the girls showed no other injuries besides those caused by the fire. Neighbors also testified that Willingham did not try hard enough to save his children. They allege he "crouched down" in his front yard and watched the house burn for a period of time without attempting to enter the home or go to neighbors for help or request they call firefighters. He claimed that he tried to go back into the house but it was "too hot". As firefighters arrived, however, he rushed towards the garage and pushed his car away from the burning building, requesting firefighters do the same rather than put out the fire. After the fire, Willingham showed no emotion at the death of his children and spent the next day sorting through the debris, laughing and playing music. He expressed anger after finding his dartboard burned in the fire. Firefighters and other witnesses were suspicious of how he reacted during and after the fire. Willingham was charged with murder on January 8, 1992. During his trial in August 1992, he was offered a life term in exchange for a guilty plea, which he turned down insisting he was innocent. After his conviction, he and his wife divorced. She later stated that she believed that Willingham was guilty. Prosecutors alleged this was part of a pattern of behavior intended to rid himself of his children. Willingham had a history of committing crimes, including burglary, grand larceny and car theft. There was also an incident when he beat his pregnant wife over the stomach with a telephone to induce a miscarriage. When asked if he had a final statement, Willingham said: "Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby." However, his final words were directed at his ex-wife, Stacy Willingham. He turned to her and said "I hope you rot in hell, bitch" several times while attempting to extend his middle finger in an obscene gesture. His ex-wife did not show any reaction to this. He was executed by lethal injection on February 17, 2004. Subsequent to that date, persistent questions have been raised as to the accuracy of the forensic evidence used in the conviction, specifically, whether it can be proven that an accelerant (such as the lighter fluid mentioned above) was used to start the fatal fire. Fire investigator Gerald L. Hurst reviewed the case documents including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene. Hurst said, "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire. Legendary "Innocence" lawyer Barry Scheck asked participants at a conference of the National Association of Criminal Defence Lawyers held in Toronto in August, 2010, how Willingham, who had lost his family to the fire, must have felt to hear the horrific allegations made against him on the basis of the bogus evidence, "and nobody pays any attention to it as he gets executed." "It's the Dreyfus Affair, and you all know what that is," Scheck continued. "It's the Dreyfus AffaIr of the United States. Luke Power's music video "Texas Death Row Blues," can be found at:
http://smithforensic.blogspot.com/2010/09/cameron-todd-willingham-texas-death-row_02.html

For an important critique of the devastating state of arson investigation in America with particular reference to the Willingham and Willis cases, go to:

http://smithforensic.blogspot.com/2011/01/fire-investigation-great-read-veteran.html

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"AUSTIN, Texas — Gov. Rick Perry of Texas has presided over 231 executions, more than any governor in the death penalty's modern history. If he runs for president, one of those executions may become a campaign issue — a case involving questions of whether he allowed an innocent man to be put to death, then tried to scuttle a state commission's investigation into the matter,"
the Chicago Tribune story by reporter Steve Mills published on June 25, 2011 under the heading "Gov. Rick Perry's role in possible wrongful execution may hurt campaign chances: Days before Cameron Todd Willingham went to his death proclaiming innocence, fire scientist cast doubt on his guilt," begins.

"The execution of Cameron Todd Willingham drew little attention when it took place in February 2004. But in the subsequent seven years, the way Perry handled the execution and an ongoing investigation into the case has become controversial. A presidential bid would likely increase the scrutiny, particularly as the Republican governor becomes better known,"
the story continues.

Whether the scrutiny would influence the outcome of the presidential campaign is another question.

When Bill Clinton ran for president in 1992, he rushed back to Arkansas from New Hampshire as the Gennifer Flowers scandal broke to preside over the execution of Ricky Ray Rector, who was so brain damaged from a gunshot wound to the head that he saved the dessert from his last meal in hopes of eating it later.

There was only a smattering of protest, and the execution of Rector did not slow Clinton's campaign.

And though reporters pored over George W. Bush's support for the death penalty while he was Texas governor and examined several controversial executions, what became an issue were allegations that Bush had ridiculed convicted murderer Karla Faye Tucker for claiming she had had a Christian conversion.

"There's something there, but to my mind it's not going to be Willingham or the death penalty alone," said James Henson, who teaches government at the University of Texas and is the director of the Texas Politics Project. "But with something else, it may get voters to take a longer and more critical look at Perry."

Larry Sabato, director of the Center for Politics at the University of Virginia, agreed. If Perry runs, he said, opponents and the media will explore the issue and, in conjunction with other issues, it could become a problem for Perry.

"One inevitable consequence of actually running for president, everything a candidate thinks is closed is opened again. He dealt with it in the state, but he really never dealt with it in the national scene," said Sabato. "In a general election, it'll be an issue."

Willingham was executed by lethal injection after being convicted of setting a fire that killed his three daughters before Christmas 1991. But his case and the ensuing controversy frame the death penalty in a new way: whether Perry used his power as governor to try to dodge responsibility for presiding over the execution of a potentially innocent man.

At Willingham's trial, Texas fire investigators said they found clear indicators that the fire at the Willingham home in the small town of Corsicana had been intentionally set. Prosecutors said Willingham set the fire because his kids, 2-year-old Amber and 1-year-old twins Karmon and Kameron, got in the way of his beer-drinking lifestyle.

By the time of Willingham's execution, the science of fire investigation had dramatically advanced. What many investigators had for decades considered telltale signs of arson were no longer considered reliable.

In the days before Willingham was put to death, his lawyer filed with the courts a report from Gerald Hurst, one of the nation's most renowned fire scientists. His four-page report asserted for the first time in the case that the indicators of arson the investigators cited had been debunked by the scientific advances.

The fire, Hurst concluded, might well have been an accident.

"In death penalty cases, there's always paperwork filed at the last minute," Hurst said in a recent interview at his home in Austin. "Along comes a piece of work from an expert; they probably think experts are for sale. I expected to lose."

Perry reviewed the report and determined it did not present new information, although in fact it did. He also decided it did not merit a stay of execution, according to Lucy Nashed, a Perry spokeswoman.

Perry has declined to release a memo from state lawyers advising him on the evidence in the case.

Willingham went to his death proclaiming his innocence.

"In Texas," Nashed said, "if you murder your three children, you can expect to be prosecuted to the fullest extent of the law. … (Willingham's) conviction was reviewed and upheld by multiple levels of state and federal courts, including nine federal courts — four times by the U.S. Supreme Court alone — over the course of more than a decade."

The Tribune investigated the case in December 2004. As part of that investigation, the newspaper had experts review the evidence. Those experts agreed with Hurst, saying the arson finding was inappropriate. A short time later, the Texas Forensic Science Commission was formed to examine the use of forensic evidence and selected the Willingham case as its first investigation.

In 2009, as the commission neared having testimony from its own expert and issuing a final report, all indications were that it would find that the science in the case was deeply flawed. Even without a declaration that Willingham had been wrongly executed, the implication would be that the initial arson finding had been unsupported, undermining the conviction and shining an unflattering light on Perry.

At that time, Perry replaced the panel chairman, Austin attorney Samuel Bassett, and two other members, and named John Bradley, a prosecutor and political ally, the new chairman. Bradley immediately slowed the Willingham investigation and questioned whether the commission should even consider the case. In response, Bassett went public with allegations that Perry's top aides had twice called him to meetings and pressured him over the direction of the Willingham inquiry.

"They wanted somebody who shared their views of what the commission should be doing," Bassett said in a recent interview.

Bassett said that Perry never thought the commission would dig so deeply into the Willingham case.

"Once we went in that direction, they were fearful of the commission making the governor look bad," Bassett said. "But that was never our intention."

Nashed, the Perry spokeswoman, said the replacement of Bassett and two other members was routine.

When questioned about his shuffling of the forensic science commission, Perry took an unusual tack: He denounced Willingham as a "monster" whose guilt was never in doubt.

While scientists, attorneys, death penalty opponents and some Texas lawmakers criticized the governor for his handling of the case, and The New Yorker magazine published a critical examination of it, Perry has not suffered political consequences as a result.

Perry's challenger in last year's Republican gubernatorial primary, U.S. Sen. Kay Bailey Hutchison, did not make the Willingham case a central campaign issue. Bill White, Perry's Democratic opponent in the general election, made more of an issue of the Willingham case, but it still never caught on with Texas voters.

Harvey Kronberg, publisher and editor of the Quorum Report, a Texas political report, said the issue might resonate more with general election voters nationally if coupled with other issues that nick at the governor's leadership or character.

"It's one of many things that may take a little luster off the rose for general election voters," said Kronberg, who has long followed Perry. "It could be part of a series of stories that at least earn Perry a second, more critical look.""


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The post can be found at:

http://www.chicagotribune.com/news/local/ct-met-perry-execution-20110625,0,4971679.story

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PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Monday, June 27, 2011

CAMERON TODD WILLINGHAM; LARRY SWEARINGEN DEATH PENALTY CASE COULD ALSO RAISE TOUGH QUESTIONS FOR GOVERNOR PERRY;


"As Swearingen appealed his conviction, though, his lawyers found forensic experts, including some of the state's leading medical examiners, to study the case. Those experts determined Trotter had been dead only several days when her body was found. What's more, the prosecution's lead witness re-examined the case and said she had been wrong in her trial testimony. She said Trotter had been killed as long as 10 days after Swearingen had been arrested."

REPORTER STEVE MILLS: THE CHICAGO TRIBUNE;

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BACKGROUND: Larry Swearingen was sentenced to death in 2000 for the murder of Melissa Trotter in 1998. Melissa Trotter went missing on 8 December 1998. Larry Swearingen was arrested three days later, and has been incarcerated ever since. The body of Melissa Trotter was found in a forest on 2 January 1999. Larry Swearingen was tried for her murder, and sentenced to death. He maintains his innocence of the murder. Several forensic experts have provided statements and testimony that support his claim. One of these experts, Dr Joyce Carter, is the former Chief Medical Examiner of Harris County in Texas who performed the autopsy of Melissa Trotter and testified at Larry Swearingen’s trial that in her opinion, Melissa Trotter had died 25 days before her body was found. In an affidavit signed in 2007, Dr Carter stated that she had looked again at the case and changed her opinion. She concluded that Melissa Trotter’s body had been left in the forest within two weeks of it being found. If accurate, this would mean that the body was dumped at a time when Larry Swearingen was already in custody.

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"As Texas Gov. Rick Perry considers a presidential run, another death penalty case with tough questions about scientific evidence may become an issue. In this case, Perry would decide whether to proceed with the execution," the Chicago Tribune story by reporter Steve Mills published on June 25, 2011 under the heading, "Another case could raise tough questions for Gov. Rick Perry: With death row inmate Larry Ray Swearingen, timing of murder is the issue," begins.

"Larry Ray Swearingen is on death row for the December 1998 kidnapping and murder of Melissa Trotter,"
the story continues.

"At issue is scientific evidence that estimates when Trotter was murdered. That is crucial because she disappeared Dec. 8, 1998, and her body was found more than three weeks later, on Jan 2, 1999, in the Sam Houston National Forest.
Ads by Google

Swearingen was taken into custody and jailed Dec. 11, 1998, on other charges, then charged with the murder. His lawyer insists he could not have committed the crime because he was in jail when it happened.

At trial, a former chief medical examiner from Houston testified that Trotter had been dead about 25 days. That time frame made it possible for Swearingen to have committed the crime before he was taken into custody.

As Swearingen appealed his conviction, though, his lawyers found forensic experts, including some of the state's leading medical examiners, to study the case. Those experts determined Trotter had been dead only several days when her body was found. What's more, the prosecution's lead witness re-examined the case and said she had been wrong in her trial testimony. She said Trotter had been killed as long as 10 days after Swearingen had been arrested.

The prosecutors have countered with two chief arguments. The first is procedural: They say Swearingen should not be given another opportunity to challenge his conviction because the evidence about the time of death was available at trial.

The prosecutors also say that the lack of consensus among Swearingen's experts — they differ on how many days Trotter had been dead — shows the estimates of when she died are not credible. Moreover, they say they do not outweigh evidence of his guilt.

To Swearingen's attorney, James Rytting, of Houston, the evidence about when Trotter died means his client could not have committed the crime. If Swearingen's remaining appeals fail, he will turn to the state's pardon board and Perry for clemency.

A new execution date is expected to be set soon, Rytting said.

"In Willingham, it was bad science that convicted him. In this case, it's all the scientists on board saying it's impossible (that he did it)," Rytting said."

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THE STORY CAN BE FOUND AT:

http://articles.chicagotribune.com/2011-06-25/news/ct-met-perry-execution-3-20110625_1_tough-questions-new-execution-date-death-row

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PUBLISHER'S NOTE: 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

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

CASEY ANTHONY; DEFENCE LAWYER QUESTIONS HER COMPETENCY BUT PSYCHOLOGISTS SAY SHE IS FIT TO STAND TRIAL; ORLANDO SENTINEL;


"A secret conversation between Anthony and her lawyers prompted them to ask for an emergency competency hearing and halted court Saturday, according to court records released this morning.

"Counsel reasonably believes that Ms. Anthony is not competent to aid and assist in her own defense and is incompetent to proceed," stated the two-page motion filed in court Saturday.

The details of the privileged conversation between Anthony and her attorneys were not part of the public record released this morning.

Perry responded that same day by ordering forensic psychologists Dr. Harry A. McClaren, of Chattahoochee; and Dr. Ryan C.W. Hall, of Lake Mary; as well as psychologist Dr. Daniel Tressler, of Altamonte Springs — to evaluate Anthony at the Orange County Jail.

The psychologists determined Anthony is competent to stand trial."

REPORTERS ANTHONY COLOROSSI AND BIANCA PRIETO; THE ORLANDO SENTINEL;

A backgrounder on this high profile Florida case can be found on Wikipedia at:


http://en.wikipedia.org/wiki/Death_of_Caylee_Anthony


MARK CALENDER NOW: IMPORTANT JOINT NPR, FRONTLINE, PROPUBLICA INVESTIGATION OF CHILD DEATH CASES INVOLVING ABUSE, ASSAULT AND "SHAKEN-BABY SYNDROME." ASKS IF DEATH INVESTIGATORS ARE BEING PROPERLY TRAINED FOR CHILD CASES; FIRST OF THREE SEGMENTS ON "THE CHILD CASES" AIRS ON JUNE 28 AT 9.00 PM:

When a child dies under suspicious circumstances, abuse is often suspected. That's what happened in the case of six-month-old Isis Vas, whose death was deemed "a clear-cut and classic" case of child abuse, sending a man named Ernie Lopez to prison for 60 years. But now a Texas judge has moved to overturn Lopez's conviction, and new questions are being asked about the quality of expert testimony in this and many other similar cases. In this joint investigation with ProPublica and NPR, FRONTLINE correspondent A.C. Thompson unearths more than 20 child death cases in which people were jailed on medical evidence -- involving abuse, assault and "shaken-baby syndrome" -- that was later found unreliable or flat-out wrong. Are death investigators being properly trained for child cases? The Child Cases is the first of three magazine segments airing June 28 at 9 p.m. (check local listings);

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/

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"Casey Anthony's defense team is urging Chief Judge Belvin Perry to declare a mistrial in the young woman's murder trial, according to a motion her attorneys released this afternoon," the Orlando Sentinel story by reporters Anthony Colarossi and Bianca Prieto published earlier today under the heading, "Casey Anthony trial: Casey's team seeks mistrial based on death-penalty ruling," begins.

"The motion cites a recent federal court ruling on a South Florida case that said the state's death penalty statute is unconstitutional," the story continues.

"The defense wants Perry to hold a hearing on the issue, order the prosecution to file a memorandum of law on the issue and protect Anthony's due-process rights by declaring the statute unconstitutional.

"It also asks Perry to "declare a mistrial in this case and begin jury selection anew with a non death-qualified jury."

The motion was filed by defense death-penalty expert Ann Finnell.

Finnell also this afternoon questioned John Allen, a sergeant with Orange County Sheriff's Office.

This is the first time Finnell has questioned a witness during the trial.

Casey Anthony, 25, is accused of killing her 2-year-old daughter Caylee Marie in the summer of 2008. The toddler's remains were found in December of that year in woods near her family's east Orange County home.

The defense team's latest attempt to get a mistrial comes hours after Perry announced that Anthony had been declared competent for trial.

A secret conversation between Anthony and her lawyers prompted them to ask for an emergency competency hearing and halted court Saturday, according to court records released this morning.

"Counsel reasonably believes that Ms. Anthony is not competent to aid and assist in her own defense and is incompetent to proceed," stated the two-page motion filed in court Saturday.

The details of the privileged conversation between Anthony and her attorneys were not part of the public record released this morning.

Perry responded that same day by ordering forensic psychologists Dr. Harry A. McClaren, of Chattahoochee; and Dr. Ryan C.W. Hall, of Lake Mary; as well as psychologist Dr. Daniel Tressler, of Altamonte Springs — to evaluate Anthony at the Orange County Jail.

The psychologists determined Anthony is competent to stand trial.

Each was asked to look into Anthony's ability to consult with her counsel with ration understanding, as well as a rational and factual understanding for the proceedings.

The doctors also evaluated her ability to understand the legal process, disclose pertinent facts to her attorney regarding the proceedings, behave appropriately in court, and testify relevantly.

Perry ordered the doctors to submit a written report to the court. That medical report is sealed, but not the motion requesting the psychological evaluations, Perry said.

James Hoover questioned about tapes

Late today, James Hoover, who worked as a private investigator for the Anthonys, testified and authenticated video tapes of a search off Suburban Drive conducted in mid-November 2008, less than a month before Caylee's body was found.

Hoover said they searched in the area where Caylee's remains were ultimately found, although the prosecutor Linda Drane Burdick objected, saying he had no direct knowledge of the exact location of her remains.

Jurors viewed the tapes. It shows some searching along Suburban Drive. It also shows a search through plastic bags around some sheds.

Hoover said he was conducting the search with fellow investigator Dominic Casey, who was also called to the stand today.

"He was looking for Caylee's remains," Hoover said.

The searches on Nov. 15-16 followed a tip that the child was "in the wooded area and deceased," Hoover said.

Melich says he 'misstated' dates

After Perry declared Anthony competent to stand trial, the defense called Detective Yuri Melich to the stand. He acknowledged that he misstated the dates he had subpoenaed cell phone records for Roy Kronk, the man who found Caylee Marie's remains in December 2008.

He initially told jurors last week that he secured those records from July through December of that year. But today he said it was just a short period during June and early July.

"Are there any other incidents where you've misspoke to this jury?" defense attorney Jose Baez asked.

"Not to my knowledge, no. You're suggesting I intentionally misinformed the jury. I did not," Melich responded.

The lead detective said many others had their cell phone records subpoenaed, especially friends of Casey Anthony. But the period of subpoenas was generally during the timeframe during which Caylee was believed to be missing in June 2008.

Michael Vincent and Gerardo Bloise of the Sheriff's Office crime-scene unit also were called to the stand.

Later, the defense called Orange County Deputy Jason Forgey, whose K-9, Gerus, got involved in the Casey Anthony case and alerted authorities to a possible site of decomposition.

FUI decomposition expert rebuts state

Florida International University professor Kenneth Furton, an expert in human decomposition, just told jurors he knows of no scientifically valid instrument capable of detecting the chemicals associated with human decomposition.

His testimony is meant to directly rebut the findings of scientists at Oak Ridge National Laboratory, especially Dr. Arpad Vass, who identified chemicals consistent with human decomposition in air samples collected from the trunk of Casey Anthony's Pontiac.

Furton said he has studied chemicals given off by forensic specimens, as well as human decomposition. Since 2003, he's directed student research while a professor of chemistry and biochemistry at FIU.

In his testimony, Furton explained that while instruments can be used to examine "volatile organic compounds" associated with decomposition, no instrument yet exists that is capable of identifying human remains.

'Legal matter' ended Saturday's session early

Perry's disclosure about Anthony's competency helps explain why Saturday's session ended early.

Even though Saturday was supposed to be an extended workday, the lawyers in the case met outside the courtroom and discussed matters that are sealed.

Perry came out of the conference and announced in court that a "legal matter" needed to be addressed and court was recessed for the day.

It's unclear who the defense will call to testify today; however, Sgt. John Allen and Deputy Jason Forgey from the Orange County Sheriff's Office are in the hallway.

Last week, the defense called a range of witnesses, including FBI analysts, Orange County investigators, Anthony's mother Cindy Anthony, and her brother Lee Anthony.

On Friday, defense attorney Jose Baez told Perry he expected to wrap up presenting their case by Wednesday or Thursday. When the defense concludes its presentation, the state will take a day or two for rebuttal."

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The story can be found at:


http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-trial-day-29-20110627,0,3654894.story

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PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com

CHARLES SMITH; CANDICE RIDDELL; PREMATURE CHARGES IN DEATH OF 3-WEEK-OLD BABY. RECOMMENDATIONS OF GOUDGE INQUIRY NOT FOLLOWED, PROSECUTOR SAYS;


"Semeniuk, who worked as the child abuse Crown in Windsor for years, told the court he wasn't consulted by Chatham-Kent police before the manslaughter charges were laid a few days after the boy's death. Police did consult with another local Crown, he said.

"The preliminary cause of death would lead everyone to believe it was a homicide," he said, adding those findings are currently under review by a pediatrician at the Hospital for Sick Children in Toronto.

He said the charge shouldn't have been laid before the cause of death was confirmed.

"It was clear that some of the recommendations in the Goudge Inquiry were not complied with," Semeniuk told the court.

He said the Inquiry into Pediatric Forensic Pathology in Ontario (the "Goudge Inquiry) was commissioned after a number of highly publicized mistakes made by pathologist Dr. Charles Smith, some of which led to overturned cases.

Semeniuk said a key recommendation in the 2008 inquiry was that a case conference be held within two weeks of an autopsy in a criminally suspicious child's death — before a charge is laid.

"There's no rush to charge until you have all the evidence, especially when the case depends largely on forensic pathology evidence," Semeniuk told The Chatham Daily News outside court.

He told the court he's spoken with Police Chief Dennis Poole and a new protocol on dealing with the suspicious deaths of children is being put in place in Chatham-Kent "so we can ensure the public that innocent people are not charged . . . and that those responsible are held responsible.........

Riddell's defence lawyer Frank Retar said his client is relieved to have the charge withdrawn.

"She is finally able to grieve the loss of her son," he said. "She's never been able to do that because she's had the charges hanging over her head."

Retar hopes the stigma of the charges doesn't follow Riddell.

"There was nothing to suggest she was involved in the death of her child — nothing," he said. "She's a kind, sweet, gentle soul. It was heartbreaking to see the devastation this caused."


REPORTER ERICA BAJER; THE CHATHAM DAILY NEWS;

MARK CALENDER NOW: IMPORTANT JOINT NPR, FRONTLINE, PROPUBLICA INVESTIGATION OF CHILD DEATH CASES INVOLVING ABUSE, ASSAULT AND "SHAKEN-BABY SYNDROME." ASKS IF DEATH INVESTIGATORS ARE BEING PROPERLY TRAINED FOR CHILD CASES; FIRST OF THREE SEGMENTS ON "THE CHILD CASES" AIRS ON JUNE 28 AT 9.00 PM:

When a child dies under suspicious circumstances, abuse is often suspected. That's what happened in the case of six-month-old Isis Vas, whose death was deemed "a clear-cut and classic" case of child abuse, sending a man named Ernie Lopez to prison for 60 years. But now a Texas judge has moved to overturn Lopez's conviction, and new questions are being asked about the quality of expert testimony in this and many other similar cases. In this joint investigation with ProPublica and NPR, FRONTLINE correspondent A.C. Thompson unearths more than 20 child death cases in which people were jailed on medical evidence -- involving abuse, assault and "shaken-baby syndrome" -- that was later found unreliable or flat-out wrong. Are death investigators being properly trained for child cases? The Child Cases is the first of three magazine segments airing June 28 at 9 p.m. (check local listings);

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/

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PUBLISHER'S NOTE: Almost three years have passed since Justice Stephen Goudge released his report on many of former pathologist Charles Smith's cases on September 30, 2008. That should certainly have been enough for the Ontario government to put in place Justice Goudge's numerous recommendations designed to prevent innocent grieving parents from being wrongfully charged with killing their children. It is clear from this case that this has not happened in Chatham, Ontario, and we are left wondering whether the recommendations have been put into effect anywhere else in Ontario - in spite of all of the government's assurances to the public that the recommendations would be quickly put in place. This has happened on Ontario Attorney General Chris Bentley's watch. He has a lot of explaining to do. How sad it would be if Justice Goudge's efforts - and the hard-hitting Inquiry he conducted - turn out to have been in vain.


HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

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"Manslaughter charges in the death of a three-week-old baby have been dropped against his mother and stayed against his father," the Chatham Daily News story by reporter Erica Bajer published earlier today under the heading, "Mother's charge dropped, father's stayed in baby's death," begins.

"The manslaughter charge against Candice J. Riddell, 26, was withdrawn Monday by assistant Crown attorney Randy Semeniuk," the story continues.

"He said she fully co-operated with the Chatham-Kent police investigation into her son Kavan's death in November of 2010.

Semeniuk stayed the manslaughter charge against Justin J. Kozlof, 25, noting the investigation is ongoing and a conclusive cause of death is not yet known. Stayed charges can be re-activated within one year.

Riddell wasn't in court Monday and Kozlof refused to comment following the hearing.

Riddell's defence lawyer Frank Retar said his client is relieved to have the charge withdrawn.

"She is finally able to grieve the loss of her son," he said. "She's never been able to do that because she's had the charges hanging over her head."

Retar hopes the stigma of the charges doesn't follow Riddell.

"There was nothing to suggest she was involved in the death of her child — nothing," he said. "She's a kind, sweet, gentle soul. It was heartbreaking to see the devastation this caused."

Kozlof's lawyer Gudrun Mueller-Wilm said he is also relieved.

"It's very unfortunate that two parents who lose a child have to go through this," she said, noting they almost missed Kavan's funeral because they were behind bars.

She said the couple, who lived on Sheldon Avenue when Kavan died, is no longer together.

Mueller-Wilm said she hopes in the future police wait and complete investigations before people are charged.

"We were very lucky we had Randy Semeniuk, a very experienced prosecutor who made the right decision," she said.

Semeniuk, who worked as the child abuse Crown in Windsor for years, told the court he wasn't consulted by Chatham-Kent police before the manslaughter charges were laid a few days after the boy's death. Police did consult with another local Crown, he said.

"The preliminary cause of death would lead everyone to believe it was a homicide," he said, adding those findings are currently under review by a pediatrician at the Hospital for Sick Children in Toronto.

He said the charge shouldn't have been laid before the cause of death was confirmed.

"It was clear that some of the recommendations in the Goudge Inquiry were not complied with," Semeniuk told the court.

He said the Inquiry into Pediatric Forensic Pathology in Ontario (the "Goudge Inquiry) was commissioned after a number of highly publicized mistakes made by pathologist Dr. Charles Smith, some of which led to overturned cases.

Semeniuk said a key recommendation in the 2008 inquiry was that a case conference be held within two weeks of an autopsy in a criminally suspicious child's death — before a charge is laid.

"There's no rush to charge until you have all the evidence, especially when the case depends largely on forensic pathology evidence," Semeniuk told The Chatham Daily News outside court.

He told the court he's spoken with Police Chief Dennis Poole and a new protocol on dealing with the suspicious deaths of children is being put in place in Chatham-Kent "so we can ensure the public that innocent people are not charged . . . and that those responsible are held responsible."

Acting Insp. Trevor Crane, head of the major crime unit, said the protocol is in the early stages of development.

He said in all serious cases, police collaborate with the Crown's office.

The investigation into Kavan's death is ongoing and Crane said he couldn't discuss specifics of the case.

"The medical report has to go through a number of hands and we don't know when we will get it," he said.

"Investigative decisions with respect to charges were made in consultation with the Crown and were appropriate given the evidence before us."

Semeniuk said when the protocol is in place, he will meet with police and other agencies, such as the children's aid society, before charges are laid.

This way, decisions drawing on all available expertise can be made.

It's hoped that as part of the protocol, two detectives will be dedicated to child death cases and be extensively trained to investigate them, he said.

Semeniuk said he had a handful of cases involving the disgraced pathologist Charles Smith but all the convictions were upheld, partly because he instituted a similar protocol in Windsor.

"The whole protocol is to be very proactive, yet cautious," he said.

Ontario Court Justice Donald Ebbs pointed out that after the pediatrician review, the coroners' report will again be examined.

"In my experience, preliminary findings are really not findings," the judge said."

The story can be found at:

http://www.chathamdailynews.ca/ArticleDisplay.aspx?e=3189751

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

U.S. ARMY CRIMINAL INVESTIGATION LABORATORY; MANAGER AT BELEAGUERED MILITARY CRIME LAB ACCUSED OF RETALIATION; MCCLATCHY NEWSPAPERS;

"The lab's attorney, Lisa Kreeger, complained that Tontarski appeared to be trying to steer the contract to the National Forensic Science Technology Center, military and court records show. The nonprofit organization was headed by a longtime friend, and Tontarski's wife was an unpaid board member. In a separate arrangement, she was paid to work on one of the center's contracts, according to Tontarski's testimony in an inquiry into the matter.

Tontarski acknowledged that it created a "perception of conflict of interest," but said he didn't think it should prevent the group from getting the contract. He called the allegations that he was steering the contract for his or his wife's benefit "absurd."

"I tried to find the right people to do the right job," he testified."

REPORTER MARISA TAYLOR; MCCLATCHY NEWSPAPERS; (Tish Wells contributed.)

MARK CALENDER NOW: IMPORTANT JOINT NPR, FRONTLINE, PROPUBLICA INVESTIGATION OF CHILD DEATH CASES INVOLVING ABUSE, ASSAULT AND "SHAKEN-BABY SYNDROME." ASKS IF DEATH INVESTIGATORS ARE BEING PROPERLY TRAINED FOR CHILD CASES; FIRST OF THREE SEGMENTS ON "THE CHILD CASES" AIRS ON JUNE 28 AT 9.00 PM:

When a child dies under suspicious circumstances, abuse is often suspected. That's what happened in the case of six-month-old Isis Vas, whose death was deemed "a clear-cut and classic" case of child abuse, sending a man named Ernie Lopez to prison for 60 years. But now a Texas judge has moved to overturn Lopez's conviction, and new questions are being asked about the quality of expert testimony in this and many other similar cases. In this joint investigation with ProPublica and NPR, FRONTLINE correspondent A.C. Thompson unearths more than 20 child death cases in which people were jailed on medical evidence -- involving abuse, assault and "shaken-baby syndrome" -- that was later found unreliable or flat-out wrong. Are death investigators being properly trained for child cases? The Child Cases is the first of three magazine segments airing June 28 at 9 p.m. (check local listings);

http://www.pbs.org/wgbh/pages/frontline/the-child-cases/

---------------------------------------------------------------------------------

"WASHINGTON When Richard Tontarski Jr. arrived at the military's crime lab in 2007, it was still reeling from revelations of misconduct by two of its own," the McClatchy Newspapers story by reporter Marisa Taylor published earlier today under the heading, "Crime lab manager accused of retaliation," begins.

"Tontarski brought with him an impressive resume and reassuring promises of raising the lab's standards," the story continues.

"Since then, Tontarski has become one of the main sources of controversy. Fellow employees at the U.S. Army Criminal Investigation Laboratory have filed three complaints against him. Those involved in the disputes accuse him and other managers of punishing employees who raise valid concerns.

"My view of the lab is as lacking moral leadership and tolerating evidence of discrimination and conflicts of interest," said Peter Lown, an attorney for the employees who've filed complaints against Tontarski.

Tontarski, the chief of the forensic analysis division, didn't return calls requesting comment. The Army's Criminal Investigation Command, which oversees the lab, said it couldn't legally comment on employee claims.

In military and court documents, Tontarski says subordinates are attacking him unfairly and that he's merely trying to improve the lab.

The disputes began in 2008, when he recommended hiring a nonprofit to handle a new training contract, according to the documents.

The chief of the lab's firearms branch, Donald Mikko, objected, saying the training wasn't needed and was too costly.

"I questioned it a hundred times," he later told investigators.

The lab's attorney, Lisa Kreeger, complained that Tontarski appeared to be trying to steer the contract to the National Forensic Science Technology Center, military and court records show. The nonprofit organization was headed by a longtime friend, and Tontarski's wife was an unpaid board member. In a separate arrangement, she was paid to work on one of the center's contracts, according to Tontarski's testimony in an inquiry into the matter.

Tontarski acknowledged that it created a "perception of conflict of interest," but said he didn't think it should prevent the group from getting the contract. He called the allegations that he was steering the contract for his or his wife's benefit "absurd."

"I tried to find the right people to do the right job," he testified.

Military contracting officials told lab officials that the potential conflict could be addressed if the lab could justify entering into a sole-source contract, which doesn't require full competitive bidding.

The lab's lawyer disagreed.

"What is this sole source B.S.?" Kreeger was quoted as saying to Mikko. "I thought this was dead."

When Tontarski heard Kreeger was questioning his role, he was outraged.

"I no longer see that 'Lisa is trying to do the right thing,'" he wrote in an email to the lab's director, Larry Chelko. "She slandered me to one of my subordinate supervisors."

In the end, military officials concluded that Tontarski had done nothing wrong.

"It seems that Mr. Tontarski's only 'crime' was to attempt to provide a better and quicker service," they wrote in a summary of their inquiry.

Since then, one of the lab's main contractors, ANSER, has hired the nonprofit group as a subcontractor to oversee new employee training.

More complaints

Officials of the National Forensic Science Technology Center said the prime contractor handled the arrangements so "we don't know who is involved." Tontarski said he had no role in it.

The center's officials said they couldn't say how much the new subcontract was worth nor how much Tontarski's wife had made working for them because of non-disclosure agreements.

Nonetheless, accusations continued to mount.

In February 2010, Tontarski, who's white, was a target of a complaint, this time that he'd discriminated against a black employee.

Again, Mikko and Kreeger, who also are white, were at the center of the dispute, raising questions about his actions. Again, Tontarski vehemently denied the allegations.

In May, Tontarski concluded that Mikko should be suspended for recommending the black employee for a permanent job along with another candidate who also didn't get the position.

"Your recommendation goes beyond poor judgment," Tontarski wrote in his notice to Mikko. "It shows a willful bias."

Tontarski had launched an investigation after Mikko filed a claim against him and testified in the conflict-of-interest investigation.

"Why do you punish a guy for giving someone undue preference when that applicant was never hired to begin with? And why you do it more than two years after the fact?" attorney Lown asked. "The answer is retaliation.""

The story can be found at:

http://www.charlotteobserver.com/2011/06/26/2407705/crime-lab-manager-accused-of-retaliation.html

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;

Sunday, June 26, 2011

U.S. ARMY CRIMINAL INVESTIGATION LABORATORY; MORE TURMOIL IN PRESTIGIOUS FORENSIC LAB REVEALED BY MCCLATCHY NEWSPAPERS;

"Evidence in the military's highest-profile investigations has been analyzed there - from the friendly fire death in Afghanistan of former NFL player Pat Tillman to the mass shooting at Fort Hood, Texas.

Five years ago, however, misconduct by two analysts tarnished the lab's reputation.

A McClatchy investigation revealed in March that one of the analysts, Phillip Mills, was found to have falsified a report, prompting a three-year, $1.4 million retesting of his cases. The lab concluded that he'd made dozens of mistakes, often when testing evidence in rape cases.

And the crime lab didn't always inform defense attorneys about mistakes, including evidence testing that wrongfully convicted defendants.

Since then, the accusations of impropriety have multiplied, court and military documents show."

REPORTER MARISA TAYLOR; MCCLATCHY NEWSPAPERS;

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"WASHINGTON The military's premier crime lab should be a place of sober scientific research, but lately it seems more like the set of a soap opera consumed with scandal and intrigue,"
the Mcclatchy Newspapers story by reporter Marisa Taylor published earlier today under the heading, "Turmoil wracks military's chief crime laboratory: Such claims as fraud, sexual harassment and assault have been investigated," begins.

"In less than four years, at least six internal investigations have been launched and six complaints filed against managers. The accusations and counter-accusations include racism, sexual harassment, assault and fraud,"
the story continues.

"The disputes have embroiled top managers and pitted them against one another. The lab's former lawyer says she was retaliated against for blowing the whistle. The military counters that she made off with official records.

Amid the upheaval and finger-pointing, a lab analyst was convicted of embezzling almost $70,000 from a professional association to pay for his gambling addiction.

"It's not conducive to science," said Mike Jellison, a former firearms examiner who worked at the lab 14 years.

Interviews and thousands of pages of court and military documents that McClatchy obtained reveal a litany of concerns about the lab where analysts handle evidence from all the military branches. Each year, about 3,000 criminal cases are processed at the U.S. Army Criminal Investigation Laboratory.

Acrimony and backbiting permeate the lab, military officials have found. Employees accuse the lab of protecting bad managers and ignoring serious complaints such as conflict of interest and waste.

Prompted by the swirling allegations, the military ordered sensitivity training for lab officials and conducted an employee survey.

"There are perceptions that managers are biased for a variety of reasons," Army Col. Eric Belcher concluded after one inquiry in 2009 that described a brewing problem with "extremely bad relationships between managers."

Military officials continue to back the lab's top leadership, including its longtime director.

The Army's Criminal Investigation Command, which oversees the lab, described it as "an exceptional organization, staffed by talented and committed scientists and managers."

In a statement, the CID said it couldn't legally discuss the employee claims: "In short, individuals may bring their side of the story to the media but CID cannot respond."

However, the statement said it takes "all credible allegations of wrongdoing and misconduct very seriously and continue(s) to take appropriate actions when and where warranted."

Recently, command officials sent an investigator to determine whether missing records that detailed the misconduct and forensic mistakes at the lab had been destroyed or stolen. The Army realized that the documents had disappeared from the lab when it began responding to McClatchy's questions about two discredited analysts.

Separately, the Defense Department's inspector general confirmed that he was conducting an inquiry into the lab's handling of one of the analysts' misconduct at the request of Sens. Charles Grassley, R- Iowa, and Patrick Leahy, D-Vt.

Started in 1943 by two soldiers at the Allied front in North Africa, the lab now has 180 employees in Fort Gillem, Ga.

Evidence in the military's highest-profile investigations has been analyzed there - from the friendly fire death in Afghanistan of former NFL player Pat Tillman to the mass shooting at Fort Hood, Texas.

Five years ago, however, misconduct by two analysts tarnished the lab's reputation.

A McClatchy investigation revealed in March that one of the analysts, Phillip Mills, was found to have falsified a report, prompting a three-year, $1.4 million retesting of his cases. The lab concluded that he'd made dozens of mistakes, often when testing evidence in rape cases.

And the crime lab didn't always inform defense attorneys about mistakes, including evidence testing that wrongfully convicted defendants.

Since then, the accusations of impropriety have multiplied, court and military documents show.

Misconduct by an employee prompted the FBI to search of one of the lab's offices. The probe resulted in the arrest of Allen Southmayd, a 63-year-old handwriting expert who court records show had a gambling problem.

After he joined the lab in 2000, he began to write checks to himself from a professional organization where he was treasurer. He spent the money from the American Board of Forensic Document Examiners at casinos. In 2007, the group caught on, and Southmayd resigned from the lab. He pleaded guilty to embezzling in federal court and was sentenced to probation.

Turn to civilians

To some, the morale problems began when the Army tapped chemist Larry Chelko in 1993 to be the lab's first civilian director and began replacing most of its military examiners with civilians. Although many of the lab's first civilian hires were former soldiers and Army investigators, many of the younger hires have no military background.

"I loved working there at one point but the people in management don't want any ex-military people there, period," said Jellison, a former Army warrant officer who recently decided against returning to the lab as a civilian.

Lab officials have denied trying to weed out employees with military backgrounds.

Allegations of racism

After a black temporary employee, A.D. Bell, was passed over for a permanent position, the lab's lawyer, Lisa Kreeger, testified in May 2010 that she'd overheard a manager make a racist remark about him.

Donald Mikko, the chief of the firearms branch, backed Kreeger, alleging that his boss resisted hiring Bell because he's black.

Lab officials said Kreeger misheard the remark and point out that when the director confronted Kreeger about her claim, she conceded that she might have misheard it.

But a Defense Department investigator concluded "Management has not articulated a legitimate nondiscriminatory reason for the action contested.""

The story can be found at:

http://www.charlotteobserver.com/2011/06/26/2407709/turmoil-wracks-militarys-chief.html

PUBLISHER'S NOTE: 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

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;