Hank Skinner: Latest round of DNA tests submitted to State; Final court decision on results of the tests is pending. The Pampa News.

STORY: "DPS submits 2nd round of (Hank) Skinner DNA tests," published by the Pampa News on March 7, 2013.

GIST: "Follow-up DNA tests in the Hank Skinner triple-murder case have been submitted by the Texas Department of Public Safety, but a final court decision on the results of those tests is pending, a spokesman for the Texas Attorney General’s Office said Thursday. ........Skinner was sentenced to death in 1995 for murdering Twila Busby and her sons, Randy and Elwin “Scooter” Caler, on New Year’s Eve in 1993. 

The entire story can be found at:

http://thepampanews.com/pages/2013/03/dps-submits-2nd-round-of-skinner-dna-tests/

PUBLISHER'S NOTE

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

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.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.

Sent from my iPad

George Souliotes: California; Faulty arson "science" case; Good News: A federal magistrate has recommended that he be released within 30 days - if California does not decide to retry him. Wrongful Convictions Blog.

 POST: "Federal magistrate recommends granting the petition in NCIP arson case," by Mark Godsey. published by the Wrongful Convictions Blog on March 8, 2013.

GIST: "The Magistrate recommended that the habeas petition be granted on three of the seven claims:  ineffective assistance of trial counsel for failure to present a fire expert at petitioner’s retrial, ineffective assistance of trial counsel for failure to call additional defense witnesses—after promising the jury in opening statements that he would do so—and cumulative error.  The court did not grant the petition on the ground that false evidence of arson was admitted (all of the “scientific” evidence has been conceded by the state to be unfounded), but noted that it had already found [in its ruling on Schlup—see earlier posting] that if that unreliable evidence had not been admitted at trial, Souliotes would have been acquitted.........Notably, the Magistrate recommended that Mr. Souliotes, who is now 71 years old, be released within 30 days if the State does not decide to retry him.  Such a retrial, in light of the stipulated lack of evidence of arson, is pretty much unthinkable."

The entire post can be found at:

http://wrongfulconvictionsblog.org/2013/03/08/federal-magistrate-recommends-granting-the-petition-in-ncip-arson-case/

LA Times story: "Souliotes was convicted after Modesto fire investigators determined the blaze was deliberately set, based on a variety of factors that are now known to occur in accidental fires. Prosecutors also presented evidence that a petroleum substance found on Souliotes' shoes matched a compound that ignited the fire. The prosecutor told jurors the match was “the most conclusive scientific evidence of his guilt." "The shoes tell the tale," he said in closing arguments. But a fire scientist years later determined the substance on the shoes was chemically different from the fire debris, a finding that prosecutors do not now dispute."

http://latimesblogs.latimes.com/lanow/2013/03/magistrate-recommends-release-of-inmate-in-triple-murder-arson.html

PUBLISHER'S NOTE

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

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.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. 

Manuel Velez: Reasonable Doubt: Pamela Colloff looks at new testimony from several forensic experts that suggests the medical evidence against him was deeply flawed. Texas Monthly. (Must Read. HL).

ARTICLE:  "Reasonable doubt: The Manuel Velez case," by Pamela Colloff, published in  Texas Monthly on March 6, 2013.

SUB_HEADING:   "A Brownsville construction worker named Manuel Velez was sent to death row in 2008 after he was convicted of killing his girlfriend’s baby. Five years later, new testimony from a number of forensic experts suggests that the medical evidence against Velez was deeply flawed."

GIST:  "All of this begs the question, when were these injuries sustained? It’s still unclear, but as Velez’s attorneys spoke with more medical experts, a pattern began to emerge: the experts all believed that the skull fractures and subdural hematoma had occurred before the two week window when Velez lived with Acela, the time frame prosecutors zeroed in on during Velez’s 2008 trial.
In 2011, Velez’s attorneys approached Dr. Daniel Brown, the neuropathologist who had originally autopsied Angel’s brain on behalf of the state, and asked if he could determine when the subdural hematoma had taken place. After he examined slides of the boy’s brain tissue, he stated that the injury had likely occurred 18 to 36 days before Angel’s death—when Velez was in Tennessee. Velez’s attorneys won the right to hold an evidentiary hearing, which took place last December. During the weeklong proceeding, not one of the seven medical experts who testified supported the state’s theory of the case. The state’s own expert witness, Dr. Norma Farley—who conducted the autopsy back in 2005—backed away from much of her original trial testimony, in which she stated that all of Angel’s injuries had taken place within two weeks of his death. Some, she allowed, could be 20 to 36 days old. Two forensic pathologists and a neurological surgeon testified that Angel’s skull fractures were more than two weeks old, and perhaps months old. Forensic pathologist Dr. Janice Ophoven explained that not much trauma was needed to push Angel into a critical state on October 31, 2005, if his brain was already swollen from head trauma. A rapid increase in head circumference is evidence of “increased intracranial pressure,” she said, which made the boy “a time bomb.” .........What comes next?.........Judge Elia Lopez, who presided over the evidentiary hearing, must submit her findings to the Court of Criminal Appeals by March 12. Then the court will have to decide whether or not to uphold Velez’s conviction or grant him a new trial. In the meantime, Velez sits in the Cameron County jail, where he was transferred last year after the Court of Criminal Appeals threw out his death sentence because of Merillat's faulty testimony. (The court affirmed his conviction; it only overturned his punishment.) If Velez is given a new trial, all of the scientific evidence that his attorneys have found will be presented in open court. If he is not given a new trial, a resentencing hearing will be held before a jury, who will have to determine whether he receives life without parole or is returned to death row."

The entire article can be found at:

http://www.texasmonthly.com/story/reasonable-doubt-manuel-velez-case

 PUBLISHER'S NOTE

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

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.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.  

Jonathan Salvador: Grits for Breakfast predicts that thousands of drug cases may be overturned because DPS lab worker allegedly faked results;

STORY: "Thousands of drug cases may be overturned because DPS lab worker allegedly faked results," published by Grits For Breakfast in March, 2013.

GIST: "If the court continues to apply that standard then virtually every case in which Mr. Salvador performed testing - some 4,944 cases in all from 36 counties - will be overturned because the evidence was tainted just by being in his custody! Truly, this is a mind boggling development, rivaling a similar episode in Massachusetts which has received much more publicity. The average sentence of defendants among the first 12 writs approved was eight years. If that average holds, nearly 40,000 years worth of drug sentences may eventually be overturned. Can you even imagine? How is it that Grits is the only media outlet covering this? I'd earlier suggested that enough inmates could be released from Texas prisons as a result of this unmitigated mess to allow the state to close an additional prison unit. But if the Court of Criminal Appeals handles all of Salvador's cases like they did Mr. Hobbs', the state might be able to close three or four of them. Stay tuned. This astonishing debacle has only just begun to play out."

The entire post can be found at:

http://gritsforbreakfast.blogspot.com/2013/03/thousands-of-drug-cases-may-be.html
 
PUBLISHER'S NOTE
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site. 

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.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. 

Megan Martzen: Mistrial aftermath; Babysitter had been charged with murdering a 17-month old child. Next hearing set for March 28, 2013. Reedley Exponent;

STORY: "Martzen hearing postponed," by reporter Jodie Reyna, published in the Reedley Exponent on March 7, 2013.

GIST:  "A court hearing on the future of the Megan Martzen murder case was postponed on Thursday, March 7, until March 28. Prosecutor Jeff Dupras said on Thursday that he hadn't had time to give the case the attention it deserves because he's been in another trial that just concluded. Dupras also said he hadn't had time to talk with defense attorney Jeff Hammerschmidt. The big question is whether the Fresno County District  Attorney's Office intends to retry Martzen on murder charges in connection with the February 2009 death of 17-month-old Ella Van Leeuwen. Martzen's first trial ended on Feb. 14 with a mistrial because the jury could not reach a unanimous verdict. The jury voted 10-2 for not guilty on the charge of murder, 8-4 for not guilty on the charge of child abuse causing death and 6-6 on an involuntary manslaughter charge. At that time, Dupras said the DA's Office intended to retry the case. Whether that is still the DA's intention is not known. Repeated calls from The Exponent to the DA's Office in the last week have not been returned.

The entire story can be found at 

http://www.reedleyexponent.com/articles/2013/03/07/news/doc5138be844943f560771509.txt

See previous post: "Report on mistrial probes meaning of jury's verdict."

http://smithforensic.blogspot.com/2013/02/megan-martzen-report-on-mistrial-probes.html

PUBLISHER'S NOTE

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

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.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.  

Bulletin: Shelley Richter: Missouri; ("Shaken baby syndrome" case): Jury acquits her on more serious charge of felony child abuse - finds her guilty of endangering a child's welfare; News Tribune;

STORY: "Babysitter guilty of endangering  child's welfare; Babysitter accused of shaking 7 month-old in her care in 2010," by reporter Bob Watson, published in the News Tribune on March 13, 2013.

GIST: "Shelley Richter is guilty of endangering the welfare of a child, a Cole County jury ruled late this afternoon. But that jury said she was not guilty of the more serious charge, felony child abuse. Both charges were filed in 2010, after Lane Schaefer, then 7 months-old, was injured while attending Richter’s in-home day care in Taos. All testimony showed he was a healthy baby before Richter said she dropped the boy while falling, after tripping over a toddler who had walked behind her. Now 3, Lane’s parents testified he needs therapy almost daily, has life-long brain damage and will be blind for the rest of his life. The six-man, six-woman jury deliberated just over 5 1/2-hours before reaching their verdict. Cole County Presiding Circuit Judge Patricia Joyce gave lawyers 25 days to file a motion for a new trial."

FROM EARLIER COVERAGE:   “At the end of the day there’s somewhat complicated medical testimony,” Assistant Prosecutor Cheryl Nield reminded the jury in her final, closing argument. “(But the doctors’) conclusion was consistent that Lane Schaefer was injured by shaking — a non-accidental event.” But that’s not true, said Shane Farrow, Richter’s attorney. “There are inconsistencies amongst these experts who are saying, ‘You can rely on us,’” Farrow reminded the jury. “All said dropping (a child) wouldn’t cause these injuries (but our expert) Dr. Plunkett said these injuries are consistent with being dropped from a short distance.” Farrow agreed Lane Schaefer, now 3, suffered serious, disabling injuries on Aug. 19, 2010, while he was in Richter’s care at her in-home day care in Taos. “This is a tragic case,” he acknowledged, “but that doesn’t mean Shelly Richter knowingly shook Lane Schaefer or knowingly hit his head (on something).” Farrow presented only three witnesses during this morning’s testimony: Richter; Dawn Wilde, a neighbor and former Highway Patrol trooper whom Richter called first, when she realized the boy — then 7 months old — was seriously hurt after she dropped him while falling; and Dr. John Plunkett, a retired Minnesota medical examiner. Plunkett reviewed all of Schaefer’s medical records and the sheriff’s department’s probable cause statement filed with the initial charges, and told the jury this morning that the Missouri doctors were wrong when they concluded Lane’s serious brain injuries were caused by his being shaken. “If you fall and you hit your head, the likelihood of serious injury is pretty high,” Plunkett testified. A Cole County grand jury indicted Richter, now 42, in September 2010 for child abuse, a Class B felony, and endangering the welfare of a child, a Class C felony. Conviction of the abuse charge could result in a prison sentence of five-15 years. Conviction of the “endangering” charge could result in a prison sentence of up to seven years."

The entire story can be found at:

http://www.newstribune.com/news/2013/mar/13/jury-deliberating-child-abuse-case/

 PUBLISHER'S NOTE

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

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.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

Annie Dookhan: The Associated Press reports that a Massachuset's judge has sent two drug lab cases to high court;

STORY: "Mass. judge sends drug lab cases to high court," published by Associated Press on March 12, 2013.

GIST: "A justice of Massachusetts' highest court has agreed to ask the full court to decide two cases in which prosecutors are challenging how lower courts are handling drug convictions now in jeopardy because of alleged misconduct by a chemist at a state drug-testing lab. Annie Dookhan has pleaded not guilty to faking test results and evidence tampering.........Essex District Attorney Jonathan Blodgett is challenging whether retired judges appointed as special magistrates to hear Dookhan cases have the authority to put sentences on hold while requests for new trials are pending."
 

The entire story can be found at:

http://www.google.com/hostednews/ap/article/ALeqM5i8yOsQILDATvnDkF1A8PVVozdYFw?docId=e6389e6d434f4e1989ac5f39b3854bf8

See Patriot Ledger story in which State's Attorney Michael Morrissey says: “I never thought one person could do this much damage to the criminal justice system as this person did.”

 http://www.patriotledger.com/news/x1522337324/Morrissey-discusses-damage-done-by-chemist-accused-in-state-drug-lab-scandal

PUBLISHER'S NOTE

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

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

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.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.